TIMELINE OF 110B MABEL DODGE LANE

  1. January 21, 2004, Chase Manhattan Mortgage, who is not a legal party of interest, faxes to S&S financial a blank Statement of Borrower’s Benefits.

 

  1. January 23, 2004, the same Statement of Borrower’s Benefits is faxed to Ms. Price to sign and date the document as February 3, 2004 and fax it back to S&S Financial.

 

  1. February 2, 2004, S&S Financial loans to National City Mortgage the amount of $126,000.

 

  1. February 3, 2004 , Closing occurs in Taos between National City Mortgage and Ms. Price for a high interest First Mortgage in the amount of $630,000 and a high interest Second Mortgage in the amount of $126,000 with a Five-Year Balloon; the terms of both mortgages are unconscionable. Unknown to Ms. Price, S&S Financial is the actual Lender under the guise of National City Mortgage, as well as the Broker.  The same Statement of Borrower’s Benefits is faxed by S&S Financial to the closer for inclusion in both documents – the check marks on the Statement of Borrower’s Benefits are not Ms. Price’s, nor is the information in her handwriting; she is left-handed.  Unknown to Ms. Price at this Closing, and not authorized by her, Chase is favored with a check from the funds for $25,000; Ms. Price gets $68,000 while she is expecting in the neighborhood of $96,000.

 

  1. February 9, 2004, Unknown to Ms. Price, six days after the Closing referred to in #4, the high rate $126,000 Second Mortgage with Five-Year Balloon is purchased by Chase and fraudulently concealed from Ms. Price; this Second Mortgage is held in abeyance from the next closing on May 17, 2004 where it is supposed to be paid off.

 

  1. March 31, 2004, Unknown to Ms. Price, 50 days after Closing referred to in #4, the $630,000 First Mortgage is subordinated from S&S Financial under the guise of National City Mortgage to Bank of America as a Home Equity Line of Credit.

 

  1. May 17, 2004, Closing between Bank of America and Ms. Price – mortgage dated May 14, 2004 (which negates the 3-day right of rescission) is supposed to be a refinance of $630,000 by Bank of America at a lower rate and no closing costs.

 

  1. May 17, 2004, Countrywide, America’s Wholesale Lender (now Bank of America) is to close simultaneously with #7 in order to pay off the egregious $126,000 5-Year Balloon Second Mortgage with a $195,000 Home Equity Line of Credit whereby Ms. Price is to receive $69,000 cash out to finish construction.

 

  1. May 17, 2004, Bank of America mortgage becomes $650,000 with no advance            notice to Ms. Price with $20,000 added to the Principle and the Broker is paid     over $20,000 for something that never happens, re #8. This mortgage yields no   net benefit to Ms. Price, in fact she must pay for the appraisal and the survey.

 

  1. May 17, 2004, When questioned over the phone during the Closing as to the whereabouts of the documents for the $195,000 Second mortgage, Ms. Zintak-  Schmoller says, “You are the third person this week this has happened to; the documents are just delayed and will be there in a couple of days.”  So Ms. Price       waits. The three day right of rescission is negated because the mortgage is back- dated to May 14, 2004 and is filed as such along with the Assignment of       Mortgage referred to in #6, page 680, two minutes later.

 

  1. The documents referred to in #10 never come; the whole front of the house is  just footings at this point and is never finished with bank monies.  Ms. Price is    left with a larger mortgage with no net benefit, plus the egregious $126,000  5-Year Balloon Second Mortgage is still in place, the building remains unfinished   as far as the Bank is concerned, and Ms. Price is responsible for property insurance payments to cover the lien amounts.

 

  1. September 14, 2004, (four months after the Closing May 17, 2004) Ms. Price is  instructed by her financial advisor to file Chapter 11, retaining an attorney       October 1, 2004, who is supposed to file at the end of December.

 

  1. January 4, 2005, (less than three months after last payment August 14, 2004 – paid through September 14, 2004), Unknown to Ms. Price, Bank of America allegedly assigns to JP Morgan Chase the $650,000 First Mortgage which is paired with the $126,000 Second Mortgage with the Five-Year Balloon which Chase purchased under the table referred to in #5. Now Chase owns both mortgages without having gone to Closing with Ms. Price. There is no Statute of Limitations on Fraudulent Concealment.

 

  1. January 12, 2005, JP Morgan Chase files Summons and Complaint for Foreclosure and calls mortgage into default. They do not yet possess nor file the assignment of mortgage with the complaint.

 

  1. January 19, 2005, Price’s attorney files Chapter 11. The last mortgage payment to Bank of America is made on August 14, 2004 (payment through September 14, 2004) – one cannot favor one creditor over another 90 days prior to filing of Chapter 11.

 

  1. January 21, 2005, JP Morgan Chase receives the Assignment of Mortgage they know is in default and fails to notify Ms. Price of the Assignment of Mortgage.

 

  1. January 21, 2005, same date as #15, JP Morgan Chase Serves to Ms. Price Summons and Complaint for Foreclosure, violating Chapter 11 Code; nothing in the Complaint refers to JP Morgan Chase as the owner. All documents cited relate to Bank of America specifically, pg 680, referred to in #6.

 

  1. March 21, 2005, the name on the $126,000 Second Mortgage with 5-Year Balloon is corrected to read Chase Manhattan Mortgage, not Chase Home Finance.

 

  1. April 1 through December 31, 2007, Ms. Price pays Bank of America over $31,000 on a mortgage that is apparently owned by JP Morgan Chase; no payments are ever made to JP Morgan Chase.

 

  1. January 7, 2010, the Chapter 11 case is closed with Final Decree from Federal Judge Robert Jacobvitz allowing the motion of Chapter 11 Trustee to convert to Chapter 7 with the case fully administered and substantially consummated.

 

  1. April 12, 2010, through June 23, 2013, in good faith, Ms. Price applies to Bank of America for the government Home Modification Loan program 18 times and meets face to face with Bank of America representatives February 5, 2013. Ms. Price is told that even though she qualifies, “there is forbearance on your property and there is nothing we can do.” Wells Fargo seems to be the owner of the Note on this Mortgage, we are simply the Servisor,” the rep from Bank of America tells Price (me).

 

  1. JUNE 2013, DISTRICT COURT ERRS IN REOPENING CASE_SOL