Defendant Won Foreclosure Summary Judgement And Attorney Fees But...

onacliff

LoanSafe Member
Nov 1, 2012
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My Question is we won our Case in 9/14... Just settled for attorneys fees with Chase... The "issue" is Chase SOLD our mortgage to another lender on 1/15.... Our Summary judgement PROVED and ADJUDGED that CHASE DOES NOT OWN the the note and they should collect anything.

Can the NEW lender come after us even though chase sold a note that was proved they did not own?
 

tadias13

Banned
May 2, 2010
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My Question is we won our Case in 9/14... Just settled for attorneys fees with Chase... The "issue" is Chase SOLD our mortgage to another lender on 1/15.... Our Summary judgement PROVED and ADJUDGED that CHASE DOES NOT OWN the the note and they should collect anything.

Can the NEW lender come after us even though chase sold a note that was proved they did not own?
I am not an attorney, but if JPAnti-Christ did not own the loan, and if that was proved in court, then how can the new pretender lender come after you? Who is the new pretender/lender servicer? I would really like to hear more about your situation, can you tell me more? Was this a WaMu loan? If so, Chase only acquired the servicing rights to the WaMu loans, but Chase sells WaMu loans they don't own all the time, they claim the FDIC transferred ownership to them out of the WaMu receivership which is a big fat lie. Did Chase record a fabricated deed or trust and/or assignment of mortgage to falsely claim ownership of your loan? Can you tell me what happened? I am dying to know.
 

onacliff

LoanSafe Member
Nov 1, 2012
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This was not a Wamu Loan an out right Chase loan. They sold the loan to another lender(don't want to say incase...) after we were awarded the summary judgment and adjudged that Chase does not own the note and they should not collect anything going forward. My thought is also, how can some buy something that was never the original sellers to begin with?? We have also been awarded attorney fees... so, I am just curious how the new lender could go after us...
 

Moe Bedard

Call 1-800-779-4547
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Loan Safe Mortgage
Aug 10, 2007
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I have seen many mortgage servicers collect on loans and foreclose on properties where legal ownership of the note was questionable. The courts know this is a big mess. I have seen some homeowners fight and delay based on this defense.

What did your lawyer say who represented you in this case?
 

kraftykrab

LoanSafe Member
Jan 27, 2014
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I for one would be very interested in seeing/hearing more about your case. Many of us are facing original lenders, and still have plenty of reasons to doubt what they claim regarding ownership of the note. Would you be willing to share some more info or maybe post up docs from your court case? I bet the MSJ was especially interesting. I am actually in a somewhat similar situation, though the lender sold the loan while the foreclosure case was still in the early stages, but I have reason to believe that the original lender did not own the loan when they initiated foreclosure, and therefore, they had no legal authority to sell it to the current owner either.
 

tadias13

Banned
May 2, 2010
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This was not a Wamu Loan an out right Chase loan. They sold the loan to another lender(don't want to say incase...) after we were awarded the summary judgment and adjudged that Chase does not own the note and they should not collect anything going forward. My thought is also, how can some buy something that was never the original sellers to begin with?? We have also been awarded attorney fees... so, I am just curious how the new lender could go after us...
So was Chase only servicing your loan? The new pretender lender can try all they want to come after you, but I seriously doubt they can do anything to get you to pay. If it were me, I would not communicate with them. Maybe your attorney can send them a letter explaining that the loan purchased from Chase was a loan that Chase never owned, and mention the SJ and that might make them back off. Talk about unjust enrichment, this is something that Chase does all the time. Chase always says, "We have done nothing wrong" the fact that Chase exists is wrong. I would really like to see your case. This could help a lot of people. Seems like Chase is getting caught more and more now. There was a recent case in Florida were Chase could not prove standing and on appeal, the court reversed the foreclosure judgement, and ruled in favor of the homeowner.

Here is a link to the case, http://www.cfjblaw.com/files/Uploads/Documents/realprop/wright-v-jpmorgan-chase-bank-na.pdf
 

pennygram

working for consumers
Sep 29, 2010
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onacliff - hopefully you have not made any payments. if in fact it was chase who sold this then send the new servicer a noe with a copy of the court order showing chase did not own the papers. ask them to investigate and furnish you with all documents, emails, etc used in their investigation.

also check your credit reports and dispute anything that does not seem right.
 

cyadra

LoanSafe Member
Jun 9, 2014
80
8
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My Question is we won our Case in 9/14... Just settled for attorneys fees with Chase... The "issue" is Chase SOLD our mortgage to another lender on 1/15.... Our Summary judgement PROVED and ADJUDGED that CHASE DOES NOT OWN the the note and they should collect anything.

Can the NEW lender come after us even though chase sold a note that was proved they did not own?
Wait a minute.

How can Chase sell a loan they do not own?

This sounds like a great cause for a Quiet Title, Chase can not come after you, whomever they "sold" the loan to can not come after you because according to the court Chase never owned the loan. The original lender almost never comes after you because they probably sold the loan and got paid on it, they legally can not come after you. You probably also have a clouded title if Chase sold the loan. If they did, and they didn't have the right to do so because they never owned it, that is called fraud. They just instantly created a debt out of thin air. You need to go to court.
 

Sleestak

LoanSafe Member
Nov 10, 2014
20
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Any update on this? I want to possibly use this as education for my situation as well ( see the thread About to get Served).

We want our houses!
 

acesfull

LoanSafe Member
Nov 5, 2008
2,216
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NEW JERSEY
Hi Folks

Since we haven't heard from the original poster since Aug 2015, I really hope they did not give in an make any payments to the new fraudsters. Chase sold/transfer/and or assigned something that they did not own, this theory calls to mind the venerable maxim " nemo dat quod non habet" i.e. one cannot give what one does not have. See Mitchell v Hawley, 83 U.S. 544, 550 (1872).

I am currently using the same argument in my case, and for you folks that are not familiar with my case, I am challenging the non-existing assignment of my note and mortgage from a company that went belly up in 2009 but cleverly assigned my note and mortgage to XXX bank, in 2010, name omitted due to current litigation, Some of these greedy banks purchased notes and mortgages that simply did not exist. Think of it like this, I will sell you the Brooklyn bridge for penny's on the dollar. Caveat emptor , or buyer beware.. The banksters got suckered into purchasing items that clearly did not exist and now they want to collect from us.

If anyone is interested in more background of my situation, please visit the NJ foreclosure timeline thread and or ask for my email address.... If we can show the court that the banks purchased a bill of goods that never existed, then we have good case law on our side and also a great cause of action to defeat their summary judgment motion..

Keep up the good fight folks and keep the information flowing!

Best regards
Nj-65 Months
Acesfull/HWP
 

onacliff

LoanSafe Member
Nov 1, 2012
9
0
1
49
Hi Folks

Since we haven't heard from the original poster since Aug 2015, I really hope they did not give in an make any payments to the new fraudsters. Chase sold/transfer/and or assigned something that they did not own, this theory calls to mind the venerable maxim " nemo dat quod non habet" i.e. one cannot give what one does not have. See Mitchell v Hawley, 83 U.S. 544, 550 (1872).

I am currently using the same argument in my case, and for you folks that are not familiar with my case, I am challenging the non-existing assignment of my note and mortgage from a company that went belly up in 2009 but cleverly assigned my note and mortgage to XXX bank, in 2010, name omitted due to current litigation, Some of these greedy banks purchased notes and mortgages that simply did not exist. Think of it like this, I will sell you the Brooklyn bridge for penny's on the dollar. Caveat emptor , or buyer beware.. The banksters got suckered into purchasing items that clearly did not exist and now they want to collect from us.

If anyone is interested in more background of my situation, please visit the NJ foreclosure timeline thread and or ask for my email address.... If we can show the court that the banks purchased a bill of goods that never existed, then we have good case law on our side and also a great cause of action to defeat their summary judgment motion..

Keep up the good fight folks and keep the information flowing!

Best regards
Nj-65 Months
Acesfull/HWP
Curious how this worked out… this is the original poster and nothing has happened. we would like to move for quiet title but don’t want to wake a sleeping dragon. We have paid nothing to the new bank.
 

acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
Curious how this worked out… this is the original poster and nothing has happened. we would like to move for quiet title but don’t want to wake a sleeping dragon. We have paid nothing to the new bank.
Hi Onacliff
Welcome back and good news that you didn't pay them a dime.. You may want to study "Quite title" statutes for your state..
What state are you located? I am still in the litigation process.. I have oral arguments first week of August..
Keep us posted.
Best regards
Nj-66 Months
Acesfull/HWP
 

onacliff

LoanSafe Member
Nov 1, 2012
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We are in Florida… At what point are we able to apply… Good luck in your oral arguments…
 

onacliff

LoanSafe Member
Nov 1, 2012
9
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Trying to bring this back current- bc it looks like pennymac may file a lawsuit in April 2017. With The Bartram suit… i guess makes it ok for them to file against us…. My question… Pennymac purchased the Loan from Chase in January of 2015 after we won our case(Sept 2014) with Judgment stating to Chase stating there was no mortgage. Chase paid our attorney fees. Can this be defended that Pennymac purchased a loan that did not exist? Any insight would be helpful! TIA!
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,238
164
63
Trying to bring this back current- bc it looks like pennymac may file a lawsuit in April 2017. With The Bartram suit… i guess makes it ok for them to file against us…. My question… Pennymac purchased the Loan from Chase in January of 2015 after we won our case(Sept 2014) with Judgment stating to Chase stating there was no mortgage. Chase paid our attorney fees. Can this be defended that Pennymac purchased a loan that did not exist? Any insight would be helpful! TIA!
Hi,

It really would depend upon how the court's ruling was worded in your case. Without seeing exactly what the court determined, it's hard for us to say one way or the other. Is there a way that you could redact any personal info and post up that court's final judgment?
 

onacliff

LoanSafe Member
Nov 1, 2012
9
0
1
49
Hi,

It really would depend upon how the court's ruling was worded in your case. Without seeing exactly what the court determined, it's hard for us to say one way or the other. Is there a way that you could redact any personal info and post up that court's final judgment?

Can you peak at what I uploaded
 

acesfull

LoanSafe Member
Nov 5, 2008
2,216
110
63
NEW JERSEY
OP, Anyone can file a complaint, if they file against you, file a motion to dismiss, they have no standing and they were sold a false bill of goods
by chase.. If in their complaint, they rely on an assignment from Chase, they are in theory supporting your defenses...
Keep us posted and don't stress, you have an excellent defense.
Best regards
Nj-75 Months
Acesfull/HWP
 

Annie Mac

LoanSafe Member
Aug 19, 2011
598
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Oregon
It is helpful to stop thinking of these names as banks or financial institutions; we realized long ago they are not the banks we originally knew as banks. Use whatever name works to mentally hold their actions for yourself. Many of us at this stage have experienced so many lies, changes of our loan numbers, and titles of who supposedly could have the right to enforce the note, that we are dealing with lowlife worms. On Bagels, wandarobo suggested the book "Bad Paper: Chasing Debt from Wall Street to the Underworld," by Jake Halpern. It is not as dense a read as many, regarding the foreclosure crisis, but it puts in perspective the degree of selling and purchasing bad debt. Right now, many of us are just caught in the bad paper game, and it has no relation whatsoever with our homes, deeds of trust, or the legal title to the property. If the ball is still in the air, there's a way to make a dime off of it.