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…
- 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;
- 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;
- 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;
- Litigation privilege is not a bar and shelter; AND
- 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…