Consumer complaint received 2019-02-11
Company: JPMORGAN CHASE & CO.
State: AZ
Product: Mortgage
Sub-product: Home equity loan or line of credit (HELOC)
Issue: Struggling to pay mortgage

Complaint:
On XX/XX/XXXX, I opened a case against Chase Bank personnel that was much more than just an inquiry about my concerns for my Chase Home Equity Line of Credit ( HELOC ) account with the Consumer Financial Protection Bureau. The Bureau acknowledged receiving it on the same day and assigned case # XXXX to my complaint. 

In my original complaint ; I levied provable and serious charges specifically against XXXX XXXX XXXX, Chase Banks notary. The letter with attachments I received in response to my original complaint was unsigned, but dated XX/XX/XXXX and postmarked XX/XX/XXXX. I strongly believe it was authored by XXXX XXXX, the Chase Fraud investigator who would logically render her findings in this manner. Likewise those findings can be quickly summed up by quoting paragraph # 5 of MS XXXX letter. In it she states that We carefully reviewed the history of your account ( NOTE : my husband and my personal checking account ) and we did not find any instances of deceptive tactics. 

In Paragraph # 2 of MS XXXX letter she writes : We have enclosed a copy of your Deed of Trust, which shows both you and XXXX XXXX XXXX, XXXX signature. This one sentence paragraph contained in this formal and official letter to me from Chase Banks Executive Office in response to my complaint sent through the CFPB is a total, complete and unmitigated lie.

The Deed of Trust that Chase included in its response to me is in fact the forged document with the self evident proof of forgery, perjury and fraud that rests within its own pages. Further, this forgery turned into a counterfeit when it was recorded as a truthful and accurate document. I firmly believe the forger who perpetrated this fraud and in turn perjured herself is XXXX XXXX XXXX, Chase Banks notary. She compounded her unlawful actions when she either recorded this document on XX/XX/XXXX herself or sent it into the county recorders office through Chase channels with a batch of other documents to be recorded. The proof is documented on : A. Page 10 signature page : 2 places for XXXX XXXX XXXX to sign and 2 places for XXXX XXXX XXXX, XXXX to sign ; however, only my signatures appear on this page. Clearly understand that while the signatures appear to be mine, they are not. I never signed this document. 
B. Page 11 XXXX XXXX XXXX states she witnessed me sign as a trustee of our trust and she states that she WITNESSED XXXX SIGN AS A TRUSTEE OF OUR TRUST. 
C. Page 12 XXXX XXXX XXXX states she witnessed me sign as an individual and she states that she WITNESSED XXXX SIGN AS AN INDIVIDUAL. 

Pages 11 and 12 also prove two additional and critical points : D. XXXX XXXX XXXX clearly states that she witnessed XXXX sign his own name by his own hand. 
E. XXXX XXXX XXXX does not state that she witnessed ME SIGN EARLS NAME BY MY HAND AS THE HOLDER OF HIS POWER OF ATTORNEY. She states she personally witnessed with her own eyes XXXX sign this page himself. 

Now a question for the XXXX Fraud investigator, the CFPB Executive Office and all other personnel with a direct and/or indirect hand in determining fact from fiction from what rests within the pages of the Chase HELOC Deed of Trust that was recorded on XX/XX/XXXX and that is the focus of this legal matter. The facts and circumstances of this case that have previously been laid out for your edification in great detail and which are being laid out before you once again in above points A thru E that does it not give you pause to look deeper into the Deed of Trust? Is the fact that XXXX signatures are nowhere to be found on page 10 of the Deed of Trust lost on you? These facts are not so obscure that it would be easy to miss so how did you miss it? 

Second question : are you willfully ignoring the glaring fraudulent declarations made by XXXX XXXX XXXX when she affixed her signature and notary stamp to pages 11 and 12 of this Deed of Trust? There is no question in my mind that her actions are criminal in nature as laid out in County, State and Federal statutes outlined in part below : F. First, the crime of forgery was detected on this Deed of Trust that turned it into a Counterfeit document used as a security in violation of 18 USC Ch. 25 : COUNTERFEITING AND FORGERY. From Title 18CRIMES AND CRIMINAL PROCEDURE PART ICRIMES and ARS 13 2002 A 1 513. Securities of the States and private entities. Further, for purposes of this section : ( 1 ) The term " counterfeited '' means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety ; ( 2 ) the term " forged '' means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents ; ( 3 ) The term " security '' means any other written instrument commonly known as a security ; G. Second, this fraudulent document was then recorded into the Public Records of XXXX County, Arizona in the form of a DEED OF TRUST as security for a Chase bank loan. That Deed of Trust is a provably forged counterfeit that even a casual observer can easily spot as a forgery is prima fascia evidence of fraud, has been sent through the United States Postal Services Certified Mail multiple times. It is my understanding this action constitutes the Federal Crime of Mail Fraud.

Third : are you so blind that you can not see the parameters of this case? XXXX XXXX XXXX clearly states that she witnessed my husband sign this document in two places ; one as a trustee of our trust and the other as an individual. If she is telling the XXXX honest truth, WHERE ARE HIS SIGNATURES ON PAGE 10 of this Deed of Trust? 

Now to the other points raised in the Chase Executive Office cover letter : H. Let me remind you that months before my husbands death, XXXX XXXX, the Chase Bank Branch Manager, informed me that this HELOC that we were supposed to sign on XX/XX/XXXX, but did not because the notary failed to return to the bank for that signing ; was funded the first business day after XX/XX/XXXX as an unsecured line of credit. Further, he gave me the unsigned and undated complete 19-page HELOC paperwork along with Chases single page Errors and Omission document that tied directly to this HELOC that was also unsigned and undated. 

I. This very same HELOCs unsecured Deed of Trust turned into a secured Deed of Trust through XXXX XXXX XXXX handy work when I believe she forged and then recorded, or had recorded, the subject Deed of Trust on XX/XX/XXXX. 

Shortly after my husbands death on XX/XX/XXXX ; I notified Chase of that fact. As soon as his death certificate arrived in the mail, I provided Chase with a certified copy for the banks records. At the time I told the teller I would prefer to keep my husbands name on our accounts along with his name on our checks. The teller said there was absolutely no problem because many widows/widowers choose to do so. It was my choice to keep XXXX name on our accounts and checks then and it remains so today. 

J. In paragraph 3 of your letter, you refer to my taking out 2 cash advances, one on XX/XX/XXXX and the second XX/XX/XXXX, neither of which has a thing to do with the forgery that occurred on an unknown date after XX/XX/XXXX ; the date on which we were supposed to sign the HELOC, but did not and XX/XX/XXXX ; the date on which the notary recorded, or had recorded, this fraudulent Deed of Trust with the XXXX County Recorders Office. 

XXXX In paragraph 4, you refer to those funds being paid into account # XXXX and then paid from that same account that was and remains in both of our names. This red herring holds absolutely no significance beyond my deep desire to continue to show honor and respect for the man who continues to be my husband. Clearly understand that money being deposited into our checking account and then paid back from this account was never an issue. In fact this is nothing more than a smoke and mirrors tactic to cloud the real issues that were and are purposefully being ignored. 

NOTE : XXXX and I have 2 personal checking accounts, # XXXX that was the primary checking account before, during and after XXXX and the subject account for this set of transactions. The secondary account before, during and after XXXX ends in # XXXX. That account became the primary account after # XXXX had been the subject of an identity theft scare. Our names were on both of these well established accounts long before my husbands death. Both of our names appear on both of these accounts today. For the record, I find great contentment, peace and joy seeing his name along with mine on our checks. 

L. In preparing this document in response to your letter dated XX/XX/XXXX, it became abundantly clear that you accidentally or intentionally misidentified our primary checking account as being # XXXX instead of it being # XXXX. Proof of this additional error on your part rests with the 2 Consolidated Balance Summary Bank Statements one dated in the upper right hand corner of the page XX/XX/XXXX through XX/XX/XXXX, followed by Primary Account # XXXX and the second also dated in the upper right hand corner of the page XX/XX/XXXX through XX/XX/XXXX, followed by Primary Account # XXXX. I have taken the liberty of removing all of the individual personal entries associated with these monthly statements as they are no ones business but my own. I have done the same for the Loan Transaction Summary Date of Notice XX/XX/XXXX as well as the Chase Detailed Transaction History dated XX/XX/XXXX for the Activity for Period XX/XX/XXXX XX/XX/XXXX. 

Given the fact that you never failed to refer to the appropriate primary checking account being # XXXX, how could you have misidentified the secondary account as the primary account on both of the Consolidated Balance Summary Bank Statements themselves? This level of carelessness defies all logic. Do you care so little about the quality of your work that you continually make this type of glaring error? 

M. In paragraph # 5, you clearly state that in your careful review of our account, you did not find any instances of deceptive tactics. It is unclear whether you are referring to deceptive tactics on my part or those of the banks. Also, pray tell, which account are you referring to - # XXXX or # XXXX? I really want to know. 

Additional proof of fraud, counterfeiting and perjury on behalf of XXXX XXXX XXXX rests with the fact that there can only be a blue ink signed original of the Deed of Trust if in fact we both signed it in front of her. Neither my husband nor I personally signed the HELOC including its Deed of Trust because you need to pay very close attention to the reality that in writing only my alleged signature appears on the signature page, not both of our signatures. The blue ink original document does not exist, can not be produced and therefore cancels out this HELOC in its entirely. * The second piece of physical evidence that Chase Bank and/or XXXX XXXX XXXX can not produce is her notary book showing both XXXX and my signatures entered into the section of pages where signatures of individuals were logged in for the date of XX/XX/XXXX thereby documenting this transaction actually took place as the Deed of Trust implies. No notary book containing our signatures on that date, or any other date for that matter up until the date the Deed of Trust in question was recorded exists. This constitutes additional supporting evidence that XXXX XXXX XXXX perjured herself while committing multiple counts of fraud. 

N. The question arises now and than as to why I continued to make payments on the Chase HELOC after the XXXX XXXX  Reverse Mortgage went through. The answer is very simple and I will restate it here : In XXXX or XX/XX/XXXX I was in Chase making a deposit when XXXX XXXX, the bank branch manager, said to me that he " needed to tell me something important '' and it was that " someone with Chase really messed up because the paperwork to attach our home as collateral to the HELOC ending in # XXXX was never processed and therefore it went through as an unsupported loan. At the same time he handed me a complete copy of the HELOC along with the Chase Errors and Omissions document containing all of the same dates and numbers as are present on the HELOC itself. 

O. In XXXX I applied for a XXXX XXXX Reverse Mortgage. As part of the normal procedures of processing a reverse mortgage, XXXX XXXX contracted with XXXX XXXX XXXX XXXX and XXXX Reverse Escrow to search for all loans that connected our home as collateral to a given loan. The reality is that at the time the reverse mortgage was being processed, neither XXXX XXXX XXXX XXXX nor All-American Reverse Escrow located the recorded Chase Deed of Trust and subsequently did not pay it off. The XXXX XXXX Reverse Mortgage went through on XX/XX/XXXX. The failure of XXXX XXXX XXXX XXXX and XXXX Reverse Escrow to do their due diligence has cost me dearly. 
P. First of all based on the statements made to me in person by XXXX XXXX and the evidence he provided me at the same time that comprised the HELOC and the single page Errors and Omissions documents, I did not question continuing to make payments on it. Clearly understand both of these documents were undated and unsigned. In the case of the Deed of Trust, it was also not notarized. Further, while the Errors and Omissions document was also undated and unsigned, because of its significance, I believe it should have been notarized as well, but as with the signatures, it was not notarized. 
I kept making payments on the XXXX XXXX from the date the XXXX XXXX Reverse Mortgage went into effect until XX/XX/XXXX to the tune of well over {$50000.00} at which time it became impossible for me keep making those payments because they went from a few hundred dollars to well over a thousand dollars per month. Interestingly my new reality became clear when I was unable to make those HELOC payments. The point being the unsecured HELOC described to me by XXXX XXXX in XXXX as such is now a secured HELOC with my home attached as collateral for it. 
The last 12 pages of this Chase Line of Credit comprises the Deed of Trust and it is this part of the HELOC that is now signed, notarized and recorded as of XX/XX/XXXX. It is a forgery. I believe only someone within the XXXX banking system could access my unsecured HELOC and without my knowledge or permission attach my home as security for it. I also want you to fully understand the fact that I had no knowledge of this recorded Deed of Trust until XX/XX/XXXX when a realtor found it on the XXXX County Recorders website and sent it to me. I find it ironic that only because of the kindness of a stranger that I learned my home was now being used as security for this counterfeit Deed of Trust. Further, a foreclosure sale date of XX/XX/XXXX had been set. The ramifications of this horrific set of circumstances were driven home to me in such a painful manner that it totally defies description. Other words that fit the dynamics of the untenable place I found myself in include, but are not limited to the following : surreal, unbelievable, heart wrenching, horrendous, appalling, gruesome, ghastly, sickening, horrifying..

This is an absolute and outright case of fraud. Per United States XXXX XXXX : : XXXX XXXX XXXX ( XXXX ) : Evidence of inherent fraud has been found in this case ; therefore per Ex37 Am Jur 2d at section 8 states, in part : " Fraud vitiates every transaction and all contracts. Indeed, the principle is often stated, in broad and sweeping language, that fraud destroys the validity of everything into which it enters, and that it vitiates the most solemn contracts, documents, and even judgments. '' Chase has the responsibility to hold their guilty employee ( s ) accountable for her/their illegal actions.

Further, Chase has the legal and moral obligation to return every penny I paid them with interest. I believe those unnecessary HELOC payments were made from the date the Forged Deed of Trust was officially recorded as a public document in the XXXX County Recorders Office until today. 
XXXX XXXX has the responsibility of holding their Title and Escrow companies accountable for their failure to find and pay off the recorded Deed of Trust that used our home as collateral for it. Not only that, XXXX XXXX XXXX XXXX issued a clean and clear title that is not true. The foreclosure action is proof that this title to our property is not clean nor is it clear. Likewise, this recorded Deed of Trust was the vehicle XXXX blatantly used to initiate and prosecute foreclosure actions post XX/XX/XXXX. 
The failures of XXXX XXXX XXXX XXXX, XXXX XXXX and Chase banks in this matter has harmed me greatly both financially and emotionally. For my own wellbeing, I need an acknowledgement from you that you have received, read this claim and are processing it in a timely manner. I require this matter to be property adjudicated no later than 30 days from the date you receive this document. While you are conducting a new investigation into Chase Bank, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, All-American Reverse Escrow, and of course XXXX XXXX XXXX and the XXXX County Recorders Office ; you may wish to make a strong suggestion to Chase Bank that they make a good faith gesture to me by refunding the money I unnecessarily paid to them in the Line of Credit payments. 
One last hard reality every one of you needs to keep in mind : This is my life and my home that has been manipulated and in affect held hostage by employees of both banks. Clearly understand THIS IS NOT A GAME AND I AM NOT PLAYING WITH YOU.

Company response to consumer: Closed with explanation