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 Chase 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. Chase 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. Chase  has, in hundreds of court cases, pointed to the Purchase and Assumption Agreement with Receiver, FDIC, as evidence that Chase acquired XXXX XXXX XXXX 's loans. But, the Purchase and Assumption Agreement states on page 10 that the means of transfer from FDIC to Chase is to be a Receiver 's Deed or Bill of Sale. FDIC has never issued any Receiver 's Deeds or Bills of Sale to Chase, because Chase did not supply FDIC with the required list of loans via schedule 3.1a, as stipulated in the P & A Agreement. This constitutes proof that Chase has no claim on any of our properties, or any other WAMU loans it has illegally foreclosed upon. 

For the record, I have never contracted with JP Morgan Chase 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 WAMU went bankrupt. WAMU 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 JPM has never made any offer to settle anything. 

What happened? 

I am a XXXX XXXX, having been brought to this country as an XXXX XXXX through the previously classified XXXX XXXX XXXX in XX/XX/XXXX. I have been a XXXX XXXX XXXX and XXXX XXXXr 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 XXXX XXXX XXXX ( WaMu ). WaMu went into receivership in XX/XX/XXXX and Chase claimed to have acquired all the assets from Receiver 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 officer of WaMu who was hired by Chase, XXXX XXXX, testified that in the thousands of loans ... that were a part of this [ WAMU ] purchase, Ive never once seen an assignment of mortgage ... or allonges or anything transferring ownership from WaMu to Chase ... ( see attached J.P. Morgan Chase Bank vs. XXXX XXXX, XXXX ) CHASE 'S CLAIM THAT IT ACQUIRED WAMU 's LOANS FROM FDIC IS PROVABLY FALSE In addition to the proof cited above regarding Chase 's failure to obtain a single Receiver 's Deed or Bill of Sale as stipulated in the Purchase and Assumption Agreement, Chase 's claim that it acquired all of WAMU 's assets is also untrue. The presumption that Chase acquired all of WaMu 's loans is rebutted by the fact that more than {$610.00} billion of these loans were sold prior to WaMu going into receivership. The U.S. Senate Sub-Committee ( XXXX XXXX XXXX ) reveals in its findings of fact that WaMu sold and securitized at least $ XXXX of residential mortgage loans through its subsidiaries WaMu XXXX XXXX XXXX and XXXX XXXX XXXXe XXXX XXXX who acted as Depositors in the securitization transactions. See : https : XXXX In the case of XXXX v. JPMorgan Chase JPMorgan Chase and XXXX XXXX as Trustee have taken a position that universally applies to all {$610.00} Billion 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 REMIC Trust is named in the action. To prevail on its argument that the ( XXXX ) loan was sold and transferred to the Trust, JPMorgan Chase and XXXX XXXX, XXXX. as Trustee, 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 XXXX XXXX XXXX to the subsidiaries prior to those subsidiaries transferring the loan into the Trust. AND it was stipulated that the loan was NOT PURCHASED FROM THE FDIC. 

The presumption that Chase 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, Chase was without authority to transfer the DOT to XXXX XXXX XXXX. And, further, absent clear proof that it acquired any of the WAMU  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 Chase has claimed to be the holder of my original notes, it has failed to surrender said notes to me, as required after foreclosure of two of my properties. This fact along with the sworn testimony of XXXX XXXX, XXXX, constitutes evidence that Chase 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 Chase 's behest, are utterly baseless, as Chase has never proven that it acquired said loans or suffered any loss. Thus, Chase and its attorney, XXXX XXXX, have conspired with DA XXXX XXXX and investigator XXXX XXXX, to falsely arrest, imprison and indict me, without any basis. 
IN AN ATTEMPT TO STOP THIS FRAUD I HAVE BROUGHT ACTIONS AGAINST CHASE FOR THE LAST SEVERAL YEARS I have been challenging Chase 's standing to foreclose in the local courts, for the last several years. Chase 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, Chase had its attorney, XXXX XXXX, write to the district attorneys office claiming that Chase 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 District Attorney then had me arrested for filing false documents. XXXX XXXX did not name the officer who supposedly claimed that I was without authorization, nor did he supply the DA with an affidavit from a competent witness. The DA falsely arrested me without a sworn affidavit from an officer of Chase. 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 Chase, for wrongful foreclosure, illegal conversion and fraud. 
The claims of fraudulent filings are exactly what I have been accusing Chase 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 Chase to keep both the property and the note after a foreclosure, see : California Civil code 2941. 
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 Chase '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 Chase 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 Chase 's foreclosures on my properties and others, as there is compelling evidence cited herein that Chase 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 District 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