Racketeering charge against Bank of America

8/11/2019 Racketeering charge against Bank of America

1/92

IN THE UNITED STATES DISTICT COURT

FOR THE DISTRICT OF ARIZONA

CHRISTOPHER STOLLER, )

))

Plaintiff, )

)

v. ) No. 2:12C!1"#$

)

%AN& OF NE' (OR& ELLON TRUST CO., )

a finan*ial in+tittion, )

RO%ERT P. &ELL(, )

in-ivi-all an- in /i+ offi*ial *a0a*it, )

ERALD L. HASSELL, )

in-ivi-all an- in /i+ offi*ial *a0a*it, )THOAS P. I%%ONS, )


CARL &RASI&, )


%AN& OF AERICA, )


'ALTER E. ASSE(, )


OE PRICE, )


%RIAN T. O(NIHAN, )in-ivi-all an- in /i+ offi*ial *a0a*it, )

COUNTR('IDE %AN& N.A., )

OHN HALL 3 ASSOCIATES, )

RECONSTRUCT COPAN(, N.A., )

a N4va-a *o50o5ation )

%R(AN CA!E, LLP, an A5i6ona la7 fi58, )

STE!EN R. SITH, an Illinoi+ atto5n4, )

ICHAEL 'ERICH, an Illinoi+ atto5n4, )

THOSE CALLA'A(S PC., an A5i6ona )

05of4++ional *o50o5ation, )

OANN CALLA'A(, in-ivi-all an- in /45 )

offi*ial *a0a*it, )

OSEPH CALLA'A(, in-ivi-all an- in /i+ )

offi*ial *a0a*it, )

&ELL( CALLA'A(, in-ivi-all an- in /i+ )

offi*ial *a0a*it, )

THOAS, THOAS 3 AR&SON, P.C., )

!ERIFIED COPLAINT FOR

DECLARATOR( AND INUNCTI!E

RELIEF AND DAAES FRO

RAC&ETEERIN, CONSPIRAC( TO

ENAE IN A PATTERN OF

RAC&ETEERIN ACTI!IT(, AND

RELATED CLAIS9

UR( DEANDED:

1 U.S.C. 1;4na*t4- @ Con?54++ S04*ifi*R4+45vation+)in pari materia7it/ t/4S0548a* Cla+4 in t/4U.S. Con+tittion an- Civil Ri?/t+

Ca+4


2/92

an A5i6ona 05of4++ional *o50o5ation, )

NEAL %. THOAS, E+i54, in-ivi-all an- )

in /i+ offi*ial *a0a*it, )

LEONARD STREET, in-ivi-all, )

DONNA STREET, in-ivi-all, )STEPHEN E. STERRET, in-ivi-all, )

%ETT( L. STERRETT, in-ivi-all, )

THE LA' FIR OF ILES, %AUER, )

%ERSTRO 3 'INTERS LLP., 4t. al.,)

in-ivi-all an- in t/4i5 offi*ial *a0a*iti4+., )

SHERRIFF OE ARPAIO, )

in-ivi-all an- in /i+ offi*ial *a0a*it, an- )

OHN DOES 1 1#, )

)

D4f4n-ant+. )

NOTICE OF FILIN

TO: Atta*/4- S45vi*4 Li+t

PLEASE TAKE NOTICE that on n4 11, 2#12, there was filed with the Clerk of theCourt, Sandra Day OConnor Courthouse, !" #$ #ashin%ton Street, Ste$ "&!, SPC", Phoeni',A( )*!!&, the atta+hed 1) !ERIFIED COPLAINT FOR DECLARATOR( AND INUNCTI!ERELIEF AND DAAES FRO RAC&ETEERIN, CONSPIRAC( TO ENAE IN A PATTERN OF

RAC&ETEERIN ACTI!IT(, AND RELATED CLAIS$

I +ertify that the fore%oin% was -ailed .ia first +lass -ail onBBBBBBBBBBBBBBBB, 2#12,to the /arties listed, with the 0$S$ Postal Ser.i+e with /ro/er /osta%e /re/aid$

Aaron PennaAttorney for Plaintiff*"1! #$ Sunnyside A.enueChi+a%o, IL 1!1&!23145 64)71!!1


3/92

SER!ICE LIST

8o9ert P$ Kelly:erald L$ ;assell

Tho-as P$ :i99onsCarl Krasikellon Trust Co$"!" $ Do-eyerT$ Cros9yL$ ?aBueD$ Carter:$ Corena#$ 8ash8$ ?un%$ Pha-K$ Nielson>$ orlan

K$ #e99$ See9a+h>iles, i+hael #eri+h


4/92

IN THE UNITED STATES DISTICT COURT

FOR THE DISTRICT OF ARIZONA

CHRISTOPHER STOLLER, )

))

Plaintiff, )

)

v. ) No. 2:12C!1"#$

)

%AN& OF NE' (OR& ELLON TRUST CO., )


RO%ERT P. &ELL(, )


ERALD L. HASSELL, )

in-ivi-all an- in /i+ offi*ial *a0a*it, )THOAS P. I%%ONS, )


CARL &RASI&, )


%AN& OF AERICA, )


'ALTER E. ASSE(, )


OE PRICE, )


%RIAN T. O(NIHAN, )


COUNTR('IDE %AN& N.A., )

OHN HALL 3 ASSOCIATES, )

RECONSTRUCT COPAN(, N.A., )

a N4va-a *o50o5ation )

%R(AN CA!E, LLP, an Illinoi+ la7 fi58, )

STE!EN R. SITH, an Illinoi+ atto5n4, )

ICHAEL 'ERICH, an Illinoi+ atto5n4, )

THOSE CALLA'A(S PC., an A5i6ona )

05of4++ional *o50o5ation, )

OANN CALLA'A(, in-ivi-all an- in /45 )

offi*ial *a0a*it, )

OSEPH CALLA'A(, in-ivi-all an- in /i+ )

offi*ial *a0a*it, )

&ELL( CALLA'A(, in-ivi-all an- in /i+ )

offi*ial *a0a*it, )

THOAS, THOAS 3 AR&SON, P.C., )

!ERIFIED COPLAINT FOR

DECLARATOR( AND INUNCTI!E

RELIEF AND DAAES FRO

RAC&ETEERIN, CONSPIRAC( TO

ENAE IN A PATTERN OF

RAC&ETEERIN ACTI!IT(, AND

RELATED CLAIS9

UR( DEANDED:

1 U.S.C. 1;4na*t4- @ Con?54++ S04*ifi*R4+45vation+)in pari materia7it/ t/4S0548a* Cla+4 in t/4U.S. Con+tittion an- Civil Ri?/t+

Ca+4


5/92

an A5i6ona 05of4++ional *o50o5ation, )

NEAL %. THOAS, E+i54, in-ivi-all an- )

in /i+ offi*ial *a0a*it, )

LEONARD STREET, in-ivi-all, )

DONNA STREET, in-ivi-all, )STEPHEN E. STERRET, in-ivi-all, )

%ETT( L. STERRETT, in-ivi-all, )

THE LA' FIR OF ILES, %AUER, )

%ERSTRO 3 'INTERS LLP., 4t. al.,)

in-ivi-all an- in t/4i5 offi*ial *a0a*iti4+., )

SHERRIFF OE ARPAIO, )

in-ivi-all an- in /i+ offi*ial *a0a*it, an- )

OHN DOES 1 1#, )

)

D4f4n-ant+. )

!ERIFIED COPLAINT FOR DECLARATOR( AND INUNCTI!E RELIEF

AND DAAES FRO RAC&ETEERIN, CONSPIRAC( TO ENAE IN

A PATTERN OF RAC&ETEERIN ACTI!IT(, AND RELATED CLAIS

COES NO'Plaintiff, Christo/her Stoller 2HStoller5, a 1&7year old disa9led /erson,

and in-ate at the Di'on Corre+tional Center in Di'on, Illinois, throu%h his a%ent, Leo Stoller"

2HPlaintiffs A%ent5 and 9y and throu%h Plaintiffs attorney, Aaron Penna, and in su//ort of this

Co-/laint states as follows

NATURE OF ACTION

"$ Plaintiff and@or Plaintiffs A%ent, 9rin%s this a+tion /ursuant to the 8a+keteerin%

Influen+ed and Corru/t Or%aniations A+t, ") 0$S$C$ J "61" et seB$, the Truth in Lendin% A+t, "*

0$S$C$ J "1!" et seB$, and /ursuant to state law to re+o.er da-a%es sustained as a result of a

+ontinuin% ra+keteerin% /attern and /ra+ti+e of unlawful, unfair, de+e/ti.e and fraudulent a+ts

and o-issions arisin% out of a -ort%a%e fore+losure s+he-e, in.ol.in% failure to /ro.ide loan

-edi+ations, fore+losin% without noti+e, ro9o7si%ners e'e+utin% /hony land trust a%ree-ents and

"Leo Stoller, Christo/her Stollers 9rother has the /ower, as Plaintiffs a%ent, to +o--en+e and liti%ate this a+tionon Plaintiffs 9ehalf, throu%h a Power of Attorney %ranted 9y Christo/her Stoller to hi- 2see a true and +orre+t +o/yof the atta+hed Power of Attorney, -arked as E/i@it "#to this Co-/laint5$


6/92

deeds, 9rin%in% fraudulent for+i9le detainer a+tions without noti+e a%ainst sha- defendants and

/rose+utin% fraudulent for+i9le detainer a+tions 9efore state +ourt ud%es when, the +ourt had no

urisdi+tion, sin+e the +ase had 9een re-o.ed to federal +ourt$

INTRODUCTION

3$ This is a +i.il a+tion for 8ICO re-edies authoried 9y the federal statutes at ")

0$S$C$ "61" et seq. for de+laratory and inun+ti.e relief for a+tual, +onseBuential and e'e-/lary

da-a%es and for all other relief whi+h this honora9le Court dee-s ust and /ro/er under all

+ir+u-stan+es whi+h ha.e o++asioned this initial +o-/laint$ See") 0$S$C$ JJ "612a5 and 2+5

2HCi.il 8ICO5$

&$ The /ri-ary +ause of this a+tion is a wides/read +ri-inal enter/rise, and

-ort%a%e fore+losure fraud$ The Defendants are en%a%ed in a /attern of ra+keteerin% a+ti.ity

a+ross State lines, and a +ons/ira+y to en%a%e in ra+keteerin% a+ti.ity in.ol.in% nu-erous 8ICO

/redi+ate a+ts, whi+h ha.e not 9een /re.iously /led 9y the Plaintiff in any other +o-/laint$

$ The /redi+ate a+ts alle%ed here +luster around a /attern of +ri-inal -ort%a%e

fore+losure fraud, Hro9o si%nature on a deed2s5, fraudulent trustee sales of /ro/erty without

noti+e, filin% fraudulent for+i9le detainer a+tion 2>ari+o/a Case No$ !6)3!5, under the +olor of

law, a%ainst a sha- /arty, 8ae 8i9adeneira 2H8i9adeneira5, and seiin% /ro/erty unlawfully$

The /ro/erties whi+h are the su9e+t of this liti%ation are 2="$ N. 112t/ 'a, S*ott+-al4,

A5i6ona, 2


7/92

hereinafter referred to as the HPro/erties and@or HPlaintiffs Pro/erties5$ Plaintiffs knew or

should ha.e known that 8i9adeneira was not in /ossession of Pro/erty 3 when the fraudulent

for+i9le detainer a+tion 2>ari+o/a County Case No$ C73!"!7!6)3!5 was 9rou%ht forth$

Pro/erty 3, Pro/erty &, and Pro/erty were fraudulently sold, without noti+e to the Plaintiff and

the trust deeds of said /ro/erties were si%ned 9y ro9o7si%ners, who had no authority to si%n the

deeds, and unlawfully and fraudulently transferred the /ro/erties fro- the Christo/her Stoller

Pension and Profit Sharin% Plan 2HCSPPSP5$ Defendants, Those Callaways, and their attorney,

Neal Tho-as, then listed the unlawfully fore+losed /ro/erty for sale 9y usin% a fraudulent trustee

deed e'e+uted 9y an unauthoried ro9o7s%iner2s5$

*$ It is a -atter of /u9li+ re+ord that


8/92

furtheran+e of the s+he-es +onstitutes -ail fraud, in .iolation of ") 0$S$C$ J "&", a

Hra+keteerin% a+ti.ity within the -eanin% of ") 0$S$C$ J "61"2"5$

6$ The interstate wires were si-ilarly used to soli+it +usto-ers and to /ro-ise loan

-odifi+ations in furtheran+e of Defendants fraudulent s+he-e and ea+h use +onstitutes wire

fraud in .iolation of ") 0$S$C$ J "&&, is a Hra+keteerin% a+ti.ity within the -eanin% of 0$S$C$

J "61"2"5$

"!$ The a+ts of ra+keteerin% a+ti.ity, +onsistin% at least in the +ontinuin% -ailin%s to

and fro- thousands of +usto-ers, 9oth the Plaintiff and, u/on knowled%e and 9elief, -any

others, +onstitute a H/attern within the -eanin% of ") 0$S$C$ J "61"2*5$

""$ Plaintiff has 9een inured in his /ro/erty as a result of Defendants .iolation of ")

0$S$C$ J "612+5, 9y his re+ei/t of the de+e/ti.e -ailin%s, soli+itations, and threatenin% letters,

a-on% other ways, and is thus entitled to re+o.er threefold the da-a%es he has sustained /lus the

+osts of this suit, in+ludin% a reasona9le attorneys fee$

!ENUE AND URISDICTION

"3$ This honora9le Su/erior Court has ori%inal urisdi+tion /ursuant to the +i.il 8ICO

re-edies at ") 0$S$C$ "61, and the holdin%s of the 0$S$ Su/re-e Court in Tafflin .$ Le.itt, 6&

0$S$ ** 2"66!5$

"&$ Defendants +aused inury to Plaintiff, whi+h o++urred within >ari+o/a County,

Ariona, out of whi+h this Co-/laint arises$

"$ This Court has urisdi+tion o.er this a+tion /ursuant to 3) 0$S$C$ J "&&", "*

0$S$C$ J "1! et seB$, and ") 0$S$C$ J "61" et seB$, and has su//le-ental urisdi+tion o.er the

state law +lai-s /ursuant to 3) 0$S$C$ J "&14$


9/92

"*$ enue lies in this Distri+t /ursuant to the /ro.isions of 3) 0$S$C$ J "&6"295 and

") 0$S$C$ J "61*2a5 in that Defendants ha.e transa+ted 9usiness of a su9stantial and +ontinuous

+hara+ter in this Distri+t, Defendants are su9e+t to /ersonal urisdi+tion in this distri+t, and a

su9stantial /art of the e.ents or o-issions %i.in% rise to these +lai-s o++urred in this Distri+t$

Additionally, the ends of usti+e reBuire that Defendants 9e 9rou%ht 9efore the Court /ursuant to

") 0$S$C$ J "61*295$

"1$ This +lai- in.ol.es real /ro/erty title in whi+h the a-ount in +ontro.ersy e'+eeds

3!,!!!,!!! therefore, urisdi+tion is /ro/er$

"4$ A++ordin%ly, urisdi+tion and .enue are /ro/er in this Court$

PARTIES

")$ Plaintiff, C;8ISTOP;E8 STOLLE8, 137years old, is a disa9led in-ate at the

Di'on Corre+tional Center in Illinois, and at all ti-es herein -entioned, and is hereinafter

referred to as HPlaintiff or HStoller$ Plaintiff is a +itien of the state of Illinois$

Defendants Directly Involved in Scheme to Defraud

"6$ Defendant, ELLON T80ST CO$, 2also referred to as

H


10/92

e-/loyees under his +ontrol$ Defendant, 8o9ert P$ Kelly, is lia9le in his indi.idual +a/a+ity and

under the do+trine of respondeat superior.

3"$ Defendant, :E8ALD L$ ;ASSELL 2H;assell5, indi.idually and in his offi+ial

+a/a+ity, u/on infor-ation and 9elief, is at all ti-es herein -entioned, the President of


11/92

Ariona$

3*$ Defendant, #ALTE8 E$ >ASSE= 2H>assey5, indi.idually and in his offi+ial

+a/a+ity, u/on infor-ation and 9elief, is at all ti-es herein -entioned, Chair-an of


12/92

36$ Defendant, ?O;N ;ALL F ASSOCIATES, ?ohn ;all F Asso+iates is a real

estate a%en+y lo+ated at ""3"" N$ Tatu-


13/92

&*$ Defendant, the law fir- of T;O>AS, T;O>AS F >A8KSON, P$C$, and

attorney, NEAL AS 2HTho-as5, indi.idually and his offi+ial +a/a+ity, lo+ated at 34!!

N$ Central A.enue, Ste )!!, Phoeni', Ariona )*!!$

&1$ Defendants, LEONA8D ST8EET and DONNA ST8EET, as indi.iduals,

/ur+hased Pro/erty , lo+ated at 4)1"1 North "*th Lane, New 8i.er, A( )*!)47)!**, at a

fraudulent fore+losure sale$

&4$ Defendants, STEP;EN E$ STE88ET and


14/92


15/92

*$ The Enter/rise shares the +o--on /ur/ose of 2a5 identifyin% .ulnera9le /otential

ho-e owners and tar%etin% the- for -ort%a%es and ho-e loans and %eneratin% -ort%a%es with

the intent to defraud /otential -ort%a%ors and e.entually unlawfully fore+lose on their

/ro/erties 295 %eneratin% relatin% ho-e loans for the /ur/ose of unlawfully o9tainin% the

/ro+eeds and unreasona9le fees asso+iated with the ho-e loans and se+ond -ort%a%es and, 2+5

assi%nin% and sellin% -ort%a%es on the se+ondary -ort%a%e -arket in order to o9tain funds and

a.oid the risk of non7/ay-ent 9y 9orrowers after theyd dis+o.ered they are .i+ti-s of a

-ort%a%e loan s+a-, then unlawfully fore+losin% on the /ro/erties, %eneratin% fraudulent trust

deeds e'e+uted 9y unauthoried ro9o7si%ners, e.i+tin% the owners and@or renters without /ro/er

noti+e, re7sellin% the /ro/erties to third7/arties, re7finan+in% the /ro/erties and unlawfully

fore+losin% and@or resellin% the /ro/erties to third7/arties$

1$ The Enter/rise also has and had an e'isten+e and e+ono-i+ %oal se/arate fro- the

/attern of ra+keteerin% a+ti.ity in that Defendants

2a5


16/92

2%5 #alter E$ >assey, was at ti-es /ur/ortin% to en%a%e in le%al a+ti.ity of-ana%in%


17/92

2s5 Kelly Callaway, an e-/loyee of Those Callaways, PC, was at ti-es/ur/ortin% to en%a%e in the le%iti-ate 9usiness and le%al a+ti.ity as a realestate 9roker,

2t5 Tho-as, Tho-as F >arkson, P$C$, was at ti-es /ur/ortin% to 9e en%a%edin the le%iti-ate 9usiness and le%al a+ti.ity of a law fir-,

2u5 Neal arksonP$C$, law fir-, and,

2.5 The law fir- of >iles, assey, de.ised

and dire+ted the -ort%a%e fore+losure s+he-e with the a%ree-ent and /arti+i/ation of attorneys

S-ith, #eri+h and their law fir-


18/92

-arked as E/i@it 1 and E/i@it 2, res/e+ti.ely, in su//ort of the alle%ations raised in this

+o-/laint5$

6$ Neal arkson, P$C$ and its attorney, Neal


19/92

0nited States 9y other /ersons asso+iated7in7fa+t with the Enter/rise in .iolation of ") 0$S$C$ J

3$ As /art of the on%oin% -ort%a%e fore+losure s+he-e, Those Callaways, and their attorney,

Neal


20/92

Enter/rise was en%a%ed in, and the a+ti.ities of whi+h su9stantially affe+ted, interstate

+o--er+e, did unlawfully, willfully and knowin%ly +o-9ine, +onfederate, +ons/ire and a%ree

to%ether and with others to .iolate "), 0$S$C$ J "6132+5 and to +ondu+t and /arti+i/ate, dire+tly

and indire+tly, in the +ondu+t of the affairs of that Enter/rise throu%h a /attern of ra+keteerin%

a+ti.ity, as that ter- is defined in ") 0$S$C$ JJ "61"2"5 and "61"2*5, 9y the +o--ission of

-ulti/le ra+keteerin% a+ts, as set forth 9elow, all in .iolation of ") 0$S$C$ J "6132d5$

*4$ Defendant Countrywide inan+ial and@or its a%ents and e-/loyees en%a%ed and

+ons/ired in an on%oin% -ort%a%e fore+losure s+he-e to defraud nu-erous unBualified

/ros/e+ti.e ho-eowners to fraudulently indu+e the- to enter into -ort%a%es whi+h Countrywide

knew or should ha.e known that /otential -ort%a%ers would 9e una9le to /ay or -eet their

finan+ial +o--it-ents in order to resell or re/a+ka%e the- for third7/arty in.estors$ The

/resident of Countrywide inan+ial was fined o.er 1! -illion for his fraudulent lendin%

/ra+ti+es$

*)$ Defendant


21/92

*6$ Defendants -ade nu-erous -isre/resentations to the .i+ti-s, whi+h in+lude

8i9adeneira and Plaintiffs /rede+essor in interest, indu+in% the- to enter into -ort%a%e

+ontra+ts s/e+ifi+ally with res/e+t to the nature of the interest rates whi+h were to 9e /aid$

Defendants


22/92

+ons/irator


23/92

and atte-/tin% to e'e+ute the s+he-e and artifi+e to defraud, as -ore fully des+ri9ed a9o.e, and

for o9tainin% -oney and /ro/erty, did -ake use of interstate wires, in .iolation of ") 0$S$C$ J

"&& 2#ire raud5, in+ludin%, 9ut not li-ited to sendin% and@or re+ei.in% loan /ro+eeds throu%h

interstate wires and sendin% and@or re+ei.in% +ertain do+u-ents throu%h interstate /hone 2fa'5

lines$

1)$ Ea+h of the aforesaid -ailin%s and wire transfers were -ade in furtheran+e of the

s+he-e to defraud alle%ed in the Co-/laint$ Defendants knew of or authoried su+h -ailin%s

and wire transfers and knew that they were -ade in furtheran+e of and for the /ur/ose of

e'e+utin% the s+he-e or were in+idental to an essential /art of the s+he-e$

16$ In addition to the Plaintiff herein, Defendants ha.e +o--itted fraud on other

/arties and unso/histi+ated 9orrowers$ See, e.g., >ason .$ ieldstone >ort%a%e, No$ !! C !33)

20$S$ Dist$ N$D$ Ill$5 :rut-a+her .$ New Look ;o-e Ser.i+es, In+$, !3 P 31"" 2Cir+uit Court

of Cook County, Illinois5$ Thousands of additional .i+ti-s ha.e +o-/lained to the Ariona

attorney %enerals offi+e and the Illinois attorney %enerals offi+e, /ro-/tin% the nationwide

attorney %enerals to sue the Defendants 9ased on their fraudulent fore+losure /ra+ti+es 2see

E/i@it+ 1 F 2, /ro-/tin% the Ariona attorney to sue ay 3, 3!!1, Countrywide, as lender, entered a deed of trust on

Pro/erty ", a sin%le7fa-ily residen+e, whi+h in+or/orated an adusta9le rate rider 2see atta+hed a

true and +orre+t +o/y -arked as E/i@it =5$

4"$ On or a9out ?uly "3, 3!!1, Countrywide, as lender, entered a deed of trust on

Pro/erty 3, a sin%le7fa-ily residen+e, whi+h in+or/orated an adusta9le rate rider 2seeatta+hed a

true and +orre+t +o/y -arked as E/i@it 5$


24/92


25/92

insuffi+ient to +o.er all of the a++rued interest, whi+h un/aid interest is added to the /rin+i/al

a-ount of the loan, resultin% in ne%ati.e a-ortiation$ Of +ourse, sin+e the first years /ay-ents

are 9ased on an interest rate * to 1 9elow the a++ruin% interest rate, the /rin+i/al 9alan+e

owed %rows Bui+kly throu%h added un/aid interest$

4)$ The -onthly /ay-ent then is adusted annually, to .ary no -ore than 4$* fro-

the /re.ious -onthly /ay-ent, for the first ten years of the loan$ At the tenth year, the /ay-ent

would 9e Hre+ast to 9e fully a-ortiin%, +ausin% a su9stantial u-/ in the /ay-ent a-ount$

46$ ;owe.er, the loan 9alan+e also has a ne%ati.e a-ortiation +a/ of ""* of the

ori%inal /rin+i/al of the loan, so that should the /rin+i/al 9alan+e rea+h the +a/, the -onthly

/ay-ent is i--ediately raised to the fully a-ortiin% le.el 2i.e.,all /ay-ents after the date the

+a/ is rea+hed -ust 9e suffi+ient to /ay off the new 9alan+e o.er the re-ainin% life of the loan5,

+ausin% a si%nifi+ant u-/ in the -onthly /ay-ent$

)!$ 8e%ulations /ro-ul%ated 9y the ederal 8eser.e


26/92

dan%ers of this ty/e and other nontraditional -ort%a%e loan /rodu+ts, s/e+ifi+ally notin% the

dan%er of lenders and 9rokers e'tendin% adusta9le rate -ort%a%es without suffi+ient dis+losure

or with -isleadin% dis+losures re%ardin% the loans adusta9le nature$ See Intera%en+y :uidan+e,

4" ed$ 8e%$ *)1"& *)1")$

)3$ In li%ht of the in+reased risks /osed 9y nontraditional -ort%a%e loans, in+ludin%

the -ort%a%e here, the Intera%en+y :uidan+e e-/hasied the need to HeQnsure that +onsu-ers

ha.e suffi+ient infor-ation to +learly understand loan ter-s and asso+iated risks /rior to -akin%

a /rodu+t +hoi+e$ 4" ed$ 8e%$ at *)1"&$

)&$ On Se/te-9er "6, 3!!), the /rior owners of Pro/erty " Buit +lai-ed all their

ri%ht, title, and interest in said /ro/erty to the CSPPSP 2see atta+hed a true and +orre+t +o/y of

Buit +lai- deed -arked as E/i@it $5$ On ?anuary "!, 3!!6 CSPPSP assi%ned to Plaintiff and@or

Plaintiffs A%ent, any +lai-s arisin% or related to said /ro/erty and the ri%ht to /ursue su+h

+lai-s, a%ainst, a-on% others, any finan+ial institutions, 9y Buit +lai- deed and written

a%ree-ent 2see atta+hed a true and +orre+t +o/y of Buit +lai- deed -arked as E/i@it 5$

)$ On O+to9er "1, 3!!), the /rior owners of Pro/erty & Buit7+lai-ed all their ri%ht,

title, and interest in said /ro/erty to CSPPSP, and assi%ned CSPPSP any +lai-s arisin% or related

to said /ro/erty and the ri%ht to /ursue su+h +lai-s, a%ainst, a-on% others, any finan+ial

institutions, 9y Buit +lai- deed and written a%ree-ent, 2see atta+hed a true and +orre+t +o/y of

Buit +lai- deed and assi%n-ent of +auses of a+tion -arked as E/i@it ; and E/i@it 1#,

res/e+ti.ely5$ The CSPPSP assi%ned to Plaintiff and@or Plaintiffs A%ent any +lai-s arisin% or

relatin% to the Pro/erties 2see atta+hed a true and +orre+t +o/y of assi%n-ent of +auses of a+tion

-arked as E/i@it 115$


27/92

)*$ On O+to9er 3!, 3!!), the /rior owners of Pro/erty 3 Buit7+lai-ed all their ri%ht,

title, and interest in said /ro/erty to the CSPPSP, and assi%ned to the CSPPSP any +lai-s arisin%

or related to said /ro/erty and the ri%ht to /ursue su+h +lai-s, a%ainst, a-on% others, any

finan+ial institutions, 9y Buit +lai- deed and written a%ree-ent 2see atta+hed a true and +orre+t

+o/y of Buit +lai- deed and assi%n-ent of +auses of a+tion -arked as E/i@it 12and E/i@it

1", res/e+ti.ely5$ On e9ruary "3, 3!"!, the CSPPSP assi%ned to Plaintiff all +lai-s arisin% or

related to said /ro/erty and the ri%ht to /ursue su+h +lai-s, a%ainst, a-on% others, and any

finan+ial institution, 9y Buit +lai- deed 2see atta+hed a true and +orre+t +o/y of Buit +lai- deed

-arked as E/i@it 1=5$

)1$ Plaintiffs A%ent filed a lawsuit in Cook County, Illinois, Case No$ !6 L !"4&),

Leo Stoller v. Countrywide Financial, et. al. This +ase is a se/arate and distin+t +ause of a+tion

fro- this a+tion$ This +ase in.ol.es different /arties and a different +ause of a+tion$

)4$ A noti+e of lis pendenswas filed with the 8e+order of Deeds in >ari+o/a County,

+itin% Pro/erty", Pro/erty 3 and Pro/erty & 2seeatta+hed true and +orre+t +o/ies of lis pendens

for ea+h /ro/erty -arked as %rou/ E/i@it 15$

))$ The Plaintiffs A%ent, after filin% the Co-/laint in Case No$ !6 L !"4&), was in

dire+t +onta+t with Defendants, S-ith and #eri+h$ Plaintiffs A%ent infor-ed these Defendants

that


28/92

fore+losure$ The afore-entioned Defendants had an o9li%ation under the Illinois and Ariona

8ules of Professional Condu+t, Illinois and Ariona law, to -ake sure that the Plaintiff was

lawfully %i.en noti+e of any fore+losure /ro+eedin% takin% /la+e on the Pro/erties whi+h were

the su9e+t of the liti%ation in Case No$ !6 L !"4&)$

6!$ Plaintiffs A%ent ad.ised these Defendants that if the Pro/erties were sold without

due /ro+ess and /ro/er noti+e to the Plaintiff, that would rise to a se/arate and distin+t +ause of

a+tion and that Plaintiffs A%ent would file a se/arate -ulti7-illion dollar a+tion a%ainst the-

2see atta+hed a true and +orre+t +o/ies of +orres/onden+e sent to and re+ei.ed 9y illion, One7

;undred, Thirteen7Thousand, Se.en7;undred ifty and No@"!! Dollars5$

6&$ Pro/erty 3 was sold unlawfully and without noti+e durin% the /enden+y of Case

No$ !6 L !"4&)$ Defendants had an o9li%ation to %i.e /ro/er noti+e to and infor- the Plaintiff

of the /endin% fore+losure sale$ This unlawful fore+losure sale %i.es rise to an entirely new


29/92

+ause of a+tion, whi+h is 9ein% 9rou%ht in this new +ase, whi+h is se/arate, and a/art fro- the

/rior Chan+ery +ase in.ol.in% new /arties$

6$ The sale of the Pro/erty 3 was -ade 9y an unlawful trustee deed si%ned 9y a

ro9o7si%ner listin% the seller as 8i9adeneira 2seeatta+hed a true and +orre+t +o/y of the >ari+o/a

County Ta' 8e/ort, -arked as E/i@it 1)$ 8i9adeneira had Hno interest in the /ro/erty,

ha.in% /re.iously sold it to CSPPSP$

6*$ At the ti-e of the fore+losure sale, 8i9adeneira was not the owner of the /ro/erty

and any deed transferrin% title fro- a non7owner to a third /arty is .oid ab initio. The owner of

the /ro/erty on e9ruary ), 3!"!, was the CSPPSP$

61$ The CSPPSP has assi%ned all +lai-s and +auses of a+tion re%ardin% all his

Pro/erties to Plaintiffs A%ent under the do+trine of Assi%n-ent of Cause of A+tion 2seeatta+hed

E/i@it 115, as well known to defendants i+hael #eri+h, and the law fir- of


30/92

6)$ Illinois attorney %eneral, Lisa >adi%an, has filed a law suit alon% with * other

attorney %enerals a%ainst Defendant assa+husetts attorney %eneral, >artha Coakley, filed a lawsuit a%ainst Defendant, i+hael #eri+h,


31/92

A-eri+a, 8e+onstru+t Co, Countrywide inan+ial, #alter E$ >assey, ?oe Pri+e and oynihan with the +o--ission of a tort$&

"!"$ Defendant oynihan CEO of Defendant


32/92

Stone utilied the ser.i+es of Countrywide, a notoriously de+e/ti.e trade /ra+ti+e institution, to

o9tain finan+in%

2a5 Durin% the +ourse of the loan ne%otiation and +o-/letion of the loana//li+ation, Countrywide, throu%h its a%ents and@or e-/loyees, asked Stone to state hisin+o-e, and Stone a++urately /ro.ided his in+o-e$ Countrywide, howe.er, +hose toi%nore the fi%ure /ro.ided 9y Stone and instead, Countrywide su9-itted the loan u/on afraudulently inflated stated in+o-e fi%ure in order to Bualify Stone for the loan$ Su+hin+o-e was false, 9ut was su9-itted to their underwritin% de/art-ents 9y theirauthoried loan re/resentati.es, in+ludin% DOES " throu%h 3!, knowin% that su9-issionof the loans 9ased u/on that Stones a+tual in+o-e would lead to a denial of thea//li+ation for the loan$ The underwriters at Countrywide did not e'a-ine the /ro.idede.iden+e of a+tual in+o-e, +hoosin% instead to use a 9lind eye in order to a//ro.e theloan$ At all ti-es rele.ant, Countrywide was +o-/letely un+on+erned with the suita9ility

of the loan for Stone, or whether or not he would fail in -akin% /ay-ents as the loan wasdesi%ned for resale to 9e se+uritied as /art of a /ool of +ollateral of #all Street 9ondssold for the -ost /art to unwittin% in.estors o.erseas in I+eland, Norway and China$Thus, the loan underwriters took no a+tion toward +o-/letin% a fully do+u-ented loanfile or .erifi+ation of Stones in+o-e$ The -ana%e-ent of Countrywide so instru+ted theunderwriters, as they knew they were takin% no risk and would -ake a lar%e /rofit on%eneratin% the loan and another lar%e /rofit in sellin% it off to 9e se+uritied$

"!$ On or a9out ?uly "3, 3!!1, Countrywide doin% 9usiness as A-eri+as #holesale

Lender, as lender, entered a deed of trust on a sin%le fa-ily residen+e, Pro/erty 3, on 9ehalf of

the ori%inal owner, 8i9adeneira 2see atta+hed E/i@it 5$

"!*$ On or a9out ?uly 34, 3!!1, Countrywide as lender and 9enefi+iary entered a deed

of trust on a sin%le7fa-ily residen+e, Pro/erty &, on 9ehalf of the ori%inal owner, 8i9adeneira

2see atta+hed E/i@it


33/92

"!4$ Countrywide -arketed and sold loan /rodu+ts that were 9oth finan+ially risky and

diffi+ult for 9orrowers to understand, in+ludin% adusta9le7rate -ort%a%es, where the interest rate

is adusted /eriodi+ally in relation to a s/e+ified inde'$

"!)$ The Countrywide -ort%a%es se+ured 9y said /ro/erties are adusta9le rate

-ort%a%es, su9e+t to -onthly interest rate adust-ents, 9ased on the "37-onth a.era%e of the

annual yields on a+ti.ely traded 0nited States Treasury Se+urities adusted to a +onstant -aturity

of one year as /u9lished 9y the ederal 8eser.e


34/92


35/92

""*$ In li%ht of the in+reased risks /osed 9y nontraditional -ort%a%e loans, in+ludin%

the -ort%a%e here, the Intera%en+y :uidan+e e-/hasied the need toHeQnsure that +onsu-ers

ha.e suffi+ient infor-ation to +learly understand loan ter-s and asso+iated risks /rior to -akin%

a /rodu+t +hoi+e$ 4" ed$ 8e%$ at *)1"&$

""1$ The Intera%en+y :uidan+e further re+o%nied the likelihood of /ay-ent sho+k

and e-/hasied the need for lendin% institutions to -aintain Bualifi+ation standards that in+lude

a +redi9le analysis of a 9orrowers +a/a+ity to re/ay the full a-ount of the +redit e'tended at the

fully inde'ed rate, rather than usin% dis+ounted /ay-ents in Bualifyin% 9orrowers$ 4" ed$ 8e%$

at *)1""$

""4$ On or a9out Se/te-9er "6, 3!!), Stone Buit7+lai-ed all his ri%ht, title, and

interest in Pro/erty " to the CSPPSP and the CSPPSP assi%ned to Plaintiff any +lai-s arisin% or

related to said /ro/erty and the ri%ht to /ursue su+h +lai-s, a%ainst, a-on% others, any finan+ial

institutions, 9y Buit +lai- deed and written a%ree-ent 2see atta+hed E/i@it+ $, 11, an- 1=5$

"")$ On or a9out O+to9er ", 3!"!, the Plaintiff +onta+ted Countrywide@


36/92


37/92

"3*$ Countrywide en%a%ed in a /ra+ti+e of a//ro.in% loans without reBuestin%

do+u-entation with the full knowled%e that the -ort%a%or was not Bualified for loan$

"31$ The Stated In+o-e Pro%ra- allowed Countrywide to 9e knowin%ly i%norant of

whether the 9orrowers Bualified for the loan and then su9seBuently -isre/resented to Stone that

he was Bualified for the loan$

"34$ Any and all do+u-ents Stone re+ei.ed also failed to in+lude initial dis+losures and

final dis+losures, whi+h in+lude 8ESPA and TILA dis+losures$ >oreo.er, false TILA dis+losures

were /ro.ided whi+h +on+ealed the true +ost of the loan$

"3)$ On or a9out O+to9er "1, 3!!), 8i9adeneira 2/rior owner of Pro/erty &5, Buit7

+lai-ed all her ri%ht, title, and interest in said /ro/erty to CSPPSP, and assi%ned CSPPSP,

Christo/her Stoller and@or Leo Stoller, any +lai-s arisin% or related to said /ro/erty and the ri%ht

to /ursue su+h +lai-s, a%ainst, a-on% others, any finan+ial institutions, 9y Buit +lai- deed and

written a%ree-ent 2see atta+hed E/i@it 1#5$ CSPPSP has also assi%ned to Plaintiff and@or

Plaintiffs A%ent any +lai-s arisin% or related to his Pro/erties$

"36$ On or a9out Se/te-9er ", 3!!6, the Plaintiff +onta+ted Countrywide@


38/92


39/92

"&*$ On or a9out >ar+h "*, 3!!6, the Plaintiff +onta+ted ;F8 onthly Adusta9le 8ate 8iders$

"&)$ On or a9out >ay &!, 3!!6, Plaintiff notified the Trustee that there were o9e+tions

to the sale of Pro/erty /ursuant to A$8$S$ J &&7)""2C5$ The Trustee ne.er ser.ed /ro/er noti+e

on the Plaintiff or CSPPSP, nor /osted any lawful noti+e on Pro/erty , nor infor-ed the Plaintiff

in any -anner that a trustee sale was s+heduled to take /la+e on ?une 31, 3!!6, /ursuant to

A$8$S$ J &&7)!6$ Ch$ 1$" 7 ailure to :i.e Noti+e$

"&6$ Notwithstandin% Plaintiffs o9e+tions to any trustee sale, an unlawful trustee sale

was +ondu+ted on or a9out ?une 3*, 3!!6, and Pro/erty was sold to Leonard Street and Donna

Street for an un+ons+iona9ly low /ri+e$ The Deed of Trust was unlawfully si%ned 9y a Hro9o


40/92

si%ner and was fraudulently /re/ared outside the +hain of title$ The deed is thus .oid ab initio, as

well known to Defendants$

"!$ On or a9out O+to9er 3, 3!!*, 8i9adeneira o9tained a loan fro- ;F8 for

Pro/erty $

""$ On or a9out ?uly "3, 3!!1, 8i9adeneira o9tained a loan fro- Countrywide

inan+ial for Pro/erty 3$

"3$ On or a9out ?uly 34, 3!!1, 8i9adeneira o9tained a loan fro- Countrywide

inan+ial for Pro/erty &$

"&$ 8i9adeneira was reBuired to state her in+o-e as /art of the initial loan a//li+ation

/ro+esses with Countrywide for Pro/erty 3 and Pro/erty &$ Countrywide inan+ial did not show

8i9adeneira what a-ounts were e.entually stated in res/e+t to her in+o-e in the loan

a//li+ations for either /ro/erty$

"$


41/92

"4$ The for-er Countrywide Chief E'e+uti.e Offi+er, An%elo >oilo, was +har%ed

with -ort%a%e loan fraud, de+e/ti.e trade /ra+ti+es, and /aid a 14 -illion fine on or a9out

No.e-9er *, 3!"! to the Se+urities E'+han%e Co--ission 2a5 it is a -atter of /u9li+ re+ord

that Countrywide inan+ial is a fraudulent dis+redited ho-e loan -aker$

")$ 8i9adeneira was +learly unBualified for the loans 9ased u/on her a+tual in+o-e,

thou%h the loans were, in fa+t, %i.en 9y Countrywide 9ased u/on Countrywide fraudulently

insertin% inflated fi%ures in their loan a//li+ations, whi+h has 9een esta9lished is a /ra+ti+e of

Countrywide$

"6$ Countrywide en%a%ed in de+e/ti.e loan /ra+ti+es as a tool to /er-it a 9roker

and@or itself to /la+e a suffi+ient in+o-e on loan a//li+ations in order to dee- that an unBualified

9orrower su+h as 8i9adeneira was eli%i9le for the loan$

"*!$ Countrywide en%a%ed in a /ra+ti+e of a//ro.in% loans without reBuestin%

do+u-entation with the full knowled%e that the -ort%a%or was not Bualified for loans$

"*"$ The Stated In+o-e Pro%ra- allowed Countrywide to 9e knowin%ly i%norant of

whether the 9orrowers Bualified for the loan and then su9seBuently -isre/resented to

8i9adeneira that she was Bualified for the loan$

"*3$ The dis+losures 8i9adeneira re+ei.ed also failed to in+lude any a++urate 8ESPA

and TILA dis+losures$ >oreo.er, false TILA dis+losures were /ro.ided whi+h +on+ealed the true

+ost of the loan, and were fraudulently withheld fro- 8i9adeneira as was Countrywides

de+e/ti.e /ra+ti+es$


42/92

"*&$ 8i9adeneira was reBuired to state her in+o-e as /art of the initial loan a//li+ation

/ro+esses with ;F8 for Pro/erty $ ;F8 did not show 8i9adeneira what a-ounts were

e.entually stated in res/e+t to her in+o-e in the loans a//li+ations for Pro/erty $

"*$ ;F8 -ade the loan to 8i9adeneira des/ite the fa+t that she was not Bualified for

the loan 9ased on her a+tual in+o-e for the Pro/erty $

"**$ 8i9adeneira was +learly unBualified for the loan 9ased u/on her a+tual in+o-e,

thou%h the loans were, in fa+t, %i.en 9y ;F8 9ased u/on ;F8 fraudulently insertin% inflated

fi%ures in their loan a//li+ation$

"*1$ ;F8 was +o-/letely un+on+erned with 8i9adeneiras a+tual in+o-e and +hose to

a//ro.e the loan, and used inflated in+o-e fi%ures on the a//li+ation in order to fraudulently

Bualify her for the said loan for Pro/erty $

"*4$ At all ti-es, ;F8 led 8i9adeneira into the 9elief that she Bualified for her loan

9ased u/on her a+tual in+o-e, when ;F8 knew or should ha.e known that 8i9adeneira was not

Bualified for Pro/erty $

"*)$ ;F8 en%a%ed in de+e/ti.e loan /ra+ti+es as a tool to /er-it a 9roker and@or ;F8

itself to /la+e a suffi+ient in+o-e on loan a//li+ation in order to dee- that a 9orrower su+h as

8i9adeneira was Bualified for the loan$

"*6$ ;F8 en%a%ed in a /ra+ti+e of a//ro.in% a loan without reBuestin% do+u-entation

with the full knowled%e that the -ort%a%or was not Bualified for loan$

"1!$ The Stated In+o-e Pro%ra- allowed ;F8 to 9e knowin%ly i%norant of whether

the 9orrowers Bualified for the loan and then su9seBuently -isre/resent to 8i9adeneira that she

was Bualified for the loan$


43/92

"1"$ Any and all do+u-ents 8i9adeneira re+ei.ed also failed to in+lude initial

dis+losures and final dis+losures, whi+h in+lude 8ESPA and TILA dis+losures$ >oreo.er, false

TILA dis+losures were /ro.ided whi+h +on+ealed the true +ost of the loan$

"13$ Defendants failed to +o-/ly with A$8$S$ J1!6!1, in+or/oratin% the reBuire-ents

to +o-/ly with a//li+a9le federal dis+losure statutes and re%ulations$

"1&$ In addition to .iolations of the state and federal statutes alle%ed a9o.e, the

+ondu+t of Defendants as set forth herein +onstitutes unfair or de+e/ti.e a+ts of /ra+ti+es,

in+ludin% 9ut not li-ited to lurin% 9orrowers with -isleadin% do+u-ents and failin% to dis+lose

loan ter-s in su+h ti-e and -anner as would /er-it 9orrower to o9tain inde/endent ad.i+e or

undertake adeBuate re.iew to e.aluate the desira9ility of loan ter-s$

"1$ Defendants a+tions as set forth a9o.e o++urred in the +ondu+t of trade or

+o--er+e$

"1*$ Defendants +ondu+t har-ed their 9orrower, in+ludin%, 9ut not li-ited to 9y the

9orrowers, 9ein% de/ri.ed of the a9ility to adeBuately re.iew their -ort%a%e ter-s, +o-/are the

true +ost of +redit to other /ro/osals, or to sho/ for -ore fa.ora9le ter-s$ This, in turn, +aused

da-a%es in a-ount /aid in e'+ess interest, fees, loss of eBuity, ad.erse effe+ts on +redit ratin%s,

+ul-inatin% in the i-/endin% fore+losures of the Pro/erties, and the ti-e, e'/ense, and stress

in+urred in seekin% to re+tify these /ro9le-s$

"11$ Defendants +ondu+t was the /ro'i-ate +ause of inury to 9orrower$

"14$ The +har%es ha.e arisen out of Defendants en%a%in% in a fraudulent trustee sale

of real estate listed in Plaintiffs +ounter+lai- and in the fraudulent for+i9le detainer 2see a true

and +orre+t +o/y of whi+h is atta+hed hereto and -arked as E/i@it 215 a+tion filed 9y the


44/92

Defendants without due /ro+ess in order to unlawfully seie Pro/erty 3, whi+h is the su9e+t of

the fraudulent for+i9le detainer$

"1)$ In +arryin% out their fraudulent s+he-e, Defendants and their lawyers en%a%ed in

false swearin%, filin% a fri.olous trustee sale of real estate and filin% a fraudulent for+i9le

detainer a+tion a%ainst 8i9adeneria, a /arty that the Defendants knew was not in /ossession of

Pro/erty 3 that is the underlyin% su9e+t of this +ase$ Defendants knew that 8i9adeneira sold

Pro/erty 3 in O+to9er 3!!), to the CSPPSP$ The Defendants filed a false, fraudulent, for+i9le

detainer a+tion to defraud Plaintiff out of his interest in Pro/erty 3$ Defendants +ontinue to

+o--it fraud 9y assertin% that the for+i9le detainer na-in% the Hnon /arty 8i9adeneria, is a

.alid lawful /ro+eedin% when in fa+t all of the Defendants know that the for+i9le detainer filed

a%ainst non /arties was done in order to defraud the Plaintiff, under the +olor of law, of his

interest in the su9e+t /ro/erty without due /ro+ess$

"16$ On or a9out O+to9er 3!, 3!!), the owner of the Pro/erty, 8i9adeneria, Buit7

+lai-ed all her ri%ht, title, and interest in Pro/erty 3 to the CSPPSP and on or a9out e9ruary "3,

3!"!, the CSPPSP Buit +lai-ed and released unto Plaintiff fore.er all ri%ht title, and interest in

Pro/erty 3 2seeatta+hed E/i@it11 an- 125$

"4!$ On or a9out e9ruary 31, 3!"!, Plaintiff learned that Pro/erty 3 was sold at

au+tion to


45/92

trustee sale of the su9e+t /ro/erty on Pa%e , at Line "73 and on Pa%e *, at Line "73"$ S-ith

and #eri+h or any other re/resentati.e fro- the


46/92

of title, is .oid ab initio,and was unlawfully used as le%al ustifi+ation to initiate a fraudulent

for+i9le detainer a+tion in indire+t +ontu-a+ious a+tion su9e+t to ") 0$S$ C$ J!"235 or 2&5$

"41$


47/92


48/92

")4$ The au+tion took /la+e on e9ruary 6, 3!"!, in whi+h the trustee /re/ared an

unlawful trustees deed sale, whi+h was outside the +hain of title and showed that the /ro/erty

was 9ein% sold fro- 8i9adeneira, who was not in title on the date of the au+tion, as well known

to Defendants$ ConseBuently, the trustees deed sale is a wild deed, ha.in% no for+e and effe+t$

The trustee sale on e9ruary 6, 3!"! did howe.er e'tin%uish any /rior -ort%a%e on the

/ro/erty$ The unlawful trustee sale of Pro/erty & and Pro/erty also e'tin%uished the -ort%a%es

on those said /ro/erties$

"))$ The Defendant 8e+onstru+ts deed of the sales of the said Ariona /ro/erties

re/resents a +lear fraud on the >ari+o/a County 8e+orders Offi+e as to Pro/erty 3, Pro/erty &,

and Pro/erty , as well known to the Defendants$

")6$ The Defendants 9enefited fro- their fraud u/on the Ariona County 8e+orders

Offi+e in the +reation of a fraudulent trustees deed u/on sale$ urther, the Defendants used their

fraudulent trustee deed to initiate a .alid for+i9le detainer a+tion a%ainst a non7/arty 8i9adeneira,

in order to seie Pro/erty 3 under the +olor of law$

"6!$ The Defendants false sworn /leadin%s in+or/orated herein 9y referen+e, falls

under the +ate%ory of false swearin%, #innin% >o.es, In+$ .$ ;i ari+o/a County Su/erior Case

No$ C7""7!6)3! was re-o.ed to ederal Court and was known as Case No$ C7""7"41*$

"63$ Notwithstandin% the re-o.al of the for+i9le detainer a+tion /re.iously initiated in

the >ari+o/a County +ase, Defendants 2in+ludin% their attorneys5 /ur/osely -isre/resented


49/92

-aterial fa+t and@or law to Co--issioner a%nus, 313 Ill$ A//$&d at &1*$ SeealsoAl-%ren .$ 8ush7Pres9yterian7St$ Lukes >edi+al Center, "13 Ill$ 3d 3!*, 3"! 2"665$


50/92

the fa+t Co--issioner Owens held no urisdi+tion whatsoe.er to enter su+h an order, Aoude .$

>o9il Oil Cor/$, )63 $3d """*, """) 2"st Cir$ "6)65$

"6*$ The Defendants, 9e+ause of their %ross -is+ondu+t, fraudulent +lai-s and

-isre/resentation 9efore this +ourt, should not 9e allowed to /ros/er in this +ase$

"61$ Plaintiff -o.es this +ourt for a -otion to stay the fore+losure /ro+eedin% and@or

trustee deed sale of Pro/erty ", whi+h is set for unlawful fore+losure on or a9out ?une ", 3!"3$

"64$ Plaintiff and@or Plaintiffs A%ent holds ri%hts to the Pro/erties$

"6)$ That the Defendants should not9e allowed to /ros/er has lon% 9een +entral to the

-oral fa9ri+ of our so+iety and one of the under/innin%s of our le%al syste- and the +ourt should

enter an order stayin% the au+tion date of ?une ", 3!"3, and issue an order .a+atin% the trustee

deed and /er-anently enoinin%


51/92

su/er.ise its e-/loyees, has -ade re/eated -isre/resentations of -aterial fa+t, and has en%a%ed

in ra+keteerin% and 9usiness /ra+ti+es that are i--oral, uns+ru/ulous, unfair, and o//ressi.e$

3!"$


52/92

3!*$ Plaintiff has +o-/lied with his +ontra+tual o9li%ations under his TPP A%ree-ents

9y su9-ittin% all reBuired do+u-entation$ Des/ite Plaintiffs full /erfor-an+e,


53/92


54/92

further i-/oses /arallel -andates to i-/le-ent /lans to -a'i-ie assistan+e to ho-eowners

and to -ini-ie fore+losures$ "3 0$S$C J *33!$

3"3$ On e9ruary "), 3!!6, /ursuant to their authority under the A+t, the Treasury

Se+retary and the Dire+tor of the ederal ;ousin% inan+e A%en+y announ+ed the ;A>P

/ro%ra-$ 0nder ;A>P, the federal %o.ern-ent in+enti.ies /arti+i/atin% ser.i+ers to enter into

a%ree-ents with stru%%lin% ho-eowners that will -ake adust-ents to e'istin% -ort%a%e

o9li%ations in order to -ake the -onthly /ay-ents -ore afforda9le$ Ser.i+ers re+ei.e

",!!!$!! for ea+h ;A>P -odifi+ation$

Servicer Participation in the #$P program

3"&$ The industry entities that /erfor- the a+tual interfa+e with 9orrowers in+ludin%

su+h tasks as /ay-ent /ro+essin%, es+row -aintenan+e, loss -iti%ation and fore+losure are

known as Hser.i+ers$ Ser.i+ers ty/i+ally a+t as the a%ents of the entities that hold -ort%a%e

loans$ ort%a%e, 2also for-erly known as Countrywide inan+ial5 is a

ser.i+er o/erated 9y


55/92

dire+ti.es, or other +o--uni+ations issued 9y the Treasury, Countrywide inan+ial or reddie

>a+, in +onne+tion with the duties of Parti+i/atin% Ser.i+ers$

3"4$ The SPA -andates that a Parti+i/atin% Ser.i+er Hshall /erfor- the a+ti.ities

des+ri9ed in the Pro%ra- Do+u-entation Hfor all -ort%a%e loans it ser.i+es$

3")$ The Pro%ra- Do+u-entation reBuires Parti+i/atin% Ser.i+ers to e.aluate all loans

that are delinBuent 1! days or %reater for ;A>P -odifi+ations$ In addition, if a 9orrower

+onta+ts a Parti+i/atin% Ser.i+er re%ardin% a ;A>P -odifi+ation, the Parti+i/atin% Ser.i+er

-ust +olle+t in+o-e and hardshi/ infor-ation to deter-ine if ;A>P is a//ro/riate for the

9orrower$

TPP greements

3"6$ A ;A>P >odifi+ation +onsists of two sta%es$ irst, a Parti+i/atin% Ser.i+er is

reBuired to %ather a 9orrowers finan+ial and other rele.ant infor-ation and, if the 9orrower

Bualifies, offer the 9orrower a TPP A%ree-ent$ In so-e +ases, 9anks -ay /re7Bualify +usto-ers

9ased on .er9al re/resentations of in+o-e and other infor-ation, instru+t the +usto-er to 9e%in

-akin% the redu+ed te-/orary /ay-ent, and then +onfir-ed eli%i9ility followin% the 9orrowers

su9-ission of the reBuired do+u-ents$ As an alternati.e, in +ases su+h as this one, 9anks -ay

reBuire that the 9orrower su9-it all ne+essary in+o-e infor-ation and do+u-entation to +onfir-

the 9orrowers eli%i9ility /rior to sendin% the 9orrower a si%ned TPP A%ree-ent, whi+h is not

su9e+t to later +onfir-ation$

33!$


56/92

will e'tend offers for /er-anent -odifi+ation to those ho-eowners who e'e+ute the TPP

A%ree-ent and fulfill the do+u-entation, re/resentation, and /ay-ent reBuire-ents$

33"$ If a ho-eowner e'e+utes the TPP A%ree-ent, +o-/lies with all do+u-entation and

re/resentation reBuire-ents, and -akes all of the TPP -onthly /ay-ents on ti-e, the se+ond

sta%e of the ;A>P /ro+ess is tri%%ered in whi+h


57/92


58/92

3&"$ Insofar as PK

f$unreasona9ly delayin% the e'tension of offers for /er-anent -odifi+ations to9orrowers who /erfor- fully and faithfully under their TPP A%ree-ents asdes+ri9ed in Para%ra/h "6), a9o.eK and,

%$ a+tin% in a -anner that otherwise +onstitutes an a9use of dis+retion orauthority under the TPP A%ree-ent or takin% su+h other ste/s to frustratePlaintiffs a9ility to re+ei.e the 9enefit of his 9ar%ain under the TPPA%ree-ent$

Causation and Damages

3&&$ As an a+tual and /ro'i-ate result of


59/92

denied offers for /er-anent loan -odifi+ations, whi+h they stand ready, willin% and a9le to

a++e/t$

3&$ Plaintiff has further 9een da-a%ed in the for- of lost ti-e and o//ortunity +osts$


60/92

3!$ Plaintiffs relian+e was to his detri-ent$ Plaintiff has yet to re+ei.e a /er-anent

-odifi+ation a%ree-ent for his si%nature or any other offer for /er-anent -odifi+ation, and has

lost the o//ortunity to fund other strate%ies to deal with his default and a.oid fore+losure$

3"$ Instead of


61/92

Plan, Lt-., 05+ant to t/4 it *lai8 -44- f5o8 t/4 o5i?inal @45 of t/4 05o045t P/illi0

%. Ston4 to CSPPSP of S40t48@45 22, 2## >Do*. 1, 4. ).J2SeeDo+$ 3), Pa%e 3, Lines 67"35$

34$ Pursuant to the noti+e of trustees sale, HThe followin% le%ally des+ri9ed trust

/ro/erty will 9e sold, /ursuant to the /ower of sale under the +ertain Deed of Trustee 8e+orded

on !*@!6@3!!1, as Instru-ent Nu-9er 3!!1!13436), ari+o/a County, Ariona, at /u9li+ au+tion to the hi%hest 9idder In the Courtyard, 9y the -ain

entran+e of the Su/erior Court of said day$

3)$ As afore-entioned, ?ud%e Snow /re.iously stated that the +urrent owner of the

/ro/erty is in fa+t CSPPSP$ Plaintiff has /rodu+ed an unre+orded Buit +lai- deed showin% that

the /ro/erty was Buit +lai-ed to Plaintiff on ?anuary "!, 3!!6$ In either +ir+u-stan+es, Plaintiff

and@or Plaintiffs A%ent has standin% to 9rin% the +urrent law suit and to +ontest the fore+losure

of the /ro/erty 9y .irtue of the Assi%n-ent of Causes of A+tion, Assi%n-ent of Pro+eeds that the

CSPPSP issued to Plaintiff and@or 9y .irtue of the ri%hts that Plaintiff holds in the unre+orded

Buit +lai- deed, whi+h is also dated ?anuary "!, 3!!6$ The Noti+e of Trustees Sale +ir+u-.ents

the +urrent owner, CSPPSPs Buit +lai- deed and this ?ud%e Snows a+knowled%e-ent that the

+urrent owner of Pro/erty " is in fa+t the CSPPSP$ ConseBuently, the noti+e of trustees sale is

.oid ab initioas a result of the alle%ed Trustee atte-/tin% to transfer the ri%hts in the Pro/erty

+urrently held 9y CSPPSP and@or Plaintiff@Plaintiffs A%ent$

36$ The +ourts ha.e a+knowled%ed that inun+ti.e relief +an 9e o9tained if the -o.in%

/arty +an show, Hthat he is likely to su++eed on the -erits, that he is likely to suffer irre/ara9le

har- in the a9sen+e of /reli-inary relief, that the 9alan+e of eBuities ti/s in his fa.or, and that an


62/92


63/92

3*1$ Plaintiff reBuests that this +ourt order enter a /er-anent and@or /reli-inary

inun+tion on otion to Dis-iss and the res udi+ata ar%u-ents -ade 9ydefendants +ounsel in Illinois Cook County +ase nu-9er "! L 31)4, whi+h in.ol.ed the sa-e /arties, defendantsand su9e+t /ro/erties$ On A/ril "3, 3!"", ?ud%e >+:rath -ade the followin% findin%s, whi+h are /art of theoffi+ial +ourt re/ort, atta+hed hereto 2E/i@it 225$ Con.ersion, Slander of Title, Tres/ass, and De+e/ti.e Trade

Pra+ti+es are +learly .alid +auses of a+tions a%ainst the Defendants$ ?ud%e >+:rath shot down Defendants +lai- ofres udi+ata as it relates to the Con.ersion, Slander of Title, Tres/ass, and De+e/ti.e Trade Pra+ti+es +ounts whi+hwere /led in the afore-entioned +ase and are 9ein% re/led in this +ase 9efore the Ariona Distri+t +ourt 9e+ause thesu9e+t /ro/erties are lo+ated in >ari+o/a County, Ariona and not in Cook County, Illinois$ ?ud%e >+:rath -adethe followin% findin%s, whi+h relate dire+tly to this refile +ause of a+tion in federal +ourt in the state of Ariona$HCount III, +on.ersion$ I- %oin% to deny the -otion to dis-iss as +on.ersion$ I think what %a.e -e /ause wasthe alle%ation of a ri%ht to i--ediate /ossession and the ri%ht and the /ro/erty$ And I think the lis /endens andBuit+lai- deed are suffi+ient for 371"* /ur/oses$ And we ha.e Count IG for ne%li%en+e$ I dont think the /laintiffadeBuately /led suffi+ient fa+ts to show an a+tual duty was owed to hi-$ So I- dis-issin% Count IG$ Count G we


64/92

DECEPTI!E TRADE PRACTICES

2as to all Defendants5

31"$ The a9o.e alle%ations under /ara%ra/hs " throu%h 3*), in+ludin% any

su9/ara%ra/hs thereof, are herein 9y referen+e -ade /art of the alle%ations under this Count One,

and are in+or/orated in full as if /art of this Count$

313$ This Count One is a de+e/ti.e 9usiness /ra+ti+e a+tion a%ainst the Defendants$

'HEREFORE, the Plaintiff seeks da-a%es in e'+ess of ONE7;0ND8ED >ILLION

DOLLA8S 2"!!,!!!,!!!$!!5 and /uniti.e da-a%es in the a-ount of IE7;0ND8ED

>ILLION DOLLA8S 2*!!,!!!,!!!$!!5, and attorneys fees and +osts, indi.idually assessed

a%ainst ea+h Defendant and in their offi+ial +a/a+ity$ or a de+laration that the Defendants ha.e

no ownershi/ and@or /ro/erty ri%hts in the Pro/erties 2the /ro/erties whi+h are the su9e+t of this

liti%ation are 2="$ N. 112t/ 'a, S*ott+-al4, A5i6ona, 2


65/92

31&$ The a9o.e alle%ations under /ara%ra/hs " throu%h 31!, in+ludin% any

su9/ara%ra/hs thereof, are herein 9y referen+e -ade /art of the alle%ations under this Count

Two, and are in+or/orated in full as if /art of this Count$

31$


66/92

1#


67/92


68/92


69/92

3)!$


70/92


71/92

%l4 S D5iv4, S*ott+-al4, A5i6ona, 2


72/92

363$ Defendant intentionally ne.er dis+losed to Plaintiff that 9y his enterin% into and

+o-/lyin% with the TPP A%ree-ent, Defendant would +onsider and re/ort hi- as 9ein% in

default on his -ort%a%e, in dire+t .iolation of the a//li+a9le dire+ti.es$ Defendant should

ha.e dis+losed this -aterial fa+t to hi- at the ti-e he entered into and 9e%an /erfor-in%

under the TPP A%ree-ent$ ;ad Plaintiff known Defendant would +onsider hi- as ha.in%

9een in default 9y .irtue of his /arti+i/ation in ;A>P, Plaintiff would ha.e /ursued other

a.aila9le o/tions for sa.in% his Pro/erties$

36&$ Defendant +on+ealed this -aterial fa+t so as to indu+e Plaintiff to enter into the TPP

A%ree-ent and -ake the te-/orary /ay-ents$

36$ Plaintiff reasona9ly relied on Defendants +on+eal-ent 9y enterin% into and

+o-/lyin% with the ter-s of the TPP A%ree-ent$

36*$ Plaintiffs relian+e on this +on+eal-ent has a+tually and /ro'i-ately +aused hi- to

suffer da-a%es in that he ne.er re+ei.ed a /er-anent -odifi+ation of his -ort%a%e loan, lost

ti-e, and lost the o//ortunity to /ursue other a.enues for sa.in% his +redit and Pro/erties

Concealment II ' "ailure to Disclose Potential for Reconsideration

361$ At the ti-e Plaintiff entered into the TPP A%ree-ent, Defendant intentionally

failed to dis+lose that it would fail to adhere to a//li+a9le ;A>P %uidelines and dire+ti.es and

would, in +ontra.ention of those dire+ti.es, re7e.aluate the Plaintiffs eli%i9ility usin% different

standards and +al+ulations than those reBuired under the dire+ti.es$

364$ Defendant +on+ealed this fa+t with the intention of indu+in% Plaintiff to enter into

the TPP A%ree-ent$


73/92


74/92


75/92

&!$ Plaintiff re/eats and re7alle%es the alle%ations of /ara%ra/hs "7&!!, in+ludin% any


Se.en, and are in+or/orated in full as if /art of this Count$

&!*$ This Count Se.en is a de+e/ti.e 9usiness /ra+ti+e a+tion a%ainst ea+h Defendant

indi.idually and in their offi+ial +a/a+ity$

"raudulent Conduct

&!1$ Defendants intentional -isre/resentation and +on+eal-ent of -aterial fa+ts

+onstitute /rohi9ited fraudulent +ondu+t under the Ariona Consu-er raud A+t$

&!4$ Plaintiff has suffered a+tual da-a%es as an a+tual and /ro'i-ate result of the

Defendants intentional -isre/resentation and +on+eal-ent of -aterial fa+ts in that he ne.er

re+ei.ed a /er-anent -odifi+ation a%ree-ent for his si%nature or any other offer for /er-anent

-odifi+ation, and lost the o//ortunity to /ursue other a.enues for sa.in% his +redit and

Pro/erties$

)nfair* Immoral and )nscrupulous Practices

&!)$ Defendants +ondu+t as des+ri9ed throu%hout this Co-/laint +onstitutes

unfair,

i--oral and uns+ru/ulous 9usiness and ra+keteerin% /ra+ti+es that har-ed not only Plaintiff

and@or Plaintiffs A%ent 9ut the %eneral /u9li+ as well$ Defendants i--oral, ra+keteerin% and

uns+ru/ulous /ra+ti+es, whi+h were i-/le-ented so as to e'tra+t as -u+h -oney as /ossi9le fro-

9orrowers

Defendant identified as 9ein% at risk for default /rior to fore+losure, in+luded 9ut

were not

li-ited to

a$ Defendant in+enti+ied its e-/loyees to rush +usto-ers off of thetele/hone as Bui+kly as /ossi9le so as to frustrate +usto-ers, the intendedresult 9ein%

that instead of +o-/lainin%, the +usto-ers would %i.e u/ and a++e/t


76/92

frustration 9y i-/le-entin% a

Hone +all resolution /oli+y under whi+h+usto-ers would ne.er s/eak to the sa-e ser.i+e re/resentati.e twi+eK

9$ #ith res/e+t to for-er Countrywide inan+ial +usto-ers in /arti+ular,


77/92

&""$ Defendants +ondu+t des+ri9ed herein a+tually and /ro'i-ately +aused Plaintiff

and@or Plaintiffs A%ent to suffer da-a%es as des+ri9ed throu%hout this Co-/laint$








78/92

&"$ The Plaintiff /ut Defendants, ari+o/a County 8e+order

of Deeds offi+e$ The Defendants ha.e atte-/ted to use the false and dis/ara%in% +han%e of title

to unlawfully and without noti+e seie Pro/erty 3$

&"6$ Defendants also +ondu+ted unlawful fore+losure sales a%ainst Pro/erty " and

Pro/erty &$ Defendants also filed false +han%e of titles and -ade false /u9li+ations a%ainst

Pro/erty " and Pro/erty &$

&3!$ As a result, the Plaintiff has 9een da-a%ed$





79/92



liti%ation are 2="$ N. 112t/

'a, S*ott+-al4, A5i6ona, 2


80/92

+onsu-ers into fore+losure without any lawful noti+e and unlawful seiure of /ro/erties, throu%h

fraudulent Co-/laints in for+i9le detainer for-s the o9e+t of the /attern of ra+keteerin% a+ti.ity$

The Defendants en%a%ed in a ra+keteerin% s+he-e to indu+e unBualified /arties to /ur+hase

-ort%a%es, whi+h they were not Bualified to -aintain, at .aria9le interest rates, all of whi+h was

not fully dis+losed to the 9orrowers, who were defrauded into /arti+i/atin% in loans, whi+h they

were for+ed into fore+losure after the Defendants offered and failed to -odify the said loans, the

Defendants unlawfully seied the Plaintiffs /ro/erties without lawful noti+e, +ondu+ted

fraudulent trustee sales of the said /ro/erties, unlawfully en%a%ed in fraudulent for+i9le detainer

a+tions without noti+e, in order to o9tain /ossession of the real estate, and to resell the said

/ro/erties in order to /er/etuate the s+he-e$ The Defendants failed to notify the Plaintiff of the

a+tual fore+losure in e9ruary of 3!"!, they knowin%ly and willfully failed to notify the Plaintiff

of the filin% of a +o-/laint in for+i9le detainer on ?uly &!, 3!"! durin% the /enden+y of this

liti%ation and .iolated Plaintiffs ri%hts 9y unlawfully enterin% the su9e+t /ro/erty and

interferin% with Plaintiffs +ontra+tual ri%hts 9y unlawfully a//roa+hin% the resident of the said

/ro/erty$ Defendant a++o-/lished their fraudulent s+he-e throu%h use of the 0$S$ -ail and

interstate wires$

&3*$ Defendants +onstitute a +ri-inal enter/rise and their unlawful s+he-e was

e'e+uted throu%h their /arti+i/ation in a a /attern of ra+keteerin% a+ti.ity that in+luded -ulti/le

and re/eated +ri-inal a+ts, in+ludin% nu-erous a+ts of usury resale of realty with intent to

defraud, wire and -ail fraud, and a s+he-e and artifi+e to defraud all defined as /redi+ate a+ts 9y

Ariona law$


81/92

&31$ Defendants /attern of ra+keteerin% a+ti.ity was tar%eted at the Plaintiff, and

Plaintiff sustained dire+t inury to his /ro/erty or 9usiness as a result of the /redi+ate a+ts$

&34$ As dis+ussed a9o.e, Defendants e'e+ute their s+he-e with si-ilar intents, si-ilar

-ethods of +o--ission, and with si-ilar results$








82/92


83/92


84/92

&&)$ On or a9out e9ruary 6, 3!"!, the Defendants +ondu+ted a fraudulent fore+losure

sale 9etween the- and failed to %i.e the Plaintiff noti+e /rior to the fore+losure sale$

&&6$ The alle%ed fore+losure sale is .oid ab initio.

&!$ Plaintiff holds a9solute ri%hts to the Pro/erty 3, Pro/erty &, and Pro/erty $

&"$ Defendants, Those Callaways PC, ?oann Callaway, ?ose/h Callway and Kelly

Callaway, were /ut on noti+e in e9ruary of 3!"! and in >ar+h of 3!"! not to enter the su9e+t

/ro/erty and@or to interfere in any way with any of the /arties that are residin% on Pro/erty 3$

&3$ On or a9out ?uly 4, 3!"!, Defendants, Those Callaways PC, ?oann Callaway,

?ose/h Callway and Kelly Callaway, and@or their a%ent, -ali+iously, unlawfully and willfully,

and without the Plaintiffs knowled%e or +onsent, entered u/on the /ro/erty of Plaintiff, and

unlawfully +onta+ted the tenants residin% therein$

&&$ As a dire+t and /ro'i-ate result of Defendants, Those Callaways PC, ?oann

Callaway, ?ose/h Callway and Kelly Callaways unlawful a+ts, in +onun+tion, and at the

dire+tion and +ontrol of the other Defendants in this +ase, the Plaintiff has suffered inuries of a

/ersonal and /e+uniary nature, in+ludin% se.ere e-otional distress, the loss of .alue, 9enefit and

enoy-ent of Pro/erty 3$

&$ This Court has authority and should e'er+ise authority to award /uniti.e da-a%es

to Plaintiff to /unish Defendants for su+h e%re%ious a+tions and to /re.ent the- fro-

+o--ittin% su+h a+ts in the future$

&*$ In doin% the a+ts alle%ed a9o.e, Defendants +o--itted the intentional tort of

+on.ersation as to Pro/erty 3, Pro/erty &, and Pro/erty $


85/92








86/92

their a%ent, without any +onsent or authoriation fro- the Plaintiff, ille%ally entered on Pro/erty

3$

&*!$ The Defendants now +lai- ownershi/ of the /ro/erty throu%h a fraudulent

fore+losure /ro+eedin%, alle%edly held on e9ruary "3, 3!"!, without ser.i+e of /ro+ess or any

noti+e to the Plaintiff$

&*"$ The Defendant, ILLION






87/92


88/92

terrorie the Tenant at Pro/erty 3 and threatened hi- with +ri-inal tres/ass +har%es if he and his

fa-ily did not .a+ate the /re-ises i--ediately$

&*4$ Defendants then unlawfully seied +ontrol of Pro/erty 3 and +han%ed the lo+ks on

the /ro/erty$

&*)$ Defendants ha.e +o--itted +o--on law and statutory fraud 9y en%a%in% in an

or+hestrated /attern and s+he-e of +ontinued -isre/resentations, /ur/oseful o-issions and

+on+eal-ents to defraud the Plaintiff out of his /ro/erty ri%hts in the Pro/erties$

&*6$ On O+to9er 3!, 3!"", Defendants 2in+ludin% their attorneys5, -ade

-isre/resentations and or law to ?ud%e Owens, a >ari+o/a +ounty ?ud%e, and fraudulently

indu+ed the ?ud%e to erroneously enter an order of /ossession in the +ase$

&1!$ Defendants knew that the >ari+o/a County for+i9le detainer a+tion was

transferred to federal +ourt in Phoeni', Ariona, on Se/te-9er 4, 3!"" and was +urrently /endin%

in federal +ourt$

&1"$


89/92


90/92

&14$ Likewise, all Defendants did +ondu+t and@or /arti+i/ate, either dire+tly or

indire+tly, in the +ondu+t of the affairs of said 8ICO enter/rise throu%h a /attern of ra+keteerin%

a+ti.ity, all in .iolation of ") 0$S$C$ JJ 1;


91/92

&4!$ Plaintiff re/eats and re7alle%es the alle%ations of /ara%ra/hs "7&14, in+ludin% any


ifteen, and are in+or/orated in full as if /art of this Count$

&4"$ At .arious ti-es and /la+es /artially enu-erated in Plaintiffs do+u-entary

-aterial, all Defendants did +ons/ire to a+Buire and -aintain an interest in a 8ICO enter/rise

en%a%ed in a /attern of ra+keteerin% a+ti.ity, in .iolation of ") 0$S$C$ JJ 1;


92/92

Lan4, N47 Riv45, A5i6ona, #$#), and for su+h other and further relief this Court dee-s

/ro/er and ust$ Plaintiff seeks an inun+tion a%ainst the >ari+o/a County Sheriff fro-

interferin% with Plaintiffs Pro/erties and e.i+tin% Plaintiffs tenants fro- the said dis/ute$

8es/e+tfully su9-itted,

Aaron PennaAttorney for Christo/her Stoller*"1! #$ Sunnyside A.enue;o-ewood, IL 1!&!

Ar/ena)U%-ail$+o-

DECLARATION

The undersi%ned, de+lares that he is authoried to e'e+ute this do+u-ent on his 9ehalf,that all state-ents -ade of his own knowled%e are true and all state-ents -ade on infor-ationand 9elief are 9elie.ed to 9e true and further that these state-ents were -ade with theknowled%e that willful false state-ents and the like so -ade are /unisha9le 9y fine ori-/rison-ent, or 9oth, under Se+tion "!!" of Title ") of the 0nited States Code$ Thedo+u-ents atta+hed hereto are true and +orre+t +o/ies of the ori%inals$

Racketeering charge against Bank of America

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Transcript of Racketeering charge against Bank of America