Sarah Mirando  |  August 31, 2011

Category: Legal News

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ChaseA federal judge has ruled that JPMorgan Chase must face a class action lawsuit that claims it defrauded New Jersey residents who applied for the Home Affordable Mortgage Program, a federal program designed to help homeowners in danger of defaulting on their homes.

Chase opted into HAMP through Fannie Mae shortly after the plan was implemented in 2009. The plan is designed to lower homeowners’ monthly mortgage payments to sustainable levels, but New Jersey homeowners say they never got the benefits of the program. Instead, they say, Chase took the federal money designed to bail out homeowners and systematically rejected HAMP applications based on false claims that homeowners did not provide the appropriate documentation, even though many homeowners claim they did.

Lead Plaintiff Johny Thomas claims in the JPMorgan Chase mortgage fraud class action lawsuit that in October 2009, he and his wife were struggling on their home mortgage loan and requested a HAMP modification. Later than month, he claims Chase sent them a letter telling them they were eligible, but that they should sign up and pay for a trial-period plan.

Thomas says he and his wife made these trial payments for about six months, until they received a letter from Chase stating their application was declined because it did not meet an unspecified requirement, even though Thomas says he met all the requirements necessary. Chase then refused to apply several of the payments Thomas made before foreclosing on their home on August 2, 2010.

A second Plaintiff, Johnny Fields, makes the same allegations in the Chase HAMP class action lawsuit, saying that, just like Thomas, he applied for a HAMP modification on his mortgage in December 2009 and made trial payments. Just as in Thomas’s case, Chase eventually declined his application, citing inadequate documents, which Fields says he field. A year later Chase sent him a notice of intent to foreclose.

Thomas and fields filed separate class action lawsuits but later joined forces in a consolidated case against JPMorgan Chase in February, charging 10 separate claims. Last week, U.S. District Judge Shira Scheindlin dismissed eight of them, but ruled that JPMorgan Chase must stand trial for counts of violating the New Jersey Consumer Fraud Act and engaging in negligent misrepresentation.

The JPMorgan Chase Mortgage Fraud Class Action Lawsuit case is Johny Thomas and Johnny Fields, et al. v. JPMorgan Chase & Co. and Chase Home Finance, LLC, Case No. 10-cv-08993, U.S. District Court, Southern District of New York.

 

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117 thoughts onJPMorgan Chase Mortgage Fraud Class Action Lawsuit Continues

  1. Kurri Gortemiller says:

    I want to do a class action lawsuits. They took my house after me paying DOUBLE my house payment for almost a year. They even lost one of the money orders and used that as an excuse to take my house. I lost everything bc of them. Fell into a deep depression that is still with me to this day. I wish someone could burn them to the ground.

  2. Rick Edwards says:

    *NOTICE: IS ANYONE INTERESTED IN FILING A CLASS ACTION LAWSUIT?* We are in the same situation as the above comments. We have sued Chase and won at the state level when they attempted to have our case dismissed, but they then filed motion to have our case moved to federal court where they knew that judges lean towards the big banks and our case was dismissed without even being heard. We won $2000 when they were sued by the Department of Justice for illegally foreclosing on us in 2010, but they then turned around and did the excact same thing again in 20113 and stole our equity of 23 years of $200k. They constantly told us we were missing documents in our app, etc., and we were represented by an approved HUD rep. We are looking to file a CLASS ACTION LAWSUIT AND TRYING TO FIND ANYONE WHO MAY BE INTERESTED IN JOINING.

    1. Susan says:

      If you ever file a mortgage fraud lawsuit against Chase, I want to join it.

    2. Kelly L Rodriguez says:

      The same thing happened to me in 2010. I made every payment on my house and then I got a modification of my loan. I paid them every month by phone until August of 2010 when they said they would not be taking any more payments from me until the modification became permanent. They refused to take my payments and then months later they sent me a revised modification that raised my mortgage payments to an outrageous amount. But before I could even do anything about it, I got a letter in the mail saying that my house was being sold at auction the next week. I hope we can get together and get some kind of settlement from them.

  3. Heather Dennis says:

    We ended up losing our house after the run around with chase and filling out about 10 different loan modification packages. I was told not to make a payment by the counselors until we get a decision, this went on for almost 3 years. They foreclosed on us without us even being notified and the notice of sale on the courthouse steps wasn’t even in our local paper it was in a paper 45 miles away. Very SHADY!!

  4. Debby Bickford says:

    Please someone help, Chase refused to do modification, now they did a foreclosure and they took our name off of house???

  5. Stephen says:

    I to are a victim of Chase , paperwork lost , repeat filing same papers ..HELP .

    1. Janet says:

      File a complaint with CFPB.
      And consumer affairs in your state. Get a free credit report through wwe.usa.gov place on the search bar. Free annual crefit report for all three agencies. Save on computet or usb drive.

  6. T says:

    Looking for any help in regards to Chase. I was on a mod program years ago, made all my payments. I was eventually approved , however never reeived the paper work to sign. Chase said they would not resend it, yet I needed to sign in order to accept. I requested multiple times, and was denied the paper work. They put me in an Opt Out status and pushed me into foreclosure. I filed Bankruptcy due to this. They claimed I did not make any modification payments, which I have proof I did, which resulted in a false claim to the courts….Bankruptcy is now completed in good faith. Chase is now harassing me for the payments pre-bankruptcy stating I owe 9 payments, however cannot give originating dates payments were missed, and we are only into the 5 month since my completed bankruptcy….how can I owe anything? . They are threatening foreclosure. I have made all payments post Bankruptcy as well. I have called many lawyers, all who only will deal with active bankruptcy. In need of help!

    1. Janet says:

      File a complaint with CFPB.
      Write a qualified written request under RESPA. YOU can find a template online. Mail certified with required (to chase) receipt signature to receive. If chase stamps the return as received. Send a certifiedd letter to the post office and have them get a signature from chase. Good luck and advocate for yourself and family. I have for over three years in SC. Through the court system. Still in home. Deception practices by chase to perceive as an legitimate foreclosure. Good luck and don’t give up. You have rights.

  7. Darlene Picchianti says:

    My husband and I contacted Chase to refinance ou current mortgage that was at 7.25%. Chase responded that because the mortgage was not in default they couldn’t do anything to alter the current loan. Chase then sent her to another department (HAMP), which sent them paperwork to fill out to refinance. Chase added a requirement to escrow taxes and insurance in order to continue processing the refinance application and implied that refinancing would be approved upon doing so. An escrow account was established by Chase, taxes and insurance premiums for the year were paid; Chase then told us it would be 60 days before they would receive an answer. We paid the amount set up during the trial peroid. Chase rejected the refinance application and told us that we had to immediately pay $10,000 to the escrow account to pay off the tax/insurance payment made by Chase and for future taxes. We reapplied 2 more times for loan modifications at Chase’s urging as different departments indicated to them that they would still be approved. Over a 4 year period, we have been in contact with numerous departments of Chase to both refinance their mortgage or to work out a payment plan for the amount demanded for the escrow account. A settlement plan developed by us and Chase customer service representatives was refused by Chase underwriters; Chase then stopped accepting their monthly mortgage payments and sent their account into Mortgage Foreclosure. After we hired a lawyer to went into negotiation with CHASE they sold our mortgage to OCWEN Mortgage company. We spent many years of time and money trying to straighten this out and it has affected our credit rating.

  8. James says:

    They do not even hide it ! I’m not an attorney and just looking at the paper work was obvious that something is wrong here. With a little research of the laws and corp documents filed and easily accessible FROM THESE ::;::: I was amazed how much I found , and said well If I (no legal education) found by discovery all the legal violations applied to them ::;;, and more importantly the extensive legal protection and rights I have under law I would never have known (I’m sure they don’t want people to know) I’m figuring that if I was able to interpret understand and apply laws accurately as I have- An attorney could probably show that I’ve only scratched the surface. —— point being is the top (controlling interest) do not even try to hide their activities and practices anymore I think that is worse to joe public because it’s a big laugh for them…. They are saying WE ARE DOING THIS AND THROWING IT RIGHT IN YOUR FACE. THEY THINK THE PEOPLE ARE INTELLECTUALLY INFERIOR To them and will not challenge or oppose more than petty complaints. DO NOT PROVE THEM RIGHT ABOUT THAT.

    1. Aaron says:

      Hi James. I was wondering if you would be willing to contact me on let me contact you. I am trying to decide if I want to fight Chase. I would appreciate your help if your willing. Thanks.

      1. Jason says:

        Be happy to share info and how to find the info without the pain of navigating the maze like I originally did

        1. James says:

          James not sure why it typed Jason

      2. Debbie says:

        Hi Aaron. Did you and James get together. Can I join in with you guys? I thought I had a good case against Chase until I read all of this and see the writing on the wall/ PLEASE contact me at EMAIL ADDRESS REMOVED BY ADMIN. DON’T POST EMAIL ADDRESSES PUBLICLY. SPAMMERS AND SCAMMERS WILL USE IT TO TRY TO STEAL YOUR IDENTITY. I look forward to hearing from you. Thank you, Debbie

  9. James says:

    SOME People are just beginning to WAKE UP to this bull shhhhh that thy have been allowing to go on. But, sadly there are still way too many semi conscious people that can not accept or believe it. I have no sympothetic feelings for any complainers reporting the “news given to them from propaganda deflection media — I’m not only dealing with this fraud they are attempting to use on foreclosure BS! —– I’m also still trying to get my house back from Sandy! YES. THEY ARE TRYING TO FORECLOSE ON A HOISE THAT DOESNT EXIST RIHT NOW BECAUSE IM HAVE BEEN waiting FOR THE FUNDS TO REBUILD (I had flood insurance and was current on my mortgage before the storm took down my house ) OVER 2 years now I’m still waiting —- IF INSURANCE COMPANIES DONT HAVE TO PAY(including gov flood insurance I was paying) BANKS GET DEFAULT SWAPS AND BAIL OUTS. WELL NOT ME !!!!!!! People wake up and do something. We don’t need the 1% they need us. SIMPLE MATH —- without the average joe they have no business, no workers /slaves. Look up what the plebeians in Roman Empire did and than question if you think there is nothin we can do about this

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