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Miami Class Action Accuses JPMorgan Chase Of Robosigning

dailybusinessreview.com | April 14, 2014

By Julie Kay

A team of lawyers from around the country have filed a class action lawsuit against JPMorgan Chase & Co. and its affiliates, alleging it used robo-signed affidavits to illegally obtain default judgments against credit cardholders.

The civil lawsuit filed March 11 in Miami federal court alleged violations of the Racketeer Influenced Corrupt Organizations Act and common law fraud. The suit against JPMorgan Chase & Co., Chase Bank USA N.A., Chase Bankcard LLC and Chase Bankcard Services Inc. appears to mirror others filed in recent years against lenders and mortgage services alleging robo-signing in foreclosures.

A company spokeswoman declined comment on the suit, citing pending litigation.

The suit was brought on behalf of Miami resident Ruth Moya, who was sued twice by Chase in 2009. In 2010, Chase USA moved for default against Moya and submitted an affidavit signed by Zandra Sanchez, a Chase Bankcard employee, according to the suit. In the second case against Moya, Chase Bankcard Services employee Kevin Fletcher submitted a signed affidavit to obtain a judgment. Both motions resulted in orders of default against Moya.

Chase used robo-signed affidavits to obtain default judgments, garnish wages, attach bank accounts and even seize assets, the lawsuit claimed.

"For many years, defendants have committed debt collection abuses against thousands of their credit card customers who have purportedly defaulted on their accounts," the complaint said. "To collect on these accounts, defendants have flooded state courts, including Florida courts and state courts across the United States, with collection proceedings against their credit card customers to collect on alleged credit cardholder debt."

This is not the first time Chase has been sued over its credit card collection practices. Last year, the California attorney general sued the bank, accusing it of running a "massive debt collection mill" that used robo-signed documents to obtain default judgments against 100,000 credit cardholders in three years.

The lawsuit was assigned to U.S. District Judge Jose Martinez.

It was filed by David Buckner and Seth Miles of Grossman Roth in Coral Gables, Shannon Carson and Patrick Madden of Berger & Montague in Philadelphia, Joseph Guglielmo and Joseph Cohen of Scott+Scott in New York, Christopher Burke and Joe Pettigrew of Scott+Scott in San Diego, Edward Millstein of Sacks, Weston, Petrelli, Diamond & Millstein of Philadelphia and John Bruster Loyd of Jones, Gillaspia & Lloyd in Houston.


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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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