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2 Case File California Jolley v. Chase Home Finance, Et Al Appellate 1st District Appellants Opening Brief... Excerpts

2 Case File California Jolley v. Chase Home Finance, Et Al Appellate 1st District Appellants Opening Brief... Excerpts

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Published by Deontos

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Published by: Deontos on Jun 21, 2012
Copyright:Attribution Non-commercial

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07/28/2014

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APPEAL FROM THE JUDGMENT OF THE SUPERIOR COURTOF THE STATE OF CALIFORNIA, COUNTY OF MARIN
Hon. Lynn Duryee, Judge
APPELLANT'S OPENING BRIEF<
excerpt
>
This evidence cannot be lightly dismissed since JeffreyThorneis ahighly credible expert witness who swears under penalty of perjury that heactually read the real PAA and it does not absolve Chase of liability forWaMu. More specifically, Mr.Thorne's declaration reads, in pertinent part,as follows:
1. Currently I am employed as an asset manager for the FDICthrough a contractor for the FDIC, RSM McGladrey Inc. I amintimately familiar with the procedures for taking over afailedbank and the required notices that must be given to insulate the buyingbank from liability for the original loans of the failed banks.2. When Washington Mutual failed, I was involved in thetakeover of Washington Mutual by FDIC and the escrow that wasopened to sell Washington Mutual to Chase Bank. I was uniquelypositioned to be involved in what was known as "Bank No. 26takeover" as I had previously worked for Washington Mutual,heading their Construction Lending Department for 38 states.4. Within the takeover procedures by the FDIC, the FDIC will enterinto an agreement with the succeeding bank. In this instance theFDIC entered into an agreement with Chase Bank. But because of the nature of the transaction, the FDIC guaranteed 80% of the loans,

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