Thursday, July 26, 2012

Florida Homeowner Liz Coursen's Wins Big in RICO Case Against JPMorgan Chase et al


July 25th 2012 stands out as a red letter day for foreclosure fighters and home defenders in Florida. The scales of justice have at long last tipped in the favor of Elizabeth "Liz" Coursen, a Florida homeowner, who has waged a six year fight for her home. She won her first real fight against JPMorgan Chase Bank NA and other players such as WAMU, North American Mortgage Company, Fannie Mae, Fidelity National, LPSDS, and Shapiro and Shipman. This case is out of the federal courts in the Middle District of Florida. The Plaintiff, Elizabeth Coursen, has sued a litany of corporate entities for wrongful foreclosure and her claims include RICO, Civil Conspiracy, FDCPA violations, FLUDPTA violations and more. She is a source of inspiration to home defenders across the country.  She has stood steadfast and resolute in her fight for fairness and justice. Liz has reached out and helped homeowners in distress across the country.  The tides are turning in her favor.

JPMorgan Chase Bank successfully foreclosed on Liz Coursen's home 7 or 8 months ago. The bank has left the property uninhabited and through neglect may have made in unhabitable. The yard is filled with weeds and trash; the exterior is now covered in mold. This is a blight on the neighborhood, Had Chase and Fannie worked with Liz she could be living there and maintaining the property. This is but one example of what is going on across America -- banks are destroying lives, neighhorhoods, and cities across the land.

The U. S. District Court in Tampa ruled that Liz Coursen's civil RICO claim is not time-barred inasmuch as Plaintiff asserts that she was prevented from discovering that she was the victim of fraud by Defendants’ concealment of the alleged fraud.

 BACKGROUND:

On or about September 27, 2001, Plaintiff, Elizabeth H. Coursen (“Plaintiff”), executed and delivered a promissory note and a mortgage to North American Mortgage Company. Defendant Washington Mutual Bank (“WaMu”) became the holder of the Note and Mortgage, as successor to North American Mortgage Company, and it assigned the Mortgage to Defendant Federal National Mortgage Corporation (“Fannie Mae”) in 2003. 

Fannie Mae filed a complaint in the Twelfth Judicial Circuit Court in Sarasota County, Florida, seeking foreclosure of the Mortgage against Plaintiff on April 23, 2003, in the case of Federal National Mortgage Association  Elizabeth H. Coursen, et. al., Case No.: 2003-CA-005846 NC (“the 2003 Foreclosure Case”), which was eventually dismissed. On or about October 31, 2006, Fannie Mae assigned the Mortgage back to WaMu as attorney-in-fact for Fannie Mae. WaMu determined that Coursen had defaulted on her loan payments in 2006, and as a result, filed a foreclosure action against Plaintiff on or about September 13, 2006, in the case of Washington Mutual Bank v. Elizabeth H. Coursen, et. al., Case No.: 2006-CA-008521 NC (“the 2006 Foreclosure Case”).

WaMu received a final judgment of foreclosure in the 2006 Foreclosure Case on or about November 27, 2006 (“the Final Judgment”). In the 2006 Foreclosure Case, WaMu filed the original Note, which reflected a blank endorsement. In 2008, Defendants JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. (collectively “Chase”) acquired WaMu and subsequently became holder of the Note and Mortgage. Following several failed attempts to settle the 2006 Foreclosure Case through loss mitigation efforts, and following several pleadings filed by Plaintiff in an attempt to remain in the property without making mortgage payments, the foreclosure sale was eventually rescheduled for
November 14, 2011.

Plaintiff Coursen filed a Motion to Vacate Judgment on or about September 27, 2011. The state court denied the motion on October 24, 2011, for lack of jurisdiction. Plaintiff subsequently filed a Motion for Rehearing on or about November 3, 2011, which was denied. At the foreclosure sale on November 14, 2011, the subject property was sold to Chase. Plaintiff subsequently filed her Objection to Sale, not raising any irregularity in the sale or inadequacy of the sale price. In response, Chase filed a Motion to Strike the Objection to Sale, which was granted on March 6, 2012.

Plaintiff filed a Complaint solely against JP Morgan Chase & Co. in state circuit court on August 18, 2010, based upon allegations that Defendant lacked standing and committed fraud in pursuit of the foreclosure. On August 18, 2011, the Complaint was dismissed with leave to amend, for failure to state the fraud claims with particularity. On September 27, 2011, Plaintiff filed a motion to vacate judgment in the 2006 mortgage foreclosure, which was denied on October 24, 2011. She sought rehearing on November 3, 2011, and her motion was denied.  

The final sale of the property took place on November 4, 2011, and a certificate of title was issued to Chase. Plaintiff filed an objection to the sale, which was struck on March 6, 2012, because the motion failed to raise any irregularity in the sale or inadequacy of the sale price.

Plaintiff then filed her First Amended Complaint on or about March 6, 2012, in which she seeks relief through five counts for violations of FDUTPA (Count I); violations of the FDCPA and the FCCPA (Count II); for civil conspiracy (Count III); for abuse of legal process (Count IV); for damages and declaratory relief under 18 U.S.C. § 1961, 18 U.S.C. § 1962(b), and 18 U.S.C. § 1964 (Count V). (Dkt. 2.)  

Coursen added Defendants FNF, JPMorgan Chase Bank, N.A., WaMu, Fannie Mae, Shapiro & Fishman, GP, Fidelity National Default Solutions (“FNDS”), Fidelity National Information “FNIS”), Inc., Lender Processing Services, Inc. (“LPS”), Lender Processing Services Default Solutions, Inc. (“LPSDS”), DocX, and Dory Goebel (“Goebel”), as Defendants. Defendants Chase, WaMu, and Fannie Mae removed the case to U. S. District Court on March 30, 2012. (Dkt. 1.)

Plaintiff alleges that Defendants unlawfully employed the United States mail, Florida state courts, and perjured and fabricated evidence to divest her of her homestead.(Dkt. 2, ¶¶1-16.) She alleges that Defendants were the principals of, or participated in, the operation or management of the enterprise itself and that the pattern of racketeering included at least two acts, transmission through the use of the mail of fake Assignments -11- Case 8:12-cv-00690-RAL-EAJ Document 41 Filed 07/25/12 Page 11 of 12 PageID 858  of Mortgage and fictitious corporate signatures. (Id. at ¶¶6-12.) Furthermore, Plaintiff’s civil RICO claim is not time-barred inasmuch as Plaintiff asserts that she was prevented
from discovering that she was the victim of fraud by Defendants’ concealment of the
alleged fraud.


ACCORDINGLY, it is ORDERED AND ADJUDGED:
Defendant Fidelity National Financial, Inc.’s Motion to Dismiss Plaintiff's First
Amended Complaint (Dkt. 28) is denied. Defendant shall file its answer and any defenses
to the First Amended Complaint within ten (10) days of this Order.


 



12 comments:

  1. evil people.
    Yet no one goes to jail.

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  2. The long and complex tragedy in the midst of this recent victory is that Liz Coursen has been compelled to spend her considerable talent, endurance and resources of her life in the fraud that is today's securitized mortgage banking in the United States of America.

    Thus the talent and productivity of a very worthy and capable woman has been misdirected to contest and fight rather than create and produce - we as a nation are the losers in this contest. The miscreant banksters will ultimately lose - but at what cost to this nation? We are all Americans and yet it is as though the nation has been subjugated by a foreign, alien and hostile power to steal the substance of this once great, productive and prosperous nation.

    And the real tragedy is that the Liz Coursen story can be multiplied many millions of times when you consider that the entire nation is under full assault from banksters - domestic and foreign - who in alliance with our own government have designed to steal the accumulated wealth and homes of millions of Americans.

    It is a classic tragedy of unprecedented historic proportions which must be brought to a full stop by some appropriate action by the people of this constitutional republic which once operated and conducted itself under the rule of law but apparently does no longer.

    I am happy for Liz and wish her well in her quest to bring the banksters to heel and account for their terror.

    God's speed to Liz Coursen and the hope born of the lessons of her intelligent and resolved endurance.

    dalerobertson@habeascorpus.net

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    Replies
    1. Extremely well said. I feel the same way each and every day. It's shocking what is happening to the courts, Land Records, Banking and Investment System of our Country. What will the future look like with so many people's life savings and investments in their homes completely wiped out with no recourse. It's so unamerican yet no on seems to care. What happened to us as a conscience society. It would seem that corporate greed has created a pathological mind set of corruption as a "normal business practice" or SOP.

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    2. Rosanne Rousseau: Still dealing with our crises. Would love to attempt to settle with the Bank as our mortgage was payed off 2 years ago. Can you give me the person that you spoke to or any other information so that we might discuss a settlement. I am sure that Chase is not fully aware of our situtation and if we could talk to someone maybe we could make them aware. I had that office of the CEO of Bank or America reach out to us regarding a dispute which was resolved. No it's Chases turn. my email is wilford2_2000@yahoo.com. I look forward to hearing from you. It's been to long for us!

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  3. I also beat Chase after a five year battle against them when they attempted to foreclose on my home in NY. I also defended myself. After five years, one of the top banking officials for Chase personally contacted me to "settle". After all, they had been attempting to collect $54,000 on an almost 30 year mortgage which was paid for 28 of those years at 14.125%!!!! Their greed knew no boundaries. He asked me what "I THOUGHT I OWED CHASE?" And I said after you raped me for 28 years at 14.125%, I owe you NOTHING." I demanded that they remove all the late fees & attorney's fees for the mess they created on a measly $20,000 loan since 1983. I told them I was no mathematical genius, but I was pretty sure they made a killing on me already. I got my pay-off letter from Chase immediately thereafter. I guess I became a big enough nuisance after 5 years of paying their attorneys to get nowhere. Persistence pays off, but it did kill 5 years of my life too.

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    Replies
    1. Hello Rosanne: I would give anything to know who called you from Chase re: a "pay off". We have a Wamu Chase loan and were unable to even speak to anyone regarding our loan from 2007-2011 until we got an attorney involved. We have been sent such contradictions from FNMA, Chase Bank NA and Chase Home Loan LLC. Our last QWR showed the loan was actually paid, yet we still sit in foreclosure limbo waiting for this mess to pass through the courts to no avail. I would give anything to talk to the right person so that I might ask the question...was our loan paid, and if not then what do we owe. It's a mystery! Thank you. Sincerely, Diane Wilson. Florida

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    2. Hello Rosanne: I would love to have the name of the person you spoke to at Chase re: "your pay off". It is amazing what we have gone through with them since 2007, now here it is 2014 and we finally got our 15 minutes in front of the judge. Chase's legal defense team submitted evidence showing the loan was paid, yet the next day we were foreclosed on. I would like to talk to someone at Chase about their record keeping!

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  4. Enzo Vincenzi wins case !

    By order of Judge Fuller, all property is to be returned !!

    After 5 years of fighting Lee County, 6 attorneys, 3 judges and perseverance, Enzo was vindicated..

    Congratulations Enzo, You put up  a good fight and succeeded with the truth 
    Read more about Enzo's battle at: 

    http://leecountyconspiracy.net/ and http://enzovincenzi.com

    $250,000.00 CASH REWARD for Any Information Leading To The ARREST! and Conviction! of Public Corrupted Sheriff Mike Scott for Organized Public Corruption Fortune Tellers Mortgage Fraud Cover Up with (Fact) Con Artist Convicted Felon Criminal Miriam Pacheco aka "La Madrina Miriam" and Co-conspirators Using the same Modus Operandi as Convicted Detective Jack M. Makler who was sentenced to FIVE YEARS in Federal Prison.

    We are looking for anyone who has any information leading to the ARREST and CONVICTION of Public Corrupted Sheriff Mike Scott engaging in Organized Public Corruption Conspiracies Cover Ups, Mortgage Fraud Cover Ups with Sgt Keith Day of the Lee County Sheriff's Economic Crimes Unit, Public Corrupted Sheriff Mike Scott violating RICO Laws In The State of Florida for Racketeer Influenced and Corrupt Organization Statue Act, Title 18 United States Code Sections 1961-1968.

    FOR MORE DETAILED SPECIFIC INFORMATION ABOUT THE SHERIFF MIKE SCOTT $250,000.00 (Two Hundred Fifty Thousand Dollars) CASH REWARD LEADING TO THE ARREST and CONVIVTION of Public Corrupted Crooked SHERIFF MIKE SCOTT Visit www.enzovincenzi.com and www.leecountyconspiracy.net.

    Public Corruption is a CRIME.
    What Can You Do About It?
    CALL PUBLIC CORRUPTION TIP LINE:
    239-321-4005

    Anyone who has any information leading to the ARREST and Conviction of Miriam Pacheco, Maria T. Torres, Marvin Torres and Blanca Rosa Sachtouras CONTACT N.Y./Florida Investigator Bob Nygaard at 561-596-3443.

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  5. NEW MOVIE RATS found at PROJECT13d.com exposes billionaires William P Foley II, Wilbur Ross Jr, Chicago Title, David Blomquist Chicago Title, foreclosure attorney LINDA Tarpley, Notary Ann Christie, Daniel Messersmith loan rep
    District court Judges in alleged fraudulent foreclosures. True Story, documents faces & facts.

    The real story is told..... it wasn't just banks that had a hand in fraudulent loans & foreclosures.

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  6. Where does it say that she won her case? Can't even find it on PACER. What was the actual outcome of this case? Did she settle? What damages were she awarded?
    Desperately need current update on this case as I am hoping that her case, if she truly won, could help with my situation.
    Any info appreciated.

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    Replies
    1. same here ..... youarein@outlook.com.au. I really need all the help I can get from good cases, good people and experts in the foreclosure matter in FL. All knowledgeable networking will be very much welcome. ....I have been working with a great group, but the more, the better.

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  7. Blogs on the misconduct of the sheriff are here

    http://sheriffmikescottcrimescoorruption.blogspot.com/

    http://leesheriffmikescottmisconduct.blogspot.com/

    This sheriff is very corrupt and unfair. He applauds and encourages my murder, but, when it comes to him, a whole different kind of justice applies. Good luck.

    ReplyDelete