Consumer complaint received 2018-01-12
Company: JPMORGAN CHASE & CO.
State: CA
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to arrest you or take you to jail if you do not pay

Complaint:
JPMorgan XXXX and their attorney XXXX XXXX are conspiring with the XXXX County California District Attorney to deprive me of my rights to hold property and right to contract by having the DA arrest me on false charges over a civil litigation dispute. Theft of properties absent authority, or right. XXXX has wrongfully foreclosed on my properties without the note and without authority, has failed to surrender the original notes as required after foreclosure, and has threatened foreclosure on other properties. XXXX has, in hundreds of court cases, pointed to the Purchase and Assumption Agreement with Receiver, FDIC, as evidence that XXXX acquired Washington Mutual Bank 's loans. But, the Purchase and Assumption Agreement states on page XXXX that the means of transfer from FDIC to XXXX is to be a Receiver 's Deed or Bill of Sale. FDIC has never issued any Receiver 's Deeds or Bills of Sale to XXXX, because XXXX did not supply FDIC with the required list of loans via schedule XXXX, as stipulated in the P & A Agreement. This constitutes proof that XXXX has no claim on any of our properties, or any other XXXX loans it has illegally foreclosed upon. 

For the record, I have never contracted with JP Morgan XXXX ever, for any financial product and I never intend to. We have experienced years of continued harassment from JP Morgan, loan servicing companies, and attorneys. They have inserted themselves into my, and my familys lives demanding payments and threatening to take our homes if we refuse. We have been living under constant threat for nearly 10 years and now the local prosecutor is threating 17 years in jail because I substituted the trustee on the public record after XXXX went bankrupt. XXXX failed as a company because of their illegal sub-prime mortgage scheme that targeted minorities knowing that we would eventually default due to their non-disclosure of massive balloon payments and reverse amortizations that were built into these loans. 


HAVE YOU ALREADY TRIED TO FIX THIS PROBLEM WITH THE COMPANY? 
Yes, I have been in civil litigations for many years and XXXX has never made any offer to settle anything. 

What happened? 

I am a XXXX refugee, having been brought to this country as an unaccompanied minor through the previously classified XXXX XXXX XXXX in XXXX. I have been a XXXX XXXX XXXX and XXXX XXXXilder since XXXX, with many successful business transactions and successful banking relationships in that time. In XXXX, I built a single family home in XXXX XXXX California, and I obtained financing from Washington Mutual Bank XXXX XXXX XXXX. XXXX went into receivership in XXXX and XXXX claimed to have acquired all the assets from XXXX FDIC. However, it failed to conform to the terms and requirements of the Purchase and Assumption Agreement, it formed with the FDIC, failed to obtain from FDIC the Receiver 's Deed or Bill of Sale on any of the loans it claims to have acquired. An XXXX of XXXX who was hired by XXXX, XXXX XXXX, testified that in the thousands of loans ... that were a part of this [ XXXX ] purchase, Ive never once seen an assignment of mortgage ... or allonges or anything transferring ownership from XXXX to Chase ... XXXX see attached J.P. Morgan XXXX Bank vs. XXXX XXXX, XXXX XXXX XXXX 'S CLAIM THAT IT ACQUIRED XXXX 's LOANS FROM FDIC IS PROVABLY FALSE In addition to the proof cited above regarding XXXX 's failure to obtain a single Receiver 's Deed or Bill of Sale as stipulated in the Purchase and Assumption Agreement, XXXX 's claim that it acquired all of XXXX 's assets is also untrue. The presumption that XXXX acquired all of XXXX 's loans is rebutted by the fact that more than {$610.00} XXXX of these loans were sold prior to XXXX  going into receivership. The XXXX XXXX XXXX XXXX XXXX XXXX Report ) reveals in its findings of fact that XXXX sold and securitized at least $ XXXX of residential mortgage loans through its subsidiaries XXXX XXXX XXXX XXXX and Washington Mutual XXXX XXXX XXXX who acted as Depositors in the securitization transactions. See : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX   JPMorgan XXXX JPMorgan XXXX and XXXX Bank as XXXX have taken a position that universally applies to all {$610.00} XXXX of these securitized loans. Each one of these loan transactions will show either the investor code XXXX, XXXX, or both somewhere in the Loan Transfer History screenshots within the servicing system and as such, the loans were not purchased from the FDIC. 

In the XXXX case, a specific XXXX XXXX is named in the action. To prevail on its argument that the XXXX XXXX XXXX loan was sold and transferred to the Trust, JPMorgan XXXX and XXXX XXXX, XXXX. as XXXX, both admitted / stipulated that the loan contained both investor codes XXXX and XXXX in the loan transfer history, which means the loan was sold by Washington Mutual Bank to the subsidiaries prior to those subsidiaries transferring the loan into the XXXX. AND it was stipulated that the loan was NOT PURCHASED FROM THE FDIC. 

The presumption that XXXX has relied upon in order to maintain its position in thousands of foreclosure proceedings is that ( 1 ) it acquired the loans through the P & A Agreement, and ( 2 ) that the assignments of beneficial-ownership interests to the loans unto itself as attorney-in-fact for the FDIC, have now been debunked by its own admissions! 

The alleged assignments of the DOT without actual transfer and delivery of the original note grants no authority to XXXX XXXX XXXX to bring its complaint or to foreclose, as it is clearly not the holder nor a party in interest. Without the original note and Receivers Deed or Bill of Sale, XXXX was without authority to transfer the DOT to XXXX XXXX  XXXX. And, further, absent clear proof that it acquired any of the XXXX loans it claims to have acquired, its complaint to the District Attorney, via its attorney XXXX XXXX, is a fraud upon the court, and a blatant conspiracy to defraud me of justice. 

While XXXX has claimed to be the holder of my original notes, it has failed to surrender said notes to me, as required after foreclosure of XXXX of my properties. This fact along with the sworn testimony of XXXX XXXX, XXXX, constitutes evidence that XXXX lied ; that it was not the holder as claimed, and that each foreclosure was fraudulent, and a theft of my property. It also constitutes proof that the DA 's charges of fraud, brought at XXXX 's behest, are utterly baseless, as XXXX has never proven that it acquired said loans or suffered any loss. Thus, XXXX and its attorney, XXXX XXXX, have conspired with DA XXXX XXXX and XXXX XXXX XXXX, to falsely arrest, imprison and indict me, without any basis. 
IN AN ATTEMPT TO STOP THIS FRAUD I HAVE BROUGHT ACTIONS AGAINST XXXX FOR THE LAST SEVERAL YEARS I have been challenging XXXX 's standing to foreclose in the local courts, for the last several years. XXXX has repeatedly failed to prove that it acquired any beneficial interest to the properties it has foreclosed upon, or the properties it has threatened to foreclose upon. 
Recently, XXXX had its attorney, XXXX XXXX, write to the district attorneys office claiming that XXXX did not authorize the recording of various documents on the public record. However, I have proof that I did obtain authorization from chase based upon multiple private agreements that chase never responded to, defaulted on and acquiesced to. The XXXX Attorney then had me arrested for filing false documents. XXXX XXXX did not name the XXXX who supposedly claimed that I was without authorization, nor did he supply the DA with an affidavit from a competent witness. The XXXX falsely arrested me without a sworn affidavit from an XXXX of XXXX. He charged me strictly based on the letter from XXXX XXXX, who is not a competent witness, but was retained as the defense attorney on a suit brought by me against XXXX, for wrongful foreclosure, illegal conversion and fraud. 
The claims of fraudulent filings are exactly what I have been accusing XXXX of as part of my civil litigation against them. JPMorgan did execute un-lawful foreclosures and then evictions without returning the original notes to me, in violation of law and equity. As it is not equitable for XXXX to keep both the property and the note after a foreclosure, see : California XXXX code XXXX. 
The district attorney has contacted a tenant that I have living in a different property in the county and intimidated him to such a degree as to convince him to stop paying the rent. This act by the DA was meant to deprive me of funding so that I would not be able to properly litigate the multiple litigations and experience a financial hardship. The district attorney has also been meeting with XXXX 's attorney in the halls of the courthouse after the civil litigation proceeding to escalate the civil proceeding to criminal charges. ( See attached criminal complaint ). This situation has caused me extreme emotional distress for years, even after XXXX has paid billions in illegal foreclosure settlements to the US government. 
I want the CFPB to publish this description on consumerfinance.gov so that others can learn from my experience. 

Edit this section What would be a fair resolution to this issue? 

The CFPB should investigate each of XXXX 's foreclosures on my properties and others, as there is compelling evidence cited herein that XXXX does not have ANY of the notes on any of the properties it has foreclosed upon : According to the un-rebutted statement of the Florida Bankers Association ( see attached ) it is policy for banks to destroy notes. 
The federal government, which collects billions of dollars from banker 's malpractice settlements, must make these funds available to the consumers who have been defrauded by this malpractice. The judicial branch of government must admit that widespread bank fraud has been perpetrated against American consumers, and eliminate this practice. In this case, we ask that CFPB contact the public office of the XXXX County XXXX Attorney to have them withdraw its criminal complaints against myself and other consumers actively litigating these important matters in civil court.

Company response to consumer: Closed with explanation