Affidavit of Lance Cassino

Cassino v. JPMorgan Chase Bank N.A. (Chase) - 2017CV231 Jefferson County District Court

STATE OF COLORADO, COUNTY OF JEFFERSON

As of October 30, 2017

BEFORE ME, THE UNDERSIGNED AUTHORITY, personally appeared LANCE R. CASSINO,

who deposes and states as follows:

1. My name is LANCE R. CASSINO and I am the Plaintiff in Cassino v. Chase

2017CV231 Jefferson County District Court, Jefferson County, Colorado.

2. I have personal knowledge of the matters set forth in this Affidavit, which I make in

support of planned independent actions to be filed.

3. My primary residence is located at 13883 S. Wamblee Valley Road, Conifer, Colorado

8043 Jefferson County, and has been referred to as the Property in my Complaint/s.

4. I originally took out a mortgage loan September 26, 2005, in the form of a Fixed Rate

Note (hereafter the Note) and Deed of Trust (hereafter DOT) with Community Mortgage

Group, Inc. (hereafter CMG). CMG closed its doors a couple of months later in 2005 - 2006.

5. I later fully learned, in 2014 or so, through my own discovery and investigation, that

there was fraud at the closing, concealment, securitization of the loan/note/deed of trust was not

disclosed, and that the actual lender was an entity known as Regional Funding GA, and not CCB

thus non consummation of the loan. This information was confirmed to me in writing by the title

company which was involved with the loan transaction and gave me a copy of the wire transfer

funding my loan, which will be produced in discovery.

6. After Chase turned me down on 3 HAMP or HARP loan modification requests in 2009-

2010 due to changes in employment and health, I retained Mitchell J. Stein & Associates in

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California on December 20, 2010 as part of a Mass Joinder Lawsuit against Chase demanding

either a fair loan modification - if Chase was true holder in due course of the note and deed of trust

- and if not true holder in due course of the note and deed - then a Quiet Title to remove cloud on

title for a marketable title.

7. On January 15, 2011 when I attempted to pay my next monthly payment from last loan

modification agreement with Chase, Chase refused accepting the payment despite escalation to

management, resulting in an unlawful forced default that was finalized with Chase filing a false

and fraudulent Notice of Election and Default in the Jefferson County land records March 17, 2011

by attorney Lisa Cancannon of Aronowitz and Mecklenburg, LLP. This is a felony filing a false

instrument in the land records - Colorado Revised Statutes Title 18 Criminal Code 18-5-114

Offering a false instrument for recording.

8. Chase refusing to accept my tender was deliberate retaliation for my joining Mitchell J.

Stein & Associates Mass Joinder Lawsuit against Chase demanding either a fair loan modification

or quite title to make an example to millions of Chase customers to NOT JOIN MASS

JOINDERS AND THE SAME TIME CHASE AND 5 OTHER MAJOR BANKS OF JOINDERS

PLUS CA AG TOOK LEGAL ACTION TO SHUT STEIN DOWN.

9. On September 28, 2011 Chase filed a false forged fraudulent Corporate Assignment of

Deed of Trust (more than 6 months after filing false and fraudulent Notice of Election and Default

March 17, 2011 where Chase lied to the court and world that Chase was Party Entitled To Enforce

= PETE their planned foreclosure). The false forged fraudulent Corporate Assignment of Deed

of Trust was a self-assignment by MERS to Chase. This too is another felony - filing a false

instrument in the land records - Colorado Revised Statutes Title 18 Criminal Code 18-5-114

Offering a false instrument for recording.

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 10. On November 16, 2011 Chase filed for a complaint for judicial foreclosure in Jefferson

County District Court to include reforming the deed of trust which only has 5 vacant acres on it to

include the adjoining 5 acres with the home, garage, well and septic system.

11. On January February 2012, through my counsel, I answered the complaint for judicial

foreclosure with counter claims including Quiet Title due to the false forged fraudulent Corporate

Assignment of Deed of Trust self-assignment by MERS/Chase to Chase.

12. From December 22, 2012 or so culminating on March 13, 2013 Chase and I did a

PARTIAL Settlement Agreement through my counsel with both sides dismissing without

prejudice the claims and counterclaims and where Chase paid me $10,000 of my attorneys fees

in exchange for my filing for a 4th loan modification and to work on doing a subdivision with

Jefferson Count to come up with new legals for the home and 10 acres within one year or the

partial settlement agreement was void. The Settlement Agreement was recorded in the land

records by Chase along with a release of their Lis Pendens which was filed when Chase filed

their aborted wrongful foreclosure attempt in 2011.

13. In July 2013 Chase, after 6 months of processing my 4th loan modification application

turned in December 2012, notified me that they turned me down again which my counsel fully

expected.

14. Around February 2014 or so, Chase inquired on status of the subdivision to come up

with new legals for the home and 10 acres. I told them by phone and email that nothing has been

done because my counsel Mr. Navarro and I knew when we signed the PARTIAL Settlement

Agreement March 11, 2013 we knew Chase did not have capacity or interest for standing to enter

into the agreement thus it was null and void ab initio and that I was planning on retaining an

attorney to file a new lawsuit in Jefferson County District Court to Quiet Title.

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 15. Around December 2014 I was informed by attorneys of the 2 law firms representing

Chase - Kutak Rock LLC (Jeremy Peck) and Karsh Fulton Gabler Joseph PC (Fred Gabler) that

they had withdrawn from representing Chase any further.

16. Around January 2015 I contacted a Chase corporate attorney that was involved in my

case to see if Chase would subordinate their false claim of interest on my 5 acres for a small new

loan to subdivide the other 40 acres into four 10 acre buildable home sites to sell one and

restructure my finances after 5 years of legal combat preventing a property loan. Chase turned

down subordinating their false interest causing further personal injury from financial losses.

17. On January 30, 2015 I notified Chase in a TILA rescission letter by USPS certified

mail that I rescinded my loan due to recently discovered fraud and required non-disclosures at

closing around September 26, 2005 which in the alternative could be no consummation of loan.

This was 2 weeks or so after the Jesinoski v. Countrywide Home Loans, Inc., 574 U.S., a

unanimous (9-0) United States Supreme Court case in which the Court held that the Truth in

Lending Act does not require borrowers to file a lawsuit By operation of TILA law the

loan/note/deed of trust are null and void and Chase lost all interest because it failed to abide by

TILA law requirements and did not file a lawsuit within 20 days to vacate or reverse the rescission.

18. On May 3. 2016 I mailed an offer to Jamie Dimon President of JPMorgan Chase, to

settle our stalemate by paying $10,000 for a quiet title in effect.

19. On July 7, 2016 Chase had attorney Cynthia Lowery-Graber of Bryan Cave LLC law

firm, mailed my attorney of record at the time Jordan Porter, a letter rejecting my settlement offer

letter for $10,000 dated May 3, 2016 sent to Jamie Dimon, President of JPMorgan Chase, and

threating further legal action over their illegal PARTIAL Settlement Agreement.

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 20. Before retaining an attorney to begin litigation on the planned law suits , I made one

last effort Monday, June 19th to get Chase to settle this out of court asap by contacting Cynthia

Lowery-Graber of Bryan Cave LLC law firm to discuss by phone several of the emails sent her

the last couple of months for Chase to release the illegal lien on my vacant 5.1 acre parcel, so that

I can complete the sale of .4 acres for $11,600 to my neighbors the Jordans to solve their

encroachment problem and the sale of the remaining 4.7 acre home site for $145,000 to the

McSweeneys by 12/31/2017 after several extensions from first planned closing date of 6/9/2017.

21. On 6/28/2017 I filed a complaint for quiet title under Rule 105 - Cassino v. JPMorgan

Chase Bank N.A. (Chase) - 2017CV231 Jefferson County District Court. On 7/11/2017 I retained

Tim Bulloch to take over my pro se case.

22. Prior to filing the complaint for quiet title, I planned on filing a complaint for damages

first and had contacted several personal injury attorneys to represent me either on a Limited

Representation or Attorney Of Record basis to file a second lawsuit for personal injury though

mortgage malpractice, wrongful fraudulent foreclosure and elderly abuse requesting $6 million in

total damages of all kinds Plaintiffs will include myself, my Mother and my Brother, my 2 adult

children, Marc and Leigh Ann Jordan, John and Rebecca McSweeney and Craig Marks.

. 23. 21. On 9/25/2017 I filed a complaint for personal injury though mortgage malpractice,

wrongful fraudulent foreclosure and elderly abuse - Cassino v. JPMorgan Chase Bank N.A.

(Chase) - 2017CV332 Jefferson County District Court. On 10/3/2017 I voluntary dismissed

2017CV332 per counsel of my attorney Tim Bulloch who knew nothing about this 2nd complaint

as I both wanted to have separate attorneys and to have the expertise of a personal injury attorney

that should better understand litigating personal injury damages.

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FURTHER AFFIANT SAYETH NAUGHT.

________________________________
Lance R. Cassino

STATE OF COLORADO

COUNTY OF JEFFERSON

BEFORE ME, THE UNDERSIGNED AUTHORITY, personally appeared Lance R.

Cassino who, after being duly sworn, executed the foregoing Affidavit in his own hand and

testified, under the penalty of perjury, that the matters in this affidavit are true and correct.

________________________________

Notary Public, State of Colorado

My commission expires:

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