Paatalo v. J.P. Morgan Chase Bank et al

Response to Concise Statement of Material Facts regarding Motion for Summary Judgment 22 .

D. Or.April 18, 2016

DWT 29296477v2 0036234-000408 Page 1 –RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main  (503) 778-5299 fax KEVIN H. KONO, OSB #023528 kevinkono@dwt.com KALEY L. FENDALL, OSB # 093509 kaleyfendall@dwt.com DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 Telephone: (503) 241-2300 Facsimile: (503) 778-5299 FREDERICK B. BURNSIDE, OSB #096617 fredburnside@dwt.com DAVIS WRIGHT TREMAINE LLP 1201 Third Avenue, Suite 2200 Seattle, WA 98101 Telephone: (206) 757-8016 Facsimile: (206) 757-7016 Attorneys for JPMorgan Chase Bank NA IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON AT EUGENE WILLIAM J. PAATALO, PLAINTIFF, v. WASHINGTON MUTUAL BANK, F.A. JPMORGAN CHASE BANK NA, DEFENDANTS. Case No. 15-cv-01420-AA DEFENDANT’S RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS In connection with his motion for summary judgment, Plaintiff filed a “Statement of Uncontroverted Facts.” Dkt. No. 22-2. Such a statement is no longer a part of the summary Case 6:15-cv-01420-AA Document 26 Filed 04/18/16 Page 1 of 4 DWT 29296477v2 0036234-000408 Page 2 –RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main  (503) 778-5299 fax judgment process, unless ordered by the Court. LR 56-1. The Court has entered no such order. Moreover, little discovery has occurred in this matter, and Plaintiff’s “Statement of Uncontroverted Facts” is supported only by Plaintiff’s own affidavit. Accordingly, the Court should disregard Plaintiff’s “Statement of Uncontroverted Facts.” To avoid any claim of waiver, however, defendant JPMorgan Chase Bank, N.A. (“Chase”) hereby submits the following response to plaintiff’s Statement of Uncontroverted Facts: 1. Chase denies that at all times 400 East 3rd Street, Yachats, OR 97498 (“Property”) was Plaintiff’s primary residence. Chase otherwise accepts Paragraph 1. 2. Chase accepts that in or about September 2007, Washington Mutual Bank, F.A. (“WaMu”) agreed to increase Plaintiff’s then-existing equity line of credit, Loan No. XXXXXX3220, by approximately $45,000.00. Chase otherwise denies Paragraph 2. 3. Chase accepts that after the equity line of credit was increased in or about September 2007, Plaintiff raised certain disputes with WaMu and that at least some of those disputes related to application of payments and to credit reporting. Chase otherwise denies Paragraph 3. 4. Chase denies Paragraph 4. 5. Chase denies Paragraph 5. 6. Chase denies Paragraph 6. 7. Chase denies Paragraph 7. 8. Chase denies Paragraph 8. 9. Chase accepts that Plaintiff filed a lawsuit against WaMu and others in the United States District Court for the District of Oregon in or about July 15, 2008, as Case No. 6:08-cv- 06216-AA. Chase otherwise denies Paragraph 9. 10. Chase accepts that on September 25, 2008, the Federal Deposit Insurance Corporation (“FDIC”) was appointed the Receiver for WaMu, and that under Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1811, et. Case 6:15-cv-01420-AA Document 26 Filed 04/18/16 Page 2 of 4 DWT 29296477v2 0036234-000408 Page 3 –RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main  (503) 778-5299 fax seq., all claims Plaintiff had against WaMu had to be brought against the FDIC. Chase otherwise denies Paragraph 10. 11. Chase denies Paragraph 11. 12. Chase accepts that a “Notice of Default and Election to Sell” was recorded in Lincoln County, Oregon as Document Number 2009-03840. That document speaks for itself. Chase otherwise denies Paragraph 12. 13. Chase accepts that documents, including a “Notice of Foreclosure” and “Trustee’s Notice of Sale,” were recorded in Lincoln County, Oregon as Document Number 2009-08941. Those documents speak for themselves. Chase otherwise denies Paragraph 13. 14. Chase accepts that a Trustee’s Deed dated August 20, 2009 and recorded in Lincoln County, Oregon as Document Number 2009-09840 issued to Chase. That document speaks for itself. Chase otherwise denies Paragraph 14. 15. Chase accepts that Chase filed a unlawful detainer action against Plaintiff on or about October 14, 2010 in the Circuit Court for the State of Oregon in the Lincoln County as Case No. 103837 and that Plaintiff filed counterclaims in that action. Chase accepts that Plaintiff recorded a “Notice of Lis Pendens” on February 14, 2011 in Lincoln County, Oregon as Document Number 2011-01633. That document speaks for itself. Chase otherwise denies Paragraph 15. 16. Chase denies Paragraph 16. 17. Chase accepts that it sold the Property on or about July 12, 2011 for $285,000.00 and that Plaintiff had not recorded a Release of Lis Pendens as of that time. Chase otherwise denies Paragraph 17. 18. Chase accepts that Plaintiff sent a letter dated April, 21 2015 purporting to “memorialize” an alleged prior rescission. That letter speaks for itself. Chase otherwise denies Paragraph 18. Case 6:15-cv-01420-AA Document 26 Filed 04/18/16 Page 3 of 4 DWT 29296477v2 0036234-000408 Page 4 –RESPONSE TO PLAINTIFF’S STATEMENT OF UNCONTROVERTED FACTS DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main  (503) 778-5299 fax 19. Chase accepts that the Lis Pendens “remains on the title to the Property” insofar as, to Chase’s knowledge, Plaintiff has not recorded a Release of Lis Pendens. Chase accepts that it did not send Plaintiff a direct response to Plaintiff’s April 21, 2015 letter purporting to “memorialize” an alleged prior rescission. Chase otherwise denies Paragraph 19. Chase does not set forth herein a Statement of Additional Facts because no such statement is required. Relevant additional facts are set forth in Chase’s Opposition to Plaintiff’s Motion for Summary Judgment and supporting declarations. Chase reserves the right to set forth a Statement of Additional Facts should the Court deem such a statement necessary. DATED this 18th day of April, 2016. DAVIS WRIGHT TREMAINE LLP By s/ Kaley L. Fendall Kevin H. Kono, OSB #023528 Kaley L. Fendall, OSB # 093509 Telephone: (503) 241-2300 Facsimile: (503) 778-5299 kevinkono@dwt.com kaleyfendall@dwt.com Frederick B. Burnside, OSB #096617 Telephone: (206) 757-8016 Facsimile: (206) 757-7016 fredburnside@dwt.com Attorneys for JPMorgan Chase Bank, NA Case 6:15-cv-01420-AA Document 26 Filed 04/18/16 Page 4 of 4