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. Anonymous says:

    I am having very similar problems with Chase.
    2.5 years ago I had 100K+ equity in my house. Even with the market drop, I still have equity in my house (on paper). Over 2.5 years they systematically dragged me through HAMP processes, until the arrears payments and ‘fees’ are so high, that I can not recover from them.
    In addition to misleading and purposely leading me down a path of re-applying for HAMP which is like quicksand, they are also blatantly in non-compliance of HAMP regulations for consumer protection. They are having all kinds of documentation and procedural problems, but are hiding behind extending my foreclosure date to give them time to figure out how to correct and get my residence.
    Based in Michigan I am having difficulty finding a competent attorney willing to take my case.
    Any referrals to an attorney or class action suit are greatly appreciated.

  2. Anonymous says:

    so many problems with chase, i could just scream, late payment charges when payment was on time, refused to mod. my loan even though they said i was approved, refused an extension, finally forced to file chapter 13, then short sale my home, lost thousands, now chase refuses to return escrow overage.

    worst bank ever, multi frauds. heartless people run this bank.

  3. Anonymous says:

    need best class action suit attorney to file against chase i reside in san leandro, ca

  4. Anonymous says:

    need contact info for best class action attorney to file against chase

  5. Anonymous says:

    Same thing happed to me. Chase claim I did not make enough and declined me after paying all required trial payments.

  6. Anonymous says:

    We had a loan thru Chase and was in the process of mortgage mod. when they sold our loan to a chase spinoff lender, Kondor. This, among other shady tactics allowed them to foreclose on our home of 16 years, and were given 3 days to remove our things, among them a fully equipped Fabrication shop, and 16 years of accumulated “stuff”, 4 pets and our kids memories. Its been 9 months and we are still in mourning not just of losing our home but how it was done. if they had given me ample time,30 days? it would not have been so bad. I guess they figured i’d have time to realize their ruse and get an attorney. In a nut shell they lied and strung us along until the jig was up then hid behind the police the day of our eviction. If anyone out their is experiencing the same, please get an attorney!

  7. Anonymous says:

    Lots of the same similar reports are recorded on ConsumerAffairs.com. My complaint is also listed there as I too am in foreclosure status due to the negligent practices of JP Morgan Chase. I encourage everyone to go to this website and file a report. At least it’s documented in one place and if a class action lawsuit filed, we are all there in one place.

  8. Anonymous says:

    I’m In Calif where they failed to disclose I would have to come with all funds (plus late fees and penalties that were saved under a 6 month forbearance.At the end of my 6 month forbearance I got a bill for 9,000.00. I had asked for a temp reduction to pay med bills. Those are paid, now I lose my home? This should be against the law ALL TERMS SHOULD BE DISCLOSED IN WRITTING.

  9. Anonymous says:

    I am in illinois and jpm chase did the same thing to me and never told me!!! my home was foreclosed on and chase never told me i found out from a foreclosure lawyer who solicited me!!!!

  10. Anonymous says:

    I Kelly Conlin, too called Chase in 2009 to try for a modification, they put us on a three month trial, and said that if you pay the payments on time your loan will be modified either to what the trial amount was or lower. they continued to tell me every month because I called them 2 times a month every month and this went on for a year. Chase also did not tell me they were not going to be taking out my escrow during all this time, and now three years almost later and they are informing me of and escrow deficientcy and my mortgage payment will be going up 400$$, when I called to find out what happened they told me to try for another modification,which I was leary but tried and was still denied, so now I am being penalized for their mistakes..

    1. patricia ameral says:

      I hear all of you. I started with the tial payments Nov ’12, on my (1989 originated preditor loan) then at the end of my trial, which came supposedly May ’13. Lots going on between that –totally unbelievable. June of ’13 they closed my escrow account! after months of meets with the first housing agency and the AG’s Office, before a permanent modification, which never came, not offered a decent payment (but a higher payment) without due compensations. I was involved with the housing counseling agency, which confirmed my loan to be a preditor loan and that I ALSO according to the AG’s office was supposed to get my principal balance “forgiven” (BS!!) even They later recanted!!. telling me to go along with Chases’ higher payment and denying it to be a preditor loan (being charged $280,000 interest on a $72,400 –1989 loan), and with that deficiency escrow thing. When I started with this trial mod Nov ’12, I was ahead on my escrow, I got a reimbursement check back for overpayment from my insurance company of over $100.–, because Chase started paying it out of my payments. Now (Jan 14) they tell me that I am $3,500+ in deficiency with my escrow and Where the Hell are my payments towards this??. They only paid my escrow for about a year, less then that amount. Then I went back to the AG’s housing office more BS!!! Now I am with a third housing counseling agency and applying AGAIN directly to Fannie Mae, only this time Fannie Mae promised to audit my preditor loan, for compensations to be applied against my Chase (BS) balance, which the whole thing is based on. I am sending more FAXES and mailings over and over, Someone needs to get Chase to be exposed for their sharklike feeding frenzy on all of our loans.
      That isn’t enough I got a second loan a home equity loan owned by Chase in 2005 -and not Fannie Mae, another BS loan. I have been paying on this Chase loan for almost 9 yrs and not only has the balance Not gone down, but actually gone up and Chase denying anything wrong with it!!! All of you DO NOT Keep Silent!!!!! I also have an active complaint against Chase bank with the CFPB, while I have also called my local news media and am awaiting a 2nd call to meet. Anyone says the word “Foreclosure” from this banking moblike group, to me. when They owe me tons of monies back, I will make it to the courts and into the news, I will not go silently onto the streets.
      If things improve I will let you folks know and how it was done, I am not holding my breath!!!

      1. Merrie says:

        Look up “qualified written request” and file one. Ask for a copy of the title deed and state all your concerns. File a complaint to the federal trade commission, and CC it on your QWR. Beat Jamie Diamon at his own game! MCB

        1. Merrie says:

          They dont have the original title deed! Ask for it in a qualified written request! If they cant produce it they have NO legal authority to collect or foreclose! All mortgages bundled and sold on the stock market were separated from their original tile deeds! A mortgage is not an instrument its all a big scam! MCB

      2. l snider says:

        Patricia, they are in a settlement now that is supposed to be decided in the homeowners favor in May 2014. There is a class action lawsuit. It appears it originated in California and there were so many people it affected that it became a class action lawsuit in 2011. It has to do with all the erroneous things that they did to the homeowner regarding loan modification. I received a notice saying I was part of the class action lawsuit. I went thru forebearance, trial mod and received a permanent modification in June 2010 that I was so happy with and made 5 payments on the permanent modification and Chase reneged saying that the modification documents were never uploaded in their system yet they were taking my payments. I am in florida I am still fighting them today and will continue to fight them. They are nothing more than legal bullies and don’t let them win. I have considered contacting the media too. I am praying that this lawsuit will bring relief for a lot of people who have been mistreated by Chase. I am sure Heaven’s gate will not be welcoming Jamie Dimon.

        1. patty maxim says:

          case has just one has just done the same thing to me how do I get ahold of the attorney’s on this class action suit

          1. johnson gichege says:

            I need help in class action.

    2. patty maxim says:

      lawyer interested in class action on escrow bs by chase.
      Albert Mercado
      949-556-3652
      also interested in other complaints against chase

      1. me says:

        I wonder if he could help us we were denied a mod on a usda loan and now that may have been fraud

      2. johnson gichege says:

        denied mod and no proper compensation on IFR.

      3. laura robertson says:

        Chase bank offered a 60 month payback on escrow shortage. Which I excepted. But is taking most of my escrow for up coming taxes as payment for shortage they gave me 60 months to pay back

      4. christine says:

        Chase is more than tripling our escrow and continues to raise our payments

      5. zero says:

        chase and the court are one .

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