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see 9.06.2011 RICO-Chase-Initial-Complaint

“CHASE HOME FINANCE LLC (hereafter “CHF”) is and was at all times material hereto a foreign (non-Florida incorporated) corporation which engaged in a regular and systematic course of conduct in Florida including Palm Beach County, Florida and the other jurisdictions identified herein, which conduct included but was and is not limited to false claims of the acquisition of mortgage loans relating to real property; the institution of fraudulent threats of foreclosure and fraudulent foreclosure proceedings based on false and fraudulent misrepresentations; the fraudulent collection of monies allegedly owed on secured promissory notes as to mortgage loans through false and fraudulent misrepresentations; and the perpetration of frauds upon the Courts of the United States through false and fraudulent misrepresentations in connection with the filing of foreclosure actions and the prosecution of non-judicial foreclosure actions, which conduct, in the aggregate and in the manner executed, constituted a pattern of criminal activity.”

Yesterday, September 02, 2011, 11:10:03 AM | Jeff Barnes
September 2, 2011

(updated post from this morning, as we have literally
received a blizzard of telephone calls since this post was first put
up today)

Thirty-two Plaintiffs have filed a multi-count Complaint in the
Circuit Court for Palm Beach County, Florida against JPMorgan Chase
Bank and Chase Home Finance, LLC. The Plaintiffs retained Jeff Barnes,
Esq., whose Firm, W. J. Barnes, P.A., filed the action last Friday.

The 29-page Complaint alleges several causes of action including
violations of the Florida RICO Act, and requests temporary and
permanent injunctive relief on a national level to halt all
Chase-related foreclosure activity in the eight (8) separate states in
which the Plaintiffs reside. The Complaint alleges a pattern of
criminal activity on the part of JPMorgan Chase Bank and Chase Home
Finance in connection with the institution of both judicial and
non-judicial foreclosures, including but not limited to the filing and
recording, in the public records, of forged and fraudulent documents;
fraudulent collection activities; intentional misuse of the MERS
system; and the intentional misrepresentation, in foreclosures across
the United States, that Chase is the “successor in interest” to
Washington Mutual Bank when in fact Chase itself has affirmatively
represented, in multiple Federal court filings in different states,
that it is NOT the successor in interest to WaMu, and only purchased
certain defined assets and liabilities from the FDIC as Receiver for

Since this article was originally posted this morning, we have had
almost non-stop telephone calls from other victims of JPM and CHF who
have told us the same thing over and over: that in their foreclosure,
the same “Chase is the successor to WaMu” representation was made,
which was done in an apparent attempt to foist a cloak of legal
standing on the Chase entity which instituted the foreclosure. It thus
appears, even at this early juncture, that the scope of the illegal
and fraudulent conduct set forth in the Complaint is even more
widespread than we could have imagined.

The Asset Purchase Agreement between the FIDC and Chase is over 70
pages long, yet the purchase by Chase of the certain assets from the
FDIC as Recceiver for WaMu coincidentially took place on exactly the
same day that WaMu failed and was taken over by the FDIC.

The Complaint details the common wrongful actions of JPM and CHF
utilized in both judicial and non-judicial foreclosures instituted
across the United States, characterizing the conduct as a
“nationalized fraud”.

The Plaintiffs have also filed a Request for Production of Documents
which is being served on JPM and CHF which requests the production of
fifty-four (54) separate categories of documents relating to the
Plaintiffs’ mortgage loans. This same discovery has previously been
compelled, by Court Order, to be produced by foreclosing parties in
numerous other cases throughout the United States where Mr. Barnes and
his local counsel have propounded this discovery in connection with
individual foreclosure challenges.

The Complaint is not a class action and is not a “mass joinder” case.
It is a multi-Plaintiff action, which is not subject to the rigors of
class actions such as certification of the class, and was never, at
any time, advertised or intended to be a “mass joinder” case such as
those the subject of the recent “K2″ debacle. The case is also not
related or affiliated, in any way, to any other litigation instituted
against the Chase entities by any other group or which may be posted
on any other websites, which other websites are apparently attempting
to link other Chase-related lawsuits with the Florida action the
subject of this article.

The action is the second RICO-based Complaint filed by Mr. Barnes’
Firm in recent weeks. The Firm previously filed an action in Arizona
against M&I Marshall & Isley Bank which is grounded in part on
violations of the Arizona RICO statute. That action is pending in

Jeff Barnes, Esq.,

37 Responses

  1. from j.d.chaffee previous responese concerning Chase,would like correspodence pho. no. of Attny Jeff Barnes I live in Oklahoma what are the statutes regarding Chase illegal activities myu pho is 918=616-6418 thankyou J.D.Chaffee

  2. Chase had missusesed escrow until I caught it they sent insurance payment to an not recommended agency they also up my house payment about 72,00 more for their error had recovered the check and forward to Chase thought problem solved no.2get threatening foreslosure due to them not applying to house payment.Jumped their ass to correct their records then I remembered Ricco Act sent complaint to U.S.Attny Wash.D.D. Chase will not modify no home loans stupid excuses.Lets give them hell and put them out of business for criminal and civil. J.D.Chaffee


  4. The guy is right about some class-action attorneys, that’s for sure. Jeff Barnes may not prevail on his action, but he is not imo in the category of attorneys who take money and throw something up against the wall to see if it will stick. What any of these ‘legitimate’ attorneys need imo is help from other attorneys, even if it’s pro bono or anonymously.


  6. so what he has filed a classs act case; it will go no where as the bankers have it all worked out with the devil in the lawyers and the details for sure!!!!!! Be careful consumers, know the lawyer you place your case with, many are willing to accept money and do nothing for you, their client and are willing to throw the case as that sounds like 30 loan modifications to me, what a lot of these lawyers are, that is, loan modifiers acting as trial lawyers they are not

  7. Shelly Erickson may I introduce you to ‘fellow’ in same situation with knowledge of what to do. He is from NY. 973-347-3475

  8. meant to say ILLEGALLY foreclosed homes..


  10. Anyone know the answer to this: a judge sua sponte verbally ordered the
    bankster to produce a complete chain of title for the dot. The bankster didn’t, and the homeowner failed to sqwauk about it. The question is: must a party sqwauk about non-compliance with a sua sponte order? Or is it on the court to enforce such an order?

  11. ‘First, the courts need sufficient facts in the
    pleading to enable them to distinguish between well founded and
    frivolous claims in order to prevent the “overenthusiastic use of RICO”.

    That’s actually rich. Why don’t courts say, ” The courts need sufficient facts in the pleading (the one which demands to take your home) to distinguish between unfounded, frivolous claims of interest in the home to prevent the theft of the home by a party with no interest?”

    It’s messed. The judiciary needs to get its act together. Homeowners are not actually required to prove Joe Bankster does NOT have an interest in their homes. It’s on the bankster to prove it does. Courts need to wake up and read their own stinking rules of evidence that they might properly apply those rules in attempts to take real property. Without an understanding
    (and giving a rusty) about how securitization works, judges cannot make informed decisions. Yeah, I’m gonna be thrilled if the NY AG is successful in his bid to do more than let the criminials off with a paltry fine, but I’d be happier if the courts in this country would put the onus where it belongs as to foreclosure on Main Street’s most valuable assets.

  12. Attorney K.E. Trent filed a RICO action in Florida in 2010. The case was
    Figueroa v. MERScorp, Inc, Law Offices of David J. Stern, Chase, FNMA, and everyone else and their brothers, No. 10-cv-61296. I don’t think it survived a motion to dismiss. Might be worth reading for the pro’s and con’s of RICO claims. Another interesting and informative read is an older case in NV: Hale v Burkhardt, 104 Nev. 632 (this is NV specific, but probably mirrors other state and federal statutes):

    “Having decided that a civil RICO plaintiff need not plead and
    prove either criminal convictions or separate “racketeering
    injuries,” we next consider Hale’s principal issue….

    Presumably (although not specifically charged) the “predicate
    crimes” upon which the RICO cause of action is based are
    violations of NRS 205.380, obtaining money, property or labor
    under false pretenses. A false pretense is a representation of
    some fact or circumstance which is not true and is calculated to
    mislead; it may consist of any words or actions intended to
    deceive. Buckner v. State, 95 Nev. 117, 590 P.2d 628 (1979).

    The principal defect in Hale’s pleading is that no false
    pretense is averred. In reading each of the three supposedly
    criminal schemes set forth in the complaint, we are unable to
    determine just what, if any, untrue representations Burkhardt is
    charged with having criminally made to Hale. Even where
    conclusory statements hint at what might relate to some kind of
    misrepresentation, the statements are so lacking in content as to
    render them unintelligible as accusatory averments. Absent
    allegations of false pretenses, pleading of the so-called
    predicate crimes is jurisdictionally deficient, and Hale is not
    entitled to any RICO relief under this pleading…………

    The federal courts have demanded specificity in pleading the
    racketeering acts in a civil RICO cause of action. For example,
    the court in Bache Halsey Stuart Shields v. Tracy Collins Bank,
    558 F. Supp. 1042 (C.D. Utah 1983), ruled that the “factual
    basis” of acts of racketeering must be “set out with
    particularity.” Bache Halsey, 558 F. Supp. at 1045-46; see
    also Bamco 18 v. Reeves, 675 F. Supp. 826 (S.D.N.Y. 1987); Banco
    de Desarrollo Agropecuario v. Gibbs, 640 F. Supp. 1168 (S.D.Fla.
    1986); Laterza v. American Broadcasting Co., Inc., 581 F. Supp. 408
    (S.D.N.Y. 1984). As in federal jurisprudence, an action
    brought under NRS 207.470, although civil in nature, nevertheless
    may involve the pleading of racketeering-related predicate
    crimes; and there is no reason the requirement of pleading with
    particularity should not apply in state actions just as it does
    in the federal context.

    In addition to recognizing the quasi-criminal nature of the
    civil RICO cause of action, the court in Bache Halsey expressed
    two other reasons for its insistence on specificity in a civil
    RICO pleading. First, the courts need sufficient facts in the
    pleading to enable them to distinguish between well founded and
    frivolous claims in order to prevent the “overenthusiastic” use
    of RICO………….”

    Hale’s RICO claims were dismissed apparently because he failed to
    articulate where, when, who, a specificity required to avoid dismissal, just as with “general” fraud allegations.

  13. WELL YOU CAN ADD ME TO THIS LIST ALSO. Mine is not a MERS, however is Chase claiming to be the successor in interest, and Deutsche is trying to foreclose for Chase. Chase Home Servicing is the servicer that approved my modification then after five payments sent me a letter disqualifing me and therefore turning my modification payments( I made on time, with no reason to do this to me,) told me due to the O’bama Changes I know did not qualify and my mod payments were now considered to be partial payments and I was in foreclosure. I was also told by three servicer employees to purposely fall behind inorder to qualify.

  14. Jean Michel LeTennier They won’t buy North Dakota 😉 but yes, there is mor eOil in MOntana/NOrth dakota than in Suadie Arabia
    It cost 16$ to pull out of ground and refine into GASOLINE.. so why are we paying 100$+ a barrel..?
    12 hours ago · OH, I forgot, EXXON MOBILE is owned by Rockefeller and oh yes he owns JPMorgan too.. what a coincidance

    Nancy Drewe Amazing watching what is going on in North Dakota. Like what was going on back in 1950’s 1960’s dirt being turned into community, with school, library, police, firemen, oil delivery companies, restraurants, Walmart you’ll know what type of company not to open – lots and lots of opportunity to start over. Trucker interviewed last nigh said last year in another state he made $30K, this year he will make $80K.
    What about the fact ‘North Dakota’ owns its own bank

    12 hours ago · LikeUnlike.Jean Michel LeTennier
    I know about this.. also.. but the power houses don’t want anyone to know; the bank does not do FRACTIONAL BANKING; only loans what it has on the books; any state can charter it’s own bank;does not require federal authority
    only loans what it has on the books
    any state can charter it’s own bank
    does not require federal authority

  15. of Loan
    Seller has authority to Sell, transfer and assign the same …(see manual not attached)
    Seller attests there has been no Assignment, sale or hypothecation thereof by Seller
    except the usual hypothecation of the documents in connection with Seller’s normal banking transactions in the conduct of its business.

    Hypothecation new word: (for me) When a person pledges a mortgage as collateral for a loan, it refers to the right that a banker has to liquidate goods if you fail to service a loan. The term also applies to securities in a margin account used as collateral for money loaned from a brokerage.

    You are said to “hypothecate” the mortgage when you pledge it as collateral for a loan

    New Word: Rehypothecation: When a broker pledges hypothecated client owned securities in a margin account to secure a bank loan. Rehypothecation also known as a margin loan. Related terms (Banking, Brokers, Pledged Asset, Hypothecation.

    Pledged Asset An asset that is transferred to a lender for the purpose of securing debt.

    The lender of the debt maintains possession of the pledged asset, but does not have ownership unless default occurs.

    A pledged asset is returned to the borrower when all conditions of the debt have be satisfied.

    Home buyers can sometimes pledge assets, such as securities, to lending institutions in order to reduce the necessary down payment. Thus, these securities would not have to be sold in order to meet the down-payment requirements, allowing for any capital appreciation while maintaining the associate mortgage benefits.

    Related terms Capital appreciation; Collateral; Default; Hypothecation, Loan, Mortgage, Rehypothecation …
    Bonds, Fixed Income, Personal Finance

    What Does Default Mean?
    1. The failure to promptly pay interest or principal when due. Default occurs when a debtor is unable to meet the legal obligation of debt repayment. Borrowers may default when they are unable to make the required payment or are unwilling to honor the debt.

    2. The failure to perform on a futures contract as required by an exchange. Investopedia explains Default

    1. Defaulting on a debt obligation can place a company or individual in financial trouble. The lender will see a default as a sign that the borrower is not likely to make future payments. For example, if Company XYZ is unable to make a coupon payment on its bonds, the bondholders would place XYZ in bankruptcy. This would give the company an opportunity to claim XYZ’s assets as a form of repayment for the debt.

    2. Defaulting on a futures contract occurs when one party does not fulfill the obligations set forth by the agreement. The default usually involves not settling the contract by the required date. A person in the short position will default if he or she fails to deliver the goods at the end of the contract. The long position defaults when payment is not provided by the settlement date.

    What you don’t understand will hurt you.

    We all proved that we are stupid people who signed stupid contracts. The Court will say prudent buyers beware.

    Obligor (Seller of loan) on your behalf signed mortgage backed note separating at time of ‘purchase’ of financial product the note from the debt. The Servicer c/o Purchaser sold back servicing rights takes possession of pledged asset cash of promissory note borrower co-signed.

    The Temporary Lender recorded as the only document ‘Mortgage/Deed of Trust’ proves we did not understand that the ‘TRUST’ Cash paid by Purchaser separated the Note and DEED at time of purchase of ‘mortgage’ a financial product placed into public domain.

    The Obligor has the OBLIGATION to pay all principal and interest payments on a debt. We are the debtor c/o Obligor who allowed affiliates as third parties to Sell Loans purchased by …

    Because you did not seek a copy of the Obligor’s contracts, you accepted ‘Hypothecation’ c/o Obligor whose separated Agreements, Sale & Servicer Agreement, Loan Purchase Agreement, etc., at time of sale ‘purchase of a mortgage’ cash in exchange for deed of trust, you allowed the ‘note’ and deed to be separated. Did you intend to review agreements available on the public domain? SECINFO. com and ffiec gov which reveal important documents and reveals how currency flows through Federal Reserve System as related to your loan, seller, purchaser, obligor, servicer, subservicer, robo-firm, etc. Com, and FFIEC . GOV Federal Reserve System reveals how the money moves to/from Parent Chase Manhattan Corporation 1998, 1998 with entity – data processing servicer is the Federal Reserve System Classification – Mortgage Electronic Registration Systems, Inc. (MERS). and all MERS Members then by default c/o FREDDIE MAC shareowner are ‘affiliates’ of national banks Mortgage Servicers (Norwest Mortgage, Inc., Americas Servicing Co, Premier Asset Services, Wells Fargo Home Mortgage, Chase Home Lending, GMAC Mortgage Corp of IA, ….

    You don’t understand what I’m talking about. Sorry. Call for I’m happy to help you understand what you don’t know what is harming you, your family, friends, neighbors, your municipality, your state and nation and why you need a good attorney and if you can’t afford one why you need to sign up with Legal Services right away. I don’t provide legal information because I’m not a lawyer and I don’t know legal things even if I think I do. I am learning Civil Procedure, what is lawful and what is not lawful, and loopholes why the State Attorney Generals may not protect consumers harmed by unlawful acts when Congress vested Jurisdiction to State Attorney Generals. All the harm and hurt comes back since 1996 c/o OCC and Federal Reserve and who was President then? Of Right Bill Clinton Former President of USA who snuck thru during last act the extraordinary powers to Federal Reserve, Freddie Mac, OCC, Financial Holding Companies, etc. But we can’t blame just former President Clinton. Not one member of Congress has lifted a finger other than to increase the budget and debt ceiling and pays Federal Reserve and keeps printing more money. If you are a Common Shareholder your ‘dollar’ representing a share is worth 1 penny.

    Keep complaining that you don’t understand. I won’t give up.
    I don’t any anyone to roll over and lose their home through ignorance for if you do you are part of the problem and allowing the perpetrators to continue harm the economy one mortgage at a time. It’s bad enough both Houses of Congress, The OCC, The Federal Reserve, 12 Federal Home Mortgage Loan Corporations, FHA, HUD, and they pulled over federal taxes from you for the Consumer Financial Protection Agency who all protects government interest of only GINNEMAE guaranteed loans and self-interests of all private wealth institutional bankers and institutional investors. Do you think the FEDERAL RESERVE is the ‘Central Bank’? Nope sorry it’s not. Do you thing the FHMA lawsuits protect non-conforming loans NOPE does not.

  16. Maybe you don’t understand the point of the cut/pasting of the original 11 bank credit facility that started this mess connecting Lawyers Title Corporation, LandAmerica, Commonwealth, TD Financial Services, etc.

    In good faith, I’ll continue sharing good information. I’m a researcher not a blogger. I’m a consumer harmed finding loopholes that harmed the economy transaction by transaction. What are you doing in good faith? Anyone who is a consumer not a blogger who understand and wants to be the ghost writer fine meanwhile I’m not seeing in the public domain the information I’m sharing that is important to how the economy harmed by money laundering a crime against the nation collective acts intentional collaboration, collusion methodical movement of cash right out of the nation c/o Mortgage Servicers affiliates of national banks. Thank you “Office of the Comptroller of the Currency” Comptrollers Hawke, Duggan, and who is the new guy?

    You need an attorney who knows the law. How are you going to know if you have a good attorney? How will you ask educated questions if the attorney has fiduciary interests of others?

    RED FLAG, attorney who promises you a loan modification connected to REO Lender’s reo broker, lender, dealer agent affiliate beneficiary of the sub servicer, robo-mill default lenders?

    RED FLAG attorney who says you don’t have to pay anything upfront.

    Foreclosure was scary until Foreclosure gate. What is scary now is what Congress and the President, has not done about the OCC and CFPA c/o Federal Reserve.

    What you don’t understand will hurt you.

    We all proved that we are stupid people who signed stupid contracts. The Court will say prudent buyers beware.

    Obligor (Seller of loan) on your behalf signed mortgage backed note separating at time of ‘purchase’ of financial product the note from the debt. The Servicer c/o Purchaser sold back servicing rights takes possession of pledged asset cash of promissory note borrower co-signed.

    The Temporary Lender recorded as the only document ‘Mortgage/Deed of Trust’ proves we did not understand that the ‘TRUST’ Cash paid by Purchaser separated the Note and DEED at time of purchase of ‘mortgage’ a financial product placed into public domain.

    Alert all you whippersnappers signing the same documents today; ask for access to all of the related governing agreements between Seller and Purchaser, Obligor, Beneficiary, etc. Which were intentionally withheld by the Obligor from all who come before you? Make an educated decision that it’s ok your property deed and note are separated…

    Relationships – Relationships – Relationships

    Money Laundering – Money Laundering- MoneyLaundering

    Cover Up

    TREASON ‘money laundering’ harming economy with intent
    Five Year Plan based on ‘Credit Swaps’ 2004, 2005, 2006, 2007 yep September 2008.

  17. So call 9733473475

  18. Nancy Drewe: You do provide volumes of information, but it is so hard to read or determine where it came from, it doesn’t help much.

  19. Did you receive a letter advising the WELLS FARGO ‘loan’ you closed on that the closing fees charged may have been overcharged and you may be entitled to some refund?

    Take note of the date and year of the loan, the name of the ‘Temporary Lender.’

    Why? See any discrepancies?

    2003 the first real mortgage with an Owner’s Policy with amount of the 2006 refinance! Hello! 2006 refinance with WFHM div Wells Fargo Bank NA LENDER, as the mortgage noted as Wells Fargo Financial as the letter states. Hmm. Same company. Not the way the money flows on the ffiec . gov report.

    What this flage me is the data files used to generate the letter took loan Originated by Wells Fargo Financial aka Norwest Financial and overlaid the 2003 Loan Amount with the Loan Amount of the 2006 refinance. Evidence that the refinace was just a credit increase? That the DBT Co LTD, Non-Deposit Trust Company Non-Member ‘TRUST’ custody ‘cash’ deposited with Wells Fargo Asset Securities Corp ‘cash’ Depositor, Seller of Loan, DBT Co LTD was ordered by WFHM to issue the cash in the Remitter for Loan0123456789. A different loan # than the loan in 2003.

  20. Congress has put the FOX in charge of the Hen House and you know what that means NO EGGS!
    Is this what the US Constitution intended? Sovereign National private banking controlled by private wealth of foreign entities and foreign nations would be allowed to harm consumers as borrowers? Is that what Congress intended? Sanction means ‘while collar crimes’ fines instead of prosecution alleged unlawful business acts. Are you all ok with this?

    All affiliates of the Wells Fargo National BANK NA get away with harming the welfare of the nation and our families and we have to swallow hard – not a damn thing we can legally do about that as long as they are an affiliate of a national bank’s Mortgage Servicer.

    $85,000,000 dollars goes into the Federal Reserve Budget! Wonder how much goes to the bonus pool again. Anyone Home. Nope they are all on paid holiday. Able to collect fat pensions, excellent medical coverage better than what the tax payers will be forced to get.

    Private national banks etc. reports c/o Federal Reserve System by date, by Parent, by entity.

    c/o Federal Reserve System,
    Chase Manhattan Corporation Parent 1998:
    Chase Mortgage Corp + Chemical Bank + US Trust Corporation, by 1996, the largest in the Finance Universe
    Best Friends with FREDDIE MAC
    Protected by Federal Reserve private wealth
    Protected by OCC who blesses all transactions

    1998-1999 Freddie Mac & Chase Mortgage Corp c/o Federal Reserve System, Data Processing Servicer
    ‘Mortgage Electronic Registration Systems, Inc.

    Norwest Corp Parent 3/1996 RSSD ID 1120754 OF
    joint venture Chase, GMAC & Wells Fargo
    FootHill Group Inc. 2222066 Los Angeles CA Finance Company
    Norwest Financial Services Inc. 11419981 Des Moines IA Bank Holding Co
    Dial Bank 363956 Sioux Falls SD Non-Member Bank
    just up to Norwest Financial Inc.
    Dial National Bank 1225761 Des Moines IA National Bank money flows to/from Norwest Financial Services.
    Centurion Life Insurance Co 1149849 Des Moines and Centurion Agencies…RIGHT TO NORWEST FINANCIAL….



    —* Norwest Asset Securities Corp “NASCOR” (2495208)
    Des Moines IA – Domestic Entity Other Currency flows to from
    —* Norwest Structured Assets Inc. 2536035 Frederick MD Domestic Entity Other
    —*ATI Holding Co 1940318 Minneapolis MN
    —-* American Land Title Co Inc. 1844788 Omaha NE
    –* American Land Title Company of Kansas City Inc. 2228796
    -* Norwest Mortgage, Inc. 1632332 Des Moines IA


    NASCOR dba Wells Fargo Asset Securities Corp
    RSSD ID 1996
    Parent Norwest Corporation renamed Wells Fargo & Co.
    11/2/1998. 3/13/2000 Parent Wells Fargo & Co. reclassified to a Financial Holding Company-Domestic.

    1996-03-28 NORWEST ASSET SECURITIES CORPORATION located at 405 SOUTHWEST 5TH STREET, DES MOINES, IA was established as a Domestic Entity Other.

    Domestic Entity Other

    GMAC Mortgage LLC
    GMAC -RFC Holding Company LLC
    Homecomings Financial LLC
    Residential Capital LLC
    Residential Funding LLC
    2003-07-28 GENERAL MOTORS TRUST BANK, NATIONAL ASSOCIATION located at 767 FIFTH AVE, NEW YORK, NY was established as a Non-deposit Trust Company – Member.


    General Motors Acceptance Corp dba
    CAPMARK Securities Inc.
    1801 California St Suite 3700 Denver CO, Domestic Entity Other
    3/24/2006 renamed to CAPMARK Securities Inc.

    767 FIFTH AVE
    Primary Federal Regulator: OCC Insurance: NOT APPLICABLE, NOT AVAILABLE, NOT INSURED
    RSSD ID: 3206465 FDIC Certificate #: 57692
    Routing Transit Number (RTN): 000000000

    2003-07-28 GENERAL MOTORS TRUST BANK, NATIONAL ASSOCIATION located at 767 FIFTH AVE, NEW YORK, NY was established as a Non-deposit Trust Company – Member.


    Institution History for ALLY FINANCIAL INC. (1562859)

    1914-11-16 GENERAL MOTORS ACCEPTANCE CORPORATION located at 3044 WEST GRAND BLVD., DETROIT, MI was established as a Domestic Entity Other.

    1989-05-01 GENERAL MOTORS ACCEPTANCE CORPORATION changed from Domestic Entity Other to Finance Company.


    2008-12-24 GMAC LLC changed from Finance Company to Bank Holding Company.

    2009-06-30 GMAC LLC was renamed to GMAC INC..

    2010-05-10 GMAC INC. was renamed to ALLY FINANCIAL INC

    Institutions Acquired by
    ALLY FINANCIAL INC. (1562859)
    ALLY LONG-TERM INCENTIVE PLAN LLC (3900129) 2010-12-31 The acquired institution sold its assets to the acquiring institution.

    PREFERRED BLOCKER INC. (3899616) 2009-10-16 The acquired institution sold its assets to the acquiring institution

    GMAC Mortgage LLC
    GMAC -RFC Holding Company LLC
    Homecomings Financial LLC
    Residential Capital LLC
    Residential Funding LLC

    Residential Capital corporation * Additional Registrants above
    8400 Normandale Lake Boulevard
    Minneapolis MN 55437
    IRS 20-1770738
    DE Jurisdiction
    Amendment No 1 to Form S-3

    If any of the securities being registered on this form are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of 1933, other than securities offered only in connection with dividend or interest reinvestment plans, check the following box: þ

    State or Other
    Jurisdiction of Primary Standard
    Incorporation Industrial Classification IRS Employer
    Name of Additional Registrant* or Formation Code Number Identification No.

    GMAC Residential Holding Corp. Nevada 6162 91-1902190
    GMAC-RFC Holding Corp. Michigan 6162 23-2593763
    GMAC Mortgage Corporation Pennsylvania 6162 23-1694840
    Residential Funding Corporation Delaware 6162 93-0891336
    HomeComings Financial Network, Inc. Delaware 6162 51-0369458

    * Address and telephone number of principal executive offices are the same as Residential Capital Corporation, except with respect to GMAC Residential Holding Corp. and GMAC Mortgage Corporation, whose principal executive offices are at 100 Witmer Road, Horsham, Pennsylvania 19044, telephone (215) 682-1000

    $12 BILLION DOLLARS ($12,000,000,000) October 20, 2005
    Senior Debt Securities
    Subordinated Securities
    fully and unconditionally guaranteed as described herein

    GMAC Residential Holding Corp.
    GMAC-RFC Holding Corp.
    GMAC Mortgage Corporation
    Residential Funding Corporation
    HomeComings Financial Network, Inc.

    We may offer from time to time senior debt securities and/or subordinated debt securities. The senior debt securities will be guaranteed by our subsidiaries GMAC Residential Holding Corp., GMAC-RFC Holding Corp., GMAC Mortgage Corporation, Residential Funding Corporation and HomeComings Financial Network, Inc. We will provide specific terms of these securities in supplements to this prospectus. The prospectus supplements may also add, update or change information contained in this prospectus. You should read this prospectus and the prospectus supplements carefully before you invest. This prospectus may not be used to offer or sell securities unless accompanied by a prospectus supplement.

    This prospectus is part of a registration statement that we filed with the Securities and Exchange Commission using a “shelf” registration process. Under this shelf process, we may sell from time to time up to $12,000,000,000 of the securities described in this prospectus. This prospectus provides a general description of the securities that we may offer. Each time we offer any of the types of securities described herein, we will prepare and distribute a prospectus supplement that will contain a description of the specific terms of the securities being offered and of the offering. The prospectus supplement may also add, update or change information contained in this prospectus. You should read both this prospectus and any prospectus supplement, together with the additional information described under the heading “— Where You Can Find More Information,” before purchasing any securities.


    As used in this prospectus, the terms “ResCap,” “the company,” “we,” “our” and “us” refer to Residential Capital Corporation and its subsidiaries as a combined entity, except where it is clear that the terms mean only Residential Capital Corporation

    We are a leading real estate finance company focused primarily on the residential real estate market. We conduct our operations through four operating segments: GMAC Residential, which represents substantially all of the operations of GMAC Residential Holding Corp., and the Residential Capital Group, Business Capital Group and International Business Group, representing substantially all of the operations of GMAC-RFC Holding Corp. Our globally diversified businesses include:

    • U.S. Residential Real Estate Finance — We are one of the largest participants in the U.S. residential real estate finance industry. We operate this business through two segments, GMAC Residential of GMAC Residential Holding and the Residential Capital Group of RFC Holding. Through these segments, we:

    — Originate, purchase, sell and securitize residential mortgage loans throughout the United States.

    — Provide primary and master servicing to investors in our residential mortgage loans and securitizations.

    — Provide collateralized lines of credit, which we refer to as warehouse lending facilities, to other originators of residential mortgage loans.

    — Hold a portfolio of residential mortgage loans for investment and retained interests from our securitization activities. This portfolio provides us with a longer-term source of revenues.

    — Conduct limited banking activities through our federally chartered savings bank, GMAC Bank.

    — Provide real estate closing services.

    • Business Capital — Through our Business Capital Group, we provide financing and equity capital to residential land developers and homebuilders. We also provide financing to resort developers and healthcare-related enterprises.

    • International — Through our International Business Group, we originate, purchase, sell and securitize residential mortgage loans in the United Kingdom, The Netherlands, Germany, Canada and Mexico. We also extend credit to companies involved in residential real estate development in Mexico and provide warehouse lending facilities to Mexican mortgage originators.

    We also provide complementary real estate services, including real estate brokerage and relocation services.
    We are a wholly-owned subsidiary of GMAC Mortgage Group, Inc., which is a wholly-owned subsidiary of General Motors Acceptance Corporation. GMAC is a wholly-owned subsidiary of General Motors Corporation.

    Except as otherwise described in the applicable prospectus supplement, the net proceeds from the sale of the securities offered pursuant to this prospectus will be used for general corporate purposes, which may include, but are not limited to, prepayment of other debt.

    This prospectus refers to Deutsche Bank Trust Company Americas in its capacity as either the senior debt trustee or the subordinated debt trustee as the “trustee.” When we offer to sell a particular series of debt securities, we will describe the specific terms of the debt securities in a supplement to this prospectus. The prospectus supplement will also indicate whether the general terms and provisions described in this prospectus apply to a particular series of debt securities.
    We have summarized below the material terms and provisions of the indentures. The summaries are not complete and are subject to the terms of the indentures, which are incorporated herein by reference. You should read the indentures for the provisions that may be important to you. The indentures, and not this description, will define your rights as a holder of the debt securities. The indentures are subject to and governed by the Trust Indenture Act of 1939. The indentures are substantially identical except for provisions relating to subordination, guarantees and certain covenants described under the headings “— Certain Covenants — Limitation on Certain Liens” and “— Guarantees of Significant Subsidiaries.”
    The indentures do not limit the amount of debt securities that we may issue. We may issue debt securities up to an aggregate principal amount as we may authorize from time to time.
    Terms of a Particular Offering

    Principal and interest, if any, will be payable, and, unless the debt securities are issued in book-entry form, the debt securities being offered will be transferable, at the principal corporate trust office of the trustee, which as of the date of this prospectus is 60 Wall Street, 27th Floor, New York, New York 10005

    Payment of principal, interest and premium, if any, on the senior debt securities will be unconditionally guaranteed by each of the guarantors. The initial guarantors are our subsidiaries GMAC Residential Holding Corp., GMAC-RFC Holding Corp., GMAC Mortgage Corporation, Residential Funding Corporation and HomeComings Financial Network, Inc. The obligations of each guarantor under the senior debt indenture will be limited as necessary to prevent the guarantee from constituting a fraudulent conveyance under applicable law.
    The guarantee of a guarantor will be released (so long as no event of default has occurred and is continuing):

    • if, as of the end of two consecutive fiscal years (other than any fiscal year preceding the date on which it became a guarantor), the guarantor no longer qualifies as a significant subsidiary;

    • in connection with any sale, exchange or transfer of all of the stock of the guarantor to any unaffiliated person, provided such sale is not prohibited under the senior debt indenture

  21. If you go into BK will they be able to take the house ? Your C&D, your proof the creditor did not apply the payments, what happens to all your efforts?

  22. johngault—I did tell them I was filing for bankruptcy…it just really upset me that they were “threatening” foreclosure—something they can’t legally do—according to FDCPA—because it is unsecured, among other things…

  23. If you dont’ want to fight with the HELOC jerkies, you can file bk and strip them as wholley unsecured. Poof – gone! This is true – you can do this, but it’s still a good idea to get legal advice about bk itself from a competent attorney who does bk’s.

  24. RICO is tough. Anyone involved might take note that in a RICO case in Florida, the judge told the attorney to essentially write an outline of a RICO violation. When she was not happy enough with the outline, she dismissed the case. Not a dooms day prophet – want to see this succeed, so a head’s up.

  25. Judge Jack Cox drew this case.

    Judge Cox also blocked the FL Mill attorneys (Shapiro and Fishman) investigation by the FL A.G.’s office.

    Hope someone is ready for him…..

    Judge Jack S. Cox

    Posted on Tue, Oct. 05, 2010
    Judge halts foreclosure probe


    Against a backdrop of halted foreclosures and exposed “robo-signers,” a Palm Beach County judge dealt a blow to an investigation of one of the law firms under state scrutiny, striking down the state’s subpoena.
    Judge Jack S. Cox of the 15th Judicial Circuit ruled that Attorney General Bill McCollum lacked standing to file his subpoena against Shapiro & Fishman law firm of Boca Raton, effectively blocking an investigation of that firm’s foreclosure practices.

    “I think it is a great result of the law firm and a fair result,” said Gerald Richman of Richman Greer, P.A., legal counsel for Shapiro & Fishman. “It should be the end of the investigation as far as the attorney general is concerned.”

    The state has not given up on its investigation, according to a brief statement released Monday afternoon.

    “Our attorneys are discussing our options, including whether or not we will appeal the judges ruling,” said Ryan Wiggins, a spokeswoman for the attorney general’s office.

    McCollum had filed sweeping subpoenas against Shapiro & Fishman and two other law firms in August, alleging they may have used fraudulent documents as they speedily processed foreclosure cases for lenders. Monday’s ruling could halt the state investigation, one of at least six going on nationwide in a foreclosure climate that has grown increasingly hot for lenders and the so-called “mills” that process their cases.

    In the past month, GMAC, JPMorgan Chase and Bank of America have halted or slowed foreclosure procedures, after bank employees and affiliates admitted to signing thousands of documents without knowing the details of the cases.

    Florida leads the nation in foreclosures with more than 400,000 filings this year alone, and the law firms under state scrutiny — including David J. Stern’s in Plantation and Marshall C. Waston’s in Fort Lauderdale — handle about 80 percent of those cases.

    At least one firm will be following in the footsteps of Shapiro by asking a judge to “quash,” or nullify, the subpoena.

    “We’re going to go ahead and make similar motion,” said Jeffrey Tew, who is representing Stern’s firm, shortly after the ruling. “We’ll be putting it in the mail this afternoon.”

    The attorney for Watson’s firm did not return calls seeking comment. Florida Default Law Group, in Tampa, is also under state scrutiny.

    McCollum’s investigation was launched under the umbrella of the Florida Deceptive and Unfair Trade Practices Act, or FDUPTA, a move that ran up against legal roadblocks on Monday.

    The judge’s ruling was a clear rebuke of the attorney general’s legal tactic. In addition to lacking standing, the judge wrote, the state’s subpoena was “overbroad, vague, inconsistent and unduly burdensome.”

    The subpoena had demanded that the law firm hand over five years of documents and e-mails, and copies of all its contracts with foreclosing lenders. According to Richman, the state attorney general wanted to know every employee bonus that had been given in the past five years, as well as all company investments around the world.

    But the lack of standing was the main issue, the court found.

    In a complex web of legal jurisdiction, a circuit court judge ruled that lawyers can only be regulated by the Florida Bar and the Supreme Court, not by the state’s chief attorney.

    Alluding to the Florida Constitution and the separation of powers doctrine, the ruling called the idea that the attorney general has power to regulate attorneys a “constitutional absurdity.”

    Read more:

  27. We wish our WAMU brothers and sisters good hunting.

    The enemies of our enemies are our friends, right?

  28. Report Selection Criteria

    Case ID: 502011CA012855XXXXMB
    Docket Start Date:
    Here is the docket of the cases filed. I guess anyone from any state may join

    Docket Ending Date:

    Case Description

    Case ID: 502011CA012855XXXXMB
    Division: AN – COX
    Filing Date: Thursday , August 25th, 2011
    Location: MB – MAIN BRANCH
    Jury: Y-Jury
    Status: PE – PENDING

    Related Cases

    No related cases were found.

    Case Event Schedule

    No case events were found.

    Case Parties

    Seq # Assoc Expn Date Type ID Name
    1 PLAINTIFF @2729984 ZIMMERMAN, LINDA PATRICIA Aliases: none

    2 1 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    3 PLAINTIFF @2729985 ARTHUR, VELDORA Aliases: none

    4 3 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    5 PLAINTIFF @2729986 APOSTOLOVA, MAGDALENA Aliases: none

    6 5 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    7 PLAINTIFF @2729987 MILYAKOV, EMIL P Aliases: none

    8 7 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    9 PLAINTIFF @2729988 ARTERBERRY, THAXTER Aliases: none

    10 9 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    11 PLAINTIFF @2729989 ARTERBERRY, CATHERINE Aliases: none

    12 11 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    13 PLAINTIFF @2729990 BRAXTON, SIMONE Aliases: none

    14 13 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    15 PLAINTIFF @2729991 CONGRESS, MARK I Aliases: none

    16 15 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    17 PLAINTIFF @2729992 CONGRESS, LORETTA R Aliases: none

    18 17 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    19 PLAINTIFF @2729993 CORTI, LOUIS Aliases: none

    20 19 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    21 PLAINTIFF @2729951 JOHNSTON-FARRINGTON, RENA E Aliases: none

    22 21 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    23 PLAINTIFF @2729994 GORDON, RENITA Aliases: none

    24 23 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    25 PLAINTIFF @2729995 GUTIERREZ, THOMAS P Aliases: none

    26 25 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    27 PLAINTIFF @2729996 HOBSON, RUSSELL B Aliases: none

    28 27 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    29 PLAINTIFF @2729997 HOBSON, JANE Aliases: none

    30 29 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    31 PLAINTIFF @2729998 IMMESBERGER, JEAN Aliases: none

    32 31 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    33 PLAINTIFF @2729999 IMMESBERGER, RONALD Aliases: none

    34 33 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    35 PLAINTIFF @2730000 LIEBERMAN, CRAIG Aliases: none

    36 35 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    37 PLAINTIFF @2730001 MCINTYRE, SOLANGE Aliases: none

    38 37 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    39 PLAINTIFF @2730002 MCINTYRE, LEON Aliases: none

    40 39 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    41 PLAINTIFF @2730003 MISSMAN, GREGORY Aliases: none

    42 41 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    43 PLAINTIFF @2730004 MISSMAN, NINA Aliases: none

    44 43 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    45 PLAINTIFF @2730005 RAPP, FRANK Aliases: none

    46 45 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    47 PLAINTIFF @2730006 NICHTER, SUSAN Aliases: none

    48 47 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    49 PLAINTIFF @2730007 RENARD, PAULA A Aliases: none

    50 49 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    51 PLAINTIFF @2730008 SCHIPPER, JEANNI ALICE Aliases: none

    52 51 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    53 PLAINTIFF @2730009 SCHOENBART, THERESA M Aliases: none

    54 53 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    55 PLAINTIFF @2730010 SCOTT, MICHAEL D Aliases: none

    56 55 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    57 PLAINTIFF @2730011 STARKEY, CHRISTOPHER Aliases: none

    58 57 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    59 PLAINTIFF @2730012 STARKEY, LOUISA H Aliases: none

    60 59 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    61 PLAINTIFF @2730013 WALSH, LAWRENCE Aliases: none

    62 61 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    63 PLAINTIFF @2730014 WALSH, MELANIE Aliases: none

    64 63 ATTORNEY 0746479 BARNES , ESQ, WILLIAM J Aliases: none

    65 DEFENDANT @2730015 JPMORGAN CHASE BANK NA Aliases: none

    66 DEFENDANT @2730016 CHASE HOME FINANCE LLC Aliases: none

    67 JUDGE AN COX, JUDGE JACK S. Aliases: none

    Docket Entries

    Number Docket Type Book and Page No. Attached To:
    Filing Date: 25-AUG-2011
    Filing Party:
    Disposition Amount:
    Docket Text: none.
    Filing Date: 25-AUG-2011
    Filing Party:
    Disposition Amount:
    Docket Text: none.
    800FF – CAFF
    Filing Date: 25-AUG-2011
    Disposition Amount:
    Docket Text: none.
    Filing Date: 25-AUG-2011
    Disposition Amount:
    Docket Text: A Payment of -$421.00 was made on receipt CAMB591795.
    Filing Date: 25-AUG-2011
    Disposition Amount:
    Docket Text: none.
    Filing Date: 25-AUG-2011
    Disposition Amount:
    Docket Text: none.
    Filing Date: 25-AUG-2011
    Disposition Amount:
    Docket Text: SM-11-080448
    Filing Date: 25-AUG-2011
    Disposition Amount:
    Docket Text: SM-11-080449
    Filing Date: 25-AUG-2011
    Disposition Amount:


  30. I had a (fake), HELOC with WAMU, now CHASE…

    I couldn’t pay it…I stopped paying…

    They sent their GOONS out, knocking (banging), on my door…

    Then they sent FORECLOSURE THREATS to me in writing…

    I sent them a flurry on CEASE AND DESIST/DISPUTE OF DEBT/YOU HAVE NO STANDING, etc., letters….

    They have TOTALLY backed off because they know I’m on to their illegal activities…


  31. Mr. Barnes:
    I concur with Deontos. I am about to file a similar RICO action and would love to see the Complaint you have tendered. The defense already has your Complaint so at this point it can only help your cause and that of others. While the banks would like to confine discussion to the borrower’s “default”, what’s really happening is that the whole nation is suffering collateral damage (pardon the pun) resulting from the commission of crimes. THAT those criminal actions occurred changes the light in which injuries suffered are viewed. It is a very different situation when someone accidentally drops a gun in a bank and an bystander is wounded vs. someone is robbing a bank and an bystander is wounded: proving the crime makes it irrelavant that the bystander was in the bank because he was behind on a payment. RICO is appropriate and needs to be carefully and properly addresed.
    We’d all love to see how you have done so.

  32. O P E N L E T T E R T O J E F F B A R N E S

    I have been an avid follower of the website Foreclosure Defense Nationwide for quite awhile and your writings Mr Barnes, your postings quite often inspire hope for an end to this horrible foreclosure quagmire. I believe this case that has just been filed could have extraordinary and wide ranging consequences for homeowners not only in Florida but nationwide. And it is with gratitude that I wish you great success and pray for some salvation in your clients economic lives.

    There is “one more thing”. As this case is now a matter of public record and will be very public very soon and is of GREAT public concern and potential benefit to your clients and non-clients. Please send the COMPLAINT FILE Mr Barnes. Please send the file HERE or to or the ‘Hamlet or post it on scribd with an announcement at your FDN website. In the alternative perhaps one of your clients can post it. It needs to be done now, today.

    JP MORGAN will no doubt respond vigorously to this lawsuit and the collective of ALL their “victims” can unite and rally around your clients cause with both public support and as a “brain trust” that may be sorely needed in the battle to come. Hopefully, you will have an opportunity to read and act and save the valuable time and resources of other devoted activists who are clamoring nationwide for access to this seminal complaint that is now a public record.


  33. RICO has been the correct subject matter all along, however, RICO is hard to prove in my estimation as a non-attorney.

  34. First American (insures loans) c/o Mortgage Servicers affiliates ‘Seller’ of Loans, c/o integrated network CORE LOGIC – LPS – ….business reorganized to fall

  35. No doubt about it that this issue is very important, and I for one am glad that it’s been brought up in court on behave of the homeowners. Jeff Barns is a smart lawyer, and he’s done great job so far. We need more lawyers like him who look into every possible angle of this fraud and bring it out. It was a matter of time that someone brought the RICCO issue up front, thanks Jeff; can you take my case?

  36. I want to read that complaint! Finally, someone has the balls to go after the correct issue. The attorneys are the ones covering up the fraud committed. Even though they know and understand what has happened, and what crimes their clients have committed, they still cover it up and deny it. They are the ones who should go to jail. These Attorneys are the ones who told their clients that they need to produce fraudulent documents to cover up the illegal schemes.
    Well, I’m glad its finally coming to pass, and now we are trying to get them put in jail.

  37. I did not see the Lawsuit , but I still miss First American CORELOGIC
    in this whole game.
    I have notified the Florida AG , to find out how CORELOGIC and CHASE turned down the Homeprices , after CHASE send out the CLOSED HELOC LETTER. If your Neighbor sell the home to the parents for $ 600.00 , there is no way to turn down the Home prices in the whole subdivision for more than $ 20,000.00 in eight hours .

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