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Im thinking of a "motion for judicial notice" of viola

Resolved Question:

I'm thinking of a "motion for judicial notice" of violations of article 1 of this consent order.

http://www.occ.treas.gov/news-issuances/news-releases/2011/nr-occ-2011-47e.pdf

What would be the best use of the consent order? As a motion for judicial notice or memorandum of law?
Submitted: 2 years ago.
Category: General
Expert:  Andy4712 replied 2 years ago.

What are you trying to do? If you arguing some point in your case, then you should use a memorandum or brief. They may say it irrelevant to your case. I hope this answers your question. If not, then please reply. Thank you.

Customer: replied 2 years ago.

Memorandum. Good point about relevance.


 


I need to make sure it supports clear simple arguments which lead to a single conclusion.


 


 

Expert:  Andy4712 replied 2 years ago.

Are you trying to say that the same mistakes were made by your bank?

Customer: replied 2 years ago.

It isn't a mistake. Banks commit fraud on purpose. JPMorgan Chase is my servicer. The same attorney that was sending me debt collection letters stating that Chase was a servicer filed foreclosure stating that JPMorgan Chase is suing in the capacity of a mortgagee.


 


So the attorney knows that the bank does not have jurisdictional standing. They are not the holder in due course of my note (if the note was sold they shouldn't have it). SInce they sold it they forever lost the right to control it. (If they somehow magically get the note back)


 


I will stop there only to say that based on knowledge and belief my loan has been converted into a security. If I have to argue that I will win.


 


There have been no ownership transfers recorded in the county records since October 13, 2006.


 


 

Expert:  Andy4712 replied 2 years ago.

Did I answer your question?

Customer: replied 2 years ago.
Yes, you did. I was just looking for a way to use the OCC Consent Order in my case.
Expert:  Andy4712 replied 2 years ago.
If you think I answered your question, then please hit accept. Thank you.
Customer: replied 2 years ago.

I can't rate and submit. I believe maybe when you keep requesting more info is the reason.

Expert:  Andy4712 replied 2 years ago.

Ok. I will hit answer and see what happens.

Andy4712, Consultant
Category: General
Satisfied Customers: 406
Experience: I have experience and knowledge as a consult to answer numerous questions regarding numerous issues.
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