Saturday, July 6, 2013

JP Morgan Chase Bank, Natl. Assn. v Butler | NYSC- Judge Schack Destroys Chase and Fannie - CHASE...instant action, committed a fraud upon the Court by claiming to be the plaintiff

JP Morgan Chase Bank, Natl. Assn. v Butler | NYSC- Judge Schack Destroys Chase and Fannie - CHASE...instant action, committed a fraud upon the Court by claiming to be the plaintiff

"After numerous misrepresentations to the Court by various counsel for CHASE, it is clear that the actual BUTLER mortgage and note, given in 2007 by the defunct WASHINGTON MUTUAL BANK, FA [WAMU], was acquired in 2007 by the FEDERAL NATIONAL MORTGAGE ASSOCIATION [FANNIE MAE] from WAMU. Despite CHASE’S claims, before December 2011, to the Special Referee and the Court that it owned the subject mortgage and note, plaintiff CHASE only purchased the servicing rights to the subject mortgage and note from the FEDERAL DEPOSIT INSURANCE CORPORATION [FDIC] in September 2008, when WAMU was seized by the FDIC.

Plaintiff CHASE, as will be explained, never owned the subject BUTLER mortgage and note. Therefore, CHASE had no right to foreclose on the subject mortgage and note. Moreover, the continued subterfuge by CHASE and its counsel to the Special Referee and Court that it owned the subject BUTLER mortgage and note demonstrated “bad faith” in violation of CPLR Rule 3408 (f), which requires that “[b]oth the plaintiff and defendant shall negotiate in good faith to reach a mutually agreeable resolution, including a loan modification, if possible.” http://stopforeclosurefraud.com/2013/07/05/jp-morgan-chase-bank-natl-assn-v-butler-nysc-judge-schack-destroys-chase-and-fannie-chase-instant-action-committed-a-fraud-upon-the-court-by-claiming-to-be-the-plaintiff/

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