Employees and customers at one JPMorgan branch office in El Paso, Texas, may be sitting on the floor tomorrow if JPMorgan doesn’t pay the attorney fees from an eviction case the banks lost.
One of the common signatures of mortgage fraud is when you have more than one vulture circling the decaying odor of a single foreclosure. Cover the stench with a court judgment in favor of the homeowner, and the vultures toss the liability around like an ugly baby, and nobody wants to pay the $5,000.00 in attorney fees awarded by the court. If JPMorgan doesn’t pay up, the sheriff is prepared to serve the writ of execution at one of JPM’s El Paso offices.
A financially beleaguered single mother of 2 children and her elderly mother were facing eviction after a “questionable” foreclosure.
The case involves Bank of New York Mellon, MERS, JPMorgan, EMC Mortgage and another rancid Bear Stearns Trust. The court comedy began when Beverly Mitrisin appeared as the “representative” for the purported landlord, the Mackie Wolfe law firm, which filed the eviction. But the court couldn’t find competent evidence of who she represented. A prior court pleading, which is a written statement made under oath, named Ms. Mitrisin as “one” of the Substitute Trustees. But apparently, Ms. Mitrisin found that title offensive and later testified she “was not the Trustee”.
Nobody could identify who the landlord was, and Ms. Mitrisin could not tell the judge who she represented. Moreover, she could not testify how delinquent the homeowner was, or for how long. The court must have been impressed that she found her way to the court – all by herself. To add to the confusion, EMC Mortgage had also been delivering foreclosure and eviction-related notices to the homeowner, but the banks couldn’t identify EMC or its involvement either. The banks’ law firms weren’t talking because they didn’t even show up for the hearing.
Wait, there is more. The homeowner was advised to reinstate or modify her mortgage by paying an additional $70,000 for her mortgage. This is what the modification industry swindlers call a sweet deal.
This homeowner’s despair is understandable, but underscores a larger question: How much financial influence does Wall Street have on “Main Street”, where families live and work in pursuit of the dream of homeownership?
Texas recognizes “judicial” and “nonjudicial” foreclosures, so thankfully local judges have some oversight. To date, El Paso courts have not yet been subjected to the worst part of MERS or the Foreclosure Crisis like New Jersey and Florida have.
Now the homeowner still has to fight MERS over the title to her home in another other court. Perhaps that judge will require everyone to wear name tags… if they show up.
Read the Judgment and Writ of Execution HERE