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1 _________________________________________________ 
COMPLAINT
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TIMOTHY L. MCCANDLESS, ESQ. SBN 147715LAW OFFICES OF TIMOTHY L. MCCANDLESS13240 Amargosa RoadVictorville, California 92392(760) 951-3663 Telephone(909) 382-9956 FacsimileAttorney for 
 Plaintiff 
SUPERIOR COURT FOR THE STATE OF CALIFORNIAIN AND FOR COUNTY OF SAN BERNARDINO
TIMOTHY A. ARMSTRONGPlaintiff,V.BNC MORTGAGE, INC., a DelawareCorporation, NEW CENTURY MORTGAGE
 
CORPORATION, BLUE LEAFFINANCIAL INC., a Corporation; BLUELEAF FINANCIAL INC., a Corporation;QUALITY LOAN SERVICECORPORATION; BARCLAYS CAPITALREAL ESTATE INC., dba HOME EQSERVICING, a corporation, and DOES 1through 50 inclusiveDefendants.CASE NO: xxxxx
COMPLAINT FOR:MONETARY DAMAGESSTATUTORY DAMAGES, PUNITIVEDAMAGES, INJUNCTIVE RELIEF ANDDECLARATORY RELIEF
1. VIOLATION OF CALIFORNIA CIVILCODE §2923.6;2. VIOLATION OF BUSINESS ANDPROFESSIONS CODE §17200;3. BREACH OF COVENANT OF GOODAND FAIR DEALING;4. INJUNCTIVE RELIEF;5. VIOLATION OF CIVIL CODE §1572;6. FRAUD;7. DECLARATORY RELIEF;8. INTENTIONAL MISREPRESENTATION;9. TO SET ASIDE FORECLOSURE10. VIOLATION OF CALIFORNIA CIVILCODES §2923.5 AND §2924.
Plaintiff,
 
TIMOTHY A. ARMSTRONG, (Hereinafter referred as “Plaintiff”) alleges herein asfollows:
I.
 
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COMPLAINT
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GENERAL ALLEGATIONS
Plaintiff TIMOTHY A. ARMSTRONG
1.
t all times relevant has been a resident of the County of San Bernardino, State of California and the owner of Real Property, including but not limited to the property atissue herein, 13191 Central Road, Apple Valley, CA 92308. The Legal descriptionsare as follows:APN: 0439-251-04LOTS 4 of Tract No. 6215, in the City of Apple Valley, County of San Bernardino, Stateof California, as per map recorded in Book 81 page(2) 16 and 17, of maps, in the office of the county recorder of said County, California(hereinafter “Subject Property”)
2.
Defendant BNC MORTGAGE, INC., (hereinafter “BNC”) at all times hereinmentioned was doing business in the County of San Bernardino, State of California andwas the original Lender for Plaintiff’s Deed of Trust Deed and Note. BNC, formerly aDelaware Corporation and who used to do business in California has surrendered itsstatus and their agent for service of process resigned on February 9, 2009. Moreover,Lehman Brothers closed this subprime subsidiary business .
3.
BLUE LEAF FINANCIAL INC. (hereinafter “BLUE LEAF”) at all times hereinmentioned was doing business in Beverly Hills, County of Los Angeles and isregistered to with the Secretary of State of California. BLUE LEAF is engaged in the business of promoting, marketing, distributing and selling the Arm Loans that are thesubject of this Complaint.
4.
MORTGAGE ELECTRONIC REGISTRATION SERVICES (hereinafter “MERS”) atall times herein mentioned was presumed to being doing business in the County of San
 
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COMPLAINT
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Bernardino, State of California and alleged to be the Beneficiary regarding Plaintiff’Real Property as described above and as Situated in San Bernardino County California.
5.
QUALITY LOAN SERVICE CORPORATION (hereinafter “QUALITY LOAN”) atall times herein mentioned is doing business in the County of San Diego and ishandling the Notice of Trustee’s Sale for this property.
6.
BARCLAYS CAPIAL REAL ESTATE INC., dba HOMEQ SERVICING at all timesherein mentioned is doing business in the State of California and is the contact agencyof the Notice of Default recorded in San Bernardino County on February 18, 2009.
7.
Plaintiff is ignorant of the true names and capacities of defendants sued herein asDOES 1 through 50, inclusive, and therefore sues these defendants by such fictitiousnames and all persons unknown claiming any legal or equitable right, title, estate, lien,or interest in the property described in the complaint adverse to plaintiff’s title, or anycloud on Plaintiff’s title thereto. Plaintiff will amend this complaint to allege their truenames and capacities when ascertained.
8.
Plaintiff is informed and believes and thereon alleges that, at all times hereinmentioned each of the defendants sued herein was the agent and employee of each of the remaining defendants. Plaintiff alleges that each and every defendant alleged hereinratified the conduct of each and every other defendant. Plaintiff further alleges that atall times said defendants were was acting within the purpose and scope of such agencyand employment.
II.HISTORICAL BACKGROUND
of 00

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