KABOOM | COURSEN vs JP MORGAN CHASE et al – Defendant Fidelity National Information Services, Inc.’s Motion to Dismiss is Denied

 COURSEN vs JP MORGAN CHASE

This just in…

THIS CA– USE comes before the Court on Defendant Fidelity National Information Services, Inc.’s (“FNIS”) Motion to Dismiss Plaintiff’s First Amended Complaint and Plaintiff’s Response in Opposition.1 FNIS moves to dismiss Plaintiff’s First Amended Complaint, pursuant to Rule 12(b)(6), Federal Rule of Civil Procedure, on grounds that each of her claims fails to state a claim on which relief can be granted. After careful consideration of the parties’ submissions, together with the well-pleaded allegations of Plaintiff’s First Amended Complaint, the Court concludes the motion is due to be denied.

Judge denied FNIS motion to dismiss in Coursen!!  All woman asked for was for an apology, her attorney fees (about 10G), and a promise not to do such things again so no other persons would have to go through what she went through.   UGH  Crazy, how they continue to ignore people’s rights.  Anyway, here are the potential ramifications if they can prove case in discovery…

  1. Judgments from fraudulent foreclosures conducted in the past may be collaterally attacked in Federal Court under RICO, Civil Conspiracy, Deceptive Trade Practices Act, Fair Debt Collection and open up possibility of treble damages;
  2. The filing of a prior bankruptcy does not preclude suing those who did not appear in the bankruptcy and participated in the fraud in the state court action;
  3. Back office operations sending collection notices and assisting in foreclosure such as LPS, Prommis, Fidelity etc. may be attacked and held liable under Fair Debt Collection Practices Act;
  4. Litigation privilege is not a bar and shelter; AND
  5. Rooker-Feldman does not apply when arguing extrinsic fraud upon the Court!!!

In essence, if you create, fabricate, and forge documents and affidavits as well as account statements etc. to foreclose, you are subject to a collateral attack for extrinsic fraud upon the Court!

While this only defeated 12 b6 motions to dismiss, it opens the door for extensive discovery and e-discovery to see who all the parties are and their relationships; who had the note or notes on the book and if they were double pledged; if Fannie is being victimized and defrauded by members of the “American Collection & Foreclosure Enterprise™”; and who exactly is calling the shots and making the decisions.

Case was filed in state court where Nye provided a 280 page affidavit and exhibits in support of motion to vacate judgment for fraud on Court that was denied.  Woman is out of home.  Property is vacant.

Parties who have been held in on the case so far…

Fannie Mae, JPMorgan Chase & Co., JPMorgan Chase N.A. individually and as successor to WaMu; Fidelity National Financial, Lender Processing Services (LPS) and Fidelity National Information System..

Copy of the order below…

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4closureFraud.org

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COURSEN vs JP MORGAN CHASE et al

Comments
5 Responses to “KABOOM | COURSEN vs JP MORGAN CHASE et al – Defendant Fidelity National Information Services, Inc.’s Motion to Dismiss is Denied”
  1. Now having run wild and free, JPMorgan Chase has used forged documents and false representations to cover their own admitted error in a Trust case! The audacity is typical for big banks with big bucks! I will fight this down to my last $!

  2. Stupendous Man - Defender of Liberty, Foe of Tyranny says:

    Kicking ass and taking names.

  3. Bobbi Swann says:

    Who is the attorney of record for Elizabeth? It does not divulge it in the entry….????? She has a lot fo discovery to do, if not already done so. Michael, I hope you keep us apprised of this suit for those of us still fighting in Florida.

  4. Bill says:

    Somehow or other, when I HAD my Condo in Maricopa, Mesa, Az.; The “Capital Title” outfit, where I signed in PINAL COunty (?) got morphed over to Fidelity national Title Insurance. I have believed there was something up with the whole “Fidelity” enterprise ever since. This was in 2009 I think.

  5. Faith says:

    Thank you Elizabeth for fighting so hard and so long. Your are an inspiration.

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