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JPMorgan Chase Facing Wrongful Foreclosure Lawsuit in Federal Court


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4/8/2010
Advocate for the Injured
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April 8, 2010 - JPMorgan Chase is facing a lawsuit from a homeowner who claims they were a victim of wrongful foreclosure. According to reports at the Courthouse News Service, the homeowners allege that representatives at JPMorgan Chase told them that they would not be eligible for a loan modification unless they were behind on their mortgage. The bank representative then instructed them to stop making payments on their home loan for 3 months, which would then qualify them for a loan modification.

The plaintiffs in the lawsuit, Faiz and Khadua Jahani, followed those instructions and stopped paying their mortgage for 3 months. Shortly after the Jahanis missed their first mortgage payment, Chase reported their delinquencies to the credit reporting agencies, which severely damaged their credit.

The Jahanis then received a foreclosure notice from Chase, even though they allege that the bank had specifically instructed them not to make their payments. When the Jahanis attempted to rectify the problem, Chase told them that it had not received their paperwork. This is a common stall tactic encountered by homeowners seeking loan modifications.

 

 



Category: Wrongful Bank Seizure


13 Comments to "JPMorgan Chase Facing Wrongful Foreclosure Lawsuit in Federal Court"

I have made several attempts with Chase to have an amicable outcome when I could no longer afford my home. Loan mod was declined, cash short sale offer was declined, deed in lieu of declined. Now I have court because they believe that I have failed to mitigate the losses???
Posted by Crystal on February 4, 2013 at 07:50 PM
I just wanted to verify that Chase actually does tell people that they have to be behind 3 months before they can get a modification. They told me the same thing, but I don't trust them, so I continued to try to make my payment until I was laid off from a job in April.
Posted by noneya on August 21, 2011 at 06:30 AM
I purchased my home in 2006 and have been making monthly payments since Nov 2006. In the past few years I have struggled to make my payments and tend to send the payments a couple weeks late due to how my income comes in. However, I never missed a payment during the life cycle of this loan. Realizing that I am incurring late fees and that they are stacking up, I called EMC and inquired about changing the payment date to the end of the month. I was advised by the EMC representative that I need to refinance the loan in order to have the date changed.
When I attempted to refinance, I was told that my house did not have equity and was worth less than the loan, so I would not qualify for a refinance. I was then advised to apply for a Home Modification as there are multiple options available if the modification was not approved. I made 3 unsuccessful attempts to obtain a modification and given the run around.
Recently, on (6/15/11) I called EMC to determine if they received my latest mortgage payment, because the check was not cashed after 2 weeks from the time that I sent it. I was advised by the EMC Services Representative that my mortgage was in Active Foreclosure. My Loan was over 3 months behind in payments and that EMC will not accept my payment because of the status of the loan; and 2nd Loan was currently behind by 2 months and in threat of foreclosure.
I disagree with this assertion, as I have made every monthly payment on both loans since 11/15/06.
I since went through my old bank statements in order to validate my position. I also put together a spread sheet that summarized my payments and dates that EMC cashed or accepted each payment. I sent the information to EMC Customer Service via Fax and US mail, including copies of the supporting bank statements.

Posted by Carmen on August 8, 2011 at 02:20 PM
Here's an interesting read from Oppenheim Law Office:

There is an interesting practice developing at our nation’s big banks. Borrowers who are in or nearing foreclosure are being offered thousands of dollars to short sale their homes. Some are even being offered $35,000 to get rid of their homes, and quickly. This situation presents an intriguing insight into the way banks are thinking at the moment. Banks would rather pay you and take a loss rather than foreclose on homes.

Do such offers signify that banks have learned their lesson and are trying to get out of sub-prime loans, or are they looking to just prevent further losses? Perhaps the answer is that the banks are concerned about existing home prices. Bank of America’s chief economist, Mickey Levy, while speaking privately, spoke of the concern that the 1.8 million bad loans in the nation will drive down the market if they go into foreclosure. Such fears help explain why the banks are desperate to avoid foreclosing on homes. They don’t want the rest of their loans to become vulnerable: the more foreclosures, the more house prices fall, therefore, the value of the banks’ loans go down and more people want to walk away from their homes, causing the banks even more losses.

In the end, this situation is a win-win. Not only do banks protect home prices, but they stand to get back more money quicker from a short sale than a foreclosure and the good publicity would be a nice change of pace for their PR departments. Homeowners in trouble are also helped because they can get out of their houses with some cash in their pockets and get on with the rest of their lives.

Posted by manny on April 18, 2011 at 12:12 AM
Mauricio of Miami, try contacting Geoff Sherman of Oppenheim Law at 954-384-6114
2500 Weston Road, Suite 404, Weston, FL 33331. Their website is http://www.oppenheimlaw.com/foreclosure_law.html and see if they can represent you and other plaintiffs. They were successful in representing us in stopping a lender from foreclosing on our property but I'm not sure if they can fight your lender after they've already foreclosed on the property. If they can't represent you, they may be able to refer you to someone who can. Good luck and I hope you win your case if you proceed with litigation. Several banks out there are viciously intent in delaying their decision on a loan modification so they can maliciously foreclose on struggling homeowners who honestly want to keep their home and are working diligently to submit all documents required by the banks.

For all others out there who are under loan modification but suspect that your lender may foreclose on you anyway: Write a letter to your state's attorney general, to the lender's president and vice president, and last but the not the least to the office of the comptroller of the currency (whose goal is supervising banks to ensure that they operate in a safe and sound manner and in compliance with laws requiring fair treatment of their customers and fair access to credit and financial products) and let them know how your lender's loss mitigation department and/or loan modification department are treating you. Ask them to help you. Fight for your property!
Posted by Manny on April 16, 2011 at 06:55 PM
I need to find a law firm to represent me and a few people (40-50), INDIVIDUALLY, not in a Class Action, in filing WRONGFUL FORECLOSURE LAWSUITS against the major banks that foreclosed and took away our properties without having the right standing, without being the owner and holder of the note and mortgage and sometimes without serving the defendants properly.

I am also looking for attorneys in Miami doing QUIT TITLE ACTIONS.

Mauricio Lacayo / Miami, Florida
Posted by Mauricio Lacayo on April 15, 2011 at 08:47 PM
I wish there is more class action since I can't afford alone. I have many forged documents and papers where Chase used to steal my home.
Posted by goldstein on February 13, 2011 at 06:32 PM
jp chase never sent me foreclosure paperwork and took my house In Missouri
Posted by Richard Burden on January 27, 2011 at 11:55 PM
Filing bankruptcy did not work for me because the court order to stay disappeared when Chase took over my loan. Their legal department continued with my foreclosure when I was making payments and my bankruptcy payment for the arrears. Here we are a few months later and I have been foreclosed on and not sure where I am going to live. So bankruptcy does not work...
Posted by Julie on December 5, 2010 at 08:25 PM
my parents have too been a victim of wrongful foreclosure, my parents are elderly and they tend to take advantage of the situation. At this point we still dont know who to contact. We tried to talk to a lawyer and he said we had a good case and then refused to proceed with the case. I personally think chase bought then out.
Posted by michelle on November 11, 2010 at 09:03 PM
Our loan was originally with EMC Mortgage and we were under a trial agreement payment plan with them as they review our case for a loan modification on a property in San Antonio, Texas. However, along the way the loan was sold or transferred to Chase. Next thing we know we've been foreclosed on and an agent has posted a For Sale sign on the front lawn. Agent told us to communicate with the lender. We called EMC who transferred us to Chase but latter bank stated that we needed to deal w/ EMC to find out what happened to the loan mod but EMC stated that there was nothing else they can do since Chase already foreclosed on us. No one really knew who we should deal with. They've been taking our money and foreclosed on us anyway. We don't understand the mechanics of this loan mod and why one would be foreclosed anyway even if you think the lender has been working with you. Either way, homeowner is screwed in the end.
Posted by manny on October 25, 2010 at 06:48 PM
Chase told me on Oct 09 that if I made three payment of a spcific amount, I would be eligible to apply for a loan modification and I was to call them in January 2010. However, in calling in January and February, they said they were too busy with foreclusures that they could not attend to my case, and I should continue to make the agreed-upon payments. With my husband ill and out of work, and my daughter out of work, I exhausted all my financial resources to make these payment and couldn't make them in March, April and May. They took my payments in June and July and foreclosed on us on August 12, 2010. They sold our loan effective Oct 1. They claimed they sent loan paperwork several times, and made several calls to bring the payments to date and then to advise of pending foreclosure. However, in researching all mail from Chase, I found one notice for foreclusure sent in June and one application I had not opened, since they were too busy to attend to my case and I was getting so many notices of meetings in other states regarding how to apply for a loan modification. I could not make the trip for these meetings.
Posted by Florence Jochens on October 6, 2010 at 01:27 PM
I am also a victum of a wrongful foreclosure. I have been making the payments for over 15 months, and Chase still forcosed on the property. I have been sending financial documents at their request.

At this point, the only way to stop the foreclosure is to file bankruptcy.

My wife is having the same issue with US Bank.
Posted by Mark Lee on September 24, 2010 at 03:12 PM

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