How to keep Chase in court for 13 years
If someone wanted to write a novel with defaults, foreclosure, and lawsuits as the main story line, they would do well to start with this particular case.
It story starts with a loan made to a Chase predecessor in 1993. The homeowner first defaulted in 1997 and managed to stay in the property until 2006; he kept the litigation going until now and at one point was awarded almost $100,000 in damages for wrongful foreclosure and what he could have earned renting the property out.
In the end, the borrower lost, but he sure made Chase work for its foreclosure. Here is just a tidbit of the story to give you an idea.
The default prove-up hearing took place on April 18, 2007, after the trial court denied Chase’s oral motion to set aside the default. Plaintiff presented his evidence, and the trial court took the matter under submission. In the ruling, which the trial court issued on April 24, 2007, the trial court found on plaintiff’s first cause of action for declaratory relief that (1) Chase is bound by the judgment in the unlawful detainer action that the first foreclosure sale was conducted improperly, and (2) Chase breached the forbearance agreement by improperly declaring plaintiff in default on that agreement. On plaintiff’s second cause of action seeking to quiet title to the property, the trial court found it did not have the necessary parties before the court to grant that relief because Proper T View, not Chase, was the current owner of record. The trial court awarded plaintiff damages of $98,795.50 on the third cause of action for breach of contract, a sum that represents the rental value of the Rancho Mirage property minus the payments plaintiff owed to Chase on the mortgage for the 50 months between November 1999 and December 2003. On the fourth cause of action for slander of title, the trial court found in favor of plaintiff but also found the claim does not support an award of general damages. The trial court denied plaintiff recovery on his remaining causes of action. The trial court purported to enter judgment against Chase on August 31, 2007.
Foreclosure, Lawsuits | admin November 14, 2010
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By Mark Chandler, November 15, 2010 @ 12:27 pm
My name is Mark Chandler
In march of 2009 I started paying a forbearance on my home after I was divorced. I was getting nowhere with this so I hired a Lawyer to get my modification in Oct 2019! I had sent in all paperwork needed to get this done with my Lawyer and in April of 2010 my Modification was approved! After paying on the new Modification for 4 months I received a letter from Chase stating that they wanted my Ex wife’s Signature on the paperwork! On their own paperwork it stated that if we are divorced or she no longer wishes to be on the loan via a divorce decree which stated if either of us were able to get the home via a loan it was to be given to one of us! She was denied the load and I was approved. Thru my lawyer I sent it all paperwork and my modification was approved in April of 2010! I paid the payments for the modification fro 4 months them received a letter from chase that SHE my ex wife need to sigh the paperwork as well! Now on their own paperwork it stated she need not sign it if she abandoned the property, it was stated in the divorce decree, or she no longer wanted to be on the loan she need not sign anything! After paying for 4 months on the new mod I received another letter from Chase stating the Modification was denied after it was approved because she did not sign the paperwork! At that point my Lawyer was very upset because now he had to start the process all over again. Now they want proof of my Alimony and my renters agreement in which were both sent to them by being denied by them now because they say it is not enough proof that I am receiving payment of my alimony and renter payments even tho they have court documents of the Alimony payments and a rental agreement. Even tho all this is in fact in their hands they are not willing to modify my home! So I even had my ex wife sign the paperwork on the loan and now my lawyer is telling me they do not believe that I am receiving alimony from her nor will they believe that my renter is paying me! They have court documents stating payments of $650.00 from my wife for alimony in the court documents nor will they accept the paperwork for my renter!
I am at my wits end with this bank and would like to file a lawsuit against them for their actions of continued paperwork and stress they have continued to put on me!
I am a liver Transplant patient and because of all this stress my kidneys now have worsened and have no place to turn but to try and sue them! It seems there are thousands that are in the same boat as I and I need to find a class action Lawsuit against them to get them to stop this behavior. I have sent them everything needed and was approved then denied! I had also sent in the same paperwork at least 10 times now which I think they are just throwing away
Sincerely Mark Chandler
By Liz Brauer, December 27, 2010 @ 12:53 am
Don’t give up. We have been through 3-4 applications and we just keep submitting them so we have some time to sort out our lives should we need to leave. Take advantage of this time and keep sending them the trial payments if you can. And keep an application active at all times — this will keep them at bay. If they deny your application, just call them again and resubmit. Chase wants to wear you down — instead you wear them down while enjoying your home at a discounted price. My thoughts are with you.