The Market Ticker – “Here It Comes” (RICO Case Against JP Morgan/Chase)

Now the game gets interesting….

September 2, 2011

(updated post from this morning, as we have literally received a blizzard of telephone calls since this post was first put up today)

Thirty-two Plaintiffs have filed a multi-count Complaint in the Circuit Court for Palm Beach County, Florida against JPMorgan Chase Bank and Chase Home Finance, LLC. The Plaintiffs retained Jeff Barnes, Esq., whose Firm, W. J. Barnes, P.A., filed the action last Friday.

The 29-page Complaint alleges several causes of action including violations of the Florida RICO Act, and requests temporary and permanent injunctive relief on a national level to halt all Chase-related foreclosure activity in the eight (8) separate states in which the Plaintiffs reside. The Complaint alleges a pattern of criminal activity on the part of JPMorgan Chase Bank and Chase Home Finance in connection with the institution of both judicial and non-judicial foreclosures, including but not limited to the filing and recording, in the public records, of forged and fraudulent documents; fraudulent collection activities; intentional misuse of the MERS system; and the intentional misrepresentation, in foreclosures across the United States, that Chase is the “successor in interest” to Washington Mutual Bank when in fact Chase itself has affirmatively represented, in multiple Federal court filings in different states, that it is NOT the successor in interest to WaMu, and only purchased certain defined assets and liabilities from the FDIC as Receiver for WaMu.

The issue here appears to be that JP Morgan has been running around suing people for foreclosure alleging that it is the successor in interest of Washington Mutual (remember WaMu, the bank that got me interested in writing in the first place when they were paying dividends out of capitalized interest?  Yes, them.) when in fact all they acquired was certain defined assets and liabilities on a strict and written schedule from the FDIC.

The FDIC, of course, is the actual “receiver” when a bank fails – they “take it over” and then do whatever – in this case, parcel out the assets and liabilities for whatever they can get.  This was one of those “forced marriage” deals but it appears that Chase did not acquire the firm “in toto”.

‘Ya can’t sue over something you don’t own, basically, or so the allegation is, and yet it is alleged they have and are, repeatedly and knowingly.

Oh boy…..

Incidentally, this is not one of the so-called “mass-joinder” lawsuits; this is a suit filed on behalf of named plaintiffs.  If you’re interested in it contact the actual attorney in question who you can find at the linked item.

View with responses

Guess I will be heading over to the court house tomorrow morning to get the complaint…





16 Responses to ““Here It Comes” (RICO Case Against JP Morgan/Chase) LINDA ZIMMERMAN V JPMORGAN CHASE BANK NA”
  1. What, again, happened to Linda Zimmerman’s case against Chase which seems to have been removed to Federal Court (where the big banks are said to get dismissals easier)? I had to enter this again in part in order to check the box for Notify me of new posts via email – I saw it too late – in addition to Notify me of new comments via email.

  2. What ever happened to Linda Zimmerman’s case vs Chase, which Chase seems to have removed to Federal Court (where the big banks seem to get easy dismissals) ?

  3. I am in the market for an attorney to seek damages done to my business by J.P. Morgan Chase upon the WAMU failure. If anyone knows of one working such cases please have him or her contact me directly here in Boynton Beach, Palm Beach County at (561) 704-0875.
    They cannot get away with what they have done and I’m sure that I’m not the only one.

    Thank You,

    Brad Druckenbrod

  4. Rob Harrington says:

    We wish only the best for our WAMU brothers and sisters involved in this suit!

    “The enemies of our enemies are our friends” Right?

    ALL of us should want to expose the truth about WAMU and JPMorgan Chases’ true relationship as they apply to all of our WAMU foreclosures.

    Good hunting and may all of you be blessed.

    Rob Harrington
    National WAMU Homeowners Support Group

  5. Jim Bethea says:

    I AM LOVING IT ~~ Please if the following elements of fraud are not already included, then the Complaint should/would,could be Amended to add the following violations:
    State & Federal
    “Unfair & Deceptive Trade Practices” — [an act that is unfair or illegal which can be repeated]

    “Constructive Fraud” [ prior knowledge that the contract itself is tainted & voidable yet willfully and knowingly continues to perpertrate the fraud]

    “Check Kiting” — [issuing checks for payments before the customer’s account is actually funded]
    “Constructive Forgery” [ any documents that are robo signed or signed to extract money or illegal gains]

    “Fraud in the Factum” — [enty entry that calls the banks a “lender” & the consumer a “borrower” is fraudulent because the bank is not a lender, only extending a credit from the promissory note given to them – everytime either of these terms are mentioned it is one addition element of fraud – sometimes as many as 20 times within a note ~ each being separate ]

    “Trafficing Unfunded Securities” — [ selling, assigning or transferring any notes that the holder did not fund themselves”

    “Receiving Secret Commissions while acting as an agent to this account” — [ when a promissory note is completed by a bank, the bank endorses this note making it payable to them – deposits it into an account that they will never willingly disclose to the consumer – when the bank sells this note it receives commissions of hypothetical profits of projected interest this note would accrue over the schecule period of the note – but when it is sold, the banks receive a enriched profit at some level of percentage]

    “Unjust Enrichment” — probably any 1st lawyer would have this already included in the Complaint, however, it is better to check behind the attorneys these days…..

    Everything possible should be included in the Complaint and if used any Amended Complaint because the judge wil THROW IT OUT if you wait to mention it after court starts……………

    Just a few of things I use that I thought my be helpful………Good Luck

  6. Ron Moss says:

    May I repeat the praise from the preceeding comments your dedication is very important in keeping this thing from ever happening again. American people should never be subjected to such a violation if their fiducairy trusts.

  7. Ruh roh says:

    Judge Jack Cox to preside over this case…. http://www.palmbeachpost.com/money/real-estate/judge-rules-in-favor-of-so-called-foreclosure-953077.html

    Hmmmm……. food for thought.

  8. matt weidner says:

    I sure would like to know why one would select Palm Beach County to file in….Palm Beach and the 4th DCA are about the most bank friendly in the state….hard to imagine why you would select this environment…

  9. deontos says:

    O P E N L E T T E R T O J E F F B A R N E S

    I have been an avid follower of the website Foreclosure Defense Nationwide for quite awhile and your writings Mr Barnes, your postings quite often inspire hope for an end to this horrible foreclosure quagmire. I believe this case that has just been filed could have extraordinary and wide ranging consequences for homeowners not only in Florida but nationwide. And it is with gratitude that I wish you great success and pray for some salvation in your clients economic lives.

    There is “one more thing”. As this case is now a matter of public record and will be very public very soon and is of GREAT public concern and potential benefit to your clients and non-clients. Please send the COMPLAINT FILE Mr Barnes. Please send the file HERE to 4closurefraud.org or the ‘Hamlet or post it on scribd with an announcement at your FDN website. In the alternative perhaps one of your clients can post it. It needs to be done now, today.

    JP MORGAN will no doubt respond vigorously to this lawsuit and the collective of ALL their “victims” can unite and rally around your clients cause with both public support and as a “brain trust” that may be sorely needed in the battle to come. Hopefully, you will have an opportunity to read and act and save the valuable time and resources of other devoted activists who are clamoring nationwide for access to this seminal complaint that is now a public record.


    • wamuscrewedustoo says:

      BTW, 100,000’s of us would all love to see the actual 29 page complaint. Can somebody post it up on any of the fraudclosurefighter sites. We have lots of help to get the complaint, a public record, viral.

  10. Litgant says:

    Sir, you are a great American. Thank you for staying in the fight. Many would have long ago quit. They do not have your clear head. They do not really care about others. As soon as their problem is fixed they go away silent for ever. Or as soon as they let their house go and surrender, they go away into perpetual silence. They do not care any more about those still struggling. But Sir, you have stayed on task. You and Lisa have been great defenders of the American dream. You have tried to wake up American and stop the nightmare. You have pointed out the crimes, the fraud, the sell-out AGs, and the miscreants. I do not post all that often. But this mail-out you sent to me, gives me hope that the courts will grant the people relief from the crimes and fraud of the big banks. God bless you. You should think of going to law school.

    • Judith McDonald says:


    • Linda says:

      I totally agree Litgant, this website has given me first knowledge, then hope and drive to survive in my home for 4 years without legal representation. I know how to proceed with the great up-to-the-minute reporting from this website. Excellent job!

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