J.P. Morgan Chase & Co Lawsuits

We will be building a list of all JPMorgan and Chase lawsuits and class action here. Chase, don’t thank me.

PMorgan Chase accused of gender bias in lawsuit
NEW YORK, Sept 29 (Reuters) – JPMorgan Chase & Co (JPM.N) was sued on Tuesday by the U.S. Equal Employment Opportunity Commission, which accused the bank of discriminating against women by paying them less than men and subjecting them to a “sexually hostile” work environment.

The federal lawsuit alleged that JPMorgan fired Aimee Doneyhue, who worked in a Columbus, Ohio office, after she alleged the second-largest U.S. bank made it more difficult for women than men to earn commissions and bonuses, and subjected women to verbal harassment.

It said the New York-based bank retaliated against Doneyhue by subjecting her to ridicule, including telling her that she was an “idiot,” and fired her after learning from her that she had consulted with the EEOC.

The complaint seeks to recover back pay and other losses suffered by Doneyhue and other women, punitive damages, an end to practices that discriminate on the basis of gender, and other remedies.

JPMorgan spokesman Joe Evangelisti declined to comment.

The case is EEOC v. JPMorgan Chase Bank NA, U.S. District Court, Southern District of Ohio (Columbus), No. 09-711. (Reporting by Jonathan Stempel)

Court Reinstates Lawsuit Against JP Morgan for Rise in Credit Card Rate

A couple in Oregon who attempted to sue JP Morgan for failing to properly disclose risk factors the bank used to raise its interest rates on its credit cards, has had their suit reinstated.

Earlier, a federal district court in Oregon had dismissed the couple’s claim for further proceedings. But the US Court of Appeals for the Ninth Circuit has now ruled that JP Morgan had not made “clear and conspicuous disclosure” of the annual percentage rates it could impose, as required under the federal Truth in Lending Act. Instead, the bank put in writing its reasons for rate increases on apges 10 and 11 of the couple’s credit card agreement, “five dense pages after the disclosure of the APR,” Judge Diarmuid O’Scannlain, one of three judges on the review panel, wrote.

The couple were prompted to file the suit against Chase after their annual 8.99 percent interest rate shot up to 24.24 percent, apparently with no warning.

Recently, the US Senate and the House or Representatives have both approved bills to curb sudden interest rate increases on credit cards. President Barack Obama will likely sign the bill into law in late May.

Milan Police Seize UBS, JPMorgan, Deutsche Bank Funds
By Elisa Martinuzzi

April 28 (Bloomberg) — Milan?s financial police seized 476 million euros ($620 million) of assets belonging to UBS AG, Deutsche Bank AG, JPMorgan Chase & Co. and Depfa Bank Plc amid a probe into alleged fraud linked to the sale of derivatives.

The police froze the banks? stakes in Italian companies, real estate assets and accounts, the financial police said in a statement today. The assets seized yesterday also include those of an ex-municipality official and a consultant, the police said.

The City of Milan is suing the four banks after it lost money on derivatives it bought from the lenders in 2005. The securities swapped a fixed rate of interest on 1.7 billion euros of bonds for a variable rate that was losing the city 298 million euros as of June. Milan is among about 600 Italian municipalities that took out 1,000 derivatives contracts worth 35.5 billion euros in all, the Treasury said.

?Milan is an important case because it can be used as an example by others,? said Alfonso Scarano, who is heading a study into the trades by AIAF, a group representing Italian financial analysts. ?This is a unique time for borrowers to shed light on their potential losses and renegotiate contracts? to take advantage of interest rates that have fallen to record lows. AIAF will next week testify before the Italian Senate?s inquiry into the cities? use of derivatives contracts.

Officials at all four banks declined to comment. In January, JPMorgan filed a lawsuit against the city in London. The bank is seeking to have dispute heard in the U.K., according to two people familiar with the claims.

Cassa Depositi

A spokesman for Milan?s city council declined to comment. A report commissioned by the city last year into the derivatives trades didn?t identify the officials involved in the decision.

The banks reaped about 100 million euros in fees from the transactions, Milan?s financial police said today. Public officials, seeking to cut the cost of their debt and help fund their budgets, turned to the banks to refinance borrowings from the state-owned lender Cassa Depositi e Prestiti.

The 30-year bond carried annual interest of 4.019 percent. With the derivatives, the city swapped the fixed interest rate for a floating rate set at 12-month Euribor. Milan also agreed to repay the principal by annual payments instead of at maturity, according to the city?s report.

The banks and Milan later agreed on so-called interest-rate collars, under which the banks would pay the borrower if Euribor rose above a certain level, the so-called cap, while the borrower would pay the banks if Euribor fell below the so-called floor.

Credit-default Swaps

The banks misled municipal officials on the advantages of buying the derivatives, including the impact of the fees they charged on the contracts, the financial police have said. The banks made three times more money from the cap than Milan did from the floor, according to the city?s report.

Local governments often entered into derivative contracts without soliciting bids from competing buyers. In 2007, Milan also sold a credit-default swap, exposing itself to the risk that the Republic of Italy might default, the document shows.

The Milan case is among lawsuits filed by local governments from Germany to the U.S. amid allegations of mis-selling and fraud. Italy?s Senate is leading a review of the use of derivatives among local administrations.

Italian prosecutors can seize assets, subject to judicial approval, to prevent the worsening of the consequences of the crime or prevent further crimes being committed, according to Andrea Giannelli, a researcher at Milan?s Bocconi University.

?Intimidating and unprecedented?

?Its use in this case is somewhat intimidating and unprecedented,? said Giannelli. ?It?s a measure they may be using to accelerate a solution.?

Deutsche Bank, Germany?s largest bank, last year won dismissal of a lawsuit filed by Hagen, Germany, over losses on derivatives that the city purchased from the lender.

The U.S. Justice Department has been investigating for more than two years whether banks and brokers conspired to overcharge local governments on similar swap agreements.

Alabama challenged a so-called swaption deal last year as local governments across the U.S. faced rising bills after derivative trades with Wall Street banks backfired. The Alabama Public School and College Authority filed a lawsuit in October seeking to void a so-called swaption, or option on an interest- rate swap, that it sold to JPMorgan in 2002.

To contact the reporter on this story: Elisa Martinuzzi in Milan at [email protected]

Last Updated: April 28, 2009 10:12 EDT

JPMorgan Chase Accidentally Breaks Into Your House And Steals Everything You Own
Bobo and Joy Dickson bought a house had been headed for foreclosure, but JPMorgan Chase apparently didn’t get the message that the former owners had moved out and the new owners were in residence. So, naturally, they hired a firm to drill the Dickson’s locks and take everything they owned, including their food. Now JPMorgan Chase is “taking it seriously.”

“We take this very seriously, and we are working with EMC [a mortgage company JPMorgan Chase owns] and the family’s attorney to make this right,” said Tom Kelly, a JPMorgan spokesman.

After the Dickson’s bought the house back in May, the foreclosure proceedings were supposed to have been stopped. They weren’t. That’s when the former owner’s mortgage company (owned by JPMorgan Chase) hired “Field Asset Services Inc.” to drill the locks and “empty the house,” according to the Austin American-Statesmen. Field Asset Services claims that the Dickson’s possessions were given to area thrift stores, but they have been unable to locate them.

Ordinarily, when personal possessions are left in a foreclosed home a court order is needed to remove the items and the owners are given the opportunity to reclaim them within 24 hours. JPMorgan Chase says its not sure if there was a court order in this case.

Elizabeth Bradburn, the Dicksons’ real estate agent, is organizing an effort to collect donations for the family. She said gift cards to furniture and household goods stores are preferred and may be sent to the Dicksons’ business address: 9800 N. Lamar Blvd.,

No. 315, Austin TX 78753.

“It’s been awesome to see people mobilize and want to help out,” Hance [Dicksons’ attorney] said. “The Dicksons are, of course, very grateful and touched by the outpouring of support from the community.”

Report: WaMu parent wants U.S. documents in failure probe

December 15, 2009 | 8:38 pm
The bankrupt parent of Washington Mutual Bank asked the judge in its reorganization case to allow for an expansion of a probe into the circumstances immediately leading up to the September 2008 failure.

From the Puget Sound Business Journal:

A filing in the Washington Mutual bankruptcy case says that new evidence supports allegations that JPMorgan Chase used access to inside information about WaMu to drive down the bank?s credit rating and share price, scare away other suitors and arrange to buy the ailing Seattle bank from regulators at a bargain price.

The 20-page motion cites hundreds of internal documents received from JPMorgan through discovery in the bankruptcy case, including emails between JPMorgan executives and other banks interested in bidding on WaMu as well as slide show presentations discussing the viability of a WaMu purchase.

The latest motion now seeks to expand the subpoena to include regulators such as the Federal Deposit Insurance Corp., the Office of Thrift Supervision, the U.S. Treasury Department, the Federal Reserve, other banks that considered buying Washington Mutual, Goldman Sachs in its capacity as an adviser to WaMu, credit-rating agencies and other banks involved in lending to WaMu.

Conspiracy theories have been rampant since the S&L’s failure, and WaMu’s parent has been battling JPMorgan and the FDIC in multiple court venues over billions of dollars in assets.
As Jordan Weissmann wrote on law.com in October:

Washington Mutual is arguing in its suit brought in D.C. federal trial court that the government sold the bank for less than it would have been worth in liquidation, which it further argues violates the FDIC’s obligations under the Federal Deposit Insurance Act.

It also contends that many assets should never have been transferred to JPMorgan at all.

— Tom Petruno

A class action lawsuit has been filed against Chase Home Finance LLC and JPMorgan Chase, N.A. in the U.S. District Court, Southern District of California, alleging that defendants reneged on a promise to modify troubled mortgages. The class action is brought on behalf of the following class of persons:

All mortgagors in the the State of California whose home mortgage loans are or were serviced by Chase Home Finance LLC or JPMorgan Chase Bank, N.A. and who (a) have attempted to obtain permanent loan modifications from Chase Home Finance LLC or JP Morgan Chase Bank, N.A. through the Home Affordable Modification Program (?HAMP?) or similiar loan modification programs; and (b) have made payments pursuant to a HAMP Trial Period Plan (?TPP?) or any similiar temporary modification agreement offered by Defendants.

For more information on the Chase Home Finance & JPMorgan Chase mortgage loan modification class action lawsuit, read the Chase Home Finance & JPMorgan Chase class action lawsuit complaint.

For information about this class action, contact paralegal Nick Wallace or attorneys Gretchen Obrist or Lynn Sarko at 800.776.6044 or via email at [email protected]

227 thoughts on “J.P. Morgan Chase & Co Lawsuits

    • I want a class action suite but it will take so long we will all loose our homes while it is tied up in court! What we need is a march on Washington. Did you ever ask why the news is showing more on this topic. Do you ever watch the commericals during news program. Chase, Chase and Chase linked businesses. They have the media and the government in their pockets. Filed a formal complaint with the FTC. Anyone got any other options! Count me in on a class action suite but we need more and fast!

    • ANYONE WHO KNOWS ABOUT A CLASS ACTION AGAINST CHASE MORGAGE IN WASHINGTON STATE LET ME KNOW ASAP!
      My loan was sold so i’m safe and feel for everyone still struggeling with them, I almost lost my house to them and almost 5k of my principle disapeared after i was sold. They did a load modification and tacked on almost 5k in fee’s that tack on disaperared when the loan was sold!

      • I’m in WA State. I just did a complaint to Attorney General. I’d be in. They claim to have never received my final mod papers (even though i have proof and a lady at CHase later confirned they did receive and never processed).

        They sold the loan. Against the agreement of the modification, Instead of being into payments, they have me heading toward foreclosure unless this next company has the ethics Chase doesn’t

    • lets start own own I started a sign up sheet under Debbie Everstones name from Ark .on
      this website .i only did the first 3 major states ,go to her name and start 1 for Virginia hopefully we can get some attorneys attention to help us , chase has frozen my assets thoses#@*# holes.

      go to Debbies Everstone from Ark.name put your state and start one for Vrginia and tell all your friends

  1. I am seeking an attorney in Texas (preferably DFW area) to represent me in a case against Chase Home Finance/Mortgage for forcing me into foreclosure over an ARM contract. You can read my story in a comment I left on this site a few minutes ago. If the statute of limitations has not yet run on breach of contract cases from 12/06, I need an attorney desperately. I myself am a paralegal/legal assistant but want an experienced mortgage lending attorney for this matter.

    If you know of anyone, please reply w/a comment on this site or email [email protected].

    Thanks much!

    • spook up German-owned? bank Deutchebank AG, as I believe they hold a substantial interest in JPMorgan Chase, and even have a U.S. division. Look under some of the “who is” websites, I even believe Deutchebank AG has a webpage that explains their involvement (many years ago) in taking over all or portions of JPMorgan Chase and possibly even Chase Manhattan. It was a few years ago I researched all this, so don’t remember all the facts. I do remember involvement by Deutchebank AG (hope I spelled it right). What better way for a huge German entity to take over America without ever firing a shot by taking the majority of their homes!! Do you also see the buses in your neighborhood, bringing in all the foreign investors to gawk at our homes they will be purchasing through these crooks??? D.Nelson

  2. I represent a client in a pending law suit involving Chase Home Finance LLC, but they are not a listed Company with the SEC, does anyone have info as to ownership by JP Morgan Chase & Co.

  3. Dear fellow Chase Bank customers after 8 years in the courts of ILLINOIS, we won the case. I have inserted the Judge’s opinion below. This is all violations and broken laws
    Chase has denied. I told Tom Kelly to unlock Fort Know we want 100 million to settle this claim. The opinion is long but worth the time to read. I do know Attorney’s that can beat them and will not be intimmidated.
    our Chase Blog http://mment.myblogsite.com/

    No. 3-09-0735
    IN THE
    APPELLATE COURT OF ILLINOIS
    THIRD DISTRICT
    A.D. ,
    MANITO MACHINERY, INC., RALPH)
    MAY and DEBORAH MAY, ))
    )
    )))
    )
    )
    )
    )
    )
    )
    )
    Plaintiffs-Appellants,
    v.
    BANK ONE, N.A., predecessor
    to J.P. MORGAN CHASE CO., by
    Merger; CODILIS & ASSOCIATES,
    P.C., and THOMAS JAMES
    DONAHUE,
    Defendants-Appellees.
    2010
    Appeal from the Circuit Court
    of the Tenth Judicial Circuit
    Peoria County, Illinois
    No. 05-L-104
    Honorable
    Joe Vespa
    Judge Presiding.
    ORDER
    complaint,
    Plaintiffs, Manito Machinery, Inc. and Deborah May, filed a
    alleging that defendants, Bank One, Codilis &
    Associates, P.C., and Thomas James Donahue, converted their
    personal property following the foreclosure of Deborah’s home.
    Defendants filed motions to dismiss, which the trial court granted.
    We reverse and remand.
    In June 1999, Deborah May entered into a mortgage on a home
    located at 24101 N. Tonya Court in Manito. In December 1999,
    Deborah stopped making mortgage payments and moved out of the home.
    On April 18, 2000, Bank One filed a complaint for foreclosure
    against Deborah for her Manito horne. A summons was issued and
    returned·by the Mason County Sheriff on April 20, 2000, indicating
    that Deborah could not be found in the county. The Sheriff’s
    return stated, “Now living in Milford, II.” On May 8, 2000, Thomas
    Donahue of Codilis & Associates, P.C., Bank One’s attorneys, filed
    an affidavit seeking service by pUblication. The affidavit
    asserted that “diligent inquiry has been made as to the
    whereabouts” of Deborah but that she could not be found. On June
    8, 2000, two vehicles belonging to Ralph and Deborah were
    repossessed at their Milford home. Both of the vehicles were
    secured with loans from Bank One.
    Deborah never answered the foreclosure complaint or appeared
    in court on the foreclosure action. On June 23, 2000, Bank One
    filed amotion for entry of an order of default. On July 12,2000,
    the trial court entered a judgment of foreclosure and sale against
    Deborah. On January 3, 2001, the trial court entered an order
    confirming sale and an order of possession to be effective in 30
    days. On February 3, 2001, Bank One took possession of Deborah’s
    Manito home. On November IS, 2001, Bank One sold the property to
    a third party.
    In March 2005, Deborah, her husband, Ralph, and their
    business, Manito Machinery, Inc., filed a complaint against
    defendants. In April 2005, Deborah filed two petitions for
    bankruptcy. In her petitions, she denied being a party to any
    litigation or filing any claims in the past’ year. By March 2006,
    I
    both of Deborah’s bankruptcy cases had been dismissed.
    In January 2007, defendants filed motions to dismiss
    plaintiffs’ complaint. In June 2008, the trial court granted
    2
    defendants’ motions and dismissed the complaint without prejudice,
    allowing plaintiffs to replead.
    In August 2008, Deborah and Manito Machinery, Inc. filed an
    amended complaint, alleging abuse of process and conversion against
    defendants. The amended complaint alleged that defendants
    unlawfully destroyed personal property, including computers
    belonging to Manito Machinery, that was in Deborah’s Manito horne
    when Bank One took possession of it. The complaint further alleged
    that Ralph, on behalf of Deborah and Manito Machinery, demanded
    that defendants return the computers and other personal property in
    April and October of 2001. Defendant Codilis’ representative told
    Ralph that he would have to hire an attorney and file a complaint
    to obtain the property.
    Defendants filed motions to dismiss plaintiffs’ amended
    complaint pursuant to section 2-615 and 2-619 of the Code of Civil
    Procedure (Code) (735 ILCS 5/2-615 and 619 (West 2008)). The trial
    court granted defendants’ motions and dismissed plaintiffs’ amended
    complaint with prejudice. Deborah and Manito Machinery appeal the
    dismissal of their conversion claims.
    ANALYSIS
    Dismissal on the pleadings pursuarit to section 2-615 of the.
    Code is proper when a complaint does not contain allegations of
    fact sufficient to state a cause of action. Becker v. Cold, 249
    Ill. App. 3d 857, 860-61, 619 N.E.2d 765, 768 (1993). A section 2-
    619 motion to dismiss should be granted when affirmative matter
    defeats the claim or operates to bar its legal effect. Stinnes
    3
    Corp. v. Kerr-McGee Coal Corp. , 309 Ill. App. 3d 707, 712, 722
    N.E.2d 1167, 1171 (2000). When ruling on a motion to dismiss
    pursuant to section 2-615 or 2-619, the trial court must interpret
    all pleadings and supporting documents in the light most favorable
    to the nonmoving party. Stinnes Corp., 309 Ill. App. 3d at 712,
    722 N.E.2d at 1171.
    We review de novo a trial court I s ruling on a motion to
    dismiss. Stinnes Corp., 309 Ill. App. 3d at 712, 722 N.E. 2d at
    1171.
    I. DISMISSALONTHEPLEADINGS
    Plaintiffs argue that the trial court erred in dismissing
    their claims because they pleaded all of the elements necessary for
    conversion. Defendants respond that the trial court properly
    dismissed plaintiffs’ conversion claims because plaintiffs
    abandoned their property.
    A trial court should dismiss a cause of action on the
    pleadings only if it is clearly apparent that no set of facts can
    be proven which will entitle the plaintiff to recovery. Wright v.
    City of Danville, 174 Ill. 2d 391, 398, 675 N.E.2d 110, 115 (1996).
    Conversion is an unauthorized assumption of the right to
    possession or ownership of personal property. Fortech, L.L.C. v.
    R.W. DunltemanCo., Inc., 366 Ill. App. 3d 804,809,852 N.E.2d 451,
    456 (2006). A complaint for conversion must allege: (1) an
    unauthorized and wronqfu l assumption of control, dominion, or
    ownership by a defendant over a plaintiff’s personalty; (2)
    plaintiff’s right to the property; (3) plaintiff’s right to
    4
    immediate possession of the property, absolutely and
    unconditionally; and (4) demand for possession of the property.
    Voutiritsas v. Intercounty Title Co. of Illinois, 279 Ill. App. 3d
    170, 186, 664 N.E.2d 170, 181 (1996).
    Abandonment is a complete defense to an action for conversion.
    18 Am Jur. 2d Conversion §102 (2010); Schmidt v. Stearman, 98 Ark.
    App. 167, 175, 253 S.W.3d 35, 42 (2007); Weicht v. Suburban
    Newspapers of Greater St. Louis, Inc. , 32 S.W. 3d 592, 597 (Mo.
    App. 2000); Johnson v. Northpointe Apartments, 744 So. 2d 899, 905
    (Ala. 1999); Rinden v. Hicks, 119 N.H. 811, 813, 408 A.2d 417, 419
    (1979). “There is no conversion when a plaintiff has abandoned, or
    apparently abandoned, his property before a defendant takes
    possession of it.” Boston Educational Research Co., Inc. v.
    American Machine & Foundry Co., 355 F.Supp. 1272, 1277 (D. Mass.
    1973), aff’d, 488 F.2d 344 (1st Cir. 1973) .
    .Property is considered abandoned when the owner, intending to
    relinquish all rights to the property, leaves it free to be
    appropriated by another person. Bell Leasing Brokerage, LLC v.
    Roger Auto Service, Inc., 372 Ill. App. 3d 461, 467, 865 N.E.2d
    558, 564 (2007). As a general rule, abandonment is not presumed,
    and the party seeking to declare an abandonment must prove the
    abandoning party intended to do so. Michael. v. First Chicago
    Corp., 139 Ill. App. 3d 374, 382, 487 N.E.2d 403, 409 (1986). The
    determination of whether a party’s acts and conduct amount to
    abandonment is generally a factual determination to be made by the
    trier of fact. See Bell Leasing Brokerage, LLC, 372 Ill. App. 3d
    5
    at 467, 865 N.E.2d at 564.
    Here, plaintiffs alleged in their amended complaint that (1)
    defendants wrongfully assumed possession and control over
    computers and other tangible personal property belonging to
    plaintiffs; (2) plaintiffs, as the owners of the personal property,
    had rights to it; (3) plaintiffs had the right to immediate
    possession of the personal property, absolutely and
    unconditionally; and (4) Ralph, on behalf of plaintiffs, demanded
    that defendants return the property, but defendants refused. Thus,
    plaintiffs have alleged all of the elements necessary to establish
    a conversion.
    Nevertheless, defendants contend that the trial court properly
    dismissed plaintiffs’ complaint because plaintiffs abandoned their
    personal property by failing to obtain it prior to the foreclosure.
    They rely on the general rule that anew owner who takes possession
    of real property is not liable for conversion of personal property
    found on the real estate if the former occupant fails to retrieve
    it for a significant period of time. See Boston Educational
    Research Co., Inc., 355 F.Supp. 1272 (5 months); Rodgers v. Crum,
    168 Kan. 668, 215 P.2d 190 (1950) (13 months); Row v. Home Savings
    Bank, 306 Mass. 522, 29 N.E.2d 552 (1940) (more than 12 months) .
    We find that the general rule does not apply in this case, where
    plaintiffs alleged that defendants did not properly notify them of
    the impending foreclosure action.
    Defendants had a duty to make an honest attempt to see that
    Deborah had notice of the foreclosure proceedings involving her
    6
    property. See Romain v. Lambros, 7 Ill. 2d 206, 212, 129 N.E.2d
    739, 742 (1955). Diligent inquiry requires “an honest and welldirected
    effort to ascertain the whereabouts of a defendant by
    inquiry as full as circumstances permit.” Bank of New York v.
    Unknown Heirs and Legatees, 369 Ill. App. 3d 472, 476, 860 N.E.2d
    1113, 1117 (2006); see also First Federal Savings & Loan Ass’n of
    Chicago v. Brown, 74 Ill. App. 3d 901, 907, 393 N.E.2d 574, 578
    .(1979) (checking employment records· and court records may be
    necessary for diligent inquiry) .
    Here, plaintiffs’ complaint alleged that defendants did not
    conduct a diligent inquiry to determine her Milford address before
    instituting its foreclosure action against her. Plaintiffs alleged
    that defendants should have known Deborah’s whereabouts based on
    the returned summons indicating that she was living in Milford and
    because two vehicles secured by loans from defendant Bank One were
    repossessed at her Milford home. Plaintiffs’ complaint alleged
    that Deborah did not have actual knowledge of the foreclosure
    action because defendants failed even to explore the sheriff’s
    notation of her Milford residency or Bank One’s own corporate
    records. Plaintiffs argue that if Deborah had been properly
    notified of the foreclosure action, she would have known that Bank
    One was seeking an order for possession of her property and would
    have been able to retrieve her belongings before the court granted
    Bank One an order of possession.
    We find that plaintiffs’ allegations of defendants’ failure to
    properly notify Deborah of the foreclosure action creates a
    7
    question of fact as to whether the elements of abandonment were
    proved. Thus, the trial court erred in dismissing plaintiffs’
    conversion claims on the pleadings.
    II. DISMISSALASA MATTEROFLAW
    Defendants argue that even if plaintiffs stated a cause of
    action for conversion, their complaint should be dismissed because
    it is barred by (1) judicial estoppel, (2) res judicata, and/or (3)
    laches.
    A. Judicial Estoppel
    Defendants contend that plaintiffs are barred by judicial
    estoppel because Deborah failed to disclose her conversion claims
    against defendants in her bankruptcy petitions. They argue that
    even though her bankruptcy petitions were dismissed, Deborah
    benefitted from the bankruptcy proceedings because they temporarily
    prevented creditors from pursuing claims against her.
    Judicial estoppel prevents a party from asserting inconsistent
    posi tions before courts in separate proceedings in the hope of
    receiving favorable judgments in each proceeding. Dailey v. Smith,
    292 Ill. App. 3d 22, 27, 684 N.E.2d 991, 1004 (1997). For judicial
    estoppel to apply, the following elements must be established: (1)
    the party estopped must have taken two positions; (2) that are
    factually inconsistent; (3) in separate judicial or quasi-judicial
    administrative proceedings; (4) intending the trier of fact to
    accept the truth of the facts alleged; and (5) have succeeded in
    the first proceeding and received a benefit thereby. Giannini v.
    KumhoTire U.S.A., Inc., 385 Ill. App. 3d 1013, 1018-19, 898 N.E.2d
    8
    1095, 1100-01 (2008).
    A debtor may be barred by judicial estoppel from pursuing a
    claim that she failed to disclose in her bankruptcy petition. See
    Dailey, 292 Ill. App. 3d at 28-29, 684 N.E.2d at 995-96. However,
    judicial estoppel does not apply when the bankruptcy proceeding
    ended in dismissal of the bankruptcy petition. See IBF
    Participating Income Fund v. Dillard-Winecoff, LLC, 275 Ga. 765,
    766, 573 S.E.2d 58, 60 (2002); Hampton Tree Farms, Inc. v. Jewett,
    320 Or. 599, 611-12, 892 P.2d 683, 691 (1995). The Georgia
    Supreme Court explained:
    11 [N]o benefit and unfair advantage results from a
    dismissal since its effect is to return the debtor and
    creditors to the status quo ante, with the debtor again
    liable for its debts and creditors free to use all legal
    remedies available to collect thereon. 11 IBF
    Participating Income Fund, 275 Ga. at 766, 573 S.E.2d at
    60.
    Here, Deborah’s· bankruptcy petitions were dismissed. We
    rej ect defendants’ contention that judicial estoppel, nevertheless,
    applies because Deborah benefitted from the bankruptcy proceedings.
    Judicial estoppel requires not only a benefit from an earlier
    proceeding but success in the first proceeding. See Giannini, 385
    Ill. App. 3d at 1018-19, 898 N.E.2d at 1100-01. A dismissal is not
    a successful result. Thus, judicial estoppel does not apply. See
    IBF Participating Income Fund, 275 Ga. at 766, 573 S.E.2d at 60;
    Hampton Tree Farms, Inc., .320 Or. 599, 892 P.2d 683.
    9
    B. Res Judicata
    Defendants argue that plaintiffs’ conversion claims are barred
    by res judicata because plaintiffs did not raise them in the
    foreclosure action.
    For the doctrine· of res judicata to apply, the following
    elements must exist: (1) a court of competertt jurisdiction renders
    a judgment on the merits; (2) an identity exists between the causes
    of action; and (3) there exists an identity of parties or their
    privies. Lenny Szarek, Inc. v. Workers’ Compensation Commission,
    396 Ill. App. 3d 597, 603, 919 N.E.2d 43, 49 (2009). A subsequent
    suit is not barred by res judicata where the facts alleged in the
    second action arose after the termination of the prior litigation
    and the issue in the second litigation differs from the first.
    Chicago Title and Trust Co. v. County of Cook, 120 Ill. App. 3d
    443, 454, 457 N.E.2d 1326, 1333 (1983).
    The Supreme Court of Wyoming has held that res judicata does
    not prevent a mortgagor from bringing a conversion claim against
    his lender following a foreclosure. See Cockreham v.· Wyoming
    Production Credit Ass’n, 743 P.2d 869, 872 (1987). The court found
    that res judicata did not apply because the foreclosure was entered
    before the events giving rise to the conversion claim occurred.
    Cockreham, 743 P. 2d at 872. Since the cause of action in
    conversion arose subsequent to the foreclosure judgment, it was not
    barred by res judicata. Cockreham, 743 P.2d at 872.
    We agree with the Wyoming Supreme Court’s decision in
    Cockreham. In this case, the events giving rise to defendants’
    10
    alleged conversion did not occur until after the foreclosure
    judgment was entered. Plaintiffs’ conversion claims are not barred
    by res judicata.
    C. Laches
    .Finally, defendants Codilis and Donahue argue that plaintiffs’
    conversion claims are barred by laches because plaintiffs did not
    file their complaint until several years after the alleged
    conversion took place. In their motion to dismiss, they argue that
    ??[h]ad plaintiffs filed suit earlier, it is very likely that
    Codilis or Bank One would have been able to retrieve or preserve
    the items plaintiffs claim were wrongfully taken.”
    Laches is an equitable doctrine that precludes the assertion
    of a claim by a litigant whose unreasonable delay in raising the
    claim has prejudiced the opposing party. In reMarriage of Smith,
    347 Ill. App. 3d 395, 401, 806 N.E.2d 727, 732 (2004). The party
    citing laches as a de f errae. to a claim must plead and prove two
    elements: (1) lack of diligence by the party asserting the claim
    and (2) injury or prejudice to the opposing party resulting from
    the delay. Patrick Media Group, Inc. v. City of Chicago, 255 Ill.
    App. 3d 1, 7, 626 N.E.2d 1066, 1071 (1993). A defendant must
    allege prejudice or hardship rather than mere passage of time and
    must demonstrate that the delay induced him to adversely change his
    position. Cannella v. Village of Bridgeview, 284 Ill. App. 3d
    1065, 1071, 673 N~E.2d 394, 398 (1996). Speculation that a party
    might have proceeded differently is insufficient to establish harm
    as a result of an opposing party’s delay. Cannella, 284 Ill. App.
    11
    3d at 1072, 673 N.E.2d at 399.
    The statute of limitations for a conversion action 1S five
    years. 735 ILCS 5/13-2005 (West 2008). When a claim is not barred
    by a limitations period, laches will not apply unless special
    circumstances make it inequitable to grant the relief requested.
    Smith, 347 Ill. App. 3d at 401, 806 N.E.2d at 732. The defendant
    bears the burden of establishing that special circumstances justify
    the application of laches. See Smith, 347 Ill. App. 3d at 403, 806
    N.E.2d at 733.
    Here, plaintiffs brought their action within the applicable
    five year statute of limitations for conversion. Defendants have
    failed to allege special circumstances that would defeat
    plaintiffs’ conversion claim. According to plaintiffs’ complaint,
    plaintiffs’ representative asked defendants to return plaintiffs’
    personal property approximately three months after defendants took
    possession of it. Approximately three-and-a-half years later,
    plaintiffs filed suit. Plaintiffs’ actions do not demonstrate a
    lack of diligence that justifies the application of laches.
    Furthermore, defendants have failed to allege facts
    establishing that they were prejudiced or injured by the
    plaintiff’s delay in filing their conversion action. Rather, they
    speculate that if plaintiffs’ complaint had been filed sooner, they
    may have been able to retrieve or preserve plaintiffs’ property.
    Absent specific facts regarding how and when plaintiffs ‘ delay
    caused defendants to adversely change their position, defendants’
    laches defense fails. See Cannella, 284 Ill. App. 3d at 1071, 673
    12
    N.E.2d at 398.
    CONCLUSION
    The order of the circuit court of Peoria County is reversed
    and the cause is remanded for further proceedings consistent with
    this order.
    Reversed and remanded.
    LYTTON, J., with CARTER concurring.
    O’BRIEN, J., concurs in part and dissents in part.
    13

  4. Count me in .we gone throurgh hell with this bank.They foreclosed our home while HAMP application is in process.Please count me in.Very grateful for this website.

  5. Need an attorney. To contact me reguarding an illegal foreclosure in Alabama.
    * Was told Modifiaction was approved…then they unapproved it.
    * Was told once I got a quit to claim deed signed by husband they would approve it…they didn’t.
    *Lost the quit to claim deed. Had to re-Fax it.
    *Constantly lost paperwork/ it would expire..but not really expire..Crazy frustration…most people would just give up…I can’t my house is on faimly land…I will not give up! They will not keep this Southern Girls Land…or Home.
    * Then they said they would apporve the modificaton… if I would sign a quit to claim deed completely back over to my husband.
    * I was told to stop making payments or the would send them back.
    * They put house in foreclosure.
    * Was told it was not in foreclosure and was canceled. that all the paperwork was in an it was at the underwriters.
    * Then they foreclosed 18 days latter.
    * Me and my 2 kids had 10 days to get out.
    * The mortgage was insured by Fannie Mae. Fannie Mae owns my house with its $150,000 equity Appraised on of OCT>08
    * Fannie Mae will not even call me back!
    BEWARE OF CHASE / JP MORGAN

    • We live in ALabama, our home loan was through Accredited Home Loans and it was sold to Chase Home Finance. We have a payment which was a money order through the US Postal Service. This money order was sent in March 09, it was finally found in Oct ’10. Meanwhile, our credit was damaged and when we tried to get an auto loan in the fall of 09 we were denied because of Chase’s screwup. Now we are trying to get documents to show where they finally credited our account several months later. THey refuse to do this. We will join in any and all lawsuits in regards to Chase.

  6. I need an attorney to sue the dickens out of Chase Home Finance. They have put me through hell regarding the foreclosure of my home when the making home affordable people said I was entitled to the loan modification. I am in Ohio. I was just turned down for the 7th time. They keep jerking me around saying the reason is I don’t make enough money and then that I make too much. Finally they said the last time I don’t make enough money. I am on low income (the reason I need the modification in the first place) and I lost income when my mom passed away and I lost her income. She was on the loan with me and I was her caregiver as she had dementia. So I need in on a class action lawsuit and if anyone can help me with this please email me at [email protected] God bless.

  7. Back in November of 2009 I was behind one payment because my husband had been laid off from work. So, I decided to try for a modification. I was pre-qualified over the phone. The guy that I talked to told me that I didn’t have to make the past due payment or December’s payment and starting January 1, 2010 I will be making my modified payments. I thought that was strange, but agreed. He said in the mean time I should be receiving a packet in the mail with a list of items that I would need to mail back to them to verify what I told them in order to be pre-qualified. Come the end of December 2009 I called to make my first modified payment for January 1st. The lady that I had talked to said that she could not accept an early payment during a modification trial and that I would have to call back January 1st or later. Again, thought it was strange, but said okay. At that point I asked her where my packet was (because I hadn’t received anything yet) and she claimed that it was on it’s way and everything looked good and not to worry. I called back early January to make my payment. They accepted it. Again, I asked where my packet was. I was told the same thing. Beginning of February came and I called to make my 2nd modified payment. It was accepted. I, AGAIN, asked where my packet was. At this point, I was paranoid that I would be denied modification based on the fact that I had not been able to send in any information. She told me that my file was still in review and the packet should be out shortly. At this point, I am very frustrated and nervous!! Long story short…I never received my packet throughout my trial period, was denied modification (apparently in January) and never notified of anything! My house went into foreclosure. I fought for more modification programs and kept getting pre-approved for them. They went no where!! I kept getting foreclosure dates scheduled over and over again. I could never get the same answer from 3 different people in one phone call. As a result, Chase put us WAY behind. Luckily for us, they sold our mortgage to a company called IBM LBPS, Inc. They have been more helpful than Chase ever was. I am currently enrolled in a modification program, again. I have a foreclosure date scheduled for January 2011 if my trial period does not pan out. If it wasn’t for Chase, I would never be this far behind!!!! Is there anything I can do?? I have cried so much over this!

    • Hi Jessica,

      I am in the same situation as you. Chase had sold my account to IBM LBPS. I am wondering do you want to share with me what happen next? Are you able to save your home. Thanks

      Amy

  8. I want in on a lawsuit against Chase Home Finance in Ohio. Want an attorney or information regarding the pre-foreclosure of my home. Was turned down because I didn’t make enough money and then they said I made too much. I am desperate here. Please contact me.

    • Please contact me regarding Ohio Chase Home FInance or JP Morgan Chase home loan issues in particular loan modification problems, lock out situations, or forced place insurance issues. My number is (216) 225-9511

  9. I would like to speak with folks from Washington state who are being forclosed on by chase. what is happening to us is unbelieveable!!! I would be interested in participating in a class action lawsuit. Too long of a story, but basically, they lied, lost paperwork, stopped paying our home insurance which was escrowed, lost payments I sent in, it goes on and on. Right now I am pursuing this with Fannie mae our loan holder, Chase services the loan, Chase is in violation of the service contract they have with Fannie Mae to service our loan (and thousands of others). What I want to know is how can I compell Fannie Mae to enforce the conditions of the servicing contract they have with Chase?

  10. We suffered thru the modification process..long story short and many issues not discussed here, after 16 months of sending endless paperwork our house note is now over $400.00 more than the original note & we owe 16,000.00 more than our original principle….we were told we had to come up with the 16k to return to our original loan and continue our original payment…Yeah right…we are now with IBM (still chase I am told)….we contacted an attorney and were told that Chase had enough resources to crush us….One attorney was intrested with a 10K retainer…..We need help in Louisiana before we get foreclosed on.

  11. I would like to know how Chase pays all the attorneys to stay away from class action suits against them. There is probably over 100,000 people who would join a suit against Chase but there is no attorneys or firms that want to start something . I am beginig to think that these attorneys are scared to do something.Has the bar told them back off we get funding from them, or we will disbar you if you sue them. I have to wonder.

  12. I am in CO w/ a 1.7 miilion Option ARM. Chase is pretty much making up payments at this point. I would like to sue them. Nothing they’re referrinfg to is in the Note. How do I go about suing them?

  13. There has to be something we can do about CHASE! This has been the worst nightmare of my life, dealing with this company! They have done the same to us about the modification, their attorneys, extra money they have charged us! And now a higher payment. Because they couldn’t wouldn’t get it in gear, losing paper work,or whatever they could come up with! If they call this helping us i sure don’t want or need anymore of thier help…….! I’m in Arkansas, if any one here can or will file suit against CHASE, PLEASE contact me at my email address- [email protected]. OR maybe if enough of us team up we can do something! Good Luck to everyone!

    • i am with her there out to be something we can do lets start our own
      _____________________________________________________________________
      SIGN UP SHEET BY STATEt

      Arkansas Arizona California

      1. Debbie Eversole 1. 1. Donna Platzer
      2. 2. 2.
      3. 3. 3.
      4. 4. 4.

  14. I just heard news of Chase being sued for billions because of fraudulent mortgages…Doeas anyone know anymore information on this suit? We also have been dealing (i should say fighting) with Chase for almost 2 years over a home modification and have gotten nothing but the runaround. We were told the modification was approved (given a set payment plan with due dates and everything) and to NOT make any payments until we recieved certified copies of the agreement. Never recieved any certified mail from them other than letters requesting further documents that we had already faxed to them. If there is a clas action suit going on for the injustice these people have created, my husband and I would be greatful to obtain more information on this…and even a person to contact if there is such a person.
    Thankyou, and I wish the rest of you luck dealing with this poor excuse of a business. I can be reached via Email at [email protected]

  15. Chase Home Finance just refused to let me make a mortgage payment with my credit card. They want a check, money order or cash. What the F*** is the difference ?

  16. I’m disapointed and completely fed up with Chase Home Mortgage. I’ve made two attempts to modify my home and the first time they said I made too much money and the 2nd time they said I did not make enough. I have good reason to believe that they manipulate the NPV test that is required on each Gov modification they do to their advantage so that less folks can qualify for a mod. I worked for a lender who processed modifications in the past and I knew they manipulated certain aspects of the Gov mod eligibility criteria. I’m glad I left that business for good. Lenders such as Chase are all in favor of the their Investors interests not their customers. Not only did Chase deny me of a government loan modification but they have ruined my credit by putting me on some stupid temporary Unemployment Modification Forbearance/trial period for 3 months due to being laid off of my job recently. They only reduced my $3,500 dollar mortgage payment by $500.00 dollars per month for 3 months and have stopped reporting the reduced payments to the credit bureaus. This has resulted in dropping my credit score from 730 to 600. Now my credit cards have gotten wind of this and are reducing my credit lines and or cancelling me. I rely on my credit to keep my business running. There has to be some justice done about this kind of stuff. We need our voices heard by our congressmen and senators.

  17. Did the loan mod and went through the three month trial, at the end of the three months we were denied the loan mod due to bankruptcy being filed. Can’t tell you how many times i have been on the phone with them for some type of help and i got nothing. We fell behind on the payments and!!!!,@#*%%^#@!!! We just got papers to be in court on jan-5-2010 for the motion for relief from automatic stay, chase is out for Chase. Hope if they get it they can sit on it, Its not worth what i owe on it but it is our home, its nothing to them. Anyone got a new idea send me a email.. [email protected]… OH, do not pay a outside company that claims they can help save your home… Did that and lost $1000.00, the law firm was Campbell law firm out of florida!!!! What a rip off!!!!!

  18. i been trying to work with my bank (chase) for a load mod for the pass 2 years. Reason i left me behind to begin with was because i wife loss her job. 1st. I was denied because of low income. 2nd time i got a trial for 3month of $720 after the trial period i was ask to re-summit all the paper work again, call after call and them changing the person dealing with my case my wife found a job and re-summit it all the paper work again with my wife income info. My wife called them again and she was told that we were denied again for one of the programs but they will try some other programs available, but if my wife would have called we would never had found out that we were denied. Now the 2nd week of December i got a letter telling me that am getting a 3 month trial of $1800 so how did it go from my 1st trial being $720 to $1800?????? I have heard from a lot of people online and radio about chase going around in circle and never resolving MODS. Can someone tell me if there any class action for chase in New Jersey? e-mail me [email protected]

  19. Chase Home Finance LLC Columbus, OH Just got a letter last week dated Dec.2,2010 stating my trial plan was terminated. I never had a trial plan! I applied for a modification, but got tired of having to run paper-work repeatedly across the county and I eventually told the HUD “help” folks to forget it. The letter says that “during your trial plan, Chase may have paid property taxes, homeowner’s insurance premiums or other costs on your behalf.” I paid my regular, unmodified mortgage payments and my taxes on time – what right did they have to interfere in my free choice of when to pay my taxes or what insurance carrier I had? I tried calling the number on the letter “Customer Care” – blah blah… They are useless. “You are responsible for all current and future tax and insurance premium amounts payable. Failure to pay these obligations could result in the loss of your home due to a tax sale or non-reimbursable casualty losses.” – I always WAS responsible for them – and met my responsibilities. They also froze a home-equity line of credit I did not know I even had – I was told it was supposed to be a standard 30 year mortgage, but a “hybrid.” I’m a 60 year old displaced homemaker trying to get an Associate’s Degree – I just wanted my interest rate reduced to make my home affordable until I qualify for a job!

  20. I have went through everything stated on this page with chase. I live in East Liverpool, Ohio and need an attorney to file a law suit. If anybody can help please let me know asap. thanks

  21. I live in California and have also been trying to get a loan modification from Chase for two years just to be told the over and over that the investor’s did’nt approve it.To continue making the payments, resend the paperwork and to try again. Does anyone knows of a successful attorney in California already suing Chase for other clients?

  22. I have been dealing with Chase for just under 2 years now trying to get a modification. They keep telling us we are missing paperwork or they did not receive it on time. This is simply not true. My wife keeps very very meticulous records of every document sent with fax confirmations, phone calls, and emails. Today they tell us we have been rejected because my wife doesnt have enough income. How is this possible? If we could afford a full payment why would we want modification? I am in Kansas and am interested in contacting an attorney.

  23. I live in columbus, OH and need help finding an attorney who will fight chase home finance. Been asking for a mod now for over two years, finally received the trial modification through the court mediation, did everything I was suppose to and then some….Chase is now saying that they never received my packages, of which I have proof they signed for them….requested help from the Ohio AG’s office, and not getting anywhere with them currently. Someone please help. I just want to keep my home.

    • Hilary,

      I located in Arizona where housing values have dropped as much as 70%!! We made a $90,000 down payment on our home in 2003, and our home is not worth near as much as we owe. When the gopvernment’s irresponsible actions destroyed the economy, my husband had to take a job make 50% less than he had been making. All we wanted to do was change the terms of our loan from 15 years to 30 years. Because our home is worth less than we owe, our only opportunity to refinance our home is through a government program.

      We are fighting Chase Mortgage who granted us our loan remodification in April 2010 after eight months of trial payments. We started the process with Platinum Legal Service, Inc., in Santa Ana, CA in March of 2009. (Their president, Derek Robertson, charged us $2800, never delieverd on their promise, and is now out of business.)

      We discovered on December 10, 2010 that our loan remodification that we’ve already made seven payments towards was denied! We only found out because I called to find out why they still had not updated our monthly mortgage notice to reflect the remodification we received.

      Chase NEVER told us that our loan had been denied until I called them on December 10th.

      To the contrary, I spent two hours on the phone with Chase in July 2010 to make sure everything was perfect. The woman assured us the we had received the loan remodification, but it would take a couple months for the paperwork to catch up because they were working on so many of these. The women even told me to ignor any future phone calls and letters telling me otherwise.

      With regard to the document Chase told you they did not receive, Chase tried that with us to. We returned our loan modification paperwork via Federal Express. It arrived one day before the due date. First I received a phone call saying we blew it because we did not return the paperwork on time. A couple weeks later we received a letter saying that we hahad not returned the paperwork on time. I called Chris at Chase and I forced them to check Fedex tracking and they later admitted they had in fact received the paperwork.

      Our attorney general’s office recommend a group for us to speak with. We have a meeting with tem tomorow. I don’t remember the name of the group, but I’ll contact you with the information you need after our meeting.

      Be careful. I believe Chase Mortgage is trying to cheat their customers. A friend of mine who is a broker told me that the banks get stimulous money from the government if they foreclose.

      Short sells vary from state to state. In Arizona, if we sell our house for less than we owe, we are personally responsible for the difference. In our case that could be $100,000. A short sell ruins your credit for two years.

      A foreclosure is covered by the government, and your credit is ruined for five years. If you get forced into foreclosue, and you have a lot of credit card or other debt, you’re almost better off with a total bakrupcy that ruins your credit for seven years, but lets you start over with no debt.

      I do not believe the tax payers should be forced to pay other people’s debt, but in many cases the banks are forcing people into foreclosure and bankrupcy over a problem that was created by our government and their endless spending and giving home loans to people who never should have been allowed to have them to begin with.

      In Arizona, Bank of America was giving mortgage loans to illegals aliens. If you’re in America illegally and you bought false documentation so that you could get a job and buy a home…..and then you lose your job or your home decreases in value by 50% in one year, do you think you might be motivated to dumpthe home and purchase new fake documents? Why are our banks and our government too stupid to figure this out?

      Also, I’m old enough to remember people who had ARM loans losing their homes back in the 70’s when home interest rates reached 21%. An ARM should only be used as a bridge loan for when you’re selling your house, but you’ve found the new home of your dreams before your house sold. Many people took out five year one percent interest rate ARM loans that have a balloon payment after five years. The HOPE is that the buyer will be earning more and the buyer’s house will have apprciated. People who got those ARM loans on 2005 and 2006 are NOT going to be able to refinance a home that’s now worth considerably less than the buyer paid for it. This is goingf to result in more foreclosures and more downward pressure on housing values.

      To the banks who made these loans and the government who allowed these loans, HOW STUPID ARE YOU?

    • Hilary, Contact your attorney general regarding Chase Mortgage. They are already suing Barclays Capital for thed same thing. See the us Treasury website below:

      http://nationalmortgageprofessional.com/us-department-treasury?page=5

      Ohio AG Cordray files suit against HAMP servicer Barclays Capital Real Estate d/b/a HomEq Servicing Fri, 2009-12-18 16:07 ? NationalMortgag…

      Ohio Attorney General Richard Cordray has announced a lawsuit filed against Barclays Capital Real Estate d/b/a HomEq Servicing, headquartered in New York, for

      issuing unfair loan modification agreements and providing inadequate, incompetent customer service

      to Ohioans who were at risk of losing their homes to foreclosure. HomEq is a participant in the federal Home Affordable Modification Program (HAMP).

  24. OMG! My story with Chase ? we requested a loan modifiction almost two years ago due to an unexpected increase in my payment (to include escow $$$$) which followed by a reply of ?you are not approved?! Then one year later I find 4closureFRAUD that has followed filing bankruptcy!

    Today? I get a letter in the mail stating I qualfiy for a remodification! OMG!

    • .Tracy,

      Read my last post dated January 10, 2011. Using the legal terms provided, get yourself a non-profit lawyer group and sue for damaged. I have been informed that you do not have to use a lawyer when you sue. Since you signed your contract in your city and state, you may chose to sue in a court in your city and state. You will want to demand a jury trial. There are enough people in this country who have had something like this happen to someone they know that you have a much better chance of winning.

      You will need to have legal subpoenas issued to Jamie Dimon, the president of JP Morgan Chase & Co., N.A. and to David B Lowman, the president of Chase Home Finance, LLC, which is a wholly owned subsidiary of JP Morgan Chase Bank & Co., N.A.
      Although you have been dealing with Chase’s Home Lending division located in Columbus, OH, the subpoenas need to be delivered to their legal division, which is Chase Home Finance, LLC located at 194 Wood Ave S., Iselin, NJ 08830. I was unsuccessful in getting a phone number for this facility, but it is an actual facility, not a post office location.

      If you are intimidated about going to a regular court, you can take your case to small claims court. This will limit the amount you can win. Check with your state and find out what the top amount is that small claims court can pay you. In small claims court, Chase may not use their lawyers. The small claims court can make his decision based the preponderance of the evidence, which is much easier for the average person to prove.

  25. Dear Homeowners who are being abused by Chase Home Fininace, LLC which is a wholly owned subsidiary of JP Morgan Chase & Co., N.A.

    After reading hundreds of stories on numerous website, I have noticed that too many of the stories are almost the same, just different states. There are some legal terms that you need to be aware of as you fight JP Morgan Chase & Co., N.A. The terms you need to be aware of are: REASONABLE RELIANCE, AGENT, BREACH OF CONTRACT, AND ANTICIPATORY BREACH. The legal definition for these terms comes from the website: http://dictionary.law.com/ The definitions are listed below. The reason that you need to know these terms is that they are your legal hope in winning your case against Chase.

    REASONABLE RELIANCE
    n. particularly in contracts, what a prudent person would believe and act upon if told something by another. Typically, a person is promised a profit or other benefit, and in reliance takes steps in reliance on the promise, only to find the statements or promises were not true or were exaggerated. The one who relied can recover damages for the costs of his/her actions or demand performance if the reliance was “reasonable.” If the promisor says he “owned the Brooklyn Bridge,” reliance on that statement is not reasonable. In a complaint the language would read something like: “in reasonable reliance on defendant’s statement (or promise), plaintiff did the following?.”

    AGENT
    n. a person who is authorized to act for another (the agent’s principal) through employment, by contract or apparent authority. The importance is that the agent can bind the principal by contract or create liability if he/she causes injury while in the scope of the agency. Who is an agent and what is his/her authority are often difficult and crucial factual issues.

    BREACH OF CONTRACT
    n. failing to perform any term of a contract, written or oral, without a legitimate legal excuse. This may include not completing a job, not paying in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not providing a bond when required, being late without excuse, or any act which shows the party will not complete the work (“anticipatory breach”). Breach of contract is one of the most common causes of law suits for damages and/or court-ordered “specific performance” of the contract.

    ANTICIPATORY BREACH
    n. when a party to a contract repudiates (reneges on) his/her obligations under that contract before fully performing those obligations. This can be by word (“I won’t deliver the rest of the goods” or “I can’t make any more payments”) or by action (not showing up with goods or stopping payments). The result is that the other party does not have to perform his/her obligations and cannot be liable for not doing so. This is often a defense to a lawsuit for payment or performance on a contract. One cannot repudiate his obligations and demand that the other person perform.

  26. I have been in the never-ending Chase pretend loan modification for over 6 months. I don?t believe Chase intends to accept me in their modification program. Meanwhile, I am 9 months behind in my payments. The loan counselor has had me fax documents 3 times, each time saying that she did not receive this or that. The third time I sent faxes of the tax statements, I was told that my application for loan mod had expired, so I needed to re-apply. I would like suggestions on what to do because I think this is a run-around. I need other options. I am prepared to try to sell and move to an apartment because this is too stressful and time-consuming. Any suggestions?

  27. I have some encouraging information for those of you with adjustable rate mortgages. This may also apply if you bought at the height of housing demand. Sadly, this info will not help us because we bought on 2003 with a fixed rate mortgage.

    The information below has been cot and pasted from the following website. I do not believe there is any copyright infringement since this is information people need to know now. TILA is the TRUTH IN LENDING ACT, which was modified a few years ago in response to the mortgage lending crisis.

    http://nesaranews.blogspot.com/2010/09/foreclosure-california-chase-bank.html

    Tuesday, September 21, 2010
    Foreclosure – California – Chase Bank Defeat
    Submitted from a Skype reader St- Thanks

    Not sure if everyone has seen this one yet, but here it is anyway.

    KABOOM – PAUL NGUYEN v. CHASE BANK – Deed of Trust Voided, Promissory Note Rescinded, Absolute Victory
    Foreclosure Fraud | September 17, 2010 at 9:29 AM | Tags: 4closurefraud, bank fraud, bankruptcy, CASE NO. CV09-4589-AHM, cdo, cds, chase bank, deed of trust, fight the banks, Foreclosure Defense, Foreclosure Fraud, forgery, PAUL NGUYEN, rescission, securities fraud | Categories: Corruption, Fannie Mae, Foreclosure Fraud, Front Page, MERS, Mortgage Fraud, bankruptcy, cdo, cds, foreclosure, freddie mac, mortgage electronic registration system, securities fraud | URL: http://wp.me/pFWnq-2GS

    You all remember Paul Nguyen in California right???
    California Love ? Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al.
    I dont know how many people take it upon themselves to challenge their bank; but I was an experience I will never forget. I challenged Chase on my mortgage based on TILA violations. The bank retained a large law firm in So. CA with 3 lawyers. So much motions and procedures to learn and apply as the case moved along in the last year. Finally, the case went to trial yesterday. The court finally rendered judgment in plaintiffs? favor in voiding the deed of trust. As far as the outstanding loan, it is forfeited and the bank would have to take that lost. Furthermore, the court imposed statutory damages of $4k for each violations which amounted to about $16k.
    I am in the process of preparing the judgment for the court to sign along with tax cost. Believe it or not, I have expended over $10k in cost alone; which includes expert witness cost.
    So much research was done and I hate to see it goes to waste. If you have access to PACER, everything is there for public use. Best of luck to all fighting the bank now and keep up your spirit.
    Paul Nguyen
    Well then check this out…

    UNITED STATES DISTRICT COURT
    CENTRAL DISTRICT OF CALIFORNIA

    PAUL NGUYEN, et al.,

    Plaintiff,

    v.

    CHASE BANK USA, N.A., et al.,

    Defendants.

    CASE NO. CV09-4589-AHM (AJWx)
    ORDER OF DEFAULT JUDGMENT AND
    OTHER EQUITABLE RELIEF
    AGAINST CHASE BANK USA, N.A.;
    AND CHASE HOME FINANCE, LLCAND,
    JUDGMENT AGAINST FIRST AMERICAN
    LOANSTAR TRUSTEE SERVICES, LLC.

    IT IS THEREFORE ORDERED that the Deed of Trust recorded with Orange County Recorder as instrument No. 2007000731120 on 12/12/2007 is wholly voided as to plaintiff Laura Nguyen.

    IT IS FURTHER ORDERED that Defendant First American Loanstar Trustee Services record a DEED OF RECONVEYANCE to reconvey unto Plaintiffs thereto all right, title and interest which was heretofore acquired by First American Loanstar Trustee Services under deed of trust recorded with Orange County Recorder as instrument No. 2007000731120 on 12/12/2007.

    IT IS FURTHER ORDERED that all adverse claims against property known as 16141 Quartz Street, Westminster, CA 92683 are quieted. The legal description of said property is: LOT 44 TRACT NO. 8977, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 369, PAGE(S) 46 AND 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor?s Parcel No.: 107-903-44.

    IT IS FURTHER ORDERED that the Promissory Note dated 12/12/2007 executed by Plaintiff Paul Nguyen in favor of Chase Bank USA, N.A. rescinded pursuant to 15 U.S.C. §1635(i).

    IT IS FURTHER ORDERED that pursuant to 15 U.S.C. §1635(b), Plaintiffs had made offer to tender the loan evidenced by promissory note dated 12/12/2007 and Defendant Chase Bank USA, N.A. did not take possession within 20 days after tender by the Plaintiffs. Therefore, ownership of the loan proceed is vested in the Plaintiffs without obligation on their part to pay for it.

    IT IS FURTHER ORDERED that Defendant Chase Bank USA, N.A. within 20 days after entry of judgment shall return to the Plaintiffs any money or property given as earnest money, down payment, or otherwise pursuant to 15 U.S.C. §1635(b).

    IT IS FURTHER ORDERED that Plaintiffs are awarded their costs of suit, to be paid by Defendants Chase Bank USA, N.A. and Chase Home Finance, LLC, in an amount to be determined by the Clerk of the Court. DATED: September 15, 2010
    Posted by John MacHaffie at 4:48 AM
    Labels: Foreclosures

    ****
    I hope this helps some of you. Senator John Kyl has sent us a letter requesting more information on our case. Please pray we are successful in getting our April 2010 agreement reinstated.

  28. Gave CHASE HOME FINANCE over $80,000 in six years not including $19,300 down payment on a $143K loan. Loan started @ $123K now FANNIE MAKE took for $127K that CHASE says I owe. Paid in full a REPAYMENT PLAN & a FOREBEARANCE PLAN. Started applying for a LOAD MOD in May 2010. PMI company directed me to NOT MAKE PAYMENTS until CHASE works out MOD. Was directed by CHASE to resend documents over & over for MOD approval. CHASE DID NOT SELL my house at TRUSTEE SALE AUCTION on DEC 7,2010. FANNIE MAE took the loan//house.. CHASE sent us a letter that CHASE wrote on DEC 8,2010 after the TRUSTEE SALE, stating they are willing to work with us on other MOD PROGRAMS….TOOO LATE CHASE YOU HAVE DONE FORECLOSED ON US!!!! CHASE employees are confused & disorganized. WE feel like we did everything CHASE had asked of us. CHASE DOES NOT INTEND TO HELP YOU OR ME WITH ANY MODIFICATIONS.
    DISCOURAGED EX-HOMEOWNER(2nd home) from HOUSTON, TEXAS!!!!
    ALL WE WANT//WANTED WAS FOR OUR LOAN TO BE REWORKED TO MAKE IT MORE AFFORDABLE…EVEN REDO IT FOR ANOTHER 30 YEAR LOAN!!!!
    SIGN ME UP FOR ANY CLASS ACTION SUIT AGAINST CHASE HOME FINANCE HERE IN TEXAS!!!!

  29. Chase sucks…period. We just got denied on our HAMP request. After repeatedly faxing the same documents, providing tax returns, showing about a 1/2 reduction in income, etc. they said the investors denied the request on the basis that there wasn’t a substantial change. BS. We tried to do a straightline refi and were told we didn’t qualify due to debt/income. Now that same reason is not good enough for the HAMP. Just a huge run around. Don’t even know why I wasted so much effort on them.

    Now they are saying to apply for the government’s refinance program, that it is different than Chase’s regular refi. WTF. Sleezy scumbags.

    I’m in Texas.

  30. Please help! I am in misery in Missouri. Chase has been doing to us the stuff I read in a lot of these other posts, claiming to not get all the paperwork, etc. Thirteen months behind after they said to hold off on payments until the modification went through. I need to join a class act lawsuit while I still have my sanity. Send me the info I need, please!

  31. I am in the exact same position as everyone here have been dealing with them over a year now, one minute I qualify for loan mod then next I don’t, my judge denied foreclosure in may d/t apparent attempt by Chase to follow through with modification needless to say it hasn’t happened yet, I was advised to stop making payments until mod went through, I believe in power in numbers and am interested in class action lawsuit in Kentucky, email me at [email protected] if anyone has any information

  32. Wow! I am dismayed that there apears to be so many in the above situation. I am fortunate in that I don’t have chase as a mortgage company. However that company has done the same “lose of paperwork” with regards to disputed errors on a credit card statement. Has anyone thought to use the proliferation of lost paperwork against them in court? It seems to be a pattern of theirs. Maybe try sueing the US post office for failure to deliver? TIC Might get an investigation into the mysterious loss of so many registered letters.

  33. Im in Arkansas and have been going through most of the same with Chase. We found out in January that we were in foreclosure, sent in all the remodification paperwork twice and are waiting on the underwriters to process everything. Our sale date was set for March 22nd and today is Feb. 26th. I really need any advise I can get. My husband and I have contacted Chase several times and get almost no help. They told us they would not accept any payments from us while in foreclosure, making us owe even more. If any one has suggestions for what we can do please let me know. You can email me at [email protected] Im in arkansas so if anyone knows any laws, etc. that would help too. Thanks

  34. Your story, and so many others is IDENTICAL to ours. I had to clean out my 401K to make the $17,000.00 payment to keep my house out of foreclosure. Even as of today they are saying we paid the incorrect amount and are still a month behind. Chase sent us an amount, their attorney agreed the amount was correct thru February, According to Chase we are still not caught up. I spoke to several people and was given several different amounts to pay. They are a complete train wreck.
    I live in New York and would like nothing more than join a class action law suit.

  35. I have been going through hell with Washington Mutual, now Chase has my morgage. I had one bad chech in 8 years. Now they have drummed up all kind if charges. I have have sent proof that I could not owe them thousands and thousands of dollars. Constatnt phone loops with promises of this and that. No fill names or extensions are given to me. I have recorded some converstations , and when I mention I have proof by audio they hang up. Does anyone know any law firms handleing any lassaction law suits in reguards to the position I’am in. Thank you, ANGELO DI LUZIO
    CALL 740-859-1433 or e-mail [email protected]

  36. It seems to me that Chase is trying to take everyones houses. I was told that I am 7 almost 8 months past due because they put a stop payment on my account \for the loan modification period\. I was advised when I first started the modification to stop making payments, but I only let it fall the 2 months behind required for a modification, (somehow they have gained a third month ‘past due’)and continued to make payments until December when they put a stop payment into effect. I asked if I could pay the amount and cancel the modification and was told no because there was a stop payment on the account. THE STOP PAYMENT WAS SUPPOSE TO BE FOR THE MODIFICATION!!!! I think they are dragging their feet so that I lose my house. Any advise please help.

  37. Where are there National Class Actions against Chase. I can only find some state class actions. I am in KS.

    It seems there needs to be a national lawsuit in either a class action or mass joinder.

    Does anyone know???

  38. I to would like to join in on a class action suit. I have been fighting with chase for two years. Was told the same things as all the other people have written about. Chase sent me a letter about my modification in July. Told me if I agreed to the terms to sign and return, I did sign and return they signed off on it and returned it with thier signature . They signed off July 30, 2010, now they tell me I have to fill out another packet and that I am over $11,000.00 behind. They have all the new payments that I made with new interest rate and new payment schedule since Sept. 2010. Now they are holding my Feb. payment in suspension so they said, they have returned my March payment saying they could not accept it since I’m in foreclosure which I have not been notified. Ihave faxed them the signed modification agreement twice, and that has not helped me at all. Anybody out there with any info that might help me please write on this site. Thanks

  39. Chase placed my home into foreclosure 1 week after getting my payment. They forced it into foreclosure because they put the payment into a suspense account instead of actually applying it to the loan. I fought the company and their attorney for several months before giving up. Understand, this payment was sent in Aug. 2010 but wasn’t posted until Nov. 2010. When I asked for the call I placed on 08.31.2010 to be pulled I was denied because I didn’t have a specific time I spoke with the rep. I need an attorney! This is another example of these big greedy companies taking advantage of families. My house has been sitting empty for now 3 months. If any knows a good attorney in Saint Louis, Missouri please let me know. I’M DEFINATELY ON BOARD WITH A CLASS ACTION SUIT AGAINST CHASE! SIGN ME UP NOW!!!!!!!!!

  40. We fell behind two payments due to bad economy and medical problems, we were told Chase would put us on a three month loan modification and then reinstate the mortgage. After payment number two, Chase sent out check back and we received a foreclosure letter from the attorney, went thru three loan modifications putting the foreclosure on hole. We were denied twice, during the third loan modification we put the house on the market. Then when Chase found out they said we could not longer remain in the loan modification department and our file was sent to the short sale department and our foreclosure was escilated to 30 days. It’s set for next Tuesday. We’ve ended up borrowing the money from family in hopes of paying them back upon closing. This has been a nightmare. We never speak to the same person EVER, have dealt with some very rude people that don’t care, that lose our file information, that lie. Stop the madness. Sign me up for a Class Action Suit!!

  41. PLEASE IF ANYONE HAS AN ATTORNEY HANDELING ANY CLASS ACTION LAW SUITS IN OHIO PLEASE LET ME KNOW. I WAS MAKING ALOT OF DOUBBLE PAYMENTS. WHEN I ASKED CHASE WHERE THE PAPER WORK DID NOT SHOW DOUBBLE PAYMENTS I WAS TOLS THAT THE COMPUTERS WES PROGRAMMED TO TAKE ONLY THE PAYMENT DUE. AFTER 10 YEARS I STILL OWE WHAT I BORROWED. WE CAN NOT LET THESE BANKS DO THIS TO US. AS A GROUP WE HAVE POWER. PLEASE GET IN TOUCH WITH ME IF YOU HAVE THE SAME PROBLEM.

  42. Does anyone know of any lawsuits against Chase in Maryland? Or any lawyers? I applied for a modification In 2009, When my 2 year old daughter was amitted to the ICU in critical condition. She was not expected to live. I lost 3 months of pay. When I returned to work, my husband had a car accident that put him out of work for 3 months. Thats 6 months with 1 paycheck. Chase told us that we did not make enough money after sending the requested info twice, and told us we had 30 days to come up with the full amount. We took all our tax money and pulled money out of our 401k and was able to come up with the whole $8000.00. Then our job started cutting our hours, working only 3 to 4 days a week. We fell behind again, this time $13000.00. We again, took our tax money and pulled money from our 401k to come up with $11000.00. Chase set up a payment plan for us for the remaiming balance and now our monthly payment is 200.00 more than it was. They also changed my due date and giving me all these late charges. I am so frustrated, I dont know what is what anymore. I need help! If I made enough money I woulnt be asking. I have 4 children and do not want to lose our home.