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A 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
People start accepting situations that are not acceptable. Every single person here reports on how many times Chase Bank has LOST DOCUMENTS this is fraud in the inception. You need to look at the habitual pattern. Actually Federal Criminal Prosecutors should have done this ages ago. This is repetitive -fraudulent behavior. Why are we supporting anyone who is in Politics who is not or has not moved to take down Wells Fargo, Chase, Bank of America and Citi Bank.. Currently these big corporate ass bites control the government but eventually if the population refuses to vote for the folks who are in office now getting their payola …eventually there will be a message sent. Every single state and every politician is answerable both State and Federal. DO NOT VOTE FOR THE PEOPLE WHO LIE TO YOU AND DO NOT SUPPORT THE RIGHT CONSEQUENCES FOR THEIR ACTIONS. IF THAT MEANS NOT VOTING SO BE IT. ANNIE
they had refused to modify I tried to with then six times and they keep not going throw with they change reps four times on me and they had a phone number on the account that should have not been there I did a forbearance was in the amount of $2800 to modify and they did nothing with that and they still try to foreclose on me my irate is high it’s 6.25 % and they still won’t do anything to help
In June 2009 we had fallen behind due to reduced hours on my job and then I had to replace my car after spending too much money trying to fix it. I kept hearing the Obama making homes affordable ads so I contacted Chase for help and applied for the loan modification, I was told to skip July and August, then make September, October, and November, so I made September, and in October I was then told that my modification was approved, but not to make any payments until I received my paperwork. I waited about two weeks and began to worry so I called Chase Loan Modification Dept. back and I was then told that it could take a year and to keep waiting. During the wait I didn’t receive anything in writing, only by phone and always the same things “just calling to touch bases with you, we’re still waiting on the underwriters” or they call to tell me that they have sat on my documents for so long that they are outdated and I need to send in updated ones soon as possible to avoid being denied. This happened about six times.
Finally in late spring 2010 I received Modification package to sign but it wasn’t modified, it was the same as it was before within a few dollars. So basically they instructed me to stop making payments and kept me waiting for a year to send a modification that’s no different than what I had, so I tried every way I knew to reach them but they avoided me completely until the package expired then the communication was back on. I tried to get them to explain this but all they would say was to reapply so I did and it was the same repetitive process as before, I send them the documents and they sit on them until they were too old to use, so I send more.
In 2011 I received a notice that I’ve been declined because I didn’t return documents they say they sent but I never received, no phone calls, no nothing, they obviously couldn’t prove it so they told me to reapply again so I did and about 7 to 8 months later I received a notice that I’ve been declined because they couldn’t reach me, so I checked my phone and found no missed calls from them. They had no problem reaching me to ask for more documents or to decline my modification so therefore their reason for declining my modification was proved to be false by their own actions. Chase wouldn’t attempt to explain this one either but they did tell me to reapply, so I sent in the requested documents and started over, this was a repetitive process from the start because every time I reapply someone at Chase throws a wrench in it.
In March 2012 I finally received a modification package and it was reduced from 1915.00 to 1839.00 about 76.00. I expected way better but for the sake of moving forward I signed all the necessary documents and returned them. I thought for sure this is going to happen this time so I started my trial payments. The first one was in April 2012 and the second one May 2012, but after a couple of weeks (May 20th ) I received a notice that I’ve been declined again because this time my May payment was returned as insufficient. I have documented proof that the funds were available and the payment was processed so I confronted them about how this happen and they told me that the Chase representative that processed my May payment didn’t enter enough numbers for my bank account and it came back as insufficient, So I contacted the bank and they said that this was impossible because it would have never given confirmation without the full bank number and they would have known while I was still on the phone, instead they wait till the trial period expired to notify me. A prime example of deliberate sabotage. Again I confronted them and they told me to send in a dispute letter so I did and I never heard back from that.
On November 6th 2012 I got laid off from my job of 9 years at Elster Solutions llc. which got sent to Mexico and on the following month “December 20th” Chase filed the foreclosure as if they were waiting for this to happen, it’s not like they couldn’t go online and Google my company, we did and we knew. I’m sure that if they did they would have known in advance and this would explain the excessive waiting. In January 2013 I applied for the Forbearance Program and Chase case manager Traci was assigned to me. I asked her about my foreclosure hearing and she told me that because my case was being reviewed the hearing was being postponed and that I would be notified of the new date. I found out later that I missed my hearing because she lied to me.
On May 28th I started working for Brooks Machine & Design as a CNC Machinist and was being paid very close to the same as Elster so I immediately contacted Chase to reapply for a modification in person and they told me to come to their office in Fayetteville, NC on June,14th and met with Chase representative Mahailia who assisted me in reapplying for the modification. On August,27th 2013 Mahailia sent me a letter telling me they couldn’t modify my loan because of the missed trial payment that they were responsible for and that my income was way too low. Mahailia changed the amount of my monthly income on my last modification application from the actual amount $3140.00 to a fictitious $760.45 and then declined my application, fraud again. I also shared evidence of this fact with Chase’s attorneys. Mahailia requested a letter from my new job at Brooks Machine and Design and was not happy with the letter they presented, then requested another. This made them angry with me. It seems that everything Chase has done has caused me damages. Because of the foreclosure sell date closing in on me and my family, I began to struggle looking for help thru the HUD office. I had to call at times between lunch and break and I tried to explain this to employer but, it costed me my job just the same. I feel that because of Chase’s several acts of fraud in this case they are responsible for me losing my job.
Timothy Gray Petway
I had the same problems with CHASE I’ve been fighting for 14 yrs. They foreclosed, even after we filed appeal the courts were working with CHASE in Mo. Courts , they evicted me by means of a traffic cop, and I watched in horror as the people doing the eviction loaded their cars with my belongings , the following night ,,I cant prove it was Chase but my house burnt down 11 fire trucks and not a drop of water was used, .in Mo courts after 56 continuences for a quiet title case , they told me they didnt have a judge to hear my case, however quiet title cases were heard daily from circuit clerks office I asked for a change of venue 10 times each time denied , even asked for a outside judge to hear the case I was denied, went thru the same process as you with all the modifications . Mine was one of the wamu transferred to Chase ..a nightmare for 15 yrs now they filed a suite against me for 15 yrs of legal fees and garnished my wages ..forcing me into retirement ,I had worked there for 33 yrs, and loved my job at Special School Dist.
Long story short, my escrows account was short by almost $3700 in June of 2013 due to a mistake made by Chase. I agreed to have my mortgage payment go up from $1300 to $1600 a month only to find out that now in November of 2014 that my escrows account is short by $2000 and my taxes have only gone up approximately $200 in the last couple of years. I have a contract with them to provide a service (escrows account) and they continuously fail at providing a creditable answer on how it happened and how to fix it. Has anyone had this problem too? Also can anyone help in this matter?
I HAVE A SITUATION WHERE OVER 6 YEARS AGO I TRIED TO GIVE THIS HOUSE BACK TO CHASE BANK BUT THEY REFRUSED IT , I TRIED TO DO A DEED IN LIEU, BECAUSE THE REAL ESTATE COMPANY I HIRED COULDN’T SELL IT BECAUSE OF THE NEIGHBORHOOD GETTING BAD AND I COULDN’T AFFORD TO REPAIR THINGS BECAUSE I AM ON TOTAL DISABILITY AND HAD TO LEAVE THE AREA FOR MY HEALTH. NOW I GET A LETTER THE OTHER DAY SAYING THAT THEY ARE RELEASING MY LIEN THEY HAD ON THE HOUSE.!!! AND THEY WANT ME TO PAY ALL THE BACK TAXES WHICH IS OVER 7,000.00 THERE IS NO WAY POSSIBLE I CAN DO THAT LIVING OUT WEST AND TRYING TO MAKE IT HERE BECAUSE IT IS VERY EXPENSIVE. I WOULD LIKE TO JOIN ANY CLASS ACTION SUIT AGAINST THEM, BUT THE HOUSE IS IN OHIO.
I’m on the same boat as everyone else with Chase. Been trying a modification after loosing my job for 2 yrs now and Chase is trying to foreclose me now although I’m only 4 months behind. They have actually increased my monthly payments. Can anyone recommend a good attorney in South Florida?
All this happen to me and my husband, I no they got sued But what I don’t get is why everyone who was rip off in there scam didn’t get this wipe off there credit report? They really expect for all us who lost our homes to pay anyway!!
I was in the class action suit with Chase military family. Chase reported to credit report false amount of money owed. Now I just checked my credit repot to refinance away from Chase and they are doing it again jacking up the amount we owe so we can.t refinance again.
ps: (jlnphpclub@yahoo.com) i’m still living in my home at malakoff texas i wll keep the faith and keep fighting till they evict me.
i am a disabled vietnam veteran, i have been fighting chase bank her in texas for 5 yrs now, and all their disceeving tactics and lies like have been mentioned above and more happened to me and my wife. (while trying to get short sale they got my realestate agent to turn againt us who we trusted. we signed a short sale agreement that if we did not sign paper work from chase would cost us 3,000 dollars. the paper work we got was not for short sale but a modification. that would put us back in debt to chase and responsible for all charges etc), they have been ruining both our credit and my wife was not even on the loan, that should be against the law, thanks for the lawyers above. the lawyers i called 75% worked for chase. we still have our deed in hand i hope what some one above is correct. I have been fighting two wars on the home front, chase bank threating forclosure for 5 yrs and fighting VA for my military service connected disabilitys for 14 yrs now, and just a yr ago gt lawyers to fight for me against VA. in 2000 i had VA ent surgery they punched hole in skull told no one and covered up his mistake. i was left out there fiighting off brain infection every 2~3 days for 8 months, lost 90 % spinal fluid and with brain in ear cannal, having 10 times worse then migrain headaches. had reconstructive ear bone surgery in 2001 which documented first surgeons mistake and cover up which was criminal intent, then 2 months later had brain surgery, they had to cut out part of my brain that died. an open and shut case of mallpractice but used a VA lawyer that never helped me. was denied and no compinsation because he never viled aappeal. cased closed. lost engineering carrier, borrowed against home equity to start own bussiness as independent contraactor truck driver. big mistake with degenerative joint and disc disease, i was disabled in 2010. found out i should have been disabled 100% in 2003 with service connected disability alone, let alone the braiin injury. top it all off the brain surgery of 2001 failed in 2012 and had brain in ear cannal again fighting off brain infectionand had out side surgeon fix in feb 2013. talk about bad luck in 2013 wife had herniated disc low back had low back surgery that failed and she was bed ridden invilid for 6 months then we had to get same surgeon to fix the problem as no one else would toucher and she was in excresiating pain. her second ; low back surgery failed and her morphine pump was not working first night, with lousy health care of hospital she was given wrong medication, which she was alergic to (two days after low back surgery)her alergic reaction nearly killed her and caused her to have heart attack the next morning resulting in heart cathorization and open heart 5 by pass surgery the next day, with three weeks in rehab hospital. and her 2nd low back surgery has failed also and she is only know being able to get arround on a walker. i have three herniated discs since 1995 and have to use a walker. but at least we are not in nursing home. i designed and built my 220,000 dollar geodesic lake home and owed no one on it untill my brain injury by VA. if our VA lawyer would have fought for us, i would have been disabled in 2003 and would never have financed house. i will call those lawyers tomorrow and hopefully things will turn arround for us. chase is still trying to take my home by claiming it as abanded. as this last yr i was having to take care of my wife who moved in with relitives in 2009 for feer of being forclosed and evicted. chase has discriminated against the elderly and disabled in spite of catastrophic circumstances. they have no conciense. they are just ruthless and have economically inslaved the world. i will try and start my jlnphpclub@yahoo.com this year as my fuel miser which gets 50 miles per gal in my expidition and ford f-150. and this improved prototype should increase the milage to 2500 mpg and will run vehicles on water only. (hydrogen and oxygen for fuel no polution) this is a php club people helping people, and we will help all members get out of debt in one yr and off the grid , no utilities and eventualy new modes of transportation and much more and every one will be self suficient. i thank all of you for for your coments. we have all suffered and its time to fight back, this is an economic war that we can all win if we work together.