Is it possible to win against these big lenders? Yes, the homeowner listed below won a suit against Chase and the Judge BARRED the bank from coming forward again to try and foreclose.
As Neil Garfield says…The Pretender Lenders have now tried to use all the major parties and some of the minor parties in foreclosures and when tested have failed to prove standing.
Standing is a jurisdictional matter and it basically boils down to
“You don’t belong here, you have no rights to enforce, you have no interest in this litigation, so get out of here and don’t come back.”
They tried MERS, Servicers, Foreclosure Specialty processors, Trustees, originating “lenders” and they come up empty. why because they are all intermediaries and as Judge Holloway put it, the note is not payable to them, the mortgage does not secure them, the obligation is not due to them and therefore they can’t proceed. In non-judicial states they get around this requirement unless the homeowner brings suit.
Bottom Line: These banks lie and fabricate documents to put them in a position to win. Don’t let them. If you are sick and tired of fighting the bank and their seemingly endless supply of tricks don’t give up. We beat the bank every month and you can too.
- The Bank Slayer
Hon. Arthur M. Schack does it again!
JP Morgan Chase Bank, N.A. v George
2010 NY Slip Op 50786(U)
Decided on May 4, 2010
Supreme Court, Kings County
Schack, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on May 4, 2010
Supreme Court, Kings County
JP Morgan Chase Bank, N.A., AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-AR4, Plaintiff,
v.
Gertrude George, IVY MAY JOHNSON, GMAC MORTGAGE CORPORATION, DANIEL S. PERLMAN, et. al., Defendants.
10865/06
Plaintiff- JP Morgan Chase Bank
Steven J Baum, PC
Amherst NY
Defendant- Gertrude George
Edward Roberts, Esq.
Brooklyn NY
Defendant- Ivy Mae Johnson
Precious L. Williams, Esq.
Brooklyn NY
Judge Arthur M. Schack, J.
_______________________________________________
Accordingly, it is
ORDERED, that the order to show cause of defendant IVY MAE JOHNSON, to vacate the January 16, 2008 judgment of foreclosure and sale for the premises located at 47 Rockaway Parkway, Brooklyn, New York (Block 4600, Lot 55, County of Kings), pursuant to CPLR Rule 5015 (a) (4), because plaintiff, JP MORGAN CHASE BANK, N.A., AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-AR4, lacked standing to commence the instant action and thus, the Court never had jurisdiction, is granted; and it is further
ORDERED, the instant complaint of plaintiff JP MORGAN CHASE BANK, N.A., AS TRUSTEE FOR NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-AR4 for the foreclosure on the premises located at 47 Rockaway Parkway, Brooklyn, New York (Block 4600, Lot 55, County of Kings) is dismissed with prejudice.
This constitutes the Decision and Order of the Court.
___________________________
Hon. Arthur M. SchackJ. S. C..
I just discovered this site and want to thank you for it. I am a part of an ever-expanding group of homeowners who have been conducting deep research and educating ourselves on this mess, all the while trying to save our own homes. Many of us are focusing on MERS, and some of what we now know can be found on beingmiddleclass.org. Many have also written their own stories, and are on shamethebanks.org.
I live in CA, a non-judicial state. Until we can educate struggling homeowners that they can WIN if they take foreclosure measures to court, and until we can get some attorneys in CA who know what they are doing, we are going to continue to see the banks getting away with this. If you know any attorneys in CA who understand what is going on, please let us all know. I cannot tell you how many in CA are being taken to the cleaners by attorneys who say they know what to do but it turns out we homeowners know more than they do.
Thanks! We have some contacts in CA but most of them are newly trained in these theories and may not be as knowledge as you. But that said try Nick Pachego @ 213-247-4702. He was with us at Neil Garfield’s latest training session.
I’ve been dealing with this nightmare since 2008….admin is correct; most are not clued in as us…it is OUR HOME..still fighting the fight…currently in litigation against Chase…
we file chap.13 it was discharge a year before that county foreclose and sold it for back taxes.we paid the taxes.chase did nothing do they have to take lien off property
i with sally.we lived in mo. moved to il.file chap.13.for 3 years chase did nothing.house was sold for property taxes.does chase lien come off