Consumer complaint received 2018-05-26
Company: JPMORGAN CHASE & CO.
State: MA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
I am writing to seek help regarding an attempted illegal foreclosure on my home. I reside at XXXX XXXX XXXX, XXXX, MA XXXX. I am six months XXXX with a XXXX XXXX XXXXXXXX, and this legal battle is causing an immense amount of XXXX, which I have been ordered by my XXXX to avoid. This all began in 2012 when while my mortgage lender, JP Morgan Chase had a pending remodification in their system and gave me implicit instructions to refrain from making any payments during the remodification process, simultaneously began a foreclosure process on my home. During this time, they sent investors to my home taking pictures of my property while my children were playing outside, blocking my driveway in an act of intimidation, and shouting slurs at me while I was in the middle of a business conference, ruining my reputation in the XXXX  field. XXXX XXXX XXXX had sent a letter attempting to collect a debt on JP Morgan Chases behalf, along with a letter of intent to acquire on HUD letterhead. I immediately requested a RESPA from Chase. I also filed notice with Chase rescinding any power of attorney that may have been conveyed in the purchase of the home, and gave notice that I appointed myself as power of attorney over the property which they sent a confirmatory letter in response noting they had changed the account accordingly. Next, I called HUD and I was told they no longer had a file on my property as JP Morgan Chase had filed a claim for total loss with HUD and had already been reimbursed XXXX ( par value ) for my home. When I asked for proof of payment, the person I spoke to said he could not furnish the evidence as he would lose his job. Upon receipt of the RESPA, there was indeed a line item with a credit to my account in the same amount HUD purported to have paid for the claim. I sued in Massachusetts Supreme Court, but JP said the credit on the account was actually a payment they made to XXXX to release it from a mortgage pool. Since I could not receive a printout from HUD evidencing the total loss claim, the case was dismissed, but the judge gave instructions to JP Morgan and XXXX XXXX that if they were going to move to foreclose they would need to come to his court first, and then told me his doors were always open should I have any further trouble. I then brought suit under FOIA against HUD, requesting specifically for the recorded telephone records to show that I was indeed given the information. HUD provided affidavits staying they did not have the information I was requesting, and the judge found that they had met the minimum requirement for production of documents and she had to dismiss the case. During this time, XXXX XXXX XXXX acting on behalf of JP Morgan Chase published a public notice to auction my home, completely omitting the long list of prerequisites to foreclose, including a right to cure notice, civil servicemember notice, or any other notice that was supposed to be served upon me prior to initiating foreclosure. I filed for preliminary injunction to bar XXXX from illegally foreclosing without due notice or process. This suit was dismissed for claim preclusion because even though I brought suit as a result of new abuses of Chapter 93A, because it was the same parties, it was denied. I appealed to the First Circuit Court of Appeals in Massachusetts. Every single justice in the three judge panel assigned to my case held a pecuniary interest in JP Morgan Chase. One held stock, one held a mortgage, and one held a credit card. I moved to have the judges recused and have the case heard by a new panel of judges that do not have a conflict of interest, this motion along with my appeal was denied with no opinion. I appealed and requested the case be heard XXXX. Of the five judges in the XXXX XXXX, three were the original judges, one recused themselves, and one wanted to hear my case. This too was dismissed for lack of majority vote. I filed a complaint with the Judicial oversight committee which I have never received a response for. I then applied for a Writ of Certiorari from The United States Supreme Court in DC, which was denied and there is a pending motion for rehearing along with a request for review by The Solicitor General. In early XXXX, I received a letter from someone at HUD apologizing for not disclosing the information I requested, and explaining that he did not wish to be a party to a XXXX XXXX lawsuit, and had invested many years in his job and could not afford to lose it. He urged me to carefully scrutinize my monthly statements and look for discrepancies and severe fluctuations in amounts. The letter further urged me to request a Qualified Written Response and RESPA and compare it to the one I received previously and I would have my proof of fraud. I immediately began pulling any statements from JP Morgan that I could find, which wasnt many because after I had sent XXXX XXXX an email several years ago to cease and Desist all correspondence unless implicitly requested by me, I rarely receive anything by mail. Of the statements I could find, they fluctuated from around 1800/mo to 3700/mo at random intervals, and the only description line would say miscellaneous or legal fees. I requested a QWR and RESPA the first week in XXXX. Not surprisingly, towards the end of XXXX, I started receiving strange phone calls, unsolicited house calls and letters from lawyers and real estate agents, as well as strangers taking photos of my home and walking around my yard. After some investigation, I find that XXXX XXXX XXXX had filed a foreclosure complaint in land court without serving me any notice. I called the Registry of Deeds as well as Land court, and I asked how XXXX could see a judge and receive approval to publish civil service members without sending me anything first? I was informed that for one, land court processes are typically an automated process done electronically, and second, that they should not have done anything without notifying me first, and told me to seek a restraining order and a Lis Pendens to avoid being embarrassed by the public notice that would be published soon. I sent an email to the attorney at XXXX that filed the paperwork, as well as the attorney of record for XXXX and for Chase asking that they cease and Desist explaining I have a XXXX XXXX XXXXXXXX and the publication of the servicemember notice will be extremely embarrassing and cause undue XXXX to myself and my child. They ignored my emails and proceeded to seek publication. On XX/XX/XXXX, I requested a temporary restraining order and ask that XXXX and JP be barred from foreclosure action and be ordered to answer the pending QWR and RESPA. The court ordered me to provide service upon both parties with The US Marshalls Service, which I did. On XX/XX/XXXX I send a second request for QWR and RESPA to Chase this time Certified Mail. To date, the only response I received from Chase is a letter stating they received my request and are processing it. The judge in this case is the same judge I had in the last case. He initially ordered a hearing for the motion for preliminary injunction on XX/XX/XXXX. On XX/XX/XXXX, the summons was returned executed as to XXXX and on XX/XX/XXXX was returned as executed to JP Morgan Chase. On XX/XX/XXXX, XXXX entered a motion requesting an extension of time to answer stating that the hearing was cancelled and they feel it would be hard for me to prove why the case shouldnt be dismissed for claim preclusion. On XX/XX/XXXX, a day AFTER XXXX filed this motion, the judge did cancel the hearing and ordered that I show cause as to why the case shouldnt be dismissed for claim preclusion, which leads me to believe there was an ex parte conference of some sort that I was not privy to. I timely filed a response on the order to show cause on XX/XX/XXXX. JP Morgan Chase was to file an answer to the summons by XX/XX/XXXX. They did not file any response, so I filed a request for entry of notice of default. On XX/XX/XXXX, the judge dismissed the case with prejudice and denied the entry of default judgement as moot. I now have to motion for reconsideration, and if denied, would have to appeal to the first circuit, where a majority of the judges have a conflict of interest as having a pecuniary interest in JP Morgan Chase. Without the QWR and RESPA, how do I show the court without a detailed itemization of account that by law should have been furnish over two months ago? Do I enter the evidence from the employee at HUD, and how would I do that without jeopardizing his position there? This whole experience has truly been disenchanting. I thought the judicial system was there to help those who have been wronged and stripped of the most basic fundamental rights conveyed upon them by The Constitution of The United States of America. How is fair that my family be made to suffer, and XXXX an JP Morgan are able to put the life of an XXXX XXXX on the line where people like my husband wrote a blank check to this very country in the amount of his life in service to the XXXX XXXX? How are these corporations allowed to robosign, file false claims and fraudulent documents electronically with no oversight? Why are they excluded from answering my QWR and RESPA? Please help me right the wrongs done to me and restore my faith in the justice system before its too late. 
XXXX XXXX XXXX XXXX XXXX XXXX, MA XXXX XXXX XXXX

Company response to consumer: Closed with explanation