DISTRICT COURT, JEFFERSON COUNTY, CO.

100 Jefferson County Parkway

Golden, Colorado 80401

Plaintiff:

LANCE CASSINO,

v.

Defendants:

J.P.MORGAN CHASE BANK, NATIONAL

ASSOCIATION; CORPORATE OFFICER/AGENT:
PUBLIC TRUSTEE JEFFERSON COUNTY,
COLORADO; COMMUNITY MORTGAGE GROUP,
INC.; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEM, INC.; UNION FEDERAL
BANK OF INDIANNOPLIS; SKY BANK AS
SUCCESSOR IN INTEREST TO UNION FEDERAL
BANK OF INDIANNOPLIS; FIRST NATIONAL
BANK OF TENNESSEE AS SUCCESSOR IN
INTEREST TO SKY BANK; FEDERAL DEPOSIT
INSURANCE CORPORATION; WASHINGTON
MUTUAL BANK AND/OR ITS RECEIVER, AND;
ALL UNKNOWN PERSONS, JOHN AND JANE
DOES WHO MAY CLAIM AN INTEREST IN THE
SUBJECT MATTER OF THIS REAL PROPERTY.

COURT USE ONLY

BULLOCK LAW L.L.C.

By: Tim Bullock, #35238 Case Number: 2017CV231
827 Good Hope Drive
Castle Rock, CO 80108 Division/Courtroom: 7
(p) 888.682.3788
(f) 303.495.2198
Bullocklaw@gmail.com

AMENDED COMPLAINT IN PARTITION AND QUIET TITLE

Edited by Lance Cassino

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 Plaintiff Lance Cassino, through undersigned counsel, claims as follows:

I. JURISDICTION & VENUE

1. Jurisdiction in this Court is proper pursuant to C.R.S. 13-1-124(1)(c).

2. All the real property which is the subject of this matter is located in Jefferson County,
Colorado making venue proper under C.R.C.P. Rule 98.

II. BACKGROUND

3. This is an action to partition, reform legal description and quiet title in real property. It is
a proceeding in rem.

III. THE PARTIES

The Legal Owner

4. Cassino, an individual, is the legal owner of two parcels in Jefferson County more
specifically identified as:

Northeast Quarter Northwest Quarter (NE ) of Section 10, Township 7

South Range 71 West of the 6th Principal Meridian, Jefferson County,
Colorado, [containing approximately 40 acres (Parcel 1 recorded
7/19/99 at Reception No.F0910679)], and;

East Half Southeast Quarter Northwest Quarter Northwest Quarter (E

SE NW NW ) of Section 10, Township 7 South, Range 71 West of
the 6th Principal Meridian, Jefferson County, Colorado, [containing
approximately 5 acres (Parcel 2 recorded 12/16/99 at Reception No.
F0992014)].

5. The parcels abut each other and will collectively be referred to herein as Parcels I & II
or as the Parcels.

6. All improvements including Plaintiffs two story residence, a detached garage and a shed
are located on Parcel I with a street address of: 13883 South Wamblee Valley Road, Conifer
Colorado, 80433.

7. A portion of this land was gifted to Cassino by a family member.

The (putative) Mortgagee

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8. J.P. Morgan Chase, N.A. (hereafter Chase); as an independent financial institution or;
as successor in interest or; as a servicer, and/or; as a trustee on behalf of a Real Estate Mortgage
Investment Conduit (REMIC) trust may wrongfully claim to be a holder, qualified
holder,holder in due course or may assert some other claim or interest in Parcels I or II.

9. Defendants claims, if any, in any capacity are without foundation or right.

The Encroaching Parties

10. In 2012, a minor encroachment from a neighboring property onto Parcel II was
discovered.

11. The encroaching property, 29310 South Sunset Trail, is owned by individuals Mark and
Leigh Ann Jordan.

12. Amongst themselves Cassino, the Jordans and the Jordans contractors, Cedar View
Homes - Leigh Ann and Marc Jordan, reached agreement and settlement to reconfigure the lot
lines to accommodate the Jordans existing structure/encroachment at 29310 South Sunset Trail
subject to approval of the county and the mortgagee (Chase wrongly claims to be the mortgagee
of parcels I & II).

13. As between Cassino and the Jordans, the parties have agreed that Cassino will sell 0.40
acres from Parcel II subject to county approval of the Minor Variation Request. Exhibit 1.

14. The county approved the Minor Variation Request on 3/9/17 (pursuant to 1.P of the
Jefferson County Zoning Resolution) allowing for lot sizes of 5.51 acres (Jordans) and 4.71 acres
(Cassino Parcel II) Exhibit 2.

15. To date, the transaction is unable to consummate because of the putative and false
mortgagee interest claimed by Chase and possibly others.

Purchasing Parties

16. John T. and Rebecca S. McSweeney are parties who entered a contract with Cassino for
purchase of a 4.7 acre portion of the described parcels.

17. This transaction has been unable to proceed because of the putative and false mortgagee
interest claimed by Chase and possibly others.

Mortgage Electronic Registration Systems, Inc.

18. Mortgage Electronic Registration Systems, Inc. (hereafter MERS) is a recording

platform which never owns, nor is assigned, any beneficial interest in any of the properties it
records.

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19. MERS is never a custodian of any promissory note or any other mortgage document of
the properties it records including the parcels that are the subject of this suit.

20. MERS was never given a Power of Attorney on behalf of the true beneficial owner of
these parcels.

21. MERS is a wholly owned subsidiary of MERSCORP Holdings.

22. By knowledge or belief, MERS has previously dis-claimed any beneficial interest
(ownership) in Parcels I & II by virtue of allowing entry of that certain document entitled Clerks
Entry of Default filed in Jefferson District Court Case No. 2011CV4858. Exhibit 3.

23. If MERS claims any interest in Parcels I or II, such claims are without foundation or
right.

Community Mortgage Group, Inc.

24. Community Mortgage Group, Inc. (hereafter CMG) was a financial institution doing
business in Colorado and originated the mortgage on some of the land which is the subject of this
complaint.

25. CMG closed its business in 2005 - 2006.

26. Successors of CMG, the identity of whom is unclear, may claim an interest in Parcels I
& II.

27. CMGs claims and any claims of its successors are without foundation or right.

28. By knowledge or belief, CMG has dis-claimed any beneficial interest (ownership) in
Parcels I & II by virtue of allowing entry of that certain document entitled Clerks Entry of
Default filed in Jefferson District Court Case No. 2011CV4858. Exhibit 3.

29. If CMG claims any interest in Parcels I or II, such claims are without foundation or right.

Washington Mutual Bank, F.A.

30. Washington Mutual Bank, F.A. (hereafter WAMU) was a financial institution doing
business in Colorado and appears to be one of two assignees of the Note on some of the land
which is subject of this suit which is the subject of the original mortgage originated by CMG.

31. WAMU collapsed in 2008.

32. Successors of WAMU and the identities of the beneficial interests it held after its collapse
are unclear.

33. WAMU may claim an interest in Parcels I & II.

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34. WAMUs claims and any claims of its successors are without foundation or right.

Federal Deposit Insurance Corporation

35. The Federal Deposit Insurance Corporation (hereafter FDIC) is a United States
government institution providing insurance to depositors in U.S. banks.

36. The FDIC does business in Colorado and may have some claim on a portion of Parcels I
or II by virtue of insuring depositors of WAMU.

37. Successors of WAMU and the identities of the beneficial interests they hold after its
collapse are unclear.

38. The FDIC may claim an interest in Parcels I & II.

39. If the FDIC claims any interest in Parcels I or II, such claims are without foundation or
right.

Union Federal Bank of Indianapolis

40. Union Federal Bank of Indianapolis (hereafter (UFBI) was a financial institution doing
business in Colorado.

41. By knowledge or belief, UFBI is no longer in business as it merged with successor Sky
Bank.

42. UFBI and its successors may claim an interest in Parcels I & II.

43. Claims of UFBI and its successors are without foundation or right.

Sky Bank

44. Sky Bank (hereafter (Sky) was a financial institution doing business in Colorado.

45. By knowledge or belief , Sky was successor in interest to UFBI by merger.

46. By knowledge or belief, Sky is no longer in business as it may have merged with First
National Bank of Tennessee (FNBT).

47. Sky and its successors may claim an interest in Parcels I & II.

48. These claims are without foundation or right.

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First National Bank of Tennessee

49. FNBT was a financial institution doing business in Colorado.

50. FNBT and its successors, if any, may claim an interest in Parcels I & II.

51. These claims are without foundation or right.

The Public Trustee of Jefferson County

52. The Jefferson County Public Trustee (hereafter Trustee) operates as trustee for real
property located in Jefferson County Colorado.

53. Both Parcels are located in Jefferson County Colorado.

54. Any interest the Trustee asserts on behalf of any party other than Cassino are without
foundation of right.

55. By its filing dd 11/29/11 in Jefferson District Court Case No. 2011cv4858, the Trustee
has already disclaimed all right, title and interest under any deed of trust which may encumber
the parcels without waiving any right or power of sale otherwise in said property which any
beneficiary or any other person may have. Exhibit 4.

56. If the Trustee claims an interest in Parcels I & II, its claims are without foundation or
right.

IV. GENERAL AVERMENTS

57. In 2012, Chase hired surveyor, Evergreen Surveying, to survey both parcels of land, and
to reform a legal description which would encompass Parcel IIs vacant 5.1 acres together with
the adjoining 5 acres with its home and outbuildings within Parcel Is 40.9 acres.

58. This survey was done in anticipation that upon any refinance, this new legal description
would be used to encumber only 10 acres of ground, including Defendants home, and which
would provide adequate collateral for any new loan obtained.

59. In September 2005, Cassino executed a $200K Note in favor of CMG.

60. As security for the Note, Cassino executed a $200K Deed of Trust in favor of MERS
acting as nominee of CMG encumbering Parcel II recorded 10/6/05 at Reception No.
2005094330. Exhibit 5.

61. By belief or knowledge, the Promissory Note for the above transaction was subsequently
assigned to Washington Mutual Bank F.A. (hereafter WAMU) while its allonge reflected a

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contradictory assignment by CMG to Washington Mutual Bank, F.A. (hereafter WAMU) and
UFBI. Exhibits 6 & 7.

62. At all times, up to and during the closing, Cassino believed and intended that the new 10
acre legal description for home and property would be used instead of the 45 acre legal
descriptions for home and property - to provide the collateral for a future loan and this would be
reflected on the Deed of Trust.

63. In fact, the Deed of Trust securing the Promissory Note only encumbered the vacant 5.1
acre parcel Parcel II.

64. CMG went out of business 2-3 months or so after the closing on 9/26/2005.

65. Six years after CMG went out of business, Chase caused to have recorded in the county
records of Jefferson County that a patently false document entitled Corporate Assignment of
Deed of Trust alleging an assignment by MERS, as nominee of CMG, the deed of trust for
Parcel II dated 9/21/11. Exhibit 8.

66. Without producing the original note or providing any chain of title evidence, Chase
alleged itself to be ultimate successor in interest and beneficial interest owner of Cassinos
obligation to CMG (Parcel II).

67. Chase was servicing the account but refused to accept payments from Cassino after
12/15/2010.

68. On November 16, 2011 Chase filed a complaint alleging default and to reform the deed
of trust.

69. Chase proceeded to foreclose Parcel II in Jefferson County District Court, Case No.
2011CV4858.

70. Chase was not the owner of the promissory note, could not produce the original and could
not demonstrate through chain of title that it was a Holder, Qualified Holder, Holder in Due
Course or beneficial owner of any note whether duly negotiated or endorsed in blank for Parcels
I or II.

71. During the course of these proceedings Chase:

a) mis-led the Court in Jefferson District Court case 2011CV4858 by falsely

asserting that they were the real party in interest and the sole owner and
beneficiary of the evidence of debt [Chases contention that it is the holder of the
evidence of debt is directly contradicted in sworn testimony on 5/9/12 during
the deposition of Lawrence Nardi, a Chase operations unit manager and officer.
J.P. Morgan Chas Bank, N.A. v. Waisome, Cir.Ct. 5th Cir. Lake County
Florida, Case No 2009CA005717] Exhibit 9.;

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 b) recorded a false Corporate Assignment of Deed of Trust (to Chase) from MERS
as a nominee of CMG. This alleged assignment is dated 9/21/11 more than
five years after CMG went out of business. Upon examination of the assignment
by an expert document analyst, there is strong irrefutable evidence of multiple
editing, photocopying and creation of a composite image. This document was
recorded 9/28/11 at Reception No.: 2011087676. Exhibit 8.

72. On March 15, 2013 CHASE entered a Settlement Agreement paying Cassino and
dismissing Jefferson District Court 11 CV 4858 case by stipulation without quieting title to the
Parcels.

V. CLAIMS FOR RELIEF

Interference with Contractual Relations

(Chase)

73. Cassino incorporates by reference paragraphs 1 through 73 into the following claims.

74. Chase has caused to have filed in the county records of Jefferson County a patently false
and forged document entitled Corporate Assignment of Deed of Trust which represents to the
world that Chase has a beneficial interest in Cassinos real property as the mortgagee. Exhibit 8.

75. Cassino has sold a portion his property to Mark and Leigh Ann Jordan to address the
encroachment and for which reconfiguration is not possible as long as Chase claims an interest
as mortgagee and is unwilling to sign off on the plat.

76. Cassino has a contract for the reconfiguration and sale of a portion his property John T.
and Rebecca S. McSweeney which reconfiguration and sale is not possible as long as Chase
claims an interest as mortgagee.

77. Chase is aware of the pending reconfigurations and sales.

78. Chases interference and claims are improper in that Chase has no beneficial or
enforceable interest in the Parcels.

79. Chases interference has caused, and continues to cause, Cassino, the Jordans and the
McSweeneys damage.

Quiet Title
(All Defendants)

80. Cassino hereby incorporates by reference paragraphs 1 through 79 and prays for equitable
relief as follows:

A. complete abjudication of the rights of all parties to this action;

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 B. a decree determining that no Defendant has an interest, estate, claim of any kind
whatsoever in the Parcels;

C. enjoinment by any Defendant from asserting any claim or title against either
parcel;

D. quieted title in the name of Cassino;

E. a decree that Cassino is the owner in fee simple and so entitled to possession of
the Parcels;

F. a decree reforming parcels as between Cassino and the Jordans pursuant to the
plat labeled as Exhibit 1 and the Administrative Decision Memorandum
approving the Minor Variation dated 3/9/17 labled as Exhibit 2.

G. for costs and attorneys fees and such other relief as the Court deems just and fair.

dd: 8-8-17 BULLOCK LAW L.L.C.

s:/ Tim Bullock

Attorney for Plaintiff
By: Tim Bullock
827 Good Hope Drive
Castle Rock, CO 80108
(p) 888.682.3788, (f) 303.495.2198
Bullocklaw@Gmail.com

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 CERTIFICATE OF SERVICE

I hereby certify and affirm that a copy of the foregoing was mailed via U.S. Mail, filed
electronically via Courtlink on LexisNexis File & Serve or e-mailed to the following parties:

BRYAN CAVE LLP., Attn: Cynthia Lowery Graber, esq.

1700 Lincoln Street, Suite 4100, Denver, CO 80203-4541

DATED this August 8th, 2017.

s/: Tim Bullock

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