SEATTLE, WA March 18, 2011 (GlobeNewswire) — Attorney Advertising. Keller Rohrback L.L.P. (www.krclassaction.com) announces that a class action has been filed in the United States District Court for the Southern District of California on behalf of all mortgagors in the State of California whose home mortgage loans are serviced by Chase Home Finance LLC or JPMorgan Chase Bank (“Chase”) and who (a) have attempted to obtain permanent loan modifications from Chase through the Home Affordable Modification Program (“HAMP”) or similar loan modification programs; and (b) have made payments pursuant to a HAMP Trial Period Plan (“TPP”) or any other similar temporary modification agreement offered by Chase.
The complaint alleges that Chase engaged in bad faith with respect to mortgage loan modification negotiations by leading mortgagors to believe that Chase would permanently modify their mortgage loans upon successful completion of HAMP TPPs or other temporary payment plans. Chase allegedly instructed mortgagors to stop making mortgage payments under the false pretense that doing so would not hurt their credit scores and was necessary for them to attain a loan modification. Even after mortgagors followed Chase’s instructions, however, Chase allegedly imposed artificial obstacles to obtaining a permanent modification, by, among other things, repeatedly requesting duplicative financial information and needlessly delaying the loan modification process. The complaint also alleges that Chase proceeded with the foreclosure process based on mortgagors’ failure to meet impossible and shifting demands, charged unreasonable fees, and failed to properly apply payments or keep accurate records. The complaint has been filed pursuant to the California Unfair Competition Law and the Rosenthal Fair Debt Collection Practices Act, and contains a variety of additional common law claims.
Keller Rohrback is also investigating the mortgage loan modification practices of the following mortgage loan servicers:
- American Home Mortgage Servicing, Inc.
- GMAC Mortgage, Inc.
- EMC Mortgage Corporation
- Litton Loan Servicing LP
- Nationstar Mortgage LLC
- SunTrust Mortgage, Inc.
If your home mortgage loan is or was serviced by Chase or any of the above-listed servicers, if your house was sold in a foreclosure sale after you tried to have your loan modified, if you have questions regarding these matters, or if you have information about these servicers’ loan modification practices, please contact paralegal Nick Wallace or attorneys Gretchen Obrist or Lynn Sarko at 800.776.6044 or via email at info@kellerrohrback.com.
Keller Rohrback, with offices in Seattle, Phoenix, and New York, is one of America’s leading law firms handling ERISA litigation and related fiduciary breach claims. We are committed to helping individuals protect their savings and other benefits. Keller Rohrback has successfully provided class action representation for over a decade. Its litigators have obtained judgments and settlements on behalf of clients in excess of seven billion dollars.
Attorney Advertising. Prior Results Do Not Guarantee A Similar Outcome.
CONTACT:
Keller Rohrback L.L.P.
Nick Wallace, Paralegal
(800) 776-6044
info@kellerrohrback.com
www.krclassaction.com
SOURCE: www.krclassaction.com
Full complaint below…
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4closureFraud.org
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I am in foreclosure by Chase Bank and I used my GI Bill for the loan and Chase had me doing the loan modification paper work over and over again the same papers to the point I just gave up knowing chase had NO intention of ever loaning out any of the 25 billion tax dollars they were given to make loan modification. I would like to get my name on the class action suite!!! I’m in PA
Hi..I am currently involved in a class action suit against Chase in New
York. The attorney representing us is looking for more plaintiff’s. If you live in NY and are in a trial payment plan and were denied a HAMP modification please contact
Lewis B. Oliver, Jr.
Oliver & Oliver
Attorneys at Law
156 Madison Avenue
Albany, NY 12202
(518) 463-7962
I have been dealing with AHM since October of 2010-yes ONE YEAR next month. I stopped them in their tracks when I complained to the Attorney General, my Congressman Ron Paul, and Fannie Mae. They stopped calling me, sending me foreclosure notices, and I have actually stopped paying them for 9 months on October the 1st. It’s like everything was put on hold. The Attorney General sued AHM in August of 2010 and won. Print out the transcript I’ll bet you’ll be like me and see they are doing to you what they were already sued for. Complain! Attorney General, Congressman, and the agency responsible for your loan. Just call AHM and ask them who holds your loan. AHM is only the facilitator of your loan! Fannie Mae, Fannie Mac FHA etc. holds your original loan.
In TX Attorney General Greg Abbott. http://www.oag.state.tx.us. Ron Paul. http://paul.house.gov. Make them tell you why AHM doesn’t have to obey the law like you do. Then call your facilitator and ask them. When you “google” American Home Mortgage Complaints, There are 1 million, 580 thousand responses. News footage, class actions, and average people like you and me that can’t understand how this could happen in America. AHM is STEALING our homes and the government doesn’t seem to notice.
They have been sued and been sued again. Reported by the news and still even the Attorney General can’t stop them. AHM is still doing what they have always done with no repercussions and totally unafraid of anybody. Totally unafraid to keep taking American’s homes at will. Can they be stopped? Government can’t. Who can?
It is too bad that most people in this country have no idea what is going on and the small percentage that do, think it doesn’t effect them. In the last two years the Federal Reserve load out 9 Trillion Dollars to 7 Banks.
http://money.cnn.com/2010/12/01/news/economy/fed_reserve_data_release/index.htm
For one, where did they get the money to loan out? For two, was it delivered by truck? Three, why did these banks need the money?
One and two they get money out of thin air, the cause of inflation. Three, why did the banks need the money everyone knows they didn’t make loans with the money. They are not losing money on foreclosures, in fact they are making billions on foreclosures. Fannie and Freddie (taxpayers) are buying all the toxic mortgages. What is going to take for people the wake up? There is so much going on in our government and politicians that could be fixed if people would simply wake up. I guess, when it costs $12.00 for a loft of bread they will finally figure out something is wrong.
Hi I woul really love to get involved in on a class action suit, I started a modification with Chase in the summer of 2009 which I made every payment during that time from August – January of 2010 a collections representative contacted me mid February and set up payment arrangements due to the fact that I was denied the loan mod. so I then paid about $700 and she stated that the remaining balance that was owed would be attached to my principle when i went to make the payment someone from the forebarance department put me on this plan where I had to make a huge down payment and pay $120 extra to my monthly mortgage amount until I came up with a settlement amount after getting several individuals involved (the congressman and an attorney) they reversed my chargeoff but still DID NOT put any of my payments towards my loan and it showed up on Chase’s payment history of my account that all my payments went to corp. advances. The excutive office of Chase contacted me and my attorney and told me to begin another modification process in October 2010 and from there is when the forbereance department got it again and charged my loan off again and then added an extra 10,000 I have proof to show that they sent my payment back once to where I had to send it again totaling in about $800. My attorney advised me to put my mortgage payments in escrow until we figure out what is going on due to the fact that they had sent that payment back and to my understanding the forebance department is asking for 12,000 to buy the home???
Chase is extremely evil. They don’t settle neither. I tried, they won’t take 1 penny less !
I have 2 commercial properties in California with JP Morgan Chase.
1 property was 3 mths delinquent as of end of February. On March 22, I received a Notice from California Reconveyance, a collector for Chase (I believe it is a Chase division) that I owe $23K which includes the 4th mth, March. So on March 30th, I spoke to the Special Credits Group VP, offered to pay $23K. She told me that on March 24, they were allowed Receivership by the court on a Ex Parte filing, I was never served. They refused to take only $23K but they needed time to give me payoff. I asked for a payoff urgently, so that I could drive the funds to Irvine, CA to cure the default before April 1, to avoid the receiver’s taking control of the rental income. It sounds like they already took control of the property in March. The court allowed a temporary restraining order against the owner or manager. I also found out that the receiver’s property management company (owned by receiver), forced open 1 of my units in March, even before rent is due and argued like “getto” with another tenant to let them into her unit for inspection. They also bullied other bldg’s tenants who used this bldg’s parking space.
March 31 at 5pm, Chase gave me a payoff of $38K which now includes 5 mths including April ($21K) and $17K of legal fees including receivership and interest on default. Of course I can’t come up with such higher cash at 5pm and deliver to Irvine at the same time from Los Angeles, so I was forced to file an emergency Chapter 13 that same day. Took an urgent credit counseling online, etc.
2 weeks after, April 12, Chase provided me with the new payoff of $47K with the reason that more legal fees are being incurred now that BK resulted in more work for Chase’ legal counsels. Chase also charged $2000 of environmetnal fees explaining that they need to inspect the property for any kind of PHASE 1 hazards.
Additionally, the 2nd property with Chase was delinquent for 1 month in March and now April is due as well. On March 31, payoff is only $4000 plus add April, $8000. April 12, Chase’s reinstatement is now $9300, adding interest on delinquencies.
Are all these fees legal? My BK atty asked what I did to upset someone at Chase. Hard money investor said that this is unheard of in their 30 yrs of experience. It seems premature to do a receivership within 4 mths of default. And, continue to accrue interest on default $ during BK proceedings. Therefore, at this point, I expect another set of legal fees & interest to be added by the time I raise funds to stop this bleeding, before I could even file charges against Chase. Filing a civil case now will increase my legal fees at Chase for sure.
My option : 1. PAY someone –
A. Pay Chase their usury fees or
B. Pay legal counsels 1. to process BK and 2. civil complaints against harsh and unreasonable charges by Chase
This is what I think is really happening. I base this upon my own personal experience as well as being a former Realtor and pre-law student. Ultimately, NO ONE is going to get a real loan modification because it is all a scam. We happen to have Chase Home Mortgage also, and I have read story upon story from one homeowner after another about the way these banks are abusing people. The stories are the same and I can identify with everything that others have said. The banksters’ ultimate goal is to take your house. THEY WILL FORECLOSE. Make NO mistake about that. You WILL lose your home. Bottom line.
Why?
Because when the banks got all that bailout money, that gave the Feds the right to stick their nose in the banksters business. Banksters are common thieves (the ONLY difference is they dress nicer and don’t sneak into your home in the middle of the night).
The banks want the Feds out of their business so they say they are going to pay back the bailout money to get the Feds off their backs. HOWEVER, rather than actually paying back the billions in bailout money (our taxpayer dollars mind you) they are forcing everyone who is upside down and behind into foreclosure. Banks almost always buy the/your houses back at the foreclosure sales. Then they write the difference off (as losses) on their taxes. Thus, they are technically “paying back” the bailout money but not out a single dime and, they get to keep the houses too and resell them and make even more money over the life of the new loan. They get to have their cake, keep it, and eat it too. This is who the American homeowner is dealing with.
HOW are they getting away with doing this and why are they telling people to PURPOSELY NOT make XX payments prior to filing for a modification? The answer lies in the mortgage paperwork itself. Almost all mortgages have a clause in them called a “Power of Sale” provision. Read it! It plainly states that in the event of your default (ie., you get behind), the lender has the right to foreclose and NO OBLIGATION to enter into ANY modification program or accept anything other than what was originally agreed to. The banks are literally setting people up like dominoes. Just look around. Right now 4 out of 10 homes are either vacant or in foreclosure-that’s nearly HALF! The Banks have ZERO intention of letting you keep your home. It is a complete scam with the full blessing of our elected officials who work so hard for us (cough). Once you are behind, there appears to be no accountability as to what happens to any/all payments you make to them from what I am seeing and hearing. There are major discrepancies in escrows. My educated guess is that the banks are pocketing whatever you do send them so you might as well burn the money.
Bottom line? Don’t get behind. In this economy though, I know for most people that is or has been impossible. If you have been or you are in arrears/trial loan modification, etc., REALIZE NOW that they ARE GOING to take your house-it is only a matter of time, a question of WHEN, NOT “IF”. If you are behind, stay in your home as long as you can, drag the process out as long as possible, realize you will most likely have to file bankruptcy because they will also try and come after you for the difference in what you owed and what the home actually sold for. Watch your respective County recorder’s office for the foreclosure sale date. They are REQUIRED to record that PRIOR to the sale. On the day BEFORE the sale, file your bankruptcy. It isn’t the end of the world. Rather, it is a new beginning. While you remain in your home DO NOT SEND THE BANK ONE CENT! Save ALL of your money and sell off anything you don’t need so that you can find another home when they stick a note on your door telling you that your home has been sold from underneath you. This is the inevitable. It is awful and scary and atrocious-but this is the reality of what is going on. I have yet to hear of a single loan modification that worked out in the homeowners favor. Google the banks and foreclosures and complaints and you will see the same scenarios being played out over and again and all have the SAME end result-FORECLOSURE! It is doubtful that the government or the AG’s will help. ALL the complaining is falling on deaf ears. Banks are powerful because they have money (our stolen money) and money is power. Class actions are good but they are only as good as the judge who handles the case and Judges can be and are bought and sold all day long for the right price. Bottom line, SAVE YOUR MONEY! Give these criminal enterprises (banks) a taste of their own medicine. Play along – but send them no money and drag out the process of foreclosure as long as possible. Two can play at their game. But realize that ultimately you WILL lose your home so you best prepare yourself whilst you have the time. Don’t pay these bastards ANYTHING no matter what empty promises they offer. They are lying and yes, still stealing and they will stop at nothing to steal your home right out from under you.
I am waiting for the IRS to come down on the REMICS and investors. If your home is foreclosed on at the action of these parties, they are no longer passive, and therefore, no longer TAX EXEMPT. I think that the government may be setting up these parties as well. Only time will tell.
The Paralegal called back today. The actual case is in Federal Court of California.
The firms looking for similar harms.
Nick Wallace stated that there is no fee to join this class action lawsuit.
206-623-1900.
nwallace@kellerrohrback.com
Keller Rohrback L.L.P.
Nick Wallace, Paralegal
(800) 776-6044
info@kellerrohrback.com
http://www.krclassaction.com
SOURCE: http://www.krclassaction.com
For over 85 years, Keller Rohrback has successfully represented business and consumer clients against America’s top corporations.
In short and first of all I want to praise you people for your work I have been waiting 2 years for this. I owned 4 properties before filing chapter7. One was a water front located at 6410 Riverland Dr. Fort Pierce, Fla. 34982. I have been to the Ma. Attorney General Office 2 times, I believe they are waned to stay away from these cases and won’t take it. Banks may owe me for the house in Fla. I don’t know it was appraised at 650,000.00 at one time and auctioned for 93,000.00. I do know I have a case in Mass. a first year law student could win against 10 top US attorneys. This case is worth a lot of money but most of all, I want my life back. One of my houses in Ma. has been auction twice and still no one has move in. That is how bad the banks messed up the paper work. I want to sue them by jury for triple damages and can’t find a Ma. attorney. Are you license or know of Ma. you could work with. There are 3 banks evolved and I am sure without a doubt that a jury would be very hard on them, very. There after, there will be a lot of out of court settlements which is what I really want to see happen. I want them to start putting some of the back in to the economy. You can also call me if you like. Thank You Henry
Henry,
I live in MA. Shoot me an email tbryant80@comcast.net
I just sent them my info in regards to Litton falsifying the closing docs of the sellers, as part of my mortgage nightmare. Just in case anyone sees these names
I didn’t get to finish…fast fingers I guess…LOL. ……DEBBIE THAYER……ROBERT TOMPKINS…………………Do not work for MERS or Full Spectrum Lending. They are both employees of Litton Loan Servicing. Also, as part of my experience, if you see any “MERS” doc, and at the bottom where it says “holders address”, it should not say Flint, MI. That is actually the address for MERS. Since we all know MERS never holds anything, it is a good clue to start reading the rest of your docs more closely. Chances are, an investor who is not named, holds the note, or the note is no longer available.
We are currently fighting Chase Mortgage as our servicer. We have legal counsel. We have been successful in stopping twelve foreclosures. Now our last effort is chapter 13. But we feel we don’t to go that route because of all the fraud we discovered, after having two forensic audits confirming 15 TILA violations. Is it possible to sue for “Quite Title” and damages?
Respectfully
Messrs. Charles Fetters & Eric Shockley
To attempt a quiet title claim, you must show that you were the last one with “good title” to the house. If the previous owners had MERS involved at all, chances are you may be fighting an uphill, costly battle. Who holds the note on the house? I would say if it is a trust, that you go after the trust / trustee themselves. There are specific guidelines required for a trust to maintain its tax-exempt status as such. If you went after the trust, and could prove that it is not a trust by law, the entire security would be in jeopardy.
That is something to discuss with your attorney. I have a saying for the Trusts and Trustees of MBSs…..if you want to kill a snake, you have to cut off its head. Directing your claims in that direction will shut Chase right up.
I went and did some of my own snooping around in regards to the trust that supposedly has interest in my commercial property. What I found was the Great Lakes Trust Co. is now hiding with the failed bank who defrauded me in an UNSECURED, NOT FDIC INSURED trust (clearly stated on their webpage) which is called North Star which is hiding behind Marshall and Ilsley, a British bankster.. There are very, very many failed banks from my state hiding here. Sneaky, Sneaky. RESCIND MY LOAN!!!!!
Good. I expect and hope to see these spring up in every state. I rather suspect that they’ve got excellent chances of winning. The processes are known by too many people.
If they can get discovery, might it be possible to prove conspiracy to defraud? This seems like the logical place to start putting together evidence that JPMC’s procedures are designed to extract all of a loan modification requester’s moneys and then take their house. The application tells JPMC how much money there is for extraction, the processes extract it and only after take the house.
What should be happening is state AGs being named as “joint tortfeasors” and co-conspirators, and the class-actions adding violations of RICO. I think if the AGs make ANY settlement that provides for a financial settlement of Federal crimes, they should be thrown into the mix. Maybe if they start getting named as co-defendants in class-action lawsuits alleging racketeering and misprision, their attitude will be adjusted to where it should correctly be, defending the citizens…NOT THE CRIMINALS.
Very well said, the GA have to be brought out into the open. My case it is an open and close case of fraud and her office said, they could not take every case that comes across they decks. When they haven’t taken on any, similar to mine. The bank ‘s attornies are so strong in Ma. that I can’t find one with the guts to go after them. A case that a first year law student could win worth millions of dollars.
Henry,
If any attorney told you it is an open and shut case, LOOK FOR ANOTHER ONE!! I have also gone through our AG, and yes, they are worthless in this matter. Going by what you stated initially, you owe a deficiency. Hopefully that is not what you meant. You could end up in worse shape than you are. You also did not state what was fraudulent. For us to have credibility, we need to stop throwing that word out, without knowing what it actually means. Maybe you could tell us more about your claim. Just going by your post, nobody can help you. There are allegations, but no specification as to why you believe them.
Title 18 USC CHAPTER 63—MAIL FRAUD AND OTHER FRAUD OFFENSES
§ 1341. Frauds and swindles
§ 1342. Fictitious name or address
§ 1343. Fraud by wire, radio, or television
§ 1344. Bank fraud
§ 1345. Injunctions against fraud
§ 1346. Definition of “scheme or artifice to defraud”
§ 1347. Health care fraud
§ 1348. Securities and commodities fraud
§ 1349. Attempt and conspiracy
§ 1350. Failure of corporate officers to certify financial reports
§ 1351. Fraud in foreign labor contracting
Here is the link if you wanted to read it more… http://www.law.cornell.edu/uscode/html/uscode18/usc_sup_01_18_10_I_20_63.html