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A Witness to What?  Fake documents, affidavits and depositions rule at JPMorgan Chase.

See: McCormick Deposition

See: Objection_to_Notice_of_Errata_Martin Deposition JPMC

Investigator Bill Paatalo joins California attorney Charles Marshall on the West Coast Foreclosure Show, and continues his ongoing analysis of the Washington Mutual/Chase ‘merger’ that appears to be little more than an elaborate ruse to keep homeowners and the courts from recognizing that the emperor has no clothes.

In April 2017, California Attorney Ronald Freshman of Newport Beach, California deposed Chase witness Rosemary Martin.  Ms. Martin inundated the court with a ream of mortgage documents and statements that had the appearance of validity, but when placed under oath had no information relevant to the Plaintiff’s loan.  Martin had been coached poorly and the plaintiff’s attorney, Ronald Freshman, annihilated her testimony.

Chase witnesses, or ‘persons most knowledgeable’ universally testify that they don’t know when the endorsements were/are placed on the notes, or by who, and that they are unaware of anyone up the corporate chain of command who could answer questions regarding the notes, assignments and investors.  Yet, this information is in the “DOCLINE” database and reports, as testified by Chase witness Rosemary Martin.  Martin said, “”AO1,” this was in 1-24 of ’07. That’s when Washington Mutual still had the file. So I don’t know what their codings are.”

Martin’s typical and pathetic responses included:

“I think I’ve done possibly one or two (referring to an affidavit).”

“I’m able to understand different screens and different documents that we use in regards to normal bank practices with loans.”

“When this specific document was entered into

our system, I do not.  I do know that I did see it in

our system.”

Eventually the witness surrendered that they had no knowledge of anything of importance.  The Chase litigation strategy is to play coy and hope the judge won’t catch on.  The Martin deposition reveals that the codes and names of the ‘investors’ do exist in Chase’s ‘LISA system’ database, despite JPMorgan Chase’s attempts to claim ignorance.

And that folks, that is how a poorly coached bank ‘witness’ is permitted to steal your home. The Martin deposition is 200 pages documenting a witness’s attempts to come off credible while failing spectacularly.  Meanwhile, the bank’s attorney objects constantly to prevent the admission that the witness can read a computer screen, but knows nothing of value regarding the loan.

Livinglies recently received a copy of an Errata motion filed by JPMorgan Chase.  The motion was a request to remove sections of former JPMorgan Chase in-house attorney, Michael McCormick’s deposition. Not because there was en error or ‘Scribner’s error, but because Chase attempted to use an Errata motion to censor information that was potentially harmful to them- not because it contained an error.

An Errata (“error”) motion is typically used to correct minor errors or omissions in a pleading such as the late submission of a missing exhibit or page from a declaration or motion, or a replacement page that is necessary by a glitch in photocopying.  By filing a Errata motion, Chase attempted to ‘get around’ opposing counsel’s ability to challenge the motion.  Fortunately the judge refused to grant the motion.   Chase use of an Errata motion was an underhanded strategy to remove potentially harmful information contained in its former attorney’s deposition.

It isn’t just low-level employees that are coached-up by Chase prior to a deposition, but also prior in-house attorneys too.

Former JPMorgan Chase in-house counsel Michael McCormick provided a deposition that confirmed that the “AO1” investor-designation refers only to Washington Mutual Bank (WaMu) ‘loans’, and yet, JPMorgan Chase has adamantly denied that this code refers exclusively to WaMu loans.

Despite working for JPMorgan Chase for five years (2011-2016), McCormick stated he knew nothing about the systems he was supposed to be trained to operate.  Despite this lack of knowledge, McCormick was the attorney submitting and approving affidavits and loan verifications, but knew nothing beyond what he read on a computer screen or was coached by Chase attorneys to parrot, “Chase is the investor, Chase is the investor…..awk…Bank owned. Bank owned.  Polly wants a real backer.”

Furthermore, JPMorgan Chase is in violation of the National Mortgage Settlement consent judgment that required Chase to stop it’s illegal practices including forging endorsements, manufacturing documents, filing fabricated documents in county recorders offices and providing false testimony.  Former FDIC team-member Eric Mains has encouraged homeowner who have been harmed by an unscrupulous loan servicer to file FOIAs with their state Attorney Generals offices in order to determine compliance with the consent judgments, and if that fails, to contact the ACLU.

McCormick’s deposition has been used in other cases investigator Bill Paatalo has been involved in, to document that ‘AO1’ is an investor code designating WaMu loans, and that Chase relies on speculation and imagination instead of facts, real documentation and hard evidence to convince the court they are valid creditors:

44. As an example, attached as Exhibit 6 is a transcript of JPMorgan Chase’s witness taken from a deposition in “comparable case #2.” (Note: Per Bill Paatalo, this case involves two WMB loans with “Investor Codes ‘AO1’” that JPMC denied belonged to WMAAC.) The witness, Michael McCormick, a former in-house attorney for JPMC, testified that he had never seen the “original” note (P.114, L.13-16), that he had seen different images of the same note (P.115, L.20-24), that he had seen a copy of the 2005 WMB note without the endorsement in 2011 (P.117, L. 13-25 & P.118, L. 2-5), and that he had no knowledge of who placed the endorsement upon the note and when (P.119, L. 17-19, P.121, L. 8-12, & P.123, L. 18-24). However, when asked if there was a way to find out when the notes were endorsed within the servicing system(s), McCormick responded, “perhaps.” And when asked if he knew where to look to find that information, McCormick responded, “sure.” (P.123, L. 18-25 & P.124, L. 2-6).

-and-

45. In hundreds of cases I have investigated involving WMB (WaMu) endorsed notes proffered by JPMC, or an assignee from JPMC, no witness has attested to, or has been willing to attest to anything specific regarding the endorsements and/or allonges; who endorsed the notes and when? Answers are much like that of McCormick; evasive, with no knowledge or recollection. With McCormick, he testified that he knew of no one at JPMC who could answer the questions as to the endorsements. Yet, he personally knew where to find these answers but deliberately chose to play coy.

JPMorgan Chase’s strategy is a plausible-deniability defense where there is no one (not even counsel) that can confirm nor deny the securitization process, the purchases, sales, transfers, assumptions- or anything else.  Therefore, Chase’s use of compartmentalization keeps everyone ignorant of the real truth.  In fact, by now, the only ‘evidence’ of ownership Chase can provide on acquisition of WaMu loans is the account number listed on a computer screen.

Attorney Stephen Wright in Connecticut did an exemplary job of digging deep and providing a plethora of evidence damning to Chase.

Filed under: foreclosure | Tagged: attorney charles marshall, investigator bill paatalo |