Lawsuit accuses Chase of 'nationalized fraud'
By Kim Miller
Palm Beach Post Staff Writer
A California-based foreclosure
defense attorney is going after the banks in unusual fashion, filing a
Florida RICO lawsuit against J.P. Morgan Chase in Palm Beach County with
a Boca Raton resident as lead plaintiff.
Attorney Jeff Barnes, who maintains an office in Boca Raton, lists 35 homeowners from several states in the legal action.
The Florida Civil Remedies for Criminal Practices Act - the civil version of Florida Racketeer Influenced and Corrupt Organization Act - is used in instances where the defendant has shown a pattern of misconduct.
Barnes claims in the suit that Chase committed "nationalized fraud" by using false and fraudulent documents to foreclose on homes and in claiming it has the right to foreclose on loans made by the now defunct Washington Mutual Bank. Chase took over Washington Mutual in 2008.
"I was duped from the very beginning," said Boca Raton resident and lead plaintiff Linda Zimmerman, who said the note originally presented as proof of ownership of her loan was never endorsed. "We're facing losing our homes, and we want to go down letting the whole world know what's going on."
Zimmerman said a second note submitted in her foreclosure file contained an endorsement but was not signed.
Barnes said he's received hundreds of inquiries about the suit after the Aug. 25 filing and may add plaintiffs. He is not, however, advertising for plaintiffs or sending out mailers to potential clients about the lawsuit - a practice that got another California attorney in trouble last month.
Although Barnes wouldn't disclose how much it costs to join the lawsuit, he did say he is not operating on a contingency payment.
"The case is in its early stages, and we anticipate it will grow," he said. "We are receiving an enormous amount of information about the conduct of J.P. Morgan Chase nationally. It's been overwhelming."
The suit asks for Chase to be barred from processing foreclosures until the case ends. It also requests a jury trial.
Chase representatives did not respond to requests for comment.
Dennis Donet, a Miami foreclosure defense attorney, isn't convinced the RICO statute will work for the homeowners.
"A lot of these litigation tactics, while they have merit, don't address the real problem of how to keep people in their homes and get them back on track with their mortgage," Donet said. "The idea has always been if we can hold a hammer over the bank's head, then they would be willing to negotiate, and that hasn't happened."
Attorney Jeff Barnes, who maintains an office in Boca Raton, lists 35 homeowners from several states in the legal action.
The Florida Civil Remedies for Criminal Practices Act - the civil version of Florida Racketeer Influenced and Corrupt Organization Act - is used in instances where the defendant has shown a pattern of misconduct.
Barnes claims in the suit that Chase committed "nationalized fraud" by using false and fraudulent documents to foreclose on homes and in claiming it has the right to foreclose on loans made by the now defunct Washington Mutual Bank. Chase took over Washington Mutual in 2008.
"I was duped from the very beginning," said Boca Raton resident and lead plaintiff Linda Zimmerman, who said the note originally presented as proof of ownership of her loan was never endorsed. "We're facing losing our homes, and we want to go down letting the whole world know what's going on."
Zimmerman said a second note submitted in her foreclosure file contained an endorsement but was not signed.
Barnes said he's received hundreds of inquiries about the suit after the Aug. 25 filing and may add plaintiffs. He is not, however, advertising for plaintiffs or sending out mailers to potential clients about the lawsuit - a practice that got another California attorney in trouble last month.
Although Barnes wouldn't disclose how much it costs to join the lawsuit, he did say he is not operating on a contingency payment.
"The case is in its early stages, and we anticipate it will grow," he said. "We are receiving an enormous amount of information about the conduct of J.P. Morgan Chase nationally. It's been overwhelming."
The suit asks for Chase to be barred from processing foreclosures until the case ends. It also requests a jury trial.
Chase representatives did not respond to requests for comment.
Dennis Donet, a Miami foreclosure defense attorney, isn't convinced the RICO statute will work for the homeowners.
"A lot of these litigation tactics, while they have merit, don't address the real problem of how to keep people in their homes and get them back on track with their mortgage," Donet said. "The idea has always been if we can hold a hammer over the bank's head, then they would be willing to negotiate, and that hasn't happened."
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