Jordan Porter's Communications with Chase
This is for attorney Jordan Porters upcoming calls and communications with Chase: here are some of Chase's weaknesses in fighting legally further and why Chase should settle this now to avoid further court action.
(Note: Cassino closed loan on 9/26/2005 with Community Mortgage Group, Inc. (CMG) > WaMu ? > ? Chase > JPMorgan Chase.)
These are 18 very serious Chase legal problems that requires Chase refunding closing costs paid by Cassino and all 63 monthly payments (average of $1,550 P.I.T.I.) made by Cassino with interest and other related damages**, return of cancelled note and recording of satisfaction of deed of trust.
1. Chase was not PETE (Person Entitled To Enforce) on 3/17/2011 when Chase foreclosed as it was not until 9/28/2011 that Chase recorded a fraudulent “self-assigned” corporate assignment of deed of trust – more than 6 months later! https://www.youtube.com/watch?v=u2LA2IbHToA Published on Apr 6, 2015 The issue of TILA recission in foreclosure cases is particularly important after the United States Supreme Court released their opinion in Jesinoski v. Countrywide. See how it applies in this video. Weidner Law Florida Appellate Court Oral Argument Video;
2. Chase as plaintiff not winning in state court and partially settling paying $10,000 for Cassino’s attorney fees in March 2013;
3. Chase as defendant not winning in Federal Court after 7 months - Cassino then withdrew without prejudice April 2014.
4. Chase does not have the original note as it was deemed “lost” (after likely shredding when sold via MERS/securitization to “wall street”);
5. 2 fraudulent robosigned/faulty notary affidavits of lost note – different dates by months off;
6. No indorsements and no allonges impressed or attached to "lost" note;
7. A deed of trust that has only 5 vacant acres on it (not adjoining 5 acres with home);
8. No capacity or standing by Chase to reform the deed of trust vacant 5 acres to include adjoining 5 acres with home;
9. The vacant 5 acres on the deed of trust has about 15 feet of my neighbors home on it with a 3o foot property line setback required;
10. The admission by JP Morgan Chase Bank N.A. in 13 billion settlement with the FDIC made November 19, 2013 (from Exhibit D 13) that it is not successor-in-interest to WaMu loans;
11. Lawrence Nardi deposition in Florida Appeals Court in 2011 that Chase is not successor in interest to WaMu loans (no loan schedule proving);
12. Cassino’s TILA rescission letter dated January 30, 2015 – the loan note and deed of trust null and void by operation of law;
13. Concealment, fraud and non-disclosure that Community Mortgage Group, Inc. was the lender at Cassino’s 9/26/2005 went it was not. Actual hidden lender was Regions Funding, Atlanta GA.
14. Concealment, fraud and non-disclosure about Mortgage Electronic Registration Systems, Inc. (MERS).
15. Concealment, fraud and non-disclosure about Cassino’s loan note being securitized into MBS/derivatives.
16. Because the loan note and deed of trust are now null and void by operation of law, if Chase were to challenge either this planned complaint or with a new complaint, Chase could not use the note or deed of trust as evidence, but would have to prove the chain of title from Community Mortgage Group, Inc. (CMG) to Chase plus provide proof of consideration paid for the loan note and deed of trust.
17. Because Cassino will have to make a new loan with the real lender or PETE (person Entitled To Enforce) he needs asap the return of the cancelled note, the recording of a deed of satisfaction and return of all money paid at closing and for 63 payments made plus interest!!
18. Cassino did not start this 4 1/2 year legal battle. Chase did by refusing to accept regular monthly payments, forcing "default" after 3 months, because he retained Mitchell J. Stein & Associates to request either a loan modification if Chase was holder in due course (P.E.T.E.) and if not, quiet title action in state court county of land records. Point is this by itself is a separate law suit for wrongful foreclosure and all related damages that Cassino will exercise when and if needed.
Jordan just FYI that in state court we denied Chase’s claim of note holder in due course, but if that fact could be absolutely proven to us by somebody else like an investor in the future through accounting records, tax records, chain of title and consideration paid - that we will absolutely do a loan modification with them.
(Note: Cassino closed loan on 9/26/2005 with Community Mortgage Group, Inc. (CMG) > WaMu ? > ? Chase > JPMorgan Chase.)
These are 18 very serious Chase legal problems that requires Chase refunding closing costs paid by Cassino and all 63 monthly payments (average of $1,550 P.I.T.I.) made by Cassino with interest and other related damages**, return of cancelled note and recording of satisfaction of deed of trust.
1. Chase was not PETE (Person Entitled To Enforce) on 3/17/2011 when Chase foreclosed as it was not until 9/28/2011 that Chase recorded a fraudulent “self-assigned” corporate assignment of deed of trust – more than 6 months later! https://www.youtube.com/watch?v=u2LA2IbHToA Published on Apr 6, 2015 The issue of TILA recission in foreclosure cases is particularly important after the United States Supreme Court released their opinion in Jesinoski v. Countrywide. See how it applies in this video. Weidner Law Florida Appellate Court Oral Argument Video;
2. Chase as plaintiff not winning in state court and partially settling paying $10,000 for Cassino’s attorney fees in March 2013;
3. Chase as defendant not winning in Federal Court after 7 months - Cassino then withdrew without prejudice April 2014.
4. Chase does not have the original note as it was deemed “lost” (after likely shredding when sold via MERS/securitization to “wall street”);
5. 2 fraudulent robosigned/faulty notary affidavits of lost note – different dates by months off;
6. No indorsements and no allonges impressed or attached to "lost" note;
7. A deed of trust that has only 5 vacant acres on it (not adjoining 5 acres with home);
8. No capacity or standing by Chase to reform the deed of trust vacant 5 acres to include adjoining 5 acres with home;
9. The vacant 5 acres on the deed of trust has about 15 feet of my neighbors home on it with a 3o foot property line setback required;
10. The admission by JP Morgan Chase Bank N.A. in 13 billion settlement with the FDIC made November 19, 2013 (from Exhibit D 13) that it is not successor-in-interest to WaMu loans;
11. Lawrence Nardi deposition in Florida Appeals Court in 2011 that Chase is not successor in interest to WaMu loans (no loan schedule proving);
12. Cassino’s TILA rescission letter dated January 30, 2015 – the loan note and deed of trust null and void by operation of law;
13. Concealment, fraud and non-disclosure that Community Mortgage Group, Inc. was the lender at Cassino’s 9/26/2005 went it was not. Actual hidden lender was Regions Funding, Atlanta GA.
14. Concealment, fraud and non-disclosure about Mortgage Electronic Registration Systems, Inc. (MERS).
15. Concealment, fraud and non-disclosure about Cassino’s loan note being securitized into MBS/derivatives.
16. Because the loan note and deed of trust are now null and void by operation of law, if Chase were to challenge either this planned complaint or with a new complaint, Chase could not use the note or deed of trust as evidence, but would have to prove the chain of title from Community Mortgage Group, Inc. (CMG) to Chase plus provide proof of consideration paid for the loan note and deed of trust.
17. Because Cassino will have to make a new loan with the real lender or PETE (person Entitled To Enforce) he needs asap the return of the cancelled note, the recording of a deed of satisfaction and return of all money paid at closing and for 63 payments made plus interest!!
18. Cassino did not start this 4 1/2 year legal battle. Chase did by refusing to accept regular monthly payments, forcing "default" after 3 months, because he retained Mitchell J. Stein & Associates to request either a loan modification if Chase was holder in due course (P.E.T.E.) and if not, quiet title action in state court county of land records. Point is this by itself is a separate law suit for wrongful foreclosure and all related damages that Cassino will exercise when and if needed.
Jordan just FYI that in state court we denied Chase’s claim of note holder in due course, but if that fact could be absolutely proven to us by somebody else like an investor in the future through accounting records, tax records, chain of title and consideration paid - that we will absolutely do a loan modification with them.