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Date: 12-13-2014

Case Style: JP Morgan Chase Bank, N.A. v. Mary A. Alexander Mohler, Kendall Lew Mohler, First Mortgage Corp. and Holland Point Homeowners Association, Inc.

Case Number: CJ-2010-6298

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Mack Greever, Alex Hammack and Heather Hintz

Defendant's Attorney: Paul Catalano for Mary A. Alexander, et al.

Terry Simonson for Holland Point Homeowners Association, Inc.

Description: JP Morgan Chase Bank, N.A. sued Mary A. Alexander Mohler, Kendall Lew Mohler, First Mortgage Corp. and Holland Point Homeowners Association, Inc. on a breach of contract and foreclosure theories.

Mary A. Alexander Mohler counterclaimed on breach of contract and emotion distress theories.

Plaintiff's Motion for Summary Judgment stated, in part, as follows:
* * *
1. On or about January 27, 1994, the Mohlers, for good and valuable consideration, made, executed and delivered to First Mortgage Corp. a certain Promissory Note (“Note”), in the original principal amount of $203,150.00, with interest thereon at the rate of 8.5% per annum on the unpaid balance, payable in consecutive monthly installments commencing on March 1, 1994, to be applied first to the interest on the unpaid balance and the remainder to the principal until said debt is paid in full. Affidavit ¶4. A true and correct copy of said Note is attached to the Mirzoyan Affidavit as Exhibit “A.” M. Mohler’s Answer, ¶1; Request for Admission No. 1, deemed admitted by Court Order dated May 3, 2013 (“May 3rd Order”) (see Exhibit 1 hereto).
2. On or about January 27, 1994, as part and parcel of the loan transaction described in Paragraph 1 above, and for the purpose of securing payment of the indebtedness evidenced by the Note, the Mohlers made, executed and delivered to First Mortgage Corp. a real estate mortgage (“Mortgage”) covering the real property more particularly described as follows:
Lot Fourteen (14), Block Three (3), HOLLAND POINTE, an Addition to the City of Tulsa in the S/2 of the SE/4 of Section 10, Township 18 North, Range 13 East, Tulsa County, State of Oklahoma, according to the Recorded Plat No. 4275, which has the address of 7947 South Hudson Place, Tulsa, Oklahoma 74136 (“Real Property”).
The Mortgage was duly recorded in the Office of the County Clerk of Tulsa County, State of Oklahoma on February 4, 1994, Document No. 94D14218, in Book 5592, at Pages 230-235, after the required mortgage tax was paid. Affidavit ¶5. A true and correct copy of the Mortgage is attached to the Mirzoyan Affidavit as Exhibit “B.” M. Mohler’s Answer, ¶f2, 3; Request for Admission No. 2, deemed admitted by May 3fl Order.
3. The Note bears a blank indorsement “without recourse” by the original named lender, First Mortgage Corp. The indorsement appears on the reverse side of the second page of the original Note. A true and correct copy of the original Note was attached to Chase’s Petition as Exhibit 1 thereto at the time the Petition was filed commencing this case. Chase has been in possession of the original indorsed Note since prior to the commencement of this action. Mirzoyan Affidavit ¶6 and Exhibit “A” thereto.
4. The Mortgage was assigned by Deposit Guaranty Mortgage Services, Successor with Interest to First American National Bank (First Mortgage Corp.) to Fleet Mortgage Corp. by Assignment recorded in the Office of the County Clerk of Tulsa County at Book 6493, Page 1051, Document #01028695. Exhibit 4.
5. On or about June 1, 2001, Fleet Mortgage Corp. merged into Washington Mutual Home Loans, Inc., a wholly owned subsidiary of Washington Mutual Bank, FA, which changed its name to Washington Mutual Bank. Certificate of Merger filed with the Secretary of State of the State of Ohio on June 1, 2001, Exhibit 5; Screen shot from Federal Deposit Insurance Corporation website Exhibit 6.2
6. On or about September 25, 2008, Washington Mutual Bank was closed by the Office of Thrift Supervision, and the Federal Deposit Insurance Corporation was named Receiver. By a Purchase and Assumption Agreement dated September 25, 2008, Chase acquired all loans of Washington Mutual Bank. Exhibit 6.
7. The Note provides that in the event of default, the Note holder may send a written notice telling borrower(s) that if the overdue amount is not paid by a certain date, the Note holder may require immediate payment of the full amount of principal which has not been paid and all the interest owed on that amount; and in that event, the Note holder has the right to be paid back all of its costs and expenses in enforcing the Note to the extent not prohibited by applicable law, including a reasonable attorney’s fee. Mirzoyan Affidavit, ¶7 and Exhibit “A” thereto.
8. Default has been made upon the Note and Mortgage in that the payment due on March 1, 2009, and subsequent payments, has not been paid. Mirzoyan Affidavit ¶8; Request for Admission No. 3, deemed admitted by May 3rd Order.
9. Chase notified the Mohiers on or about August 11, 2010, that they were in breach of the Mortgage by failing to make the required payments, and that failure to cure the breach
would result in acceleration of the entire balance due under the Mortgage and probable foreclosure Mirzoyan Affidavit ¶9; Request for Admission No. 4, deemed admitted by May 3’’ Order.
10. By the terms of the Note, Chase is entitled to and has elected to declare the full amount of principal, interest and all other sums due and payable. After allowing all just credits, there remains due and owing to Chase on the Note and Mortgage the principal amount of $146,691.26, together with interest thereon in the sum of $43,754.15 as of September 2, 2013; interest accruing thereafter at the rate of $ 26.12 per diem, to the date of judgment; escrow advances in the amount of $22,706.50 and accruing; late and non-sufficient funds charges in the amount of $663.60 and accruing; corporate advances in the amount of $1,144.81 and accruing; preservation costs, accrued and accruing; and all other expenses, fees, charges, advances, taxes, assessments, and costs of this action; all as provided for in said Note and Mortgage. Laudenslager Affidavit ¶3; Request for Admission No. 8, deemed admitted by May 3” Order.
11. The Note has not been reinstated. Request for Admission No. 5, deemed admitted by May 3rd Order.
12. The Note has not been paid off. Mirzoyan Affidavit ¶10; Request for Admission No. 6, deemed admitted by May 3” Order.
13. The Note has not been extended, renewed, or modified. Mirzoyan Affidavit ¶11.
14. No arrangements have been made with Chase to delay the entry of judgment in this action. Mirzoyan Affidavit ¶12; Request for Admission No. 7, deemed admitted by May 3rd Order.
15. Chase sent a joint letter to the Mohlers dated March 30, 2009, enclosing an unexecuted Loan Workout Plan. Mirzoyan Affidavit ¶13 and Exhibit “C” thereto.
16. Chase never received any Loan Workout Plan document signed by K. Mohier.
Mirzoyan Affidavit ¶14.
• 17. Chase never executed any Loan Workout Plan document pertaining to the
Mohlers’ Loan. Mirzoyan Affidavit ¶15.
18. M. Mohler filed for Chapter 7 bankruptcy on July 31, 2009, and was discharged on November 11, 2009. M. Mohler stated in her bankruptcy schedules that there was no contingent or unliquidated claims. In Re Mohier, Case No. 09-12347-M, United States Bankruptcy Court, Northern District of Oklahoma; Schedule B attached hereto as Exhibit 7.
19. Chase sent a joint letter to the Mohlers dated February 3, 2010 enclosing an unexecuted proposed Home Affordable Modification Agreement (“Proposed Modification Agreement”). Mirzoyan Affidavit ¶16 and Exhibit “D” thereto.
20. Chase never received the Proposed Modification Agreement signed by K. Mohler. Mirzoyan Affidavit ¶17.
21. The Proposed Modification Agreement was never signed by a Chase representative. Mirzoyan Affidavit ¶18.
22. Chase sent a joint letter to the Mohlers dated February 18, 2010, advising that the documents for the loan modification were not completed correctly. Mirzoyan Affidavit ¶19 and Exhibit “E” thereto.
23. Chase did not execute any written modification agreement pertaining to the Mohiers’ loan. Mirzoyan Affidavit ¶20.
* * *

Outcome: 12-12-2014 DISPDWOP 1 MOHLER, KENDALL LEWIS 92247578 Dec 12 2014 2:52:02:937PM - $ 0.00
DISMISSAL WITHOUT PREJUDICE
12-12-2014 DISPDWOP 1 ALEXANDER MOHLER, MARY A 92247915 Dec 12 2014 2:52:02:857PM - $ 0.00
DISMISSAL WITHOUT PREJUDICE
12-12-2014 DISPDWOP 1 FIRST MORTGAGE CORP 92247916 Dec 12 2014 2:52:02:887PM - $ 0.00
DISMISSAL WITHOUT PREJUDICE
12-12-2014 DISPDWOP 1 HOLLAND POINTE HOMEOWNERS ASSOCIATION INC 92247917 Dec 12 2014 2:52:02:917PM - $ 0.00
DISMISSAL WITHOUT PREJUDICE
12-12-2014 DISM - 92248046 Dec 12 2014 2:54:14:167PM - $ 0.00
DEFENDANT'S DISMISSAL OF COUNTERCLAIMS WITH PREJUDICE
Document Available (#1028047926)
12-12-2014 DISPCVDMWP 2 JPMORGAN CHASE BANK NA 92248115 Dec 12 2014 2:55:55:557PM - $ 0.00
DISMISSAL WITH PREJUDICE
12-12-2014 DISPCVDMWP 3 JPMORGAN CHASE BANK NA 92248116 Dec 12 2014 2:55:55:637PM - $ 0.00
DISMISSAL WITH PREJDUCE

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