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JPMorgan Chase Bank v. Skoda

April 4, 2014

Court: North Dakota Supreme Court
Docket: 20130370 Opinion Date: April 3, 2014
Judge: McEvers
Areas of Law: Banking, Real Estate & Property Law

Frederick Skoda appealed the grant of summary judgment foreclosing the mortgage held by JPMorgan Chase Bank. The mortgage included provisions for the payment of principal and interest as well as the payment in escrow for property taxes. Skoda made payments of $542.89 for the principal and interest on the mortgage but did not include the escrow payment for property taxes, an additional $168.11 per month. Skoda did not make escrow payments because he paid his property taxes on his own. In 2011, JPMorgan Chase Bank refused to accept Skoda's payments for $542.89. Skoda contends JPMorgan Chase Bank had no right to collect escrow for property taxes because the previous mortgage holder, Homeside Lending, Inc., waived the right to collect escrow for property taxes. Skoda also argues JPMorgan Chase Bank violated the Fair Credit Reporting Act. According to Skoda, he sent full principal and interest payments, but JPMorgan Chase Bank reported him as having a delinquent payment history on his credit report regardless of the fact that JPMorgan Chase Bank decided to stop accepting the payments. Upon review, the Supreme Court affirmed, concluding the district court did not err in determining that no genuine issues of material fact existed and JPMorgan Chase Bank was entitled to summary judgment as a matter of law.

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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