Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Douglas Bruce v. Jp Morgan Chase Bank

September 26, 2011

DOUGLAS BRUCE
HIMMELFARB, PLAINTIFF,
v.
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, AND KAS INVESTMENTS, LLC, DEFENDANTS
KAS INVESTMENTS, LLC, THIRD-PARTY PLAINTIFF,
v.
BAY AREA FINANCIAL CORPORATION, A CALIFORNIA CORPORATION, THIRD-PARTY DEFENDANT



The opinion of the court was delivered by: David Alan Ezra United States District Judge

ORDER DENYING PLAINTIFF'S APPEAL FROM MAGISTRATE'S ORDER

GRANTING DEFENDANT'S MOTION TO (1) FILE COUNTER/CROSS CLAIM FOR FORECLOSURE OF MORTGAGE AND (2) AMEND THE RULE 16 SCHEDULING ORDER

Pursuant to Local Rule 7.2(d) the Court finds this matter suitable for disposition without a hearing. After reviewing the Appeal and the supporting memoranda, the Court DENIES Plaintiff's Appeal from Magistrate's Order Granting Defendant's Motion to (1) File Counter/Cross Claim for Foreclosure of Mortgage and (2) Amend the Rule 16 Scheduling Order.

BACKGROUND

The case at bar relates to a $5,200,000.00 mortgage loan that Plaintiff Douglas Himmelfarb ("Plaintiff") obtained from Washington Mutual Bank, FA ("WaMu") in September 2007 to refinance Plaintiff's home.

In his Complaint, Plaintiff alleges that Chris O'Brien, a WaMu employee, represented to Plaintiff that he could assist Plaintiff with refinancing his home at an initial interest rate of 9.5% for several months which would eventually drop to 5% for a thirty year period with payments of approximately $21,000.00 per month. ("Compl.", Doc. # 1, ¶ 13.) WaMu and Mr. O'Brien had earlier assisted Plaintiff in refinancing his home in February of 2007. (Id. ¶ 15.) At all relevant times, according to Plaintiff, he made clear his income was approximately $30,000 to $40,000 per month. Plaintiff allegedly relied on promises and representations made by Mr. O'Brien with respect to this mortgage loan. (Id. ¶ 19.)

The closing on the loan allegedly occurred at Plaintiff's home. (Id. ¶ 20.) According to Plaintiff, WaMu sent an unknown woman to deliver documents for Plaintiff's signature. (Id. ¶ 21.) Plaintiff alleges that she was not a notary and could not answer questions about Plaintiff's mortgage. (Id.) Plaintiff proceeded to enter into the mortgage loan with WaMu on or about September 22, 2001. (Id. ¶ 22.) At the closing, the woman sent by WaMu left a package of documents with Plaintiff, but it allegedly had only one copy of the Notice of Right to Cancel. (Id. ¶ 24.) Plaintiff claims to have received no documents at all from WaMu prior to closing and no one explained to Plaintiff the meaning behind any documents Plaintiff ultimately received. (Id. ¶ 23.)

According to Plaintiff, after the closing he was unable to contact Mr. O'Brien to obtain the lower rate of 5%. (Id. ¶ 26.) Further, Plaintiff later discovered that the loan application showed his income at $95,000.00 per month. (Id. ¶ 27.)*fn1

In connection with these facts, Plaintiff asserts six separate causes of action:

* Count I: Truth in Lending Act ("TILA") Violations

* Count II: Unfair and Deceptive Business Act Practices ("UDAP") Violations

* Count III: Unconscionability

* Count IV: Breach of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.