And the Infighting Continues | Chase Demands Ben-Ezra & Katz Turn Over Foreclosure Files

Chase demands Ben-Ezra & Katz turn over foreclosure files

By Christine Stapleton
Palm Beach Post Staff Writer

Chase Home Finance has filed a federal lawsuit against its former legal counsel, Ben-Ezra & Katz, accusing the firm of refusing to hand over foreclosure case files that contain over $400 million worth of original notes and mortgages “without which Chase will be unable to proceed with any of the pending cases.”

In the 11-page lawsuit filed Friday in federal court in Fort Lauderdale, Chase asked for a temporary restraining order and permanent injunction ordering the firm to return the files and pay Chase an unspecified amount of damages.

During its two-year contract with Chase, the law firm handled thousands of foreclosures throughout the state. According to the lawsuit, the contract requires the firm to immediately transfer case files when the contract ends. Chase has made “repeated demands” for its files but “Ben-Ezra has not returned or released any of the Chase files.”

“Ben-Ezra refuses to release the Chase Files because it claims that it is owed over $5 million in fees and costs,” according to the lawsuit. Although Chase disputes the amount it owes the firm, it has offered to post a $2.8 million bond as security.

“Without the Chase files, especially the original executed promissory notes and mortgages, Chase cannot proceed with, transfer, or conclude any of the cases,” according to the lawsuit. “Moreover, the original, executed promissory notes and mortgages securing Chase’s interests cannot be reproduced.”

Rest of the report here…

Really? Original notes can not be reproduced? Maybe they should call the Florida Default Law Group (again). They know how to reproduce original notes…

What makes it more ironic is Chase is the Plaintiff in the duel note case…

Regardless, you have to love the drama…


11 Responses to “And the Infighting Continues | Chase Demands Ben-Ezra & Katz Turn Over Foreclosure Files”
  1. Imanda Waldon says:

    I hope that the attorneys holding these files will not release them until corruption and decepitive practices are exposed. The attorneys hopefully will start coming forward with practices and regulations that are dictated by the banks and Freddie and Fannie. Until one of the foreclosure mills set the greed aside, start talking and stop implementing procedures that personelly makes them sick, the Banks will not change. Come on Foreclosure Mills………get on board………help your neighbor, help your county, help the government to implement news laws and mortgage contracts that can be understood by simple, hard working american people and change the practices that a mortgage can actually be paid off much sooner than 30 years. You can finance and pay off a new vecihle in 5 years. Come on Folks……………….Come on Foreclosure Mills…………lets work together to make a better place to live. (Been fighting CitiMortgage since April 2005.)

  2. Flex says:

    This is not only a great drama, but I like Chase against Katz. Or shall we said, the rats chasing the katz.
    Couldn’t be happening to better or nicer people in the middle of this feud. Who could have ever imagined that their plan of getting millions of homes by illegally forging every document, and signatures, would turn out to be like this?
    I only hope that Ben Ezra & Katz take their sweet time to comply and better yet, this case could take years in court if they really want to because both have the knowledge to prolong it as long as one would not settle for less.
    TRO and injuction, what can they accomplish with a temporary restraining order. Don’t they realize that temporary is only temporary. It will get them nothing.
    What ever happened to Fannie Mae law suit against Ben Ezra & Katz for the same files? Now Chase came out of the closet claiming ownership, Humm. Don’t you love it when Chase claims they can not proceed with the foreclosure because of the Original Notes? Better yet, they can not get the assignment of the note and transfer of the titles. Isn’t this amazing that Chase is actually admitting what it takes legally to proceed with a foreclosure, if they don’t have the original notes and transfer of the titles?
    Hope all the Judges are listening and how about the Attorneys representing the banksters? Listen up fellows of the world of justice, you can not longer sign Affidavits without knowing the exact amount being charged and the Original of the Notes and the register of the assignment or transfer of the note for a clear title.
    Ooops! I guess this one was not taught at the first year of law school.
    Let’s go back and a few pro-bono cases and learn our lessons again. what do you think, good old boys?
    I think you will like this one. A client went to the county records and found out that the servicer she is paying her mortgage for the last year is not registered with her note. Turned out that Downey Savings sold many of their notes to US Bank and US Bank sold those notes to Ocwen. Unfortunatley for US Bank and Ocwen never recorded the assignment or the transfer of those notes creating a cloud in the chain of title.
    So I asked the client, If the county records only shows Downey Savings in the records of her note, does this means all the payments she had been making to Ocwen for the last year could be vanished since Ocwen does not own the debt and does not have the Original Note, or the transfer of the note, or even the assignment of the note. Did you hear lately that servicers don’t know how much debt the homeowners owe?
    Is this why they don’t own the debt in first place and most of them don’t keep track of payments and don’t have good records?
    Let’s imagine for a minute, millions of homeowners in America are paying their mortgages to a servicer every month without knowing if those servicers own the debt, keep good records of their payments, and best of all, they don’t ever bother to record or transfer the assignment of the note in their names in the county records.
    Huummm! Very interesting! Well, how would you feel after paying your mortgage for 30 years, you find out that the servicer does not have the title to convey to you? What will you do then? Would it be too late to look for a lawyer? What would be better for you right now? Go to the county records and find out what the register says or find out later that you don’t own your home free and clear and that you had thrown your money away for 30 years?
    Hope for those who are reading this post, get smart and go to the county records and check the chain of title of their mortgage. Let me ask you this, Do you know how many times your note had been sold in Wall St through Securitization?
    God Bless You if you own your home before 1997. God Bless America for all of those who purchased homes after 1997 and without any knowledge or disclosure of who MERS, SECURITIZATION, CDO, RMBS, CDS, PSA, and many other slangs that we don’t know or understand, we are losing our homes by the millions.
    What is worse these practices still continue in the financial sector in America today.
    Are you ready for the next bubble, the FHA bubble? or Are we ever going to learn not to repeat our and their mistakes again. Do you know that Derivatives are a trillion dollars every day business at Wall St and the opposition is fighting in congress so it does not get Regulated?
    America is not longer the land of the free and home of the brave. America is the land of the greed and home of the rape.

  3. Equity Free says:

    “Without the Chase files, especially the original executed promissory notes and mortgages, Chase cannot proceed with, transfer, or conclude any of the cases,” according to the lawsuit. “Moreover, the original, executed promissory notes and mortgages securing Chase’s interests cannot be reproduced.” .
    The majority of foreclosures have lost note affidavits in the court records . I guess that Chase wants the fraudulent liar loans and supporting documents out of sight of the SEC and others who are investigating . Ben Ezra & Co. is simply demanding more …..Rats R Rats

  4. housemanrob says:

    Chase is doing a saloon dance with the bullets flying at it’s feet!

  5. 1ofthemany says:

    This is fitting as Chase should be well versed with the fact that they (Chase) should – fax/mail/request/certify/file suit and request/beg/cry/beat their head against the wall again and again and again, I do hope this cause them some pain although they will not loose their home, life, family or any of the cherished parts of their life as their bonuses are abounding however, it would be laughable if they (Chase) lost ALL documents from this firm as they have not had many if any of the original documents on most homes they (Chase) foreclosed on. I find this very entertaining for a change. Would love to see more of this and soon.

    • pamelag says:

      and i hope Ezra puts them on “hold” for two hours, then hang up on ’em, then lie @$. or say ‘we never received your paperwork and you ask one more question and i’ll hang up.” or send me your request. hahahaha

  6. Pamela says:

    Sounds like a KATZ fight to me!!!

  7. In the immortal words of Animal House…

    “The question isn’t if, we took a few liberties with a few of our female guests, we did!”

    and of course…

    “Was it over when the German’s Bombed Pearl Harbor?”

    Hell no, so what are you going to do about it now? Educate and defend yourself…

    American Homeowner


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