Cassino Dispute of Chase Response
October 27th, 2015
RE: Protest of Case number: 150823-000181 > Chase (the Company) Explanation of closure dated 10/14/2015
Hello CFPB,
Chase attorney Cynthia Lowery-Graber's interpretation of TILA case law in favor of Chase in paragraphs 2-4 of their Company Response www.CassinoAndCFPBvChase.weebly.com/chase-response-to-cfpb.html is not addressing the first and foremost issue before all parties in this complaint. The first issue is by operation of law once a rescission is mailed to the lender/servicer the loan, note and deed are void period - again by operation of law.
This is regardless of whether the rescission was right or wrong or beyond 3 year statute of limitations, the lender/servicer has 20 days to file a legal action to vacate or reverse the rescission. If no legal action the lender/servicer loses all rights and interests. And, the lender/service (creditor) has to do the following by operation of law:
Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.
(The above from: 12 CFR 226.15 - Right of rescission.
(d) Effects of rescission. (1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge.
(2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.
(3) If the creditor has delivered any money or property, the consumer may retain possession until
the creditor has met its obligation under paragraph (d)(2) of this section.)
This issue is key now after the Jesinoski v. Countrywide January 13th, 2015 unanimous Supreme Court decision on how this TILA decision now allows a borrower that was intentionally deceived by their "original" lender at closing on their home loan, that once they learn of the concealment, fraud, non-disclosure by their lender they can rescind their loan arguing a legal contract was never consummated regardless of RESCISSION within the 3 year statute of limitations or years after.
Finally in the last paragraph (5) Cynthia Lowery-Graber's threat of legal action to enforce sections 2(A) on page 3 of 9 and section 14 of the “partial” Settlement Agreement on page 5 of 9 see below and at www.CassinoAndCFPBvChase.weebly.com/chase-v-cassino-partial-settlement-agreement.html is moot because the note and deed are void.
Additionally, Chase had no capacity or standing to enter into the "contract" for a Settlement Agreement making it worthless to enforce from the start. The background on Settlement Agreement is that in late 2011, Chase filed a lawsuit in Jefferson County District Court in Chase v. Cassino (Case Number 2011CV4858) to reform the deed of trust and then foreclose.
Because Chase could not prove jurisdictional standing due to several reasons including a false and fraudulent assignment that my attorney made aware of to opposing counsel and the court, the end result was a "partial" Settlement Agreement with both Chase and Cassino dismissing the state case without prejudice and Chase paying Cassino $10,000 for attorney's fees. Cassino was demanding from his attorney for Chase to quiet the title in addition at the time, but did not per his attorney's advice - to wait and see results of other upcoming related cases and disclosures that would better guarantee a future quiet title action. My attorney of record, Steve Navaro, recommended doing this for the time being, because Chase had no capacity or standing to enter into the "contract" for a Settlement Agreement making it worthless to enforce from the start. He felt this would buy time until more case law decisions were available for citing in a quiet title action to get a FULL settlement (quiet title). Some of those additional major citations happened with:
1. Lawrence Nardi deposition in 2012 in a Florida State appeals case stating that WaMu loans did not go to Chase.
2. Chase admitting in FDIC v. Chase $13 billion settlement in November 2013 that Chase is not successor-in-interest to WaMu loans.
Further on Cynthia Lowery-Graber's threat of legal action, both law firms involved in the Settlement Agreement with Cassino: Jeremy Peck www.KutakRock.com/jeremy-peck/ and Fred Gabler www.KarshFulton.com/attorney-profiles/fred-gabler withdrew representing Chase making it impossible to do the subdivision.
Since filing this complaint 8/23/2015, and after reviewing Chase's Response on 10/14/2015, I have taken further legal action on the fraud in this case. On Monday 10/19/2015 I filed a criminal complaint with the Jefferson County Sheriff in Colorado on the Corporate Assignment of Deed of Trust that Chase recorded in Jefferson County land records on 9/28/2011 over 6 months after Chase recorded in Jefferson County land records a Notice of Election and Demand For Sale on or about 3/17/2011. Per a private investigation and informal discovery done in August 2014 Cassino has evidence of v iolation of Colorado 18-5-114 offering a false instrument for recording
www.ColoradoAttorneyGeneral.gov/initiatives/identity_theft/identity_theft_law
Jefferson County Investigator Wes Beale emailed Cassino on 10/22/2015 with some additional questions. Cassino replied 10/25/2015 see > www.CassinoAndCFPBvChase.weebly.com/supporting-documents.html
The CFPB and I have a common foe – banks that commit financial crimes through fraud on consumers. So, I am looking for help from CFPB and my governmental enforcers, regulators and representative’s c.c.’d on this letter to get Chase to follow the law and do the right thing.
Instead of doing the Chase standard operating procedure that only they are right in interpreting the law, lots of intimidation, lies to the court and trustees - like on the WaMu FDIC loans and trying to out resource borrowers challenging them. So how can I work with your CFPB attorneys and staff to help in problem solving, trouble shooting and counter-punching?
Bottom line – I repeat - what help can CFPB give my attorneys to settle this case with justice? I am not trying to get a free home – I am trying to prevent Chase from getting a free home through felony fraud upon the land records, the courts and the trustee. And, regardless if Chase takes action as plaintiff or I take action as plaintiff, if I should lose in the next lawsuit because the judge ignores the evidence and the law, I will appeal to all levels if needed (this again is part of the standard operating procedure of the major banks committing mortgage fraud, is to out resource the “1 in 10 borrower” dealing with a wrongful foreclosure bankster trying to steal another free home. The other 9 in 10 borrowers either roll over without challenging the foreclosure and the judge rules for the bank because the judge fears giving a free home to the borrower" when the judge should fear "giving a free home to the bank" – because the borrower has more proof of interest with closing costs, monthly payments than the thief bank has without any real interest – that is not "manufactured" – like proof of consideration and chain of title matching chain of custody of note.
Sincerely,
Lance Cassino
c.c.:
Jordan Porter – attorney of record for Cassino - www.JDPorterLaw.com.
Neil Garfield – consulting attorney and possible expert witness if needed - www.LivingLies.wordpress.com.
Gary Michaels – expert witness forensic document examiner - www.ForgeryFraud.com.
Jefferson County Sheriff Jeff Shrader - 200 Jefferson County Parkway Golden, CO 80401 303-271-0211.
Jefferson County Clerk and Recorder Faye Griffin - 100 Jefferson County Parkway Golden, CO 80419 303-271-8186.
Jefferson County District Attorney Peter A. Weir - 500 Jefferson County Parkway Golden, CO 80401 303-271-6800.
Jefferson County Public Trustee Margaret T. Chapman - 100 Jefferson County Parkway Suite 2510/1540 Golden, CO 80419
Colorado Attorney General Cynthia H. Coffman - 1300 Broadway, 10th Floor, Denver, Colorado 80203, 720-508-6000
Congressman Jared Polis - 1433 Longworth House Office Building, Washington, D.C. 20515, (202) 225-2161 (202) 226-7840 Fax.
Congressman Alan Grayson - 5842 South Semoran Boulevard, Orlando, FL 32822, (407) 615-8889
Senator Michael Bennet, 1200 S College Ave # 211, Fort Collins, CO 80524, (970) 224-2200.
Senator Elizabeth Warren - 317 Hart Senate Office Building, Washington, DC 20510 (202) 224-4543
RE: Protest of Case number: 150823-000181 > Chase (the Company) Explanation of closure dated 10/14/2015
Hello CFPB,
Chase attorney Cynthia Lowery-Graber's interpretation of TILA case law in favor of Chase in paragraphs 2-4 of their Company Response www.CassinoAndCFPBvChase.weebly.com/chase-response-to-cfpb.html is not addressing the first and foremost issue before all parties in this complaint. The first issue is by operation of law once a rescission is mailed to the lender/servicer the loan, note and deed are void period - again by operation of law.
This is regardless of whether the rescission was right or wrong or beyond 3 year statute of limitations, the lender/servicer has 20 days to file a legal action to vacate or reverse the rescission. If no legal action the lender/servicer loses all rights and interests. And, the lender/service (creditor) has to do the following by operation of law:
Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.
(The above from: 12 CFR 226.15 - Right of rescission.
(d) Effects of rescission. (1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void, and the consumer shall not be liable for any amount, including any finance charge.
(2) Within 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest.
(3) If the creditor has delivered any money or property, the consumer may retain possession until
the creditor has met its obligation under paragraph (d)(2) of this section.)
This issue is key now after the Jesinoski v. Countrywide January 13th, 2015 unanimous Supreme Court decision on how this TILA decision now allows a borrower that was intentionally deceived by their "original" lender at closing on their home loan, that once they learn of the concealment, fraud, non-disclosure by their lender they can rescind their loan arguing a legal contract was never consummated regardless of RESCISSION within the 3 year statute of limitations or years after.
Finally in the last paragraph (5) Cynthia Lowery-Graber's threat of legal action to enforce sections 2(A) on page 3 of 9 and section 14 of the “partial” Settlement Agreement on page 5 of 9 see below and at www.CassinoAndCFPBvChase.weebly.com/chase-v-cassino-partial-settlement-agreement.html is moot because the note and deed are void.
Additionally, Chase had no capacity or standing to enter into the "contract" for a Settlement Agreement making it worthless to enforce from the start. The background on Settlement Agreement is that in late 2011, Chase filed a lawsuit in Jefferson County District Court in Chase v. Cassino (Case Number 2011CV4858) to reform the deed of trust and then foreclose.
Because Chase could not prove jurisdictional standing due to several reasons including a false and fraudulent assignment that my attorney made aware of to opposing counsel and the court, the end result was a "partial" Settlement Agreement with both Chase and Cassino dismissing the state case without prejudice and Chase paying Cassino $10,000 for attorney's fees. Cassino was demanding from his attorney for Chase to quiet the title in addition at the time, but did not per his attorney's advice - to wait and see results of other upcoming related cases and disclosures that would better guarantee a future quiet title action. My attorney of record, Steve Navaro, recommended doing this for the time being, because Chase had no capacity or standing to enter into the "contract" for a Settlement Agreement making it worthless to enforce from the start. He felt this would buy time until more case law decisions were available for citing in a quiet title action to get a FULL settlement (quiet title). Some of those additional major citations happened with:
1. Lawrence Nardi deposition in 2012 in a Florida State appeals case stating that WaMu loans did not go to Chase.
2. Chase admitting in FDIC v. Chase $13 billion settlement in November 2013 that Chase is not successor-in-interest to WaMu loans.
Further on Cynthia Lowery-Graber's threat of legal action, both law firms involved in the Settlement Agreement with Cassino: Jeremy Peck www.KutakRock.com/jeremy-peck/ and Fred Gabler www.KarshFulton.com/attorney-profiles/fred-gabler withdrew representing Chase making it impossible to do the subdivision.
Since filing this complaint 8/23/2015, and after reviewing Chase's Response on 10/14/2015, I have taken further legal action on the fraud in this case. On Monday 10/19/2015 I filed a criminal complaint with the Jefferson County Sheriff in Colorado on the Corporate Assignment of Deed of Trust that Chase recorded in Jefferson County land records on 9/28/2011 over 6 months after Chase recorded in Jefferson County land records a Notice of Election and Demand For Sale on or about 3/17/2011. Per a private investigation and informal discovery done in August 2014 Cassino has evidence of v iolation of Colorado 18-5-114 offering a false instrument for recording
www.ColoradoAttorneyGeneral.gov/initiatives/identity_theft/identity_theft_law
Jefferson County Investigator Wes Beale emailed Cassino on 10/22/2015 with some additional questions. Cassino replied 10/25/2015 see > www.CassinoAndCFPBvChase.weebly.com/supporting-documents.html
The CFPB and I have a common foe – banks that commit financial crimes through fraud on consumers. So, I am looking for help from CFPB and my governmental enforcers, regulators and representative’s c.c.’d on this letter to get Chase to follow the law and do the right thing.
Instead of doing the Chase standard operating procedure that only they are right in interpreting the law, lots of intimidation, lies to the court and trustees - like on the WaMu FDIC loans and trying to out resource borrowers challenging them. So how can I work with your CFPB attorneys and staff to help in problem solving, trouble shooting and counter-punching?
Bottom line – I repeat - what help can CFPB give my attorneys to settle this case with justice? I am not trying to get a free home – I am trying to prevent Chase from getting a free home through felony fraud upon the land records, the courts and the trustee. And, regardless if Chase takes action as plaintiff or I take action as plaintiff, if I should lose in the next lawsuit because the judge ignores the evidence and the law, I will appeal to all levels if needed (this again is part of the standard operating procedure of the major banks committing mortgage fraud, is to out resource the “1 in 10 borrower” dealing with a wrongful foreclosure bankster trying to steal another free home. The other 9 in 10 borrowers either roll over without challenging the foreclosure and the judge rules for the bank because the judge fears giving a free home to the borrower" when the judge should fear "giving a free home to the bank" – because the borrower has more proof of interest with closing costs, monthly payments than the thief bank has without any real interest – that is not "manufactured" – like proof of consideration and chain of title matching chain of custody of note.
Sincerely,
Lance Cassino
c.c.:
Jordan Porter – attorney of record for Cassino - www.JDPorterLaw.com.
Neil Garfield – consulting attorney and possible expert witness if needed - www.LivingLies.wordpress.com.
Gary Michaels – expert witness forensic document examiner - www.ForgeryFraud.com.
Jefferson County Sheriff Jeff Shrader - 200 Jefferson County Parkway Golden, CO 80401 303-271-0211.
Jefferson County Clerk and Recorder Faye Griffin - 100 Jefferson County Parkway Golden, CO 80419 303-271-8186.
Jefferson County District Attorney Peter A. Weir - 500 Jefferson County Parkway Golden, CO 80401 303-271-6800.
Jefferson County Public Trustee Margaret T. Chapman - 100 Jefferson County Parkway Suite 2510/1540 Golden, CO 80419
Colorado Attorney General Cynthia H. Coffman - 1300 Broadway, 10th Floor, Denver, Colorado 80203, 720-508-6000
Congressman Jared Polis - 1433 Longworth House Office Building, Washington, D.C. 20515, (202) 225-2161 (202) 226-7840 Fax.
Congressman Alan Grayson - 5842 South Semoran Boulevard, Orlando, FL 32822, (407) 615-8889
Senator Michael Bennet, 1200 S College Ave # 211, Fort Collins, CO 80524, (970) 224-2200.
Senator Elizabeth Warren - 317 Hart Senate Office Building, Washington, DC 20510 (202) 224-4543