Gulf War Veteran, Elaine, is now a Single Grandmother raising two Grandsons and her nephew alone and has owned her home for ten years, with a fifteen year mortgage. Harper has no other place for her and the children to reside. That J.P. Morgan Chase and Litton Loan Servicing have foreclosed on her home and sold the mortgage back to J.P. Morgan Chase Manhattan Bank for $100, under fraudulent means and in violation of State and Federal Laws.
That J.P. Morgan Chase and Litton Loan Servicing have committed fraudulent acts, placing forced insurance on her property and her property has been insured by State Farm Insurance Agency for ten years.
Litton and Chase acquired Her loan she believes in December 1999, she was never told that her mortgage was sold to Litton and Chase in violation of the Truth in Lending Act. Starting January 2000 until 2002, Litton and Chase engaged in an elaborate mortgage scheme and began aggressively pursuing the takeover of Harper's property using intimidation and predatory tactics. Before Harper became aware that NationsCredit no longer held her mortgage, she continued to send her monthly payments to them.
She then received a letter from Litton placing her property in default. Thereafter she was constantly placed in default with Litton because, it became apparent that after a period of time that Litton was diverting money from her monthly payments and applying it to bogus late fees, a phony escrow account, and illegal forced placed insurance on property that was properly insured and later legal fees to cause her to be in default so that they could later foreclose on her property. She does not know or was ever told what happened to the money placed into the phony escrow account, since she paid all taxes and insurance on the property, per her mortgage contract.
Litton used a variety of different and deceptive agents to harass Her with threats of foreclosure and demands for large sums of money that was sent and never applied to her mortgage or the interest on the mortgage.
When she refinanced her mortgage in May 1998, the principal amount of the loan was $43,116.00. In December 1999 after 19 months of paying $470.00 monthly on her mortgage. In addition to her monthly payments paid over $32,469.00 in bulk payments. Defendants contend that the balance on the account today is $43,093.20, which is wrong and does not include the $32,469.00 in extorted monies that Harper was forced to send to try to keep them from foreclosing on her home, nor does that figure in her nineteen months of regular payments.
Harper charges that Litton and Chase:
Failed to credit payments received in a timely fashion;
failed to provide Her with timely or clear information about timing and amount of payments owed and failing to notify her about purchase of her mortgage;
prematurely referring accounts to collections, regardless of legal and/or contractual grace periods;
misapplying payments received or not applying payments at all;
Placing forced insurance from Loyd's of London, which is not an insurance company in the first place on property that was fully covered, and diverting her monthly mortgage payments to pay for the illegal insurance and force Her into default;
Creating an illegal escrow account in breach of her mortgage contract and again diverting her monthly payments to pay for the escrow account and to force Her into default to enable them to foreclose on her property which had substantial equity built up in it.
Extorting large sums of money from Her under threats, intimidation and causing enormous emotional and financial distress to her and her family.
Never applying any monies to her mortgage or interest.
Damaged Her credit causing irreparable damage;
According to Litton's records, one hundred and forty three calls were placed to Her home over a two year period, although she maintains that there were many more calls made, Litton has not recorded the calls made to Her job, nor did they record the times of the calls placed to her home. She maintains that she was called at times before 7am and after 9pm, Litton's agents used obscene or profane language or language in the natural consequence of which is to abuse the Her. Engaging Her in telephone conversation repeatedly or continuously with the intent to annoy, intimidate, abuse or harass Her in violation of U.S. Code Title 15 and the RICO Act, U.S. Code 18, 1962. Litton also mailed over forty collection, forced insurance notices and/or default notices to Her home.
The Courts have aided and abetted these crooks and the government has turned a blind eye what these Big Corporations are doing the American Dream of so many hard working tax paying Americans. What can we do?