Saturday, March 05, 2011

A homeowner's horrific injustice at the hands of JPMorgan Chase

Written by Biloxi

“We trusted the bank,” the Mom says, “like idiots.”
This is a very horrific story and nightmare of bank abuse by a homeowner from Anaheim, California.  Martin Andelman, a blogger from Mandelman Matters website, is asking others to along this story to others of another example of bank abuse by JP Morgan Chase. The homeowner has filed a complaint filed on Tuesday in Orange County Superior court seeking compensatory and punitive damages. Here is the entire story of this couple's nightmare with JP Morgan Chase from Martin Andelman:

An Anaheim couple with an eight year-old daughter has lost their home… that would be one way of phrasing it. Another way to describe what happened would be to say that JPMorgan Chase, an outfit that I now see clearly is significantly worse than any crime family… has thus far been permitted by the courts and the laws in California to STEAL an Anaheim couple’s home.


Why do I say that Chase stole it? Well, there are lots of reasons, but I think the one that tops my list would have to be, because they never missed or were late on a payment… in every single month that JPMorgan Chase told the couple to make a payment… they paid the exact amount they were told to pay… on time and as agreed… never missed even one… never were late, not even once.


The husband in this family worked for the City of Placentia in Southern California for some 27 years. The wife and mother has her own small business. Their adorable eight year-old daughter, whose life is about to be inalterably changed at the hand of JPMorgan Chase, goes to school near by and loves her home. Her parents haven’t told her anything about this yet, and I pray to God they never have to… that JPMorgan Chase comes forward and stops this egregious wrong that they have let happen… that they have created.


The husband in this family became ill a few years ago… advanced diabetes… his kidneys have failed, he’s on dialysis… heart disease… he’s spent time on a respirator while hospitalized.


Yet, they’ve made it through everything, this family, through all of that and more… stayed together… raised a daughter… found ways to laugh and play together… they must love each other very much.


They had bought their 2-bedroom home in August of 2006… as it turns out… terrible timing… but who knew that the bankers, who had leveraged themselves 40-100 to one, were about to blame homeowners for their defrauding of the investment community, bankrupting the global financial system, and destroying the credit markets? Bernanke didn’t know… Paulson didn’t know… personally, I think that lets this couple off the hook about the whole should-have-known thing.


So, for three years they made their payments without fail. And maybe if it would have just been the economy or just the medical bills, they would have made it through this… but both was too much, and they received a Notice of Default in July of 2009.


They applied to JPMorgan Chase for a loan modification, and Chase granted them a trial modification in February of 2010. Chase told them to pay $869 for three months, and entered them into another program in May, telling them to make monthly payments of $1358.


They paid every month, on time every time… by cashier’s check, as required by Chase. The trial modification paperwork said something to the effect of:


“If all payments are payments are made as agreed, we will reevaluate you to determine if we can offer you a permanent modification.”




“We trusted the bank,” the Mom says, “like idiots.”


In August, they received a Notice of Sale. They called Chase… and imagine their relief when they were told not to worry one bit about that notice. Apparently, it was just the fault of Chase’s stupid computer system that just spits things like that out without anyone telling it to do so. False alarm, what a relief.


So, they paid their September payment… and paid their October payment… and it was around October 10th when they received another Notice of Sale. Again, they called Chase, perhaps a little less nervous than the last time the same thing had happened… and wouldn’t you know it… another false alarm… it was that darn computer system again. Nothing to worry about, Chase told them… just keep those payments coming.


Oh, but while we’ve got you on the phone, we need you to send in some current paycheck stubs and other miscellaneous pieces of information, which they did… and then did again… you know the standard operating procedures for servicers by now I’m sure.


Right around the third week of October, they come home to find a notice of sale pinned to their front door. Oh my God… they called Chase again. “Oh, just ignore it once again,” Chase lied. “You don’t have to worry about that, silly, you’re under consideration for a loan modification, why would we sell your house?”


A few more days and another notice on the door… Chase back on the phone… but this time everything was different… Chase said they were selling their home in ONE HOUR. To stop the sale, they would need to get down to the courthouse with about twenty-five grand… in 55 minutes, 50… 45… 40…


I suppose we needed another vacant home in Anaheim in a hurry, because predictably, the home went back to Fannie Mae at the Trustee Sale. Gone, in the blink of an eye… sold October 21, 2010… just 21 days after they had made their October payment. Chase had told them not to worry… it was just the computer system… no one would sell their home.


And now it was gone.


The couple pleaded with Chase that day on the phone, I can only imagine what that felt like for them on that day. Here’s what the mom said to me:


We’re not people who simply decided to skip out on our mortgage. We did everything as upright and by the book as we were instructed to do by Chase yet we still lost our home. On the day they took back the property, I called Chase pleading for an alternative to this. Their reply to me was “I suggest you find a new place to live.”

And here is what happened at the hearing:


The couple’s lawyer asked the McCarthy & Holthus lawyer if there could be a continuance as the husband would be only a day or two out of the hospital…. they said they’d check with Fannie Mae… then said that Fannie said no. I guess Fannie Mae, a bankrupt and tax-payer owned mortgage company really wanted another empty condo in Anaheim.


The lawyer asked, what if the couple comes in and asks the judge for a continuance, would McCarthy & Holthus object? No, she was told, they would not object “vigorously.” So, the couple went to the UD expecting to ask the judge for a continuance, she pushing him in his wheelchair.


As soon as they walked in, another McCarthy & Malthus lawyer, Kevin Mello was walking towards them. As he approached, the couple overheard Kevin say to another, “I’m so sick of all these sob stories.”


Mello asked the couple when they could bet out of their home. They said that they would need six weeks. Mello made a call and said they could have 30 days. The husband asked to talk to the judge, but our guy Kevin said, “Why, the judge has no authority… he’ll tell you to be out in 4 days… the bank has all the authority.”


Kevin had some papers he said that the couple needed to sign. They said no, they didn’t want to sign anything. Kevin said they had no choice… either sign or be out in four days. He put the documents in front of them… they couldn’t move his hospital bed in 4 days… they signed. Stipulated to a judgment and waved future claims.


When they appeared before the judge, he said that they should be GRATEFUL that the bank gave them 30 days.

A highly experienced trial attorney agreed to take on the couple's case. So stay tuned.

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