Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 1 of 16

PLAINTIFF’S EXHIBIT 4
 Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 2 of 16

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

S&A CAPITAL PARTNERS, INC.,

MORTGAGE RESOLUTION SERVICING,
LLC; and 1ST FIDELITY LOAN No. 1 :15-cv-00293-LTS-RWL
SERVICING, LLC,
llECLARATION OF
Plaintiffs,
LAURENCE SCHNEIDER
V.

JPMORGAN CHASE BANK, N.A.,

JP MORGAN CHASE & CO., and
CHASE HOME FINANCE LLC,

Defendants.

DECLARATION OF LAURENCE SCHNEIDER

I, Laurence Schenider, state that the following is true:

1. I am an owner and manager of Mortgage Resolution Servicing, LLC ("MRS").

2. As owner and manager of MRS, I am familiar with MRS and the above captioned

lawsuit.

3. As owner and manager of MRS, I am aware of the daily operations of the

business.

4. On or about April 30, 2019, MRS received a call from David Chapman from Near

North Title Company ("NNTC"). Mr. Chapman was instructed by Defendant Chase to call

MRS after he contacted Chase to request a mortgage satisfaction regarding a borrower, Clarence

Swinehart. Mr. Swinehart is attempting to sell his property, and cannot do so without a
 Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 3 of 16

mortgage satisfaction from Chase, which is what Mr. Chapman requested when he called Chase.

5. Upon further inquiry, I learned that Mr. Swinehart's loan was sold to MRS as part

of the Mortgage Loan Purchase Agreement ("MLPA") upon which MRS's claims in this lawsuit

are based.

6. However, Mr. Swinehart has provided MRS with documents that appear to

confirm that he satisfied his loan with Chase on November 30, 2006. See Letters from Chase,

dated August 2, 2007 and August 7, 2007, annexed hereto collectively as Exhibit A.

7. Chase never provided MRS with the documents contained in Exhibit A at any

time since 2009, including through today, despite its claims that it has provided MRS with all

documentation it has on the loans included within the MLPA.

8. Finally, I learned that Chase recorded a Release of Mortgage on December 9,

2013, in order to obtain Government incentives. See Release, annexed as Exhibit B.

9. When Chase realized the Release was not proper, not because Mr.

Swinehart'sloan was satisfied in 2006, but because Chase believed it sold the loan to MRS in

2009, despite never providing any records or executing and filing an assignment, Chase recorded

a Vacation and Recession of Release/Discharge of Mortgage May 28, 2014. See Vacation and

Recession, annexed as Exhibit C.

10. As a result of the above, Plaintiffs' businesses and counsel for Plaintiffs have had

to spend time and money dealing with this problem, a problem Chase created and now refuses to

correct. Instead, Chase told the borrower to call MRS, despite Exhibit A, a letter drafted by

Chase that unequivocally confirms that the lien was satisfied on November 30, 2016.

2
Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 4 of 16

Signed under the pains and penalties of perjury this 9th day of May, 2019.

Laurence Schneider
--

3
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EXHIBIT A
 ------·---. - ----,-

LHH:::.t. HIJ I U t"" 11'1HNLt. HU9 ( LUU(

Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19
1U· .LLI Page 6 of 16

CH AS EO
JPMorgan Ct!aM 8ank
Nalianal ~ , Y G~
P.O.Bo w.BW
A!M"i3f., AZ t!Oll-9505

August2,2007

Re:
Creditor: · JPMorgan Chase 8i11.nk; N.A.

we. appreciate your business as a Chase customer. This letter Is in

response to your recent request regarding
the above-rereranced Chase account.

We hall& '!'.Ant update s to the appropriar~ credl~ reporting agenci

es requesting:

your credit report reflect the ilCCOUnl was seffled in full with a zero
balance, and charge-off 5fatu1

D your credit report reflect removed foreclosure and update to settled

in full With charge off. ·

□ your credit report reflect the account is included in bankruptcy.

□ your credit report reflect the account w~s sold on Sold Date to:
Agency Name

Please note that it ca·n take 60~90 days from the date of your original reques
t for the5e changes EO r@flK'c on your
eredit repon.
·
At Chase our empha sis is providi ng the best custom er service
to our c.ustomers at ;;111 times, We are SQrry to hear
of the service chall,m ges you encountered. You a~ a valued custom
er .-rid your satisfaction Is important to us. If
we can be of ~rthc,r assistance, please call 800--592•9861.
·

y SdlllterJT
Vice P~!dden
National Recovery Group
Chaie Auto Finance.
eoo"592-sao1
Ext383 5

459
 Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 7 of 16

CHA SEO
Chase Home Finance LLC
3415 Vision Drive
Columbus, OH 43219-6009
(800) 548-7912 Customer Care
(800) 582-0542 TDD / Text Telephone

August 7, 2007

Dayton OH 45449

Re:

Shelbyv ille, It{ 46176

Dear

Tlris letter is in respons e to your correspo ndence addresse d to the Office of the Comptr oller of
the Currenc y, dated July 11, 2007, and received in our office on July 25, 2007, about
the
paymen ts for your mortgag e loan.

Thank you for bringing this matter to qur attention. We h:we updated our records to
show your
mortgag e loan was settled in full for $16,000 :oo on Novemb er 30, 2006. Addition ally,
we closed
the accoµnt with Stawiars ki & Associa tes, P.C. as the account balance of$15,8 18.22
is
uncollec tlble.

As you can see from the enclosed letter dated August 2, 2007, Chase requeste d updates
to your
credit report. Until the credit reportin g agencie s complet e the updates of your credit records,
you
may use this letter as verification of the amendm ents.

I apologiz e that we did not meet your expectations. Chase's goal is to provide
the highest level of quality service. If you have addition al question s, you can reach me
.at
(8_88) 310-799 5, extensio n 4233, Mond ay through Friday from 8:00 a.m. to 4:30 p.m.,
1
Eastern
Time.

Sincerel y, ·

7h ,J; ,~ f~
Mikayla Sowers
Executi ve Resolut ion Group

Enclo~µre, • ·

cc: Office of the C~mptr ol~er';fi he Curienc y, C ~ s e -

 I

Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 8 of 16

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Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 9 of 16

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Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 10 of 16
Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 11 of 16

EXHIBIT B
 Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 12 of 16

Recorded Barcode Page Document

Loan No:
Borrower:
Address;
Contract Code: CHAS6
Batch Code: KHR5895955
Loan Amount: $30,000.00

LoanlD - Document ID: recimg

sc_bcidatix

CONFIDENTIAL/ SUBJECT TO PROTECTIVE ORDER JPMC-MRS-LOANFILES-00009369

 -- - - ~ -------------., --- -
(
Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page$12.00
2013008000 MTG RELE 13 of 16'
12/09/2013 04:32:17P 1 PGS
Mar-y Jo Phar-es
SHELBY Counly Recor-der- IN
Recor-ded as Pr-esented
11111111111111111 um 11111111111111rnm11111 m11111111111111111111 J

When Recorded Mail To:

JPMorgan Chase Bank, N.A.
C/O NTC 2100 Alt. 19 North
Palm Harbor, FL 34683

Loan#:-
RELEASE OF MORTGAGE
MORTGAGE ONLY

KNOW ALL MEN BY THESE PRESENTS: That BANKERS TR

CUSTODIAN OR TRUSTEE, the holder of a certain Mortgage executed b
o ADV ANTA NATIONAL BANK, bearing the date of 11/05/1998, recorded in Official Records Book , Page , or
Instrument# 98-10598, of the official records, in the office of the Recorder of SHELBY County, Indiana, hereby authorizes the
Recorder to release th[o~gage of record.

Dated on ___L(Q__;'a2013 (MM/DDNYYY).

BANKERS TRUST COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE, by JPMORGAN CHASE
BANK, N.A. SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, SUCCESSOR BY MERGER WITH
CHASE MANHATTAN MORTGAGE CORPORATION, its Attorney-in-Fact
Whose address is: 780 Kansas Lane, Suite A Monroe, LA 71203

By: UQJA LU-

Deandrea Chapman
VICE PRESIDENT

STATE OF LOUISIANA
PARISH OF OUACHITA
On ----1..D__J~/2013 (MMIDD/YYYY), before me appeared Deandrea Chapman, to me personally known, who did say that
he/she/they is/are the VICE PRESIDENT of JPMORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER TO CHASE HOME
FINANCE LLC, SUCCESSOR BY MERGER WITH CHASE MANHA TIAN MORTGAGE CORPORATION as Attorney-in-Fact
for BANKERS TRUST'COMPANY OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE and that the instrument was signed
on behalf of the corporation (or association), by authority from its board of directors, and that he/she/they acknowledged the
instrument to be the free act and deed of the corporation (or associ ation).

C!5z------
Carolyn B. Mahoney #41493
Notary Public - State of LOUISIANA
Commission expires: LIFETIME

Document Prepared By: E.Lance/NTC, 2100 Alt. 19 North, Palm Harbor, FL 34683 (800)346-9152
CHAS6 22093125 _- PRIME TM5652409 T2313102215 [C-1) SPOINI

Illllll lllll lllll lllll lllll 1111111111111111111 llll Illlllll l l lllll lllllllllllllll lllll lllll lllll llllllllll l l llll
•D0003995646•

CONFIDENTIAL/ SUBJECT TO PROTECTIVE ORDER JPMC-MRS-LOANFILES-00009370

Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 14 of 16

EXHIBIT C
 Case 1:15-cv-00293-LTS-RWL Document 429-4 Filed 09/30/19 Page 15 of 16

Recorded Barcode Page Document

, ..:

..
~:-:~i t;'i"'

:. -~.-~?t .
. ~ '

.'

Loan No:
Borrower:
Address:
Contract Code: CHASS
Batch Code: JHIL6504692
Loan Amount: $30,000.00
• -: j

....
. '

Loan ID:23641624 Document ID: recimg

sc_bcidatix

CONFID ENTIAL/ SUBJECT TO PROTECTIVE ORDER JPMC-MRS-LOANFILES-00009348

 Case 1:15-cv-00293-LTS-RWL
May 28 14 08:59p Name Document 429-4 Filed 09/30/19
765274540 2 Page
p.2 16 of 16

VACATION AND RESCISSION OF

RELEAS E/ DISCHARGE OF MORTGAGE

I. A Mart8ase dated 11/0.5/1998 was made by

NATIONAL BANK w,d recorded in the office or the Coul\ly Recorder of SHELBY County, o ADVANTA
Indiana, in Book . Page, or
lnstrument # 98-10598 up0n the property situa!ed in said State nnd Coun1y as more fully
described in said Mongoge or haei11 to
wic
2. Through inadvertcnoc and llili;takc the imdcrsigncd CJ1ccutcd a Release / Discharge of Mortgage
(hercinaftti- the "Release'') of
said Mort8age, which Release was R6CORDED 12/09/2013 AS DOC#: 2013008000. DATED
1()1'24/2013 in the official records of
sa.id Counly.

3. The undersigned hereby cancels and rescinds the Soliafoetion to lhc same c;)ttalt and effect as though the Satisfaction had never
been issued and ~corded.

Dntedon c,S,--1.k::J ftfl (MMIODIYYYY)

BANKERS TRUST C O ~ OF CALIFORNIA, N.A. AS CUSTODIAN OR TRUSTEE,
by JPMORGAN CHASE
BANK. N.A. SUCCESSOR BY MERGER TO CHASE HOME FINANCE I.LC, SUCCESSO
R BY MERGER WITH
CHASE MANHATT AN MORTGAG E CORl'OAA TION, Us Attomey..l., .Foct

By: -{.
Ingrid Whitty
VICE PRESIDENT

STATE OP LOUISIANA

On A R I ~ ~ ~ (MMIDD/YY YY). before me appeared [ngrid Whitty, to me personally

P known, who did sny 1h01
he/sh ihey i are the CE PRESIDENr of JPMORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER TO CHASE
FINANCE LLC. SUCCESSOR BY MERGER WITH CHASB MANHATIAN MORTGAGE HOME
CORPORATION as Attorney-in-Fact
for B~RS TRUST COMPA.'IY OF CALIFORNIA, NA AS CUSTODIAN OR TRUSTEE
and lhnt the instroment was signed
on behalf of the corporation (or associlllion), by aulhority from itS board of directors,
and thlll he/she/they aclcnowlcdged lhc
instrument to be the free eel and deed of I.be corporation (or assoei11tion).

BRIOGET ;,,. CHUNN

OlJACHrTA PARISH. LOUJSIAN,\
Bridget~ LIFETIME COMMJSSIQN
NOTARY ID# 84479
Notuy Pllblic: • Suite of LOUJSIANA
Commission expires: LIFETIME

Document Prq,11red By: E.Lance/NTC, 21<10 AIL 19 North, Polm Harbor, FL 34683 (800)346-91
52
When ~corded Re111n1 To: JPMorgan Chase Bank, N.A., CJO Nationwide Tille Clearing. Inc.
2100 AIL I9 North, Palm Hnrbor, Fl.
34683
[PPOAJ CHAS6 2364 I624 _- PRIME 1'0914053814 IC-I] RCSlNl

Inm 1ml ffill lffll llDI 1m11ml 1111 l!U Ii 1u1~11mrm111~11m11111,~~11m11m11n~

•D0006126894•

CONFID ENTIAL/ SUBJECT TO PROTECTIVE ORDER JPMC-MRS-LOANFILES-00009349