Tuesday, March 29, 2011

Fired Foreclosure Mill Refuses To Turn Over $400M In Promissory Notes, Mortgages Until Bank Coughs Up $5M+ In Unpaid Legal Fees, Costs: Lawsuit

In Fort Lauderdale, Florida, The Palm Beach Post reports:
  • Chase Home Finance has filed a federal lawsuit against its former legal counsel, Ben-Ezra & Katz, accusing the firm of refusing to hand over foreclosure case files that contain over $400 million worth of original notes and mortgages "without which Chase will be unable to proceed with any of the pending cases."
  • In the 11-page lawsuit filed Friday in federal court in Fort Lauderdale, Chase asked for a temporary restraining order and permanent injunction ordering the firm to return the files and pay Chase an unspecified amount of damages.
  • During its two-year contract with Chase, the law firm handled thousands of foreclosures throughout the state. According to the lawsuit, the contract requires the firm to immediately transfer case filees when the contract ends. Chase has made "repeated demands" for its files but "Ben-Ezra has not returned or released any of the Chase files."
  • "Ben-Ezra refuses to release the Chase Files because it claims that it is owed over $5 million in fees and costs," according to the lawsuit. Although Chase disputes the amount it owes the firm, it has offered to post a $2.8 million bond as security.
  • "Without the Chase files, especially the original executed promissory notes and mortgages, Chase cannot proceed with, transfer, or conclude any of the cases," according to the lawsuit. "Moreover, the original, executed promissory notes and mortgages securing Chase's interests cannot be reproduced."

For more, see Chase demands Ben-Ezra & Katz turn over foreclosure files.