IN THE STATE OF MICHIGAN 41TH DISTRICT COURT OF SHELBY TWP Philip W.

Ellison
Plaintiff

v. JPMORGAN CHASE BANK NATIONAL ASSOCIATION
Defendant

JPMORGAN CHASE BANK NATIONAL ASSOCIATION
Plaintiff

v. Philip W. Ellison and Occupants
Defendant in error

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Case # Judge

Attorney for Plaintiff Donald King of Trott &Trott P.C. 31440 Northwestern Highway Suite 200 Farmington Hills, Michigan 48334 248-732-6452

Defendant in error Philip W. Ellison 20078 Ballantrae Dr. Macomb, Michigan 48044

COUNTERCLAIM AND ANSWER TO COMPLAINT NOW COMES Philip Ellison Defendant in error, unschooled in law will respond to an apparent complaint filed by Donald King an alleged attorney for JPMorgan Chase Bank a National Association hereinafter Plaintiff and Counterclaim against the plaintiff and their attorney.

Jurisdictional Statement I 1. The jurisdiction of this court is challenged based on the subject matter of the original complaint as it refers to possession of real property valued at $228,500.00 well above the

Since Chase Home Mortgage no longer had Power of Attorney it was not possible to Assign their perceived right to invoke a power of sale clause. On April 10th 2009. General Background 4. there is a MISC filing in the United States District Court. The sheriffs’ deed is dated September 8. Federal Law mandates that a RESPA request must be answered within 30 days.000.$25. I contacted the Chase Home Mortgage with a written RESPA request for information concerning the origination of the loan of $228. 2011 nine months after Chase Home Mortgage’s Power of Attorney was rescinded due to fraud and failure to answer a Qualified Written RESPA request. Jurisdictional Statement II 2. 3. The plaintiff never responded to the request. 6.002 Transfer of action the issue of proper venue and jurisdiction is also challenged as there is an objection to the sheriffs’ deed that is presented in the complaint filed by Donald King. . This is an action for dismissal of complaint and change of venue to the court of proper jurisdiction for the Counter complaint regarding RESPA violations.00. 7.00 designated for district court. Furthermore. I Philip Wesley Ellison tendered a negotiable instrument to a representative of Chase Home Mortgage LLC and was led to believe that it was of no value and consequently signed a security interest to my property. Pursuant to MCR 4.500. Eastern District of Michigan memorializing the agreement to the terms. Statement of Fact 5. I began investigating the origination of the (loan) and the mortgage documents I signed after learning of rampant mortgage fraud nationwide.

shall also be published in the newspaper in which the original notice was published. The plaintiff refused to respond to a second request for information and consequently defaulted on the written RESPA request. 10. 9.3220 states the following: [Such sale may be adjourned from time to time. appended to the original notice of sale. I am in possession of a default agreement with Chase Home Mortgage that was witnessed by an officer of the Secretary of State of the state of Michigan. As a result of the default the plaintiff agreed to forfeit its Power of Attorney and since I was the grantor of the Power of Attorney I rescinded it as agreed. . Defendant attended the sale on the date published and discovered that the sale had been adjourned for an undetermined time.M. A notice that was sent to 20078 Ballantrae Dr Macomb. 11. In regards to foreclosure by advertisement the MICHIGAN COMPILED LAWS 600. that the property in question would be sold at a sheriff sale conducted by county sheriff personnel. MI 48044 by plaintiff which was published in the Local legal news media stated that on July 21st at 10:00 A. 13. Defendant received verbal notice from the Macomb County Representative that an adjournment was requested by plaintiff through its Authorized Representative. No oral announcement of any adjournment shall be necessary]. by the sheriff or other officer or person appointed to make such sale at the request of the party in whose name the notice of sale is published by posting a notice of such adjournment before or at the time of and at the place where said sale is to be made. 12. the first publication to be within 10 days of the date from which the sale was adjourned and thereafter once in each full secular week during the time for which such sale shall be adjourned.8. the notice thereof. and if any adjournment be for more than 1 week at one time. The plaintiff has sent documentation which states that the sheriff sale was conducted on above mentioned date which is a misrepresentation of what actually happened.

422. Documents have been signed and dated by officers of the State of Michigan and Macomb County that say the sale occurred on July 21st 2011 when in fact it did not. and MCL 125. Based on this and the fact that this is not the proper jurisdiction to claim the right to property valued over 25. ANSWER TO COMPLAINT 16. This is in violation of MCL 750. 2011 which is a violation of above mentioned law as there was no publication in any legal newspaper nor were any notice sent to defendant. Defendant has not found any sworn statements from the plaintiff or an officer for the plaintiff. Relief Requested 18.14. 15.000. The Defendant is unaware of any contract between Donald King P 55358 attorney for Trott & Trott and the Plaintiff and I have seen no affidavit from an Officer for the Plaintiff. Since plaintiff included these documents as facts then the statutes mentioned qualifies and is an intentional effort on behalf of the plaintiff and its representatives to defraud the defendant. MCL764. The actual sale was either never conducted or it was conducted in secret on September 8.1447 as these officers swore an oath of office in a court of law. As I understand.116 (C)(8) Failure to state a claim on which relief can be granted. Wherefore this court find with the Michigan Court Rules that the proper jurisdiction for the Counter Complaint is the Circuit Court and the plaintiff’s complaint is deficient without an . it is necessary for a complaint to have an injured party and a sworn statement to what the injury is.00 I respectfully request the plaintiffs complaint be dismissed pursuant to MCR 2.1e. Without knowledge of who is making the complaint against me it is not possible to truthfully answer the complaint. 17.

Affidavit from an officer of the plaintiff the complaint shall be dismissed in its present form with prejudice. all rights reserved . ____________________________ Philip W. Ellison. Counter Plaintiff reserves the right to amend the Counter complaint Respectfully. 19.

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