Wednesday, August 22, 2012
Rhodes vs JPMorgan Chase Bank, NA -- Opinion and Order
The federal district court was recently called upon to review one of claims that a borrower can "quiet" a mortgage based on defects in the subsequent assignment or securitization. Even though the court didn't address the ultimate issue, granting leave to amend, it is interesting reading.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
JPMORGAN CHASE BANK, N.A., and
CHASE HOME FINANCE, LLC d/b/a
CHASE HOME MORTGAGE,
OPINION AND ORDER
This cause is before the Court upon Defendant JPMorgan Chase Bank, N.A.’s Motion to
Dismiss Plaintiff’s Complaint (DE 4). The motion is fully briefed and ripe for review. The
Court has carefully considered the Motion and is otherwise fully advised in the premises.
Plaintiff Edward Rhodes (“Rhodes”) brings this Complaint to Quiet Title against
Defendants JPMorgan Chase Bank, N.A. (“JPMorgan”) and Chase Home Finance, LLC d/b/a
Chase Home Mortgage (“Chase”) (“Defendant”)1 for property owned in fee simple at 701 North
Andrews Avenue, Delray Beach, Florida. (Compl. ¶ 1.)
. . .
Defendant’s Motion to Dismiss Plaintiff’s Complaint (DE 4) is DENIED. Within 14
days from the date of this Order, Plaintiff shall amend the Complaint consistent with the
directives in this Order.
DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County,
Florida, this 28th day of June, 2012.
KENNETH A. MARRA
United States District Judge