DWT 29296477v2 0036234-000408

Page 1 –RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS

DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

KEVIN H. KONO, OSB #023528

kevinkono@dwt.com

KALEY L. FENDALL, OSB # 093509

kaleyfendall@dwt.com

DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

Telephone: (503) 241-2300

Facsimile: (503) 778-5299

FREDERICK B. BURNSIDE, OSB #096617

fredburnside@dwt.com

DAVIS WRIGHT TREMAINE LLP

1201 Third Avenue, Suite 2200

Seattle, WA 98101

Telephone: (206) 757-8016

Facsimile: (206) 757-7016

Attorneys for JPMorgan Chase Bank NA

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

AT EUGENE

WILLIAM J. PAATALO,

PLAINTIFF,

v.

WASHINGTON MUTUAL BANK, F.A.

JPMORGAN CHASE BANK NA,

DEFENDANTS.

Case No. 15-cv-01420-AA

DEFENDANT’S RESPONSE TO 

PLAINTIFF’S STATEMENT OF 

UNCONTROVERTED FACTS

In connection with his motion for summary judgment, Plaintiff filed a “Statement of 

Uncontroverted Facts.” Dkt. No. 22-2. Such a statement is no longer a part of the summary 

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DWT 29296477v2 0036234-000408

Page 2 –RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS

DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

judgment process, unless ordered by the Court. LR 56-1. The Court has entered no such order. 

Moreover, little discovery has occurred in this matter, and Plaintiff’s “Statement of 

Uncontroverted Facts” is supported only by Plaintiff’s own affidavit. Accordingly, the Court 

should disregard Plaintiff’s “Statement of Uncontroverted Facts.” To avoid any claim of waiver, 

however, defendant JPMorgan Chase Bank, N.A. (“Chase”) hereby submits the following 

response to plaintiff’s Statement of Uncontroverted Facts:

1. Chase denies that at all times 400 East 3rd Street, Yachats, OR 97498

(“Property”) was Plaintiff’s primary residence. Chase otherwise accepts Paragraph 1.

2. Chase accepts that in or about September 2007, Washington Mutual Bank, F.A. 

(“WaMu”) agreed to increase Plaintiff’s then-existing equity line of credit, Loan No. 

XXXXXX3220, by approximately $45,000.00. Chase otherwise denies Paragraph 2.

3. Chase accepts that after the equity line of credit was increased in or about 

September 2007, Plaintiff raised certain disputes with WaMu and that at least some of those 

disputes related to application of payments and to credit reporting. Chase otherwise denies 

Paragraph 3.

4. Chase denies Paragraph 4.

5. Chase denies Paragraph 5.

6. Chase denies Paragraph 6.

7. Chase denies Paragraph 7.

8. Chase denies Paragraph 8.

9. Chase accepts that Plaintiff filed a lawsuit against WaMu and others in the United 

States District Court for the District of Oregon in or about July 15, 2008, as Case No. 6:08-cv06216-AA. Chase otherwise denies Paragraph 9.

10. Chase accepts that on September 25, 2008, the Federal Deposit Insurance 

Corporation (“FDIC”) was appointed the Receiver for WaMu, and that under Financial 

Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1811, et. 

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Page 3 –RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS

DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

seq., all claims Plaintiff had against WaMu had to be brought against the FDIC. Chase otherwise 

denies Paragraph 10. 

11. Chase denies Paragraph 11. 

12. Chase accepts that a “Notice of Default and Election to Sell” was recorded in 

Lincoln County, Oregon as Document Number 2009-03840. That document speaks for itself. 

Chase otherwise denies Paragraph 12.

13. Chase accepts that documents, including a “Notice of Foreclosure” and “Trustee’s 

Notice of Sale,” were recorded in Lincoln County, Oregon as Document Number 2009-08941. 

Those documents speak for themselves. Chase otherwise denies Paragraph 13.

14. Chase accepts that a Trustee’s Deed dated August 20, 2009 and recorded in 

Lincoln County, Oregon as Document Number 2009-09840 issued to Chase. That document 

speaks for itself. Chase otherwise denies Paragraph 14.

15. Chase accepts that Chase filed a unlawful detainer action against Plaintiff on or 

about October 14, 2010 in the Circuit Court for the State of Oregon in the Lincoln County as 

Case No. 103837 and that Plaintiff filed counterclaims in that action. Chase accepts that Plaintiff 

recorded a “Notice of Lis Pendens” on February 14, 2011 in Lincoln County, Oregon as 

Document Number 2011-01633. That document speaks for itself. Chase otherwise denies 

Paragraph 15.

16. Chase denies Paragraph 16.

17. Chase accepts that it sold the Property on or about July 12, 2011 for $285,000.00

and that Plaintiff had not recorded a Release of Lis Pendens as of that time. Chase otherwise 

denies Paragraph 17.

18. Chase accepts that Plaintiff sent a letter dated April, 21 2015 purporting to 

“memorialize” an alleged prior rescission. That letter speaks for itself. Chase otherwise denies 

Paragraph 18.

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Page 4 –RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS

DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

19. Chase accepts that the Lis Pendens “remains on the title to the Property” insofar 

as, to Chase’s knowledge, Plaintiff has not recorded a Release of Lis Pendens. Chase accepts

that it did not send Plaintiff a direct response to Plaintiff’s April 21, 2015 letter purporting to 

“memorialize” an alleged prior rescission. Chase otherwise denies Paragraph 19.

Chase does not set forth herein a Statement of Additional Facts because no such 

statement is required. Relevant additional facts are set forth in Chase’s Opposition to Plaintiff’s 

Motion for Summary Judgment and supporting declarations. Chase reserves the right to set forth 

a Statement of Additional Facts should the Court deem such a statement necessary.

DATED this 18th day of April, 2016.

DAVIS WRIGHT TREMAINE LLP

By s/ Kaley L. Fendall

Kevin H. Kono, OSB #023528

Kaley L. Fendall, OSB # 093509

Telephone: (503) 241-2300

Facsimile: (503) 778-5299

kevinkono@dwt.com

kaleyfendall@dwt.com

Frederick B. Burnside, OSB #096617

Telephone: (206) 757-8016

Facsimile: (206) 757-7016

fredburnside@dwt.com

Attorneys for JPMorgan Chase Bank, NA

Case 6:15-cv-01420-AA Document 26 Filed 04/18/16 Page 4 of 4