JP Morgan Chase Claims Washington Mutual Bank does not exist

					                                                      IN THE CIRCUIT COURT OF THE
                                                      ELEVENTH JUDICIAL CIRCUIT IN
                                                      AND FOR MIAMI-DADE COUNTY,
                                                      FLORIDA

                                                      CIRCUIT CIVIL DIVISION

                                                      CASE NO.: 12-22689-CA (02)

AMI B. ESKANOS and BARRY B.
ESKANOS,

      Plaintiff,
V.


WASHINGTON MUTUAL BANK, et al.,

       Defendant.                             /

                           NOTICE OF LIMITED APPEARANCE

       PLEASE TAKE NOTICE that the law firm of GrayRobinson, P.A., hereby files its

Notice of Limited Appearance as Counsel for Non-Party, JPMorgan Chase Bank, N.A.

("JPMorgan") as acquirer of certain assets and liabilities of Washington Mutual Bank from the

Federal Insurance Deposit Corporation ("FDIC") acting as Receiver, and requests copies of all

pleadings, court orders, documents, notices and other filing of record be forwarded to

undersigned counsel. At this time, the undersigned appears for the limited purpose of notifying

the Court that (1) Defendant, Washington Mutual Bank, FA does not exist as a legal entity and

(2) that the alleged clerk's default serving as the sole basis for Plaintiffs, Ami B. Eskanos' and

Barry B. Eskanos' ("Eskanoses") Complaint, and purportedly entered in United States

Bankruptcy Court, Southern District of Florida, Case No. 11-03107-BKC-AJC (the "Bankruptcy

Adversary Proceeding"), was, in truth, vacated and, despite repeated attempts by Plaintiffs to

reconsider the vacatur, remains vacated. This Court should take judicial notice of the following

facts, which establish the foregoing:
                                                                    CASE NO.: 12-22689-CA (02)

   (a) On January 1, 2005, Washington Mutual Bank, FA changed its name to Washington

       Mutual Bank. See Form 10-K of Washington Mutual, Inc. dated March 15, 2006, filed

       with the United States Securities and Exchange Commission, of which this Court can

       take judicial notice. See, e.g., Bryant v. Avado Brand, Inc., 187 F.3d 1271, 1280 (11th

       Cir. 1999) ("...we hold that the district court was authorized ... to take judicial notice of

       relevant public documents filed with the SEC, and actually filed, for the purpose of

       determining what statements the documents contain.")

   (b) On September 25, 2008, Washington Mutual Bank was closed by the Office of Thrift

       Supervision and the FDIC was named receiver. Thus, Defendant, Washington Mutual

       Bank, FA does not exist as a legal entity.     See Order Denying [Eskanoses'] Motion to

       Reconsider, Motion for Default, and Motion for Default Judgment Against Washington

       Mutual Bank, FA [DE 51] in the Bankruptcy Adversary Proceeding.

   (c) The non-existence of Defendant, Washington Mutual Bank, FA, led the Court in the

       Bankruptcy Adversary Proceeding to vacate the Clerk's Default (see DE 18), and deny at

       least two attempts by the Eskanoses to reconsider the vacatur (see DEs 51, 62.)

Dated: this 3rd day of July, 2012.

                                                     Respectfully submitted,

                                                     GRAYROBINSON, P.A.
                                                     401 East Las Olas Blvd., Suite 1850
                                                     Fort Lauderdale, Florida 33301
                                                     Telephone: (954) 761-8111
                                                     Facsimile: (954) 761-8112



                                                     Thomas H. toffro
                                                     Florida Bar No.: 8023
                                                     Ronald J. Tomassi, Jr.
                                                     Florida Bar No.: 029751



                                               -2-
                                                               CASE NO.: 12-22689-CA (02)


                               CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that a true and correct copy of the above was served by overnight

mail on Barry B. Eskanos & Ami B. Eskanos, 3122 Pine Tree Drive, Miami Beach, FL 33140,

this 3rd day of July, 2012.




\823538\3441 - # 1660653 vi

                                             -3-

				
DOCUMENT INFO
Shared By:
Stats:
views:300
posted:7/6/2012
language:
pages:3
Description: If you are a defendant in any action where Washington Mutual Bank, FA is the Plaintiff; use this brief to prove that Washington Mutual Bank, FA cannot be a party Plaintiff against you. What is happening is JP Morgan Chase has chosen not to transfer all the Washington Mutual Bank, FA or Washington Mutual loans into their name, so that JPMC can avoid honoring the HAMP or other Obama refi programs. If you have a WAMU loan, and ask for a modification, they can simply say you do not qualify. If JPMC moves the loan into their name, then they have to comply with HAMP, etc. JPMC can commit loan fraud; file forged documents; file false pleadings, etc., with impunity, doing it all in the name of Washington Mutual Bank, FA; and as soon as you complain, they simply reply with the attached.... Wamu does not exist, thus it cannot be held liable for defrauding you....