7 8 9 10 11 12 13 14 - freedom school -...

- 1 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Philip A. Kramer SB# 113969 Kramer & Kaslow 23901 Calabasas Rd # 2010 Calabasas, CA 91302-3307 (818) 224-3900 Attorney for Plaintiffs

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE

DANIEL MAXAM, an individual; CARA

MCVEY, an individual; DANIEL

MELENDEZ, an individual; GERALDINE

MOECKEL, an individual; EDGAR

MORALES, an individual; DINAH

MOREAU, an individual; KEN MORRIS, an

individual; ALAN MOSLEY, an individual;

SOSTENES MURGA, an individual; LEE E.

NOBLE, an individual; JOSE NUNEZ, an

individual; DONALD OKADA, an individual;

JESSE OSBORNE, an individual; LUIS

PAGES, an individual; MARCELINO

PALISOC, an individual; CLAYTON

PELLETIER, an individual; MITCH

PERERIA, an individual; RICHARD

PILLSBURY, an individual; HAYDEN

POGNI, an individual; ROGER PREBLE, an

individual; CARLOS QUINO, an individual;

LORETTA RAYA, an individual; RHONDA

CHISHOLM, an individual; DANIEL

RICHARD, an individual; ROBERT

GILBERT, an individual; AUDRA

RODRIGUEZ, an individual; CESAR

RODRIGUEZ, an individual; FRANK

ROPER, an individual; HOWARD

ROSENTHAL, an individual; ROGER

ROTTLER, an individual; ANGELA

SANCHEZ, an individual; SELINA WILDER,

an individual; SHARON KING, an individual;

JEREMY SHEAFFER, an individual; DEBRA

SIMPSON, an individual; NATHAN

SKIVER, an individual; GUILLERMO

TABARES, an individual; STEPHEN

TEICHMAN, an individual; FATIMA

Case No.: COMPLAINT FOR: 1. FRAUDULENT CONCEALMENT [VIOLATION OF CAL. CIVIL CODE 1572, 1709 AND 1710]; 2. INTENTIONAL MISREPRESENTATION [VIOLATION OF CAL. CIVIL CODE 1572, 1709 AND 1710]; 3. NEGLIGENT MISREPRESENTATION [VIOLATION OF CAL. CIVIL CODE 1572, 1709 AND 1710]; 4. INJUNCTIVE RELIEF FOR VIOLATION OF CIVIL CODE SECTION 2923.5; 5. UNFAIR COMPETITION [VIOLATIONS OF CAL. BUS. & PROF. CODE 17200 ET SEQ.] [JURY TRIAL DEMANDED]

Su

mm

on

s Is

sued

DEPT CX101

- 2 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

TENDERRO, an individual; TISHARRA

SHREIBER, an individual; TODD GAGNON,

an individual; JORGE TORRES, an

individual; HWANG TRAN, an individual;

RONALD TURNER, an individual;

ROSEMARY TURNER, an individual; JOHN

URTIAGA, an individual; THOMAS VAN

DUSEN, an individual; NELDA VARGAS, an

individual; LINDA VULAJ, an individual;

RIK WAHLRAB, an individual; PHILIP

WARMANEN, an individual; CHRISTIAN

WELLMAN, an individual; MARK

WHITEHEAD, an individual; DARNELL

WYRICK, an individual; ALEJANDRO

ALARCON, an individual; JULIE

ANDERSON, an individual; LYNETTE

ASTORS, an individual; BRUCE BARRETT,

an individual; BRANSTON BAUDER, an

individual; BRETT BORBA, an individual;

BUNNY BOWERS, an individual; EDDIE

BRANDES, an individual; ROY BREWER,

an individual; BRAD J. BRITTON, an

individual; HENRY BURGESS, an individual;

JOSE CABANAS, an individual; ELVIRA

CADENAS, an individual; MARIA

CAMARILLO, an individual; CHRISTINE

CARPENTER, an individual; ROBERT

CASTORE, an individual; JAMES CHAFFIN,

an individual; LISA DAGGS-CHARETTE, an

individual; CHRIS CLARK, an individual;

CHRISTINE JI, an individual; MICHAEL

COLLIGAN, an individual; SEANNA

COLLIGAN, an individual; K.C.

CRANDALL, an individual; ANTONIO

CRUZ, an individual; COSME CRUZ, an

individual; TUAN HAI DANG, an individual;

STEPHANIE DIAMOND, an individual;

DANG DIEP, an individual; DOLORES

SABLAN, an individual; ROBERT DUBOIS,

an individual; TERRI EADENS, an individual;

EDITHA RESTAURO, an individual; KIRA

EDWARDS, an individual; EVELYN

SISTRUNK, an individual; ROSIBEL

FADUL, an individual; ENIO FONTANELLI,

an individual; DOUGLAS FORE, an

individual; WILLIAM FOSTER, an

- 3 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

individual; TRINA FRAZIER, an individual;

GENARO MENJIVAR, an individual;

GEORGE OLSEN, an individual; PAULETTE

OLSEN, an individual; GLEN LEMMON, an

individual; RICARDO GONZALEZ

TAFOLLA, an individual; LEOPOLDO

GONZALEZ, an individual; STEPHANIE

GOTTERO, an individual; KARLA

GOULART, an individual; SALVADOR

GUTIERREZ, an individual; JACINTO

GUZMAN, an individual; OFELIA

HERNANDEZ, an individual; TIMOTHY

INFANGER, an individual; BENJAMIN

INGRAM, an individual; TAMMY

JACKSON, an individual; LYNETTE

JAMORA, an individual; MARIA JIMENEZ,

an individual; JOE BARELA, an individual;

JOHN ALLEN, an individual; JOHN

MORENO, an individual; LAVANCE

JOHNSON, an individual; JOSEPH

ELONGE-FOBIA, an individual; NARINDER

KAUR, an individual; KEITH COTANT, an

individual; KEVIN MCVEY, an individual;

CHRISTINA KIM, an individual; JANE

KOPECKY, an individual; JOSHUA

KREITZER, an individual; JONATHAN

LANDES, an individual; ASHLEY LARSON,

an individual; LEVON LATCHINIAN; an

individual; OLIVER LAZARO, an individual;

DANIEL LERTIQUE, an individual; KERRIE

LLOYD, an individual; CYNTHIA LUNA, an

individual; LYN HENLEY, an individual;

MADONA OANDASAN, an individual;

JANA MALONE, an individual; PIERRE

MARCOTTE, an individual; MARLENE

GONZALEZ, an individual; NAOMI

MARTINSEN, an individual; MARVIN

MENDONCA, an individual; MAZIAR

ABRISHAMIAN, an individual; JULIE

BLACKLEY, an individual; DUANE

BLEDSOE, an individual; MARK CAIRA, an

individual; DAVID DELGADO, an

individual; CLYDE DODSON, an individual;

EVELYN HERRERA, an individual;

BACHHONG KHONG, an individual; LOUIE

LEWIS, an individual; JOEL LIEBKE, an

- 4 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

individual; LARRY LUNSFORD, an

individual; DARYL MCCANCE, an

individual; EDWARD SANCHEZ, an

individual; CONNIE SCHULENBERG, an

individual; RICHARD VAN DER WORP, an

individual; FRED WHITE, an individual;

PETRE MILE, an individual; FRANZ BELL,

an individual; TIMOTHY SMITH, an

individual; GILBERT SIGALA, an individual;

ELENO DE LA CRUZ, an individual;

NAOMI TROWER, an individual;

SALVACION AQUINO, an individual;

MANUEL ARECHIGA, an individual;

AMRIK BAJWA, an individual; ROSARIO

BARA, an individual; OLGA BARDALES, an

individual; GIL BECKENSTEIN, an

individual; RHONDA BOGGAN, an

individual; RANDY BROOKS, an individual;

HAROLD BYRD, an individual; VITO

CALABRESE, an individual; EVERADO

CASTRO, an individual; FRANCISCO

CEBALLOS, an individual; CYNTHIA

CHANG, an individual; ANJA CHRISTIE-

JOHNSON, an individual; GRACIELA

CONTRERAS, an individual; ANIBAL

CORDERO, an individual; OTTO RENE DE

LEON, an individual; JOSE DELGADO, an

individual; ALICIA DIAZ, an individual;

DAVID DILLON, an individual; JOHN

DONAHUE, an individual; JULIO DORADO,

an individual; TUONG DU, an individual;

ELLA FERNANDEZ, an individual; DAWN

LENTZ FLOWERS, an individual; CHRISTIE

FRANZ, an individual; SUSAN

GALLAGHER, an individual; RUDY

GARCIA, an individual; ADELA GARCIA,

an individual; CINDY GEORGE, an

individual; JOERIN GEORGE, an individual;

VLADIMIR GURLOR, an individual;

RICHARD HALLEY, an individual;

CYNTIHIA HALLEY, an individual;

CARMELA HERBERT, an individual;

CHONTIA HOLMES, an individual;

DARRELL HOOVER, an individual;

DONALD JENKS, an individual; SHELDON

KAMEN, an individual; SHAWN

- 5 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

KEEBAUGH, an individual; TAMMY

KEMMERER, an individual; JANE KIM, an

individual; LOUIS KLEIN, an individual;

GERALD KRAMER, an individual; JERRY

LEE, an individual; BRIAN LOGAN, an

individual; RONNIE LYLES, an individual;

PAUL MAILE, an individual; POLINA

MANYIKA, an individual; HASMIK

MEKHITARIA, an individual; DONYANN

MORGAN, an individual; ROBERT MORSE,

an individual; JOSEPH NUGENT, an

individual; DOUGLAS POWERS, an

individual; BETTE LOU PRENTICE, an

individual; DIONICIO QUINONEZ, an

individual; THERESA REAL, an individual;

YEVETTE REEVES, an individual; DENISE

REGISTER, an individual; JOEY RIEDEL, an

individual; ENRIQUE ROMERO, an

individual; CONNIE ROOKER, an individual;

RODNEY SADLER, an individual; HUGO

SALAZAR, an individual; RUBEN

SANTIAGO, an individual; YADIRA

SANTILLAN, an individual; NAGINDER

SINGH, an individual; JAMES SPELLER, an

individual; ANN TERRILL, an individual;

WILLIAM THOMAS, an individual; HAI V.

TRAN, an individual; SANDRA VALDEZ, an

individual; TANYA VEGA, an individual;

GLENN WARNE, an individual; CHERYL

WELCH, an individual; SCOTT WETZEL, an

individual; MICHAEL WIEDERHOLD, an

individual; BERNARDO ZAVALA, an

individual; JAMES PATE, an individual;

ANGEL ARIAS, an individual; NEIL

WHITE, an individual; ACHINI WHITE, an

individual; and others similarly situated named

herein as ROES 1-1000, inclusive,

Plaintiffs,

vs.

- 6 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

BANK OF AMERICA, N.A., a Delaware

corporation; COUNTRWIDE FINANCIAL

CORPORATION, a Delaware corporation,

dba BAC HOME LOANS SERVICING;

COUNTRYWIDE HOME LOANS, INC., a

New York corporation; RECONTRUST

COMPANY, N.A., a California entity form

unknown; CTC REAL ESTATE SERVICES,

a California corporation; and DOES 1 through

1000, inclusive.

Defendants.

Plaintiffs, and each of them, hereby demand a jury trial and allege as follows.

INTRODUCTION AND BACKGROUND

OF THE MASTER SCHEME OF DECEPTION AND FRAUD

1. This lawsuit arises from: (1) Defendants deception in inducing Plaintiffs to enter

into mortgages from 2003 through 2008 with the Countrywide Defendants (defined below in

Paragraph 8); (2) Defendants breach of Plaintiffs Constitutionally and statutorily protected

rights of privacy; and (3) Defendants continuing tortious conduct intended to deprive Plaintiffs

of their rights and remedies for the foregoing acts, described below.

2. This action seeks remedies for the foregoing improper activities, including a

massive fraud perpetrated upon Plaintiffs and other borrowers by the Countrywide Defendants

that devastated the values of their residences, in most cases resulting in Plaintiffs loss of all or

substantially all of their net worth.

3. Defendant Countrywide Financial Corporation (Countrywide) was among the

leading providers of mortgages in California during all times relevant to this Complaint. By

2005, Countrywide was the largest U.S. mortgage lender in the United States, originating over

$490 billion in mortgage loans in 2005, over $450 billion in 2006, and over $408 billion in 2007.

- 7 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4. In 2007, Defendant Bank of America (BofA) commenced negotiations to

acquire Countrywide. By late 2007, BofA began merging its operations with Countrywide and

adopting some of Countrywides practices. From and after its acquisition of Countrywide in July

2008 and continuing to the present, both as a successor in interest to Countrywide and as a

principal, BofA has engaged in and continued the wrongful conduct complained of herein.

5. The fraud perpetrated by the Countrywide Defendants from 2003 through 2007,

including by BofA starting no later than 2007, was willful and pervasive. It begin with simple

greed and then accelerated when Countrywide founder and CEO Angelo Mozilo (Mozilo)

discovered that Countrywide could not sustain its business, unless it used its size and large

market share in California to systematically create false and inflated property appraisals

throughout California. Countrywide then used these false property valuations to induce

Plaintiffs and other borrowers into ever-larger loans on increasingly risky terms. As Mozilo

knew from no later than 2004, these loans were unsustainable for Countrywide and the

borrowers and to a certainty would result in a crash that would destroy the equity invested by

Plaintiffs and other Countrywide borrowers.

6. Hand-in-hand with its fraudulently-obtained mortgages, Mozilo and others at

Countrywide hatched a plan to pool the foregoing mortgages and sell the pools for inflated

value. Rapidly, these two intertwined schemes grew into a brazen plan to disregard underwriting

standards and fraudulently inflate property values county-by-county, city-by-city, person-by-

person in order to take business from legitimate mortgage-providers, and moved on to massive

securities fraud hand-in-hand with concealment from, and deception of, Plaintiffs and other

mortgagees on an unprecedented scale.

7. From as early as 2004, Countrywides senior management led by Mozilo knew

the scheme would cause a liquidity crisis that would devastate Plaintiffs home values and net

worths. But, they did not care, because their plan was based on insider trading pumping for as

long as they could and then dumping before the truth came out and Plaintiffs losses were locked

in.

///

- 8 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

8. At the very least, at the time of entering into the notes and deeds of trust

referenced herein with respect to each Plaintiff, Countrywide, each Defendant originating a

mortgage, each Defendant in the chain of title of the foregoing mortgages and each Defendant

servicing the foregoing mortgages and the successors to each of the foregoing (collectively, the

Countrywide Defendants) was bound and obligated to fully and accurately disclose to each

borrower, including each Plaintiff herein, that the mortgage being offered to the Plaintiff was, in

fact, part of a massive fraud that Countrywide knew would result in the loss of the equity

invested by Plaintiff in his home and in severe impairment to Plaintiffs credit rating.1

9. It is now all too clear that this was the ultimate high-stakes fraudulent investment

scheme of the last decade. Couched in banking and securities jargon, the deceptive gamble with

consumers primary assets their homes was nothing more than a financial fraud perpetrated

by Defendants and others on a scale never before seen. This scheme led directly to a mortgage

meltdown in California that was substantially worse than any economic problems facing the rest

of the United States. From 2008 to the present, Californians home values decreased by

considerably more than most other areas in the United States as a direct and proximate result of

the Defendants scheme set forth herein. The Countrywide Defendants business premise was to

leave the borrowers, including Plaintiffs, holding the bag once Countrywide and its executives

had cashed in reaping huge salaries and bonuses and selling Countrywides shares based on their

inside information, while investors were still buying the increasingly overpriced mortgage pools

and before the inevitable dnouement. This massive fraudulent scheme was a disaster both

foreseen by Countrywide and waiting to happen. Defendants knew it, and yet Defendants still

induced the Plaintiffs into their scheme without telling them.

10. As a result, Plaintiffs lost their equity in their homes, their credit ratings and

histories were damaged or destroyed, and Plaintiffs incurred material other costs and expenses,

described herein. At the same time, Defendants took from Plaintiffs and other borrowers billions

///

1 This Complaint uses "mortgage" and "deed of trust" interchangeably. Depending upon the state and other factors,

a loan may be secured by either form of security instrument, the deed of trust being the customary instrument in

California.

- 9 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

of dollars in interest payments and fees and generated billions of dollars in profits by selling their

loans at inflated values.

11. Like a drug that requires ever-higher doses to yield the same high, the fraud

reached its zenith or its nadir when Countrywide systematically destroyed California home

values county-by-county and then State-wide.

12. Then, Defendants began to use their customers most private information for an

extra edge. This use of private information violated the inalienable Constitutional rights

accorded to all California citizens. Defendants violations ranged from the disclosure of the

most private and confidential information of more than 2.4 million customers, to the outsourcing

and sale of hundreds of thousands of records to bolster their fraudulent scheme, disenfranchising

Californians of their Article I, 1 inalienable rights of privacy, that went far beyond the sale of

Private Information disclosed in the settlement of the Kentucky class action.

13. When Countrywide pooled the loans it originated and sold them in secondary

mortgage market transactions, Countrywide recorded gains on the sales. In 2005, Countrywide

reported $451.6 million in pre-tax earnings from capital market sales; in 2006, it recognized

$553.5 million in pre-tax earnings from that activity. But, after the liquidity crisis hit, in 2007 it

recognized a mere $14.9 million in pre-tax earnings from that activity and reported an overall

pre-tax loss.

14. The foregoing events even to this day benefit the very people who were behind

the Countrywide fraud. For example, Stanford Kerlund, former president of Countrywide, left

Countrywide as the scheme was accelerating in late 2006. He then formed PennyMac, his

current business. PennyMac buys up the mortgages on which Plaintiffs and other Countrywide

borrowers defaulted at pennies on the dollar, repackages the mortgages and sells them for a

profit, thereby adding continued injury and profit to the original scheme. PennyMacs business

is supported and sanctioned by the Defendants herein.

15. The Defendants include some of our leading financial institutions institutions on

which Plaintiffs thought they could rely, and did rely. But, they were wrong. As is clear from

the mounting number of federal and state enforcement actions against Defendants, it is now

- 10 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

widely recognized that they engaged in reprehensible conduct with regard to their mortgage

business. Without limitation, the United States Securities and Exchange Commission (SEC)

charged Mozilo and other former senior officers of Countrywide with fraud for the securitization

counterpart of the fraud perpetrated on Plaintiffs; the SEC obtained a $150 million settlement

from BofA for fraud involving its acquisition of Merrill Lynch; the United States Federal Trade

Commission (FTC) obtained $108 million from two Countrywide mortgage servicing

companies to settle FTC charges that they collected excessive fees from cash-strapped borrowers

who were struggling to keep their homes; and New York commenced fraud proceedings against

the recently departed BofA CEO.

16. These acts continue to this day with hardball tactics and deception that continue to

threaten Plaintiffs Constitutional rights and financial security, as well as the economic future of

the State of California.

THE PARTIES

NAMED PLAINTIFFS

17. Plaintiff, DANIEL MAXAM, is an individual residing in the State of California,

who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003,

and December 31, 2008, secured by a deed of trust on his California real estate. At all material

times hereto, Countrywide has acted as Servicer or some other control capacity over processing

the loan.

18. Plaintiff ALEJANDRO ALARCON, is an individual residing in the State of

Arizona, who borrowed money from Countrywide or its subsidiaries or affiliates between

January 1, 2003, and December 31, 2008, secured by a deed of trust on his Arizona real estate.

At all material times hereto, Countrywide has acted as Servicer or some other control capacity

over processing the loan.

19. Plaintiff JULIE ANDERSON is an individual residing in the State of Oregon,


and December 31, 2008, secured by a deed of trust on her Oregon real estate. At all material

- 11 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


the loan.

20. Plaintiff LYNETTE ASTORS is an individual residing in the State of California,


and December 31, 2008, secured by a deed of trust on her California real estate. At all material


the loan.

21. Plaintiff BRUCE BARRETT is an individual residing in the State of California,




the loan.

22. Plaintiff BRANSTON BAUDER is an individual residing in the State of Nevada,


and December 31, 2008, secured by a deed of trust on his Nevada real estate. At all material


the loan.

23. Plaintiff BRETT BORBA is an individual residing in the State of California, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003, and

December 31, 2008, secured by a deed of trust on his California real estate. At all material times

hereto, Countrywide has acted as Servicer or some other control capacity over processing the

loan.

24. Plaintiff BUNNY BOWERS is an individual residing in the State of California,



times hereto, Countrywide acted as Servicer or some other control capacity over processing the

loan.

///

- 12 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

25. Plaintiff EDDIE BRANDES is an individual residing in the State of California,



times hereto, Countrywide acted as Servicer or some other control capacity over processing the

loan.

26. Plaintiff ROY BREWER is an individual residing in the State of Florida, who


December 31, 2008, secured by a deed of trust on his Florida real estate. At all material times


loan.

27. Plaintiff BRAD J. BRITTON is an individual residing in the State of California,




the loan.

28. Plaintiff HENRY BURGESS is an individual residing in the State of California,




the loan.

29. Plaintiff JOSE CABANAS is an individual residing in the State of California,




the loan.

30. Plaintiff ELVIRA CADENAS is an individual residing in the State of California,



- 13 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


the loan.

31. Plaintiff MARIA CAMARILLO is an individual residing in the State of Arizona,




the loan.

32. Plaintiff CHRISTINE CARPENTER is an individual residing in the State of

Washington, who borrowed money from Countrywide or its subsidiaries or affiliates between

January 1, 2003, and December 31, 2008, secured by a deed of trust on her Washington real

estate. At all material times hereto, Countrywide has acted as Servicer or some other control

capacity over processing the loan.

33. Plaintiff ROBERT CASTORE is an individual residing in the State of Rhode

Island, who borrowed money from Countrywide or its subsidiaries or affiliates between January

1, 2003, and December 31, 2008, secured by a deed of trust on his Rhode Island real estate. At

all material times hereto, Countrywide has acted as Servicer or some other control capacity over

processing the loan.

34. Plaintiff JAMES CHAFFIN is an individual residing in the State of Ohio, who


December 31, 2008, secured by a deed of trust on his Ohio real estate. At all material times


loan.

35. Plaintiff LISA DAGGS-CHARETTE is an individual residing in the State of

California, who borrowed money from Countrywide or its subsidiaries or affiliates between

January 1, 2003, and December 31, 2008, secured by a deed of trust on her California real estate.



///

- 14 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

36. Plaintiff CHRIS CLARK is an individual residing in the State of California, who




loan.

37. Plaintiff CHRISTINE JI is an individual residing in the State of California, who


December 31, 2008, secured by a deed of trust on her California real estate. At all material times


loan.

38. Plaintiffs SEANNA COLLIGAN and MICHAEL COLLIGAN, are individuals,

wife and husband, residing in the State of Colorado, who borrowed money from Countrywide or

its subsidiaries or affiliates between January 1, 2003, and December 31, 2008, secured by a deed

of trust on their Colorado real estate. At all material times hereto, Countrywide has acted as

Servicer or some other control capacity over processing the loan.

39. Plaintiff K.C. CRANDALL is an individual residing in the State of California,




the loan.

40. Plaintiff ANTONIO CRUZ is an individual residing in the State of California,




the loan.

41. Plaintiff COSME CRUZ is an individual residing in the State of Illinois, who


December 31, 2008, secured by a deed of trust on his Illinois real estate. At all material times

- 15 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


loan.

42. Plaintiff TUAN HAI DANG is an individual residing in the State of California,




the loan.

43. Plaintiff STEPHANIE DIAMOND is an individual residing in the State of Utah,


and December 31, 2008, secured by a deed of trust on her Utah real estate. At all material times


loan.

44. Plaintiff DIEP DANG is an individual residing in the State of California, who




loan.

45. Plaintiff DOLORES SABLAN is an individual residing in the State of California,




the loan.

46. Plaintiff ROBERT DUBOIS is an individual residing in the State of Colorado,


and December 31, 2008, secured by a deed of trust on his Colorado real estate. At all material


the loan.

///

- 16 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

47. Plaintiff TERRI EADENS is an individual residing in the State of California, who




loan.

48. Plaintiff EDITHA RESTAURO is an individual residing in the State of





49. Plaintiff KIRA EDWARDS is an individual residing in the State of Idaho, who


December 31, 2008, secured by a deed of trust on her Idaho real estate. At all material times


loan.

50. Plaintiff EVELYN SISTRUNK is an individual residing in the State of

Pennsylvania, who borrowed money from Countrywide or its subsidiaries or affiliates between

January 1, 2003, and December 31, 2008, secured by a deed of trust on her Pennsylvania real



51. Plaintiff ROSIBEL FADUL is an individual residing in the State of Florida, who


December 31, 2008, secured by a deed of trust on hER Florida real estate. At all material times


loan.

52. Plaintiff ENIO FONTANELLI is an individual residing in the State of Florida,


and December 31, 2008, secured by a deed of trust on his Florida real estate. At all material

- 17 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


the loan.

53. Plaintiff DOUGLAS FORE is an individual residing in the State of California,




the loan.

54. Plaintiff WILLIAM FOSTER is an individual residing in the State of California,




the loan.

55. Plaintiff TRINA FRAZIER is an individual residing in the State of California,




the loan.

56. Plaintiff GENARO MENJIVAR is an individual residing in the State of Utah,


and December 31, 2008, secured by a deed of trust on his Utah real estate. At all material times


loan.

57. Plaintiffs GEORGE OLSEN and PAULETTE OLSEN are individuals, husband

and wife, residing in the State of Arizona, who borrowed money from Countrywide or its

subsidiaries or affiliates between January 1, 2003, and December 31, 2008, secured by a deed of

trust on their Arizona real estate. At all material times hereto, Countrywide has acted as Servicer

or some other control capacity over processing the loan.

///

- 18 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

58. Plaintiff GLEN LEMMON is an individual residing in the State of Utah, who


December 31, 2008, secured by a deed of trust on his Utah real estate. At all material times


loan.

59. Plaintiff RICARDO GONZALES TAFOLLA is an individual residing in the State

of California, who borrowed money from Countrywide or its subsidiaries or affiliates between

January 1, 2003, and December 31, 2008, secured by a deed of trust on his California real estate.



60. Plaintiff LEOPOLDO GONZALEZ is an individual residing in the State of





61. Plaintiff STEPHANIE GOTTERO is an individual residing in the State of





62. Plaintiff KARLA GOULART is an individual residing in the State of California,




the loan.

63. Plaintiff SALVADOR GUTIERREZ is an individual residing in the State of



- 19 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28



64. Plaintiff JACINTO GUZMAN is an individual residing in the State of California,




the loan.

65. Plaintiff OFELIA HERNANDEZ is an individual residing in the State of





66. Plaintiff TIMOTHY INFANGER is an individual residing in the State of





67. Plaintiff BENJAMIN INGRAM is an individual residing in the State of

Washington, who borrowed money from Countrywide or its subsidiaries or affiliates between

January 1, 2003, and December 31, 2008, secured by a deed of trust on his Washington real



68. Plaintiff TAMMY JACKSON is an individual residing in the State of Florida,


and December 31, 2008, secured by a deed of trust on her Florida real estate. At all material


the loan.

///

- 20 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

69. Plaintiff LYNETTE JAMORA is an individual residing in the State of California,




the loan.

70. Plaintiff MARIA JIMENEZ is an individual residing in the State of California,




the loan.

71. Plaintiff JOE BARELA is an individual residing in the State of New Mexico, who


December 31, 2008, secured by a deed of trust on his New Mexico real estate. At all material


the loan.

72. Plaintiff JOHN ALLEN is an individual residing in the State of Arizona, who


December 31, 2008, secured by a deed of trust on his Arizona real estate. At all material times


loan.

73. Plaintiff JOHN MORENO is an individual residing in the State of California, who




loan.

74. Plaintiff LAVANCE JOHNSON is an individual residing in the State of Virginia,


and December 31, 2008, secured by a deed of trust on his Virginia real estate. At all material

- 21 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


the loan.

75. Plaintiff JOSEPH ELONGE-FOBIA is an individual residing in the State of


January 1, 2003, and December 31, 2008, secured by a deed of trust on his Arizona real estate.



76. Plaintiff NARINDER KAUR is an individual residing in the State of Washington,


and December 31, 2008, secured by a deed of trust on her Washington real estate. At all material


the loan.

77. Plaintiff KEITH COTANT is an individual residing in the State of California,




the loan.

78. Plaintiff KEVIN MCVEY is an individual residing in the State of California, who




loan.

79. Plaintiff CHRISTINA KIM is an individual residing in the State of Nevada, who


December 31, 2008, secured by a deed of trust on her Nevada real estate. At all material times


loan.

///

- 22 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

80. Plaintiff JANE KOPECKY is an individual residing in the State of Illinois, who


December 31, 2008, secured by a deed of trust on her Illinois real estate. At all material times


loan.

81. Plaintiff JOSHUA KREITZER is an individual residing in the State of California,




the loan.

82. Plaintiff JONATHAN LANDES is an individual residing in the State of Oregon,


and December 31, 2008, secured by a deed of trust on his Oregon real estate. At all material


the loan.

83. Plaintiff ASHLEY LARSEN is an individual residing in the State of California,




the loan.

84. Plaintiff LEVON LATCHINIAN is an individual residing in the State of





85. Plaintiff OLIVER LAZARO is an individual residing in the State of California,



- 23 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


the loan.

86. Plaintiff DANIEL LERTIQUE is an individual residing in the State of Arizona,


and December 31, 2008, secured by a deed of trust on his Arizona real estate. At all material


the loan.

87. Plaintiff KERRIE LLOYD is an individual residing in the State of California,




the loan.

88. Plaintiff CYNTHIA LUNA is an individual residing in the State of New Mexico,


and December 31, 2008, secured by a deed of trust on her New Mexico real estate. At all

material times hereto, Countrywide has acted as Servicer or some other control capacity over


89. Plaintiff LYN HENLEY is an individual residing in the State of California, who




loan.

90. Plaintiff MADONA OANDASAN is an individual residing in the State of Hawaii,


and December 31, 2008, secured by a deed of trust on her Hawaii real estate. At all material


the loan.

///

- 24 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

91. Plaintiff JANA MALONE is an individual residing in the State of Arizona, who


December 31, 2008, secured by a deed of trust on her Arizona real estate. At all material times


loan.

92. Plaintiff PIERRE MARCOTTE is an individual residing in the State of Michigan,


and December 31, 2008, secured by a deed of trust on his Michigan real estate. At all material


the loan.

93. Plaintiff MARLENE GONZALEZ is an individual residing in the State of


January 1, 2003, and December 31, 2008, secured by deeds of trust on her California real estate.


over processing these loans.

94. Plaintiff NAOMI MARTINSEN is an individual residing in the State of Utah,


and December 31, 2008, secured by a deed of trust on her Utah real estate. At all material times


loan.

95. Plaintiff MARVIN MENDONCA is an individual residing in the State of Nevada,




the loan.

96. Plaintiff CARA MCVEY is an individual residing in the State of California, who



- 25 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


loan.

97. Plaintiff DANIEL MELENDEZ is an individual residing in the State of Oregon,




the loan.

98. Plaintiff GERALDINE MOECKEL is an individual residing in the State of


January 1, 2003, and December 31, 2008, secured by a deed of trust on her Arizona real estate.



99. Plaintiff EDGAR MORALES is an individual residing in the State of California,




the loan.

100. Plaintiff DINA MOREAU is an individual residing in the State of Arizona, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 and

December 31, 2008, secured by a deed of trust on her Arizona real estate. At all material times


loan.

101. Plaintiff KEN MORRIS is an individual residing in the State of Kansas, who


December 31, 2008, secured by a deed of trust on his Kansas real estate. At all material times


loan.

///

- 26 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

102. Plaintiff ALAN MOSLEY is an individual residing in the State of California, who


December 31, 2008, secured by deeds of trust on his California real estate. At all material times

hereto, Countrywide has acted as Servicer or some other control capacity over processing these

loans.

103. Plaintiff SOSTENES MURGA is an individual residing in the State of California,




the loan.

104. Plaintiff NOBLE E. LEE is an individual residing in the State of Washington,


and December 31, 2008, secured by deeds of trust on his Washington real estate. At all material


these loans.

105. Plaintiff JOSE NUNEZ is an individual residing in the State of California, who




loan.

106. Plaintiff DONALD OKADA is an individual residing in the State of California,




the loan.

107. Plaintiff JESSE OSBORNE is an individual residing in the State of Arizona, who


December 31, 2008, secured by a deed of trust on his Arizona real estate. At all material times

- 27 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


loan.

108. Plaintiff LUIS PAGES is an individual residing in the State of California, who




loan.

109. Plaintiff MARCELINO PALISOC is an individual residing in the State of





110. Plaintiff CLAYTON PELLETIER is an individual residing in the State of





111. Plaintiff MITCH PERERIA is an individual residing in the State of Nevada, who


December 31, 2008, secured by a deed of trust on his Nevada real estate. At all material times


loan.

112. Plaintiff RICHARD PILLSBURY is an individual residing in the State of Oregon,




the loan.

///

- 28 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

113. Plaintiff HAYDEN POGNI is an individual residing in the State of Hawaii, who


December 31, 2008, secured by a deed of trust on his Hawaii real estate. At all material times


loan.

114. Plaintiff ROGER PREBLE is an individual residing in the State of Utah, who


December 31, 2008, secured by a deed of trust on his Utah real estate. At all material times


loan.

115. Plaintiff CARLOS QUINO is an individual residing in the State of California,




the loan.

116. Plaintiff LORETTA RAYA is an individual residing in the State of California,




the loan.

117. Plaintiff RHONDA CHISHOLM is an individual residing in the State of Nevada,


and December 31, 2008, secured by a deed of trust on her Nevada real estate. At all material


the loan.

118. Plaintiff DANIEL RICHARD is an individual residing in the State of Nevada,



- 29 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


the loan.

119. Plaintiff ROBERT GILBERT is an individual residing in the State of Montana,


and December 31, 2008, secured by a deed of trust on his Montana real estate. At all material


the loan.

120. Plaintiff AUDRA RODRIGUEZ is an individual residing in the State of Virginia,


and December 31, 2008, secured by a deed of trust on her Virginia real estate. At all material


the loan.

121. Plaintiff CESAR RODRIGUEZ is an individual residing in the State of





122. Plaintiff FRANK ROPER is an individual residing in the State of Massachusetts,


and December 31, 2008, secured by a deed of trust on his Massachusetts real estate. At all

material times hereto, Countrywide has acted as Servicer or some other control capacity over


123. Plaintiff HOWARD ROSENTHAL is an individual residing in the State of

Maryland, who borrowed money from Countrywide or its subsidiaries or affiliates between

January 1, 2003, and December 31, 2008, secured by a deed of trust on his Maryland real estate.



///

- 30 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

124. Plaintiff ROGER ROTTLER is an individual residing in the State of California,




the loan.

125. Plaintiff ANGELA SANCHEZ is an individual residing in the State of California,




the loan.

126. Plaintiff SELINA WILDER is an individual residing in the State of California,




the loan.

127. Plaintiff SHARON KING is an individual residing in the State of Washington,


and December 31, 2008, secured by a deed of trust on her Washington real estate. At all material


the loan.

128. Plaintiff JEREMY SHEAFFER is an individual residing in the State of Virginia,


and December 31, 2008, secured by a deed of trust on his Virginia real estate. At all material


the loan.

129. Plaintiff DEBRA SIMPSON is an individual residing in the State of Nevada, who


December 31, 2008, secured by a deed of trust on her Nevada real estate. At all material times

- 31 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


loan.

130. Plaintiff NATHAN SKIVER is an individual residing in the State of California,




the loan.

131. Plaintiff GUILLERMO TABARES is an individual residing in the State of





132. Plaintiff STEPHEN TEICHMAN is an individual residing in the State of





133. Plaintiff FATIMA TENDERRO is an individual residing in the State of





134. Plaintiff TISHARRA SHREIBER is an individual residing in the State of





///

- 32 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

135. Plaintiff TODD GAGNON is an individual residing in the State of California,




the loan.

136. Plaintiff JORGE TORRES is an individual residing in the State of California, who




loan.

137. Plaintiff HWANG TRAN is an individual residing in the State of California, who




loan.

138. Plaintiff RONALD TURNER is an individual residing in the State of Illinois, who


December 31, 2008, secured by a deed of trust on his Illinois real estate. At all material times


loan.

139. Plaintiff ROSEMARY TURNER is an individual residing in the State of





140. Plaintiff JOHN URTIAGA is an individual residing in the State of California,



- 33 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


the loan.

141. Plaintiff THOMAS VAN DUSEN is an individual residing in the State of





142. Plaintiff NELDA VARGAS is an individual residing in the State of California,




the loan.

143. Plaintiff LINDA VULAJ is an individual residing in the State of California, who




loan.

144. Plaintiff RIK WAHLRAB is an individual residing in the State of California, who




loan.

145. Plaintiff PHILIP WARMANEN is an individual residing in the State of Florida,


and December 31, 2008, secured by a deed of trust on his Florida real estate. At all material


the loan.

///

- 34 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

146. Plaintiff CHRISTIAN WELLMAN is an individual residing in the State of





147. Plaintiff MARK WHITEHEAD is an individual residing in the State of





148. Plaintiff DARNELL WYRICK is an individual residing in the State of California,


and December 31, 2008, secured by deeds of trust on his California real estate. At all material


these loans.

149. Plaintiff MAZIAR ABRISHAMIAN is an individual residing in the State of





150. Plaintiff JULIE BLACKLEY is an individual residing in the State of Utah, who




loan.

151. Plaintiff DUANE BLEDSOE is an individual residing in the State of Nevada,



- 35 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


the loan.

152. Plaintiff MARK CAIRA is an individual residing in the State of Massachusetts,




the loan.

153. Plaintiff DAVID DELGADO is an individual residing in the State of California,




the loan.

154. Plaintiff CLYDE DODSON is an individual residing in the State of California,




the loan.

155. Plaintiff EVELYN HERRERA is an individual residing in the State of California,




the loan.

156. Plaintiff BACHHONG KHONG is an individual residing in the State of Nevada,




the loan.

///

- 36 -

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

157. Plaintiff LOUIE LEWIS is an individual residing in the State of California, who




loan.

158. Plaintiff JOEL LIEBKE is an individual residing in the State of California, who

borrowed money from Count

7 8 9 10 11 12 13 14 - freedom school -...

Documents