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The culmination of 6 years of litigation with Chase in federal and state court trying to foreclose after Cassino retained an attorney in December 2010 to represent him in either a 4th loan mod attempt if Chase was the note holder in due course and if not then quiet title. Since a partial settlement in March 2013 where Chase paid $10,000 of Cassino's attorney's fees, Cassino had to apply for a 4th time for a loan modification directly through Jeremy Peck of www.KutakRock.com, and Cassino also had to "work with Jefferson County Planning and Zoning" in doing a minor adjustment from 2 parcels of 5 and 40 acres to 2 parcels of 10 and 35 acres. Chase had no capacity or standing to enter into the partial settlement so by contract law it is null and void. Cassino and Chase have been in a stalemate since despite repeated attempts by Cassino to reach a final settlement directly with Chase attorneys.
Until February 25th, 2016 or later which is a year and 20 days after Chase received by USPS certified mail Cassino's rescission notice letter dated January 30, 2015.
So, unless a settlement can be reached by contacting Mr. Jamie Dimon directly in early May of 2016 (sending Tuesday, May 3rd by USPS Next Day), a series of lawsuits will begin.
Based on the fact that Cassino's rescission of 1/30/2015 was effective by operation of law and the note and deed are null and void. And, that the only way to reverse this fact is a Courts order without would be Plaintiff Chahse using null and void instruments in court, but a chain of title of the deed, a matching chain of custody of the note and most of all proof of actual consideration paid to purchase deed and note - like a wire transfer or cancelled/processed check.
With a Wherefore something like this: Wherefore, the Plaintiff prays that this Honorable Court will enter an order requiring the Defendant to return the cancelled original note to Plaintiff, and to file the documents required to release any claim of encumbrance or lien arising out of the loan contract referenced in the Notice of Rescission Letter, to file any documents required to expunge the false and fraudulent Chase/MERS corporate assignment of deed of trust made 9/28/2011 recorded in the land records 6 months after Chase recorded on 3/17/2011 a Notice of Election and Demand (N.E.D.), and grant the Plaintiff attorney’s fees, expenses and costs of this action and grant such other relief as the Court may deem just and proper including, but not limited to an accounting of all money paid or received as compensation arising out of the execution of instruments by Plaintiff relating to the loan contract that his referenced in the subject Notice of Rescission Letter.
Until February 25th, 2016 or later which is a year and 20 days after Chase received by USPS certified mail Cassino's rescission notice letter dated January 30, 2015.
So, unless a settlement can be reached by contacting Mr. Jamie Dimon directly in early May of 2016 (sending Tuesday, May 3rd by USPS Next Day), a series of lawsuits will begin.
Based on the fact that Cassino's rescission of 1/30/2015 was effective by operation of law and the note and deed are null and void. And, that the only way to reverse this fact is a Courts order without would be Plaintiff Chahse using null and void instruments in court, but a chain of title of the deed, a matching chain of custody of the note and most of all proof of actual consideration paid to purchase deed and note - like a wire transfer or cancelled/processed check.
With a Wherefore something like this: Wherefore, the Plaintiff prays that this Honorable Court will enter an order requiring the Defendant to return the cancelled original note to Plaintiff, and to file the documents required to release any claim of encumbrance or lien arising out of the loan contract referenced in the Notice of Rescission Letter, to file any documents required to expunge the false and fraudulent Chase/MERS corporate assignment of deed of trust made 9/28/2011 recorded in the land records 6 months after Chase recorded on 3/17/2011 a Notice of Election and Demand (N.E.D.), and grant the Plaintiff attorney’s fees, expenses and costs of this action and grant such other relief as the Court may deem just and proper including, but not limited to an accounting of all money paid or received as compensation arising out of the execution of instruments by Plaintiff relating to the loan contract that his referenced in the subject Notice of Rescission Letter.
“The borrower owes money not to the world at large but to a particular person or institution, and only the person or institution entitled to payment may enforce the debt by foreclosing on the security.”
“[O]nly the entity currently entitled to enforce a debt may foreclose on the mortgage or deed of trust securing that debt . . . .” (Yvanova, supra, 62 Cal.4th at p. 928.). The court was not influenced by the creation of a false assignment post-foreclosure sale, and ruled according to the recorded documents.” http://cassinovchase.weebly.com/sciarratta-v-us-bank.html
“[O]nly the entity currently entitled to enforce a debt may foreclose on the mortgage or deed of trust securing that debt . . . .” (Yvanova, supra, 62 Cal.4th at p. 928.). The court was not influenced by the creation of a false assignment post-foreclosure sale, and ruled according to the recorded documents.” http://cassinovchase.weebly.com/sciarratta-v-us-bank.html