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BREAKTHROUGH: FLORIDA CIRCUIT JUDGE COMPELS JPM TO PRODUCE SECURITIZATION DISCOVERY INCLUDING ALL INSURANCES ON LOAN AND DOCUMENTS CONCERNING GRANT OF AUTHORITY FROM FDIC TO JPM

June 13, 2013

June 13, 2013A Pinellas County (St. Petersburg) Florida Circuit Judge has overruled the majority of a Motion for Protective Order filed by JPMorgan Chase Bank, N.A. against the homeowner’s written discovery. The homeowner is represented by Jeff Barnes, Esq., who argued the matter in court and prepared the legal memoranda requested by the court following the hearing.After months of consideration following full briefing, the Court compelled JPM to produce the following documents, among others: all documents relating to the securitization including all PSAs, Master Purchasing agreements, Custodial agreements, Guarantee agreements, and Release of Document agreements; all policies of insurance including but not limited to private insurance, LPMI and NIM policies, mezzanine policies, ISDA policies and credit default swaps; all documents demonstrating any payments against the loan by any source whatsoever; documents as to suspense or unapplied transactions accounts (where banks park payments in order to reflect no payment on the loan, thereby creating a “default” situation on paper); all documents setting forth any assignment of the loan to any SIV, SPV, CDO, CMO, or credit default swap; all documents demonstrating any grant of authority of any kind to MERS; all documents evidencing any grant of authority from the FDIC to JPM relating to the loan and documents setting forth the transfer of the loan from a WaMu securitization to JPM; and any documents evidencing the application of TARP monies including request for such funds based in part on a claimed default of the loan.We have been arguing the relevance of the documents across the US for years in terms of both the standing-related issues and issues related to setoffs against the claimed amount of default and how the default was created. This ruling is the second breakthrough ruling recently obtained (the other was that obtained in a case in Tennessee where Mr. Barnes represents the homeowner which was the subject of a recent post).Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

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