Moller v Chase Deutsche Overview of case as of 7-28-2014

This demonstrates the ingenuity of Chase counsel in using circumstantial evidence as a means of proof some degree of standing..
RULE 806. ATTACKING AND SUPPORTING THE DECLARANT: When a hearsay statement or a statement described in Rule
801(d)(2)(C), (D), or (E) has been admitted in evidence, the declarants credibility may be attacked, and then supported, by any
evidence that would be admissible for those purposes if the declarant had testified as a witness. The court may admit evidence of the
declarants inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to explain or
deny it. If the party against whom the statement was admitted calls the declarant as a witness, the party may examine the declarant on
the statement as if on cross-examination.
Bottom line of Conclusion: If the Court concurs and finds that the Trust has only a security interest in the Mortgage Pool Assets, then
the Depositor, Washington Mutual Mortgage Securities Corp. (WMMSC), may be the rightful owner of Mollers Mortgage Loan
providing, of course, that WMMSC can demonstrate it acquired the Mortgage Loan from Washington Mutual Bank, FA in the first place;
and that it paid consideration for it as required by Article 9 of the UCC.
Since the Trust paid WMMSC by issuing securities which, on a pro-rata basis, exceeded the principal amount of Mollers Mortgage
Loan, WMMSC would be required to repurchase it as provided for in the Pooling and Servicing Agreement before it can acquire status
as the Note Holder.
My research revealed that Washington Mutual Mortgage Securities Corp. is currently subject to repurchase demands from Deutsche
Bank for all 2406 of the mortgage loans originated by Washington Mutual Bank that were securitized into the WaMu Mortgage
Pass-Through Certificates Series 2003-AR3 Trust. [See Analysis: pp. 23-25, 37-39]
JPMorgan Chase Bank, N.A. (JPMC), the Servicer for the Trust, realized that proving these transfers actually took place would be
extremely difficult if not impossible and so, it took a shortcut.
On April 10, 2013, in an attempt to mask the securitization fail described above, JPMC prepared, executed, and subsequently
recorded a Corporate Assignment of Deed of Trust (Assignment) which purports to transfer Mollers Mortgage Loan from the FDIC as
Receiver for Washington Mutual to Deutsche Bank as Trustee for the Trust. [See Abstract: p. 9 & Exhibit L]
For all of the reasons explained in painstaking detail above, I concluded that the Assignment is a nullity; the transaction it purports to
represent did not and could not take place in reality. This Assignment is fictitious; it is a self-dealing breeder document prepared,
executed and recorded by JPMorgan Chase Bank, N.A. under false pretenses so that it could institute a non-judicial foreclosure action
and seize Mollers Property on behalf of the Trust. By definition, this Assignment is void ab initio. [See Analysis: pp.
28-36, 55-91]
JPMorgan Chase Bank, N.A.s practice of manufacturing false and fraudulent foreclosure documents and enlisting robo-signers to
execute them is against public policy and is prohibited by the Joint Federal Regulators Cease and Desist and Consent Order of April
13, 2011; the National Mortgage Settlement of April 5, 2012; and the Independent Foreclosure Review Settlement announced on
February 28, 2013. [See Analysis: pp. 36-38, 92-102]
Due to the complexities of this matter and the competing interests among Deutsche Bank National Trust Company, JPMorgan Chase
Bank, N.A., and the Federal Deposit Insurance Corporation, the subject Mortgage Loan cannot be foreclosed non-judicially as it is
unclear who, if any of these entities, has the right to enforce the instruments. [See Analysis: pp. 22-25, 34-39]
Borrower

Lorraine Mary Moller

716 Spruce Street, Boulder, Boulder County, Colorado 80302
_________________________________________
Lender / Nominee

Washington Mutual Bank, FA

_________________________________________
Assignee

WaMu Mortgage Pass-Through Certificates Series 2003-AR3 Trust > Deutsche Bank
National Trust Company serves as Trustee.
The FDIC sold the banking subsidiaries, certain assets, and all mortgage servicing rights to JPMorgan Chase
Bank, N.A. (JPMC) on September 25, 2008.
Executive Summary
On January 17, 2003, Lorraine Mary Moller (Moller) entered into a consumer mortgage

transaction with Washington Mutual Bank, FA (Washington Mutual) in which she borrowed
$500,000.00 in order to refinance her home located at 716 Spruce Street, Boulder, Boulder County,
Colorado 80302 (Property). Moller has owned and occupied the Property as her primary residence
since June 30, 1994 (twenty years).

Unbeknownst to Moller, on February 25, 2003, Washington Mutual Bank, FA and its
affiliate, Washington Mutual Mortgage Securities Corp., securitized Mollers Mortgage Loan into
the WaMu Mortgage Pass-Through Certificates Series 2003-AR3 Trust over which Deutsche Bank
National Trust Company serves as Trustee.

On September 25, 2008, the United States Office of Thrift Supervision seized Washington
Mutual Bank from Washington Mutual, Inc. and placed it into the receivership of the Federal
Deposit Insurance Corporation (FDIC). The FDIC sold the banking subsidiaries, certain assets,
and all mortgage servicing rights to JPMorgan Chase Bank, N.A. (JPMC) on September 25, 2008.

On November 22, 2012, Moller became aware of reports that certain portfolio loans
allegedly acquired by the FDIC as Receiver for Washington Mutual had not been transferred to
JPMC. Concerned that her payments were not being made to the proper party, Moller sent JPMC a
demand for full disclosure of the name, address, and phone number of the bank or investor that
owns this account. JPMCs response was, essentially, to brush off Mollers demands and institute
non-judicial foreclosure proceedings.

After conducting a full forensic review of the documents and records described herein, I, Marie McDonnell,
concluded that the attempted foreclosure of the Property is wrongful for the following reasons:
1. From March 1, 2003 (the first payment due date) to November 1, 2012, Moller maintained
her mortgage obligation in good standing.
2. After sending notice to JPMC on November 22, 2012, Moller ceased making payments in
order to mitigate the risk of further loss to herself, and to the real party in interest, while she

attempts to ascertain the identity of the current Note Holder.

3. Notwithstanding Moller has withheld her payments pending the resolution of her dispute,
payments have been advanced on her behalf and her loan is current.
4. The copy of the Note that Deutsche Bank attached to its Rule 120 Motion is suspicious. It
appears to have been altered on page 6 of 6 by whiting out a scribble mark, and imposing an
indorsement in blank from Washington Mutual Bank, FA to give the appearance it is a
negotiable instrument governed under U.C.C. Article 3, which it is not.
5. The Corporate Assignment of Deed of Trust prepared by JPMC as Attorney-in-Fact for the
FDIC is unauthorized, fictitious, and ten (10) years too late.

On February 20, 2013, JPMorgan Chase Bank, N.A. (Chase) responded to a letter from Moller
they claimed to have received on February 11, 2013. Attached to this letter was a copy of the
Loan Transaction History; Note; and Security Instrument. (See Exhibit J. Chase Response,
02/20/2013)
In its cover letter, Chase stated that:
Chase is the servicer of this mortgage loan.
Any assignment of the Security Instrument, previous sellers, purchasers, assignors, and
assignees would be a matter of public record. Please review public record for this
information.
The investor for this loan is JPMorgan Chase Bank, National Association, 3415 vision
Drive, Columbus, Ohio 43219, (800) 848-9136.
Some of the information requested under this section is either confidential or
unavailable, and cannot be provided.
On February 28, 2013, Moller caused a Notice of Dishonour to be sent to Chase claiming that
Chase had failed to respond to her Notice and Demand to Validate Debt Claim, Notice of
Default, and Notice of Protest. (See Exhibit K. Notice of Dishonour, 02/28/2013)
On April 10, 2013, LeShonda Anderson, acting in her alleged capacity as Vice President of JP
Morgan Chase Bank, National Association as Attorney-in-Fact for Federal Deposit Insurance

Corporation, as Receiver of Washington Mutual Bank F/K/A Washington Mutual Bank, FA

(Assignor) executed a Corporate Assignment of Deed of Trust (Assignment) which was
recorded with the Recorders Office on April 16, 2013, as Document # 03304836.
This Assignment purports to transfer the Moller Deed of Trust (but not the Note) from the
Assignor to Deutsche Bank National Trust Company as Trustee for WaMu Mortgage Pass
Through Certificates Series 2003-AR3 (Assignee). After recording the Assignment, the
Recorder was instructed to return the original to JP Morgan Chase Bank, NA, C/O NTC 2100
Alt. 19 North, Palm Harbor, FL 34683.2 (See Exhibit L. Corporate Assignment of Deed of
Trust, 04/10/2013)
On June 17, 2013, Aronowitz & Mecklenburg, LLP claiming to be Attorneys for Deutsche Bank
National Trust Company as Trustee for WaMu Mortgage Pass Through Certificates Series 2003AR3, the Holder of the Evidence of Debt, filed a Notice of Election and Demand for Sale by
Public Trustee (Notice) demanding that the Public Trustee sell the property. The Notice was
recorded with the Recorders Office on June 24, 2013, as Document # 03322022. (See Exhibit
M. Notice of Election and Demand for Sale by Public Trustee, 06/17/2013)
On September 26, 2013, Aronowitz & Mecklenburg, LLP filed a Response to the Courts Order
of September 16, 2013 in Support of its Verified Rule 120 Motion for Order Authorizing Sale to
which it appended Exhibits A through D consisting of: (See Exhibit N. Plaintiffs Response to
Court Oder, 09/26/2013) [sans exhibits]
A. - a copy of the Fixed/Adjustable Rate Note indorsed in blank by Washington Mutual
Bank, FA and the Addendum to Fixed Adjustable Rate Note that was not indorsed;
B. - a copy of the Deed of Trust and Fixed/Adjustable Rate Rider;
C. - a copy of the Corporate Assignment of Deed of Trust; and
D. - a partial Transaction History that omits the first 5 years of the accounting.
At this writing, a hearing on the Rule 120 Motion is scheduled to take place on January 15th,
2014.

I. Securitization Analysis
Residential Mortgage Backed Securities Research
(1) Using my access to Bloomberg Professionals database of Residential Mortgage Backed

Securities (Bloomberg), I found that Mollers Mortgage Loan7 is presently being tracked
as an asset of the WaMu Mortgage Pass-Through Certificates Series 2003-AR3 Trust
(Issuing Entity or REMIC or Trust or Trust Fund or Deal).8
Moller is Not in Default
(51) Colo. Rev. Stat. 4-3-306 provides that: (a) Subject to subsection (b) of this section, an instrument is paid to
the extent payment is made (i) by or on behalf of a party obliged to pay the instrument, and (ii) to a person entitled to
enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is
discharged even though payment is made with knowledge of a claim to the instrument under section 4-3-306 by
another person.
(52) Through my access to Bloomberg I was able to download the payment history associated with Mollers Mortgage
Loan as that is being reported to investors. I found that notwithstanding Moller has withheld her payments pending
the resolution of her dispute,payments have been advanced on her behalf and her loan is current. (See Exhibit U. Bloomberg History of Mollers Mortgage Loan, 12/29/2013)
(53) It appears that Washington Mutual Mortgage Securities Corp., the Master Servicer, is advancing these payments
from the credit support available through the excess spread27 derived from the cash flow generated by the
Mortgage Pool Assets. This waterfall structure is delineated in the Pooling and Servicing Agreement and will
continue until the credit enhancements have been exhausted.
(54) As it now stands, the credit support has risen from 2.80% of the principal balance at origination, to 9.33% of the
outstanding balance of the remaining 84 loans. Hence, I would expect to find that Mollers Mortgage Loan will remain
current for some time. (See Exhibit O. - Bloomberg Research Results)
Identifying the Note Holder
(55) In Paragraph 1 of her Note, Moller promised to pay the Lender (Washington Mutual Bank, FA) or anyone who
takes this Note by transfer and who is entitled to receive payments under this Note i.e., the Note Holder. (56)
Uncertain of the identity of the Note Holder as that term is defined in her Note, Moller elected to withhold her
December 1, 2012 installment until she could ascertain proof of who acquired all right, title and interest in and to her
mortgage obligation.
(57) Bloomberg reports that as of December 29, 2013, there were only 84 out of 2448 loans remaining in the WAMU
2003-AR3 Trust. (See Exhibit O. Bloomberg Research Results, page 3, Collateral Loan Performance)
(58) It seems logical that the number of investors in the Trust has also dwindled to the point where it should not be
difficult or burdensome for JPMC and/or Deutsche Bank to identify the entities who claim to own the remnant
consisting of these 84 loans.
(59) In addition, this Deal has been subject to a 5% clean up call for some time now and it is entirely possible that all
Certificate holders who actually funded the acquisition of the Mortgage Pool Assets have been paid off. Bloomberg
also reports that the Residual Class has been paid off for some time, further calling into question who owns what at
this stage of the game.
(60) For these reasons, it is critical that Deutsche Bank disclose the identity of the real party in interest so that
Mollers dispute may be resolved fair-mindedly and with certainty.
The Assignment Evidences A Truth In Lending Violation

(65) On May 20, 2009, President Obama signed into law The Helping Families Save Their Homes Act of 2009.29 Section
404 of the Act amends the Truth in Lending Act (TILA) to require that a new notice be given to consumers within 30
days after the sale, transfer or assignment of the consumers mortgage loan. 30 The new notice requirement became
effective on May 20, 2009 and applies to any sale, assignment or transfer of a mortgage loan occurring on or after
May 20, 2009.
(66) The new requirement has real teeth because Section 404 also amends Section 130(a) of TILA to provide that the
failure to give the notice can result in liability for actual and up to $2,000 in statutory damages per violation, plus
plaintiff's reasonable attorneys fees. Class action lawsuits can also be brought for systematic violations, subject to a
$500,000 cap.
(67) Thus, the instant Assignment executed by LeShonda Anderson on April 10, 2013, is subject to the notice
requirements mandated by Section 131(g) of Truth In Lending Act as amended by Section 404 of The Helping Families
Save Their Homes Act of 2009 effective May 20, 2009.
(68) Lorraine Mary Moller maintains that she was never notified in writing by the Assignee or the Assignees Servicer
(JPMC) that her Note and Deed of Trust had been sold on or about April 10, 2013. It was only upon her own initiative
on November 22, 2012 that Moller discovered her Mortgage Loan had been sold and securitized.
Separating Fact From Fiction
(69) LeShonda Anderson (Anderson) is an employee of JPMorgan Chase Bank, N.A. at its facility in Monroe, Parish of
Ouachita, Louisiana.31
(70) On April 10, 2013, Anderson executed the above referenced Corporate Assignment of Deed of Trust (but not the
Note) in her alleged capacity as Vice President of JPMorgan Chase Bank, N.A. (JPMC) as Attorney-in-Fact for the
Federal Deposit Insurance Corporation as Receiver of Washington Mutual Bank f/k/a Washington Mutual Bank, FA
(FDIC). (See Exhibit L. Corporate Assignment of Deed of Trust, 04/10/2013)
(71) No Corporate Resolution authorizing Anderson was attached; nor was the Power of Attorney referenced therein.
I performed an online search of the Boulder County Recorders Office but could not locate a Power of Attorney
authorizing JPMC to execute documents on behalf of the FDIC.
(72) I am aware of a certain Limited Power of Attorney effective September 25, 2008 in which the FDIC authorized
JPMC to execute certain documents in connection with Washington Mutual loans as its Attorney-in-Fact. However,
that authority terminated on September 25, 2010. Thus, JPMC must prove its authority in order to establish the
validity of the Assignment.
(73) The more serious problem with this Assignment is that it is a fiction; i.e., it represents a transaction that did not
take place in reality.
(74) As explained above, Mollers Mortgage Loan was allegedly securitized on February 25, 2003 according to a
precise set of conveyances mandated by the Pooling and Servicing Agreement. The only way that Mollers Mortgage
Loan could be conveyed to Deutsche Bank National Trust Company as Trustee for the WaMu Mortgage Pass-Through
Certificates Series 2003-AR3 Trust is by following the true sale conveyances outlined in the PSA which had to be
completed by February 25, 2003, or within 90 days thereof.
(75) Table 2 below compares and contrasts the transfers dictated by the PSA with the documents recorded in the
Boulder County Recorders Office.