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I SUPERIOR COURT OF NEW JERSEY


CHANCERY DIVISION

I IN THE MATTER OF
RESIDENTIAL MORTGAGE
GENERAL EQUITY PART
MERCER COUNTY,

I FORECLOSURE PLEADING AND


DOCUMENT IRREGULARITIES
DOCKET NO,: F-059553-IO

Civil Action

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F I LED
I JUL 2 8 2011
SUPERIOR COURT

I CLERK'S OFFICE

I
I AFFIDAVIT OF CHRIS COLLINS
ON BEHALF OF
I JPMORGAN CHASE BANK, N.A.

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I STATE OF OHIO )
) SS:

I COUNTY OF FRANKLIN )

I AFFIDAVIT OF CHRIS COLLINS

I, Chris Collins, being duly sworn, depose and state the following:

I I. I am a Vice President of Foreclosure Operations at JPMorgan

Chase Bank, National Association ("Chase"). I am one of several individuals responsible


I for certain foreclosure processes at Chase including the review and remediation of sworn

I documents and the development and implementation of procedures concerning

foreclosure litigation.
I 2. I have read the affidavits of Michael Zarro dated January 5, 2011

I and April?, 2011, and agree with the content of those affidavits.

I 3. 1 make this Affidavit in further support of Chase's prima facie

showing to the Honorable Ri chard J. Williams, lA.D. (ret.). I address below certain

I questions concerning Chase's processes for the execution of foreclosure documents in

I cases where Chase acts as servicer of the loan, and in particular, the court cases listed in

Chase's Servicer Portfolio (the "Chase Servicer Portfolio").

I EMC Mortgage Corporation

I 4. Chase's parent, JPMorgan Chase & Co., acquired The Bear Stearns

I Companies Inc. ("Bear Stearns") effective May 30, 2008.

5. Included in the acquisition was a servicing company owned by

I Bear Stearns named EMC Mortgage Corporation (HEMC").

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I 6. From the time of the acquisition until April 1,2011, EMC operated

I as a separate legal entity. However, foreclosures of loans serviced by EMC followed the

same general processes, procedures, and document execution practices of Chase and its

I servicing subsidiary, Chase Home Finance LLC ("CHF").

I 7. On March 31,20 II, EMC converted from a Delaware corporation

to a Delaware limited liability company and changed its name to EMC Mortgage LLC

I ("EMC LLC"). Copies of the Certificate of Formation of EMC Mortgage LLC and

I Certificate of Conversion Converting EMC Mortgage Corporation (a Delaware

corporation) to EMC Mortgage LLC (a Delaware limited Iiabihty company) are annexed

I hereto and incorporated herein as Exhibits A and B, respectively.

I 8. On April 1,2011 , EMC LLC sold its mortgage servicing rights to

Chase. As a result, servicing of the mortgage loans previously serviced by EMC/EMC


I LLC was transferred to Chase on that date. Copies of the Assignment and Assumption

I Agreement, and related documents, are collectively attached hereto and incorporated

herein as Exhibit C.

I 9. From March 2008 until April 1,2011, records for EMCIEMC LLC

I loans were maintained by EMC under Chase's control, management and superviSIon.

Effective April 1,2011, those records are maintained by Chase.


I 10. Further, notwithstanding the April 1,2011 date, Chase's enhanced

I processes, procedures, and document execution practices outlined in the January 5, 2011

and April 7, 2011 Zarro affidavits have applied to the EMC portfolio since the inception
I of the processes, procedures, and document execution practices.

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I II. All foreclosure related affidavits and certifications executed by

I Chase w ill reflect that the loan is serviced by Chase, and to the extent necessary, all

procedures will be updated to reflect this change.

I 12. The loans formerly serviced by EMC are included in Chase ' s

I previously submitted Chase Servicer Portfolio.

Chase Home Finance LLC


I 13. Effecti ve May 1, 201 I , CHF merged into Chase, and Chase is now

I the servicer of the residential mortgage loans previously serviced by CHF. Annexed

hereto and incorporated herein as Exhibit D is a copy of the Certificate of Merger of


I Chase Home Finance LLC (a Delaware Limited liability Company) With and Into

I JPMorgan Chase Bank, National Association (a national banking association organized

under the laws of the United States of America).


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14. The merger has mooted the sub-servicing agreement between CHF

I and Chase described in Paragraphs 9 and 30 of the April 7, 2011 Zarro affidavit.

I IS. All foreclosu re related affidavits and certifications executed by

Chase will reflect that the loan is serviced by Chase, and to the extent necessary, all
I procedures will be updated to reflect this change.

I 16. The processes and procedures detailed in the January 5, 201 I and

April 7,201 I Zarro affidavits are otherwise unaffected by the merger or CHF into Chase
I and any representations Mr. Zarro made concerning the practices of CHF apply to Chase.

I 17. The loans formerly serviced by CHF are included in the Chase

I Servicer Portfolio.

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I Document Execution, Data Integrity and Third Party Vendors

I 18. All sworn documents executed by Chase in connection with

residential mortgage foreclosures for the Chase Servicer Portfolio are executed "in

I house" by Chase employees. Chase does not outsource its sworn document execution for

I the Chase Servicer Portfolio, and does not use sub-servicers.

19. Although Chase uses some outside vendors to assist in the


I management of defaulted loans and processing of foreclosures , there is no abil ity for the

I manipulation of core loan records.

I 20. Regardless of (a) how Chase came to be the servicer of an

individual loan (i.e - Chase has been the servicer s ince the loan's origination, Chase

I acquired the servicing post-origination, Chase acquired the servicing from EMC or CHF);

or (b) who owns the beneficial interest in the loan (Chase, a Government Sponsored
I Enterprise such as Freddie Mac or Fannie Mae, or a private investor), for all loans

I identified in the Chase Servicer Portfolio, Chase is relying on the MSP system described

in the Zarro affidavits to store, retrieve, and otherwise access critical loan data.
I 21. Moreover, all loans identified in the Chase Servicer Portfolio are

I handled through the foreclosure processes and document execution procedures set forth

I the January 5, 2011 and April 7, 2011 Zarro affidavits, and this affidavit . When

documents such as Certifications of Proof of Amount Due are executed, the Chase

I employees review real-time, up-to-date, vIew-only data in the MSP system.

I 22. The average number of certifications/affidavits prepared by each

Chase document execution employee is currently approximately 5-6 per day. More

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I experienced employees are processing about 10 per day, and the most that have been

I executed by one person in one day under the enhanced procedures described in the Zarro

affidavits is 13 (this was done by a very experienced employee). There are times when a

I given document execution employee will have zero completed certifications/affidavits in

I a day.

23. In addition to the loans identified in the Chase Servicer Portfolio,

I Chase has approximately 331 pending foreclosure matters in New Jersey based on home

I equity loans. Home equity loan data is maintained on a computer system known as

Vendor Live and Chase is developing procedures to complete affidavits and

I Certifications of Proof of Amount Due based on a review of that system. While the

I systems and screens accessed to complete foreclosure documents for home equity loans

are different from those used on first-lien loans, Chase will follow the same general

I processes and procedures previously described to ensure that the Chase employee

I executing the document has personally reviewed the data and has the requisite personal

knowledge to execute the Certifications of Proof of Amount Due.

I Reliability of Chase ' s Affidavits in the Event a Payment is Tendered

I 24. Payments may be tendered after the commencement foreclosure

action either (a) in the context of a forbearance agreement or other loss mitigation plan,
I or (b) outside of such context.

I 25. If a payment is tendered in the context of a forbearance agreement

I or other loss mitigation plan, the payment is recorded in MSP . If the forbearance

agreement or loss mitigation plan is ultimately unsuccessful, any forbearance payments

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I applied to the account will be reflected in the amounts due set forth in the Certification of

I Proof of Amounts Due (" CPAD").

26. Because Chase intends to execute new CPADs for pre-judgment

I files In the Chase Servicer Portfolio, any forbearance payments that may have been

I applied during the moratorium on accounts where forbearance was unsuccessful will be

captured on the new CPAD. Further, Chase will develop additional procedures to help

I ensure that counsel is advised ifforbearance payments are applied between the time the

I CPAD is completed and judgment is rendered .

27. In addition, borrowers sometimes tender payment outside the


I context of a forbearance agreement or loss mitigation plan. If the payment brings the

I borrower's loan account either current or within a certain investor-defined delinquency

(i.e., within 60 days of current status), the foreclosure action will be terminated . If the
I pay ment is less than that amount, Chase will return the funds to the borrower.

I Attorney Communication. Compliance with the New Jersey Supreme


Court Order. and Oversight

I 28. Chase communicates with its foreclosure and bankruptcy attorneys

through a variety of mediums, including telephone , e-mail, and LPS Desktop.


I 29. There are numerous mechanisms foreclosure counsel can use to

I communicate and escalate issues as needed to Chase, including dedicated Chase liaisons

I and the use of general mailboxes.

30. Chase has developed the following plan to comply with the

I Supreme Court Order (the "Order") and court rule revisions issued on June 9, 2011.

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I 31. For each pre-judgment file in the Chase Servicer Portfolio, Chase

I intends to execute a new CPAD based on Chase's enhanced processes and procedures,

reflecting the amount due as of the time the CPAD is executed.

I 32. For these pre-judgment files , a representative of Chase will review

I the complaint, Chase's systems, the note and the mortgage (and recorded assignments, if

any) to confirm the accuracy of the core facts alleged in the complaint. The reviewer will

I record the results of the review on a written statement. This statement of review will

I contain the name, title and contact information for the reviewer.

33. The written statement of review will be imaged into LPS Desktop
I for counsel's review, and a message confirming the transmission of the image will be

I sent to counsel through LPS Desktop's " intercom" function, an electronic messaging

system that provides for direct, two-way, personal communication between foreclosure
I counsel and the reviewer. Foreclosure counsel will be able to raise any follow-up

I questions, comments or concerns with the reviewer through "intercom" or the contact

information set forth on the statement of review. The communications with counsel will

I be privileged. However, Chase will maintain a copy of the statement of review for

I purposes ofmamtaming an audll trail.

34. For each post-judgment file in the Chase Servicer Portfolio, a


I representative of Chase will conduct a review of the complaint in the manner described

I above as well as a similar review of the CPAD submitted in support of the judgment.

Chase will communicate the results of the review in the same manner described above for
I pre-judgment files .

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I 35. Finally, on a go-forward basis for new cases, a representative of

I Chase will review each complaint and each CPAD, together with Chase ' s records, the

note and the mortgage (and assignments, if any) to confirm the factual accuracy of the

I complaint and CPAD. Again, the results of the review will be communicated through a

written statement transmitted through the LPS Desktop " intercom" function, and Chase
I will provide contact information for the reviewer so that counsel can address any follow-

I up questions.

I 36. In addition to the direct, real-time, personal communication

described above, foreclosure counsel and Chase are in regular communication with each

I other through phone calls, e-mail and the oversight program described below. Thus, to

I the extent any questions arise that cannot be resolved with a reviewer, there are multiple

additional paths of communication and escalation points available.

I 37. From a relationship and oversight standpoint, Chase has greatly

I enhanced its practices. Previously, relationships were managed almost exclusively by a

non-lawyer Attorney Management team which reported up through foreclosure and

I bankruptcy management. That team was also responsible for auditing the performance of

I each law firm through on-site visits. In order to exercise greater supervision of our

foreclosure and bankruptcy attorneys, many changes have been made (and continue to be

I made).

I 38. Under the current structure, the non-lawyer Attorney Management

team is responsible for managing the overall relationship with foreclosure counsel. This

I group is in constant contact with foreclosure counsel, and questions from counsel can be

I escalated through this group.

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I 39, Second, Chase has established an independent team to conduct on-

I site audit review of foreclosure firms, This group does not report up through foreclosure

and bankruptcy management

I 40, Third, Chase has created a new attorney management group within

I Chase's Legal Department, known as the Attorney Oversight Group ("AOG"). The AOG

conducts its own on-site visits (separate from the audit team), reviews policies and

I procedures, and provides support and advice to Chase's businesspeople in charge of

I foreclosure management

41. The AOG is a team of lawyers whose sole responsibility is the


I oversight and supervision of foreclosure, bankruptcy and eviction counsel. The team is

I currently comprised of eight (8) attorneys, plus a supervising attorney and managing

attorney, In addition to these ten (10) attorneys, Chase is currently interviewing and
I plans to add another two (2) to four (4) attorneys in the immediate future.

I 42. Over the past several months, the AOG has developed a robust and

proprietary process for the supervision and oversight of local counsel, which includes
I regular on-site visits several days at a time.

I 43. No practices that Chase will agree to with any regulators will be

I substantially different than what has been set forth in the affidavits filed by Chase in

connection with this matter.

I FURTHER AFFIANT SA YETH NAUGHT.

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1 I declare under penalty of perjury under the laws of the United States of America
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1 that the foregoing Affidavtt is true and correct. Executed on the

in Franklin County, Ohio.


day of July, 2011,

1
Chris Collins

1 Vice P_ldent

STATE OF OHIO )
1 COUNTY OF FRANKLIN
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1 I HEREBY CERTIFY that on this day personally appeared before me, an officer duly
authorized to adminis~er oaths and take acknowled ments in the County aforesaid,
Chris Collins , 0 is ersonally know to me or produced

1 ____-=====----,---__-,-----,-_ as identification, and who executed the


foregoing Affidavit, and acknowledged before me that he had the authority to do so on
behalf of JPMorgan Chase Bank, National AssociatIOn.
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I have hereunto set my hand and affixed my official seal this Cll~day of July,
1 2011.

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1 Melissa Hammock
Notary Public
My commission expires: VV\rui Ll,lOI:>
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MEUSSA HAMMOCK
1 NoIaIy Pub!'1C. Stale 01 Ohio
My Comm. Expires May 4, 2015

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'lJe [awa re PAGE 2

%e ~irst State

I
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
I DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND

CORRECT COPY OF CERTIFICATE OF FORMATION OF "EMC MORTGAGE LLC"


I FILED IN THIS OFFICE ON THE TWENTY-EIGHTH DAY OF MARCH, A.D.

I 2011, AT 8:47 O'CLOCK A.M.

AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF

I THE AFORESAID CERTIFICATE OF FORMATION IS THE THIRTY-FIRST DAY

OF MARCH, A.D. 2011.

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I 2242339 8100V AUTHE"",,""'A'I'

DATE· 03-28-11
110344567

I rOU m4y verjfy th1S ceIt1f1C4Cd onl~no


4t corp. del" .....u.1I gov/,,"uthver. ".lJt:ml

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State ox Ll9.1swa.re

I Secretary oX State
Division of Corporations
Delivered 08: Sl AM 03/28/20ll
FILED 08: 47 llH 03/28/2011
SRV 11.0344567 - 2242339 FILE

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CERTIfiCATE OF FORMATION

I OF

EMC MORTGAGE LLC


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This Certificate of Formation is being filed pursuant to Section 18-214(b) of the
I Delaware Limited Liability Company Act. 6 Del. C. §§ 18-101 el "~q. in connection with the
conversion ofEMC Mongage Corpomtion. a Delawnre corporation, to a Delaware limited liability
company.

I The undersigned, being dul} authorized to ext:Cute and file this Certificate of
FOml:ltion, does hereby certify as follows:

I (the "Comp:lnY-).
I. Nrune The name orthe limited nubility company is EMC Mortgage LLC

I In
2. Registered Office and Registered Agent. The Company's registered office
the State of Delaware is located nt 1209 Orange StreeL CIty of Wilmington, County of New
Castle, State of Delaware, 1980 I. 1l.c I~gistcrcd agent of the Company for service of process at
such address i, The Corp()ration Trust Company.

I 31,2011
3. Effective Time. This Certificate of Fommtion shall be effective 0[1 March

I Formation iU,
IN WITNESS WHEREOF, the undersigned has duly executed this Certificate
of March 24, 20[1.
llf

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I Name: Lauren V. H:Ul1S
A.n Authorized Person

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'lJe [awa re PAGE 1

%e :First State
I
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
I DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND

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CORRECT COPY OF THE CERTIFICATE OF CONVERSION OF A DELAWARE

CORPORATION ONDER THE NAME OF "EMC MORTGAGE CORPORATION" TO A

I DELAWARE LIMITED LIABILITY COMPANY, CHANGING ITS NAME FROM "EMC

MORTGAGE CORPORATION" TO "EMC MORTGAGE LLC", FILED IN THIS

I OFFICE ON THE TWENTY-EIGHTH DAY OF MARCH, A.D. 2011, AT 8:47

O'CLOCK A.M .

I AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF

THE AFORESAID CERTIFICATE OF CONVERSION IS THE THIRTY-FIRST DAY

I OF MARCH , A.D. 2011.

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I 2242339 8100V AUTHEN
jeffrey W Bulloc k. Seuctaf'/ of Sfate
TION · 8653511

DATE : 03-28-11
110344567

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or
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State Delaware
Secretary of Sta te
Divi.sion of Cozporati01l.5
DE>live.red 08:'1 AM 03/28/2011
YIL1lD 08: 47 AK 03/28/2011
SRV 110344!l67 - 2242339 FILl!
I CERTIFICATE OF CONVERSION
CONVERTING

I EMC MORTGAGE CORPORATION


(a Delaware corporation)

TO
I EMC MORTGAGE LLC
(a Delaware limited liability company)

I lbis Certificate of Conversion is being filed for the purpose of converting EMC
Mortgage Corporation, a Delaware corporation (the "Converting Entity"), to a Delaware limited

I liability company to be named "EMC Mortgage LLC" (the "Company") pursuant to Section 18-
214 of the Delaware Limited Liability Company Act, 6 Del. C. §§ 18-101 el seq. (the "Delaware
LLC Act''), and Section 266 of the General Corporation Law of the State of Delaware, 8 Del C.
§§ 101 el seq. (the "DGCL").
I The undersigned, as an authorized person of the Converting Entity and the
Company, does hereby certify as follows:
I 1. Name of Converting Entity. The name of the Converting Entity when
incorporated was "Southwest Equity Mortgage Corporation" The name of the Converting
I Entity immediately prior to the filing of this Certificate of Conversion was "EMC Mortgage
Corporation."

I 2. Date and Jurisdiction of Incorporation of Converting Entity. The date on


which, and the jurisdiction where, the Converting Entity was incorporated, which jurisdiction has
not changed, are as follows:

I Jurisdiction

September 26. 1990 Delaware


I 3 Name of Continuing Limited Liability Company. The name of the
Delaware liIlllted liability company to wluch the Convertmg Entity is being convertt:d and the

I nwne set forth in the Certificate of Formation of the Company filed in accordance with Section
18-214(b) of the Delaware LLC Act is "EMC Mortgage LLC."

4. Approval of Conversion. The conversIOn of the Converting Entity to the


I Company has been approved in accordance WIth the proVisions of Section 266 of the OGCL and
SectIOn 18-214 of the Delaware LLC Act

I 5.
March 31, 2011.
Effective TIDIe ThiS C~rtificate of Conv~rsioll shall be effective on

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I IN WITNESS WHEREOF, the undersigned has duly executed this Certificate of
Conversion as of March 24, 2011.
BMCMORTGAGE COlU'ORATION
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I 2852825

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Assignment and Assumption Agreement
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I FOR VALUE RECEIVED. EMC Mortgage LLC ("Seller') hereby ",lis. Jssigns.
delegates and transfels to .IPMorgdll ClIa,c Bank. N./\. ( 'Buyer") all of Sellers nghts
and Jutit-s a~ Sr..:f\'lu:r and/or master scrvicer LInder thos.e ccrtam Pooling and ScrnclIlg
Agreements or other servIcing agreements (each. a "ServIclng Agreement") rclattng to
I those ~ecllntlzation transactions to which Seller is a party. plovided. however. that Sdkr
,hall rctaIn any and all duties. l)bhgatiuns dnd liabIlities (I) relating to any servicing
actiVity "ecurnng pnor to the Effective Date Iii) relating to any IIabIllt} With respect to a
I hrcach of any mortgage loan rcprcscntatlOn or warrant~ or ItS rolt: as ~ponsor or u seller
or the mortgage loans 10 the related ,,,cunt,,ation transaction and (iii) retained by 01
excluded lrom the M,seh sold to Buyel rrom Sdk, pu",uant to or 111 accordance \\ lIh that

I (cl1am Purchase and Sale Agreement between Buyer and 'ieller dated as of the Elfective
Date

I Buyer here b) agree, to ""umc the duties. obligation, and IrabllItle\ or SelicI'
!:tole-I) in ib CapaCIl) dS sc..;I\'lleI ulH..h.:r thl.! rcl..ll~d PSI\ :-.uh.lcc:t lO the plcccding !-.cnh.'IH.:C
to the i.>'\1enl n:quin:d to (:(fCCl tl'(ln . . fl'f ofScllcr"s . . ervlcmg obligatIons under such P';A

I I", WITNE'iS \vHERI~()r. the partie, ha\e c'\eeuted tim !\,slgnlllelli ,lIlel
A,Slllnpl!On Aglecment as 01 ,\pld !. ~O II (the' Llkcl!\'c Date')

I EMC Mortgage LLC

I By: I·~~~
Name: -;-',
>

I>
>'~-' 1,,\

I Title: I.

JPMorgtm Chase Bank. N.A.


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_~/7'''''~'
I' ,j!, ~
,':/
'~/".-'
..... ;. f; .
---....,...-....------,--_.--------..
Nalne:'Dlane Bent£ ,.
I Title: Senior Vice President

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I OFFICER'S CERTIFICATE

I l. Diane [Jentz. a duly aUlhom.ccl "nicer of JPMorgdll Chase Bank. N A. C- Cha5e").


p llr~uanlto those cCl1ain pooling and servicing agrccmcnls and servlcmg agreements (the
"Servicing Agreements") relating to the ~ecuntization transactions to wh ich EMC \-Iortgage
I l.LC IS servlcer or master sen'leer (the "Tran~actloIlS·'j. hereby certIfies the followlllg In
connectIOn \\lth lIlId In ,atls'dctllln of Its rcqullcment to plOvi,k all "l1l<.:cr·, ccrtlliclUC ill
wnncction \\tlh the transfer of SCrvlclIlg andlor master ,ervlclng. as appltcablc. under the rdated
I Ser.'lclllg Agreements

Oil vlarch :; I. 20 II. I:Me t\1ortga!!c Corpol ation con\ ened Ihe buslllc>s

I orga!llzatlUlI Irol11 a Dela\\"r, corporallon to a lJelaware itmtlcd liuhiltt) wlllpan) pUr;,Udllt to


\\ hich It changed liS nam,' 10 f:MC \1ortgage I.I.C ("EMe )

I ~ On /\pnl 1.20 11 Ithe "Clo;,illg Datc") [, Me shall transfer all rights and
obltgallon, with IcSpetl to the servicing andlor master serv lc lI1g. as appltcahle. (the ''Transfer'')
wilh respect to each Transaction lO Chasl..~

I 3 rhe '1ran,lcr to Chase is pcrml lled hy and cnmplie, \\lth the tcnm ,)1' Ihe
'k:ryi\.lIlg Agn..·CIllClll~ ,mJ Clld~C agret:~ 10 be bOlillU by the term., <1IHJ LUIJ(Jilloll~ or the n.:lalcti

I Scn.lcmg J\grl..!cment

4 As o1'lh(..· Clo,)lIlg Date. the followmg conditions wll' he true and correct

I a All oj' the condlllons precedent In each SerVIcing Agreement rclattng to


Ihe rranster by lOMe to Chase WIll be complete

I b. Chase i, qualtfied to ,cn' icc mortgage loans for FallOle Mac and Freddie
~Iac dnd i, 111 good ,tandlllg with FanOlc Mac and Freddie 1I'lal: .

I c. Ch3se IS 3 !-IUD apprO\ ~d morlgagee

d C h:ts~ ha., a net \VOl th nol les, Ihan S25.000.000

I e Chase h"" cqulI), worth not less Ihan S200.000,OOO


gcnerally accepted accounting pnnclpk.;; III the Untted Sluk3
10 accordance wllh

I 5 CapltdiILcd lem" DOl defined herein ,hall ha ve the m,'aning' pro\ ided 10 the
reluted Scrvlc1Ilg Ag.rccmcm

I 1:-.1 W ITI"ESS WIIERf·:OF. the underSIgned h'L, "t his hand hcrcunw thl" day or Apnl I.
20 11.

I .IPMOIgan Chase Llank. ~.i\

-:'
I By'
'1'1110 ..
,. '., .:-::'./ ,
, , , ". ;

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I orFICTR'~ CEJ{ "III ICA I f:

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of
EMC "'lOR IGJ\(,E l LC

Thl ~ C.:nltiCJlt: ,., b\.' lIlg dchva :.:u 1(,1 SNR Dellton l JS I .I .P ("5)\; R Denton ) for rcii :m cc

I h~n.:on by SNR Denton III rendering Jl!- OP lOl\lI1 klll..'1 to \\IIII.. h Ihl~ Certific ate I~ anne~cd ([h~
. Opin 1011 l clter""), rht.' tl nd cr!>i gn~d unJ l: r~t,Ulds. ~ckl1 o ..... lcdgt:!I dIlt.1 d!!on.:"':!1 lildt tIle fact:-. ~t: ( forth
the Opmiol1 I.('licr and tlll~ Ccrtlficat~ dre bClIlg relied upon b) ~NR Demon ill renderlllg the OO!lllon
In

LCltl!f and by each addressee thereof and ot h'.:r p.lrtlC!<I1 0 th e l1an~dcti on~ to \..'hich tht! Opinion Le:lta

I relates In the consummation of those trJ n Sd Ctloll~ Cdpnal,,:ed terms not ddin\.'J herein have rhe
meanings as~" gncd to them III the. 0plJllOn Lt' lIr Tand the Agreements Id entllied in Schedule 2 (the
"Agreements") CO the Opinion Lette r. '( he undersigned hl.:n: b) H,;prc~cnt$ . \\arrants. covenants and
certific .... after reasonable InvestigatIon and re\,IeW and ("ollslIltalion it!> applOprmtc \\ nh ItS at:orncys•

I .1::, follows'

rhc ulldt:r~ign~d I.... H du ly dcctcd o fficer of EMC Mongagc 1.1 C (lhe "Comp.my")

I 2 III 2009. the Com pall) del ive red reqm.''\ts lor consent to I.'..lch 01 lIiI.! p,lnll:" (the
"Rl'LlllIfl'" Partie''; ') rl.:quln:d under IhL' rl'I!Hl'J SL'(tJOrl 01 thl: n..'lalcd Agr.... l·mclll Identtfil'd In Schcdult.!
1. to the OpinIOn Lettt'r n:q uc ':>t lng that ~lIch Keqwrt:'d Pany c.-o nsen! ( Consent ') to the tran<., It:J 01 the

I (. om pd ny ... ..;en Iring. oh hgall clIN ( '",eh tfdn"fer, Ih~' SL'rVIClng. r ran~ rcr ') 10 IP\1organ l h;I'\C' Ha nk
I'\allon:11 A~<;Ol'lmlon und er c.lCh .. \I(h Agrt.!C'menl "\Je h C'<Ul<.,ent" h.\\'c het"1l Tc."cel \cd hy the COlllr.Ul~
frolll each ReqUired Parry

I 3 In 2010, the Compnll) dI'IIH..'led llotllicrH lons lthr' NOlllicatlOlls") to ('u",'il o! the
ReqUIred PanIcs ~t,lIing Ihut tht: Servlcmg Trull~lt! r WJ!> rescheduled to O\.:cur on DL~ccmhcl 3 I 2010
dnel nOfl(vJIIg Ihe ReqUlrl'd Panl"::' ,jMt Ihe ('omp.IIl)o \Va:- Inlcndlllg to rely on the C i,,ln ~Jlts proVIded

I by the R~qU1rcd Pdnl e~ \\ IIh r e~pc ll It)

Compdny T~CCI\cd.t1l oblt:l:tiLJII (<Ill OUJCt.tlllll") lrum


2010
tht: St:f\IJ(,JIlg 1ramleT on Dcccmo("r 31 2010
:.lIl)'
ull l e..,~ the
uf ,lI..: Rt'4Ull~d PJnl":~ by NOVCllltJCI 30 ,

I -I
th\.' ReqUIred J'm1 1\'"
I he Comp<ll1: ICLc!ved lklr\'cr~ l onlirm.1I 101l that (,deh Notrlh.H llOlI Wlb l~cC:I\ t!d b~

I 5, A . . o! the ddte here-uL the Company ha~ not rc('cl . . . ..:d <my ObJ c.!'l-tlO!1 frolll (he
ReqUIred Pdnlc!. wIth rc.!'spcci to the Servicing, rransfcr.

6 All of the J{..;quircd Panics WIll be Ilortticd thal lhe ServIc ing rTans fer has occurred

I on or about Arnl I. 20 11

7 On or pncH to the dJl~ hereof ~I! docum ent:; <lI1d other dI!lIVl!lablc~ r\!qulred under
'l-tC r(,latcd h,grcclllC"tlt hzt\'c bc·.:: n dL'!tvcrl'd 10 thl! appllL abk' ~C!PI(,!tH<". I11duJmg all Rt'qlPrcd PartIe:.

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I I~ WI fNESS \VHCHLOF. Ihl .. omCcr'~ Ccrtlfic:lIc h~ls been duly c:\ccUlcd and delivered as
oflh~ I Sld,lyol I\pnl.2011
I l-.MC VlOR'I CAGE I.I.C

.! '_,~____,_..____,_______'. _
I Ilv
"ame' Robert Blanken;hip
Tltk' VIce Prc.;;aicnt

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I 'lJe[aware PAGE 1

I 'Tfie :First State


I
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF

I DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT

COpy OF THE CERTIFICATE OF MERGER, WHICH MERGES:

I "CHASE HOME FINANCE LLC", A DELAWARE LIMITED LIABILITY

COMPANY,

I WITH AND INTO "JPMORGAN CHASE BANK, NATIONAL ASSOCIATION"

UNDER THE NAME OF "JPMORGAN CHASE BANK, NATIONAL ASSOCIATION", A


I CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE COUNTRY

OF UNITED STATES, AS RECEIVED AND FILED IN THIS OFFICE THE


I TWENTY-SEVENTH DAY OF APRIL, A.D. 2011, AT 6:04 O'CLOCK P M.

I AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF

THE AFORESAID CERTIFICATE OF MERGER IS THE FIRST DAY OF MAY,

I A.D. 2011, AT 12-02 O'CLOCK A.M.

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I 4974675

DATE: 04-28-11
You n:ay ver~fy C1U5 C9IC~fl.Cdt9 onll.ne

I ~c corp delaware gov/authvor shtml

I
I
St.4te of Del~W4re

I Secretary of State
Div~sion of Cozpo.rations
Delivered 06.03 PM 04/27/2011
FILeD 06:04 PM 04/27/2011
SRV 110463889 - 3881786 FILE

I STATE OF DELAWARE CERTIFICATE OF MERGER OF


CIIASE 1I0ME HNANCE LLC

I (:I Ucla", are L.IDICCtJ LI~blltly Cumpany)


WITH AND I!'ITO
JPMORGA"I CIIASE BA!~K, NATlO!\AL A~S(JClA no,'\;

I (a national banking "ssodation urg.nlfcd under the la"s of the United St.tes of AII.erica)

Pursuant 10 Tille 6. Sectl(ln 18-209 (lJ'the Del,,,,"re 1.,mlled LIl.bJillY ACI anJ pu,, ""n ( (0
I the I"" of Ihe Unilcd States of Amenca. Ihe underSIgned nallonal as,ocwllon .'<cute' Ihe
liJ! !OV.lllg Ccrti licat. of /Viol ger

I FIRST The name ufthe 'UrYlVI lIg elltity IS JPMorgan Chose Bank. NulIUI,.!
A ssoetatlon. 2 nallonal ban"mg as 'OctaUOH organilcd and e",l mg under the laws of the United
States of Amen.a. and (he name of the I,mlled Itablhty compan) being merged Into the surviVing

I cnlllY is Chase Home Finance LLC , a Delaware lim.ted liab.lity company

SECOND The Plan and Agreemcnt of Merger hds been a pproved. adop lcd ccnif1cd

I executed and acknowledged by each of the I...Ollstituent entitles

-rHIRD. Tht name ollh" SU[\"'IlIg <HlIl}.s JP:Vj org.m Cha,,, Bank . N.l l.olldl
<1 natIOna l bunkmg us:,oci.:itlOn orgunJD.:d and t:xl.\ting um.Jer the l.:i\-\':-' 01 lh\': UlJltcd
A))oc.;lallUIl.
I State .. of -\mcricu

FOURTH ' The Chaner of JPMorgan Chase lboh . Na llOoa l ""oci.lt loo shall eonllOue

I to be.: the Chllrlt'f urth e '-'ur\,\\,lllg elltlt)'

FIFTH Thl~ m erb!cr IS 10 b~ c omc cffc:cl'''e /11 1202 ,\ M nn 1\\.1), 1. 20 11

I SIX'III fhe Plan and Agreemenl of Merger" on lile al 194 \\'0,,<1 A venue Soulh.
J!>C IIIl New J(·rsl.!'j OX8 :)O, a place of hU\IIlI!S';; of the ",urv\vlng C'ntlt)'

I SFVri\TH A copy of lhc I'lan and I\ grcemclll of ,\Jerger "'il l be Iurn»bed by .hc
survJvl!lg entll;., lJpOn reyllc~t and Without cost. to an) member of an~ domestic limited ilabllllY
compan) or Jll'y person holdmg an mtert.:st IIJ an)-' othc:r buslll4!~~ entit y \\I1lch tS 10 merge: o!

I consoilCJatc

E1GItTH JPMorgan Ch"e !:Ian!.., /\Jallonal As;o<l al'Qn.lhe ,urv.vmg cnllty "l(rtt;

I thJt It may bl: ~eT\'cd \\Jth process HI the State of Dcld.w.uc.! 111 any (',(lIOn. suJt or proct'cdmg for
the enfl)(ct."meOi of any ohhgalloll of any domeQl1c limited lIablluy company whIch IS to merge
or consollda1e. irrevocably appointing the Dela\\are Secretary ufSt <.l tl.! d:' Its ..tgc:m to accep t

I "crvlce of prot;ess In any such aClJon. suit or proceed mg. and )peclIi~\i [hat a ... opy of "uch
process shall be m,"lcd b) the Secr':l~r) oi'St31C <0 Ihe survl\ing cnut) 31 19,1 W(J()J AV"nue
South. 2,J fin",. [5elm. New JerlC) 08~}()

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I IN WITNESS WHEREOF. said survIVIng <!llIty hdS cau, eu thIS comHcatc
1h
by an authorized officer thlS 27 day of Apr; I. 2011 .
to be SlgJ1Cd

I JI'MOIWAN CHAS E BAi'<K . NA IIONAL A ~~OCIA [ ION

I
Lauren V Harn::,. V1C t:' PI cSJdent
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Morgan. lewIs & Bockius llP
i..~iOR COURT OF NJ
502 Carnegie Center
vU,
Morgan Lewis
Pnnceton. NJ 08540
Tel 609.9t96600 REGD COUNSELORS AT LAW

Fax. 609.9196701 A Pennsylvania limited uablhty Partnership


www.morganlewls.com JUL 282011 RANOALL B SUNBERG
Partner-tn-Charge

Christopher C. Loeber
6099196072
cloeber@MorganLewls com

July 28, 2011


Civil Practice Division

VIA HAND DELIVERY JUL 2820\\


Kevm Wolfe RECEIVED
Supenor Court of New Jersey
RIchard J. Hughes Justice Complex
25 West Market Street
6th Floor, North
Trenton, NJ 08625

Re: In the Matter of ResidentIal Mortgage Foreclosure Pleadings and Document IrregulantIes
Docket No F-059553-IO

Dear Mr Wolfe. -_.


In conjunctIon wIth JPMorgan Chase Bank N.A. 's and Chase Home Fmance LLC's ("Chase's")
Pnma FacIe ShoWIng, submitted to the Clerk's Office on Apnl 7, 20 II , enclosed please find the
Affidavit of Chris CollIns and exhIbIts thereto

Kmdly file a set and return stamped copies to our messenger.

Thank you.

Very trul y yours,

~
Christopher C. Loeber
encs.

cc: Hon. Richard WIlliams (w/encs)


Edward J. Dauber, Esq. (w/encs)

Princeton Philadelphia WashlllQlon New YOlk los Angeles San Francisco Miami Pittsburgh Chicago Mmneapohs
Palo Alto Dallas Houston Harrisburg Irvine Boslon london Pans Brussels Frankfurt Beijing Tokyo

D821 2258 1844 I


Search 9( 5 are prior hits ) results (0.19 seconds)

Zarro Inference AFFIDAVIT OF CHRIS COLLINS ON BEHALF OF JPMORGAN CHASE BANK, N.A.
[PDF] 1 SUPERIOR COURT OF NEW JERSEY
www.judiciary.state.nj.us/superior/cert_jp_morgan.pdf
File Format: PDF/Adobe Acrobat - Quick View
I have read the affidavits of Michael Zarro dated January 5, 201 I and April ... and Chase
described in Paragraphs 9 and 30 of the April 7, 201 l Zarro affidavit. 15

______________________________________

Zarro Inference MEMORANDUM OF RESPONDENTS JPMORGAN CHASE BANK, N.A. AND CHASE HOME FINANCE LLC IN RESPONSE TO ORDER TO SHOW
CAUSE _ January 5, 2011
[PDF] BPICLO
www.judiciary.state.nj.us/.../January%205, ...
File Format: PDF/Adobe Acrobat - Quick View
Jan 5, 2011 – I The facts set forth in this memorandum are supported by the Affidavit of
Michael Zarro, Senior Vice. President in charge of Default Specialty ...

______________________________________

[PDF] EEIVED
xwww.judiciary.state.nj.us/.../JPMorgan%20Chase%20Response.pdf
File Format: PDF/Adobe Acrobat - Quick View
l The facts set forth in this memorandum are supported by the Affidavit of Michael Zarro,
Senior Vice. President in charge of Default Specialty Operations of J ...

______________________________________

Zarro Inference REPORT OF THE SPECIAL MASTER CONCERNING JPMORGAN CHASE BANK AND CHASE HOME FINANCE
[PDF] August 15, 2011 Report of the Special Master - New Jersey Courts
www.judiciary.state.nj.us/superior/report_jp_morgan.pdf
File Format: PDF/Adobe Acrobat - Quick View
Aug 15, 2011 – LLC was accompanied by the affidavit of Michael R Zarro, Senior
Vice... Nineteen exhibits accompanied Mr. Zarro's affidavit, which included: ...

______________________________________

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