"This decision finally brings the real issue to the forefront: who, if anyone, actually has the legal status of creditor or the right to claim ownership of the debt, loan, note or mortgage? In this case the Court correctly centered on the real issue: if WAMU had ALREADY sold the loan before it "sold" the loan to a trust or anyone else, then the entire chain is not just defective, or corrupted, it is void. And then you have quiet title, wrongful foreclosure and probably RICO although that does not seem to be in the pleadings for this case." Neil Garfield, Living Lies
DEBORAH BURKE and SEAN K. BURKE, Plaintiffs,
CHASE BANK, N.A; WELLS FARGO BANK, N.A. AS TRUSTEE FOR JPMORGAN
MORTGAGE TRUST MORTGAGE PASS-THROUGH CERTIFICATE SERIES Defendants.
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS
FAC ¶ 12. Plaintiffs provide significant detail regarding the process through which
WaMu allegedly sold their loan. See id. ¶¶ 12-19.
WAMU irrevocably sold all right, title and interest in Plaintiffs' mortgage loan, for value received, to the JPMorgan Mortgage Trust 2008-R2 Mortgage Pass-through Certificates Series 2008-R2 ("JPMMT 2008-R2"), a private label mortgage-backed securities trust with a Real Estate Mortgage Investment Conduit election and continuing qualification.
A. Wrongful Foreclosure
B. Quiet Title
E. Cancellation of Instruments
 It is unclear why Defendants make this argument only in opposition to Plaintiffs' Section 2923.5 claim and not all of Plaintiffs' claims. Regardless, some of the Court's reasons for rejecting Defendants' argument apply to all of Plaintiffs' claims.