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This is about Lance Cassino's federal court (? or state court) lawsuit to enforce his notice of rescission letter sent to JPMorgan Chase (Chase) on January 30, 2015 soon after the Jesinoski v. Countrywide January 13th, 2015 unanimous Supreme Court decision on what TILA may allow a "conned/fooled/lied to intentionally" at closing homeowner - to do something about - it once they learn of the concealment, fraud, non-disclosure. Plus my note only had one signature on it thus an authorization to deposit for designated funds but not a contract.
In my case I closed 9/26/2005 with Community Mortgage Group, Inc. (CMG) in Westminster, Colorado. I did not learn until June 2013 that CMG was NOT my real lender. I found this out by getting copies from my title company at closing of the wire transfer and instructions funding my loan, I learned the real lender was "Regional Funding Atlanta GA" - so the argument "No Lender No Contract" could apply.
Then in March 2014, after reading www.CloudedTitles.com, I learned that Mortgage Electronic Registration Systems, Inc. (MERS) was mentioned maybe just once - ONLY on my deed of trust - which is concealment and not full disclosure of what MERS really is if anything, or that the loan was going to be securitized. So the argument of equitable tolling could apply.
Anyway, Chase had 20 days upon receipt February 5, 2015 to challenge with a lawsuit not a reply - or until February 26 - March 5, 2015 depending on not counting weekend days - or lose all interest and rights. As of Tuesday, June 30, 2015 Chase has not.
Below is the rescission letter sent January 30, 2015 and USPS proof of delivery with signature February 5, 2015.
Since Chase did not respond, the next step was to send a certified mail USPS letter to Chase (c.c . Chase attorney Joanna McCarty) a letter demanding within 21 days the following:
a. Chase recording a satisfaction of deed of trust in Jefferson county Colorado.
b. Return of the cancelled original note with indorsements and allonges.
c. Return of all closing costs and payments made from September 2005 through December 2010 with interest.
d. If a, b and c are not accomplished within 20 days, then Cassino will retain an attorney to retain for filing a TILA rescission enforcement complaint in federal court or state court to force Chase to comply - now adding additional costs in whatever allowable damages and payment of attorneys fees if any. Plus, because the note and deed are void per operation of law, Chase cannot use either as proof of standing/PETE - so now Chase must show the chain of title unrecorded and real consideration paid for Cassino loan/note/deed. Likely outcome is Chase settling out of court before trial if not sooner due to March 2013 "partial settlement" of $10,000 paid by Chase?
NOTE: The above mentioned demand letter was sent Monday, April 20, 2015 - see the demand letter at the very bottom of this page.
2 - Since Chase did not do the above a, b and c within 21 days - by May 11, 2015, Cassino retained June 29, 2015 attorney Jordan Porter, of Denver Colorado, to possibly work with Neil Garfield as a consulting attorney (and/or possible expert witness on TILA, MERS and securitization), in filing in Federal or state court a complaint to enforce TILA rescission enforcement - see rough draft at link above or Cassino's Complaint to Enforce TILA Rescission.
In my case I closed 9/26/2005 with Community Mortgage Group, Inc. (CMG) in Westminster, Colorado. I did not learn until June 2013 that CMG was NOT my real lender. I found this out by getting copies from my title company at closing of the wire transfer and instructions funding my loan, I learned the real lender was "Regional Funding Atlanta GA" - so the argument "No Lender No Contract" could apply.
Then in March 2014, after reading www.CloudedTitles.com, I learned that Mortgage Electronic Registration Systems, Inc. (MERS) was mentioned maybe just once - ONLY on my deed of trust - which is concealment and not full disclosure of what MERS really is if anything, or that the loan was going to be securitized. So the argument of equitable tolling could apply.
Anyway, Chase had 20 days upon receipt February 5, 2015 to challenge with a lawsuit not a reply - or until February 26 - March 5, 2015 depending on not counting weekend days - or lose all interest and rights. As of Tuesday, June 30, 2015 Chase has not.
Below is the rescission letter sent January 30, 2015 and USPS proof of delivery with signature February 5, 2015.
Since Chase did not respond, the next step was to send a certified mail USPS letter to Chase (c.c . Chase attorney Joanna McCarty) a letter demanding within 21 days the following:
a. Chase recording a satisfaction of deed of trust in Jefferson county Colorado.
b. Return of the cancelled original note with indorsements and allonges.
c. Return of all closing costs and payments made from September 2005 through December 2010 with interest.
d. If a, b and c are not accomplished within 20 days, then Cassino will retain an attorney to retain for filing a TILA rescission enforcement complaint in federal court or state court to force Chase to comply - now adding additional costs in whatever allowable damages and payment of attorneys fees if any. Plus, because the note and deed are void per operation of law, Chase cannot use either as proof of standing/PETE - so now Chase must show the chain of title unrecorded and real consideration paid for Cassino loan/note/deed. Likely outcome is Chase settling out of court before trial if not sooner due to March 2013 "partial settlement" of $10,000 paid by Chase?
NOTE: The above mentioned demand letter was sent Monday, April 20, 2015 - see the demand letter at the very bottom of this page.
2 - Since Chase did not do the above a, b and c within 21 days - by May 11, 2015, Cassino retained June 29, 2015 attorney Jordan Porter, of Denver Colorado, to possibly work with Neil Garfield as a consulting attorney (and/or possible expert witness on TILA, MERS and securitization), in filing in Federal or state court a complaint to enforce TILA rescission enforcement - see rough draft at link above or Cassino's Complaint to Enforce TILA Rescission.
and below is the proof of mailing via USPS
Monday, April 20, 2015 - demand letter sent certified mail USPS follows.