KABOOM – PAUL NGUYEN v. CHASE BANK – Deed of Trust Voided, Promissory Note Rescinded, Absolute Victory

You all remember Paul Nguyen in California right???

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

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.

Paul Nguyen

Well then check this out…

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

PAUL NGUYEN, et al.,

Plaintiff,

v.

CHASE BANK USA, N.A., et al.,

Defendants.

CASE NO. CV09-4589-AHM (AJWx)
ORDER OF DEFAULT JUDGMENT AND
OTHER EQUITABLE RELIEF
AGAINST CHASE BANK USA, N.A
.;

AND CHASE HOME FINANCE, LLC
AND,
JUDGMENT AGAINST FIRST
AMERICAN
LOANSTAR TRUSTEE SERVICES, LLC.


IT IS THEREFORE ORDERED that the Deed of Trust recorded with Orange County Recorder as instrument No. 2007000731120 on 12/12/2007 is wholly voided as to plaintiff Laura Nguyen.

IT IS FURTHER ORDERED that Defendant First American Loanstar Trustee Services record a DEED OF RECONVEYANCE to reconvey unto Plaintiffs thereto all right, title and interest which was heretofore acquired by First American Loanstar Trustee Services under deed of trust recorded with Orange County Recorder as instrument No. 2007000731120 on 12/12/2007.

IT IS FURTHER ORDERED that all adverse claims against property known as 16141 Quartz Street, Westminster, CA 92683 are quieted. The legal description of said property is: LOT 44 TRACT NO. 8977, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 369, PAGE(S) 46 AND 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel No.: 107-903-44.

IT IS FURTHER ORDERED that the Promissory Note dated 12/12/2007 executed by Plaintiff Paul Nguyen in favor of Chase Bank USA, N.A. rescinded pursuant to 15 U.S.C. §1635(i).

IT IS FURTHER ORDERED that pursuant to 15 U.S.C. §1635(b), Plaintiffs had made offer to tender the loan evidenced by promissory note dated 12/12/2007 and Defendant Chase Bank USA, N.A. did not take possession within 20 days after tender by the Plaintiffs. Therefore, ownership of the loan proceed is vested in the Plaintiffs without obligation on their part to pay for it.

IT IS FURTHER ORDERED that Defendant Chase Bank USA, N.A. within 20 days after entry of judgment shall return to the Plaintiffs any money or property given as earnest money, down payment, or otherwise pursuant to 15 U.S.C. §1635(b).

IT IS FURTHER ORDERED that Plaintiffs are awarded their costs of suit, to be paid by Defendants Chase Bank USA, N.A. and Chase Home Finance, LLC, in an amount to be determined by the Clerk of the Court. DATED: September 15, 2010

~

Comments
25 Responses to “KABOOM – PAUL NGUYEN v. CHASE BANK – Deed of Trust Voided, Promissory Note Rescinded, Absolute Victory”
  1. Landon thomas says:

    Paul please call. I’m facing eviction soon. I’ve been run through the mud from green tree and ditech in so many ways. “Original lender was boa”. I’ve spent loads of money on atty. And still here I am.. please call me asap. 530 5987615 landon. please don’t use email to send info.

  2. Jimmy Anderson says:

    Obviously – he is not a lawyer. He is representing himself, Pro Se, in court. If he were a lawyer, it would clearly be identified on the original filing.

    • Markus says:

      Actually I went to Global Capital Law at the address Nikki gave down below and spoke with Paul Nguyen and Brian Davies about my case. They told me that Paul was a Harvard Law school graduate. I was even given a business card with Paul’s name on it as ‘Attorney at Law.”

      After givng them alot of money to save my house I found out that the Orange County DA’s office was investigating Paul Nguyen for practicing law without a license and fraud. The Senior Attorney, Gary Harre, even got disbarred for being partners with Paul. Obviously their office was closed and I lost my money and had to find a real attorney.

      Paul Nguyen is a liar, thief and cheat!

  3. Nikki says:

    I heard that Paul Nguyen opened up his own law firm in Fountain Valley, CA called Global Capital Law, does anyone know if this is true???

    • LEN LICHTER says:

      PAUL IS NOT AN ATTORNEY IN CALIF BY HIS OWN ADMISSION UN COURT

      • LEN LICHTER says:

        IF THIS IS THE SAME PAUL NRUYEN THAT WAS IN COURT WITH ME HE IS NOT A LI8CENSED AYYORNEY IN CALIF PER HIS ADMISSION

      • Nikki says:

        When was he in court with you? Cuz I was able to track down the phone number and called the office and asked for Attorney Paul Nguyen. I didn’t get to talk with him, but I left a message. No one told me on the phone he wasn’t an attorney. I am so confused now.

      • Nikki says:

        Len – Is your Paul Nguyen the same Paul Nguyen that works at Global Capital Law?

    • Nikki says:

      Paul Nguyen has opened a law firm it is:

      Global Capital Law, PC
      8700 Warner Ave., Suite 200
      Fountain Valley, CA 92708
      Tel: 714-907-4182
      Fax: 714-907-4175
      Email: GlobalCapitalLaw@gmail.com

      If Paul has his own law firm, he must be an attorney, right?

  4. This case is up on appeal in the 9th Circuit. A Tila rescission argument must be made within the 3 year statute of limitations when the notice of cancellation is blank or incomplete on the loan documents. A better argument would be Constitutional Standing. A better venue choice would be bankruptcy court because the automatic stay is envoked upon filing, which stops the foreclosure proceeding.

  5. Lenny says:

    Hello ! I think I know you. I am a seminar junky……
    I had the same situation with CHASE. They approved the loan mod, but they did no reduce the principal and on the contrary they add all the arrears or back payments to the loan. The mortgage went from $180K to $201K. They reduced the interest only. The problem is that the house is outside down. It is worth only $85K for current comps and appraisal. This is great, congratulations. ASre you a lawyer?
    Pleasemlet me know the basis for your case, or let me know the name and phone number of your lawyer if you don’t mind. So far I have a new 30 years, ARM mortgage, 5 years revolving. So I am not happy and eventually, I have to fight with them again.

    Thanks for sharing your victory with everybody.

  6. Jan says:

    Great job, it is about time that someone is able to bring to chase to reality. They foreclosed my home a year ago and it was horrible what they did. They promised me a loan modification, approved it and in return said I did not send them a document in which I can prove that I faxed to them, but instead after a year of waiting for them they made me start all over again, but told me for a year not to pay my payments. the ended up foreclosing me anyway with the same excuse. I am know fighting another lender who dated my deed of trust and my promissory note in correct. Way to go Mr. nyguen. Was your case based on the accuracy of the deed of trust and the promissory note.
    Thank you

  7. Cecilia says:

    Paul, can you please give us the name of your lawyer, if you had one. And where can we find a copy of the original complaint you filed? Thank you!

  8. Gene Espinosa says:

    This is like winning a jackpot in casino. I understand you seek help to get this case in true perspective. Please let me know how you did the process in winning it. Share us your good experiences on how to deal with this matter as there are huge number of people who were hit with this foreclosure tsunami. I am current with my mortgage payments, can someone help me do what you did? Please give me your advice.

    Seriously longing to be helped.

    Gene

  9. John Souza, Jr. says:

    Congrats Mr. Nguyen.

    I am putting together my own case and need to know what elements, causes of action, etc. you used to make this case.

    And and all info would be greatly appreciated as we are facing eviction in the next few months.

    Regards,

    John

  10. Erben says:

    Paul did you use a lawyer? Can I have his name and number?

  11. Paul Nguyen says:

    Barry, they did not default. It was the Court who found defendants in default. Chase violated the court order so many times in trying to foreclose the property. If you looked at the docket, I had to bring 4 OSC re contempt against the bank. Most people would let it go but at the end, these marks will work against the defendants; especially their total disregard of the judge’s own order.

    • Anna says:

      Way to go Paul!!! Please contact me! I would like to talk to you!
      I am upside down over 600k and have been approved then denied for the last 3 years – with Wamu/Chase NEG AM
      I need your help.

  12. Congradulations to you Paul, Iam in a criminal motrgage, it is a 5 yr option arm negative principal, i am in 53rd month and started out with 200.000 balance in jan 2006 and is now at 221.000 now in sept 2010 it will baloon in feb 2011, and i am underwater about 75000, is ther really a mod bthat would work for me. thanks, Rich in ft myers fl.

  13. Barry says:

    Why did they default?

  14. Bunnydoo says:

    Kaboom is right! Way to go, Paul! What was the violation that won the day for you?

  15. Steve says:

    Congratulations! This is a very inspiring story, indeed!!

    Best,

    Steve

  16. Willow says:

    OMG! Congratulations Mr. Nguyen! You are my hero! How did you do that? Is your story somewhere on this site or on another site? Please furnish any links you may have as I’d like to find out what you did. Good show! I’m so happy you sent those bastards packing!!

Trackbacks
Check out what others are saying...
  1. […] 4closurefraud.org/2010/09/17/kaboom-p… […]



Leave a Reply