c



c
 !"#!$!##$%$
&"!c!! !"c''!$c!""!
()!" "!"
Published April 5, 2010 Corruption , Foreclosure Fraud , MERS , Mortgage
Fraud ,bankruptcy , cdo , cds , foreclosure , mortgage electronic registration system , securities fraud 3 Comments
Tags: 4closurefraud, appeal foreclosure, assignment, bankruptcy, carol asbury, cdo, cds,Charles Herndon, clouded
title, conspiracy, criminal, Diana G. Adams, docx, fight the banks, foreclosure, Foreclosure Defense, Foreclosure Fraud, jp
morgan, jpmorgan,JPMorgan Chase, livinglies, lps, Memorandum of Law, MERS, mortgage electronic registration
system, produce the note, ROBERT E. GERBER, sanctions, Scott Walters,securities fraud, securitized, Silvia Nuer, wrongful
foreclosure

 

(  
(     ( *

& +c  c(& ,&+ -
Diana G. Adams, the United States Trustee for the Southern District of New York (the ³United States

Trustee´), respectfully submits this memorandum of law in support of the request of Silvia Nuer (the

³Debtor´) for sanctions against J.P. Morgan Chase Bank, National Association (³Chase´) in connection

with Chase¶s Motion for Relief from Stay (the ³Motion For Stay Relief´) as servicer for Deutsche Bank

National Trust Company (³Deutsche´), as Trustee for Long Beach Mortgage Trust 2006-2 (³Long Beach

Trust´), with respect to a mortgage (the ³Mortgage´) as to property located at 1651 Metropolitan

Avenue, 7C, Bronx, NY 10462 (the ³Property´).

|





The United States Trustee supports the Debtor¶s request for sanctions. 












!
in connection with the Motion For Stay

Relief. In the Motion For Stay Relief, Chase took the position that it was acting only as the servicer of

the Mortgage. Chase at the same time attached documents which supported a different position.

Specifically, 
!
"




!!

"
!!


!!

#. Not only was the !
$%


"
!



"
 







 The assignment was

also

&
after the last actual assignment of the Mortgage. When afforded

opportunities to correct this matter, Chase, through supplemental filings, continued to produce

documents that were !

 , and presented an




"
"






'"! of the facts or the chain of
ownership of the Mortgage. However, what is clear is that, whether created through inadvertence or a

deliberate act, the assignments created by Chase in connection with the Motion For Stay Relief appear

to be false or misleading.








(

"
!










)


'
. Although Chase has recently taken remedial steps to

address concerns expressed by courts in connection with other cases, based on Chase¶s past and

current conduct, the United States Trustee supports the Debtor¶s request for sanctions in order to

deter further conduct such as that seen in this case.



."









!
0 1

!

/'