Chase loses again after trying sneaky maneuver

WHAT ABOUT ALL THE OTHER LEHMAN DEALS WHERE CHASE CLAIMED OWNERSHIP AND STOLE PROPERTY FROM HOMEOWNERS?

Neither Chase nor anyone else actually has a claim or a case against the homeowner if the premise is that either Chase or some other named “trustee” owns the loan through the magical process of “securitization”. The fact that securities were issued is not a license to lie. Using a label doesn’t mean anyone is telling the truth.

Even Chase couldn’t stomach defending a nonexistent securitization process; so it lied about something else. In this case it lied about ever receiving the note which would, in turn, have been evidence of transfer of title to the underlying debt/obligation.

Hearsay is hearsay. It is not admissible as evidence of anything. The affiant in submitting the affidavit stated only that he reviewed records and came to the conclusion that the note had been delivered, raising the presumption that the loan obligation had been purchased.

Courts are not interested in a witness’s conclusions. they are interested in the facts. And the facts are that the affiant did not attach the records about which he was testifying — in order for the court to come to its own conclusion.

The reason for all of this is that Chase never did get delivery of the note, never purchased the underlying obligation for value, and therefore did not own or control the transction that is labelled as a loan. It lied about everything, concealing the fact that a Lehman trust claimed ownership (which was also a lie).

See JPMorgan Chase Bank v. Tumelty, 2020 N.Y. Slip Op. 6766 (N.Y. App. Div. 2020)

From Follow up by Bill Paatalo:

Tags: affidavit, hearsay rule
Posted in Corruption, evidence, foreclosure mill, Motions |