California Victory! Court Renders Judgment in Plaintiffs’ Favor Voiding the Deed of Trust Plus Statutory Damages of $16K

This just in…

Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al.
California Central District Court, Case No. 2:09-cv-04589.

I dont know how many people take it upon themselves to challenge their bank; but I was an experience I will never forget.  I challenged Chase on my mortgage based on TILA violations.  The bank retained a large law firm in So. CA with 3 lawyers.  So much motions and procedures to learn and apply as the case moved along in the last year.  Finally, the case went to trial yesterday.  The court finally rendered judgment in plaintiffs’ favor in voiding the deed of trust.  As far as the outstanding loan, it is forfeited and the bank would have to take that lost.  Furthermore, the court imposed statutory damages of $4k for each violations which amounted to about $16k.

I am in the process of preparing the judgment for the court to sign along with tax cost.  Believe it or not, I have expended over $10k in cost alone; which includes expert witness cost.

So much research was done and I hate to see it goes to waste.  If you have access to PACER, everything is there for public use.  Best of luck to all fighting the bank now and keep up your spirit.

Excellent work… Keep up the fight all!!!

When I get the documents, I will put em up…

Update:

Added Docket, Second Amended Complaint, Preliminary Injunction Order and Minutes of Judgment Order at;

Link – California Love – Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al.

~

4closureFraud.org

Comments
8 Responses to “California Victory! Court Renders Judgment in Plaintiffs’ Favor Voiding the Deed of Trust Plus Statutory Damages of $16K”
  1. Charles Cox says:

    Remember, if going to Pacer to download documents, it costs money. If you utilize a program called “Recap The Law” and Mozilla FireFox, you can download documents for free if they’ve previously been downloaded using the program. Otherwise, you will still have to pay the $.08 per page but someone else won’t have to if using the program.

  2. mp3rmd729 says:

    To Elyse and anyone else reading this:

    Do you know of any cases in CA re: MERS we can cite in our foreclosure case? We have been told that we cannot cite (sucessfully) some of the recent cases won against MERS in CA or even nationwide because they have not been released for “citation” or something to that effect. We have MERS on the 1st page of our Deed of Trust AND on our Assignment of Deed of Trust. We are fighting our loan servicer (Specialized Loan Servicing LLC), MERS, and U.S. Bank National Association (and 2 other Defendants). US Bank has filed an Unlawful Detainer against us, so we are fighting 2 different (but related) cases against US Bank. The attorney they hired is angry with us right now because he messed up and did not file his answer in time, so we defaulted them. We are still waiting for the judge to approve and sign the default judgment. We are praying that if the judge does what is right, we will win by default…and that our UD will go away. If not, our UD hearing is set for Sept 9th, and if that judge rules against us, we are going to have an appeal on his desk within 72 hours! We are getting mighty close to having this bank evict us from our home, and we need the judge to uphold the default judgment! To win by default on their part is fine by us…at least then we can have time to prove all the fraud that has been perpetrated upon us by the mortgage broker, the title company, the law firms opposing us, our original lender, and the judge (all who are not parties in our present cases, but who have committed multiple acts of fraud concerning this illegal and unlawful foreclosure we are fighting).

    By the way, anyone wanting documents that are believed to be fraudulent, I have 3 docs filed in the county in our own foreclosure case, where “Darren Bronaugh” signed as Vice President of Specialized Loan Servicing, LLC…but in the docs I have found online, he also claims to be VP of MERS, US Bank National Association, and Wahovia Bank NA. I have also seen his name signed as the VP of other Banks online, but at the time did not print out copies and have since forgotten where I had seen them. If you would like me to email you pdf copies of my docs and the ones I have found online with Darren Bronaugh’s name, email me at: mp3rmd729@gmail.com and I will send them to you.

  3. mike maunu says:

    This is great news as we are squaring off with Chase now in San Jose.

  4. Elyse says:

    I would suggest to all who read this to look over their own DEEDS OF TRUST to observe that MERS is near the end of the one sheet document….then if MERS signed any ASSIGNMENT, that will become null & void as MERS has no standing as it is merely a nominee (whatever that even means)…A good explanation is that if Deeds Of Trusts are filed in a County Recorders Office, that does not give the County Recorder any standing with any interest in your property!! That is what MERS is contending…MERS is just a computer data system and has no interest or benefit whatsoever in your property….

    Don’t be fooled, file a lawsuit against any business that is anywhere on any documents on your property!! Including MERS…MERS is actually owned and operated by the Wall Street Banksters and had allowed them to bundle up hundreds of thousands of loans and selling them over and over and over to foreign investors. By doing this process through their MERS computer system, the NOTES have been lost and you can’t buy a car without a “pink slip” so no one can take your home without the NOTE!!!

    File your lawsuit and become a participant in this battle…the more lawsuites filed will give more power back to the People!

    Fight for your rights!!
    Elyse
    elyse@gte.net

    • John says:

      Elyse

      Great post!

      Does the same apply in the 11th circuit? What we keep hearing is they have the original mortgage as it was recorded right away 12 years ago. The original note was not recorded and is nowhere to be found. I requested a statement from American Home Mortgage Servicing (which was not the origianal mortgage company and there have been others since) stating they had the original note and it be notarized. All I got was a copy of a copy and no statement or notary.

      They all stand on all that is needed is the mortgage, not the note.

      I would like to hear others comments on this!

    • Very nice Elyse – thank you! But it doesn’t just end with MERS… even if there is no MERS there still may be issues to deal with on title. For questions or comments hit me up at;

      http://www.foreclosurehamlet.org/profile/stopGOVTwaste

  5. Hooray!!! I eagerly await the docs and info!!! There is hope for the 9th Circuit court after all!!!

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