DISTRICT COURT, JEFFERSON COUNTY, CO.

100 Jefferson County Parkway

Golden, Colorado 80401

Plaintiffs:

LANCE CASSINO, BETTY CASSINO, LYNN

CASSINO, MARCUS JORDAN, LEIGH ANN
JORDAN, JOHN MCSWEENEY, REBECCA
MCSWEENEY, CRAIG MARKS,
v.

Defendants:

J.P. MORGAN CHASE BANK, N.A.; FEDERAL

DEPOSIT INSURANCE CORPORATION; CYNTHIA
LOWERY-GRABER; LISA CANCANNON AND;
ALL UNKNOWN PERSONS, JOHN AND JANE
DOES WHO MAY HAVE INVOLVEMENT WITH
THIS CASE.

COURT USE ONLY

Lance Cassino
Pro Se until attorney retained Case Number:
POB 1050
Conifer, CO 8043 Division/Courtroom:
303-838-0221
lancecassino@msn.com

COMPLAINT FOR PERSONAL INJURY BY WRONGFUL FORECLOSURE

COMES NOW the Plaintiffs, Lance Cassino (Cassino), Betty Cassino, Lynn
Cassino, Marcus Jordan, Leigh Ann Jordan, John McSweeney, Rebecca McSweeney, and
Craig Marks and they institute this action for actual damages, statutory damages, treble and
compensatory damages including Cassinos costs for this action against all the Defendants.
.
FOR HIS COMPLAINT AND JURY DEMAND, CASSINO STATES AS
FOLLOWS:

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 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 for personal injury from a wrongful foreclosure attempt for
substantial damages. The concept of this personal injury lawsuit for damages is that Mortgage
Malpractice injuries are very much equivalent to Medical Malpractice injuries like physical,
mental, emotional, financial, even spiritually (shattering belief systems about bankers just like
doctors that can do no wrong) see Exhibit 1 - Medical Malpractice is equivalent to
Mortgage Malpractice 6/28/2017. J.P. Morgan Chase, N.A.s (hereafter Chase) financial
terrorism has also caused collateral financial and other damages to Plaintiff Lance Cassinos
92 year old mother and 66 year old wheel chair bound brother, financial and other damages
to Cassinos neighbors, Marc and Leigh Ann Jordan needing to close on a .4 acre purchase
from Cassino to solve their home encroachment lawsuit, financial and other damages to
Cassinos buyers of his 4.7 acre home site, John and Rebecca McSweeney and financial and
other damages to Keller Williams broker Craig Marks handling of the sale of both the .4 acre
and 4.7 acre properties that should have closed by June 9. 2017 if not for Chase (or attorneys
or law firms representing Chase) committing a felony by recording September 28, 2011 a
false instrument in the Jefferson County Colorado land records - Statute for 18 5 114
Offering A False Instrument For Recording (First Degree). On October 19, 2015 Cassino filed
with the Jefferson County Sheriff Office a criminal complaint on white collar crime by fraud,
report number 15-22789, asking for a criminal investigation by the District Attorney with the
fraudulent assignment and the Colorado law violated Statute 18 5 114 both attached see
Exhibit 16 - Jefferson County Sheriff criminal complaint on white collar crime by fraud,
report number 15-22789 dated 10-19-2015. Also see Exhibit 17 FBI.gov Tip online reported
9-24-2017 Cassino v Chase regarding fraud by bank. This action ordered by Chase or its
representatives is the primary cause for both Jefferson County District Court case number
17CV231 COMPLAINT FOR QUIET TITLE UNDER RULE 105 and this instant case for
damages.

III. THE PARTIES

The Legal Owner and family members.

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;

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 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, and a detached garage

are located on Parcel I with a street address of: 13883 South Wamblee Valley Road, Conifer
Colorado, 80433.

7. Cassinos mother Betty Cassino and Cassinos brother Lynn Cassino are also
Plaintiffs due to collateral damages of Chases financial terrorism effecting their health and
well being too. A portion of this land was gifted to Cassino by a family member.

The Pretender Lender (The (putative) Mortgagee)

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 has in the past and may still 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. Chase and the law firms and attorneys representing Chase claims of
having standing as person entitled to enforce (hereafter PETE) uses fraudulent
foreclosing documents (counterfeits) served upon the court, served the trustee, recorded in the
land records falsely and served Cassino. Cassino and his planned expert witnesses will prove
that Chase in fact is a Pretender Lender that has committed white collar crimes that are
felonies or its agents and vendors. Those expert witnesses are Robert Janes retired attorney,
former CPA and author of ShellGame-MERS: Contrived Confusion and FIGHTING THE
FORECLOSURE MACHINE
http://www.fightingtheforeclosuremachine.com/, Neil Garfield on Securitization and
TILA and Forensic Document Examiner Gary Michaels.

9. Defendant Chases 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. The encroaching property, 29310 South Sunset Trail, is owned by individuals
Mark and Leigh Ann Jordan. Amongst themselves Cassino, the Jordans and the Jordans
contractors, Cedar View Homes 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). 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 2. 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

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acres (Jordans) and 4.71 acres (Cassino Parcel II) Exhibit 3. To date, the transaction to
purchase .4 acres for $11,600 is unable to consummate because of the false mortgagee
interest claimed by Chase and possibly others.

Purchasing Parties

11. John T. and Rebecca S. McSweeney are parties who entered a mutually accepted
contract with Cassino for purchase of a 4.7-acre portion of the described parcels. This
transaction to purchase the home site for $145,000 has been unable to proceed because of the
false mortgagee interest claimed by Chase and possibly others.

Craig Marks broker for Keller Williams

12. Craig Marks is the broker involved with both The Encroaching Parties purchase from
Cassino of .4 acres for $11,600 to solve their encroachment problem and Purchasing Parties
purchase of a 4.7 home site for $145,000 to build their planned home.

Mortgage Electronic Registration Systems, Inc.

12. 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. 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. MERS was
never given a Power of Attorney on behalf of the true beneficial owner of these parcels. MERS
is a wholly owned subsidiary of MERSCORP Holdings. 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 4. If MERS claims any interest in Parcels I or
II, such claims are without foundation or right.

Community Mortgage Group, Inc.

13. 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. CMG closed its business in late 2005 early 2006. Successors of CMG, the
identity of whom is unclear, may claim an interest in Parcels I & II. CMGs claims and any
claims of its successors are without foundation or right. 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 4. If CMG claims any interest in Parcels I or II, such claims
are without foundation or right. CMG did not record an assignment of loan/note/deed of trust
in the land records to Washington Mutual Bank, F.A..

Washington Mutual Bank, F.A.

14. 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. WAMU collapsed in 2008. Successors of WAMU and the identities of the beneficial

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interests it held after its collapse are unclear. WAMU may claim an interest in Parcels I & II.
34. WAMUs claims and any claims of its successors are without foundation or right. WAMU
did not record an assignment of loan/note/deed of trust in the land records to Chase.

Federal Deposit Insurance Corporation

15. The Federal Deposit Insurance Corporation (hereafter FDIC) is a United States
government institution providing insurance to depositors in U.S. banks. The FDIC does
business in Colorado and may have some claim on a portion of Parcels I or II by insuring
depositors of WAMU. Successors of WAMU and the identities of the beneficial interests they
hold after its collapse are unclear. The FDIC may claim an interest in Parcels I & II. If the
FDIC claims any interest in Parcels I or II, such claims are without foundation or right. The
FDIC from its record $13 billion dollar settlement in FDIC v. Chase on November 19,
2013 knows that Chase declared in one of its exhibits Exhibit D paragraph 13 that it is not
successor-in-interest to the WaMu loans which includes Cassinos yet has continued to
commit fraud on the court, fraud on the trustee besides fraud on the land records in ongoing
financial terrorism in contesting Cassino currently in case number 17CV231 for Quiet Title.

Union Federal Bank of Indianapolis

16. Union Federal Bank of Indianapolis (hereafter (UFBI) was a financial institution
doing business in Colorado. By knowledge or belief, UFBI is no longer in business as it
merged with successor Sky Bank. UFBI and its successors may claim an interest in Parcels I
& II. Claims of UFBI and its successors are without foundation or right.

Sky Bank

17. Sky Bank (hereafter (Sky) was a financial institution doing business in Colorado.
By knowledge or belief, Sky was successor in interest to UFBI by merger. By knowledge
or belief, Sky is no longer in business as it may have merged with First National Bank of
Tennessee (FNBT). Sky and its successors may claim an interest in Parcels I & II. These
claims are without foundation or right.

First National Bank of Tennessee

18. FNBT was a financial institution doing business in Colorado. FNBT and its
successors, if any, may claim an interest in Parcels I & II. These claims are without
foundation or right.

The Public Trustee of Jefferson County

19. The Jefferson County Public Trustee (hereafter Trustee) operates as trustee for
real property located in Jefferson County Colorado. Both Parcels are in Jefferson County
Colorado. Any interest the Trustee asserts on behalf of any party other than Cassino are
without foundation of right. 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

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in said property which any beneficiary or any other person may have. See Exhibit 5. If the
Trustee claims an interest in Parcels I & II, its claims are without foundation or right.
---------------------------- paragraphs 20-134 removed to shorten for mediator-------------------
135.Fraud on the court is where the court or a member is corrupted or influenced, or
influence is attempted. Fraud on the court where the impartial functions of the
court have been directly corrupted. Fraud upon the court embraces that species
of fraud which does, or attempts to, defile the court itself, or is a fraud
perpetrated by officers of the court so that the judicial machinery cannot
perform in the usual manner its impartial task of adjudging cases that are
presented for adjudication.

136.The State District Court consistently acknowledged the issue in dispute was
whether CHASE owned the subject NOTE, evidenced by the Court request for
CHASE to produce the original NOTE and DOT not the 2 Affidavits of Lost
Note or Instrument.

WHEREFORE, Plaintiff prays for the following relief:

a) With Regards to the first cause of action for Wrongful Foreclosure:

That Cassino be awarded the cost of defending against the attempted wrongful
foreclosure causing personal injury and the costs for having to bring Quiet
Title case number 2017CV231 and this case including reasonable attorneys
fees in the amount of $50,000.

b) That Cassino be awarded damages in the amount of $50,000 as compensation

for the extraordinary amount of time Cassino has had to put into research and
c) writing pleadings and his private web sites to find attorneys necessary to
defend against Chases actions. It has literally become a full time job that has
resulted in lost income, damage to his business relationships and lost business.

d) With Regards to the second cause of action for Fraud:

Because the nature of the MBS transactions are so complex normal discovery
procedures would not be capable of the accounting necessary to every
transaction that has occurred in relationship the loan memorialized in the Note.
Therefore, Cassino asks that a full accounting be provided to Cassino so he
may conduct a thorough forensic audit of all the transactions related to his
mortgage loan from origination to the present day, which should include a
complete securitization audit, so a completely accurate balance due on the
accounts can be established and whether or not any credit balances may exist.
e) If it turns out an actual credit balance exists due to funds that were paid with the
intent of mitigating losses, or generated by something like pledging the Note
multiple times, Cassino asks that any credit balance or monies due Cassino as a
beneficiary and/or entitlement holder to the MBS transaction consider this to be the
monetary damages that Cassino is entitled to recoup as a result of Chases fraud and
award treble damages of that amount to Cassino.

f) Cassino also asks that a substantial punitive damage award be levied in the amount
of 6 million dollars against Chase because only an award of this size will have any
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 meaning and deterrent effect on forcing Chase to live up to the Consent Order it was given and
signed in 2011 and yet continues to violate with even more serious violations of massive fraud.

g) With Regards to the third cause of action for Violations of the Colorado
Consumer Protection Act: Cassino asks that the same damages be awarded in this
cause of action as that for the fraud cause of action.
h) With Regards to the fourth cause of action for Slander of Title:

Cassino asks that this Court grant title be quieted against all parties because the
title has been irreparably clouded to the point that it would be virtually impossible
for Cassino to sell his property - as he desires to do so in selling .4 acres and 4.7
acres of his 45 acres closing by Friday 9/25/2017.

i) With Regards to the fifth cause of action for Unjust Enrichment:

Because the nature of the MBS transactions are so complex normal discovery
procedures would not be capable of the accounted necessary to every transaction
that has occurred in relationship the loan memorialized in the Note, therefore, Cassino
asks that this Court to order a full and complete accounting of every transaction that has
occurred in relationship to the loan on Cassinos mortgage so an accurate figure can be
determined as to the unjust enrichment that was obtained.

i) With Regards to the sixth cause of action for Intentional Infliction of Emotional
Distress: Cassino asks for $250,000 in compensation for intentional infliction of the
emotional distress he has had to endure for the 6 years and 5 months so far that Chase has
tried to divest him of his property.

j) With Regards to the seventh cause of action for Fraud On The Court, that the court
sanctions any law firms, attorney/s, paralegals involved in this instant case and related
previous cases that are likely guilty of what is Cassinos belief and understanding from
expert witnesses and attorneys familiar with his case/s and cases just like this across the
nation.

k) With regards to damages suffered by Betty Cassino, Lynn Cassino, Marc and Leigh
Ann Jordan, John and Rebecca McSweeney and Craig Marks they will be calculated and
detailed when in discovery.

And such other and further relief as the Court deems appropriate.

Jury Trial Demand

Plaintiff requests a jury trial for all claims a jury trial is available.

Dated this 25th day of September 2017

Lance Cassino
POB 1050 Conifer, Colorado 80433
303-838-0221

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List of Exhibits

Exhibit 1 Medical Malpractice is equivalent to Mortgage Malpractice 6/28/2017

Exhibit 2 Minor Variation Request
Exhibit 3 County approved the Minor Variation Request on 3/9/17
Exhibit 4 Clerks Entry of Default on Community Mortgage Group, Inc. and Mortgage
Electronic Registration Systems, Inc.
Exhibit 5 Trustee filing dd 11/29/11 in Jefferson District Court Case No. 2011cv4858
Exhibit 6 Notice and Election For Demand Of Sale by Lisa Cancannon
Exhibit 7 Deed of Trust
Exhibit 8 Promissory Note
Exhibit 9 Allonge
Exhibit 10 Corporate Assignment of Deed of Trust
Exhibit 11 Deposition of Lawrence Nardi, a Chase operations unit manager and officer
Exhibit 12 Expert Witness Forensic Document Examiner Gary Michaels report that
Corporate Assignment of Deed of Trust is counterfeit fraudulent. Just pages 1-7 of 19.
Exhibit 13 Expert Witness Forensic Document Examiner Gary Michaels report that 2
Affidavits of Lost Note or Instrument are counterfeit fraudulent. Just page 1 of 29.
Exhibit 14 OCC Takes Enforcement Action Against Eight Servicers for Unsafe and
Unsound Foreclosure Practices April 13, 2011
Exhibit 15 Congressman Alan Grayson letter to US AG Loretta Lynch dated 10/6/2015
on this same problem Cassino has in Colorado regarding recording of false instruments in
Jefferson County land records.
Exhibit 16 Jefferson County Sheriff criminal complaint on white collar crime by fraud,
report number 15-22789 dated 10-19-2015
Exhibit 17 FBI.gov Tip online reported 9-24-2017 Cassino v Chase regarding fraud by
bank

The detail pages for Exhibits are following in the same order as above - as pages 1 - 71

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