Professional Documents
Culture Documents
Notice #3
Exhibits Volume B
B-35
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 2 of 35
Case 2:08-cv-0155 AP-CW Document 44 Filed 0 12008 Page 8 of 31
1 b) Victor Parks in his declaration in the Opposition to the Motion (Exhibit # 100), p5
2 states:
3 "11. The following weak, on Friday, October 15, Ileamed that thelander, Countrywide was
4 suspending a decision on the loan because Zemlk had not yet sent me the fully executed
7 The document presented in Exhibit #24 is an invalid and inadmissible document. Art
8 Keshavarzi tried to get it authenticated by Maria McLaurin, Bank Manager in Countrywide
9 (Exhibit B).
10 10. This document was never included by Countrywide in subpoenas as part of the
11 Underwriting Decision/Condition Letters. It was not part of Countrywide's Loan File.
12 This document was created on October 26, 2004, and not on October 15 or earlier, as implied
13
here.
14
11. This document never stated the reason for the suspension as claimed in the
15
previous sentence of Parks , declaration.
16
12.) The claim in Paragraph 11, and Exhibit #24 are false and deliberately
17
misleading.
18
b) Again, on p6 of Victor Parks' declaration in the Opposition to the Motion, he stated:
19
" 16. The only reason Countrywide did not approve the appraisal of the property was that we
20
did not timely receive the Preliminary TIUe Report and the executed Purchase AgreemeRt."
21
This statement is lacking any valid evidence. This claim is false and misleading.
22
c) Plaintiff, through her Attorney of Record, in the Sur-Reply Briefp3, and Exhibit #28,
23
stated:
24
·Second, to remove any doubt that Countrywide suspended Samaan'. loan because It had
25
not yet received a signed Purchase Agreement, attached hereto Is Exhibit 28 to the
26
Supplemental Declaration of Victor Parks. Exhibit 28 Is a letter from Countryside to Victor
27
Parte, dated November 6, 2006, confirming that Countrywtde did, In fact, cancel Ns Samaan'.
28
5
NOTICE OF COUNTRYWIDE DOCUMENT PURPORTED BY PLAINTIFF VALID UNDERWRITING LETTER
#SC087400
Notice #3
Exhibits Volume B
B-36
Case 2:08-cv-0155
-
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 3 of 35
AP-CW Document 44 Filed a 12008 Page 9 of 31
1 loan because defendant had not yet provided her with a fully executed Purchase
2 Agreement.-
3 This statement is lacking any valid evidence. This statement is false and misleading.
4 d) Victor Parks, in his Supplemental Declaration in the Sur-Reply stated:
5 MAttached hereto as Exhibit 28, Is a true and correct copy of a letter I received from
6 Countrywide Home Loana, Inc., dated November 6, 2008, confirming that on or around
7 October 14, 2004, Countrywide suspended the processing of Ms Samaan'sloan because they
8 had not yet received a copy of the fully executed Purchase Agreement. This letter Is
10 2004.-
11 This statement is lacking any valid evidence. This statement is false and deliberately
12 misleading.,.
13 Countrywide's Current Position Regarding this Document
14 In April-May 2007, Defendant & Cross Complainant attempted to obtain from Countrywide
15 an official statement confirming or refuting the validity of the statements by Parks, Samaan,
16
and McLaurin, and Keshavarzi, that implied that the document was received by Parks on
17
October 14 or 15. When the legal Department refused to respond, Defendant approached Mr
18
Mozilo and mr Samuel in a personal request for help. For anybody working that at that level
19
in Countrywide, reading the date of an Underwriting Letter should not take more than
20
seconds. Moreover, Mr Mozilo is Chair of the Internal Audit Committee, and charged with
21
preventing fraud at any time by Countrywide and its employees. Mr Samuel share
22
responsibility for the integrity of operations at Countrywide. Moreover, Mr Samuel
23
advertised on the web, as President of Bet Tzedek free legal services that anybody who is
24
victim of fraud should come to him for help.
25
Following my request to confirm or refute that this document was not date October 14,
26
2004, but was dated October 26, 2004, Countrywide started the procedure for issuing a
27
28
6
NOTICE OF COUNTRYWIDE DOCUMENT PURPORTED BY PLAINTIFF VALID UNDERWRITING LETTER
flSC087400
Notice #3
Exhibits Volume B
B-3?
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 4 of 35
Case 2:08-cv-0155t ,P-CW Document 44 Filed 04 2008 Page 10 of 31
1 Protective Order with an ex parte out of compliance with law and Rules of Court on July 6,
2 2007.
3 1/1
4 I make this declaration under penalty of perjury according to the laws of the state of
5 California. Signed here, in Beverly Hills, California, December 19,2007.
6
7 By:,
) ..~ _
8 JOSEPH ZERNIK
DEFENDANT & CROSS COMPLAINANT
9 in proper
10
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28
7
NOTICE OF COUNTRYWIDE DOCUMENT PURPORTED BY PLAINTIFF VALID UNDERWRITING LETTER
#SC087400
Notice #3
Exhibits Volume 8
8-38
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 5 of 35
Case 2:08-cv-0155t IP-CW Document 44 Filed 04 2008 Page 11 of 31
Notice #3
Exhibits Volume B
B-39
-
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 6 of 35
Case 2:08-cv-0155t Document 44 Filed OL. .'2008 Page 12 of 31
I~-
1. :n4, 400. DO .
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$1.718,000 proq.ram VU1de1iDe At. Cbat: 'to btu!:, _ill l:J~r .twr
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Notice #3
Exhibits Volume B
B-40
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 7 of 35
Case 2:08-cv-0155l Document 44 Filed Ot.. 2008 Page 13 of 31
.. 1li'U.l W ul0 'Co fUftd YO\l~ ).QCI vbea tbe fel.lbwiaq :cmQJ,t,L.ona ue caet tt.Mo •• .i.~It.' w1ll • .l,.to appear
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Notice #3
Exhibits Volume 8
8-41
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 8 of 35
Case 2:08-cv-0155( ,p-cw Document 44 Filed OL. 2008 Page 14 of 31
1
2
3
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5
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8
9
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27 EXHIBITB
28
9
NOTICE OF COUNTRYWIDE DOCUMENT PURPORTED BY PLAINTIFF VALID UNDERWRITING LETTER
#SC087400
Notice #3
Exhibits Volume B
B-42
_.
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 9 of 35
Case 2:08-cv-0155( .P-cw Document 44 Filed 04 2008 Page 15 of 31
750 lindaro
Suite 110
San Rafael, CA 94901
Fax
From: Maria McLaurin, Branch Manager
Fax: Time:
Date:
• Comments:
Confidentiality Notice: The information oontained in and transmitted with this communication is strictly
confidential. is intended only for the use of the intended recipient, and is !he property of CountryoNide
. Financial Corporation or its affiliates and subsidiaries. If you are not the intended recipient, you are
hereby notified that any use of the information rontained in or transmitted with the communication or
dissemination, distribution. or ropying of this communication is strictly prohibited by law. If you have
received this communication in error, please immediately notify the sender by email or telephone and
delete the original message or any copy of it in your possession. Thank You.
Notice #3
I
Exhibits Volume B
B-43
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 10 of 35
Case 2:08-cv-0155t .P-cw
Document 44 Filed Ot.. 2008 Page 16 of 31
~ntryvvide·
AMERICA'SWHOLESALE LENDER
(415) Z57-2700
(415) 259-0866 F.-..x
November 6, 2006
Victor Parks
Pacific Mortgage Consultants
Mr. Parks.
This is to confirm that Countrywide Home Loans processed the above referenced
mortgage application on or around October 14, 2004. The loan was Suspended pending
receipt ofa copy of the fully executed purchase agreement. Attached is a copy of the
letter issued by Countrywide Home Loans.
Thank You,
Maria McLaurin
Branch Manager
Notice #3
Exhibits Volume B
B-44
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 11 of 35
Case 2:08-cv-0155t .P-cw Document 44 "Filed Ot, 2008 Page 17 of 31
Loan ~ tIC JI1 L:nm A1lH l:bt:.. r:ee1:OnJ.l' CCcUpIlIc1 Typ6: OWNER OOCOP:I:~
~~, JIEO"OC&l>
_T""" POI\CJl1ISI: _GftIdo: NfA
p~-.,3:aD S P&:X oa CI.cIls-w: 'IU
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Dat.e:
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'this loa" l\a.II ~en 5VsnHOXt> "ntH tb.9 :toUoot!ng l.nto.....tion ia pro'l"i~. we _n .,..~.i"..
thi8 info~tion by 10/25/2004. If wa do "o~ ~eaivc it bY tba~ data, we ~t c~o... th.. flla
(01: i-nor;aspletea• .o8.. Whetl we receive: 'the inlo&mtlt.ion, we wi11 );evi.,..v the £:Lls for tu"-.her
deto;t'ntinotion ..
J. CDS]» Al'J"'Pt'.J.1 I'tq:r~ rol' th!a enMn-otid P-=Q9rilUll wI • "S, added. too .
ftel I .my eond1tlonllt pl"O¥id. .. ,",..pI.et. ~ p4t:lt.a9O &1.aDg .1th
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31,
Notice #3
Exhibits Volume B
B-45
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 12 of 35
Case 2:08-cv-0155( ,p-cw Document 44 Filed O~ ,2008 Page 18 of 31
w. w.u... ~ ole t:.t:l fUnd )IOU%' .loaD when ell.- to.l.loldOlJ c:Qt\d:.t1ons aJ:of: nat. (th.... leems will al"O .pp.ca.r
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1D/U/2004
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yn lD~O'. G:I IHtlf awlJlLoyed . . . lQ~..'tion
__________'O'7B-
Notice #3
Exhibits Volume B
B-46
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 13 of 35
Case 2:08-cv-0155~ ,p-cw Document 44 /2008 Page 19 of 31
Maria,
Attached please ind the declaration and letter. I would really appreciate your help, as we are only asking
for the document to be authenticated. If you have any questions please let me know. If it is acceptable to
you please sign and fal( it to 213-44:>-2910. Thanks again.
«DOC. PDF»
Moe Keshavarzl, Esq.
Sheppard Multin Richter & Hampton, LLP
333 South tlope Street, 48th Floor
Los Angeles, CA 90071-1448
Direct Une: 213..0 17-5544
Fax: 213-443-2910
Email: mkeshavarzi@sheppardmullin.com
This message is Bent by a law firm and may contain information that is
privileged or confidential. l~ you received this/transmission in error. please
notify the sender by reply. e-mail and delete the message and any attachments.
Sbeppard. Mu11in. Rf.cht~r ~ Hampton LLP
Notice #3
Exhibits Volume B
8-47
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 14 of 35
Case 2:08-cv-0155l ,p-cw Document 44 Filed 0" ,2008 Page 20 of 31
3
4 1. I am the br,anch manager for the San Rafael branch of C0ll!ltrywide
5 Home Loans, Inc., the'branch that processed Ms. Samaan's loan (loan Dumber 81737375),
6 In or around October 14, 2004, Countrywide suspended Ms. Samaan's loan because
7 Cpuntrywide had not yet received a copy of the fully executed purchase agreement
8 Attached hereto as Exhibit 30 is a true and correct copy ofthe letter that Countrywide sent
~ ,to Ms. Samaan's broker, Victor Parks.
10
11 I declare under penalty 0 f perjury un cler the laws of the State of California
13
14 Executed on November 6,2006 at San Rafael, California.
..... '
15
16
17
18
Maria McLaurin
I
19 I
20
21
I
22
23
24
25
26
27
28
WOZ-WES1:IMMX.I\400lllIS;.1
-1-
DECLARATlONOF MAA1AMCLAURlN
II
~
Notice #3
Exhibits Volume B
B-48
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 15 of 35
Case 2:08-cv-0155l ,p-cw Document 44 Filed OL, ,'2008 Page 21 of 31
-SHEPPARD l\IID.J..l N
;:iH:-p;";.~rJ i-.,~lll"J::-: c-r(l:.; Go: t1Ni)l1 ON LL~
4/1lt1 Floor I 333 SOIl\h Hope street I Lc9 Angeles. CA 9007101446
2130620·1780 offlClf I 213-620-1398 fI:I)( I WWW'.:t1ICf>p,rrlrDul6n.1:Vm
ATTO~NEYS AT ~AW
Tow number ofpages: . ~.3 If all pap arc not ~eivc;d. please call
(includillg l-pliBO ~ sbeet) ~ David Zasloff at 213-62()..1780t Ext. 4507
0631007025 g.sT:tMMK1\4001170S4.1
Notice #3
Exhibits Volume B
B-49
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 16 of 35
Case 2:08-cv-0155t Document 44 Filed 04 2008 Page 22 of 31
-_..
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Notice #3
Exhibits Volume B
B-50
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 17 of 35
Case 2:08-cv-0155l ~P-CW Document 44 Filed 0.:, ,2008 Page 23 of 31
tfe ~~ " ...w.. 'Co. !.:wnl VcnlIE' 1~ .,.",_u ~h~ £Ou..ovt..oe aC*1dJ,.:J.OftS b):'* . . .1:. (t.hC'=-: "'r.1M'IJ, K1.11 AJ-o IPI\N:fU
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Notice #3
Exhibits Volume B
B-51
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 18 of 35
Case 2:08-cv-0155\ Document 44 Filed 0, :2008 Page 24 of 31
VI 1110312006 03;21 PM
bee
Subject 6~ Suspsl\5e from Countrywide
Hi Maria.
~
AtIached1.PDF
Notice #3
Exhibits Volume B
B-52
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 19 of 35
Case 2:08-cv-0155l . P-cw Document 44 Filed 04 2008 Page 25 of 31
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This loan h&a ~n S~~~OIW unto;'l !:he folloving inf"=m.otion i/J provideG. II" "oat. """,ive
l:1l1l information by 10/2&/JI004, It _ do ~ "eo"lYo it by that date............ t cl."ft t.h" f'l.le
£or uOQl1lPl0tfJinlill30.. Ifbe.n we reQ'e'1.ve tile 1nfCftlbtion, we wi.l~ reviow th. f£19 tor 1!urth.e.r
determinetion.
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Notice #3
Exhibits Volume B
B·53
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 20 of 35
Case 2:08-cv-0155( Document 44 Filed 0" Page 26 of 31
JJo abl.o ~. fund )'fnlr loml "ben t M follkJQq ::cnu;U,t.lonB are :&et (t.he•• i.tllt~3 ,,1.11 ~o appear
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APPIIA1Illl1-l\CCJ>L'TAIIl.E CI£L/1OI:W "".....XMJ. IIIIlI YAL-$_l
i t ""t f11n<1od by 12/2 l'''''vide • cl>"l~ .,.. ..... Z<lceR
'tlwnk fOU CDr .\d;wi.ttLI19 your loaD 'toe COUrl'L-tywidh ~-'Ge'rlca·s Irhol....l. Lendell 11'1 .1I)e.~.ly Al)pr"aei&'t..
you>: ..... l.De•••
lO/H/2004
._--------------------------------------------
~ 1IIUTD5If 1IXPLU:IU'10ll' REGAAOrwG _
Aecl'»t.abl. _OlMal.1.ob. WIl)' Du.~.11 .ill III rev.n:e J,.s 01\ 1227 So
Al.f:r.cS, i .. A.
_.-......,
._~ISTT&R.WIJ)
Notice #3
Exhibits Volume B
B-54
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 21 of 35
Case 2:08-cv-0155( ,p-cw Document 44 Filed 04 ,2008 Page 27 of 31
~PO~ {O~NiRYWIOE HOME LOANS ~15-25S-Q865 (MOt\)HOV 6 2006 17:5?/ST. i?:S7/NO. 6334870015 P I
,
7St) "'l'lQtlro
SuO '110
san Ra~el, CA {M901
It
f.x f'.....m: (41$) 259-0005
,
Ii
1
,,
I
I
t'
. denUalitv Notice: The lnfOrm8tIOfI contaNd in and 1mnsmitted wItt1 Ihi~ oomlTlUlicatlon 1& mctly I
co 'ai, is n.ended only tor1tle useoftha Intended rec:.1>ient. and is lhc property ofCo\.l~
Fin Caporation or its afIi~ and SVllsid'l3l'ieS. If you ere not tile intended recipient, you are
nolifieCl that any we of !he informatiOn contained in or ttBnsmilted wiln lhe communication Of
inallon, dlstrlbutlon, or copying of this COO1I'IlJnicatiori it s1ricUY prohibited by laW. If you have
1M communication in error. pIeese immadiately notify the sender by email or teJephone and
the OIi9inal message or any oopy of it In yoor f,X)$$e$Sion. Thetlk You.
j
I
I
Notice #3
Exhibits Volume B
B-55
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 22 of 35
Case 2:08-cv-0155(
-
p-cw Document 44 Filed 00::, '2008 Page 28 of 31
FROM COUNTRYWI~E HOME lOA~S ~'S-259-086S (MON) NOV 6 200~ 11: 57/5T. 17: 57/NO. 533487~015 P 2
I
SAN R.AP'AII'..... CAI.tFt\ttNI"", 94901
(+1$) 257.:/.700
(+1 S) 259-01160 FAX
I
I
i
V· I r Parks
p ~fic Mortgage Consultants
I
Re Nivie S8.Ill88Jl
I Loan Number 81737375
~ Property address: 320 S Peck Dr
! . Beverl)' Hills. CA 90212
I
!Parks,
i
Th I is to confinn that CoUDIr)'Wide Home LoaJUl ~ the above referenced
m I 8 e application on or around October 14,2004. The loan was Suspended ptnding
'pt of a copy oftbe fully executed purchase agreement. Attached is a copy ofthe
issued .by CountryWide Home Loans.
Notice #3
Exhibits Volume 8
8-56
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 23 of 35
Case 2:08-cv-0155t IP-CW Document 44 Filed 0.; 2008 Page 29 of 31
1 Joseph Zernik
Defendant & Cross Complainant
2 in proper
3 2415 Saint George Street
Los Feliz, CA 90027
4 Tel: (310) 435-9107
Fax: (801) 998·0917
5 PROOF OF SERVICE
6 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the Los Angeles County, State of California, I am over the age of 18
7 years and not a party to the action; my business address is: _
On Dec 19,2007, I served the foregoing document described as:
8
Notice ofDocument Purported by Plaintiffas a valid Underwriting Letter.
9 This document was served on the interested party or parties in this action by placing a
true copy thereof in the finn's mail, enclosed in a sealed envelope, and addressed as noted in
10 the attached mailing list.
11 [xl BY MAIL: I am familiar with processing correspondence for mailing. Under that
practice it is deposited with the U.S. Postal Service on that same day with postage thereon
12 fully prepaid at Beverly Hills, California in the ordinary course of business. I am aware that
13 on motion of the party served, service is presumed invalid if the postal cancellation date or
postage meter date is more than one working day after the date of deposit for mailing in this
14 declaration.
15 FORAITORNEYS FOR PARTIES
[ ] VIA FACSIMILE: I caused all of the pages of the above entitled document to be sent to
16 the recipients noted above via electronic transfer (FAX) at the facsimile number as noted in
the attached mailing list. This document was transmitted by facsimile and transmission
17 reported complete without error.
18 FOR COURT FILING
[ ] BY PERSONAL DELIVERY: I delivered such envelope by hand to the offices of the
19 addressees noted in the attached mailing list.
20 [x] BY EMAIL: Courtesy copy. Sent by email with copy to me by Joseph Zernik in Pro Per.
Executed on Dec 19,2007, Los Angeles, California.
21 I declare under penalty of perjury under the laws of the State of California that the
22 above is true and correct.
MAILING LIST:
23 1. NIVIE SAMAAN 2.COLDWELL BANKER + LIBOW
Moe Keshavani, Esq Robert J. Shulkin, Esq.
24 SHEPPARD MULLIN, LLP COLDWELL BANKER
25 333 SOUTH HOPE STREET THE LAW DEPARTMENT
4S TH FLOOR 11611 SAN VICENTE BLVD 9TH
26 LOS ANGELES, CA 90071 LOS ANGELES, CA 90049
27 FAX: (213) 620-1398 FAX: 3104471902
28 Name Signafure
10
NOTICE OF COUNTRYWIDE DOCUMENT PURPORTED BY PLAINTIFF VALID UNDERWRITING LETTER
#SC087400
Notice #3
Exhibits Volume 8
8-57
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 24 of 35
Case 2:08-cv-0155l \p-cw Document 44 Filed OL. ,2008 Page 30 of 31
PLAINTIFF(S), 08-CV-0155O-VAP-CW
v.
JACQUELINE CONNOR ET AL
PROOF OF SERVICE - ACKNOWLEDGMENT
OF SERVICE
DEFENDANT(S).
I. the undersigned. certify and declare that I am over the age of 18 years, employed in the County of
Los Angeles, . State of California, and not a
party to the above-entitled cause. On April 15th , 20 08 , I served a true copy of
Plaintiffof Fraudulent Countrywide Underwriting Letter
by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by
depositing it in the United States Mail in a sealed envelope with the postage thereon fully prepaid to the following;
(list names and addresses for person(s) served. Attach additional pages if necessary.)
o I hereby certify that I am a member of the Bar of the United States District Court, Central District of
California.
o I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the
service was made.
IIa I hereby certify under the penalty of perjury that the foregoing is true and corre
TJZe:.7U/
ACKNOWLEDGEMENT OF SERVICE
I. , received a true copy of the within document on '
Notice #3
Exhibits Volume B
8-58
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 25 of 35
Case 2:08-cv-0155l \p-cw Document 44 2008 Page 31 of 31
Sarah L Overton
Cummings McClorey Davis Acho and Associates
3801 University Avenue
Suite 700
Riverside, CA 92501
951-276-4420
Email: soverton@cmda-law.com
John W Patton, Jr
Pasternak Pasternak & Patton
1875 Century Park E
Suite 2200
Los Angeles, CA 90067-2523
310-553-1500
Email: jwp@paslaw.com
Michael L Wachtell
Buchalter Nemer PC
1000 Wilshire Boulevard Suite 1500
Los Angeles, CA 90017-2457
213-891-5761
Email: mwachtell@buchalter.com
John Amberg
Bryan Cave, LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Tel (3101576-2100
Fax (3101 576-2200
Email: jwamberg@BryanCave.com
Notice #3
Exhibits Volume B
B-59
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 26 of 35
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 Exhibit B(2)
April 12, 2009; NOTICE #2, RE: CFC/BAC
William Allen Parsley, Borrower
Case # 05-90374
Notice #3
Exhibits Volume 8
8-60
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 27 of 35
p.l
Notice #3
Exhibits Volume B
B-61
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 28 of 35
101;; C:::, 0"1 05: 031"
1".2
10/22/2004 15:42 3105507531 MARA ESCRO\~
.... ~.~ • ..... "",V£,,U"\-LL. o'"'t'lll'\cr\; f"AGF.: 02
310 n71 463~; S~P-22.04
4;OlPM;
r.... lrmnnT. \(on Lani MollJ
PAGE 15/15
--_... _----~
NoOn:; TO $tsu..E~~ Do NO" &tgn In 1:n.:J, box unt" ..n. t.uyctaJ91lfl In P~""OfI6. ,~O~ r ~~ ~it~~. it "C,hOI~)
___ _ •••_ __~ OlOto Yl~ a,.",l]I'l/I
.._ T'_ 0''"':....
Notice #3
Exhibits Volume B
B-62
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 29 of 35
Oo~ 25 04 05103p p.3
14ARA I:.SCl<UW
310 ~71 4834; 3EP-22-04 ~:59PM; PAGE 13/15
p;3
f:
...... __._..._----.,...--
... Cho:IiC'~:' .... ULy.Pu: C01lNT.l!.A (lPFcn. :ll'IUp, III n""klll.O h COu ' Cf'4".o) to al"l.,th,of' ,.m~A(:II"'O f)u~/(C.) 0" t~c ""'3' ~Y' Or
~., t:lot 0 .. 'h6 ".n,.T'lC .15. In ',",,"\. C:::Ovl\'Uf Ott.t.....cc..ptW1eO of '''1= CQ r-t OJtor ~)l' ~1I1t.l.f .It:ll~ f1()t DIll' btn"""',, UR~ N'to" . . . .
Cit 11: i:J
~"'~I'I:J)' rn'~-:>QI1~ QV t.ollr' jr V~'Q,o"4.,h i E:c.rt1l'l' "ttd CO'M1Tt\,l",I'=J'lI,(tn« ,IIj,.II'"..'J1 l'""C""P't"I1~ ~" m"wl) by Qtl'fl'V'f:lhn1).o ~'OtV'(I CoI1'l•
•'" /.'W'r0'\6fl" by ""'l~ 0' O\-' ',('I(:,t("u1c. whICh 'lJ Q~~t).,~ tQOrt,.,.."g. fQo auYor ""1('1 ~"V'~ ~~-.) .
?'Ot r~
"'0 GDl'''p•.-I'OA QI :.n at tnl.ltou ~...",,"'1t... Ouyt:f ilf'<! Gl~'l)r~~Jr htlW'O 110 OVll\\> 0' OD..g~on" ).,).. Ilw Pdlot~ Uol :...". 01 lntl I'tdptffty.
,:~
.,
..
Notice #3
Exhibits Volume B
B-63
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 30 of 35
UO~ ~~ U~ u~:u~p p ....
2. FINA"'(:l; TFAMs: Obt.'''ln. Iho IoAno bp.l_ "" .. a<>l'\llnllon.y of 1111. /Iil,",olYlent unlOU; (I)",K!w1 2ft 01 2l 10 cI1o<1<.a bolo"", or (III ollKlrwi.o
.greed ,n wrIIlw,l. Uuy<:r ,n•••~l dfhu"nlly ;'r><l,,, gOOd ~rth 10 ODtaln !IIo do."'.Olod 1... 1\&, oor-I'lInc d'ooo,l. dOl'll) ony"",,,, nod clo.."') «>lIt<. ... nO\
• tiO..II"9CO~Y· Duyvr tepI"""AI6I11ul funO$Wlillle ll¢od whO" <Iep.slted "11th E$C10",l-lOltl\!J. :1.0 000 00
A. INITIAL DEPOSIT: ouyor "". 91\"on a <l<'pa.._ln 'he omounl or , .. • •• ."., - .. .. • .,." l '
tl) 11m ;tQpnf "Ilhm.%ng tlte offet (ot" tJ3' LJ ). bl" Crt::lonul c::f'.c:'(k
(0' G. ... I. pay,blc 10 ""lid" •
wtlld\ Shall b~ held uneasbll:'<l until AcQ:ptpnce un" then d-epQ~jtea w;tnftt 3 rJu~fn(:tJ$ dil~ "tmr AC'Xlpmnco
\01 ::J . ). will>
Ewo"'HoltlQ'. (OlD lnlq B'oke".$t",stOC¢Q\l"I).
l!l. INCRCA:;r;O oePOslT: Ower .MU llCPOl:l1 ....,tJ1 F.'3Crow tloldrJ an .. "",,,,,od d<'lpo:>lT 'n lilt .""""" fA
wnnln lr.>YA Af\~r ~pl~ce. or CI .
. $-------
C. FIRST LOAIl IN THE AMOUIlT OF .• • ..•..•. ,.".:, •• , .••• , ••• , ••• , •••. ,.... .•.•. • ..• $ 1., 336,0(}0.OO
tll >.II:W FI,., D<Ie<l Of '1'\1$( Itt t?,uor "f lende,. enovmberlnp tho PI'Ol-'<"tY. S<'(:II!'i.... " not" tillY"'>'" ~I m,,,"m,,,,,
tntll'l~ -0'
~ "122 o!.(. fij(4i'ld 'A1:I'. a.r r. OQQ 91. 'InitJullJdju»fub-lo fl:dO mtb Q maXlr'ttUM itltcn:~J':)1C;
01 .-2..fUUL- "". b"lanCC due '1\ 30 )'elll!l. 31YlOroted OIl!( 30 yeanl. auyer oholl
P'll'-lt>Qn rees/points nO! to ""e«lId . (Th."'I."'" apolywhelhet llle deliIp",,"'d loan
t$ CO"",,entiM:t1. FHA 01 VA.~
III 0 fHA ;:; VA :n", 'ouow,n!! "'mY.. on". Dp\llY 10 Iho "w. O' VA ""'" 'Ol" l> et>t!<ked.)
Sonor tIl~. o~Y % ,,~.ounI90"bo. Sailor tollolt ~ olber ~ nel a_1O "" P~><l ~y »UY"".
n
"0' 10 CO"",,"
S---.- Sellor a"'l1 P~)/ ,he _1<' lon<1o' "'flul"'''
Rcp.>'I>' (l.1<Judlng
lhoM fOf woQd "~tT'Oyh~ c~.t) t\N Athl;lf'tNiI;.D prcwid..d fo' il\ tbla Agrcl'lI"l,mt. 0 not 1Q C'OCc:c<'d
:; • ~_ • ./Aclu""llo:.n .;,VfIQUrtt fTI:;Iy 1t\~'OD if mvrtg::lQa In~ur;rnoe ptcfr'\liUlTI:.. fut\Chl"lO
'~05 ¢or e!os:.lna (,(bt3 :uc 1,n::1l\~cd,j
O. ADDlnONAL FINANCING TERMS: s.:llc' '""""o"g. (OAR. Fotm SFJ\): ""OO/lllOry lInon.. ng, .•. _ . S _ _-'1"'6"'1'''','''0''''0''''0:...:....O=()
(C A.R. rOfl"'fl PM p.;·U·~'lf;Jph 41:\ ; :L"'to:tJntnd n"anoih CA.ft. F~rm P PQ~ I";U) ...0)
e. BALANCEO/, f>URCrtAse f'~ICe (nOt InnJudlnQ 006ts of ob'olnllQ loans and otll8r doSina costs) ill the sm:>unl of . 5 l.!!L,.o_Q.D_·_Q.Q.
'0 be d8PO.~ed ,\<it, l".ClOW ,"o'<fgr willi'" .ufficl~nl fim~ to cI"",~ escrow
fl.f'VI'tCHA"'1: ('R1CqTOl'ALI' . .., _.. . .. .. .. . .. ' , :1, "'70 l 00(1. 00
C. LOAN M"PLlCIIl'ION.S: With," ~ (ar Q
blQJ(..,.,. S.Utlng th~t. bc."QtI 0"' ~ Jcwlow
) D.Y" Me' A<cap"'nco. ~"yet .hall o'O"!do !;eUot a lellor f,om
Dr Buyer'~ w'ilt.en ~p»elit\",rr Mel ere<!it repa-rt. SLl}/e1 1$
"'lid",
prequafltred or preapproved tor the N:'W rOiln
or motl!l~g.. IOk.
9~Cr01K' in 2C ~ bQv,..
H. VFRIF'CATION 0" DOWN ,.... mr...T AltO CLOOINO COaT'll; 0<1\'9' (0' Ooy",·:. ""'''0' 0' lo-on ')f"",/'Or ou"'u~'" 10 ;101 "h~l1. wi!)],.
1101 0 I Q~s Aller AcccPtOnCCl, DI"Ovi<lc 5cJlorwlil1~n lU\1;tJe.>tl.n o. Auyo~. down ~yP1<,nl ~nd clo3lng m.~.
LOAN CONTINGeNCV REMOVAL: (I) Within 17 (Dr 0 I D"l'" Aller ACCQIl~noe. Suver "h<1I~ :IS .peoi~ In ""r"il",ph 14. f<!"Ylove
the Jo:n contingency Of caoeot tttl$ Agreement OR {", (It ch~ed) 0 thl! foiilfl lXIntil1~nw shalf l:em.:-ir1 in e'fhJ~ until t~ de....;:Jgn~ lo.al'!t 2M'
1Lf"t'.e<J.
J. APPRAISAL COtlYINC(NCV ...1<0 R£MOVAL- ThIo.Ag","",ont I. (OR, I( ~¢Ia><j. Cl" NOT) <Onll/l9"'" UJlO" ttoe Property aol"""'"9 at no
~S8 ~an l'I'\e aoecificd purcl1as,e ortee. If tk."Oo ~ '" loVl con~n.;CnCYI t.l.t the time: tho 1om'J conf1rlglPt)C.)" " l'I;!tn¢vad (ot. It chBdrted, ~ w,lntA 17 (Ot
;:1_. _ ) Oays Ak"r AlXJ'ptonCllI. Buy~ """n. "" npecl_ In P.~Dp~ HO(:l~ ,.."... tho _to;...t ""l\hnO"••y 0, C."ec:II/l~ Aore........nt.
It tMrf't ~ no. ~,"n l;:/lfltln.,oncy, RliY"J'r fIto.Ol~ n9 ...peclftAn In P"fU$Jl'l'lPt'l 14Dl.3). feJT'll)'YO til,," "OI:l~"'ot -l,X,)fI1It,gcoey W:\NR 1T COt' ) O;»:v"'"
Allor AcceolonCf,.
K. (j 1m LOAN COnTIUGE/fCY (It cI>t!~l; Obtolmng ",~y Io.n in p.r"llfapb, 2C, 20 or ~1...wheICl in lhl"~nll:> NOT Q ""nU"S"""Y 01 t~l.
Agreement. It Buyer does nOI obt;Jl" th~ rQE'ln and ::Ie.:I m ..ul, 8U)"'i1r doeR.not pul'Che..GOC 'l'lo Pl'oVCrty. Soifer Moy ~ .."t1tfcoo to Ouyofe (fC'f)O'Sit or
o\ttCt' ~~ar r.QMrdlf.!'~
L. 0 ALL eMmo, '·I:R{I(CI1oc.e~l:Nol.an "'t\tte<Ie<lIO porcnese tne f<top0ttY. $U)/e( moll. "'.JIlin 7 lor 0 ) O.y~ A~..r ACCllpl.~ce.
p'Ovlde :SeVer W(IUoiII) vetiflC3II01\ Of 'SufttQe1lt funofl tn close this tt3nsattJon.
2. Cf.,O$PJt:. ,,'He occtJiP,Ufc.v;
A. Buyor in{Qnd, \or G do(',; not ....'I)nd) 10 dC;¢.U~)J 1M J"I\)(.IAI1Y"~ l\l,lywf":l P(,II"J"I:uy n:~:Itt"IlCO'.
,.. :."o'.O_C...,.d .... ",c;>nl p,opatty: Oeevp.ncy 01>.11 ~ OCliv....." III ilLIYor 0'1 --.1..L...... ~ AM 0 f't;l. 0 on ''''' oPt~ 01 ClOse Of e.er"",;
[J ~"-- - - - : 0' 0 no late, rn,," D.a~" Mer CIOMl 01 Etc,_. (C-I'.R. Form P~f ~l tI b'MoIt>, o'OO~ on"
occ.up'nq do nor oCCur;>[ the ~IM lim... !;l"Y<!1 aM Sellal era advised 1<>: (I) elMr Irtkt,. wrill"" o=p~ne,. noul . '"0"
...... :~~~~~n;e..;~~:~~~~~r; •..J:; o",""fNtuol".~hcPrud
.,al)tlIO'''''-JoAtt''' Itt... "., .... CJ' ""'" )o)lftft~. 4-.",owt. b, ~'!"'1 M.~"'''''''''''' etlt ":4~
..,.,•...,•• ~ng l.lJawr..llf M ~l"J"t4,....,w~ 101""",,* C_f)(\.~h1 r 1,..O.. ..,no:
Guyot'", InJtIJ2b (
i::iC'ller~ l'l,tlab -
'1E)
__-
(.-
( _
:;;"""'''U'''NIo4''''l!ot)Cll\l'lo.-.OF,u;Al,lU~.INI:AJ.\,R1GHTliRFS)!'RVED. . R~tM4dbY D:Ll(\ .~=
RPA~J\ R5VJ5r;:O 1010% 4PAGE 1 oro 8t ~~a~UItCHA!:1""AI.;:Rr'.cJ\tliJr,,~_ A fo'; 1 .... 8 ""'''''''.
Allon" "~Y.c ~~..,~"," "hone: 1.;t'OH7"t8~'" x: (310) P...,,~r.. I1"'.'''~ Wl NFOtmll4ll""......'"
8ro~or: G,nl!",n J. CrJl'1l1l RellltO~ l;l3l W~~twood olvd. . LM An C4 ~OO,.
Notice #3
Exhibits Volume B
B-64
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 31 of 35
Uo~ ~:> u ... U~IU"'p
Property Address; "lee ~ ""eck 1i1.,U: P "q;UArly t1;' 7" a CA.......2a..~.tL-- Oate:s=r;c"'b=r, ra01
C. 'Ton~nt-o~"..P;~" Pl'OP""¥' (0) P""!><'rty ~II b" v~ ... nI. 2t "'..., t; Cot 0 _ ) 0!t'/" PrIOr \Q CIO"" or to"""",. ""1"",,, othcnvlM oll""'d
In WrC1nl;J. NQtI) to $au4)": rt yc;JU »I'tt unodblo to ~Iiv~ Pro~rty ".. earn: 'n aceordanu willt .... n\ cor,trot dJt(l.Qther .3pptk~bae l...:Jw. you miJY
b" In b .....ch of thla Ag_,"cnt.
OR -{lIllil theeklKl) 0
T~""m to 'l'_1n In pQv.lO~~lO'n. Tne alllltJlo" ~tldendum 1$ U'COlllorallOd Inlo thl& Atl"'amenl (CAR FQnn PM.
DJ/~9'1I0n 3 ).
OR (0') (I( ""cCknd) 0 Th.. All_men,,,; i.Onl111\lOn, upon auyo, ana seU~ren"'ri"Omlo" W1Jll(ln .~tllO"",nt n:g..,diFlll o"",pancy of tlte P1cpony
within -""""-"PcCi!lcd In l"'~9rap/l141l(1).lfnowrtn"" llll,eem9lltiaIl!at:1led WlI.nlnlhls.time. ,,1\'"''
I;Iw'"or OoUCt1ft>ly ..,n"""th",Ag,c."'cnl
InwnUtI\l.
O. At C.Jo~ at C.,c;ro....... S1l'lt'or D5&tgflti la Ol,lye-r nn)' QAdPh.obtto vJOllTOt\ly nghrs for Items ~nc:'udlld in lJMa $Q'IJ -=-ntJ: liffloll 9tQVtdlf ~ny "\l"..,btbf~ CQP'Ctlil,
ot ::su,:"r, \yjjrranl.IO'$. efokert. amnoltsn'13 wltl not de,ernnne- the ~s:iolQD&OIlRY Of &.oy wart.Git\beJS.
E. AI Cto:;e Of eSC/OW. un~5·Dfh.rwl$. OC,god In wr~lng, !.••~, ,h311 provrlle ~G)'$ en~lor maanB Ie> OJlet~le aU locl<s, I'lalftJoxe9 security .ysw.....
alar~ 8t1d ~~'aQiJ door OPeners, Ir I'rQpr.rty k .;) eondDmin'um 01 IDQt8cf In .a tommQ1\ intAtest stJbdfvf5.ton. Buyer maY' b~ rP.Qulre<:J to PRY :J
d~otdt to 1""" H(J"""O'''''nc,,;' As,aod.ua~ rtt0A1 tfl ObtA1D fw.)'J) to !l:COO':J"ilbre ,HOA 't:lCItk1cJc.
... ALLOCATION Or- C06TS (It eheClled): Un"'", OIMtWiSA $l»Clflotl he..... lhil P"'''OrJ>J>h only <Iotctm>no. ""'0 r" to P&y 'or.M ,.pott".a.peGlioh. , _
or 6etvJee Men1161'led. If l\Dt sper:itJed rtere Ot &tAewhere tn thbiJ ,6oreemeftt. thA dltMnt'lln..-t1ct'l afwha b to pGY 'I01lJny w6rk tec'OMfl'\t;ftded Of idermned
by "nJ .uel1 (epol'. inspeCllon. te:ll or selVlce $haU bll bY ll>e m<:tl>od ... ~olr~ in ~"'o",,,h 14D(2).
A. WOOD OI!STliOYINC "''':8T ,,,,l\P£:CTlO,,:
11) C! ~yer 0 SeUiltr Shelf Day for dB In:.pC'dion ::md rapert for woOd do~tJo)ling pc6tA li1~ o'9.f')~S f1'tepon'j which c:haoll t!e PP:PJ,~
oJ _ • a rcor5tere<! ",,"uccursl pest
ContrOl cCl'flpan)'. Tne R.eport shet' Q)"Xl:r tf\e B'O:Qe99lbteo ~r&'" of tho rna'" huMlng and trttJdlod £'Uu:tu/&S and. 1f
ched\ed; U Ch:J'l~Ci"VD 9&r~oC", :inti t;:;arporb, Ct d~LActt,.d d,pod\'l"', 0 th" tol16w/ftO c)(hl)f l'J(I'",ewJft'\ 0' "rO(J!$
. TIYo Ao""rt '''''''
~d~~-pmPbay~ a oonoomlntum or 10ciltetf In (l cornmop fnteTv5t ,ubdMsron, tnO' Report 1Jhall fnchJdg only it'to
,gp.....", Inlo",51 'Mel any ,,.au£IVQ·Uuo are,s beIng cr~n*rred Mclsh!lll hollnclua. commo" 'fl!Q~. unl""" otllP.lWitl4> ~~'''''d. WAIN" lo,t. i f
.,.ht-wof' pr1tttt. al'\ tJ(J~1 ~V~I tJrtlb I'Nl YhOt ~ perlOm'l6d wlth02l! eonlent of Ihe own.an: 01 prOD0rty tv~row tNt. f.~t
OR (2) lllI (It ellccko<I) Tn.. atla""acl .d<lenq~lT\ eC.A.o'l, ~O"" WPA) nog.rdr1ll "",,0<1 d~.r~ng pDot Inspaalon and .llociltlon of co!)t Is itIC01)lOflilCtl
mto 1/)1$ Agreement.
Il. OTltER INSPECTIONS ANo ~ePOl<T&:
If I 0 !3IlVOt lJ .$rIlior .h,,1t ~llY to hlVA 4DP!lC or p,IYAlo ~tw.O" cll.p~.1 "-lI"lG_ ;""ll"OfOd ...,- _
C2) 0 I'lu,,,,, i:J Solie, ~h~1I P"Y '0 ~.vo dotnesbc wells tasted fe, WBler potDDWlly end PIllC1"ClI~ny _-:--:- - _
(3)
(4)
LJ C"'....)'~: t.'l !:e:t~ICt" oh.;a.ll PAY for a nntutal tlaurcl.l~a~GJltSu(4I fapOl't vrePDrB,~:d~D~Y~S~..~2~2~e~r~f!~,C~lJ~O~L~C~~==========
D avyp, 0 1:~'I4" ~hofll"'l' (", ",,,doll_Ill? "'opCCllon or ~p"11 . ,~
..
c, ~b~~~9;~~~~~::rT~;~1~~R~F:;;evo" o rr_Obit - - - - - - - - - - - - - - - - - - - - - - - -
0 Buye, Q1I Sene, shall pay fo, 5'T10~e detecto' InslAWatlon "rv:!Jer woo"'r ha,le, il<;>Q"Go If mqulrad by I.&w. Prio' 10 CI""" Of' ~.U"""". :SaUer
el)
$h~" J)1'OV1C1A 8uil;'r 9 wrlttt'n r:;t;:Il"ltf1l:!"l1t Of~",pljt.no:o In iI.;:CO~rH::pt wkn c.t:;I~ and 10C6. t.:.w. l.I~S oxetY\t)l.
(7) C! ~UyJ)f OJ Solllfll:l' 'lCh..,·d' Pl'llV th~ oo5t or G'?"1pb.Dnot"' witJl nI'TY olhr.-I" minimum J'Nln12l)torv !Jov"mrtmtd mtrttf''' :.tRl'tdnfd'p, ll"rt.Dodiol';Co ~D
r.f!lpc~ If f"J~lurod ~:: condit.em of d051n'IJ (S6C/'QW under lIny law. _
o. eSCROW AND nfLl:'
(i) A1,t~ (E!Ho\det
aa FOCIO'tN' ch:tll be- ",",~c;L.;Ci..~~.~'C..
....
S,.,IIt!r Sholll).:ay c::c.etow foe. ~:I,i(~;:~.b~,,~Y"'~r:t~:,,~d=.1:/:2~ ~~1:2:tg::=::;::::::::===:=:;::;:::;===~==:;;=:
.
l2) 0 'Ioye r Dll 6'l lI e r .~~u poy 'Or ownor·,. "lIe In~U!Dflt.C polley .p~ad In p"r~9,aph 12 ~~~<;;~Qy!',.mu.. C"J.IJaYR_ .
OWner'~ ~lle potlcy Ie b" '"UOd QY _ _,...,....-,-
(Buye, .han Poy '0' anylltie Insurance uollcyln~ul~Iluyc~" lender••n1~.. o"'on,,;.., "lltccd In writing.)
.... O'll4"/'( CO::T~:
(1) C. nuyal "-1..11,. ..,..,, ""1 CuunlJ ,...
~ or n.r.:",,~ ",~n"lcl f~" .~- - _
(2) 0 OWOI Oil .roll p.y CIt)' l/"n.I","'o Ofltllns',n lee
~ollo' 0 _
(3)
(4)
0 Ow", 0 Sollo, .holl pay l"IOA tranll1"ctfe"• .,--c--;---------------------------
0 Buye' I' &Ill., .""11 ,,~y HOA (l(>Oum.n'onI~ ...,D" fOO$ "..-------------.~;__::::__:7::_:_:_:__::::::::_:_::;:
(I» C Du',,,, Cit S,,".., .hall pay tha CO",. no' la ~lfGIl<ld S .35<1 QQ • of" Ono'yvUI h"",c W."'il'J1Y pl;n.
i&'ued byF;.r....C =,,~~~...Y.a~~""n'_"r.""1:"'D"'..,,:u.... __ ~, _
with the following oDtiQt1~J coverage. - - _
(6) C! Ouyor 0 Sel'e' "'011 P.y /0, ~ •., • _
(11 D EloJy'" 0 Seller ~".ot' l'.Y 'or ......__ =__
::---::--::-:=,..,.==co-:--:-:~::_==_:_:====:::;_------
5. SYAYu'l'ORY DI,:\CLOSIJReS UNCt.IJOING LSAD·BASED PA'JIIT l!A2ARl> OJSCLOSUJU;!l) AND CAJIlce.LATION RIGHTS,
A_ (1) Gene, ~hall. WJTh'" the fJmc $pecirJed In per~,gI"3.D" 1.4A del;,,!!r to 8L1ye,.. II feqr/Jrecl by l;Jw; ,I} f='oOdof"",1 L"..a.BA~ P:lint Ci'5ClosurrrJo W'IId
P.:lmp"klr: \u-ad OI"I(I"I,I!i"'lq: Ol'td tU) f:Jt:SoCIOSUrftfl Of nQ\~ requIre" or
~onp 1107. et seq. anc;t 11m~ ~,afthlJ C ...\tfornl-a !;hIllCndo
1":';\~lntory Disc:.\Oau~Si·'). Sti3t\ltl.1l'!'V OfC.CiOl'i\lfC:'1 Int:lvdo. ttut em not IJml[(Jd to, Q RoOI [.').1.:100 TfiJnr.'er D~dQwn: ~tatem&nJ: rTPS"). N'uWr-211
tiaza,d Olsclosure SUI1emen1 '"NtiO':. nOlle" 0' octu,,", i<r>owlodlla of '010.0. of IleO.1 conltolJod <Ubo.u"""•• aU"" of "pOUI.! 1:1>< lOI'(JIur
""s"•• ,,,.,nto (Of. ,f auQW80. l'llostantlauy ecluiualent notice fllJJardlng "'C Mello-Itoa. Communl17 Facilileo AQt and Im"",""""'nl 0""" Act of
1'>1 St untl I' :;aue, n... ActullI kMow"",ge. 8n InclUSlrial ~811na mll/1:)ty ordnance locoU"" (IIsO)sura (CAR. Form SSD).
12) Buye' AhaD. wnuln lho limo opo<:iI"ovuln /)iI"9"P!I 148(1). tlIlu,nllJOnctl CO~le& ef,.c StoMO/}' ~ Loml DiodO!\u",. W :><>1"',
(3) in 1he wehl t'i~U.r. ptiOt In Cla-.;e Of l>:'\CfOW, ~On'lt), "WDfIC Of tl(IV(\"4C Cl:Jnt,fJtl.Qn" ~ruUIy .::dfeetln9 t110 VrOf\Orty. or .any ~b!"'lIl
In."u'~Cy ,n (lISc!D:>ule&• .nrDrmatlon Of repr,~malions prsulou.l~ ptQYloed 10 e~f of wtlld> ~uYer I. olhcrw~ Un.WlIIl), SClicr
",,,,,.,p\ly pro",<,~ a .ubooqucn' or ''''''l1d<rd clr'<I""llte Of not...... in writing, _erinp tho'" ltem••~o_v.... ~auenl: or _"de<!
"""It
",,,,,I,,,,,)", ~MlI not I>n "'qulr<td tor <ondltlon..."" _,i.1 rnllCeur..cIQ~ OmCloM(llft rtlpcr\S " ~~
eUYOf.lnl~lll. ( /7" ( ~
C.""rig.''''''O'.'OO' CAUrORNlA A""OClATION OF AO/lLTOR34>. INC
A:PA..c", REYlseo t0102 (PAGE 2 OJ:' A)
Gel!e(.lnllfbl:> (
R~tJ bot I
z:: P~ll' H
I
=
~~;;
CAU"O~NI'" RFS'Ot::NTIAL VU>{CHASl' AG~(:rJ,1I1.1'l'r (RPA-CA PAf5'l: 2 OF n) "f~~ROl'O 7.1'>;
Notice #3
Exhibits Volume 6
6-65
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 32 of 35
OO~ 25 04 05t04p p.6
(d) S4!Lrer rcpr.. on,~ l~ ,,~ ite"... IndudCd In lh" pUrdI""" pnet, unl_ OlJl_ ~pI!01'eQ, lire OWIle<l ~~ liell!lr.
(0) AI Il.m.lnclu<lood .hn' \>I' tRIn.1ArrO<l_ ef'ion••nd WlInou. 0011<01 Wlllt.nty.
C. ITEiMllrXClUOI D >'ROM SALE'; •_ _ . _
.£l/
InU\O~t'O~I"')n:!l ea,.,!" ;:r,flaV h.we W.Dtllrf. 021$. ete.c:I;ltCty ilt'ld an open\b)e J»rQC: flgtll$ 011 tor Buye(5o ,n\Jo~.ticH"$ 8l'tA1 \hroug-" the t:tete ga~c;cion It
n1a.d~tW;()I1:11bJ¢ to Bu~l'
F1uY"'''ln,lr.lio( ~!.
C"""n~.'1IiQ19~'·~OO2 CAllFOFlN,AASSOC'A110r<O' 1lr....LTOFl!1'i>. INe. ==-~).:.(=:;;==-:...,
S.JJor. '''''''''••(;.;;;=;:;.......
Il,.....c.. IlEVlSEO '0'02 (PAGE 3 O~ 4) Il~ bv 0.1.
CALI.ORNJA RF.morNTrAL PU~HM1F' AORF.I'MFNT \RPA·CA pAc;e 3 Or' ~)
Notice #3
Exhibits Volume B
B-66
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 33 of 35
Ooe 25 O~ 05105p p.?
1G. Rl!I'AIFcS, ~c~"'.. ,""'1 ". (XI"'l".ted ."0' to final V¢rlftcollDn Dr ~11'on vntou othorwl..., .'1.....q 'n wriUng. ~P"rl U> bG peIto"n.", "t S ...nrs
~)'pAftWI m~y I')It QetfOrm~o ov $O"(u" 01" thr(klOh Otn",~, pro"docl1b.at Ih. w,,'"
eM\,,11M wljh ;rppliCJlb10 \.ZtN'. indUdlnO tlQ'llotnmct\trJ! p..nmll &~otIlJebo:\
a"" apJ>(oval requ"em."... Rep",.. snail ~. perlormec In .. gClbd, ~1Ifu1 monner wltlt materlals of quality and IlPp/lll/'ll""" compa",.'" 10 eXl$llng
"'2m.a... U '$ lICld<lmooa mel e>tact rllstQ(alioD of gppearllnce or <::csmelk: Items tolklwing al RepaltlJ may IlDI be /IOSsible. $elle'
roCclPts lor R"".,rs pel10rmed oy OlOers. (n)llreoatt 9 WllUen atat_ent tnClio:Jtulg lha ~p"'r$ Pl"...O........d bV S<lU~, """ the Cl<>ID 01 sue/! Repo"c: .wJ
III oblain "".Il:
t l1l1 P'OVI(S.n COPMSlA n( ~Ipf,." ~n~ ~\:»:{.,Rt\lntllto alJYer D:\Cr to ftn.olvormco.l!Ol1 Dt' QOJ\l:htum.
11. DOYER INDLMNITY AND $l'lI.U:R I'ROYI:CTIOlf f'OR DlTJ.IV U,.ON PJltOPeRTY, Buyer Sh8~: (i) Icf,oj>/l IIIe ...rO/ledV tree "tid de.... ~ 11011$: (II)
R.o3;' ell (Ionl09~ ,,"01"9 from Buye' '"v,,"'19ctio"~' "ltd (Iii) IOO"',,"IIf ~nd hold SeUcr h~rm'c"" I'I'llm /lll ·"""lUng li:Jbifity, dalm:o, d","~ dnmag'K
o"et oo<\$, Buyer .hall """y. or Buy.' ~"..II ",quite ""YOO': QOiIlQ on BUye,', be"'" 10 """Y, "o~eil>ol cof Iinbillty, _.l",,~' tomp<I"$~DD ~nd olh~.
OpphellD'o ",Ou'o"". Ooro"':lI"O Dnd prD\elct!nn S!.'I'-r ~om "ubtl,ly ror tiny In!ut"'" III pot(.on9 or pmp"fIY o""urtil'lll dur"'ll arry Buy..r InvMllgobono or
w!)rk dOne on l"O PrGpr.rty JIlt FluyAt'~ dIrectIOn a:mor to C1050 Of r~orcv.r. 1;;;gJlcr b odi"ht~d that a:ntarn protc:c;:uons IMY be: btrlX'dr:JC1 St,)lIbf by ~j"ns fJ
'NQlIce 01 ""'".,eopon.lblilly- (C A.~. form NNR) lor Suyer Inlle$llgeliOlls .nd 'hOr!( dOM on \he l'rolHlr\y ot BlIl"'''' (lI....o"",. 8ul"!'fs obl,</"Uon.
una.' til", aarap""," .hall SvrvlVo 1M 1f;rmlt\.'lOn oftnls AG'l!""'etll.
12. TlTL., ",.,0 Vl<GTDIIG:
J\. \Mlnin I.'" limo r.pecrriD(llo p",egr.>ph 14. Buy", maU Ix> p",v,deO 00 CUltcnl pl!thmin0'Y (filko) report. wIlf(;h ,. only an ofter I»' "'" W. """,rot 10
"'.uP. D pollc\l of till<- In.u,anco ""<I may nof conl.:lln (NOty iteM a""",'ng fill•. Ov;(t(S _eN 01 th.. pteJlminal)' 1'epol! .. <IeI llny ot!lc::1' malla", whldl
m...,. affect tllJ<> .... " ~oodlng.n~y of llll, Agreomena "C ~p~C1$.~ In pa'''9rl1ph HS,
6. TIP~ 1$ lak,n In liS P't'5cnl t:l'l'1O,POD 'U,hjeCllo .11 .nc:umlll'1lln""•• "allGmonts. """"":lillO, oon<litiDrl•• ",.Iridlon<, ~. Dna ql"",
1fl;l1lOC>. whclh"r
ar
of 'O.;Qrd 01 nol. a. of 1M O~IO 01 Aa:epl;lD,,* t:l\WpI. II} mOD~\lI'Y II0llS ,CtOm unlCOS &yer i$ 0"4VIllIl19tl103<: obugauons or ~king rile f't'opIlf1)'
~ubJ.Ollo lMW ubIJg&UOns' Md (,;) l/losc maru:<s wniCll Sellel has ag"",," 10 rem...", III wmsng.
c. Wilhin Ill. tim<, ,poo",oc! in ""rag/llp" 1.. .<1. sene' nallO OUtY to diSClOSe 10 awe'
all mailers Kf10wn 10 Seller affecti'IQ whether of """,ra not lme. or
D. AI Clo~ Of C,QQW. Ouy<>( "".., """';,It, " g"",! <I~c" con""l'Inj) t,l!<! (0(. {Ol olClt.l< ooop......l<VC' or It.>ng·U1Ml 100(>(,' "" "'~l\l1"mrn\ of .~
~rtd'~Y." or .,! :a..,lt":'f' 1C'.Q~ht,lJd mt,QfO"d). lncludini oil. "'''CJ'QI end W....lor ftgfJb I' c:urtontty Ow'l'fl'\O by :;;..I,,,,.
Titk1 'Jl\QII "'cr.':.t ,),:1 dC;-3>I)ln.:ated in
C>u¢. ~""plo,"onlal e""ro.. ,,,,,lfUe\.o,l•. iHE MANN!:" O~ TAKlNO nnE MAY HAVE ::>lGtjlf'JCIIN1 LeGAL AND TAX CONSI!OUI:NCes.
CONSULT AN APPr<OPRIATE PRorESSIONAt..
e. guyo, !'}hull 'not'l"". ::t CL";"AlAL'rA H1orne-ownc;" Policy or ntlo fll6ur:Jnca. A titJo comp;:,ny• .,. Owcr.e. ~ e:ttn ptovtdO in.rormalJOI\ I!lbl)ut U1c
aVRJ1::dJ1li·y. ';e.1llr,,1;li1Ity. COVC':'r.t~ • .:»nd GQ5t of VMOU'C litIS ineUfOinrA t:DVO"49~ 4rMt «tdomcmcn'"" If auy.r O&:sifO;) lith) OO'\ttJt~c DthQI' m6f1 tP\l:t
ICqvlt~O by Jh",p.o'~C'''ph.0"Y" ,hOIlI~.tfl,GI Esc,ow HD"'''' 11\ wrrung ona p.y My inI>(0lI!J(1 I. DO.\'
13. :sALE Of·I.IUY""·~ PF'OI'I£RTV:
A. Thl> A!lf'lOmoDl10 NOT co",mllonllrpon "'e ~nlo or any PIOPetlY "",n.~ by flU)'C'.
O~ fl. 0 (I' Chnekndl' Thr Ol'.lItMd {\OOl>'\llum (CAR. I'OfJ'll COP} r~Ob~ng I"" oon6n\lCncy for !be nalO of Pll>llo<\Jl ,"",'1,HI by Ouycr '" mcotl>O'alN1
""~o th,.. Aar...\lJlrJlCnt
u. 11Ml; PlOItJOOS, REMOVAl. OF CONTINGENCIES, CAtJCO:UATIOl-> RiGHTS, T,", '.,IlQowfng (lmo pu\9d$ .....Y .,,,ly bo D_dCld, .._ .
modified dr chlill"tgod by l11\.liul'f wrltil"n 31rl'ooMtll'L Arty fClmo.,;J of COP'tInogenr:loliiJ9 or c:mcnllDtlon undor thin par.>gr:»ph ,Mu"';I bit h\ wrll1ng
(eA.fl, F"..." em.
A, SLI.I.t.R HAS, 7 {o, CJ }
OafS AlIe( A=illnt.e 10 dell~r 10 ""Yet "II ",pOfl:>. (l,.c1O:ru,""" '''''' ,nlOrtnlltlon 10' wn,d> :;elle( I.
J'lespon"nls under paragraprU1- 4. 6A and B. ~. 1ts Ana t:!.
u. ~1 ) I3UYLR HAS: '7 10f ~ __. lOl>ya AlIo, AGa:plIlnC<!, ~nl." Ol/1<lrwll;O 'gIO"" In wHllng. 10:
(f) c.¢'l\J}flt'l:l' \)11 UuyO( In'»P.'J)ti9a'Uo~: aOO/O~ .;III GUu:iot\\l{Otl. mpo~~ A:rd Otbol" folOPliCIIDfO lnform.-"liQn l Wf1JCr\ Buyer ~tve~ f(gm :iellot; ;\11(1
npO/Ovc :m I'TlBncrr.. al1p.ctlr1p tnt' P.rlJoertY (rl\~uaj"O lo~d-b."'-:d' I)vint olf')d ;~od·balilod ""if'll "~8rdt .. ~ 'WOff a~ O,tlN inftHM'iftiOtl f'p$cifled In
par49~U~ ~ and Insurability or Buye, and \he Propc<ly): ,,"~
iii) 'eturn ". sail'" s,gne<f Cool"" 01 SlatulDry and t.ea<l DlotlD'V"",, "ollvered by Solla' In "ccottf~nce wlth '''''''9r.,,'' SA.
<Z) WI"," tnn time ~(*'O in 140(1). euyftr m::lY re-Qu,,::.ttnct 'SoU(lr r'YIok.O ,.qpllltCo -Of t;.koiJ any other adton mg:.rdJDg' th~ 'Proptlrty {C.A,R. Form
n~,. GeJla, hd::l- nO oblia"~lon to agree 10 Of 1€:6t)OI\d 1U UUYI1(.,\tQUd}ib,
(3) 8y Ul~ i;!'nd or ~ t~ :$ptlClfiu:.1 In '48(1) (or 21101" 'o~n conbngoney or ~J tor apptats.bl COntiJ1gent;t), BI/yet 5t'41U. In W.. iling. t.amove the
~Pplicabl. """."geney 'CAR. fonn CR) '" eancellhls A(lteemel1l, How""er, il rne follOWing mspecllone, rePorts Of dlOCfosures a'e not """oe
wl,nm tho II""" "'D'eOfl..<t 'n 1-4A. Ihltl"!' 8uyor h¥ ~ (or 0 ) Q:;I.yJ:. "It,.,
ciACtlipt or (l.ny O'Jf;.'t\ Itt-~. or 1l\C:t ~ t4>odr",,, ,n
,.(n(1j_ 'Whlr.htVttr I': lalnr to 1.n-lOw:J ·"'IJ
=,pph£!.Jblo c:ont:J~8ntY or ~t\CbI th~ ~n!I"mc"t ir. Wl'thng: (I} govemmonr.-m.Dndated IO"pcctlons or
",.crt. "'Clul",d ~•• Cond~lon of cllY.lino: or (.l) ~ '''''''- Olsdosu.... I"'I~t to por"!lreph BB.
c. CONTINUATION OF CON7INGF.NCV OR CO>l'fRACTUr\LOBUGA-nON: SElJ-ER IUGliT'l'O CA.Na;L;
(1) Sell.... n!lht to CAne_I; lJuyv' ConlJ"lIo~v", Soli"'. anv' firnt QllIln~ Royer .. flotirx> to Fluyet ro f't,ItMrm (.~ ,pcdfJed b<>low). <My con..,r
ttn~ J\9teemcr,r trI ..I,mliI"\9 und .,uthon:ec- (<:lum of n~($ cUrCOf.:JI{ it. b1 th~ btnl9 1SPtlC'lfltu;f an ftnlio AgnlUtment, Duyor doe" not remo.VG in \It'fU11\9
,"" appIi""bl. CQ'lllng.ncy 0< ca~""l 'hi, "",1e<l_nL OnGll all ccnltngenClOli ,,"vo Dlf<On lUmovell. Iavure 01 Blll1llr tluyer or Sellet to ClOSe
85C"Ow on tlMc M:lY be ;, b,e:u:1l of t,..~ AgTCCrn&nl.
(2f COntinuoiItion qr C'OhUng.onoy: cvor. _n.Pt' t""
r."'OIrlltiOn of 'ha (It'1\tt ':)I)q(;lf'oO In , 40(1), eltvol' JltttIrfla. U'lo riOh1 to mQS(or .-qu...r:P 16 3ctQcr.
I'fUntWO m wfrl'U\O IN" lIJ'1pr~bl'" oCOf\htlOC!tu:V or ean(.4;ll tin.. Agroomol1t unbJ !loOM Clncftr& pUrou.ant tQI '1"'C(1). 0n00 I)Ollor ,ooolvo£' .Ruye:r't:,
",r41~D removol of ~l/ (;l)nUn9~ncle•• $0110' moy not esncer IhlB Aureement pureu.nllo UC(1),
(3) Sctfl.r ri'IJ'rt to C:;u"Cftl; gUy~r Cortlract OblitIGtlonft~ an!Jtot• ... ftor fIMl: tJfv1ng Du~r u NotICt'to Buyer to portonn (.:.:. .s:pocifted balO'N}. m:llY
Cf'nc.ol ttn.'\ oI\.:)ll)Cm~.nt I" 'W1'IUtag ......0 .ulhOfll..e f'f1tI,l1'O or Uuyof"3 ckQ~r -Jot any or the followln.Q 1~': m If Uuyc' rllll" 10 c1('QO!rit ftJndo ,1).'
r~Qvl""O oy 'A 0' 20. (Ill 11 In. Iv-c, c"po~,roCl PU"'lJont 10 2A or 20 =_ OC)(><l wIlan t1OP"'~: (ib) ~ Auy'" t.,,~ \Q pro,Mo a 11)!l'" ""
requl"'d by 2G: 1M If Buye, t~lI~ to provkf" wrlficatlo>t a. requl,ad by 2H 0' 21.: Iv) If Soller ",~conably QI$lIl'I"Oves ollhe v",""",Uon ~'OYl1led
by 2~ or 2L; (111) if Buyqr ~s lo leW," $t;>!utOry ~nd (..gaC1 Ol!dQSlI"'I~ ~~ reQuJrP(j by p;;I'1tOr.Jpb 6A(2): Of (vil) it SOy.P.r ;ans to ~n 0" inaJpl a
:!.t'Pi'l'iIIM llOuld~tQd d.oll"nDQCt tOI'l'Y'l for :m Inerel:l1;od d900~lr Ill') roqufMd br p:u.:qJr=ph 15, !'.aIJAr ~" not -'l"ircd 10 Wve nuyer .:I Notice- to
"'ur(otrn f'OQa,du"tq Clo:tt: ot ~c.I'O'\N',
(41 N01,OO To eI"yerTo 1'0"0"''' The NObtl>to lluYef!.l> l'et1Orm(C,A.f<, form N"f') Sl\all: 1Il b~ ttlW,.t"'!l; Ill) 00 &Ie"l!:d ~ 8.0el; u,.." !I1l)SI."
BvY'" III ''''''124
(o' U ) bOu," (or "rllollne (Ill» s~"",t"'d In tno appJiCDl1110 paIB9",ph. W~'~11BYerurs 1<> laKt> lhe 3ppRcallll> "'.1/
00110" A NO"'·... 10 ~vYe. '0 "'"1'f01,,, moy nOI n.. g1von:JllY ~'f1"",non 2 Ooy& P.o' to \l1O ""p~Ptlon ill _ RCOb"~"..,
.;; eol'\tlf10t:lf'\.t!y Of" '.;:ttoeol1J\IS AOroomant or m("ltl.l:l 14C/:t, Obhtv-hon I!J-lJYc"~ In~t14lt. ( )(. ~
r;OOVllpnt If:: 100100200:!. CALIfORNIA ASSOClA-nON OF R~I.'0~SUl, INC' I ~Jror'c 't1lu~b ( )( ) 15.[
IH"A-CA REVIeW ,O/b:! {PAGl!! .. Of O} i..~~~~tJv o~ I ~-::;.=
<;""'FO~IJ\ flel,OI:NTIAL rURCAA:lE "''''RCEMENl (~PA.cA PAGE 4 OF 8) I'6Zg921O.l.1·)\
Noliee #3
Exhibits Volume B
B-67
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 34 of 35
uo~ ~~ U~ U~:Uop
r
OUT OF 'l'HE MAnERS INCLUOF.O IN l'HE! 'ARBITRATION OF DISPUTES' pliOVISION TO NEUrnAL
ARaIT~ATION.'· ..!luye""I~~-=-
~--':":""""";:=--=--==:::"- _ _----='::;;:--::;~-=-=====:.J
Notice #3
Exhibits Volume 8
8-68
Case 05-90374 Document 260-1 Filed in TXSB on 05/08/09 Page 35 of 35
uoe ~~ u~ U~:UbP p.~
18. PRORATIONS OF PROPERlY 'tAXES ANO OTHER ITEMS; UnlE:ss olh~ agreed in writing. th& ft>DDWln911~5 &l'1:1D bo PAID
CURRENT "nd Il(Or81..d l,!etWeen Buyer and sener lOll of ClQae Of E'~l;(ow; real PI'Opr:rly t;<><eS lin(! \J(I;>C!.,m&l'Itll. lI,te...,,,t. ",nts.
HOA ~ul~r. :.j)5C1/>I. ""d OmerlJoncy duol. jlnel :>!!.lIl(),Gmctlll: 1I11por.o<l prlor:o Clo$e or E:;crow. pmrniLJm; Oil fnr;ur.1tlc~ 1l'1'",(l1l;'d
D~ Buy<...... pUY"lerllG Ofl bonds :Ofld ASSeSS/l'l"nl~ _~um"'d bV Buyer. aM pavmol'll~ on MeDo-RDQIl .:.mel Olne' Spt/clul Ass"!l!lmenl
OI"\tJ" bond... And <l$Se$sm~n'" Ihot are ROW A lien. 1'r>e fOlloWing itemS s",,11 De assumed by Buyer WTHOUT CREOIT toward Ihe
purchase pM?-: pro.-ale<! paym'lMn 01\ M~lo-Roo .. "nci at~r $poci",l A.""ss('l"oMt Ollll\rlct bonO!> M(\ as.'IOuma~&aM 1-\0,&0, ~~a1
".aeumIlO!:'. Ih,,1 .,ro flOW" 1,0'1'1 but 1'I0t vat due. Prtlpc>rty wiH be """Il::CCotd'd ullotl chol'llo of ownc<""p. Any "l/ptIlbrtlelll.dtoo" b~I'"
sh"U lie oaid:.~ rollows: lI) tor porJOdQ aft/!r (:los", Or E.~"'DW. by Buyer: tlnd (U) lor petlod~ pnOr to Cfo~ or [..crow. by Seller. ,AX
BIL.L.S ISSUED AFTER ClOSl: OF ESCROW SHALl. ac HANDLEO DJREiCTlY BETV\IE:eN BUYER AND St:1-LElil. ProraliQfl$ shall
bit made oo.cd Oil ~ 3D-d;;>y mOfl!h
9. WfTHHOl~NG TAXSS: Soflor ,mil Buyer ;19mn 1(1 nlCeoCvte aoy in"trtlm~nt. nflidnvlI. slQtcmel'lt or ,n3lruC\ion rOM.onably n~ .... "",ry
to "",mply wlll'> tooor,,' (rJrWTA) "no Call1om!,, w,U.hakllng I.IIVi, If reqw,ed (e.A.F<. Farms A$ .. nel A6).
:0. MULTI!"\..!': lJSTlNG SER'JICE;. ("MlS"): Blo~,ctS are aulkorlzed 10 report 10 the MLS a pending sale and. upon Close 01 E'5""'''. tile
term" of 1111$ tranSRClion (0 b" pUbll$l'\ea 8nd dls-;aminzled to pI.lrGOns and ",,,IIl!<:-; lluthon..IKI 10 u$e the InlormotJon on termn
:o:.pprovP.'d by the ML::1.
1. liClUAl HOUSINe OPPORTtJN ITY; Tn9 PropE'rty 1$ $Old in D>mpllanco with fI'>!Ieral. 11191t: :lnd local anti·clJcorirninatllln Lawe.
2. ATTORNeY F'f.'SS: In any action. proceedine. or 9rbitlatlan belw6efl Buyer an<! ~eller arlalno cut or til'" A!jf(':('Jmelll, me pn>V"Ui"g
nllyor Of ~1I"r -.h""
t:>e enUllcd to r~$¢nablc .:ollOMdY (ee" ..ncr OOSI.'> flom the non-prevAiling BuyQl' or Sr.1I"., eXcept 98 provld,,(j,o
p"r.:ogmpI'l17A.
3. SEl.EC'fION OF SERVICE PROVIDERS' rr
BrOkli:r, I~Of BlJyer II! sellet to pe~~. ven<lorn. Or SefIIlce or product prOVld.....
(·Provider,,-). I:l/Okers do "at guaralll~" Iho perfOrmEll1C<l Of ""y Provfders. Buyer ar>:t SEllier mIJY , , _ ANY p(<>VIde", or !heIr 0 -
cnao.iog.
" rlJ~e OF fSSENCr; rNTIRE CON'tRAC1: CHANCF.S: Time is 01 lflt' flo~"nce. Jill ul>(l"""l,:,ndinlJ" bnfw<om the partie:t or"
Jnc/>tl,oraled In Ihi. AqrE>ement. ,t~ {eTmS ,.,." D'llllnd&d by tn.. PMioc ;"" e tin"'l. complate aM ""du£fvo expression of their
Agreement with respecr to It» sUbJec1 maullr. alld may not br.' c:onlradk;llld by cvldsnct Or 0tlY prior ;,o,..,emool "r ClOtlIemporancOuS
"""I agreemefll. ""ny
prov.r.ion of 'his Apre4n'lcl'll is h",lcl to 00 Inetlecttve 0' inl/lIlld. Ihr. r~:linlng prOl/lnlOll:J ID newrth<:leG" be
Groen 'ull 10lee AM otlOC'!. Noll\'lor thl.. lI.!lr6tlMo,,- .....r "l'Iy P'OVl\;I..., 'n il """Y ll,. "xtonded, ""t>nd"llo OClf~. :.1l.C>~d or
ch..ng"". e!'lCcepl in writln9 SlgnC4 by Buy.r and $,,''''r.
S. OTIi£R Te~S ANt) CONDITIONS. l"eIuding 9t!9ohed 5upplemenll<:
A. R'I_R..I!Y."r'S In~clion AQ.r's_ory, tC~.£.~m_al..N
D. ~!!.~~.T:!",..!;(l,l Add<meluz>-'.C A.I-/. t-ormc...,P""A:A"..-p;?-r.>QJ;:1--.-p-:h-,.num...,,"'b-:-."""",-'------. .- - - - - - - - - - - - -
c. sl!l~J.P.'r CO' PAY: ~~~CS~;J't:tI ~Ol ",n cWWt QQfi tto.' Wipeed' I" (t'JrQ pRZ"QMCl 01' chEf :(1daJ.
~.,sa price. 69.t1er;1s AJr'i:In! t;.Dae btM?l;- zsata .a...C;:tl,;l.§oetO 1?:... ~ gt:.ate fJ"·aema«
Notice #3
Exhibits Volume 6
6-69
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 1 of 35
p.lU
a. POTfNTr.... u..V COMPCTING BUVERS ANO SE!LLERS: BlJYer and 5e1I(jr ~ atJIflO\Nledge receipt 01 Q discl~l,Ir.. Of the
possibilllY Of m,,"iple repreSen\Ol~on lly tile BroKer reprl!!lQ/lting !.hal prlncl/llll. 11"Ib: olsdosun= may be psn of a n.un9 <lgielltnP.flI,
l>uy~r-broke' ;lll'MmanT or sopsrat.. oowmc""T (CAR. Form OA). soyar ond"l'!lt~nds tho( 8'olc9r raprfllfnllnSl Du>'fl' mny illso
rllpte:>ell! (llilor !lctenw,1 buy"r~. wl10 may ~didcr, ll'\Ilkc oftetIl on or ultimlltely aoqllire lite Property, SliIllor untf«"standD 111.:ll
Broiler repreM.,"lino Seller may 1)1:10 represel'lt omer sellerS Wi1tl com~9 properties ofinlcne:;t 10 this atlyer.
C. COl\lFIRMAnoH: Th~ (ollOYlino llgcncy retaliotl6tllll" "ril ~I'llby conli1l'lled rar thl~ lrllns;lQliorr.
I.lttini 1\9°'11 .... .....c:~~.r (Pnnt Firm NOIffiO) I~ till' agent
of (GllecJ< oner all ~.... Seller el«:lu&IIIOIy: or 0 bolll the Buyer .....d Seller.
Selling Agem • __ ,_G,i,l.l"~GddJ,rz iJpa:ltCZJ;8 _ (Prinl Firm Ill.......) (If not AAm~
::>0 1.1o.6nO Aqem) l~ Ih" "!lenl of (t.~..cJ< 0"""): W the' tluy.,r llXclu"'''~ly: ot 0 ttlo :;.. lIor ,",XCIU'3tv.-Jy: or 0 l1Mh thllt Uuyor and
Soller. R~al E,tDU1 8to~.:rll "ro ~ol p,,(\1.... 10 tho Agr"em"nt between Buye. Mll So~r.
a. JOttrr eSCR,Qw INSTRUCTIONS TO ESCROW HOLDER:
A. The fallowm", p;I,,oll,aphe, or ..ppll<:able PO"'on9;thcreor, of Ill;;' Agl'('9me'"1 <:on,,~tuto _ joinl "~orow InAttuctlons of
RuYliI' '''lei S<rJll;fr 10 fsc:row Hoh,or, whtCh L"lCro1l\l Holdet I.. to U$O elang Wltl\ ony rololcd ¢Ounl~r O1t<lr~ on<t Qdd~d .., "no ~ny
alld~;o":ll mulUS! lnWuetlOns to el""liI tne ~rO"l': 1,2,4.12. 138. 1AE, 1a. 19. 24. ~a atld C, 2G, 28. 29. 32A, J3 "tid
par8gr;>ph 0 or the "oetlan 1I!Icd Re,,, ES!IO(" SroRr", On Pl'ge ll. If :a Copy of Iho ...cpar.,'e COrnpens3t1on Bgreemenl(1I) provld<>d
far /1'1 pnrJ'gmph 2(1 or 32A. or PBrbgr.,pil D of the ~ ..t.lion titled Rl)(>1 ~tc. I:lro"~", on pllg.o 6 ;c d.. p<l~d wdh Ell"'O'" Hold.r
by I:lrok"r, E'scrow HOl~ ~n;,11 """"'pI such "gr""men1(o) <tfld pay ouT 1>'Om Suy.... Gor Sellor's fUrlCll;, or both, al> sppll<"Abla. tho
Broke,'" competlo..llcn P'<>'Il(j"tl fOr in l'ucl'\ ag~nt(s). The lerms and con<jitioft<S QI trll.. AQroement nol "'" 10M In ll'I.,
npr.elro/l-(/ pn""graph.) cOlt: ;lddlllt>tlal ",,,Ito,,," tor tll4' \nfOfm"b,,,, of Escrow !iOlaor. but ;about Whkh E:;Ctow Holder nI'~ MI be>
cone.rMd. Buyel "nd Seller will .-..ce;v() Escrow Hol(/(lr'~ gt!rHlllll provil'io1l6 (lll\'letly from Escrow Holder :1M WIll flIlC"C!,M eucn
l'lrovlsloflG uPon EsctOV" Holdat's ",quest To me ext~nllhe geneml provisio..... "ro inCOMlo:ll:nl or co...fltd wR!I thls Agreernenl.
,h~ !)onoraJ l:>covi~,ons wm control 3S 10 th" duties ond Obllgatiorn; of [!$Cf(lW HOICIe' oDly. Buyer <lod $nller will eXI;\cuI'" aoa/lfonnl
In~tf\;lct;Oo~. dOC1J~nt~ nnd fOr'ml':. provldnd by E;earow ....o!dor tf'l~ Qrrt "':lsonobly nlOc:c~s.;.t.ry 10 elO:aD tht\ CSO"OlN..
e. A Copy of tr,ln Agreement shall 00 denvtned 10 Es<:ro.... HOlder wllll;n 3 bl$lJlesll. daYb after Acc<:pt61nce
(or 0 _. . . ). 9lJ,1<:!< ~nd Sellef "uthor12.. E..erow
RolOnr 10 ;lceepl "nil r,,1v on CopIes nlld :3'!ln~\l.l'(:11 ..,. dnFlnQd in IN'" AgI\O<>meM "" etil};"~Io. to oj>\'lI\ ll$OOW ;;ttl(l for othor
PUrllO"~' "r escrow. The ",,"tilly of thIS A{).eement as between Auy.... and Sollrr IS not affected by WIlelh.... or wh..n ~llctOW
Holder SIl)M th,,. AgreelTt'i'nt.
c. I'lroker~ &to n p"r1y to t~n "pcrow for tho> ""Ie pUrpO"" Of ooml)en.;,tjo" PUfG<lllllt 10 p"rat/r:lphs ;19, :'ll'A an<1 pnro9repll Doflhe
~OC1;on ~1k1d Rell' CSIIlI'J Orokero.; on pao" a. Boy", ..nd s~nor lrrevoCOlbly -II",~i9" 10 erolmr,. r.ompcnllDtiorl ';pclc,fiO(J in
p~t"9r;!\pns ~9 and 32A. rc~peeweiY. an<;l IrreVQoobly I1lSllUet En<:row Hold"r to disbu/'SO 1M"" funds 10 Brok~rn at CIO'"", or
EscrOW 01 pursu"nI 10 ;any OllIe, ",\Au...y elleClned Clll'IceM:al\Ot\ egr"'tllTl!\fIl. CO~aI'>S3tll>n iMlruetlons can be tmI"'~ or
,,,,,ol<.od only with tho writton co,,:oa"l of arok.".~. E~,¢"()W Holder :\hall immediately J\Olit'y Rlokgro~ II) if BVY"ro iml'OII or any
r.ddlliOl1al d"po~lt Is not TlI<ldc pursu;ont to tills I\gfeemenl or hi flOt ~!'Od ::It tim" or deposit WlTll EliCrow Holder. at (ii) If Iluyer
(1M Seller In~t:uct l:1lcrow HOlder to <;tlnt:el e,o;ctow. .
O. A Copy or any amrmdment ~"I ",ffqcls any p.tt.ll!V'1Dh of Ihla Ag~c"t for wh;Ql Ewow HOldor Is r.,eponllibll') "ha~ DO
dt'llveted to Egcrow Holdor witll,n :2 t\V~i""-~" days mtt'.t muiulli 6Kccution 01 aM ....,,"ndmr.nt.
I. BRoKeR COI\IIPENSATION FROM euvl:l'I: If appllC:;lble. upon Close 01 f:sc:row. Buyer agrees 10 pay CDll'Ipenel>llon 10 Brok9c ....
:s""c;iIlRd io a sop..,."le wrlll,," "910eme,,1 belwo<>n lluyur ..nd a",ket.
I. TI!I'l.MS AND CON0l110H3 Of' OFFER:
ThIS IS on off",r 10 pu",~ the Prcpony on Tne above le/lT1S <>no conditions. All ll~rll9"..pl\" whh ~p"Ce1l tor jnl~81. by Buy"r aflo
Seller aro> ineClrp'ml1~ in INs AlifOetl'lol'lnt only if In,r""ed by en psrtle•. If at lel'>'I l'IJ'le bUlnD! .all parties fnlllal. 0 COll'lI", affB Is
I"dQIJIr"d until agr<:ement '5 tCochod, Sene, h;os lite "9ht to oon~nul!to Offer tho PCOOetly' for ~fO .:Ioate = C l <Jriy oln"rOf~r OIt ,,"y
.me pnor 10 "Oli(,c~r,"n of A=p,,,n=. Huyer n..,. r..fld and acknowla(lg"s rec"pt of ;J CoPy or tho Olr&, p.nd .. gr~ 10 II><: abov"
confirmation of ,"oeney r~lalIonshiPll. 11 thl~ o!ter is """"pred and 13uyer sUbeeqvonlly defaulb. Buyer may til> responsible (0'
o:svmenl 01 Brokp.rs· COIl1D6ns"lIo.... Thl'il Ag.ooment ~ntl:lny SUl'p'_l atld~l'lllum or rno<;lif1C<lllcn, lnd\llling ~ny Cony, mllY 1)<:
$I~d OJ' twO or mar" counl"tp')tl:l. an or whiCh "hall <Qnt>lIIuCc ono ""'0 I"" S~me VJti!in9'
Nolice #3
Exhibits Volume B
B-70
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 2 of 35
p. 11
1'/ODiPny Addmlo": .:J;;J)~·6~ _ J''==.t:' ty Q U'\ hJ' "IMV O,gftJI. tR"c&,""qe..,f .t:'CQ.
~1. EXPIRAYIOH OF OFI'CR; Thl. Dffe,.baU /l",,,,,,,,,",," "'VOKl!d and no d.pO&~·61'1/l1tbe rolumt<l urllass ~OI~/"S>9~ed b~ 3ell/ll~rId a COpy otthe<
$lane" offer Is pr.;,OIIally recehled b~ Buy.'. 0' by • wtlo 1$
:JvthOf~nd D'I 5:00 PM on the thltO ca1end~r rJ... 'j aru,T th~ 0
.
10 rP(p\.vp' II checJ<ed. by
i!.~ep)Lh~.
()oint'll N~mo' ,-' IPrjl'\lu--;;;-----------~---------
._..... J
(...iLl,....' - - - - - - - ... - - - - - .
!. _ •_ _ ' " ) CONrlTlMATION OF "CCep'I'AWCC: A CoPY 01 :sI\jnlod A<Cal>lJlnoe wa; ~""'n.lly rece>VOd bY ""'~ot or Oul'<"'" aulno&eo
lln~bl., <>Q~N em (c~(e) Il{ _ CAM 0 I'M. A binding Agroem...... "'.,.._ ~
" CDPY Of S'9,,~d A"""pt:lnce to I><'r$o""'1)/ received by Dutor or lluynr"s ..ut!toflzed _nt WhalMr or not ""..firmed "'
lhl? «lcumont. Complo\lo" CIt \his tonllnnDUon "' not lo$:.lty ("'lu;'OH! in o1"llOt to cro<>lr> .. blnoinJl ~ It I<. "Qlely
InteM4d 10 ovlden." tho <bIo Iha1 Conl'lrmoliOtl qf Aoce1l1l1~9 ha• ...,..u.....,.,.
REAl., esTATE BPlOKeR$;
A. Real "-'<tal" r;ttoke~ 3/1it ",,, porti.~ to tile Ag-..nr.bolWotn BlI'I6t;,nd ~.lIor.
O. Ag4fJqt ..-of:.rs:oMh,pr.. ':'fC1 conntmGd 4~ :nalOd ,rt P~nlg"4ph 'XI.
C. 1/ ~oeCllll:d ;n p."'!l,oph 'lA. A{jcnl .,ho "ubmIltGd lh<> oHef for lIuyfr ""*'>......1ellges reeaiplo' d"p<>Si~
D. cO""f:RA11~a nROKl!R COMPE:N5ATION' L~log lil'Olle, agrtM to ~y Cooperallng r'.rokr, (Selling Firm) ~n~ OOOlX'",Un9 IlfOket V9,eOffl to
R~OL out of 1.1.~no A,o\<Q"S jlroCL'''''S In ~"'W: (I) Inc. lIlI\OI>nl ..p..~~ ltIlh. MLS. p',,"10"0 CooP.,aUn$! """"', ('to a "'"rtiolom "1 the MLS ,.
wlutl\ 1J'\4 PtO"ctty I:' Oft'6rod 10r ~..""It;o 0' .It toeJprO=J M.l.S; or {II} C' tif eJlwckt'Jd) tho .;Imount ::tpotlz_d 11'1 .0 AQ1l.I.1~ w,,~,. :»grHm&ml (CAR. I=OrM
GL1Cll".Il!u....,~n L.lstlng oro~e(.and cooperating Otl)IcQa-,
Real EstDle Broke' (SOII,1'\9 FIrm) c4Z1~~ GQ#m BPaj ti ars
"1- _. ... .. _.. ~~..§.~ 0.'" ,!Um.t4'llit!'l!r 4 212(/.<1.---
~,n... ~••¥.."...t,,"'=cL~I/..t'!l~___ • C,,~ t,,~ A.!uP'l~lf .-:::t."tc <=..\ 7."'J!M?.4
T"'Qph.ne .1.3,%0) ~78-:Z"!J~ •• _ _ ".' ..£,12'! /!A '-9::178 l!~r1'\aII1JJilR@~e"ct.¢GVf
::JhOr'lti'lrtU(IE..f'1'14Iil - .-
~
-
'~<rtrW tlo!de' IS ,.tenSe~ T:Jj 1M Ca~fomla Oe"...-.' uf a Corr»"'llion6.0 lnlWl"""".D R&al Elita\D. u""nse#
<-_:_. _I Rl!.l1'.CTJON or Of'Frn; No (.Qunf"r offo, ;. 1:>4/nQ m3d1>. Tt>:o 0110r '...", rll~~ Mnd '",oC!"O l>Y :'lr.lk-J on.
:S~ller'!:o
., .
trllhab)
- (O.. ,e)
- .
Nolice #3
Exhibits Volume B
B-71
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 3 of 35
UO~ ~b U~ UbIU~P p. 1<::
C;.>\LHO(\.t'r"
AS~(lCI"Tl ON BUYER'S INSPECTION ADVISORY
O~ Rr"",-'"l"On..S·"· le.A.fl. Form BIll.. Rov",cd 101021
=.
Properly Address: ~~"E~ tJr;t .... -',......=;:oe""'.1"'~<...:H:;;i..,.l"'1:;;"'''"r.....,cA'''''"~9"O'''2.,:L2= ~ j"ProperlYi.
IJ.. IMPORTANCe OF PROPE~TY INVF.STICATlON: Th. pr.Y$!Cll1 condllion of It", Izlnd and imPrQvemenl" beinO purchRsc:d I~ no!
gu;,ranteed by o,lh"r S,,!Ie< or aroker~" j:or Il1ls r~c"n. 1!Ou Should conc!tlCl thorough ;nvMtilJ"lion" of the. PropertY por=nolly and wilh
prbtessi onal6 WhO should pmvlde written repons 0' II\¢IT Inves!igaIJoM. A general phy~iCi31 ;"speetlo" typically lkles nol t:4'IIer all aspeet"
0' the Prop"rty nor items lI.1'~etlng In.. properly lIlg1 .:lfO not physlCQny toc8ted on Ill.. Prollelty. If the profDssionl,l/s rKOmrttet1d fur\h~r
VW~tJ1,p.::.-tJons. incJv(,1in'!) a rt:co,."m~ndtl.'lon by.:l ~n:u CQnftoi opr.rntor ~o rf"Dped ir1~cc-dbl~ 31"00& Qrth<1 Property, you t;f\Ould oontQct
'1""';"00 "~pen. tr.l ""onduct sue'" J.ulolllo(ll>1 ,n"""tiQl1l1on$.
O. LlUySR RIGHTS AAO DUnes; YOu ""V9 an ,Jllifm:vtlv<.' dul)' II:> ,,~ .. td..e '''''~3bl" l;;;8ee 10 prulDCl yourself. In<)U(jlng dl:lOOVllry of
1110 I"glli. p,,,etlc.>1 Und l«.llnlC.:l1 'mp!icatlon~ or disclOSed rlld". and II1I!l IrwC6t1gatioll and v<ll"Oonllon or JOf0lTll311on And IftCl" llY"'l you
~now Qr that l1re witl1in your dlUilen\ attenlion :MId Ot:l&enration. 111111 purCh&~ 89r<KlfTllll'\tgwes: you the r.gl'll to inue~igato tlItl ProPE-lty. It
YOu 9xI"ciee this righL iOnd you o;houltl, you mU:'lt do so in Ilcoordance with ihn mnnll of thai llgrp.Af'rlent. This is thl1 best way for you to
"Ol<iel youn:.olf. II IS '!lxlm",.,Jy I1nponant lor you to r03d "Jf wrin~n roport, providld by proft¥' .... iOl'\~f$ :;ll'd to dl';cu'l.~ ItIt> rMull~ or
""peel ions ""qn Iho pr?les"'¢fl'l1 who Q;>ndllC!ed Ih" InepoClion. You novo Ih" ,ig/lt to MquQO't Ihat Sullor rnaJo." rtt!",'''''' corrucbonu or
:.."" other <><:,Ion l>QS"d llpOfl items di"""vered in yeur tr,,'6$llgatll)tls or discloSed DY Seller. It Seller io;. ... nWllling or uneble to SlJtlsfy your
"eQU"sts_ or \IOu do not wanl to purch2~ the "roperty in Its (lbcJo~"d .;mtl dlGCOY')red conditlof', you have the tight '0 cancel lfle
,gMtlmertt If you 'let vllthl" ~P'Oclfie tlmel J)"riotl•. II you lIo 1101 cClnc<,' 1M agreemcflf rl1 9 timely ;;Ind j)l'Oper Mar>n"r. you mal' bo jl1
,reI\Cl'\ or t;Q1n'r$r,:1
;. SELLER KIGHT'S AND DUTIES: 5~I"r I~ require\! 10 dlzc!oae 10 you tM!.erial filets ~p",,", to him/her tIl.>l affect t~" v,""',, or
IO'.r<,b/li1Y or the Ptop,,-rty. l-IO~v"". 5¢11ot mlly 1101 bt;1 "war¢ of \>Om" Proporly (\ofecb ot mnclJ!iOl1So S"~,,r OOt'l\o nol hall'" A" ~i9il1I1O"
'0 i"6PltCllhc: Property lor Y<1Ur Oil1lelit nor '" Seller "bhgo&lOlld to r{>ll"Jr. correct Dr oth"iW':Ie cUte ~now" dcf..ctG \MIll.... dodosed \D you
)I previously unKnOWn defect" Ina\ are discowred by YDU Or your InepeClors during "<;Grow. The pUlCha~" egreement obllg3leS Seller to
"!lake 1"" ~rop.,,,y 9vaIt"ble to you tor ,MeSli(plions.
). BROKER OflLlGA.TION$; 3ro1\ors dO not have oxp=t1ise In all ur".., IIllla llIcltdor., ¢t>nnOl aClv~,p. you on many 'I""",. su"" '''' llOir
;Ioblll:)'. geologic or """,roOme'll:>1 CO'1diliOllS, haurdoun or Illegal ccr'It,olJed sutlS:JU1CQS, sll'uctural coodilio/ls 01 tI1e ro""'c13tion Ot other
mproven>erll~. or \he c.ondil;Cf\ or Ih~ .oof, Dlumb1ng. h"aUng. 311' Q>ncill<:lt\lnl}. elecirl<:al. r.ewOl', GelJ\ic. wa!lll:> dio;po:;.lli. or Q(IIot ~~tQI'CI.
Th" onlV w:r..y 10 :;IC"uflllOly O<7\lOrmlt1o lht c¢nOl\lon ortb~ f>,¢ll"rtY '" tllrough lin I~etlon by tIn apl''''pn''lu profeC4ion;ol ~I"clod t:ly
IOU. It Oroknr !Jlvt:S YOu tnf.. rr:>l~ 10 "uCtl prot""alOnalS, B(Qk",r dDtl~ nol g~rartl~ \I\eIr perl~ncl!:. You mOlY SGJC<:t uny prO!O'"o>$101l,,1
]f your choosing. In SO\lf'-~ Invehling resldP.fl\l<t1 dwellings wil~ no /llOrl/> than (o ... r units, Brokers have a dulY to make !l dilij)en\ vlSlJal
nspecil~n of tbe 8e<:es.I!M '''<>8~ 01 the Proparty ana to dl.closo rhe resul", 0' that Jf\Spec(lon. Howewr. as $0_ Propurt)! dGfects or
;onrjitJOn~ m~y not bro du';c"vot. blo 1"rom \!l Vt.. ~.p.1 in:'J.pc?@n. II 1. po!':ir1ibt.v Srokn(.3\ .r('J flot ~iMC' 0' ~h()m. If you n2N6 -.nlered lnto .:l
\/tltlen agree,.,."n! VI.!h a E1lok"t, the ~pecifl¢ :el'l'lA of tr"'18gr~rt\cnt will oeterrnJn.e the nalure and e>donl or lI1al Btoker'. duty Ie yD....
ro\) ARe STRONGLY ADVISED ,0 t'NESTlGA-rE THI! CONO\1'ION AND SUliAetLnY OF ALL. ASPEC'l"S Of YHE. PROI'~1Y.IF
rou 00 NOT 00 50. YOU ARE ACTlt.lG AGAINST THE ADVICE: OF BROKERS.
:. YOU ARc AoVlSEO TO CONDUCT INVESTIGATIONS·Ot' THE El'1l1RE PROI'ERTY.INCLUOING. BUT NOT LIMITeD TO THE
FOLLOWING:
1. GENERAl. CONDITION OF THe: PROPeRTY, ITS SYSTeMS AND COMPONeNiS: FOund"tiofl. roor. plumbing, ~::llin", nlr
contlilkmlnll, electrlcol. "'''Cho"",,,1. ~eutlty. poollllp". clner 'truetVFDf and non·s\rUClurPI syslems Olnd eomponent;\. r.><Iure~.
!Will-in "ppl,ances. My por$Qnal proPOrty InClu<led '" the colo. and energy ~ncy of the Prop.,rty. (SlruCl...r(l' engIneers ""11!' best
suiled 10 detel1'nine pO~Je deslan or e""~lrltellond""'.ct.~. ant! wlletllor Improvements Arc ctruetur..nyt>eund.)
2. SQUARI: FOOTAGE'. AGE. OOUNDAAIES: Sq......mfooU>90. room dlmlMur)n~. Jot cr.<tt. '-'lIe ofirnpro"otmentoQf1011oundari"". Any
nllmltri""1 st2l1o:menl" TogatOIOg 1tj.. ~tt lIem' are APP~OXIMAiloNSONI.V and hair.&) nOI b .."" VOf1fj~O by Sellet ..m11:l>MO\ bi>
verlfICd by Brokers. Fen~. neage,. _lis, retaining ",,,11ll. "tid ottler notur:!Jl or cans!Jucted b.1rrlers or mllrk.<!!t;; do not """";:M(i.~
id"nllfy trLle Propel1y boundaries. (Pror..."lonBI$ such as Dppraiset$...rchllo<:ls. r.unreyors "lid QVd englneP.fll. are be${ suIted 10
delo,mlno "QUIlIrA {oo!ogl'. dimensloM ~nrt bounc..ri..." "(ttl,,, PtoPP.t\y.)
~. WOOO OleSTROYING PF.5TS: P",-~/}nce of. or c<:.>fleut/on! ~\(ely iO IQ"a 10 1M ~a"noe Q1 woC<! d"atroying I>~I~ ..net orgBtWrM
.."d oiller InfestllMn or InreC1ion. In$PlIctlon repol1" coverlnglllcslO ilems can be separnle<llnto two se(:ltons; Seaion 1 iaenTiti",,,
are..~ Wh9'e l,..,f"sl8llon or infcction is eyl~, SL'CtiOn 2 hjenllfl~ ...roeas vme<" the.... are condalorn> likelY 10 100d to it\t6Slation Qf
,nlt'elion. A rCQISlc",d Wuaur el pp.R1 control comPllny b t1e:sl slJjled to perlocm Ih/l3~ 'n5~C1lonll.
Notice #3
Exllibits Volume 8
8-72
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 4 of 35
OO~ 25 04 05109p p.13
n .... )"l":l' aod :::-01 1(:'( t')clmowlod{ll!' :mrJ .:lOtt'., th.." Bloj(W" tJ) 0o,,", not Cf~dD whot ,,,lee- BlJycr shou$d ~)i' or .sotfU "'Ihovrd dCCl"J)t: (It) OQ~ l'Iot
~.1nIn1ea lh'3:' conditJun Q1 t~1l2' P'ODIPI'\'f:, "d) 006'$ Pot gUAl'.zt.ntoa lI"tc O9rl'tJin'l\Anc.e~ MOQU&¢Y' 01" t;oMpictencsS. 0' iMf3ie~.'OQt'YICO~. ptod~ or
moa;"'; prOVided or mode b~ gellllf 0' oIM"': (iv) sneu not b6 _pOO$lble 10r dontlflling ~efeo!ll1hBL are not XnOWl'lIo BroNI!lr al'lCl (a) al'e not vr.""lllV
ObSfttV&bl6 .n r~Mol'HJbly :1C:,C8s.6a'ble at.ep~ or me Pr0EHPrtY: (bJ are 111 bOrnmol"l "redS: 01 (e) are oN tru;, ~I\P. l;lf the J'1t1P6J'tV; (v) Shal not DR
""'DonBlbl. to, ",.pe<l'no oubloe """'",. Q. I""rffllm conce.n.. o \no lilll> 01' ".... of P,QP»Jty; (vi) Sh.n Il<ll be "_~"b'" IQr IdeIlW)rlnlllhc ~hOn or
1)ouncU'uy II~ 01 c"'''', Itt:m& ..neottrlQ Vl!c: {VI\) .5n\lR ng\ b9 n:-s.pors.ibl« tot wnrylnQ 'Q1JOfC rQot~c, ICp~Osmte&tlnl1d ot oa.w-" or kt'orrt)a.lA)n
COIl\3Jn"" In Invd*"'hQn '~PM4. MUllole L'cbng send!». ad·....memenlS, ftyen:. or _ r promotlonol maloN1.,; ."111) I'lbilV 1I0l be r"...pon",bko (or
plovJaln~ leD.' or 1l>~ advice "'!Ia'd,ng .n~ .opeC! or • tnln••<:IICIl "" d kilO by BuYer or Saller, 0... till) Sh.11 not b.. MSpOtI$_1br .rovldW,
om., .Ovlel> or inlott'lUl~on In.. ""ao""'lhe know)""", ... wutolllon .nd poriet'O(ll\l\lolrod 10 pcrlcrm _1 ••lDt. ficensed ~vHr. BU)"Ir 4'"" $qller
~QtO~ _Q -:.-oJ'. leo"~, U.c, j"~",~,,ec. (,110 ,."d otbflr aa'(b(I ~",tll"'..tncofrom 4OPfClpn..to pfQfv"~J\:lIlt:-.
I
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'or ,gnalure '.,.
!l....
Date
'1-D!:J _
Buyer Sill rc:
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'ivie 5amaan
--_._~~-
Date
Notice #3
Exhibils Volume B
B-73
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 5 of 35
uo~ c~ U~ Ub:U~P
p.l't
I-'AG£ 14
1~/22i2e0d 15:42 3105507531
PAGE 12/1~
THe I=-OLLOW'NG SHAu. REPI..ACE 'fI-lE WOOD OESTROYING PEST INSPECTION PARAGRAPH (4A in tho california
Residontlilll Purch""e Agre-cmont (RPA.CA)) and ,;Mll !oupnrnede (lny CQn1licting terms In any p~oultlY-9.,nP.r.'t<>CI
"greemerll:
D. (St>cbot11) 0 6uyer £lil Sellcr shall pay lor woll< ,.. commll'nd=d to co=t 'Section l' conditions I;lescribed in lh<'l
Roport and tho cost of ;Mpeetion, Or1try and eloslng of those inaccesttible are:;>s where active inteslatiOn or Infection
I:. dlBcovmnd.
($.. "tion 2) ~ Buyer 0 S"II~'r 6nall pay (or \vork rccornmOilded fo co....ecl "SccliOl'l 2' Gondltlon$ de<lcritled in tho
Report. if requC$leO by BU'Ier.
e.v signing 1:)&'0"", 'lbtl undcr'''9nell "'c knowleClge. U'lat each hns fe;td, unden<t:.ndll and haG NcuiVlCd II copy at till:>
ll,ddendum, .
Dvte ........
25!.t;r~~...:!..r_:<I.'0",a",<I _
Sell¢r
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:luy.ar _ _.. Se~cr
Notice #3
Exhibi1s Volume B
B-74
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 6 of 35
Dot 25 04 05:10p p.15
.-
~11)\,~T1.\1 atallc/~'\a'
PAGE ~'3
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u~·~ ']h .'J,,,,,"~ .~f .~,., ~''''''.'':l'~''' ."'ft,.. r""'9··HN 111 fhlS II'tH. 8ltr-"l' :2IWi1oH ~C'1Iw.uo.t ,It:=Cfl•.wtl\.''r..: .Awt;tt ot.;J.tit;":f) r" (h~ .m.ln.".fioc. 1,h,",'; IlUNY
1•• 1;"" ,;.,11'''' , r. ' n·;I '~.·..rr'••"?l •••• :'::","'b'l('lo ""~.n.· t1.r ..lot'if, ' ~." .noJ .
c. ChUl:O.KNfA ('AJ~ I?LA.N.J{..~ \4 .WoIfe' rt~M ••"'....\I'k."'iu( 41,1.I.:n "~:''''Iu't. O~.,\fr.,.Ylt. oJtVll~'l..m pl"f1.·.n,'l:'It~,\.'\)t ~~••1r:l,i......()/\, ""II.... r.....lJ Lu1.tu.,.;"" f~.
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(;;'lu~ Hot.,••'r 11"..11 .... ' f-.}tt'" ilbn,,}' h) h,·A")lI..: tU "~Jo"P r~ rl...."~' ...
Notice #3
Exhibits Volume B
B-75
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 7 of 35
Case 2:08-cv-0155 .A.P-CW Document 45 Filed 0 12008 Page 1 of 29
~
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3 Tel: (310) 4359107
Fax: (801) 998 0917 -.--1
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4 jzI2345@earthlink.net . C)_··:
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6 DaklOD8.0USlI:38:59
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
JOSEPH ZERNIK No. CV-08-01550-VAP-CW
11 Plaintiff HON C. WOEHRLE, JUDGE
12 J7. NOTICE OF A KEY FRAUDULENT
13 COUNTR~DEDOCUMENT
JACQUELINE CONNOR ET AL
PREVIOUSLY FILED
14 Defendants IN LOS ANGELES SUPERIOR COURT IN
15 SAMAAN V ZERNIK (SC087400)
AS-
16
NOTICE OF CONTRACT FOR PURCHASE
17 OFREALPROPERTYCO~ONLY
18 KNOWN AS 320 SOUTH PECK DR,
BEVERLY HILLS, CALIFORNIA 90212.
19 CITED IN AUGUST 9,2007 JUDGMENT BY
COURT PURSUANT TO CCP §437c.
20
21 FILED IN U.S. DISTRICT COURT IN
SUPPORT OF PLAINTIFF REQUEST TO
22 CONTINUE, ALTERNATIVELY TO
23 CONSOLIDATE HEARINGS
Notice #3
Exhibits Volume B
B-76
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 8 of 35
Case 2:08-cv-0155 \P-CW Document 45 Filed 0 12008 Page 2 of 29
21
22
23
24
25
26
27
28
-2-
NOTICE OF FRAUDULENT COUNTRYWIDE REAL ESTATE CONTRACf
Notice #3
EXhibits Volume B
B-77
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 9 of 35
Case 2:08-cv-0155 xp-cw Document 45 Filed 0 12008 Page 3 of 29
1
STATEMENT OF VERIFICATION OF NOTICE OF A KEY FRAUDULENT
2 COUNRRYWIDE DOCUMENT PREVIOSLY FILED IN LASC
3 IN SAMAAN V ZENRIK (SC087400)
I, Joseph Zernik, am Defendant & Cross Complainant in Samaan v Zernik
4
(SC087400) matter heard in Los Angeles Superior Court, West District, I am also Appellant
5 in Zernik v Los Angeles Superior Court: (B203063), and also Plaintiff in Zernik v Connor et
6 al (CV 08-01550) matter heard in the United States District Court, Los Angeles, California.
7 I have read the foregoing Notice ofKey Fraudulent Countrywide Document Filed
8 in LASC in Samaqan v Zernik (SC087400):
9
NOTICE OF CONTRACT FOR PURCHASE
10 OF REAL PROPERTY COMMONLY KNOWN AS 320 PECK DR, soum
BEVERLY HILLS, CALIFORNIA 90212. CITED IN AUGUST 9,2007 JUDGMENT
11
BY COURT PURSUANT TO CCP §437C.
12
and I know the content thereof to be true and correct. It is correct based on my own
13
personal knowledge as Defendant in pro per in said case. I make this declaration that the
14
foregoing is true and correct under penalty of perjury pursuant to the laws of California and
15 the United States.
16 Executed here in Los Angeles, County of Los Angeles, California, on this 14th day in
17 April, 2008.
18
19 Joseph Zernik
20 Plaintiff
in proper
21
22
23
24
25
26
27
28
-3-
NOTICE OF FRAUDULENT COUNTRYWIDE REAL ESTATE CONTRACT
Notice #3
Exhibits Volume B
B-78
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 10 of 35
Case 2:08-cv-0155 -\P-cw Document 45 Filed 0, 12008 Page 4 of 29
1 Joseph Zemik
in pro per
2 320 S. Peck Avenue
Beverly Hills, California 90212
3 Tel: 310-435-9107
Fax: 801-998-0917
4
5
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES
10 NIVIE SAMAAN, an individual, Case No. SC087400
No Valid Assignment On File
11 Plaintiff,
12 v.
NOTICE
13 JOSEPH ZERNIK, an individual, and DOES 1 OF
14 through 20, inclusive, CONTRACT FOR PURCHASE
OF
15 Defendants. REAL PROPERTY
COMMONLY KNOWN
16 JOSEPH ZERNIK, an individual, AS
17 320 SOUTH PECK DR
Cross-Complainant,
BEVERLY HILLS CALIFORNIA
18
v. 90212
CITED IN
19 COLDWELL BANKER RESIDENTIAL
JUDGMENT BY COURT
20 BROKERAGE; MICHAEL LIBOW, an
PURSUANT TO CCP §437c
21 individual, AUGUST 9, 2007
22 Cross-Defendants.
23
24 DATE: NOVEMBER 13, 2007
25
26
27
TO ALL PARTIES AND THEIR COUNSELS OF RECORD:
28
-1-
NOTICE OF CONTRACT FOR PURCHASE OF REAL PROPERTY CITED IN JUDGMENT BY COURT
Notice #3
Exhibits Volume B
B-79
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 11 of 35
Case 2:08-cv-0155 \P-CW Document 45 Filed O· 12008 Page 5 of 29
1 /1/
2 PLEASE TAKE NOTICE that on August 9, 20007, Judge Jacqueline Connor of
3 Department I, Los Angeles Superior Court, granted the Motion for Swnmary Judgment by
4
Plaintiff, and ordered entry of Judgment by Court.
5
As such:
6
It was ORDERED ADmDGED AND DECREED that PlaintiffNivie Samaan was awarded specific
7
performance ofthe Contract for Purchase of Real Property known as 320 South Peck Drive Beverly
8
HiHs90212.
9
10 Exhibit A is a true and correct copy ofthe Contract for Purchase or Real Property that was
11 introduced as evidence by Keshavarzi in Plaintiffs Reply for Motion for Summary Judgment. This
12 Contract for Purchase of Real Property served as the basis for Judge Connor's Judgment by
Notice #3
EXhibits Volume 8
8-80
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 12 of 35
Case 2:08-cv-0155 AP-CW Document 45 Filed O· 12008 Page 6 of 29
1 significantly - never found among documents produced by Plaintiff, who was both buyer and realtor
2 for buyer!
3 c) This Contract document was never properly authenticated: This document, which was the
4 product of fax transmission, was never properly authenticated by any reasonable standards required
5 for authentication of faxed documents. (e.g., see for reference Rules of Court regarding
6 authentication offax filing with Court Clerk).
7
d) The preponderance ofevidence shows that Plaintiffs claims regarding identity ofSender,
8
Receiver, and time oftransmission are allfalse and deliberately misleading: The fax cover sheet,
9
as well as declarations and oral arguments by Samaan, Parks, and Keshavarzi represent this
10
document as if it had been faxed by Parks, from the State of Washington, to Countrywide, in
11
northern California, on October 25, 2004, 5:03pm. Such claims seem also to be supported by the fax
12
cover sheet and the fax header imprint of this document. However, these were not the true facts in
13
this matter. The anonymous header imprint was routinely used by Samaan during the transaction in
14
2004 to fax documents that appeared to come from Parks. Samaan's fax machine log was
15
introduced as evidence by Samaan herself. Exbibit B is a true and correct copy of the fax log
16
introduced by Samaan. Added on the original document are comments in Courier font by Zernik,
17
and stars to show the instant transmission. This log shows that this Purchase Agreement document
18
was in fact the product offax transmission from Samaan to her husband, JR Lloyd, and not from
19
Parks to Countrywide. Therefore, we do not know what time and by whom it was transferred to
20
Countrywide. Therefore, the transmission of this Contract for Purchase ofReal Property was part
21
of the wire scheme by Samaan and Parks against Zernik and against Financial Institution -
22
Countrywide (albeit with full cooperation of Maria Mclaurin - Branch Manger at San Rafael).
23
e) Even if the purported/ax transmission data, as claimed by Samaan, were taken atface
24
value, this Contract contradicts Plaintiffs claims that were thefoundation o/this litigation as a
25
whole and the Summary Judgment in particular: Samaan's claimed-
26
27 1. That her loan funding was delayed only because of Defendant's missing initials on a Contract faxed by Mara
Escrow on Friday, October 22, 3:42pm -yet Samaan removed the Loan Contingency in response to Notice to
28 Buyer to Perform of Oct 18, 2004, and the instant copy of the Contract shows that it was transmitted by Mara
Notice #3
Exhibits Volume B
B-81
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 13 of 35
Case 2:08-cv-0155 I\P-CW Document 45 Filed O· 12008 Page 7 of 29
1 Escrow on Oct 22, 3:42pm, and it does bear Defendant's initials and signatures.
ii. That she did not remove the Appraisal Contingency, since the delay in Loan Approval delayed her appraisal-
2 yet Samaan already had an appraisal that came in at purchase price,
3 iii. That yet another copy of the Contract was transmitted by Mara Escrow to Victor Parks later than Oct 22, 2004,
3:42 pm - but no evidence whatsoever was shown to that effect -- bearing Defendant's initials and signature.
4 iv. That Victor Parks faxed this Contract - purported to be the Contract document noticed here - to Countrywide
on Oct 25,2004, at 5:03pm - but the fax log shows that the fax transmission of this document at that time was
5 from Samaan to Lloyd.
6 v. The purported receipt of this Contract by Countrywide on Oct 25, 2004 at 5:03 pm caused Countrywide to
immediately approve the loan (but on October 26, 2004, Samaan purportedly received an Underwriting Letter
7 stating Suspension of the Loan Application), which led to immediate approval ofthe appraisal, which allowed
Samaan to remove the Appraisal contingency - but Samaan removed the Appraisal Contingency on the morning
8 of Oct 25,2004, prior to the purported receipt of the Contract by Countrywide.
9 vi. That Samaan removed the Appraisal Contingency on Oct 25, 2004 before Zernik issued Instruction to Cancel
Escrow - but Zernik issued, and Samaan received the Instruction on Oct 21, 2004.
10 Regardless of the offending nature of this document, this is the document that Judge Connor
11 referenced in her Judgment by Court, deemed entered on Aug 9,2007, as the Contactfor Purchase
12 ofReal Property. Therefore, it is the instant document that is the foundation for the Specijic
13 Performance ordered in that Judgment by Court.
14
Defendant Zernik is noticing this Contract for Purchase Agreement at this date, since:
15
a) Such document was never presented by proposed Referee Judge O'Brien, as part of
16
documents that would have formed the foundation for his authority as referee, if appointed. Those
17
documents were supplied to Judge O'Brien by Keshavarzi, yet he failed to provide a copy of the
18
Contract that he introduced in Court as the basis for his claims for Specific Performance.
19
20 b) Such document was never included in Plaintiffs Motion to Compel Appraisal, although that
22 c) Such document was never included in Plaintiff's Noticed Motion for Appointment ofa
23 Receiver, although this Contract would be the foundation for Specific Performance executed by such
24 proposed Receiver.
25
d) Such document was never included in Plaintiff's ex parte application for a Shortened Notice
26
Motion for Appointment ofa Receiver, although this Contract would be the foundation for Specific
27
Performance executed by such proposed Receiver..
28
4
Notice #3
Exhibits Volume 8
8-82
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 14 of 35
Case 2:08-cv-0155 AP-CW Document 45 Filed O· 12008 Page 8 of 29
1 Therefore, Defendant is noticing this Contract for Purchase ofReal Property, which was the
2 foundation for the claims of Specific Performance by Plaintiff, and also the foundation for the
25
26
27
28
5
Notice #3
Exhibits Volume 8
8-83
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 15 of 35
Case 2:08-cv-0155 AP-CW Document 45 Filed 0 12008 Page 9 of 29
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 EXHIBIT A
28
6
Notice #3
Exhibits Volume B
B-84
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 16 of 35
Case 2:08-cv-0155t iP-CW Document 45
Filed 04 ,2008 Page 10 of 29 .
To: ShawnlOonna
N"mber of ~!J"I 15
From: Victor Parks (U\C!lJlhllg eovor)
Notice #3
EXhibits Volume 8
8-85
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 17 of 35
Case 2:08-cv-0155l "p-cw Document 45 Filed OL, ,'2008 Page 11 of 29
----.... ---~--
~- ...
) .
...
Notice #3
Exhibits Volume B
B-86
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 18 of 35
Case 2:08-cv-01551. Document 45 Filed Ot., 2008 Page 12 of 29
Oo~ 25 04 05&03p
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~1IlI~ IM""'l'l'IO OV $cI'l.. I~ 1'lI.'_41lh T IlclO'/f 'il"cleoMnhIflh:II.......t ...... 'l"I1_~ .., mMo by do/<vQNlO" ~11
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Notice #3
Exhibits Volume B
B-87
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 19 of 35
Case 2:08-cv-0155l
Document 45 Filed O~ 2008 Page 13 of 29
_.-..._-~~:;:=:;;;;:;::;:;:;;;:;::;:;;:;:;:;:;:;:;;;;;::;;;;;;;;;;;
l5. iAi:A1'ICe. 01' PU~tnAsJ! I'IVC£ (nor Il\IIIucllnO 00&fs 01 OIllllln~ lI7aIlund Ol/Ier doslllO COlli) Il\ the ,mount 0 1 .s _J.!!L-o..o..o.....o..Q
to be dSIlO$':led \\lkl\ E$etOlY HoltfOr wlll\ln llul/leltont ~ to clO$~ ewow
p. f'\JI'tCHAAJ: fIl:lIcr (fOl'A'-)·. • ••• .••••.•.•••••• S :t« 670, fJOa. Of}
C. LOAN Af'PLICATlOtl,,: With... or (... Q ) ""'YIi Afttl, AcooptllllCll, &toyer lIha1l provldo Selot IIleuor I'mItl b\I1elf or rnoflgllQt'lOlIII
b<oI«oot ~"'Idlg tll~ bIo~d on :l 'Gvlaw 01 Buyo"!. wtDIO<I IIPplICIlUOll Mel eleGit fl/Port. tllIyvl os. ptel¥'allfled or PlllllPPlOVed tor fIJe l\I!W roen
_clflfld;n2CO~q
H. WRlI"CAnoN 0" OO'Mf rAY},V"'NT MO <:t.O&I1'4O CO&~ Q.,yvt (or C"YDt~ I4:IodIIt or I04n I)rOl\ftr ~;JIIl \0 ~(1) ~:J~ wilhm
)' lor 0 _ _ }0Wt$ Mer AccepalllCll. ORJVfIIo SCllotwrlllf!lI Wlti/lelItlon tlAu)/Ata doI'/lI /):l)'l'lt'llt ~Il<l cloCllng .....
I. LOAN CONTlNGeHCY REIlIOVAI.: (I) Willll" tT (or 0 ) o.y.Mtr kotlll:tnClll. guYar lIhall, ;1$ "peo;jliod bt PD'~plt 14. _
1110 loan COMlI!l"nr;:y 01 canc:al ml& Agr_nt OR (\II tlf cn~ed) 0 tbe mil oontlJJll'llI;y 1lhP1. ~~lrt In aff9Cl umB "'" <Ie!Olgn"", bIl"" "f't
'lIIlIleO.
J. APPRAISAl. COffYIN(\(RCY ."0 RENO\fAv Th"'AD_m..nl~ (OF!, 1I'~~. CJ b NOTJ "'IIQ\~ "90" tile t'rapell)' BPIK""""9 I£t no
less -.." t'IIt GQeCiGod pUrchas. Ilrlclf. Irll\ltt~ 1'\ I' 'CW1 conllngllnc:y, Ollho limo lila 10 oo~, III _wd Cor.lfdlQCll6d. :lil W111ltft '1' (or
Q _ _ ) Dav' All,., AccJtptanceJ. auY• •" Ir.I f\pocIfIed '" ,*"",fIOp/' 140(:» _Ibc> ~...iWlI «IltlbftOclllllY or tlI/IQOI 11m P¥ccmtll\I.
II tht'.....\ no
MCt'~IlIICtl.
'0""
t:M.Irt:l'lncy. FI..~r "".ol~ no "P'!dM1S In ,.......,1R>Ph ~oJD(3). rclfl/lW lit. ;IQ:lto"'"
~"gQC\CYOW;lI'In '17 (01'
-
) 0"",,,
K. G NO LOAN CONnNGe:NCY Cltcl\8C11eOI: Obt:tlflln!l any lQan ill pArsgrallh, 2C, 2D orelselOhe/q ill thl!:. ~'"' l:I NOT II ~ of t:ll&
AoreeJlleI1t. If 8uyer dges nol obl;>ln tile 10M and #S1I nu;ult IlI\I)'WcIo"" not puldtllSO tllo PtllI'CIfy. :logo. m.-y I>e ....liIIc'lI to Ovyqf.. "COO'll~ or
C>lI1c' ~1I1 r~l/""df&"
.... D AI.L CASttor 1·1:1' <11 cnccI\ellj: NO Iq:1l1 OJ rn.eoe<l to PU~lse me f'lOpalt\'. I;lu~( 5/1111. WJIIJin ., (01' 0 ) Oayl'l Aft1ar AllQ.Ul)llI'Ioe.
ptovJde SlIkr Wfter.tn v!:ti(lC3hon Of tIltl1c:lellt tuna, to elose thIII tran$llOllc)R.
s. Ct,031N1:. AND occUPAflCYI
flo. eu,.r """nd, \or ['j d...... n~ lIII....d) 10 DCCUP~ 'l'lfr Jo'rof,lArly In t\lapl':l PIlm3/y .... ,,~.
t»
II. ~n~·O\,(,Wl'*d .... vocantpt0POttY: ()e(;upancy th~lIl)O "eli_II til $War lit ~tL.- 11M 0 PM. 0 on 11IC'I1I~ of Clo'$t' 0' C,crew;
LIon : 0'0 110 tater lIIlIn _ D8't$ MM C1~ Ot aer-. (CAR. Form PM. pa h~) II b1I1t$fo.oftll/Jo and
O1:WP:I"c:)' <10 not QCCo>r \1l1hO ll2IIM lima. ~t and ""ellat ate ~d~d to: (I) efllG' lnlo III11ri1ten _PAne, n . 1_
,~-~3f.~~=~'m~~Q~W
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PA-CA RSVlSt:D 1lt10z (PACZ 1 01' a. ~I JPORNIA Bl":mn m1lAt.J:.U.IWHM£ AMI".I:IllI5W lo'
AllCtll: N ....OO 8_~n • " ' - : (310)4'r.o1llSi "ax: (310) p~:)~ "-ll 'MNI'OMIlI5 ~nt
6,0IC0t: Glm!13II & CrJtlin R<\lIlt1)r$ 1333 W~~two~d 8111d. lAG A 016:1 CA lIl)a,~
Notice #3
EXhibits Volume B
B-88
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 20 of 35
Case 2:08-cv-0155l
Document 45 ,2008 Page 14 of 29
le/22/2604
v_' •• u ••
15:42 3105507531
\rV1-U"';\,,- Dfo\rfl\.t:H;
MARA ESCROW PAGE 85
310 ?71 4G34; Gcr'ZZ'04 ~:~OP~: PAGE 3
Notice #3
EXhibits Volume B
B-89
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 21 of 35
Case 2:08-cv-0155t Document 45 Filed OL, ;2008 Page 15 of 29
l~l ., lin!, OIlIClIOlture O' notOCO' ~d In 1IAil i. "r ~Ilt or _doll cfllll1lo~tJIO or 1101100 II CICIIvllroo EO l3uyer . . . ,.. onor III SlgnCCl,
fNyor :,hoJilIOVC lho ~ 19 c:ancollll~~ wlll\il\ :I D,,",NIJIf ClIlllilGl)' In pellOlI. or $ 0»1" ~ ~llVOtY bI' clllP~ n t\1a 1lIlI4. 111I
~ -IIIbl1 AOIIU Of UtlClllbrlJOl\ to &.IJef 01 setrer.lI9o:JU. (Lall\l DI$lllQOIII'8S 118m by mall muS1'" ."", GGrtlfIed IlIsI or lletM,.~
(o.l " . ~ 8vyttr anll 3011"" Waive, 0' :liV\Vtol)" .onlll.eaG OlscloG\lm is probibltllll bY laW.
e. NATURAL AND eNVIRONllIIl!NTAL HA7..AROSt \IIIlltlin th6 _ cPKIII"" In ""GIll"''''' ' ... $Htt, $MI. It 'CQIIItl>II by UlYI; fl) _ 1 0 ()~,.,..
""'tl/1qu.>kfJ auod... land qlltnCtonn;auc) .. lid -vnWoonmCJm;d /IDa"" lIOOllICI: (II) ~~ '~0WI1lt 1I"QlI1 thO o~t:on to P<VY/lIO" JlHQ. ~"It Ihtl
Propwly is 1OClIlD~ ... II GpeClIIll'1oDll HII%lWlf Ants: Polefllllli FIOOISlng (/11l1l1da11onl Area: VAry ffiJlll F!I'lI Hazatel Zone: Silttll Rro I'lollpllOl!:lbllity
Nitti: F.arthoU3ka l'''Utt %o~o: $eIllIl\ic HO%'", ZOIle: eJ\o' (iii) lIiltGIoca IIny other:tone ... ~ull8d by LaN Olftd p~~ lillY lllher iIlformllUon
,,"lJlrell fo'~_
C. DATA DASt: DISCLOSUR[.; NOnel:: TM ClIbftl/lllll oe~ ot ~IiQO, IoflO..:tr. ctDjl~-' pellcooo ~ S6IW19 JunsdlCbOn. or
2!JO.ooo or more ana mati)' 0Vler IOc:aIIlIW en~ertlItnl .CllhD~ 1tVIf1llDlf\ for pubDc l l _ II dDbI baM or lhD Il:1cooIlont or ~tllOlIS reqlllfeO to
1fl9l!;ler Jl\/l5UlIfII lEI 1'818l1raplt 11' of 8WdlYiston (~) of section 2!lDA aI dIG I1N1aI Codlt. '!'he allw !mot 15 upcIldCd on a qll8l1i!fly baf18 IIIId a
(j'
,ource 01 ~bOl1 1Il)6u! the pr..",'lC:H \JleM lnclivIcllnl, In lillY llGlIilhllOlllaod. Thco Do~1ll Of JU!lllc. Dleo ~\illrA1Iv,I ~ ~oAIl OJro:nW
raCftllf t;IllOn lJIV:I ""OUll!' wltlCh Iltqw...~ Ilbout ,nll,YlcktMoo MIll}' Da 1lIACfO. Thl& .. II "IllIO' t&lef>bOl'lO $/INlOt. call81\\ rnu'lt ~ GClfCll'IO IIIfolJrlOWn
!llIout Ind"lklual21hO)/ II'" c:I1ol:lang. hl'"MItIbon fIl9lonllnll flDII)IIIIOI11OOdS" 1101 avlJlabIe I/lt'OIIgh 111,,"900" hlIllJlnotie $8rvlc:1t.
8. CONDOMINIUQlPlAkNSt) \lNIT DJiVEL.OPMI:NT DlSCLOSURe5:
A. Set.U!ft "AS: 7 fQf' U ) DJora Mot }oCOopr.,nce 10 dIXl~ 10 ~tI)Illl' wnOlllef lI1e ProJlllfb' IG a e6ndcmrnllllll. or b IoC1ItfId h a
pt""'led u'li; dcYGlOpIYlOtII 0' Olhlll COl'nlllon IIIrtWGt WOClN"lOIt (CAIt. l"_ SUD).
a. u II\C PrOpe/IY" a COtldlllnlnftlm Of lslOG8l..a in" p/,fnned 'JnIJ lIo""",pmont or 011>0, _ D.. lntot-t :l~n. ::C11cr liN 3 (0' 0 _ J
Day. Nllt. AccelllfllCelO IQq"est from lb. HC:lA (CAR. FOM\ HOM: (I) Cop~ of:on" dooumenls ""llllnld by L....., til) <l1ccI-.1'O OT MY p.IIlCntlQ
M ;lIl'lClp;t1Qc1 QUlM 01 '\'lJ"1"'"
bY Of llgaln$t \tI~ HQA; (Ill) II ~nl c;onlllJ..btQ Ibn locMlon IUIO IIIIInber Of ~\Q11IltaCl pallllllD ..11II "'IOf'~"
lIJ101l:11'l: 11v) CoPII:~ of rm. mo,' ~g:nt 12 /ttOI'llhr.4f HOA /lll1lUfl::l1tlf ~.t tlltlf ~ meell/'ifIs: 11M (If) m. tIlIl1WII\ ~CS CO/IIlIU dIlnNtlQlt of
"'I HOA:r 9""......."9 11\" Ptoperty 1e6l1edNely. "CI OlaCIOlhues'). SallJraltalllllmh:o-llIICl c1eliwr to B!I)'DI" ,II Cl DlS(lOlItl18. received frQm (M H~
lUIlIlIII)' CI Drtd0Sut85 ,1l3ellet'.. p_Dlon. Buycr'S~IlPIVV8Iote. DbdosutllO it. a ~ qll/!ls Aoreementa"- ~dtU>d 1/1 potII.,...,.h 14.
7. CONDI'J'IONS AFI'C<:TllIC PRQPI:rtT'Y:
A. UIII_ OIJ\t>IWI:lO 4j)rc1cld; III rna "Pt"OpNty ... _eI (II) .n I~ PAASf".)rT J>ItlII.IO'oI .,,,,,,dltlon .... or tIIo _ of A~"" <iW\Cf tbl 1lIwbJOQI It>
811'/III"6 .n-.tgatlon r1911W: (II) &hI" p~. In(k.JlIlIIg poo~ ,pIt. "'~PInlJ ;mil pt0un4a. IS I/) boo ~m:rlelf III $Ilb$lOnllSlI1 me ~
conclobOn as 01' the <Illlll of Acc:epliJnce: JI""
(Iii) 811 lI,btlso ,,,.,, pOl1l_f ptQllOJty noIlnc:1Udaa jj, tIl~ 5Ilta .. tllill bll rel\'lOYCd l)y ClOM Of &;screw.
e. SaLt::~ SHALL. .,,!Utln 1'1. UmQ 6IJ)P.Olfi,od I" f'8"Illnlph 144, DJlilCl.O$G KIfQWN MAl1iIW\1. FAO'TS ANO DereeY~ .rt'OCIlftll tM
P601Jl'~. ,noJudlng kno..- lMOu...." 4:'.;"'"
wIUl... ther ~l IIvw '"~ ANO MAKl! OTHl!R DUieLQ$URU RCQUIRm ft'( lAW lCA-ll
'-_05D).
•• N01& TO 9UVGR: VOtl P'" sltongly oItdm", W 4CW\CUCt 1l'WW""8'\tlomo of lJie entitt PlOpofty III Ofdet to 4tmJ.m1nt1 lt$ preMtlt oonditkln
$tnofl $$Iler mllY not J:ljt _ . . or.,l' 4~ 'Iff~ 1tI. p~ orotlttr.~thlOt you alftllld.... rlVlpolbtnt. ~ ImQlOIIMIOlt1'S
nl.y not be bUIIl.::lUArd..." tv coda. In e<>mpl.." .... wlUl counonr Law. Of ~ ItttcI
D. "On. TO SCL.1.t:M: liuycf luis th6 ng", UtHt. peMI_,....
10 'nlJPKll\'le I'ftlPW1lI al\d, as speculea In """'0'I1lb 1"9" llRfd Upon InftIrJtAtlon dlllOClYeJ'fd In
.r._lll.~t ftl-COI tI1"~Agl4Jament:01'(1) nlQtHl'I~)'OIIn111k»RttPaI"'C1rtalle othet4ll1tfon.
II. !TCM$!HC1.UPCO ANO E!XI;l.UOED:
IA. Note TO flUVI!'~ ll,Nt) !1"I."~ llDm", Ildotd U "'CIloldc:d or tllfCluucd III tloa MLS.1lyen t>J ~.., ~~ ..... 1t>Ql: I~ ill tilt:' putlih_
_ Qr OllCltlOed "","Iho ""0'"
lJl1li:u 5P"c1AiI'd ,n ~11 ~, C.
9. rrEMS INCLUDIiD PI AAU':
(1' All CUSTINO flxW..... af1d IlIIIngo th:>t"'" llIIDGIled to Ibo f'/opMy;
1~ 1::".....1\1} II/Ooc1nc1lL n1~rl\""I~I. 'lOhMD. lI/II1IlllJJlO ono IIUll1lJlO fbauretl. COlhll5l f.11G. f1/11p1~010 10lC4/b, OISCI IaV'" _ e-. ado. ~r..tcma.
buMn 8pplra~es. WIndOW Illd ClOOr $Qltltlns. aworlnos. $Ilvlle~. 11I"...60\11 C1NQl'IllgD. l1II.teh1ld Iloor coverings. &llevlslon ...,.~nnell. 6IIIZIIIto
cl/Shtlll. private IIlI6{IJI\IId ""~ 1l)'$ltl1Jl$...t, COOIerW"""dIll_rs. pooVcpm C1qu;pmlNIt. $ 1 _ door o.... -m..._ .. contn>b. mailboX.
I11-9I'OUIl(l IIM.r:aol~Q. tr"ell1~hrul>3. _ ..... 001\_. WIll", Pl/tllia.... lIO;uri!y sY""'n\SIlIl/W'tI'tt: Dnd
(31 fhto ~lInwlr1lJ 1lO,"~' . ~ _
(4) s;.; rop.o.onl~t~ "'. kell1ll1lldlldt!d In lI'Iv purdt~ pnce, IlItIeStl OUl_iH $peClf~ 1\10 owned by Seller.
<:. (0)
ITIii~Mt«:LlIDID
,1m.
AllII'/lIIIlnctudfodI-ltOMSALe:
Il9 UIln::lwrMd ",.,. of .rIt\~ 811(f WIIIIOUI :'l1ll1lJ1 WlItr.nlY.
• ~~_
RII~,~lmlrllllJ(~~.
Cl)l1yngllll~1981.200:1 c:AUl'Ol\NIA ASSOC'':'1ION 0- llr.AlTORIiIJI.INC. S"lIOI"o Im\lal••( )(
""A·C" AlMSEQ ~0I02 (~AGE 3 01' &) Iw 0"'. Il............,
CAt,IFORNIA RF.morNflAl. PUIlCHA.CfP AaRp.FMFNT (RPAoCA "AGe:s or D)
Notice #3
Exhibits Volume B
B-90
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 22 of 35
Case 2:08-cv-0155( ,P,-cw Document 45 Filed 04
-- 2008 Page 16 of 29
p.?
A, SI.LU.R HAS: 7 {or (J _ _ ) Da)'s A!tM J'\I:CfllIranu to clellVer 10 I)uyOI all RlPCf'$. <l1.llClO:Jutw lin.:! ./llOrtI'IrnJon lor Whldl Seller 10
,.lIpo1l'lblll ,,1I(1e, paragraplls .... 6A and B. tv.. 7lJ ana l:.e,
u. (11 !JIJ'fL'K HAS: 11\U ~ __ ) t:lIJylI A1IOr ~lDllgo. lnIlO'S 01IICIWlS0 'greco III WtIlII1ll. to;
II) wrllPlltt. "'~ lS"l'OI ltI~lIIllI-"; 1I1?Ol\lYll ~I GJDdawlos. IOJIOI1ll AI'(I OtMt fIOPI\I:4IIlIO ,lIfO/m-.,IiOn. ovt"lCI\ '~' rcoo~ rtall\ ~ (\1\(1
1J1I1l/OIIIl :Ill mttttll/llo 1I"~ mo P,aQfIlY CrtlC:llJOtllllI0ad-~ClOIiOinl .. ne' '9~d p,;1>\ "Nar6, ;Ill< "",I, 81; 01llN illfomY~1loII~l:iIleO 1ft
par'9tl1D" !I ,nd msurablllly 0' BuyenIBd tI1e Proparty): and
{III ratutn 10 Sallo" SIgned Cool... of Slalutory end l.eed Olclcfo,_ ~!lltellldbY SeIter In ac:eoo'dto'lCII wi'" P ~ eA.
t;!l WIlli'" 1II1t ttmO Po/:lhCItliOO In '40(11. e.tyftr m:lY IOQV~1".1 SOU., tI1.1r4 fOP"'" t>t' f~1w RIlY alMr .dIan 1Il!l1lrdllllllAA ,:lropnl!.V (eft.1t Form
nRI, &1101 II." nO ~1ig.lIon to 119'OD 10 or ,qp...d "" 011,........qu.>.b.
(3) ff)' !ho ltn" Dr tn.t 1_ $ptIeat;.. ~ In '48(1) (Of 21 fOr IOaIl contmgOlltY Of ~01 r« IIllJlfSIDlI/ l:Oftlillgllnt)'). Buyer !IlQ1l'. ll\ \Vdling. r~we Ih8
~PPliealllOeO"lb~IlCY,CA.R. form Cffl or etInCOllhb Aa'~ t1'owever. if \he r011OW1l19 BllSP8C1tOrla. Il5POrt5 01 dllICklSUl'eS Dr., nal maoe
",~nln "'.. "'"" ~<;Ilw." on ,~. I".... 8~ 11M S {or 0 ) IJ:¥'> ~ .., MCI'IIpt of IfI\Y ovd\ ~ 0' t1lC'1JnlC!o ffj)<tcllbtl "'
u...
'''°1';. ""'...JocIvclr .': Is...... 10/.lI1OVO :>pphc:tblo QOntlnglltlCY or ~IIC/ll th~ JIflrir_1ll11' wntma: (It goVl:mll'o\l.....""""'lIllld IMpCCllonS or
_"* ..,qultod oa 0 COndlllon of dlr.lillQ: (1('(11) Comn'lQft l-."g D1sdosu~PUlwanll"p.u~aphBB.
C. CONTINUATION OF CONTINGF.NCV OR CONYRAcrUJ\L.OBUGh-notll ~ ~ AtQliT1'O CANCEL:
(1) S<tll.,. "lIM I" CallCo..I; DUYIf' Contlngonde..; ~Ivr, liner rtlllt " ....,no Auyr.r Iltlotico to l'\IIyor 10 f'(lrfann (O:lo ,pedflcd bck:lw).1l'lJIY Cl)m;oI
tru.. AQI~ama~t III willing lind ••tI\tlrI:l:o r_rn 019.'" ,,*pOOrl! iI. bf tIW lI'I1CIlfllCeIHld 1ft tI\11I "",.ment. DuyQt do811 not lel'NJ\lo .. wrIIIng
1116 app5.::abI.. CQllfIlIsenc:y or CilI\\le1 ltd. IIgreemenL On~ all conllAgenDeli navo Otl1:lIlI8\'llOVed, f8'0Jure Or 1I111lSr Uuyer or $elkH'1I) ClOSe
OtiC/OW on liMa tn:ty be Of ble:scll 01 this AgI'CO~nL
(2't (:ol\1JnUl'liDn of COnUl1$Ot'Ioy: I:vOII ..Il~' ""' OlJIp".tiOlI 01_ l>/lW ':II)<IG'fIOO III 111O{'). OlIvo' 1l('llI.~ tl'ct /'00111 to 1I\lIl\e ~"llII ttl 3lI1lc:t•
...nl1lllC on wl1tll\Q \NO "'l'p1~blo C<JRhIOgGlle\, .... 0AnC<f11ml. ~!3""'''''If't1m'" !to..., C1l1C/lr. J)lllOU'Int to , 4C(1). 0.- f.lol1Cl' '''''''vO& Auvllr'r.
.vrJlljlln rDmQvoI 01 ,,11 ~nlJngfllcJu. $01101 ttr011H)1 cilleel 1II,. A!JteamentpU_nt to 14C(1}.
(31 !:<olI..- rrOJht to C:;onc"" Q~. <:oontract O""llGtlo"", $ ..,........ rwr f1r&t glvlns 0U)'0r II Nolloe> '" 8u)ItIr 10 Podonn C- "poo:llied ~>. may
CMr:ellfll.~ ~,_~ 111 wnUOIO lInO IIUlhMlAt fCll\Ol'n or Uu,ol':l ftllO'll foI an1 or lhc folloWl\'lo I~: til If DUYC' flol!'t 10 lI~it fUlld' C!)
l'lOQUIlI'lO I)y 71'0 Q' ZOo (II) " ",a ""'~ <!YPOlIilOd Plfl'd.llbnt to 2A ... 20 aIO II<Il OOOf wfKon ~Oll~; (111) II AuyIlt t~l~ W prOVlQ'1I a IQUtlr llII
a,
requlr8d tty 2G; 1M If el/JlGr~1I11O Dtovlckr __lfi~ "vulnad bY2I-l or 2t.: Iv) lf$Ouer ",~,wbly ~pproves 01 the vGrillc8llon /lltlvideO
by 21-4 Ill' 2~ (vi) IIBU)'IJ' f.,lIs to Jelll"l SbluIOry .ltd I.elld ClkI_.. 110 ...qu)nod bY lW"Or:allh 6Al2l: ., (viI) If Buyllf fa"" 10 5ItII'I or lnllll/l a
:.cPl'~ 11Qllldalotl d-Of form fbl ::II> IncrellCad c1R1H!••~ roqulMtI bJ pal:tj)ntph 16. ~,,''''r IlJI <lOt NfJuiR!d ... !Jive DvyCll' II Notlc~ 10
.....""',,, rogardonq Close 01 Cl:t_.
I"} No'IiOIJ"" ~\l)/e,To ~tfOM\: The " ' _ I l l ".,yer II) YMOtm IO.AJt form N~ WII: (I) be .nw/llong; I") DO 0I~1l(1 ~ ~.ot; """ 11Il)i/lv<I
911)'er lit 1ea~124 (Ot U _ ) houra (or \IIltII tno UIl10 opeclJalJ in t1111 Bpl)IiCIIDIIr PillllgtDPh. w~.
'- rs IllS\) 10 lll~ II1e applicable'
QCIlD<> A NOt...... '" l:luyC' .0 Votform lll11lll\ot lie given l1li)' Il~rl/ar Ilion 2 Dayo Prior to tno cxpltPtlOft • 1lCab"'~WO
~ COAtIROlll\llV Dll'llneol \11/11 AQlaOmont 01 me'llt A '''IC(:1l OII"tJ1o l""
t ""'IDle. (
!I11)'C1'" )( . ~
Notice #3
EXhibits Volume B
B-91
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 23 of 35
Case 2:08-cv-01551 ~P-CW Document 45 Filed 0'-. .2008 Page 17 of 29
p.t!
Notice #3
EXhibits Volume B
B-92
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 24 of 35
Case 2:08-cv-0155l ,p-cw Document 45 Filed 04 2008 Page 18 of 29
a.
receI\IfId bY \'he ()fher partY or tt19t PDI'1Y'. aulhotiz:ed "sonlln accorlallCb wah the tal'tTlS of IhIs oftet or 3
-Agr¥qMont" I'I"'~~ 11\. terms ,.nd COIl<lIl'(lns or
'nat
eoul'ltet offer.
IhIs accepted QQIlfomlli Res\dentL:al p~ AgroOnlO1'lt end erry ~op\ed
COImll/f of!ottl 0110 ;'dd~ndil.
C. "C.A.R. Form" mf:l5f1S tM ,pac;lllo foM'l t.re'Dnc"d or ellQlJlcr comparable fDrm u~8(I to t1f the parties.
O. ·C\~o or Ewerow"' neaMI 1h. date 1I'\e,snam fk>eO. or o,"lIr evida1lCll at tT~fQ' of title. II' .e<;o~O. If \1\& r.eheduled dose at
escrow flJlI, on 8 SallJl'doy. Sunaay or lQg:II tItlJIdal'. thsn do:Jo of ,utrOW ;~I bEl thft MXt bUlIIness d~'f arlQ'tI'llI ,(:IJecIl.I'e(I
CIOM of CKtow <lAle.
&;. -CDtlY· means copy by ;lnv meal1~ locludinll DhctOCOPJ, NCR. f1jll:!limlle and ~IeClrOrue-
F. "D:Iy:ll ~ means ClIIMldQr days. I,/rllOU Otn_lse fequrrlld by lew.
G. "Day.> Mer" lIItl'ans Ibo $J)l!¢lfl." numblll' 0' c:<JleflOat dllY!' 8!t@r (l\e OCCUl'\'P,nce of lha event speolfllld, not coun~lJ 1/19 calollllBr
CIale un wn.et'I tho SClrert'lPCl own. occurll. .QM nndlno ~ 1 t:lll)PM ~"tho filial ~)'.
H. -Dlly& Prior" mellM \h~ "poc:illed numbt:r of ClIIOnll8r da~ be(OJIt lne ~ne& of 111<* "vent .podfiod, nal -tlnO I~
Qlllndar dlJtCt on WI1Ic:h mit ~pccllIed eVltnt III :scheduled to oOCJt.
J. "ElOct1'onlc: CoPYM or "e1ectronlo ~lgn..lIr'4" means. N OIppllGlJble. en -el~ll'C1t'1lt; copy at $/gnoture- complyin9 wi\Il California
Uow. ~UY('r and :JotI1ol' 1I0r.... Itllll C1nclronlC MQI)f'1 WIll <lot t>o ulIOd by ~rthcr J)of\y 10 medlly or "lw !ho contOtlt or in\IIlllltV of I'lill
~~men: W1tnoul the IttIDWlftdot lind COI'l$..nt of the ethor
.I. "L."lW" means I'lIIY 1;>111, COde. 'It\Mo. osdlnance. ""9II1atIon.l'UIe or Ol'dar. which 10 edOJ)te(I by a controlling dty. courtty. state ot
fed'lll'~ le~s1~lIl1e. judlCl.ll1 or \}X4!llll.Jwe body or llIgeney.
t<. "!,,~\oo \9 RuytllV tD PQtfOJm" mo:)~ I) doCUmt.:tll. (CAR rotm \liSP), whldl ~1I be In writing Qnd Signed bY ~~ and li:\'l.)I\
(live 611yOf al '~ast 24 hou'!> lor ~ otflarwb& "POC1fl1ld In parll9r:tph 1~14)) to remove :a c:ontlAgellCY Clt' potlol'lfl as
appllCabl", . .
L. "Reqalrf;M mellI'S sny RlpDrlllo (1(l(:!lIdl~ pest control). lIllcralll)flll. rl!Placsmems. modlflt;a1ions of tlQtrofjU/tlg uf ~ property
plOVi&"d fQl' \lnd(lr Ihr.\ ~rel1rMnt.
M. "~lgnud" mOll;ns elltll:r ill't."ln<lWrltlllfl or 9l"c:fI'oniO ~Ignatulo on itll originol dCleutl\et1t. Copy or My oount~rp:ut
.... SinevlrJl' Qnd PI",..., l,..ttml "~ InClude IN: olhor, whetI DP9fOPriate..
Notice #3
Exhibits Volume 8
8-93
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 25 of 35
Case 2:08-cv-0155\ \p-cw Document 45 Filed 04 2008 Page 19 of 29
Notice #3
Exhibils Volume B
B-94
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 26 of 35
Case 2:08-cv-0155\ ,p-cw Document 45 Filed 0'-, ,'2008 Page 20 of 29
p.11
~E~ PAOe: 11
16/22/2e64 15:42 31~~~B7531
....... 0 I. "UI.Ut1C~~ ~A"lI.l:H; ~lO 271 4a34j SfP.2~·04 3:56PM; PAGE 9/15
IAddress) • """-"=-~--
3%. M.0KJ'iR COMPeNSATION r:ROflt .nn.WA:
A. \lpon CIao" 01 E.UClW. $6IUJr ~~~ to (>/''1 IlOmpo1l~on to Prc>~t .... ~cllt\ a ~ar_wllllM a\lfHtllOllt~~1'\ ~I", »fIQ On>lcct.
O. I' etiCtOW lJOCS l'lot dose. t:ompeMMOn 11I1NIYl'bIo.u ~ III UIJt ~ wl\ll<lR IQleElll'Ilflt.
:S=. .ACCEPTA~ OF Ofo"ERl Rollor wlIf,allts l/Jot s.u.r Is lh& _If ot illS PlWel\)/. or Il;tll \lie sutbo~ lillllll"Ule ibID AIJ-- seDer DCC:CPlSlIll!'
.:loovt ~• •_ 10 ~.II ~h. Pt.pM)' Ct\ tlJco _ '-mill Ifll4 OI)AlIlIIo/Ill, Il1lfI ..~ CO tl10 ll~ eoMltptlrtlott of -OCPlfoy ~U~'IoIlllb"'" s.\lliIf hO.$
tw"1I lind 36Jlo\o1ltlOoeo A>tcl91 or.. CODY or _I\gNleMnnl. 4r1d BIIlllot'izA $tGI<or to dawor , Signed COW to Ou)'lH',
o (lfd'lCd<4d) SUBJECl''rOATTACH£OCOUHTeRQFFet,DATED - ~_
tf1W~. :::lP""rj"'Ilt~Qel==----------·--------
(<(del.....) -----
I. _ •......-r=:! _ _ ) CONrlJlM4nDro/ OF ,t.CCeP1ANCC; A COD' of ~ ACclopI.tlltle \f#G _tudl)" ICCltlWd tl~ lStJ~ or Owcr'lf oldllOl1lcCO
vnCblC) - Il()elll Oft (l:Jttil) l.lt _ 0 AM 0 I'M. A llkM!lftg Agreempnt,1e enMItd Wfl(IfI
~ copy of $og....d A~tlmlt 1111!X'''''''''''1)/ rec:olved by O..,.or crllvylll"a ....tlootlzed Cll5l"nt WhDtIl6r ~ not "ftfl/IIICd 11\
1tI1., ~m0>'4. Complollon at \lib lOonllmolloUon "' l\Oll0p'ty ~tK In OI"OOt '0 Cft'll\lo aillnoi".ll ~ It... "0I1!1y
Intel\(f.CI to oVldetli:e '(/'fit dato thAt Col'll'ltm!l~9f ACCOIltVIICIt " .... "OU~II.
ReAl., e5TA1'Ei Dl'ItOKERS:
A. ~ e-.. l;lrokora ~rQo
0. I\fMIll:)I"O~Mhlp,~ C»ftfltnI<'d _
rt'" vartlolll to tilt' Ao~bor- ... ~r lIM ~'or,
Pll,.gtaph '21.
::IfAt.off .11
C. II ~Ielf in ~f"ph 2A. AgCII1 vlhUubn\JIIGd.,... 0/1'0( foftlu)'lt' """"'lIW~ rellll~ of Clf>lICISIL
D. CO~1INo IlROla!A COMP6N5I\TtONI llf\bl9 iroker "919" to Pll' C~R01lI "'-r (Seiling Firm) 1IA4 ~"9 1l1'OlUl' \0 1'9"'"
1lO':llIOt. 0lJt of lJontna fIfoIWr'S llroCDllOs 11\ c.erow: (I~ InC 1all'lll~l\t ~~ ttl \l\lt UL!I. 1I"'v1sIelj CwPetll\lllSl n...,..,.., ." a ....Jt(alpri of 1M MLS 1ft
whrli\ 1IlG PtOjlClly IGo Off4~ tor ~Io or .. tOCll>r~I"'Lf»; or ('II C' til -eJ<l)(I) 1110 OIl1lOunI ~" In Q /lAPOt'lllo wtl\tltllll!VNmunllCAR. POI'M
Cl\C1 ""tween lItbng orOlcct ."" c:ooperallJlg OIO~<If.
Raid ElIIJl19 8roIter (SeJ\ing flnn) t:;tY.~lI;;lQ;11;!i:n.~...IGIlt;"'IW1#Lfij ..I.IJ:.z;trz~~r:a:4
..::tns..JReSf:li - _ __._...,...---_=~...,.-----_:~-:- _
8y r" ~ __ .. • ~.A.~D*M ~r 0 t.aa4
M1$rt!S. ~.VPJ..~.Mt'.MIl-" CIt)I 11,11, ..l1rtcllor).t:Jl _ $lole Q\ 7,'P .f}J}.Q2..4...... ./
TolllPh_ t3ZD11Z8-:1,fJ1.6.-.. _ I'Iol( £J?"1/!4 '1-9:JZ8 UlP
l!-ma11.. ..I.ll:t.~'_...,,;AARrU'll:~
.!I!l!.w~"'eo:A
.. .... ---J
Rllal Esluu: 1JIo1V,.I' (~\III!I F~m) ~~~~ - -=-:-- - I
DlI DlIl" ""- - --/
lid_a -_ _ .....",......_ .. ~ C.'Y _ _ -:::=~ f3lIItt _ _ ~_2lp /
T..klpb~ _ FlilC ErlNd
1'~0'/lItfOLoen "'CI(HOWL8>~T.
~ HoldCll' aekllowlc~H f~1)101 OrO copy oflhlO AllmelnoM, (It Cll.clfod,O D ~,tllllNl umfWnl 015 ),
'ou,,~ atl'et fII.'lTlbenl> IIncl _ _..,.....,.-_....,.. .,..--.--:--:--:-_-:-_1
_~-.,....,.-_ _---~ • and l>fI~ 10 IIt\ as e-cm l'Io14er II\1bJeOUO PlII1l1ltlJl)h :lIS 9f1fl1~ J\grttlMnt. 'aD't
.. ~~~l ."C1UW 11l:;t,udI<J"r. r?fId th.. I,.,.",.. .., p~ tto"cfll QOlI91.:11 playl:uan",
~"!;tOW HoIO.., ~ Dd"",clf 1l\61lrtO ""to <If Conhmlr1lon 0' A""""lIInClll 01"'" ....9'""'.'" Il"l>fo_n ew.... ~nd Soli"" ill _. ---1
EscrowHolcllOt •. ._ _ Er.~« _
ay _ ..••. • Dale ------
ll,</dIvIl. _~'----------~ _ _, , _ - _ - _ - ' - 1
"hOn.lr-oxlE.......' _ ~.:::7===,...~~~~=_=_--::~~~_:_-__:::::_:~~-:-:-":":":_:c::_:_:~-----------1
~lYvlI tlvklor ~ IamellDy U\do e~lifomla Oeolilill'Jl>tl\ 01 CJ COrpol8liona,C) '~al'\:8.0 RelIIl Eslil1lrr lJcollS&#
'_ _ t _ .) Rr.!l';Cnoll 01'" o;FrR: 1110 ~unf.,r oIOt _ ~OUlIJ tn:Ido. TIli4 o~ _s ,-"",WOd und ~CJ<lClIId bY ~ 011.
:Stll"'sllllllDls) _ (Oarl!l1
Notice #3
Exhibits Volume B
B-95
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 27 of 35
Case 2:08-cv-0155l \p-cw Document 45 Filed OL. 2008 Page 21 of 29
A. IMPORTANce OF PROPERTY ~ATlON: Th. J)/l}'$1CIJ1 c.ondltion of lfJo IQn(I onlt ilTlJ)n1l/JltmG1lt1l beinG pu~ III flOl
gu;tratMeed by C!l\h<lt Sd!let" or BrDker". ~or this ~l:On, you snould llOI1dW:1lhonJUEJIl j~galion .. of filII PropertY pt)I'ISCIIU)lly and wl~
Ptote~IS whO /lhO\Jld provltle written ~pol1S of l1'Ietr InvestliJallOl"ls. A veneral physk031 inllPeGf!Ol\ typlcatly doeu n~ ClNet.1I IBpeCb
of the Prop~r1y nor items a1t('ttlt'l(l tI\a proPerty ltIat ..ro not phy9leatlrlOC8ted grI the PtoI)$C\y. If tho l)l'Ofosslone!s ,..,;Ql't'Jfl'ltlJ1d fusttlrr
4nvI!U'g:.\Ion~. ineJ"tIi~l) II rettlt'ltrMnCf'\11OJ\ l)y 02 C1l'l:\T wnltol QPI".rn!or to I"..pe~ illQCoCaAclbt.. .;voilA or lha Property. yOU ohOUld QOntQct
Ql,o;IwrJOd OlIpctltlll/) eondUet SUCl'll1l1dl"OI\~I-nvelltf9lrllo"'$.
0. sUYeR RIGHts ~I) DVnIiS; You havu an :l1Ii(tmrttv. duty I\) DlI.'dse I&MOMbll:c (:8flI to prull'ld YOIJI'selr. IntJudlngi dl)COvory or
1110 h:gIlI. plliCtlCOl Clod t<tdtnIcnl ImplieatJon~ of disclOSed fnc;t:!. IIna 1M InvGGt/glllion etld vanllotdlon of II\formllllon and 'Il~ tIM yov
lQ\Ow or that Dre wkhin your dlll9'*" attention :and OtlseNatlon. Th. purC!1&• •9r~'8lv."you the ~ht eo tnve~ge.to thIl Pro~rW. It
you exerolee t"ls right. Md you 6hD\,IltI. you must do IilO i/lI'lCOOlVlftlCG with ibn tflmIS or tlVt agrP.Al'nent. Tnb; Is elm Ileat way for you t!)
:)I'OtllCt ygurwlr. It " -extr""",... 'y IInpQl1lml fOt' you to rrod .111 W!illen repo~ providlcl by ~..IJloneI, 'lid to dIl:CUM Ihl) rMulh or
nLtpoc:tioll$ wl\ll Iho pr',)le~1 WhO eon<llletUd tilt: lncpoGllOn. You h _ t~ tight \0 MqU<>$1 that sorar rn81L1t rttp;olr:a" cerruclKmu or
:altlt other ~ron boUcd IJpOrt jl~ di6covervd 10 your lr"'.$ll9~loo.or dltelosed bY Seller. It Seller 1$ unWIlling (lI' W1;!lble fa sallsfy your
·oQU...:.lS.. or ~u do nol want to putd12~ the Property in lIS ~1iod -lind dl&CCWOred condition. you havs the tight to ouncel the
,pmnllletll If you 'let Wlthlr, ~Clflc t1md ~l'Ifioll" If yO\> <10 not 4:411(:'" \till agrl!'el'Rcmt In 8 timely .;and proper Mannff. yOIl mtI.'f bo in
~n:1ICl\ or ~1>nV.et
::. SELLER RIGHTS AND DUTIES; SOIIDr b re<l\,llte<l 10 dbef086 to you M4lteJisI filCt$ lI110wn to t-tmlm:r th.:at ~ tIIo vtlluc or
to;l/~b111W Of tM Prop..l'IV. HOWir,,~r. s¢uor mlly not bOjlllW;l/~ or \)OMft ProPt:ll'ty 4Ofed:l Dfi:OnCl~1I. ~r OOl!'S> not 11&,", All ~Jtgallon
'0 inlIp~ lhe Property for your oooctit nQl' IS SOller ob~gat"d loropa.r. COtreCl ot Otl\elWl:se cure knOWn dtlfc:etO that OJ'O discfllBed 10 you
)f Pf&"'OUl'1y unkftOll/O de1~ Iha\ are cllsa>wnld by you Or your l/'lupeClCfS dul'/llg """OW. The llurehaE.c egreement obllg.;rleS seller to
'I'lake til.. ~ropl:rry avatk'ble to yeLl for ,(\I1e$ligolJons.
), BROKeR OPUGATIOHS; Brokers l;lO not NVO axpertiue In all DreM ana 1he~cml' etmnol ~(M."fI ~ou on m:an1ltflll'lS. lIudl "'iii 1I0il
It:lbtllt)'. gel1JogI~ or onvif'ollmetlt:1l conditiol\S, tI~Outl or llleglll ~ll.ld Il@r,ancgs, $Il'Udural ~OIlS or lila foUl'ld3t1on Of' othet
mprovementll. Clr the GOnditicn of ill. 'oof. PlumbIng, h"eung, au: ~\kll1If19. etectrlcal. MtNCt. ~ Y/allkl ~. or QUlClt Q/GtQm.
rhn onlY W!14'i '<) xcuralolv dq\ltrlllll'lo tilt eon~ orlb. PrOP'!I1)' IS IblOIJOh M Impcdlon by nn C1Ppropnlllu J1~1 ~od ~
IOU. II Prole", gl".$ yilt) t~f..rrClI41 to sum prol..u1onal$, 8rgkilt ~ not g~t" INrr pet1oimancl!l. You row lJIJIcOt BIIY prolO5$lOMl
>t your choosing. In SaIP.'l InvoMng resldMlllll dWellings wlt'! no more than {aur unit&, Brokers hp. a dl«Y to make a di/tlent \IIstIal
nll~ a~ the l!lcce51lhla nrM$ of the Proparly ana 10 dlsCklllO me resi/IM 0' that tnspe<:tlon. H o _ . _ tlOl'tl$ proJ)Ul11 dMeets or
:4ndillOfY., I'I'I:J)I nol bl' d't;(;OlI<IQblO from .. vl~ulll irllS""otion. II ,. pocr:.iblo erolml'l' ....0 hot _ 0 Or ttl""'.
II ,~ n~.....Iorcd Into ~
\/titian agree~l Yldn Q erOllot. tIIet fipuci1ic tMl'lA of tlll/1 Sgr~fl\a"" will d$tefmlno tho naftIre atId CIIIcnt or lt1et BtOka"" IIut)l' 10 you.
tOU ARE STRONG\.Y Aov\SI:P.O lHVESn<U.nt THE eOrtan'lOt.l AND SU\1J1oalLnY OF ALL. ASPec'l'$ Of l'tl2 PROPI:A.TY.I~
(ou DO NOT 00 SO, YOU ARE ACTING AGAINST THe ADVIce OF9ROKERS.
:. you ARE .wvlSEO TO CONDUCT INVE.SiIGATIONS.ot' TtiE E,mRE: PROPERTY,INCLUOING. 80T Nor UMll'I!D TOTKli
FOLLOWING:
1. GE!NEF(Al. COIIIDITION OF THC PROpeR'rV, 1'1"$ SV8T!MS AND COMPONENTS: FoundAUOtl. roar. plumblnll. ~tino. AIr
~rlln". elearlcal. mllChDmCilI. ~rlly. poollDpll. QUI'" '~flIl' nnd non'slI\I~r91 system" :illig component'l. f,Xl\Jres.
bUIIl·in appliances. Any pt>J$Ollal p.-worty InCluded Il'I th- e:llo. and el'\819y ll'IIIC:tc~y of the PropertY. (Structurel Ctl9l1leGJ'8 _e best
slllt¢cllO date.".,in" po~le deslan or co-!!lll'Uctlon dofoct:l, lind WIletflor Improvements lire lIttIlcwl'2t/ty ~und.)
2. SQIlARE: FOOTAGE'. "ce.OOUNDARlES: Squaro '/Q()'IlI90. room dImoA~onlt.lotPZIi', one of jrJlj)rov~tsQl1c:J tlo\,lndnti~~. Any
numCll'IC/21 JUllemlln\t. rcg:.trCllllg 1h~1t 110m' areAPMOXIMAllONS ON1.Y aAd hlWO no\ blJO\1 vcm1aCld by Sdler tsnl111DIVIO\ bo
".flflGd by Brok"". Fen~. hedge•• walls, retalnlnQ wak and other natlltlll or liOrtStrUctcd Mrrlers or mol!cetl; do not /ICOlIlt~t;.1'
lde"tll'y lru. Property llclII'1!lBlles. (Pror"lloI0naIS l,WCh as 1IJlPICllser;, archllllC:lS, F>UlW)'QIll ,,"el
OvcI en9lr1eP:l'~ are be6t !lUlled 10
detonnlnll !:QUlIU'Il foolllgl', dlmerlll/OM Ollnd ~\IIlCll'lrll'," of'ltI., Propql1y.)
a. WOOO OI!STP.OYlNG PF,5TS: PtclIoneo of. Ot et>l'lOtdona ~Iy to lOl'd 10 "'tl
pt$8UnOe or
WOOd dUBlfOying j)~t$ Mld orQllnI5lM
atrd other ~n 0' lpr.etion. In,pOctIon rcpolt$ coverl/llJ IhC$~ lterTl$ tal' be IICpafllted Into two sec:t/clnll: tloctlon 1 iaenlil'teK
c1t~$ wh9f'c /nfcaUltlon or in1'ccl/on Is evJoent 8c.IetIOn 1lde~ ...r~s Wf1er.. thClRI are conditions IlkellY to 18...110 inf6£tallon or
.rtl~ion. A 'COlSlorml ~.1ruc:wrlll pt.'ftf contrtll comPAny I!l best $uited to perform thtla6 1/l:';~O~.
hD Uf'YI'IgI1\ Ia....s DI tlla U1hea Sl:lloc CTII18 11 1,1.$. Code) tOrlllll t/ID
".\MQrqecj ~pto>o$~<If Itl~ 101"', <K oIlY pOl\1on Ul"r"Ot. "'I J)/tOlOCOIIY
",Gh_ C' !tAV 0"'''' """"..... P'lf.lvlItno fnClOlmll'l or o;ompub.rfud IOMtM~.
euy.,r'l\ lnllltl~ \
7tS-: )<
-t't ~"""
:op,nl)/If 0 lr.<11-2002. CAl.ll:'ORNIA ~-c)C\J\Tlo." 0 .. HeALTcmmo. ~~~.nllalo1:llt~)(
>Ie. ALl ~1('.J.fJli RC:SERVe;::>
IIA ~P'D 10t02(P....GC 1 Of 2)
llroII,-_ W ----=- 0810 _
Notice #3
Exhibits Volume B
B-96
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 28 of 35
Case 2:08-cv-0155~ Document 45 Filed OL, .2008 Page 22 of 29
Notice #3
Exhibits Volume B
B-97
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 29 of 35
Case 2:08-cv-0155l Document 45 Filed Ot, 2008 Page 23 of 29
"AGE: 14
1 El/22i21304 15: 42 •. ~le5507531
PAGE 121H5
D. (SOGbon 1) aeuyer Iii! Soller snail pay tor WOlk rceomrnendcd 10 CQ/l"lXlt "Scctlon 1~ condltlon$ I;IesCribea in 016
Ropol1 end the COst of intlJ'eCtJon....",tty snd closIng of those inaceessibl& ~s where ar;;tlve intestatlon or lnfoeatlon
1$ dJ3covcrnd.
($40clion 2laa Buyer 0 Sr.llc."f' 6"<>" ~ for \volk rocommended to COtrecl "Section 2" contlltlClf1$ de:seribed in tho
Rcpon; if rcquceted by Buyer.
pV sl9nlJ'l\) I)e'ow. \be- undor.'ilgned ;\cknoWleClg&> tbat ea~b hIlS teod, \,I"densPhda and has I1tQCtiVlOd a Cl)PY ot trll$
~ddendum. .
Oflte 2.fP..~~...!!J-!<~():!.!0.l!.d _
SO~ ~;.. _
Notice #3
Exhibits Volume B
B-98
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 30 of 35
Case 2:08-cv-0155l Document 45 Filed OL, 2008 Page 24 of 29
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Notice #3
Exhibits Volume B
B-99
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 31 of 35
Case 2:08-cv-0155t ,P-CW Document 45 Filed Ol, 2008 Page 25 of 29
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 EXHIBITB
28
7
Notice #3
Exhibits Volume B
B-100
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 32 of 35
-.',
bp offic:cjet d 13S
printer/f-'scannerJoopier
- .....,
fu·Histo«y lb:pon for
·Oct?3~~:~
j :ast 30 inppc;t.icms
.us :Iimc IYpc 1dcntifica w'P DmaJion .J3IcJ B&WI
Ott 19 7:17pm Fax Sent 8237218 0;29 1 OK -
Oct 19 7~2lipm hl-&nt 623121'8 ~ i {)K
Ocr 19 8 = Fax Sent IZ37218 (1;« -r or
Oct 20 1 • Fax Senl 8587842 1=30 4 OK
Oct 20 1(>:12aJn fax Sent 2784934 1:~ 4 OX
Oct 20 1():19am Fax Sent 2784934 1:22 4 OK
Oct 20 1~23arn Fax SeJJI 8S87842 1:20 4 OK
roZ1
:=
Oct 20 I 2Slnn fils Scm -8131'll'S 4 13K
Ott 20 2r
Ocl 20 1~:24pm Fax sent
OCt 20 S S
Oct 21 1
Fa Senl
Fax Sent
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mm61133
823'7218
8237218
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0:47
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-oet ZI ~i9pi'D 'fax-&at 4?8!i3'5 '6:45 t £rrorJlll1
Oct 21 Stl5pm Fax Sent 4782135 1:44 2 Enor350
0cL2l... ~39P'» ...EM $e. . - &:Um&-.- 2;54a- 'l- '*-
Oct 22 9~ Fax SeDt W72tS 0:00 0 No answer
*** Oct 22 1t:2Oam Fax Sent 19258927966 12:39 14 OK ***
Oct 22 II :S7am Fa Sent
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Oct 2S 11:43pm Pax Sent 18183411897 1:10 2 OK
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m
Oct 2S 4;l5 Fax SeM 14152590866 0:37 0 Brror 3f6
Oct2S 4 PaScal 14152S90866 0:S6 1 Error 441
*** Oct 2S 5 JNft r.a:'SeDt 1t131!f8 ~ tS 'OK ***
Oct 2S S: PaJt.SeM- ~ ~ g.. ea.:el-
Oct 2S S 4pm Fill Sent 2784934 1:05 2 OK
(kt 2S 5:jrJ2pm Fax Sent 8587842 1:00 2 OK
Oct 27 9:52am Fill Sent 8237218 1:10 2 OK
Notice #3
Exhibits Volume B
B·101
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 33 of 35
Case 2:08-cv-0155t ,P-CW Document 45 Filed OL, ,2008 Page 27 of 29
1 Joseph Zernik
In Pro Per
2 320 S. Peck Avenue
3 Beverly Hills, California 90212
Tel: (310) 435-9107
4 Fax: (801) 998-0917
PROOF OF SERVICE
5 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
6 I am employed in the Los Angeles County, State of California, I am over the age of 18
years and not a party to the action; my business address is: _
7 On November 13,2007, I served the foregoing document described as:
8 Notice olContractfor Purchase ofReal Property
This document was served on the interested party or parties in this action by placing a
9 true copy thereof in the ftrm's mail, enclosed in a sealed envelope, and addressed as noted in
10 the attached mailing list.
[x] BY MAIL: I am familiar with processing correspondence for mailing. Under that
11 practice it is deposited with the U.S. Postal Service on that same day with postage thereon
12 fully prepaid at Beverly Hills, California in the ordinary course of business. I am aware that
on motion of the party served, service is presumed invalid if the postal cancellation date or
13 postage meter date is more than one working day after the date of deposit for mailing in this
declaration.
14 FOR ATfORNEYS FOR PARTIES
15 [ ] VIA FACSIMILE: I caused all of the pages of the above entitled document to be sent to
the recipients noted above via electronic transfer (FAX) at the facsimile number as noted in
16 the attached mailing list. This document was transmitted by facsimile and transmission
17 reported complete without error.
FOR COURT FILING
18 [ ] BY PERSONAL DELIVERY: I delivered such envelope by hand to the offices of the
addressees noted in the attached mailing list.
19 [x] BY EMAIL: Courtesy copy. Sent by email with copy to me by Joseph Zernik in Pro Per.
20 Executed on Nov 13,2007, Los Angeles, California.
I declare under penalty of perjury under the laws of the State of California that the
21 above is true and correct.
22 MAILING LIST:
1. NIVIE SAMAAN 2.COLDWELL BANKER + LIBOW
23 Moe Keshavarzi, Esq Robert J. Shulkin, Esq.
SHEPPARD MULLIN, LLP COLDWELL BANKER
24 333 SOUTH HOPE STREET THE LAW DEPARTMENT
TH
25 48 FLOOR 11611 SAN VICENTE BLVD 9 TH
26 LOS ANGELES, CA 90071 LOS ANGELES, CA 90049
FAX: (213) 620-1398 FAX: 3104471902
27
28 Name Signature
8
Notice #3
Exhibits Volume B
B-102
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 34 of 35
Case 2:08-cv-0155( IP:"CW Document 45 Filed 04 2008 Page 28 of 29
PLAINTIFF(S), OS-CY-OI550-YAP-CW
v.
JACQUELINE CONNOR ET AL
PROOF OF SERVICE - ACKNOWLEDGMENT
OF SERVICE
DEFENDANT (S).
I. the undersigned, certify and declare that I am over the age of 18 years, employed in the County of
Los Angeles, • State of California. and not a
party to the above-entitled cause. On April 15th • 20 08 •I served a true copy of
PlaintifTZemik's NOTICE OF COUNTRYWIDE KEY FRAUDULENT DOCUMENT- REAL ESTATE PURCHASE CONTRACT
by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by
depositing it in the United States Mail in a sealed envelope with the postage thereon fully prepaid to the following:
(list names and addresses for person(s) served. Attach additional pages if necessary.)
o I hereby certify that I am a member of the Bar of the United States District Court, Central District of
California.
o I hereby certify that I am employed in the office of a member ofthe Bar of this Court at whose direction the
service was made.
fiI I hereby certify under the penalty of perjury that the fore .
ACKNOWLEDGEMENT OF SERVICE
I, , received a true copy of the within document on '
Notice #3
Exhibits Volume B
B-103
Case 05-90374 Document 260-2 Filed in TXSB on 05/08/09 Page 35 of 35
.
Case 2:08-cv-0155t ,p-cw Document 45 Filed O~ 2008 Page 29 of 29
Sarah L Overton
Cummings McClorey Davis Acho and Associates
3801 University Avenue
Suite 700
Riverside, CA 92501
951-276-4420
Email: soverton@cmda-Iaw.com
John W Patton, Jr
Pasternak Pasternak & Patton
1875 Century Park E
Suite 2200
Los Angeles, CA 90067-2523
310-553-1500
Email: jwp@paslaw.com
Michael L Wachtel)
Buchalter Nemer PC
1000 Wilshire Boulevard Suite 1500
Los Angeles, CA 90017-2457
213-891-5761
Email: mwachtell@buchalter.com
John Amberg
Bryan Cave, LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Tel (3101 576-2100
Fax (3101 576-2200
Email: jwamberg@BryanCave.com
Notice #3
Exhibits Volume B
B-104
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 1 of 35
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 Exhibit B(3)
27
28
Notice #3
Exhibits Volume B
B-105
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 2 of 35
.~"
CostS
Tille will b. held In what Name(s) Nlvle Samoan Manner In wlIleh Tille WW be held 5s1ale will bo held In:
An Unmarrled Women Fee Simplo
"S:::Du:::rce=c~f;:;O:::DI::'Ill:"iP;:a:::ym=e:::O:;-I,'S:::el;;;lIe:::m:::en=lC;;;herg=::es=llI1:::dJo='"Sllll=o::rd<.in:::al:::e"Fi"'l/lil:::oa=·n:=g7.(exp=I::;ain"'),......--...L..-------------lO lIl aseheld
ChocklnglSavlngs (oltMe¢al•• ,,"',"j
10. BORROWER INFORMATION . ~,ElOl'l'ower
Co-Bonmvers Name (lnclllllo Jr. or Sr. II applicable)
OCT 12 200~
B6riowar ENnNFORMATlON
Nome 11 Address cf Employer [i!I Sell Employed YIS. on 1I11sjob Name 1\ Address of emplOyer
4Yr(sl
Sp.llbDund Enterprise, Inc.
Vr.;, employed In this
133 S. Peck Drive, Suite 104 ~~•.T.~~'!o~~ Ono afWDllVPlDfesslon
Beverly HlIla, CA 911212 2D
posili.nmUelTypo Df BUSines. BtlSloess Phone (Incl. area COde) Po.llionlTitieIType of Business Busines. Phone (Ind. area code)
President 323-655·5654
Ilemplcycd In r;ummt poslUon for less flrlJll twD YCB1$ DrIf currnnfly omployed In more flrlJll cno poslUon comprete tho foUowl",/,
Nama & AdWos. of Employe, o
Sell Employed Dales (from.l.) Nlllne & Address.' Employ.. Self Employed D.les (fro....'.)
. o
MOlIlhly Incomo Monthly Income
S $
POSIUDnmU~O Df BOslnes, IBoslnes, PhOne.~ncl. area COde) Po,ilitlnITolIeIJ"ype of Business IBuslno.. Phone ~ncl. area code)
Name & Address of Employer o Sell Employed Dale. (Irem-t.) Name & Address.of Emplcyar o Sell Employed Dates (from•••)
Mcnlhly Income Monl/ll)' Incom.
posllJontnllelType QI BusIness I S
BUSiness.Phone (Ind. area coda) PeslUDnIT1UerType of Busin"",
S
rUsineSS Phlll19 (incl. area code)
~
I 'v. ;;;oNil:!LY INCOME AND COMBINED HOUSING EXPENSE INFORMATION " I
COmbined Monthly
Gross Monthly Incamtl Barrow., Ct>-IlarloWDr Tatll
Housing Ellpense
Presont Proposed
, ..
Saso EmpI.lrn:ome· S 33,333.00 S $ 33,333.00 Rem S 3,390.00
Overtime First Mortgage (P&I) S 6,299.33
Bonuses Olhsr Financing (pal) 1,128.60
Commissions Hazard Insurance 40D.87
DividendsJlnleresl Roal Estate T"""" 1,799.59
--
Nat Renlallncome
Other (b"... oom.~
Tolal
........,
WD litO oolk:o In "'dlt$-"""b8
Descr[bo Othcrlneome NotJce: AlJmcny, c.bUd -support, or soplratt malntM.once IncDme need not bD 1'OYt!ated II the
Bo""wcrlB) or Co-llom>WCr(C) dlll>& notchODSeto I\llII1! It conslderod for rupayln9 thlo lollD.
~1- Ij::S_Mo_nl_hJy_Am_,_ou_nt_
FaCl!amountS 500,000
Subtotal Uquld Assats S 2BJ,422
Al:C\.no.
Real estate awned (enter maJ1le1 vahle S
Name and addre~ of Company $ PaymantlMonlhS
from schedule of real astal9 owned) ~
VCSlOd lnl!reslln reUrementfund S 44,000
Net ,",e!lll of busines6{es) owned S 500,000
(att:Jch financilll.llItement)
Aulomoblles owned (make and yoar) $
Acct no.
2002 Honda Accord 25,000
~a':~~~~j'rt."r1/separate Malnlenanea S
Handwritten 1003
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 4 of 35
s $ $ $ $
Tolals S S $ S S $
List any addIUonalllJlm•• undor whIch cmdll has pmvlously be.n l'll<:llIvad and Indleatn approprlatllcrodllor nama (s) ond peeoun! numblll(s):
All.male Name CJ11d1lor Nam. Account Number
Handwritten 1003
Notice #3
Exhibits Volume E
B-108 - --
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 5 of 35
PovveredByPitney Bowes Page 1 of 1
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~9.ti,ce #3
https://ibdswebp I-ext.pb.comlimagesIUSPS/HTMLFolderslHTML15/f9c37be77-a93 9-fbttli~ts v8tGlW~008
8-109
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 6 of 35
August 19,2008
Joseph Zernik DMD Phd
2415 Saint George St.
Los Feliz, CA 90027
EncloS~d is our professi(mal opinion concerning the. authenticity of the documents that
youfurnishedto us. We are identifying these as Case2 and Case 3.
Wtif;fi:eiricluding .a copy bf the submitted documents, together with the•professional
opinions of Robert Meister and ScottMeister.
Additionally, we are includingthe CV from each of us.
We appreciate this opportunity to perform our analysis and provide you with our written
opinion.
If youshould have any further questions or concerns, please do not hesitate tocalLme at,
(317)443 -1616
Sincerely,
Notice #3
Exhibits Volume 8
8-110
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 7 of 35
Robert A.Meister
Certified DocumentExam.iner
120 N.MiU Creek Road. Noblesville;JN49062
Office: 317.770.1000" Fax: 800.786.2629
Email:experts@forgeryfinders.com
WWW. ):OtgQtyl=jndQt~ ~COlll
Questioned Document Examiner Letter
Questioned Signature ofVictor Parks - Case 2
Date: August 19, 2008
I have examined three (3) submitted signatures. One signature, the questioned signature of
Victor Parks, found on the PRE-QUALIFICATION LETTER dated September 7, 2004
identified herein as "Ql." Two (2) .signatureswere presented as "known signatures" of Victor
Parks. The.first "known signature" found outhe .• SUPPLEMENTAL DECLARATION OF
VICTQR PARKSiexecuted on November 6, 2006 is identified herein as "Kl." The second
"kn9W1lsi~t\lre"folU1don th~QECLAl<ATIONOFVICTORPARI<Sexecuted on October 27,
200«s iside~titieclJJ;er~in>as "lC2/' These "known signatures" were used to determine the
authenticity with the "Q1" signature. For the purpose of this .examination, a comparison was
madebetweeti."Ql"311d·the aforementioned "knoWIl signatures."
TodaY 1 have compared the "known signatures" of Victor Parks to the questioned signature of
to
Victor Parks "Ql," determine the authenticity of the questioned signature.
The signatures provided for this examination were viewed side-by-side and enlarged at multiple
scales by· the use of aC()ll1puter to aid the examination and comparison process. Common
features of the "known signatures"· were compared to the questioned signature.. AdditionaUy,
utl1.l.~al featuresof"Q 1" were compared to the "known signatures."
~~
RobertA. Meister
STATE OF INDIANA
COUNTY OF HAMILTON
ary Public -' State of! ana
My Commission Expires II)' 1()'J1?/O
Notice #3
Exhibits Volume B
B-111
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 8 of 35
Scott R. Meister
Certified Questioned Document Examiner
120 N. Mill Creek Road, Noblesville, IN 46062
Office: 317.770.1000 Fax: 800.786.2629
Email:scott@forgeryfmders.com
www Jotggtyr:fndgtg.com
Questioned Signatures of Victor Parks .... Case 2
Date: August 15,2008
l.have examined three (3) submitted signatures. One signature, the questioned signature of Victor
Parks, found on the PRE-QUALIFICATION LETTER datedSeptember 7, 2004 identified herein as
"Ql." Two. (2) signatures were presented as "known. signatures" of Victot Parks. The first "known
signature"Jound on the. SUPPLEMENTAL DECLARATION OF VICTOR PARKS executed on
Nov~niber6, 2006 is identjfied herein as "Kl.". The second "known signature" found on the
DECLARATIONOF VICTOR PARKS executed on October: 27, 2006 is identified herein as 11K2.."
Th~e ~'knownsignatures"wereused todetel.'mineithe/authenticity·with the "01" signature. Forthe
purpQseQf thisexam.inati6n,acompansol1was madepet\Veen"Q1" and the aforementioned
"known/Signatures."
Today! havec6mparedthe "known signatures" of Vict());,Parkslo the questioned signature of
VictoiParks "Q1t to determine the authenticity ofthe questioned signature.
The· signatures provided for this examination were viewed side-by-side and enlarged at multiple
scales by the use of a computer to aid the examinatioIl<and comparison process. Common features
of the "knoWn signatures" were compared .to the~uestioned signature. Additionally, unusual
features of "Ql" were compared to the "known signatures."
Based upontilorottg1t analysis 0f.tbeseitems, an4ifr01l1anapplication of accepted forensic
document examination tools, principles and techniques) it is my professional expert opinion that a
different person authored the name of Victor Parks on "Ql." The. author oftbe known Victor Parks
signatures iSlloftheauthor ofthe Victor Parks signature on the questioned document, "Ql."
lam willing to testify to this fact in a court of law and I will prove to tbe Court thatmy opinion is
correct.
RespectfuUysubmitted,
C;;c..1i X.fl!le·ill:-'l..--,"_
Scott R. Meister
STATE OF INDIANA
COUNTY OF HAMILTON
otary Public - State 0
My Commission Expires~-LJo<:......r-4,.L-1o~""""'"
Notice #3
Exhibits Volume 8
8-112
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 9 of 35
Scott R. Meister
Certified Questioned Document Examiner
120.N. Mill Creek Road, Noblesville, IN 46062
Office: 317.770.1000 Fax: 800.786;2629
Email:scott@forgeryfinders.cQm
WWW.r:OtgetYr:ihd(U.~:.com
Questioned Signatures ofVietorParks'-Case3
Dat:: August 15,2008
I have examined four·.(4) submitted signatures. Two signatures, questioned signatures of Victor
Parks, fotlIldontheUNIFORM RESIDENTIALLQJ\l'l APPLICATION (for the amount of
1,374.,400) dated September 7, 2004 identified herein as "Ql"and on the UNIFORM
RESIDENTIAL LOAN APPLICATION (for the amount of171,800) dated September 7, 2004
identified herein as "Q2." Two (2)'signatures were Pres~ted as .'.'kn0wn signatures" of Victor
Parks. The first "known signature" found on the SUPPLEMENTAL DECLARATION OF
VICTORP,ARKS executed on November 6, 2006 is identified herein as uKl." The second "known
$ignatur~".f'0U11dQn .~e D~CLA.RATION OF VICTOR PARKSex
ecu
tedonpctobet27,2006 is
identifiep,hereini~ ''K.2.'' . These "known signatures" were used to determine the authenticity with
the "QF~ .and "QZ" signatures. For the purpose of this examination, a comparison was made
1>etwe~n "'QF'afid"Q2" and the afOrementioned "known signatures."
Today I have compared the "known signatures"· of Victor Parks tothe questioned signatures of
Victor Parks "Ql" and "Q2," to determine the authenticity ofthe questioned signatures.
Thesignatutesprovided for this examination were viewed side-by..side and enlarged at multiple
scales J,)' tlI~useof.a c0111Put~rto aid the exatnination and comparison prgcess.•• C()111lllon features
of the "known signatures" were compared to the questioned signatures. Additionally, unusual
featuteSQf"Ql" and "QZ" were compared to the."known signatures,"
Based upon thorough analysis of these items, and from an application of accepted forensic
docu1l1ent e~ination lQols, .iprinciples and techniques, it is myprofessionalexpertopmion thata
different person. authored the name of Victor Parks on "Q1" and "Q2," The author of the known
Victor Parks signatures is not the author of the Victor Parks signatures on the questioned documents,
"Q1" and "Q2."
1 am willing to testify to this. fact in a court of law and I will prove to the Court that my opinion is
correct.
Respectfully submitted,
Scott R. Meister
COUNTY OF HAMILTON
Not ry Public - State ofIndi .
My Commission Expires 10 -/0 .JoIa
Notice #3
Exhibits Volume B
B-113
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 10 of 35
Robert A. Meister
Certified Document Examiner
120 N. Mill Creek Road, Noblesville, IN 46062
Office: 317.770.1000" Fax: 800.786.2629
Emai1:experts@forgeryfmders.com
www.J:o..gQtyJ:jhdQ~.com
Questioned Document Examiner Letter
QUestioned Signature of Vic.torParks - Case 3
Date: August 19,2008
I have examinedfol1r(4)submitted signatures. Two signatUres,questioned signatures of Victor
Parks, <found on the UNIFORM RESIDENTIAL LOAN APPLICATION (for the amount of
1,374,400) dated September 7, 2Q04 identified herein as "Ql" and on the UNIFORM
RESrpENTIAL··LOAN APPI..ICATION (for the.amountof171,800) (lated. September 7, 2004
identified herein as "Q2." Two. (2) signatures were presented 1lS "kno",llSignattires"ofVictor
Partes. The·first "known signature" found onilie SUPPLEMENTAL DECLARATION OF
VICTOR PARKS executedon.Noveiliber 6,2006 is identified hereil1as IIK.l}'Thesecond
"known Signature" found on the DECLARATION.OF VIC1"ORPARK~·¢~ecl.lted()~Octoper 27,
2006 is. identified herein as "K2:' These 4'known signatures" were used to. determine the
authenticity with the . 4'Ql" and 4'Q2" signatures.. For the purpos~/of this . • e2tammation, a
comparison was made between "Ql"and "Q2" and the aforementioned. "knownsign(l.tures."
Today Lhave compared the "knownsignatures".of Victor Parks toth¢questioned signatures of
Victor Parks "Q1" and "Q2tto determine the authenticity of the questioned sign(l.tures
The signatures providedfotthis exarninationwel'eviewedside-by-sideiand enlargedatmultiple
scales hythe use>ot?acoUlPutertoaidtheexaminationand COl11patisonprocess•. Col11mon
features .• ()f the. '~lq1()~ . sigJ).atur~f were compared. t0tlle.. questioned. signatures. Additionally,
unusual features of"Ql"ap.Q"Q2'}'W~~coll1pared to the "knownsign,atures."
:aasedupOl1 thorough. analysis of these iteIlIs, and frofu an applica.tionof accepted forensic
document examinatiolltools, principles and techniques,it is my professional expert opinion that
a different person. authored the name of Victor Parks on "Ql" and '4Q2;" The author of the
known Victor Parkssign,atUres is not the author of the Victor Parks signatures on the questioned
documents, "Q I" and "Q2;"
I am willing to testify to this fact in a court of law.
Respectfully submitted,
G?~t~
Robert A. Meister
Notice #3
Exhibits Volume B
B-114
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 11 of 35
Robert A. Meister
Forensic Document Examrner
Forgel"'Y.Finders, tLC
120 N. MillCreek Road
~oblesvllle,Jn 46062
Phone: (31?) 7704000 Fax: (BOO) 7B6"'2629
Education
Notice #3
Exhibits Volume B
B-115
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 12 of 35
Library
Publications
Professional Affiliations
Notice #3
Exhibits Volume 8
8-116
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 13 of 35
Scott Meister
Forensic Document Examiner
Forensic Document &x8mlnn( LtC
.: 120 N. Mill Creek Rd
NoblesvilleI' IN 46062
Phone: (3I1) 441-4845 Fax~ (311) 710..7188
www.fgrgeryflndem,.c;gm
.
,
Includes but not limited to disputed documents or signatures, Ind4dlng WillsI' checks,
contraetsI'qeeds, account ledgers, medical records, and autograph.authentlcatlon.
eduCllt/on
7",'nlnlllfnd Appl"fmtlceshlp
Spedlic Areall0'7,alnlnll:
Handwriting Identification and Discrimination , I
Signature Comparison
Techniques for Distinguishing Forged Signatures
DisgUIsed Handwriting
Altered Numbers
Anonymous Writing
Laboratory Procedures
EthlC$ In Business and the Legal System
Notice #3
Exhibits Volume B
8-117
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 14 of 35
COmputer
Adobe Photoshop
Photocopier
ScanMr
Magnifying t;!evlces
Stereo MicrosCope 5x-30x, with Digital Output Camera
Library
COnfertlm:tMIAttended
PubliCl'lt/ons
Notice #3
Exhibits Volume B
B-118
Case 05-90374 Document
---------..,,"_ 260-3 Filed in TXSB on 05/08/09 Page 15 of 35
...""'--~--~------~-------,-'--------------------------..
0406=12p 509
.- 271 '1845 p.2
'.
Nivltl~mll4l11
1~,Alrl't.:tlNII'\.'l.:l
~ MI.'liIl;$, Cl\ 20035
'111~mk ylUl Ihr lhl: t'Pflurtmlily In llnlrl:r.>l;.~tl:llt)' ml'W )'t1U. OUI' I,me.: 1Y.J1' Nvicwed yol\!' 101:!(11'iI<!,
cn.-dit. and liOIltCc of lund!l. Dud we're happy to conlirm thll.tyou've ~'i\ prc-q~tUJilll.'tI to purthillCC a
51.1OO.OUO home wi"" Stl/lOJIO tlnanci'll~. this pt;?qIIAJificatiM ill !lubject to written verification
..llrJ lilll :lflprtW.11 rl'!\mt~llr ul1d\ollWritin}vJlip:'J1lncl\l~
I lIlt." fllrwnl'c1 h"l "'l"Irkil\~Wllh yoo to :t SlICCCJ\J\ful c1oso (If l,;s\:roW, 8h\lUltiyClu dC1iir¢llnditiml,11
iIlJ~nnal«\l1.pl':;I~ li,:1:1 fr¢l,l1A~ C~'lltm:1 Ill': ;jt: (8IUt! S7S~5693.
~~?'--
e~-Qf
ViCUlr !'arks
:-;f. l.oa11 Con);lIltlUlt
9
2. Attached hereto as Exhibit 27js attueRnd ~oriect copy of the
10
Purchase Agreement thatMara Escrow me on October 22,2004. The. faxJine on the top of
11
the documents shows that Mara Escrowsentlton October 22, 2004, at 3:42 p.m. This
12
document was not signed or initialed by the defendant
13
14 3. Attached hereto as Exhibit 28,i$a tnleatl<!correct CQPY of a letter I
IS receivedfi:'orn COuntrywid~ HomeLoans.Jnc.,4a~ NovembCr'o. 2()()6,>C9l'1flt'Oli.ng that
16 on or aroundOetober 14, 2004, Countrywide snspended the processil'1gofMs,S8n133n's
17 loan because they had not yet received a copy ofthe.fully executed Purchase Agreement
18 This tetter is accompanied by the actual Notice of Suspension that Countrywide sent me in
19 October 2004.
20
21 1declare under penalty of perjury under the .laws of the State of'California
22 that the foregoing is true and correct.
23
24 Executed on November 6, 2006 at San Diego, California.
25
26
27 Victor Parks
28
JOB #2
PAGES
Notice #3
Exhibits Volume B
B-120
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 17 of 35
3 Based on my experienceJ believe that the pamescould have closed e8¢r0w by November
4 1,2004.
5
6
r declare under penalty of perjury under the Jaws Qftltc: State. ofCaliforni4
1 that tbeforegoingis t'rUeandcorrect.
8
9
• California.
10
.11
12
13
14
15
16
17
18
19
20
21
.22
23
24
25 . .~
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."
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26
27
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----_..- JOB #
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Exhibits Volume B -
B-121
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 18 of 35
•• ! ...
s $
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AIleltlil8Name ~Ntrno AccouIllNwnbtr
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Notice #3
Exhibits Volume 8
8-122
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 19 of 35
s s s
TllI8lt $ $ $ $ $ $
I.IlII.ny IUdlllona' na",.. urnletwhlch cr.d.ll hlit p,..,loUllyllotltl rotolvad and Indlcal. appropriate crodllor Ramela) and ••eount numt>er(a):
AIlernele Nel1lll CfedllDf Neme Account NulIlber
'.
a. PlJrtbllaa prlc8 $ 1,718,000.0 h ~ pIe_ u" co,"",yoIlOll ,.:S",o;:.:I1'OW="F':'::=:':':;=
b,A1ttr1llollS, Imp(OVemente. tep8l11 v•• No
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ctRellllllnce (lil<:I;dablalo l>e paid oil) b. ....... you bHnder:lerod bIIJlki'Upl wllhln !hi peat 7 ~""'?
.::•••...,eF.~UIl\lll;;;;;;.;:d:.:pro;;;·::pllId:.;·: ;;lIe;;;:..m;;;.==:..:.:::.....-I-'--"-----"".. H_l'Ou hid propor\l' ~ed Upon or gIv•• UII& or do.d In !lou Ihor..'
o til
0li1
1.I!llUlI\llIed cIoaIlIg coati In the .... 1 yeOll?
g.Pr.4f.I!\lP;FundllllIf'.. Uttl'OllaperlVlCla_ull1 0 til 0 0
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E~~irs\tolume B
B-123
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 20 of 35
1
2 I, Victor Parks, state and declare. as follpws:
3 '.
4 1. lamaSenior Loan COflswtantWith Pacific Mortgage LOan
S (J9nsultants. I submit th.jsd~elarati(>n in support of Nivic Saxnaan's Sur·Replyto
6 defendant lospeh Zemik's('t~emik") Motion.toBxpunge Lis Pendens. I have personal
7 kno\Vledgeofthe facts setJbrth berein.whi~h.atek.nown oyme!obe ttueand correct, and
8 ifoaUedas a witnesSt[could and wouldiCol!1l'etentl)' testify thereto.
9
2. Attached hel"etoas BXlU1.)jt27 is a trueAAdeorrectcopyofthe
10
Purchase Agreement that Mara Escrow mconOctober22, 2004. Thefaxline on the top of
11
the dOCUn1cntssbows that Mara Escrow sent It on October .22,.2004,at 3:42 p.m. This
12
document was not signed or initialed by the defendanl
13
14 3. Attached hereto as Exhib~t~8, is a tru~aru;1 ~()ll'CCtcopy()f a letter I
IS reeeiveaftomCountrywide HoJ11~Loa.rttIJ1c .• datcdNovem~~t 2006. col'lfirming.that
16 on oratouodOetober 14.2004, CountryWide. suspended theptOCt$s!ng of:Ms.Sam8@'s
17 loan because th~y had notyct received a copy of the fully executed PurchaseAgreement.
18 This letter is accompanied by the actual Noticeo! Suspension that Countrywide sent me in
19 October 2004.
20
21 I declare under penalty ofper:jury under the laws of the State ofCaJifomia
22 that the·foregoing is true and correct
23
24 Executed on November 6, 2006 at San Diego. California.
2S
a3KI
26
27 Victor Parks
28
,JOB #3
Notice#3PAGE 11
Exhibits Volume B
B-124
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 21 of 35
dJ4J
.11
12
13
14
15
16
17
IS
19
20
21
.7.2 ._
23
24
25 .
..it"
, .. \
... \:.'
26
27
28
-7.
JOB #3
'~~.:
Exhibits Volume B
B-125
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 22 of 35
Case :08-cv-0155 I'AP-CW Document 40 Filed 0 12008 Page 1 uttc~ vt.v1-
1 Joseph Zemik
2 2415 Saint George St.
Los Angeles, CA 90027
3 Tel: (310) 4359107
4 Fax: (801) 9980917
jz12345@earthlink.net
5 Plaintiff
6 in pro per
7
8
9 UNITED STATES DISTRICT COURT ,-:; r--:>
CENTRAL DISTRICT OF CALIFORNIA: -< ("1""
r-!"': J.'~
c;:>
c;:, ~.:t
10 :t: ~'.~
__..I •
c;.o
11
JOSEPH ZERNIK No. CV-08-01550-VAP-C
12
Plaintiff BON C. WOEHRLE JUD
13
V. ;·-0
14
JACQUELINE CONNOR ET AL NOTICE OF DOCUMENTSiPREVJ9U~Y
15 Defendants FILED LASCj . :;
Notice #3
Exhibits Volume B
B-126
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 23 of 35
Case :08-cv-0155 AP-CW Document 40 Filed O· 12008 Page 2 of 50
8
9
/.~ r?f1;--
JOSEPH ZERNIK
10 Plaintiff
in proper
11
STATEMENT OF VERIFICATION OF NOTICE OF SAMAAN'S FRAUDULENT
12
LOAN APPLICATIONS, THEIR UNDERWRITING, AND FRUADULENT CLAIMS
13 BY SAMAAN AND COUNTRYWIDE REGARDING SAID UNDERWRITING.
I, Joseph Zernik, am Defendant & Cross Complainant in Samaan v Zernik
14
(SC087400) matter heard in Los Angeles Superior Court, West District, I am also Appellant
15
in Zernik v Los Angeles Superior Court: (B203063), and also Plaintiff in Zernik v Connor et
16 al (CV 08-01550) matter heard in the United S!<ltes District Court, Los Angeles, California.
17 I have read the foregoing NOTICE OF SAMAAN'S FRAUDULENT LOAN
18 APPLICATIONS, THEIR UNDERWRITING BY COUNTRYWIDE, AND
19 FRAUDULENT CLAIMS RE: SAID UNDERWRITING and I know the content
thereof to be true and correct. It is correct based on my own personal knowledge as
20
Defendant in pro per in said case. I make this declaration that the foregoing is true and
21 correct under penalty of perjury pursuant to the laws of California and the United States.
22 Executed here in Los Angeles, County of Los Angeles, California, on this 14th day in
23 April, 2008.
24 -.:Jo. IJ /
). ~L. r-'~
25
Joseph Zernik' . .. l
26 Plaintiff /
in pro per V·
27
28
-2-
NOTICE OF SAMAAN'S FRAUDULENT LOAN APPLICATIONS & UNDERWRITING BY COUNTRYWIDE.
Notice #3
Exhibits Volume B
B-127
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 24 of 35
Case :08-cv-0155~P-CW Document 40 Filed 0, 12008 Page 3 of 50
Joseph Zemik
in proper
2 2415 Saint George St
Los Angeles, California 90027
3 Tel: 310-435-9107
Fax: 801-998-0917
4
5
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES
10
24
DATE: Feb 29, 2008
25
26
27
28
Notice #3
Exhibits Volume B
B-128
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 25 of 35
Case ~:08-cv -0155 AP-CW Document 40 Filed 0 12008 Page 4 of 50
1 TABLE OF CONTENT
2
3 Cover 1
4 Table of Contents 2
5 I. I NTRODUCTION ••.•.•......... 4
6 II. BRIEF HISTORY OF SAMAAN'S LOAN APPLICATIONS, THEIR
7 UNDERWRITING BY COUNTRYWIDE, AND FALSE CLAIMS MADE
IN THIS REGARD BY SAMAAN & COUNTRYWIDE......... 5
8
Table 1• Chronological table of Samaan/Countrywide's fraudulent claim.......... .•. 11
9
-2-
Notice #3
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Case :08-cv-015E /\P-CW Document 40 Filed 0 12008 Page 5 of 50
-3-
Notice #3
Exhibits Volume B
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Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 27 of 35
Case :08-cv-015E. AP-CW Document 40 Filed 0 /2008 Page 6 of 50
3 Enclosed are copies of Samaan's fraudulent loan applications (Exh A - First Lien Loan
4 Application, Exh B- Second Lien Loan Application) dated Sept 27, 2004, which were
5 submitted in 2004 to Countrywide, and other Countrywide underwriting documents
6 substantiating extensive fraud in the litigation of Samaan v Zemik (SC087400) at the Los
7 Angeles Superior Court.
8
9 I. INTRODUCTION
10 Defendant & Cross-Complainant Zemik is filing this notice, and filed previous
11 notices in Samaan v Zernik for ease of reference relative to fraud by Countrywide and others
12 in Samaan v Zernik:
17 A three additional documents are yet to be completed to allow full review of the
18 extent offraud in litigation of Samaan v Zernik:
19
d. Fraudulent Verified Statements in Samaan v Zernik
20
e. Fraudulent Inducement perpetrated by Samaan & Parks against Zernik in Sept
21
2004
22
23 f. False Claims by Countrywide against the U.S. Government and the California
24 Government.
25
26 The frauds documented in the current filing include, but are not limited to:
27 1. Extensive fraud by Samaan against the U.S. Government in completing such loan
28 applications, where most of the critical infonnation (employment, income, residence,
-4-
Notice #3
Exhibits Volume B
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Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 28 of 35
Case :08-cv-0155 AP-CW Document 40 Filed 0 12008 Page 7 of 50
2 2. Extensive fraud by Countrywide Legal Department - Todd Boock & Sanford Shatz,
3 Countrywide Custodian of Re~ords - Mariela Garcia, Countrywide Branch Manager _
4 Maria McLaurin, Countrywide Chief Legal Counsel - Sandor Samuels, Countrywide
5 President and CEO - Angelo Mozilo, Nivie Samaan, Mohammad Keshavarzi
6 (Sheppard Mullin), and others against Zernik, against the Court, and the People of
7 California and the United States in Samaan v Zernik.
8
9 II. BRIEF HISTORY OF SAMAAN'S LOAN APPLICATIONS AND THEIR
10 UNDERWRITING BY COUNTRYWIDE~ AND FALSE CLAIMS MADE IN
THIS REGARD BY SAMAAN & COUNTRYWIDE.
11
12 The main elements of such frauds were as follows:
I. Nivie Samaan, with full support through fraudulent verified statements by Maria
13
McLaurin (Countrywide Wholesale Branch Manager, San Rafael, California), Victor
14
Parks (Loan Broker, PMC), and Art. Mohammad Keshavarzi (Sheppard Mullin et al)
15
made fraudulent claims based on false representation of the underwriting history of
16
such loan applications at Countrywide San Rafael.
17
2. The Legal Department of Countrywide, (Art Sanford Shatz and Att. Todd Boock-
18
who claimed religious observance of the Jewish holiday of Passover to avoid being
19
called for a motion to compel regarding their fraudulent subpoena productions) re-
20
engineered the underwriting history of Samaan's loan applications at Countrywide in
21
their fraudulent subpoena productions from August 2006 through April 2007,
22
included in the subpoena's numerous fraudulent documents, refused to provide email
23
correspondence related to the applications and various reports related to the
24
applications, claiming that such did not exist.
25
3. Two Countrywide top officers were fully aware of the fraud since early 2007:
26
a. Sandor Samuels, Board Chair of "House of Justice" - Bet Tzedek - a prominent
27
Jewish Charity, and member of the board of numerous other Jewish organizations in
28
-5-
Notice #3
Exhibits Volume B
B-132
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 29 of 35
Case 08-cv-0155 .A.P-CW Document 40 Filed O· 12008 Page 8 of 50
1 Los Angeles, old friend of Judge Allan Goodman, and old acquaintance of Judge
2 Terry Friedman, and Chief Legal Counsel of Countrywide,
3 and
4 b. Angelo Mozilo, President and CEO of Countrywide
5 Both failed to stop the ongoing fraud in the courtroom, and refused to authenticate or
6 repudiate key fraudulent Countrywide documents in Samaan v Zernik for about a
7 year.
8
9 Fraudulent claims relative to Samaan's loan applications include, but were not limited
10 to the following:
11 1. That the fraudulent Sept 27,2004 Samaan's Uniform Residential Loan Applications
12 (l003) (Exh A, B) were the outcome of a phone interview by licensed loan broker
13 Victor Parks, and Victor Parks signed the statement to that effect on the Uniform
14 Residential Loan Applications (1003) on Sept 27,2004 (both 1st and 2nd Lien Loan
15 Application, Exh A and B, respectively).
16 • In fact, Samaan stated in her deposition in 2006 (Exh L) that Parks had never been
17 involved in the preparation of her loan applications, and that she had never even
18 talked with him about the loan applications at that time, that the loan applications
19 had been prepared by her and her husband, JR Lloyd (Parks first cousin and
20 business associate).
21 • In fact, Parks signature on the loan applications bears no resemblance to Parks
22 signatures in court declarations (Exh R).
23 2. That the fraudulent Sept 27,2004 Samaan's Uniform Residential Loan Applications
24 (1003) (Exb A, B) were valid performance of the contractual duty ofSamaan to "act
25 honestly and diligently to obtain designated loan".
26 • In fact, the loan applications were replete with false and deliberately misleading
27 data regarding Samaan's employment, income, residence, and place of employment.
28 • In fact Samaan refused to list proper loan fees in the 1st lien oan application (0.75%
-6-
Notice #3
Exhibits Volume B
B-133
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 30 of 35
Case :08-cv-0155 ,A.P-CW Document 40 Filed 0, 12008 Page 9 of 50
1 amounting to more than $10,000), and would therefore never sign loan disclosures
2 either.
3 • In fact, after suspension on October 14, 2007 Samaan failed to notice Zernik of the
4 suspension.
5 • In fact, after the suspension on October 14,2007 Samaan failed to address the
6 conditions listed in the suspension notice in a timely manner.
7 • In fact - throughout the period of Sept- Nov 2004, Samaan never filed valid loan
8 applications with Countrywide, let alone any other lender.
9 3. That Samaan's sole employment in the 4 years preceding the signing of the loan
10 applications was as President and Sole Owner of Spellbound Inc (the Supernatural
11 Superstore - selling Tarot cards, crystal balls, anointment oils, divining objects and
12 other retail goods for followers of the psychic and the occult). That Samaan's income
13 from such was $400,000 per year.
14 • In fact, in deposition in 2006 (Exh 0), Samaan stated that she was employed during
15 that period as a cosmetics saleswoman in a department store.
16 4. That Samaan was a single woman at the time she signed the applications (Sep 27,
17 2004).
18 • In fact, in deposition in 2006 (Exh 0) Samaan stated that she was married to JR
19 Lloyd at that time, and the Lloyd, unlicensed, and a spouse, was the one who
20 prepared the fraudulent loan applications.
21 5. That Samaan's loan applications conformed with the loans designated in the Purchase
22 Agreement
23 • In fact, the loan applications violated the terms of the designated loans, seeking to
24 minimize Samaan's down payment beyond that which was allowed in the Purchase
25 Contract
26 6. That Samaan's Loan Applications (1003) demonstrated that she was indeed qualified
27 in 2004 to purchase the Zernik property
28 • In fact, Samaan's loan applications demonstrate that she was not qualified at all to
-7-
Notice #3
Exhibits Volume B
B-134
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 31 of 35
Case :08-cv-0155l iP-CW Document 40 Filed Ot., 2008 Page 10 of 50
4 • In fact, Samaan's loan applications demonstrate that she did!!!!! have sufficient
5 funds owned by her, and by her alone, as required by lenders, to close the escrow.
6 8. Samaan's Loan Applications were first submitted to Countrywide on October 12,
7 2004: In fact, the loan applications were fIrst submitted in the first week of October
8 2004.
9 • In fact, the loan applications bear two "Date Received" stamps from San Rafael
10 Countrywide's Home Loans Branch. The earlier one, from October as well, is
11 defaced. The later is dated. October 12, 2004 (Exh A, Exh B).
12 • In fact, loan documents produced by Countrywide show that fraudulent
13 employment data in Samaan's loan applications was uncovered by the duly assigned
14 underwriter - Diane Frazier - already on October 6, 2004 (that is prior to the
15 purported date of receipt per Countrywide and Samaan), based on reverse lookup
16 of Samaan's fraudulent work phone number (Exh C).
17 9. Samaan's loan applications were suspended on October 14, 2004, only at Zernik's
18 fault.
19 • In fact, suspension notice was issued primarily for the following reasons:
20 a. False work phone - traced back to Samaan's residence (Condition #1, Exh
21 D- Oct 14,2004 Underwriting Letter)
22 b. Failure to include any fees to Countrywide in the stated closing costs
23 (Condition #2, Exh D - Oct 14,2004 Underwriting Letter) amounting to
24 violation of Countrywide's program rules (Exh E - Oct 14, 2004 Clues
25 Report).
26 c. Failure to sign Loan Disclosures within 3 days, as mandated by California
27 law (Exh F - Oct 14,2004 Hand written underwriting forms)
28 10. That SamaanlParks were notifIed that the loan applications were approved on October
-8-
Notice #3
Exhibits Volume B
B-135
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 32 of 35
Case :08-cv-0155l ,p-cw Document 40 Filed Ot., :2008 Page 11 of 50
18,2004.
2 • In fact, Samaan entered as evidence the Oct 14,2004 Underwriting Letter showing
3 the suspension of her loans on that date (Exh D).
4 • In fact, Samaan also claimed in a contradictory statement that the loan applications
5 were approved only late in the day on October 25, 2004.
6 • In fact, Samaan entered as evidence yet another contradictory document - a
7 purported Oct 26, 2004 Underwriting Letter showing the loans as still suspended on
8 October 26, 2004 (Exh J).
9 • In fact, Samaan never produced any document to substantiate the false statement
10 that her loan applications were approved on October 18,2004.
11 • In fact, this statement is contradicted by the preponderance of statements and
12 documentary evidence entered by Samaan.
13 11. That Samaan's loan applications were approved by Countrywide on October 25,2004
14 following the facsimile transmission on October 25, 2004, at 5:03pm of a Real
15 Property Purchase Contract by ViCtor Parks from the State of Washington to
16 Countrywide San Rafael in the State of California (to a financial institution, and
17 across state lines).
18 • In fact, the October 25, 2004 facsimile transmission was part of an elaborate
19 wire/fax fraud by Samaan, Lloyd, Parks, and a Countrywide insider (McLaurin?).
20 The facsimile transmission of the purchase contract document on October 25, 2004,
21 at 5:03pm was in fact from Samaan in Los Angeles, to her husband, Lloyd, also in
22 Los Angeles, and there is no way to know when it arrived in Countrywide, San
23 Rafael (see under separate cover - Notice of a fraudulent Countrywide document -
24 Purchase Contract).
25 • In fact, on October 25, 2004,Maria McLaurin filed a fraudulent request for
26 approval exception for Samaan's loans with Demetrio Gadi (Division Underwriting
27 Support) (Exh 11), and Gadi responded with a conditional approval only on October
28 29, 2004 (Exh K - Gadi's to Exception Request).
-9-
Notice #3
Exhibits Volume B
B-136
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 33 of 35
Case 08-cv-0155t \p-cw Document 40 Filed OL. /2008 Page 12 of 50
1 • In fact, on October 25, 2004, Maria McLaurin filed a request for appraisal review,
2 and results of such arrived only on Nov 2,2004 (Exh M - Nov 2, 2004 Appraisal
3 Report).
4 • In fact, Samaan never entered any documentary evidence from the underwriting
5 period in 2004 to support this fraudulent claim.
6 12. That Samaan's Loan Applications (1003) were ready to be funded by November 1,
7 2004, closing date.
8 • In fact, the Nov 3, 2004 Underwriting Letter (Exh M) still lists 'unmet conditions-
9 including but not limited to
10 a. Parks' Broker's Certification of Document, which in fact was never supplied
11 even later (Exh M - Nov 3, 2004 Underwriting Letter).
12 b. Samaan's mother certification of ownership of funds in the join account,
13 which in fact was never supplied at all.
14 • In fact, Samaan never entered any documentary evidence from underwriting in
15 2004 to support this fraudulent claim.
16 • In fact, Samaan's loan application (2Dd Lien) was presented for funding by
17 Countrywide Bank on Jan 27, 2005, and was summarily denied! (Exh N)
18 13. That Samaan was ready, willing, and able to close escrow in compliance with the Real
19 Property Purchase Agreement on Nov 1, 2008.
20 • In fact, the loan applications (1003) and Countrywide's Underwriting documents
21 demonstrate that Samaan was never ready, never willing, never able to close escrow,
22 neither by Nov 1, 2004, nor by Nov 3, 2004, or for that matter - not even by Jan 27, 2005.
23 /1/
24 III
25 III
26
III
27
III
28
-10-
Notice #3
Exhibits Volume B
B-137
Case 05-90374 Document 260-3 Filed in TXSB on 05/08/09 Page 34 of 35
Case 08-cv-0155l . P-cw Document 40 Filed OL. '2008 Page 13 of 50
1
TABLE ##1 CHRONOLOGICAL TABLE OF SAMAAN/COUNTRYWIDE'S
2 FRAUDULENT CLAIMS VS THE TRUE FACTS REGARDING UNDERWRITING OF
3 SAMAAN'S FRAUDULENT LOAN APPLICAnONS (1003)
-11-
Notice #3
Exhibits Volume B
B-138
Case 05-90374 Document
.......,.,. 260-3 Filed in TXSB on 05/08/09 Page 35 of 35
, ..
1 • Such suspension was noticed on October 0 Refusal to provide new, valid loan
14,2004, or in mid-October, 2004, by an applications, and re-submitting the
2 Underwriting Letter, unsigned, and time same false applications a second time
3 stamped twice Oct 26,2004. on Oct 12,2004.
• Sarnaan loan applications could not possibly
4 be suspended because of missing Zemik's
initials on the Sept 15, 2004 Purchase
5 Contract, since Samaan never submitted any
6 copy of that Sept 15, 2004 Purchase Contract
to Countrywide until Oct 22, 2004!
7 • The unsigned and time stamped Oct 26, 2004
Underwriting Letter could never be received
8 by SamaanJParks on October 14,2004 or
9
mid-October 2004, it was not generated yet
• The suspension was notice by a genuine Oct
10 14,2004 Underwriting Letter, hand-signed
by Senior Underwriter Frazier, and allowing
11 Sarnaan 10 days to correct the deficiencies in
her applications.
12
October 14-18.2004 October 14-18. 2004
13
• SamaanlParks repeatedly inform • Samaan's loan applications were suspended,
14 Libow/Zemik that the applications are on but she never disclosed that fact to Zemik,
the verge of being approved, and provide neither did she try to address the deficiencies
15 no explanation for the delay. that led to the suspension in the first place.
October 18, 2004 NOTICE TO BUYER October 18, 2004 NOTICE TO BUYER
16
17 • Samaan informs Zemik that the she was • There is no documentary or other evidence
re-assured verbally by Countrywide that from Countrywide that Samaan'sloan
18 loan applications were approved, therefore applications were approved on Oct 18,2004.
she removes the loan contingency, but • Samaan had done nothing to address the
19 refuses to remove the appraisal deficiencies, and the loans were still
contingency regardless of the fact that she suspended.
20 already had an appraisal at sales price.
21
22 October 18, 2004 October 18, 2004
Notice #3
Exhibits Volume B
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Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 1 of 35
Case 08-cv-0155~ \p-cw Document 40 Filed 04 2008 Page 15 of 50
23
• Also on Monday, Oct 25, 2004, Mclaurin
filed false Exception Request with Mr Gadi,
listing Samaan's annual income at $4m per
24
year, but no approval from Mr Gadi was
25 obtained yet.
October 26. 2004 October 26, 2004
26
27
• Samaan's loan applications were • The unsigned, Oct 26, 2004 Underwriting
approved since the previous day. Letter, which Samaan misrepresented in
Court as being of Oct 14,2004, in fact shows
28
-13-
Notice #3
Exhibits Volume 8
8-140
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 2 of 35
Case :08-cv-0155\ ~P-CW Document 40 Filed Oi., 12008 Page 16 of 50
-
25 • Samaan's loans were purportedly • Samaan's loan applications were far from
approved and ready to be funded since approval.
26 Oct 25,2004. • The appraisal review finally arrived on this
27 date.
• The Nov 3, 2004 Underwriting Letter shows
28 that critical documents were still missin$t:
-14-
Notice #3
Exhibits Volume 8
8-141
Case 08-cv-0155\
-
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 3 of 35
\p-cw Document 40 Filed OL /2008 Page 17 of 50
Notice #3
Exhibits Volume B
B-142
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 4 of 35
Case ~ 08-cv-0155, ,p-cw Document 40 Filed OL" /2008 Page 18 of 50
Notice #3
Exhibits Volume B
B-143
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 5 of 35
Case :08-cv-0155( . . P-cw Document 40 Filed 0, ,'2008 Page 19 of 50
Notice #3
Exhibits Volume B
B-144
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 6 of 35
Case 2 8-cv-0155l \p-cw Document 40 Filed 0.; ,2008 Page 20 of 50
Notice #3
Exhibits Volume B
B-145
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 7 of 35
Case 8-cv-0155t ..P-CW Document 40 Filed 04 2008 Page 21 of 50
Notice #3
Exhibits Volume B
B-146
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 8 of 35
Case ~ 08-cv-0155t ,P-CW Document 40 Filed Ot, 2008 Page 22 of 50
Notice #3
Exhibits Volume B
B-147
Case 05-90374 Document
.- 260-4 Filed in TXSB on 05/08/09 Page 9 of 35
Case 2 08-cv-0155t IP-CW Document 40 Filed OL, '2008 Page 23 of 50
3
STATUTE OF (1) Contract must be in (1) Samaan has consistently
4 FRAUDS. writing and signed by party argued that Zemik failed to initial
5
(Civil Code § against whom enforcement is and sign the "Purchase
1624) (a) "the sought - for the sale of land. Agreement". Further, Samaan
6 following argues that Zemik's failure to
contracts are "fully execute" the "Purchase
7 invalid unless Agreement" prevented her from
they, or some note being able to obtain a loan.
8 or memorandum
thereof, are in (2) Defense by way of Statute (2) Defendant has timely raised
9
writing and of Frauds was raised in a such defense.
10 subscribed by any timely manner by Defendant
party to be charged in Demurrer.
11 or by the party's
agent: (3) an (3) Close to 2 years later, (3) But Samaan has never
12 agreement for the Plaintiff still has not presented provided to the court any fully
13 sale of real the court with the relevant signed writing purported to
property. writing. document the sale of the property
14 in writing. .
Neither has she indicated that such
15 document is available, nor has she
produced such document in
16 response to.subpoena, nor
17 acknowledged its existence in
subpoena production of
18 Countrywide. Therefore, Samaan
cannot satisfy the Statute of
19 Frauds.
(4) In fact, in view of
20
Plaintiff's claims that the
21 contract was not "fully
executed", and as in the case
22 of Riley v. Capital Airlines,
Inc., the court mayfind this a
23 case ofpart performance
24
25
26
//I
//I
27
28
-21-
Notice #3
Exhibits Volume B
B-148
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 10 of 35
Case :08-cv-0155t IP-CW Document 40 Filed OL. 2008 Page 24 of 50
4
5
6
JOSEPH ZERNIK
7 Defendant and Cross Complainant
in pro per
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-22-
Notice #3
Exhibits Volume B
B-149
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 11 of 35
Case 08-cv-0155l \p-cw Document 40 Filed OL, 2008 Page 25 of 50
Notice #3
Exhibits Volume B
B-150
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 12 of 35
Case 08-cv-0155l ,p-cw Document 40 Filed O~ 2008 Page 26 of 50
5. I also approached the FBI in Los Angeles, and again, an agent there spent some time
2 with me going over the materials, and again, confirmed my suspicions that underlying the
3 case was substantial fraud and white collar crime activity. Here I learned for the first time
4 about an "epidemic ofreal estate and mortgage fraud" with an "epicenter in Los
5 Angeles". But most important was the realization from the FBI literature that the in the
6 vast majority of these cases, the fraud is perpetrated by realtors or loan brokers. The FBI
7 agent also expressed his surprise that my attorney had never filed cross complaint against
8 Samaan for Fraud and Deceit.
9 6. By late December 2006 I sent an email to Mr Cummings, with series of questions
10 regarding his conduct in representing me in Samoan v Zernik. He refused to respond.
11 7. I then met with one of the surviving marquee partners of the law firm, an elderly
12 attorney, retired Mr Workman. I asked for his help in resolving the situation without
13 getting into a dispute with the law firm. We spent about an hour in a deli shop in West
14 LA. He quizzed me regarding Eminent Domain, the New London Supreme Court case,
15 the shifting compositions of the U.S. Supreme Court, but never touched the subject of
16 our meeting. When he was ready to leave, he got up and stated that he supported my
17 position, that an attorney owed his client an explanation in plain English for his conduct
18 in the case. But he also stated his full confidence in Mr Cummings integrity. Mr
19 Cummings next offered me a $25,000 waiver of fees ifI agreed to leave the office, and I
20 did.
21 8. What struck my attention first in the discovery materials was:
22 a. The double "Date Received" stamps on Samaan's loan applications (Exh A,.
23 p38. and Exh B, p42).
24 b. The fraudulent employment and income information in the same loan
25 applications. She represented herself to me as a realtor closing a few deals a
26 year. Later it turned out that she was a cosmetician. In the Loan Applications
27 she was stating that the only employment she had for the previous 4 years was
28
-24-
Notice #3
Exhibits Volume B
B-151
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 13 of 35
Case :08-cv-0155l IP-CW Document 40 Filed 04 2008 Page 27 of 50
1 as President and sole owner of a retail company, but her bank statement
2 showed biweekly payroll deposit from the dept store.
3 c. Countrywide's subpoena production included blank forms for "Conversation
4 Log" from San Rafael. (Exh C, p46) is a true and correct copy of a " San
5 Rafael Conversation Log" blank form as received in Countrywide's
6 subpoenas in Aug 2006 and Jan-April 2007. It appeared completely
7 inconsistent with the totally computerized body of the records, that they would
8 use such ancient paper forms. Indeed, later, I managed to track down and
9 discuss the matter by phone with Diane Frazier, the former Senior Underwriter
10 at San Rafael, who was duly assigned to the underwriting of Samaan'sloan
11 applications. She told me that to her knowledge, these paper forms had not
12 been used in San Rafael at least since 1989, which was the first year that she
13 was employed there.
14 9. In late December 2006 I also called Maria McLaurin, the Branch Manager at San
15 Rafael. I was surprised that she agreed to talk with me. She stated that she prepared the
16 subpoena production in close collaboration with the Legal Department of Countrywide.
17 Regarding the paper forms "Conversation Logs" she explained to me that the Legal
18 Department determined that email correspondence is not subject to the subpoena I had
19 served them.
20 10. In late December 2006 I also called the Legal Department of Countrywide to discuss
21 the deficiencies in their subpoena production. 1also told them that I plan on submitting a
22 repeat subpoena, in hope that they respond more truthfully. In the repeat subpoena,
23 served in January 2007, I also entered an unusual introductory paragraph to that effect..
24 But the resulting subpoenas were identical to that obtained by Mr Cummings in Aug
25 2006, except that I insisted on a Custodian of Records declaration, which was strangely
26 missing from Cummings subpoena production. I also established a protocol, whereby my
27 subpoena productions were received by a Legal Services company, where the documents
28
-25-
Notice #3
Exhibits Volume B
B-152
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 14 of 35
Case '08-cv-0155\ ,p-cw Document 40 '2008 Page 28 of 50
were immediately scanned and saved on CD's before they even got to me, to establish
2 exactly what documents were received and in which order.
3 11. In Meet and Confer telephone conference in early 2007 with Att Shatz and Att Boock
4 of the Legal Department of Countrywide, they claimed that there simply was no
5 explanation for the double "Date Received" stamps on Samaan's loan applications. They
6 also denied that there was any report in Countrywide that could shed light on this
7 mystery. For example, I asked for any Internal Audit report on these documents,
8 establishing the identity of the person who created these stamps, the time it was done, the
9 authority by which it was done, and the reason for it. I also asked for any Imaging Report
10 that would show if these loan applications were scanned twice, once in early October and
11 once on Oct 12, 2004. I also asked if there was any evidence in Edge, the underwriting
12 monitoring system, for another receipt and underwriting prior to Oct 12, 2004. I also
13 asked for a Pipeline Report - to see if any applications by Samaan were noted prior to
14 Oct 12, 2004. On all of these questions Att Shatz and Boock answered that I am asking
15 for non-existent reports.
16 12. Prior to the Meet and Confer phone call, I wrote a detailed letter, signed and sent
17 under the name of my then Counsel Zachary Schorr. In it, I specifically again asked for
18 the various types of reports that Countrywide surely had to have regarding Smaan' sloan
19 applications, especially that the Legal Department had now twice reviewed in detail the
20 documents. They denied any existed. In the Meet and Confer Letter I also listed one by
21 one all the Underwriting Letters provided in the Subpoena production. It was clear to
22 me:
23 a. That they omitted at least one Underwriting Letter from the period prior to Oct
24 12, 2004, and
25 b. That the unsigned, invalid Oct 26, 2004 Underwriting Letter, which was
26 entered by Att Keshavarzi in Sur Reply to Defendant's Motion to Expunge Lis
27 Pendens in Nov 2006, was never present in any of Countrywide'S 4 (four)
28 subpoena productions received by that time. That unsigned, invalid
-26-
Notice #3
Exhibits Volume B
B-153
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 15 of 35
Case :08-cv-0155\. ,p-cw Document 40 Filed OL. :2008 Page 29 of 50
1 Underwriting Letter was supposed to be the only connection between the made
2 up claims from 2007 and the true facts in this matter as documented in the loan
3 file. But that Underwriting Letter was from Oct 26,2004, a date that was
4 useless for Samaan, since by then the escrow was surely canceled. Therefore,
5 they fraudulently misrepresented that letter as being dated Oct 14, 2004, and
6 having been received by Oct 15, 2004, or mid-October 2004 by Mr Parks.
7 Such was obviously false, since the fax header imprint stated it was received
8 on Oct 26, 2004, and the "Edge" underwriting monitoring system at
16 Letter was not part of Samaan's loan file from the underwriting period in 2004.
17 14. I demanded an explanation for the appearance of that extraneous Oct 26, 2004
18 Underwriting Letter. In response, I received on April 12, 2004 yet another subpoena
19 production (albeit - I never asked for it). In the few hundred pages were inserted some 20
20 new pages, including the Oct 26, 2004 Underwriting Letter. But it did not appear as a
21 stand alone Underwriting Letter -like the rest of the Underwriting Letters. Instead, it
22 appeared only as part of correspondence in Nov 3-6, 2006 (more than two years after the
23 underwriting period) between Keshavarzi, Lloyd, and McLaurin.
24 IS.Em D (p 48) is a true and correct copy of Countrywide subpoena documents - Nov 3-6,
25 2006 Correspondence, as received by me in April 2006 from Countrywide.
26 0 that Lloyd, Samaan's husband was an acquaintance of McLaurin, and the
27 relationship between McLaurin and Samaan was not a typical ann's length
28 Bank Manager - Borrower relationship. Prior to that- Att Keshavarzi dubbed
-27-
Notice #3
Exhibits Volume B
B-154
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 16 of 35
Case 2 8-cv-0155\ ,p-cw Document 40 Filed 0", /2008 Page 30 of 50
9 on Oct 14,2004, two days after their purported first receipt in San Rafael.
10 o That in Nov 2006 Maria McLaurin was still hesitant to become a full pledged
participant in the fraud against Zemik. She refused to sign the verified
11
statement offered by Keshavarzi, and instead supplied a letterwhich should not
12
have been admissible in court. Later, she changed her position, and submitted
13
blatantly fraudulent verified statements.
14
16.Exh A (p 38) is a true and correct copy of Samaan's Sept 27,2004 jSl Lien Loan
15
Application (1003), obtained by subpoena from Countrywide, showing double "Date
16
Received" stamps, signatures of Parks that do not resemble his signature in Court
17
Declarations (Exh R, p~, and umpteen false and deliberately misleading data entries
18
(detailed in text of notice).
19
17.Exh B (p 42) is a true and correct copy ofSamaan's Sept 27,2004 Zft Lien Loan
20
Application (1003), showing double "Date Received" stamps, signatures of Parks that do
21
not resemble his signature in Court Declarations (Exh S, p 149), and umpteen false and
22
deliberately misleading data entries (detailed in text of notice).
23
18.Exh E (p 61) - is a true and correct copy of the document Oct 4,2004 Broker
24 Certification and Origination Agreement from Countrywide subpoena productions.
25· Notes:
26 a. This fax document, produced by Countrywide, presumably documents
27 transmission from Parks (Washington State) to Countrywide (San Rafael,
28 California). But in fact, the fax header imprint is anonymous in violation of
-28-
Notice #3
Exhibits Volume B
B-155
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 17 of 35,-
Case 08-cv-0155~ A.P-CW Document 40 Filed OL, ,'2008 Page 31 of 50
FCC regulations. The fact that such an anonymous document was received in
2 Countrywide as part of a loan file applications is in violation of both "sound
3 banking principles" as required by Regulations B of the FRB, and also in
4 violation of Countrywide's own Policy and Procedure manual regarding the
5 use of fax machines. The fax header on this document perfectly matches the
6 fax header on documents such as the Oct 25, 2004 fax transmission of the Sept
7 15,2004 Purchase Contract, which is part of the convoluted fax/wire scheme
8 of Samaan, Parks, Lloyd, and Countrywide (see Notice ofDocument: Sept 15,
9 2004 Purchase Contract) against a financial institution, and across state lines.
Notice #3
Exhibits Volume B
B-156
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 18 of 35
Case 08-cv-0155~ ",p-cw Document 40 Filed OL, /2008 Page 32 of 50
1 Countrywide only on Oct 12,2004. It also contradicts the claims that missing Zemik's
2 initials caused the suspension of Samaan' s loan applications, which has not documentary
3 evidence from 2004 whatsoever.
4 20. Exh G (p 66) - are true and correct Countrywide subpoena documents from Samaan's
5 loan file:
Notice #3
Exhibits Volume B
B-157
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 19 of 35
Case 2· 8-cv-0155t .P-CW Document 40 Filed 04 2008 Page 33 of 50
1 Exception Report with Demetrio Gadi (Exh J, P 93), in violation of the conditions set by
2 the duly assigned Senior Underwriter Frazier - that such be done only after Samaan filed
3 valid Loan Applications (1003) listing the 0.75% loan fees. In addition, McLaurin failed
4 to submit to Gadi a Clues report, instead making up fraudulent fictitious complimentary
5 credit determinations for Samaan, and in the process also hiking her income to $4m per
6 year. Gadi unfazed, added specific restrictive conditions to Samaan's loan applications in
7 his Oct 29, 2004 Exception Report (Exh N, P 104), which did not reflect confidence in
8 the integrity of McLaurin or data she provided regarding Samaan's loan applications:
9 - He re-affirmed the requirement for valid Loan Applications (l003) listing the loan
fees of 0.75%
10
11 - He added a condition that a valid Clues Report be produced prior tofunding
- He added a condition that all such documents be reviewed and approved by a Branch
12
Underwriter (rather than Branch Manager McLaurin).
13
22. Exh I (p 9i}- is a true and correct copy of Countrywide's subpoena document from
14
Samaan's loan file - Oct 14, 2004 pt Lien Underwriting Letter, showing a suspension
15
notice with:
16
a. Condition #1- explanation of false employment data, and
17
b. Condition #2 - resubmission of loan applications with correct listing of loan
18
fees to Countrywide
19
23. Exh J (p 93) - is a true and correct copy of Countrywide's subpoena document from
20
Samaan's loan file - October 25, 2004 - McLaurin's Exception Request - Branch
21
Input.
22
Notes:
23
a. McLaurin's submission of this Exception Request is in direct violation of the
24 conditions set by the duly assigned Underwriter - Frazier, that Samaan submit
25-
a valid Loan Application (1003) listing the 0.75% loan fees. Mr Gadi in his
26 Oct 29, 2004 Exception Reply reaffirmed these conditions.
27 b. Samaan's annual income figure is a blatant handwritten adulteration of a
28 digital document. As evidenced in Exh K (p--.J, McLaurin submitted this
-31-
Notice #3
Exhibits Volume B
B-158
Case '08-cv-0155l -
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 20 of 35
. P-cw Document 40 Filed Ot.,
-
'2008 Page 34 of 50
9 Report. Gadi added a condition that an authentic Clues report be produced and
10 reviewed by a Branch Underwriter in his Oct 29, 2004 Exception Report (Exh
N, p 104).
11
12 24. Exh K (p 97}- is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - October 25,2004 - Ortin's Email Note RE: Exception Request.
13
This email note is supposed to correct McLaurin's false statement ofSamaan's income-
14
at $4m per year. It is not clear whether Gadi was aware of Ortin's email note by the time
15
he produced the Oct 29, 2004 Exception Report.
16
25. Exh L (p 99)- is a true and correct copy of Countrywide's subpoena document from
17
Samaan's loan file - October 25, 2004 - McLaurin/Ortin 's Appraisal Review Order.
18
This order by McLaurin, like the submission of the Oct 25,2004 Exception Request,
19
diametrically contradicted Senior Underwriter Frazier conditions - such review was
20
supposed to be ordered only after Corporate approval of the Exception Request, which
21
did not arrive until Oct 29, 2004. Together, the following documents evidence the fact
22
that by Oct 25,2004 McLaurin, a Bank Manager, removed Samaan's fraudufent loan
23 applications from the duly assigned Senior Underwriter Frazier, and handled their
24 underwriting herself:
25 a. Oct 25,2004 Exception Report
26 b. Oct 25, 2004 Appraisal Review Order
27 c. Oct 29,2004 Underwriting Letters
28 d. Nov 3,2004 Unde1'Writing Letters.
-32-
Notice #3
Exhibits Volume B
B-159
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 21 of 35
Case '08-cv-0155t \p-cw Document 40 Filed 0" }2008 Page 35 of 50
1 In her fraudulent court declarations in 2007 McLaurin did not disclose any of her direct
2 involvement in the Underwriting ofSamaan's loan applications. Instead, she falsely
3 portrayed herself as a bank manager who was in 2007 reviewing underwriting documents
4 that were produced in the nonnal course of business in 2004, and providing her
5 interpretation of such documents as a Bank Manager. She never disclosed that she
6 herself was the unauthorized underwriter of Samaan's loan applications, after removing
7 the applications from the responsibility of the duly assigned underwriter - Frazier.
8 This document also contradicts Samaan's/Countrywide's claim that the Appraisal Review
9 was delayed because of Zernik's initials, and that it was finally obtained on Oct 25, 2004,
10 and with it also loan approval was obtained. Both the appraisal review and the loan
approval were far from being obtained on October 25, 2004.
11
12 26. Exh M (p 101}- is a true and correct copy of Countrywide's subpoena document
produced as part of Nov 3-6, 2006 Correspondence of Keshavarzi, McLaurin, and Lloyd
13
- Oct 26, 2004 -Underwriting Letter, unsigned, claimed as not part of the loan file by
14
Legal Department attorneys in Meet and Confer in 2007, but entered by Keshavarzi as an
15
Oct 14, 2004 valid Underwwriting Letter, with a dubious support letter by McLaurin.
16
This Oct 26, 2004 Underwriting Letter in fact shows that the loan applications were still
17
suspended on Oct 26,2004, contradicting Samaan's/Countrywide's claims that approval
18
was issued on Oct 25, 2004.
19
27. Exh N (p 104) - is a true and correct copy of Countrywide's subpoena document from
20
Samaan's loan file - October 29,2004 Gadi's Exception Report, issued at 1O:46am by
21
Division Underwriting Support- Demetrio Gadi's response to McLaurin's Oct 25,2004
22
Exception Request:
23 a. It contradicts the false claim that loan applications were already approved by Oct 25,
24 2004.
25 b. It shows numerous conditions added by Gadi that were never complied with
26 throughout the life of these applications.
27 c. Gadi stipulated his approval upon veracity of data provided to him, but McLaurin's
28 input was false and deliberately misleading, therefore, as stated by Gadi:
-33-
Notice #3
Exhibits Volume B
B-160
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 22 of 35
Case :08-cv-0155\ ,p-cw Document 40 Filed OL )2008 Page 36 of 50
1 "IF ALL CONDITIONS ABOVE ARE NOT MET THIS EXCEPTION IS NULL AND VOID!
THIS IS AN EXCEPTION DECiSiON ONLY AND NOT A LOAN APPROVAL."
2
28.Exh 0 (p 108)- is a true and correct copy of Countrywide's subpoena document from
3
Samaan's loan file - Oct 29,2004 Underwriting Letter, showing:
4
a. This Oct 29,2004 Underwriting Letter was signed by Branch Manager
5
McLaurin instead of the duly assigned Senior Underwriter Frazier, and in
6
violation of the condition set by Mr Gadi, that a Branch Underwriter manage
7
the underwriting of Samaan' s loan applications.
8
b. As of Oct 29,2004, appraisal review ordered on Oct 25, 2004 was still not
9
received. Such data contradicts false claims made in court declarations and
10 briefs, that such appraisal delayed approval of the loan applications, was
11 received on Oct 25, 2004, and that the loan applications were approved by Oct
12 25, 2004 as well.
13 c. As of Oct 29, 2004 Samaan had never filed the required corrected, valid Loan
14 Applications (1003) listing the loan fees of 0.75%, and therefore could not file
15 the disclosures either. In fact, never in the loan file are valid loan applications
16 (1003) to be found.
17 d. The fraudulent fax transmission product Sept 15, 2004 Purchase Contract (see
18 under separate cover - Notice 0/ Document: Sept 15 2004 Purchase
19 Contract), falsely and misleadingly represented as the product of fax
20 transmission on Oct 25, 2004, 5:03pm, from Parks in Washington State to
21 Countrywide in San Rafael California (across state lines), was still not part of
22 the loan file on Oct 29, 2004. Therefore, the Oct 29, 2004 Underwriting Letter
23 is a support document for demonstrating that the fax transmission on Oct 25,
24 2004 was falsely and misleadingly misrepresented in court. Moreover, the fact
25 that the Sept 15,2004 Purchase Contract is still missing from Samaan's Loan
File on Oct 29,2004 entirely contradict the fraudulent claims that Zernik
26
delayed the delivery of the Purchase Contract to Countrywide, and that it was
27
28
-34-
Notice #3
Exhibits Volume B
B-161
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 23 of 35
Case '08-cv-0155l I...P-CW Document 40 Filed 04 ,2008 Page 37 of 50
delivered on Oct 25, 2004, and that such delivery resulted in the immediate
2 obtainment of both Appraisal Review and Loan Approval on Oct 25,2004.
3 e. The statement from Samaan's mother regarding the ownership and access to
4 funds in the joint account that were essential for closing, was still not received.
5 In fact, it was never received during the life of this loan file.
8 fact, such was never resolved during the life of this loan file.
9 g. Broker Certification ofDocuments was never received yet. In fact, such was
never received during the life of this loan file.
10
h. Wells Fargo Bank Statement was still never received, required to demonstrate
11
availability of funds to close.
12
29. Exh P (p 111)- is a true and correct copy of Countrywide's subpoena document from
13
Sarnaan's loan file- Nov 3,2004 Appraisal Review Report- issued at 12:25pm,
14
contradicting the false claims that such appraisal was obtained on Oct 25, 2004 and also
15
allowed the loan applications to be approved already on Oct 25, 2004.
16
30. Exh Q (p 114) - is a true and correct copy of Countrywide's subpoena document from
17
Samaan's loan file - Nov 3,2004 Oct 29,2004 Underwriting Letter, showing:
18
a. This Nov 3, 2004 Underwriting Letter was again signed by Branch Manager
19
McLaurin instead of the duly assigned Senior Underwriter Frazier, and in
20
violation of the condition set by Mr Gadi, that a Branch Underwriter manage
21
the underwriting of Sarnaan's loan applications.
22
b. Valid Loan Applications (1003) listing the true closing costs with loan fees of
23
0.75% were still not received. No Loan Disclosures were signed yet either.
24
c. The Sept 15, 2004 Purchase Contract, fraudulently claimed as faxed to
25 Countrywide on Oct 25,2004,5:03 pm was still not incorporated as part of the
26 loan file. In fact, there is no evidence that it was received by Countrywide yet
27 on Nov 3, 2004!
28
-35-
Notice #3
Exhibits Volume B
B-162
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 24 of 35
Case :08-cv-0155l ,p-cw Document 40 Filed Ol, 2008 Page 38 of 50
7 31. Exh R (p 117) - is a true and correct copy of Countrywide's subpoena document from
8 Samaan's loan file - Jan 27,2005 - Denial Letter, showing denial of funding by
10 approved by Oct 25,2004, and Samaan was able, willing, ready to close by Nov 1,2004.
In investigation in 2007 by the OffICe of Thrift Supervision Countrywide Bank stated
11
that it would never have funded Samaan's loan applications.
12
32. Exh S (p 119) - July 2006, Samaan's Deposition, showing that Parks was never
13
involved in her loan applications, that her husband was the one who prepared the loan
14
applications, falsely signed by Parks, that Samaan was employed at the time of the
15
application as a cosmetics saleswoman in a department store, contradicting false
16
statements about her employment in loan applications.
17
33. Exh T (p 149) - Oct 27,2006 Parks' Court Declaration - full of contradiction regarding
18
the underwriting process, as outlined in Table 1. Parks' signature on this document bears
19
no resemblance to his signatures on the Sept 27,2004 Loan Applications (Exh A)or the
20
Sept 7, 2004 Prequalijication Letter (Exh J. The latter two do not bear any
21
resemblance to each other either. In the whole Samaan Loan Application file there is not
22
a single authentic signature by Parks.
23
34. Exh U (p 157) - Sept 7, 2004 Park's Prequalijication Letter
24 I make this declaration under penalty of perjury pursuant to the laws of the state of
2S California. Signed here, in Los Angeles, California, Feb 29, 2008.
26
27
28
-36-
Notice #3
Exhibits Volume B
B-163
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 25 of 35
Case :08-cv-0155\ ,p-cw Document 40 Filed 0<-, .2008 Page 39 of 50
2
3
4 JOSEPH ZERNIK
DEFENDANT & CROSS COMPLAINANT
5
inpra per
6
7
8
9
10
11 V. EXHIBITS
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-37-
Notice #3
Exhibits Volume B
B-164
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 26 of 35
Case :08-cv-0155\ \p-cw Document 40 Filed OL, '2008 Page 40 of 50
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 EXHIBIT A
28
-38-
Notice #3
Exhibits Volume B
B-165
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 27 of 35
Case 2:08-cv-0155 ,p-cw Document 40 Filed OL
- /2008 Page 41 of 50
.'!'
PfDPtI\v-,otllle_lsRlylnOonolllcrPft!ll<rly_dl·.~~_
of1lle_._..
(1IldoldlnIJtlIellollllWll'.SJlDUSBl...lb• ....., ... Iwis forI... quilIIIIca1Ioo or Oll>elnoo... ora.....
1llI8
m.I3ORRCIWER FOIlMATION
... -
1227112 S. Allred s......t
La. A.golo.. CA 90035
eolau,lne..
N_.Add.... oIEmpl..,.,
l'I'8 ...
eo-
Ilo_r
_
FI8I1d1tMuFclnll.' 01104
C8IYX F... leO) I.D8nIppI.... D1Jll4 Computer Genertlt~1 oI~
Handwritten 1003
Notice #3
Exhibits Volume B
B-166
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 28 of 35
Case 2:08-cv-0155 i.P-CW Document 40 Filed O· 12008 Page 42 of 50
I •
V. MONTI:IL'V INcOME AND COMBINED HOUS! G EXPENS~ WFORMAllON
.- 1
=:"~.': ....... '.
p~DP-
-
G... MD""'lJIlnoom_ 1IiI_ Co-Bo_r Total
8asa~.lncame· 33.333,00 S $ 33,»3.00 Real $ 3,390.00
, ..
fbt MorfI/ODe (P&I) 6,219.33
800uses DIhar!'lnlac/ng (PII) 1,128.60
__Puoo
IHomdNurala
-_
e-JsIIOIIJ 400.87
IlMdIndlllolore>l RaI EsItIe T.... 1,789..58
Het R8lIlII_ h1l1111l1a: lRslnlce
othet ......_
.......
. . . .-.l:ah.....",.,.
0UIar.
3,390.00 9,611.38
Tollll • 33,333.00 S 33,333.00 TolI/ $ S
. $
S.VEmployed 80"...."1.)"""110 nqIllnI~'" PJ'D'I<ho .ddllJ....,d...."""'..U....dI ..... _ """ lin""oIaI_....b •
~
D"cr1tJD 0UMlr lneotrIo NoUca: ADraD"W'1 chltd .UPPOrt. wup," mdU"'a )DCOfDI niH ftOt: b. RJNIJed 11th,
B._Ill) Dr eo.e........, lC) do. . .ot-......... II _Idem! forre,llyi'llhIs loon.
~I· __ Amounl
~
AS9aTS Cosh or M>tlctt
Inluo ._liIo.
lIollolO, Iodddlng . . ._
LlUllllbudPlodgal ........ USltllaae<llloh ...... _
u.e.._
Ild<pIIllgu, ....
rtl/DlWlOc:haIgt-. .... -
....._ ronborlor.. out>....dIng
- . ~ _ _I\.
.. I'l'M _ _ ..HdIWi1be
~V_.Indica
1JI.lnsIJranc&lIllIo:ashVlluo S
p-.........,S 600,000
S1dl/oIiII UqaId ADoIs S 293,422
-'no.
==.teaw:r~~~ _end IIdd"~ cI COllIJI'Iny $ PaymOnlIMOn,,",
-. ...
llllllclllnandal .....melll)
~ ....... [mallOaadyoal) ~
25,000 IS
..
2002 Honcbl ACCOld
~ow:r~'''''--
0Mler A5H1S Cl\OmIZ8f
.......11We 160,000 I'M RoIaIod _eldllld cono. _11111!5, etc.) $
100,000
JIIWI)CY
.....
r...IMiiiilliWI'"oymonl5 S 811 ...
Notice #3
Exhibits Volume B
B-167
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 29 of 35
Case 2:08-cv-0155, ,p-cw Document 40 Filed Ot. ,'2008 Page 43 of 50
To.... S S S S S
Us!.IIY .ddIII..... nom.. """.,..bleh cn>d111W """"0"'11 ....n ............ lIlllJ.....pP/Dtl,.... t~tna.....sl ••u""unl .......rj.J,
e-----..___
I. 1!sIIrnoletl1:!DD>~_ 21,116.110 "''''1IsI7\'U1St
Do PI... M1P.~DF•• II. Anlyau.I""Ir ..........,
h. IlbtoUnl (l/80_wII pO'/l
0&1 00
L TDtII costs .add _ t tIImrJlUI
t. -you.....,... INIndIV...... ollIIrIalldMOJ'IfIo... _ '......II.
_ _ _tIflillllllllellolbetlo!lllo,orJullgmtll\7 0&1 DO
1.141,116.33 SlIIo...... _ _
~ Stdlorlhfa It\Ind/lll 171,1100.00
k. e...-ndo"'~COIIspoldby_ ="'-=-:"~.=r:'~~~=r-"1l'=
u.s-ell....FJIA.VAc.aramt.t .....Md. . . . . . . . . . . .)
L 0llIar~1 L ..In_......._ _ or...,olher
",.yauJllOStJl\lyd~
Olill 0 0
e>&.. llel'0"" 'Nl.oOIl.M ~~"":~=="",".?
Iv. Anlyoo/lbllilUd......,......,. _1lUpIlllIt. ....pora_ _l Olill DO
II.lslAl'part"llIa"MlPIJIIIIM~ DEll 00
--...............................................................................-........-.....
L Alayoua_orOlld<XlCtOll.nolt? 0&1 DO
... Looft tnlOUIIl 1.374,400.00
~ AlO~aU.s._ ~O DO
1 - PM~MIP. t .."flll/tca IinaIltod) .. N4~'JlIIIll3I!b'I...1donc_? o iii 0 0
I\. PML NIP. FIr\dInf F..1lIl......
O.JOUlntladlD.... P1l1\1~..,... plImo»'JOtld....,
rt...,~· CQIIIItIt OllI3hArlbdM.
1ilI0 00
... _jlIUllIlI ... ~~,.,..."'.pIll_"''''.l>sttllrte~ DEll 0 0
Do Looft _ I (add III & n) 1,374,400.00 (t)_"""oJ........,d1d)1lU~_[PR).
--ISIl)," _ _IIIV(IPl7
p.CHIr _ _
188.116.33 l2l_ddyouloollllillo............-rtIlt_ISl.
l.ul>\ItdJ.k,l&. IrD.. _ jOIIltf.... ".._.ISPlo..J!lnUrWlll_.. _
I
.. IX. A!:KNO'M.EDOMENY"AH!l. .A'G~m
(0)1
.. I
,_
_lea_.........
_III.. -- -,,-
Elllnlc\tyl 0_ _..
HIsJ...... LallIlo f!lJ HolH1&_.. CAIIinl> £IIIb\Cllll: 0 _ _ .. 0 .... _ ... -
Rato. 0_ 0 - ... !b.., OAoIoo O_or
0 _ _.. - 0 _ _ _,
&1- O,,*"_or 0_
OIIlttl'lltlltbl_
Sa:c Ell_ OlolOlt sa: OF_ 0_
T.l>I CO.. plcUdby I a _ ........ _.orlnllllWMfl~
TlllD."-"O....... _tlI< vl~d.,u ~rW.7t Paclllc IlIDIIgago Conauhanls
Ot_1ato IIlIeMevI 700 ....Jkspur ....ndlllll CItd. '171
I JlV'I .... ,.......Yv\...-=,t1 ~ •.;1".0"(
0 .....
IilITalaphona
0_1lI
31o-~53S3
IlOna _ ...... IllA_- Ladlspur. CA 94939
1PI1J88.57U193
IJ'J 310049&4251
.'.'11
Co!IX
,."" It WD4
llMtI ......pl'3J.. O1J!lc
Computer Generatedl'.ga3 01.
Hcmdwritten 1003
Notice #3
Exhibils Volume B
B-168
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 30 of 35
Case :08-cv-0155l AP-CW Document 40 Filed OL. /2008 Page 44 of 50
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 EXHIBITB
28
-42-
Notice #3
Exhibits Volume B
B-169
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 31 of 35
Case 2:08-CV-015~,... &ft1~es~H6irlt>q.nJfdP~8~~..JJf008 Page 45 of 50
ThI5 appllcallon Is designed 10 be completed by Ihe apPllcanl(B) with tile Lender's asslslance. ApplIcants should complete this form as -Borrower" or 'Co-Borrower" es
app/JcabIB. Co·Borrower Informallon musl also be provided (and lhe IlJlllfOpriale boK dled<ed) when Dlhe income ... aBsels 01 a person ollter Ihsn !he 'Borro.:er"
0
(IncIudlng lIIe Borrow"'s spouse) will be used as a basis for loan qua511ca11on ... !he Income or assets or Ihs Borrowets spouse wilt not be used aB a basis for loan
qualllk:alJ.... but hls or her Hablilles must be cM.ldered because the Borrower r.sldesln a CMlmunlly property slete,lhe S8l:UtiIy propefly Is Iocaled In a C/lII1Il1Unlly
JlIllPerly slale. or the Bomlwer Is relyJI1lI on other property 'cealed Ina camlllulllly propeI1y stala as a basla lor repayment 01 tho loen.
, . . . " . .! L TYPE OF MORTGAGE AND TERMS OF. LOAN"S. "': '"<
MortgBge
Applltd for:
8 VA
FHA
OJiler (explain): Agency Case Number lender Case Number
Amounl
$ 171,800
ToIaICa+b)
$ $ $
Complafa fMs Nne If fhls Is • retir>Mlce le.n.
Year Original Co,I Amount Exlsllng Liens PUfllOSe of R.rlll""ce Deacr1bB !mprOll<lmenls 0 made 010 be made
Acquired
Cosl:$
TIlle wiN be hel In wbal Name(s) Nlvle Samaan Manner In which tille wlU be held
An Unmarried Woman
Soutce olOown Payment, SeWement Charges and/or SUbordinate Financing (eWllIa/n)
Chocking/SavIng.
.1 ...... ••••
'. ilL BORROWER INFORMATION . ' ,Co-r:iorrower. .;
Co·Boo_s Name (Include Jr. or eppllal Ie)Sr."
VIS. School
"/,,, . ,.", t' " ' , ' Borrower .1"; .• ,IV:EMPLOYMENTINFORMATION :·:r 1:- .• " '~i .•1' Co'
Nem. & Addr.ss of Employer [i) Self Employed Vr•. on Ihls/ob Name & Address 01 Employer
4yr(sl
Spellbound Enterprise, Inc.
Vra. employed In Ihls Y'rB.1l)JIpIoyed IhIs
133 S. Peck Drive, Suite 104 Dne 01 Work!prolesslon One 01 worklprofesslon
Beverly Hills. CA 90212
20
PoslllonfTlllelType.oI BU5Iness Business Phone (nc!. area code) PoslUonITlllefType 01 Business Business Phone (lBel area codel
President 323·656·6654
N empfoyed In curront pe.,Uon ter lou !hen two ye.,. or If curronlly employed In more then one peslf1en, comple'e thelollowlng:
Nama & Addr..s 01 Employer o
Self Employed Oates lfrom·lo) Name & Address of Employer o
Sell Employed Dales (Itom-lo)
-
Monthly Income MonII1Iy Ineoma
$ S
PosIlIonfTIllelfype 01 Business rUslness Phone (Incl. are. code) PosiIloftfTlUe/Type el Business ruslnesS Phone Oncl. area code)
Name & Address 01 Employer o Sell Employed Dales (Irom-Io) Name & Addres. 01 Employer OSellEmpfoyed DaleS (from-to)
Fr_MacFonns5 DIJU4
Computer Ge&tel'Oi·~td_.
FOMle Moe FDnn 1003 D1JU4
Calyx FDPm 'OM Lo-n.:spp1.frm OtlO-l or.
"'fonclwl'ittl2t1 100~
NotigUQ
Exhibits Volume B
B-170
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 32 of 35
Case 2'08-cv-0155\ Document 40 Filed OL ,'2008 Page 46 of 50
MONTiII.... INcoMe AND COMBINED HOUSiNG EXPENSE INFdRMAnoN' ' ~ T. .. ,: . ... ·l
'"
I v. ',Co',
.'
"
Olscrlb. Oilier Incomo Nollce: Alimony. child support. or lOPI"'. mllnllnan.. Incoml ne.d not be reue.'.d It 1110
Borrower IB) or Co-llorrowor Ie) does.not choOS.lo hI" It conlldlrld lor 'Ipaylno 11110 loon.
Fumltur. 150,000 Job Related Expensolchlld cere. union dUel!. ole·1 $ I, /, J' .
.-.!-
100,000 ,.f
JewellY
., ./
",·i.;'
t r
Totals $ $ $ S $ $
LIsI any addlllonel name. under whlc:h credit luis p,••lous/y been ,oc:elvod and Indleete aPi"o Prl all. creditor namejs) and account numbe,!.).
Allemate Nama Credllor Name Accounl Number
Freddlo Mac Form e5 011114 Compute...•~ller(!t~d Fannie Mas Fllfm 1003 01104
Cat,oxForm 1003 Lo8IlJlpp3"rm 011114 HandlJlfl'i....hm 100~Pago 3 014
Notice #3
Exhibits Volume' 8
8-172
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 34 of 35
Case :08-cv-0155~ "P-CW Document 40 Filed Ol, ,12008 Page 48 of 50
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 EXHIBITC
28 -46-
Notice #3
Exhibits Volume B
B-173
Case 05-90374 Document 260-4 Filed in TXSB on 05/08/09 Page 35 of 35
Case 2:08-cv-0155l '.p-cw Document 40 Filed OL, ,2008 Page 49 of 50
. 0°:
-,'
..
.~
-'.: :
, ~-'.~:':'"'".;
.:-.--;'........ '-:-----::-----'...;......---:-"-_..,...-----,._.......:.--.....-
- --" .....-:':.:.~.~ .. : .
...1.:!.. . -:'.:'~:':~:/ :/
.---.:::;;.;':;5·~1-:::::::::;~::;;-t~;;~f;:.~I.:._·.·-------'--..:...---------~-:.----F--
..
.' .~
Notice #3
Exhibits Volume B
B-174
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 1 of 35
Case :08-cv-0155l ·.p-CW Document 40 Filed 04 .2008 Page 50 of 50
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 EXHIBITD
28
-48-
Notice #3
Exhibits Volume B
B-175
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 2 of 35
Case 2:08-cv-0155C ;p-cw Document 40-
Hi Maria.
Here is the suspe:lse issuedb:y Countrywide. A9~illi we j.~st need a st:atemer:.t or
9 uide .line showins-that the FUll:y Exetutedpurchase Agreement is requirEld by
COI.mtryw'iqe for FinaJ., Loal;., 1\.PPl:ov a l.
Thank 1'011.
\
\
-49-
Notice #3
Exhibits Volume 8
8-176
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 3 of 35
Case 2:08-cv-0155(
IllartI'lN .. .. M.•·6.~b
Ilii
.S,.SOO
.. ChPOO, ' .·,
,rJ·.·.ll
,. '·:..
. .'.·.·
. -.
-~"';-~..",~-.~ -·,-·,...,-,-,-·~ri~~·i.'I'6$~'!l1S.' 1... "._ ...
p \i'l)J;. .tlil....J; Q<lii.~ 1;6· b",,:i:.';U)c.oJ<l9~ ,.fe..",
(hrtl,.~.Hl~5!1¢~j
(PIig" t C)f2;tO/~.$(2.O'O~j;O,H,$'t)
~~~~1ETTSl'\\U)
II, i'l
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II
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,
I
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"
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, I Iii! I
I
I,
!
-50-
","······'.'·····.·.·.·.···
. ,
Notice #3
Exhibits Volume B
B-177
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 4 of 35
Case 2:08-cv-0155( .P-cw Documenf 40~2 Ie \. ~6e36i'50
.~._. -:;;S~:.:.:.:·
:::'."~"':.lI:..~IU~·:;V.;r&::.·· -'
j:lo'\¢i.tM~~lIo/¢~nt
..
Ill;IX~.~1:IOlI ~~.-
"'~J.•••f~~:~~i:J~ liItly bU,:i:n••• ·,tq:·'41l ,rwve:r ••' JiB (1\"" '1;~,:37 sp
" L':A~ , .
• Notice #3
• •••
Exhibits Volume B
B-178
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 5 of 35
Case 2:08-cv-0155l
"Moe,Kesbijvatd- T ' . .d
<~$havarzl@$hepP~rdmUIIU @
~
mana_m aurin. countrywide.com
'
.:-.~- .......•..............
.. ......• ..
ihJ::om>, cc
",.- .
•... 11106I200603:22Ptvt bet
Subject ~ letter
Maria,
npblfy -the B~q!'!:~ :by ~eplyu~~iiiail ab-d a.eletetbe l'lIessageand any attachments,.
~heppil:rd-, ~llll.tn, a1c:9U::ia:t&: ~tj)n loLl' .
-52-
Notice #3
Exhibits Volume B
B-179
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 6 of 35
Case 2:08-cV-0155t ·P-cw Document 40-2 Fi e \. 7/2008 Page 5 of 56
I
E>EGLAUTJON'()PMARIA McLAURIN
2 l, Maria M~t,,8.llriJ:l) <state and declare,asfoUows:
3
4 1. Lam the bT,lUl.chman~getf(}rtheS1mRafa¢lbranch of Coupttywide
5 Home Loans, Jne" the'branchthatproC3essed Ms..$amaan'slcan (loan Dumber 81737315).
6: Tn orat'QundOetoberH, too~,Countrywides~etl(:ledMs. Sarnaan's loan because
7 C:;e>unttywidehadnot yet reol,il;jved a copy ofthe fUlltexycllted pUfchaseagreement.
8 Atf4c:liedheretoiiS Exhil)lt30 iSilfrue anti eorrecr cPpy of the letter that Countrywide sent
~ .toMs. Sarnaap.'s broker, Victor Parks.
10
1't Jdeclareunder'pefia'l!y'Qfp®ltrYul'lQertM Fa""s ofthe State ofCalifo!I).ia
12. th~tthe, f9regQlng:is .tro.e,and correct
13
14
IS
16:
17-
Nl'$ia. McLaurin \
LS
{.
19
20'
21,
I
2;2'
23
24
25
26
27
28
~53..-1-
• Notice #3
Exhibits Volume B
B-180
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 7 of 35
Case 2:08-cv-0155( ·P-cw Document 40-2 Filed l
@OQ.l
SREPJlffiD MUIJL1N
-----------
3Hrpc.:.~rJ}:UI.U\J i:1C'HIJ 1\ ~. t1N':Fi ON ~t.~
46th Floor/ 333;SoLithHope Sfreell.l.DaArlll~",.CA900i1.144B
2130620+178O,~ I~'~'~frz/( IWWrN',"iihf:pPll"l1lt1Uihn.com
,'i1otaltrumbol"n'fpage&: Jfall1Y:~~".~.n9t~tP-y~.~lCllSQl;a11
, .(m¢]Itdi1!tl~paBeCOvl:t&betlt) Pavid'Z;~oft!at.;Z:la.62O:.1!780f Ext.4Sa7
;.
".6:'"
~ F~ileNbs
~~~~ur:in tg19~,'
~ ,.
irt2iio'5'a9w
Ft&m:' M()8K.eshav.mi
Re:Stq:til.llW,Y·~
• Notice #3
Exhibits Volume B
B-181
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 8 of 35
Case 2:08-cv-0155G p-cw Document 40-2 Filed \ '/2008 Page {olBa
..........
i~~.h OOQ(1~;~
1":i41f1:1~.~~ 1;10
~~; ~~.f'Ol ~tI'1loiJ8;
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tlOOl\lI~1i'.'i'1·!7~S haO .},i!.,. ",,~"'<Od ',h; lOhefo:tlll"in.lvn6"lM ~/)., ~ S~l
~,. .....
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~'Il.i»l.It·b#jj'~~'~$j;>.~lIii~l.~l:'iu.hll._J;~i·u.~o~~.n~& 'p~~d;. 1Ie.Ji!qs~~~
i:.lIta u.:0t:mauaii h1'11112$<j;~(i04.tt_.di:> !If':\; t".~t .." S;tj>;ir ~,.a,:.'" 'ifoi. '~'. il+(i.~. ~F.f"J. ..
~or .i~.Uft~=O; ~..... ~iYe tiM !J,.!Ol:l!lbCi:ior., 1"Cl(il:(i;~iW ~h" .cL~ ~r:;!lii;I;;!1~
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."...,.J:>ol;A:h....,~
.x ", .
Notice #3
Exhibits Volume B
B-182
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 9 of 35
Case 2:08-cv-0155C p-cw Doci.JrTlent ,/2688 page 601 90
11106/2~06 12:$$ I~~~ -
PAt _..
21~8:3~21)/1.'J.
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'7 U'~I:¢lI ~~p~.t.>:~~~
'!>~~ i'\.l~o<l!t;\~~.\.~~.ot.~l:.~ ~<>.
;8 1J,~~~~lt!l11cT.nl' llfI,¢O:~. ~ $JJt,-"1Ib ~
, BI!Z.IlC C~"l1l'·~~·.~
oo»""." a" ii:l.»•.., "1",!, ~ '\t1'pnao "F""'i.<':oo ""tee
1.6 t'ilc:CttI;;~~s~:r0llli>.!.a'185'-01
~~ ••~$:~~~Id~ i1~~il.·~te."·t~~ ...",, b....... .t.n ..........
. ---,---~-....
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'~iit~~~~~~l re""~,,.4.'
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~~~ l!;1l'~.f,t>~&~.~~""~!i<~J.#'~"-;-.~"7(~1'ia""~t2
rn-,l,IlJl'··li '~;jI~'r~~i~~~.l;P!l
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-56-
Notice #3
Exhibits Volume B
B-183
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 10 of 35
Case 2:08-cv-0155( ;p~cW Document 40- mooR PageY6i56
~QJuntJ:vwidee
75n:.Undaro
$uile11l:l
San Rafae', CA 94g01
· · ".· · .· · ·'·.·.'·.·.·
Fax ..
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-57-
Notice #3
Exhibits Volume B
B-184
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 11 of 35
?-'tw Document 40~2 Fied 112008 pagel6orBO
.Case 2:08-cv-01550
(415) 251.2700
(415) 259.. oB.6cn'.... x
November 6. 2006
Victo!'parks
Pacf:6c M()rt~a;e Consultants
Re: Nivie'Samaan
toa»:brwnl:>er 311J73''l5'
Pitopettyal19,teSS{ 320$ P¢Ck Pt
'Beverly'Hills,CA 90212
Mr..Parks,
This is to confirm tbatG(juntrYWidel'JQtJ,leLoan$pro.~l;$Seqtbe ab~v~ d;f~(?rlged
tnortgageapplicationonor around October 14~20t>4. The lo~was~uspen4~ pen!iU~g
~J>toJa cqpy ot:ft!.eftiHy eX~!1t~pm"cl1as~~ee~ent.~ch~lsacopy aCtbe
letterissued by COUnttyW1deHome Loap.s. '
':E4~'X(hh
f}~ f1rf~)f~
Maria MeLautin
'l3r$leh Mapaget
-58-
Notice #3
Exhibits Volume B
B-185
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 12 of 35
-Case 2"OB-C\l-01550 ?-Cw Document 40-2 FiledC page'llol56
_~ ....~~"'!""'!~_~~--...:--iO
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r~5,..n~ ~.u'l'on.t.''''~I1~'a" .. ~~~, tv~ "",~"1,OiI!i",l.f.1I
.11 condll>fon:o,·.tl\' tr1pU0i>4it"
»,..l#IIl1'M."I>a, co.....""..d to"'ho".,so_ to ~....tj>t'1,lj~",,~1i"io."""
""..~1On.!"""~·
'li~~i:~1ftill.',.".".~.iit~.pu .."h_.. 00""''''''''_ ..orow ·Uiot~t;<>!I.'
.vtii oIl'\<l'~'" 1i\>.i:J.""'1:lo
'~I;~1~.J~r003 f1ri'~-U-MTS)
$
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-59- 'I"
Notice #3
\
Exhibits Volume B
B-186
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 13 of 35
n26~' Page i26fBO . .1
P-cW Document 40-2
iIe "lll ~.1ite ~o tUlld .)'OUr 1 ...... >Ill.... ~b._ t~U"Vi~ ""6di"L"n~.r ..... ~ ltll... Lt""",,,iual"O "'PIl"..1lt
0I'l your eloldlll" i tXiJd: lo". , ,
·7 ~1'I'RJ9Jl~I'~'J()~~i ~·W~.r:
:Pk~4.:i3~\~~.~, ,.~,;:;~~~~:~_~~' .~.t -~t~~~,.fbo·t_O_$
";.
~.~ ~r.;(11{Y.Of f'l~,~~e:i! ~
c."ri:~.~:!'~~~~'l:"!~fui'''t $1718.110 .1'to..~de '1Otl:
n....Ii.l"'u tOll: nil:llniliunv)'OU% 10.... t:b cou,,~:ld,. """""t¢ll·"I'll>Gl• ..-J._ ~rid"1;1 It.sil1.~ly epP,,,• .,ht,,
y.....-h,i:rlne.,. .
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Cc>n;Ut'ioll·'llOijl>/_~t:··
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?.....:l;1Y",~~k;¥~:pQ~lt'W ~,.lll:"'Ii>1'1 0-01>#. ~t~d
"~vt:4",Il~'~IlJ;\!!'i!".~'J~p~, rt"Ql.'iI;~~1;,~~r YfjoU;y1J!ij :(n"'01 l:'.. ~ 2
Y~ ·l'Rt~·~"lJ_,A<i~f''''']:il;~·~ <19<;41;oWll
!!IT l>~ ~~!"!\ >;.(ll!1-t~1I.11tllP:(\N<711:tl@:1>'11'2"'t ~1'8lilc
A~,,;op;a~,~~X.1rj9j>i:"<f<I!it. r...i4.." .... %'\>q·4l~j: 2nd
-60-
Notice #3
Exhibits Volume B
B-187
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 14 of 35
Case 2:08-cv-01550 .?-CW Document 40-2 Filed C ! 12008 Page 13 of 50
2
3
4
5
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8
9
10
11
12
13
14
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23
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26
27 EXHIBITE
28 -61-
e~dl1c~rr~3~ef:M;i!f1j.lil)ril\JJic •. '
1Il~ 1..;>f.~;~\Ai!'llin:;'(;I~f~;X;;l~ ?i7~:Lluli~pil;,qA .~93J1
::>RSL!l>:n";;~~.I?J1M8:<.'i!l<pl",,""~Jli7
har,.
#12
-62-
Notice #3
Exhibits Volume B
B-189
I
__..-_ ....__
._..Case 05-90374
..- ... _._ ... _._,- Document
... ~. ,-_. 260-5 Filed in TXSB on 05/08/09 Page 16 of 35
/
Case 2:08 e~' 0165G P-GW- D6Cllment 40-2 Filed C //2008 Page 15 o~ 50
p.e
PIM:JH"~"ftJ!U:W(:!I" ...I~"nts.Jnc
7:m 4NC~'Jr:,~i~.4'f~le,S~h;·2"13, ':_~~....~¢"iJA 1)49:1.'
oft.: U:p,.'.J,:.9:"7$4~2t!:i.pi>l:o"'l <lfOC1
(d}'I1l!!;JiJI(lhi;';,Mii,i;:Mk"..I~·~'~:Qri}limzjl~
'!iJif!t~tftJ~i:'~IY1iiJi)ll;'.i.·riiij/i#iI'"
rff(JMdngIMik",.ilft",ItId.Ji!<' "J1i,;"..... ,*h~"P;"4th·'~{.Aii
, ,.~:~ 1":.,,,t"'H~·t!lllir(O. ~ • :',_ '., :.t!ii'~:'lJ!I!~~".f/~~~~Jrt!I,7T~
"" ' - _ - ' lOllI. W4 _"i<"""""""i "Mtirt!lttxt.QrlJ"tr"II/11f., lit~~iu,.ltJ~
;WiiillJJ,i>iIll~''':fJi'(IJIi.trJbip.
I" ~n""4(';;"'wJifI'iIiIM"I>IfJt,,~/_
• •• UVH',,~1I:"141' ."NJ
1UI1'~CJ·"hIU"i'Il~HI •.
i~j.,rt.(nnJ""('lnt:uX"';'~NI:1*!11i w/~«i~~~
" . , .....,...' ,)."l",,,~,,,,,u'.i'IJIUI'IqItJ/"'''''!-'''''''''~~¥JribtdiJi''''Jirl1d,'!I'/JI·IJJtkJlJ!t'i'
iN-:..;"~""I" Rtf: ~1:lIntl,rlll1ntff.K(llJlWnJ~'I1J1'! krtt.·I".L1.flrll'l'~tt rrr,·/tridIdmit'IiI'i1IJdOl,,'ffl, '(j;"rmarll'/~
#13
-63-
Notice #3
Exhibits Volume B
t
B-190
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 17 of 35
Case 2:08-cv-01550 p-cw Document 40-2 Filed L 1/2008 Page 16 of 50
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
EXIDBITF
28 -64-
co
f tidme .WFla~aper5on If Address ~ciok If DrillingOlrectlons lr BuslnllssGuldes llat;.Guldes /I Ufe.Evem. 11 shopprng"Guldes 1
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Spellbound enterprise ID~
1217 S Alfred S" Los AngolOll, CA 800311 - ~ (323) 655·5654
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Notice #3
Exhibits Volume B
B-192
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 19 of 35
Case 2:08-cv-01550· t'-CW Document 40-2 Filed C J12008 Page 18 of 50
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
EXHIBITG
28 -66-
'I.
Loun ~
MO!lQ!Rt.lnformaUoJi
Amorti:uUon Typo Loan PurpDSO
Dlaleholcl
LJonPoslllon
fiIlConvtnOonlr DFlJced.Role-Mon1lllyP8YJll'll\i5 fiIlPun:l10511 fiIlFniMorl_
DFHA OFilltd-Rolo-8lweokly Payn\enls OC85MloA Rrinanco Am..... 0/ S1lI>cIRlInIla F"lOIIlCOlg
ow. DB...... Ol.Jmlled Cesh-OuI Ralinonce (Fannie) s 11[1'4D
OUSDNRHS faARtol(lyJ>e) ...S~Y. .r,-,I.IO",-
.. _ ON<> Cash-Ou\ Rer_ IF-)
OOlhor(apor:ily) _ (11IlElOc.lni:t.ola bll!ance"" '''''1Il1inll)
OHlllIlItl/llpnl""manl OSotondt.lMgo;a
Oeon_lo Peomllllelll
No~ Informa"on MoTtgogo Orlglnlllll, BUl'dl>Wtl " SeCOfld MORgago
OriglnaILotnAmounl S 1,374,400 DSeler Dves Ov.mr oIA1$1 MarI,I;'
.!S_~6~,2~9!.i!9~.3~3t..
lnIiol P&I P/l'Jnlon'
""'11I1 NOIe Ralo S,SOO 'll o1i1I~'er
ConesPondelll Terms
faNo
_
DFlIlnleMu
o SdorJOlher
OFllIddliMac:
r.==~ q~t'
~
1.0
10
Borrower Funds Ie> Clo.. I" ' "
R..... kod
RIsk Auesarnelll VedIladAssols
E1IMom1alUIldIlWllllnll saun:e.. F _
OAUS
Oou OLP OOlhar -'---_ _ 1Io. .. _Roo......
AUS_"ndallan 1nI!_ PIllY contrlb1IIOrIl
DU Cut IlLI.P AUS Ko,ll
LP Doc CIus lI'18dd1e) Community LondlnglAff......blo Housing InHqII.,. Dyes E2lNl>
RepJl!SlntallYo CIlldW1lldl_ S.......,723"""'--_ Horn. Buy.lSJIlornollWnorshlp Eel_lion Celtlllcota In m. DVes E1I NIl
minis
Bor/Co-B: nCO·'127 W''121
Notice #3
Exhibits Volume B
B-194
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 21 of 35
Case 2:08-cv-01550i ?-CW Document 40-2 Filed (, lI2008 Page 20 of 50
"
.....
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.
. '
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-687
:
Notice #3
Exhibits Volume B
B-195
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 22 of 35
Case 2:08-cv-01550 p-cw Document 40-2 Filed C 1/2008 Page 21 of 50
==----
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fTCClttdc: fTCQ=:
DOC _
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Rev.8IBJ03
- I
Notice #3
Exhibits Volume B
B-196
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 23 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed G 1/2008 Page 22 of 50
Notice #3
Exhibits Volume B
B-197
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 24 of 35
Case 2:08-cv-01550 p-cw Document 40-2 Filed 0 :12008 Page 23 of 50
oat.'
'",riIGnts~
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Notice #3
Exhibits Volume B
B-198
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 25 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed C 1/2008 Page 24 of 50
LOAN APPLICAnON
DISCLOSURE ACKNOWLEDGMENTS
-72-
--·OBt73737.&DD~DD2Da23·
Notice #3
Exhibits Volume B
B-199
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 26 of 35
Case 2:08-cv-01550' ?-CW Document 40-2 FiledC 1/2008 Page 25 of 50
0.00
ConvonllOlllll pMIIFIfA Up-...nt MlPNA FImdlIIg Fao
1luaJd1n......... P'.mIum
PaklCashS
FInan""'$ ====
llO4 $ D... Flood X,"Nnnco ,mot...
905 $
_IMIno.. __
11000 RESElIVES DEPOS!TED1!'!!TH LENDER
1001
l00! $$ 0,00
0.00 MoIIgogo ...._ o_MDDllla@ S
__O_Mon""lP $ ~~~O~'O~OE
0.00 Irn",,"
Imanlh
1003 S 0.00 TUGS --l!LMDD"'(!II$ 1,'''.67 ImollIh
100' 8 •• 00 TuM _ _R_NooII'@SO.OO/mcnlh
1005 S o. o. TIlXaa __ a Months It S O.D. bnanlh
1001 $ 0.00 FIoodIns_ __o_t.Ionlho(t $ o.orr llIIonIh
1007 S 0.00 AlIg1llg11/al\llalyallt\djustmol(
1110D 1l1U! CHARGES
1101 8 1.250.00 QlIslng or Eoc1ow Foe
1102 8 0.00 Abtlrzd ot'lltla S8IIIch
1103 $ 0.00 lila EumIrutIfo.
1104 $ 0,00 "lolnl\llMCDlIIPde,
1105 $ 100.00 Ilol:umanIPI8panollon
~IlOlnOlllAgOni
110D S 125.00
1107 $ O.OD
1108 $ 3,7".00 '11lJeln$ll/OI1Co
1109 $ 30 ••0 tmlrtor/£xprfJlD tAU-ClDng'
1110 S
1111 S
1121!O G9\lE1!NMEH! RI5CORIlING & TRANSl'ER C!tARq§s
12111 S 100.00 RoconlIngI'ooo
1202 $ 0 .00 CIIy/Cooxdr TulStampa
12113 $ o.M SIatl>TlIll/SIamllS
Il!04 $ 0.66
11308 ADOInONALSmLEMENT CHARGES
1301 $ 0 ••0 SuIVB't
1302 S 0,00 Pasllilapedlon
13113 S 0.06 lieU lnd Septie ~.nk Inspection rea
1304 S .,00
$ 2', lO'. •• TOTAL ESllMATED BORROWER SETT\.EIIIENT CIINIGES
"S' _loon l..... doJllll\1llDlO Ilamlo be pddbySallorINollndlldad In ~1D1aI).
·POC-L·oOJClID IlII U.... desIgoales a - ' PIlId by'" lJIndor (Nal /IlcWad In lhIIloIaI).
"POG-Il' .mlD Ill""" dI,lgoalu a cosl pald by III !lDIIowM ~ In IIIIDta1).
"1JlIIdot I8qlIJIas 11m ulOof a partbllar pIO\lder lorlllls setIlamonI.omca. S.. Bllacbed lot I\lfdIIloUIlnlOnnaUon.
fIWIINCONV
-!..~~~':':'"
.--,..., "7'l a12
-!"DOIr
----
III
·199111·
-
37375JlOlll102C410'
Notice #3
Exhibits Volume B
B-200
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 27 of 35
Case 2:08-cv-01550 p-cw Document 40-2 Filed (, 1/2008 Page 26 of 50
'TIl... eslllIlI>I.s of closlng COst!loro pn>1Ildecl p1IISllOllllo 1lIa _ Estate Spltlemenl PIoced_ Act (RESPA)." your , _ applcaUOD ~
1ot.1JIst lien """"tnllal Dlllltpge 8nc1b IlI8lIt hi. _Uon 10 p - ' - ' bolllf. tdlI\tIoMl-,-IIl 1nIo_ _ .... to..... In the
HllDSpecltllnl_ Booklet pnI1/hItd loyau by your 1000der orlllllllgtll" bro,,".
Rese:rves deposited witll lender may not include a proration of taxea due seller or a
credit due from seller at closing. For proration calculations please conault your closing
agent.
DIIe AJlPIIcanI
-74-
flWYNCONII
elloodl'lllll_
2C410US/OSol)l)
Notice #3
Exhibits Volume B
B-201
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 28 of 35
Case 2:08-cv-01550 p-cw Document 40-2 Filed (, 1/2008 Page 27 of 50
"
• •
America's Wholesall Lender,lI5B1f or as agent
tor Countrywide Bank, a Division of Treasury
Bank, N.A.
Ilnn'" It OOOO~JJ
DATE: 10/13/2004 750 LIllIWIO S7lW!7 Sf!: 110
BORROWER: NIVIE s.1IW.AN lW' lIlIl'l\IIL, elL ,nD1
CASE I: PboDOl 1415)2"-2701
LOAN#: 81737375 a. Pax No.: IU5t2S9-0eU
PROPERlY ADDRESS: 320 S PECK DR
BEVERL~ HILLS, CA 90212-3715
You havelbe rlglltlo lJeely telBClllle persoll or olllanJza1lon rellderng lnswance services (as all agell!,'broil/if or underwriter),
except Inslll'llnee or a guarantee provtded by a government agency or prlllala mortgage Insurance.
We do not require lIIat any partlcuPar provider or alfilaled group of providers be used to flIOVlde legal service, Vile exemIllaI!on
servlcea, tiIIe Insurance polJllles, or selllllmellt services. HlIWIlVer, we do insist thalllle pr<Wlder you select be approved by us.
Our des~e Is 10 ensure thallll1Y ))IOIIlde1$ of these senIIces are reputllble, knowledgable and possess tha fIIlanc:tal strength 10
support llIIY olalm agelnslthll til/e 10 PIll/>8rIY you are ollarlng lIS SBaJrlly for litis loan.
We ere IIlIllIaled wllh landSale nle, a provider or tille lnsunmC8 and DIos)Jg servk;es. Underfed.rat h1w. WlI may not require
you III use 1Ile services of Il.s alI1ltaIed companies. You are lree ID selllet the seivlce provlcler thai best sulla yDur /ll!ads.
It Is lmpDrtanl1hat We Insunmce and seWement services be conipleled In a timely manner. Acoordl"llly, as $OOn 8Il you have
slgnee! a pulChaSB agreement or have completed a mor!ge!l8 loan "PPllcation. you should c:ltoosa a Ilde 1n&UJer ane! DIoser.
Plena usethll allachee! form 10 designate your IilIe Insurar and closer. so that IVB mayVBflly IIPprDvai.
-75-
III
'23811'
_II
'081737375000002C807'
Notice #3
Exhibits Volume B
B-202
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 29 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed G //2008 Page 28 of 50
• •
Amertca's WhDlIisaIe Lender,ltseIf or as agent
for Countrywide Benk. a DivIsion of Treasury
Bank, N.A.
DATE: 10/13/2004 Bnn<:l> . , 0000"3
BORROWER: NIVIE SAHlIAN '50 LDlllAltD 871\1!£T n£ uo
!WI JUnIlL. CA 'U01
CASE#: !'hDne, 1415125l-2'01
LOAN': 81737375 e. r... 110.' 1415175!l-0866
PROPERlY ADDRESS: 320 S PECK DR
BEVERLY HILLS, CA 90212-3715
eecause you are applying for a mortgage loan covered by IIle Real Estale 8etlIement Procedures Act (RESPA) (12
U. S. C. Section 2601 et seq.), you have certaln rights under that Federal law. This slalement tells you about IIIose
rights. It also teBs you what IIle chances are IlJiItlhe servicing for this loan may be transferred to a dllferent loan
selVlcer. °SeJVlclng" refers 10 collecting vourprlnclpal, Illlerest and escrow accounl payments, 1/ any. If yoIII' loan
servlcer changes, lhere are cortaln procedures that musl be folGwed. this statement generauy explains those
procedures.
"tile servicing Of your Loan is assigned, sold, or translerred 10 a new servlcer, you must be given wrilten' notice of
d1al IIDIlsrer. The presem lOlIIl selYteer IIlU$l seoo you IlOllCe Ul WIlong 01 IRe llSslgnmem, SlII8 or rransrer or U1&
servicing not less than 15 days beJorllthe effective date of the transflll'. The new loan servlcl!r must also send you
notice withln 15 days alter the eIf8Illive date of the lrarlsler. The present servlcor and the new servlcer mllY combine
this 1nI0llllalion In l»19 noIIce, so long as the noUC9 Is sent 10 you 15 days before lIJe effective dale of the 1ransfer.
The 16 day period Is not app50able If a notlce of pmspeolive transfer Is pI'Ovlded 10 you at seltlement. The law allows
a 119111}' In the time (not mom than 30 days after a transfer) for servlcers to nolily you upon the occurrence 01 certain
business emergencies.
Nellces must conlain celtlin Information. They must contain the eIIeCllvIl date of the lril/lSler of IIle servlcin(J of your
loan to the new eervlcer, the name. address, end IOII·fl'8ll or codeel caD telephone I1Jmber of the new servlcer, and
tol.free or colleot oaB telephone numbera 01 a person or dllpeltmenl for botll your present servlcer and your I\IlW
servk:er to answer your quesU0n9. During the 60-elay perod following the efleetlve dale of the transfer of the loan
servicing, II. Ioen payment received by your old selllicer before lls due date may not btl traIlled by the new loan
servlcer lIS late. and aIatu fee may not be Imposed on you.
COMPLAINT RESOLUTION
Section 6 of RESPA (12 U.s.a. Section 2605) gives you certain consumer 1ig1lts, Whether or not your loan serv/clng
Is transfeIred. If you send a °qualllled WIillen raquest" to your selVlcer, your servlcer must provide you with a written
adulowledgment within 20 buslnBSS days or receipt of your request. A "qualllisd wrilten request" Is a wrllten
correspondence, other than notice on a payment coupon or other payment med/llm supplied by thll servloer, whlch
includes your name and IICCOUnt I1Jmber, and the informallon regarding your requesL Not later than 60 business
days BIter rec&1YI11g your requll8t. your servlcer IIlU8l make any appropllBle COrrectfClll8 to your account, or must
provide you with a written cIarifIcaIIon regardlng any dlspute. During this GO-business day period, your servlcer may
not provide InlDnnaUon to a consumer reporting agency Cllncem!ng any overtlue payment ralBled to such period or
qualiIIlld wn1ten request. Our address for tpJaIfIed written requests Is:
Loan Sen1lc1ng center, Attn: Customer Service SVB-314, P.O. Boll 5170 , Simi Valley, CA 93082·5170
A Buslneaa Day Is any day In whlch the offices of the business entity arB open to the public for cerrying on
sUbslanlially all of lis business funcllons.
Atm_
• SoMdnlIT....'lllodal..._
2OIt7.\1S C07llXllldl P0801012
-76-
III
·23981·
--·0117373710000020187'
Notice #3
Exhibits Volume B
B-203
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 30 of 35
Case 2:08-cv-01550 p-cw Document 40-2 Filed L //2008 Page 29 of 50
•
SERVICING TRANSFER ESTIMATES BY LENDER
• LOAN 9: 91737375
2. For aD lila first lien mortgage loans that we make In Ih& 12-montll perloll after your mortgage loan Is fundlld. we
esllmale lIlat the percentage of such loans for which we wm Iransfer seMclng Is between:
This 16 only our besl esUma1e and It is not bInlIIr1{J. BusIness condRlons or otI1er tIrcIlmslances may affect our
future transferring decisions.
lJWe have read Ihls dIsclosure form, and undelBtand lis conlDnlll, as evidenced by my/our slgnature{s) below. l/we
undetsland tha/1I1Js acknowledgment Is a required PBIt of the lIlOJlgage loan appllcaUon.
-77-
Notice #3
Exhibits Volume B
B-204
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 31 of 35
Case 2:08-cv-01550' )-CW Document 40-2 Filed G //2008 Page 30 of 50
.•
TRUTHIN LENDING DISCLOSURE STA "JIllENT PIIIpatodbr-GeIW.DINGIWW./
(THIS IS NEITHER A CONTRACT NOR A COMMITMENT TO LSND)
LENDER:AmeriCil's \iIl)olesale Lender, itself or as agent for
Countrywide Bank, a Division of :treasury Bank, N.A. I!JPIIlIlmlnll/Y
OFlnsl
1199 NO~h Fairfax St. Ste.500 DATE 10/13/2004
Alexandr>.", VA 22314
BORROWERS: NIVIE Sl\KMN LOAN 81731375
CASE NO.
1yPe of Loan CONY tlNINSURED
HC 5/1 LIBR ANI
ADDRESS 1227 1/2 S ALFRED STREBI Interelll:Only
enY STATE/ ZIP LOS ANGSLES, CA 90035
PROPERlY 320 S PECK OR
BEVERLY HILLS, CA 90212-3715
DEMAND FI!ATURI!: [j[J ThIs loan do.. nol have a Demand Fe...... o 'II11s loan hIlS a Demand Fo_ ..10..,.,.:
PROPERTY lHSURANct!l Hazanllnsun>nce,lncludlng BlIDIIlnsUIanco r Iho pmpolly h In .. SPDdat FIoDd HIlzBnI Ma. Is IllqlI1rocI III ~ COIldlIIon of this
101... You IIlDY DblDln tho ....""""' ......1lJaVO f..... 1IIlY I n t _ compllllY IICCOplabIo 10 tho IendlIr. eomp.. dIIIlllls _ ........9Inslm1nco 191I11I,_
wi. ~ JlIDI4ded ptIDr1D lelan doling.
lATe CHARGESI Hyour po!JlIIIlItll> _1IlaJ> 15 days Io\e, Y<lU will ... chlugod Q""" oIwgo '" 5.000,.,oItIIe
Dvonl1Je p3YIIlIIII
_l'MENT,,y/_fMt'''''''_MM~;_
B: Ifj\'l....llnol
nlll
....010 J>iIl' 0 ponally.
be ontlledlo a , _'" pili altho tlnanto chllfll"
SIoyaur CDIllnlcl daClllllonts for allY adlllUOIlIllntQlIIIII1lan Te!lonllng non-poymOllI, dol8llll, requltad rapDyIlWIlln tun bDfolD """"d11lod dille,
IIlld plllpayrnltllrelUnds ••d _lll~
om..... 1ICIIlmIbI
UWollnby ltI:l<nowIoclgel1lOdlng IIlld .ecoMl1g ItCO~ copy of 11I11 dIsclo.oro.
BORIlOWERIllAlE
~1a12
-18-
'23881"
Notice #3
Exhibits Volume B
B-205
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 32 of 35
Case 2:08-cv-01550· ':J-cw Document 40-2 Filed L 1/2008 Page 31 of 50
•
DEFINmON OFTRUTH·JN·LENDING TERMS
• LOaN . ' 81737375
ANNl!AL1'BJtCEN'!'AGB RATE
ThIs IS not the Note rale lor which the borrower applied. l1le Annual PercentalJe Rate (APR) Is lhe cosl of the loan in
pBrcantage terms taking Into account various loan charges of whfcllinlereslis only one such cIlarge. OIhllt aharges
which are used in aBIcUlallon of tile Annual percentage Rate are Privale Mortgage Insurance or FHA MolIgage
Insul'lllll:8 Pnlmlum (when applicable) and Prepaid FInance Charges (loan discount, orlglnatlon feet, pepald Interest
and olllar credit 00$1&). The APR Is calculated 6y sprsadlng tIlese chlllOes over tile Ufe Of the loan wNcit resuI1s in a
ral& hlgller than tile Inlllrest rate &hawn on your MorlgegelOeed of Tills! twle. If Interest was tile only FInance C/large,
then lhelnteresl rate and the Annual Percanlage Rate would be the same.
Prepald Finance Charges lIJ'a certein aharges made In aonneolJon with the loan and whlcb lIlU9l be paid upon the
close of the loan. These challJeS are delined by the Federal ReselVa Board in Regulatfon·Z and tile charges must b9
paid by the borrower only, and nol the seRer If appIlcabla. Non-lnafuslve llll8mp!es of suell cIlargea n: LoaiI
orIglnaHon tee. ·PoInIS" or DIscount, Prlvate Mortgage lnsurancB or FHA Mortgage Insurance, Till! Selvlce Fee. Some
loan oharges are specIIIcally exclUded rrom the Prepaid Finance Charge such as appralsalleas and credit report fees..
Prepeld FInance Charges are totaled and then subtracted from tile loan Amount (the face amount or the Deed of
TRlatlMortgage Note). The nell/gore Is the Amount Financed es 8lCJllained below.
lJNMCE CHARGE
The amount of lnterasl, prepaid finance chalge and certain insurance premiums [If any) which tl» borrower will be
ellpecled to pay aver the (He of the loan.
AMOUNT FINANCED
'rhe Amount FInanced Is the loan amnunt applied lor less the prepaid finance charges. PrapallI tinance eII~rges can
be foImd on the Good Faith EstImate. Far example lithe borrowsr's note Is for $100,000 and tile Prep8kI FlIIance
Charges Iolal $5.000, the Amount Financed would be $95,000. The Amount Flrlanced Is the figure on whkllI tile
Annual Percentage Rate Is based.
TOTAL OFPAYMENTB
ThIs lIgure represenls the total of all payments made IllWaI'd principal, interest end mortgage Insurance (If appllcebJe).
fAnmNr SCBEDDL:E
The dollar figures In !he Payment Schedule represent prlnoJpaI. InIeresI, pm Private Mortgage Insurance ~f
appIIoable). These figures wDl not relIecI wes and Insurance escrows or any temponuy buydown payments
aonbibuled by the seller.
-79-
Notice #3
Exhibits Volume B
B-206
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 33 of 35
Case 2:08-cv-01550' ?-CW Document 40-2 Filed C 1/2008 Page 32 of 50
DATE: 10/13/2004
• Sank,NA
•
America's Wholesale Lender, Itself or as agent
fOl Countlywld,l Bank. a DIvIsion ofTreaswy
8rA.OcIl I: ODOOU3
750I.tNllAilD S7I\E2Y '7£ 1.10
BORROWER: NIVl& S1lMAAN SJIIl 1<AF1lE1o. 0. ~"D1
OASEiJ: Phonel 14151257-:/101
LOAN#: 81737375 ar Fax No.: (415)2U-ODn
PROPERTY ADDRESS: 320 S PECit DR
BEVERLY BILLS, ~ 90212-3715
TOTAL 22,408.00
lJWe hereby acknoWledge reading and recsMng a cornplelDd copy of this dlsclosure.
-
1lIVIr; 5~
-
-SD-
--'0017373750000020120'
Notice #3
Exhibits Volume B
B-207
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 34 of 35
Case 2:08-cv-01550 p-cw Document 40-2 Filed (,
- 1/2008 Page 33 of 50
DATE:
BORROWER:
CD-BORROWER:
10/13/2004
NIVIEl Sl\MAAlI
• AmeriGB'.oIes8le Lender, Itself oras agenl
for CounIJywllte Bank, a DivisIon of Tl8IIsury
Bank,N.A.
Brancl1 ,: 0000'33
750 LtNDllIll> S%JI££% o:re
SAIl IlU'AlIL. l:A !It '01
110
CASE#:
LOAN#: 817313i5
,ben..
a,f
lt151257-2701
PaM )lD.1 rnS)25t-D8'6
PROPERTY ADDRESS: 320 S PBeX DR
BEI1BRL~ BILLS, CA 90212-3715
AMORTIZAnON SCHEDULE
PlIl'P4Y1lI!NTPIUKClPA!.INTERESTBAUHCE PMrPAYUeHrPIIIHCD'AI.1NIZJIBT8A1ANCl! PIlTPAYMl:NTPIIlNCI'A!.INII!AESTBA1ANcE
B·91nnlllg U.374.400.00
Il;>lout.OI 72 1835.n 2501.74 5335.9SU'50n.51 U5 7835.U 5351.23 4fB•• Ull2'SI5.'2
Intor."" Ilau I 5.500t " 7835.61 2511.55 532'.041342509." 147 7835.61 3364." 4471.20I126201.U
1 Ut9.33 0.00 5299.331374400.00 7' 7U5.U 2521.$9 53lt.l0133"1'.37 UI iU5.0 "77.11 IC57.811U2823.S2
2 52".33 0.00 6299.331374400.00 75 7835.n 2531.57 5301.121337455.80 14' 7U5.n 33Pl.1t .....51111'432...
3 529P.33 0.00 529'.33137"00.00 75 7835.19 2511.59 $2'4.101334'15.21 1507835.61 3404.60 .IJl.09IllS027.8.
4 53".33 0.0052".331314400.0'" 7835." 2551.15 5284.'U3323n.5& 1511835.59 3418.0' 4417.511112509.75
5 5U9.33 0.00 5299.33137UOO.00 78 7835.59 :1551.75 5213.'41329801.11 152 1835.n 3431.51 4401.011109178.15
512".33 8.00 62".331319400.00 79 7835.n 2511.89 5253.80132722'.n 153 1835.59 3..5.19 "'0.581105732.91
7 &291.33 0.00 62t9.3313H'00.00 VI 1815.n :U82.07 5253.621324647.85 1St 1855.59 3458.83 4376.811102271.13
8 1299.33 0.00 5.'!99.331374400.0o 81 1835.n 2592.2' 5249.401322055.51 155 1835.1t 3n2.52 4313.171098801.11
• 62".33 0.00 &299.331114400.00 In 7835." 2682.59 52U.lnn'U,.01 lSS 7855." 3415.21 019.421095315.34
18 1289.33 0.00 12".331374fOO.00 83 1835.19 2512.81 5222.83131IUO.15 157 7835.59 3500.07 <'15.6210']81'5.21
11 129'.33 0.00 5299.331374400.80 8. 7815.1t 2523.20 5212.4t1314216.tS 158 7855.19 3513.92 4121.711088301.35
l2 1299.31 O.DO 12".3313'..DO.08 85 1835.1' 26J3.58 5282.111311&85.17 15' lU5." 3521.85 tJ07.8&1084713.52
]312".33 0.00 &2".331314480.00 IS 7835." 21".01 5101.11130883'.35 lSI 7835.19 3541... 1293.'01011231.71
H 62'9." 0.00 5299.331374400.00 81 7855.n 2U'••7 5181.221301284.89 III 7835.65 3555.81 4279.881077175.'2
15 52'8.33 0.00 62".3311144DO.00 85 70».59 21U.,8 517D.71130,.19.81 162 7135." 35&9.19 6215.801074101.83
16 62".33 0.00 62".331374100.00 It 7135." 2575.53 5350.1&1300'44.38 153 78'5." 35U.02 1251.&71070522.01
l' G.:!~'.)3 o.e. ca.~"'.»a.:nt1lDo.. " ~C' 71);):; .. G' aG04.. 11t ZOUD.S71a0D2GD.2:G Gi 703S.GS ,:)5aO.II1, .. ~') ... t:lOGGtN ••O
11 5299.33 0.001299.331174480.00 n 7135.It 25".75 5138.'41295561.51165 7835.1t 351Z.45 4223.241013311.35
15 52".33 0.00 U".33137.400.00 92 1835.59 2707.43 512'.25129285'.08 15i 7135.5' "2S.75 4Z08.UI05"".50
20 62".33 0.00 SZ""31374400.00 93 1115.59 2n8.It 5117.5512"'135.94 117 7135.59 3541.11 UU.58106"4J."
21 IU'.33 0.08 6299.33137.'00.00 PI 7515.0 2728." 5106.191287'01.04 58 "35.n 3555.52 4180.171052387.91
221::99.3' 0.00 62".331371400.80 95 7835.5' :1739.70 5U5.95U8U67.Jt 69 713~.69 3569.99 tl55.'010Ul17.aa
23 5U'.33 0.00 1299.331374400.00 96 7835.S! 2750.55 5085.141281516.78 170 7835.59 3584.51 4151.181lJ.t5033.47
14 52".33 0.00 5199.311374400.00 "'835.19 27&1." 5014.25127'155.35 171 7135.69 "99.10 4l3&.5910U33t.37
2562".33 0.00 6299 • .lJIJ74~00.00 98 7835." 2772.37 50SJ.32U75582.98 172 '835.69 3713.74 4121.951037520.63
2S 1199.33 0.00 1199.331374'00.00 "7835.19 2783.3' 5052.35127359'.11 173 7135.69 3728." 4101.251033892.1'
21 5299.33' 0.00 62".331371400.00pOO 7135.19 Z78f.35 5041.331270805.:21 J174 7135.69 3743.20 4092.491030148.99
28 1299.33 0.00 5299.331374400.001101 7835.U zeOS.f2 5030.111257",.85117' 78lS." 3758.02 4071.671021390.97
2' 1299.33 0.00 &299.33lJ7f'00.00 102 7I15.sa 28lS.52 5019.111215183.3' 175 '835.69 3772.89 40i2.801022518.08
30 52".33 0.00 nn.J3137UOO.DD 183 7835." .2827.57 5008.02126USS.57 117 7835.69 37n.83 4017.81101"30.25
11 12".33 O.OD 62".331314400.00104 7835." 2838.87 4995.821259516.80 178 7135.69 3802.82 4032.871015027.43
52 &2".33 0.08 6289.351171400.0011057135.58 2850.10 4985.5t125J6n.70 "7835.69 31n.87 1017.82101120'."
336299.33 0.80 5299.131174100.00 lOS 7135.58 .2861.38 4574.111:153805.32 UO 7835.69 383.2.99 400.2.101007371.57
54 62".33 0.00 629,.331314400.00(101 11J5.it 2872.71 4962.181250932.51 181 1835." 3148.15 3'''.531003528.43
35 62".31 0.00 5299.331374400.001108 7535." 208'.08 49Sl.SU24B048.53 1112 1835.69 38&3.3' 3972.30 89"55.0Z
31 5295.33 0.00 6299.331374400.00\109 1835." 2895.50 49'0.1'1245153.03 U3 7835.&9 3871.18 3957.01 995186.34
17 62".15 0.00 521,.331374400.80/110 7U6." 2S06.9I .,28.731242215.07 84 7835.S) 3894.04 )tU." 9f1892.30
38 5189.39 0.00 12".33137.400.00 III 7835.89 2nl.47 4917.2.2123"27.50 85 7US.5' 390'.45 9921.2' '87882.15
39 1289.33 0.00 12".331311400.00 12 7835.89 2130.02 U05.n1231397.51 86 7835.69 3'2'.'2 3910.17 181057."
40 6299.33 0.00 5299.331311400.00 13 7U5.59 2'U.62 '89'.071233455.95 87 7135.69 n40.45 38'5.23 980111.47
41 1289.31 0.00 5291.33137f400.00 14 7835.55 2'53.26 4882.131230502.70 188 7835.U 3955.Oi 38".13 875161.41
.2 12".33 0.00 6298.331311400.00 15 7U5.it 2964.15 4B70.7412a7S;I1.7S 189 7835.13 3971.72 31153.97 97211'.59
43 62".33 0.00 5299.331314400.00 11 7815.n 2'75.59 485'.801224561." '0 1835.13 3'87.44 9148.25 ,sa202.25
H 6299.13 0.00 6299.331311100.00 17 7815.U U88.47 4847.221221572." 11 7835.19 t003.22 3132.47 11It199.03
45 11".33 0.00 5299.331374400;00 11 7835.1' 3000.30 4835.391211572.2' 92 1I35.U 4019.01 3116.11 'SOl78.'6
4S 6289.33 0.00 '1».331374400.08 U, 7835.U 3012.17 4823.52Ul5550.12 93 783S.U 40U.98 3800.71 '56144.88
47 12".33 0.00 129'.331314100.88 20 7815.n 102'.10 4111.591212536.02 "'835.61 4050.'5 3714.74 9520'~,03
48 6211.33 0.00 1299.331314401.08 n 7U5.1t 3036.01 "".12120''''.95 IS 7835.61 1016.98 37".71 848027.05
49 62".33 0.00 528'.331374400.00 12 7135.6' 3048." .781.60l2OU51.86 n 7U5.n 4081.08 1752.51 '43'.3.97
50 62".33 0.00 129'.33131.400.00 23 7835.59 30SO.15 4775.S4U03391.71 187 7835.69 f098.25 3136.U 939844.72
51 &289.33 0.00 4299.331374400.00 74 783S.89 3072.21 47U.tJ12003lJ.4S I" 7835," 41U ••7 3720.22 13572'.25
52 6299.33 0.006299.331".400.00 257835.59 3DB4.43 4752.261197.235.0299 7835.61 4331.75 3783.93 931597."
53 1299." 0.00 6299.33137"00.00 225 7115.89 3098.53 4739.811114131.39 00 '135.69 4148.22 un." 121449.37
54 6298.33 0.80 5299.331374400.00 27 'Us.I' 3101.18 1726.1011'102'.50201 1135.69 41&1.54 3571.15 823284.13
55 i299.33 0.00 1299.33137"00.00 128 7831.031:11.20 fl14.1911'''08.)0 02 1835.&9 4111.02 3654.67 '19103.81
sa 1299.33 0.00 5299.33137"OD.00 12' 7835.59 3133.55 flD2.1'118t714.15 203 7835.&9 4117.51 363'.12 914901.24
37 6219.13 0.00 1299.»137"00.00130 1855.S! 3145.?6 "89.131181128.11 204 7835.&9 '21'.19 3521.50 '10&92.05
5. 1299.33 0.00 1299.331311400.08 131 1835.19 3158.11 till.211178418.31 05 7835.59 42.10.87 3501.82 905481.18
59 1295.33 0.00 '299.33137.400.00112 78JS.0 1170.91 4554.7811152"•., 05 7835.U f247.51 3588.08 902.213.57
50 12".33 0.00 12".331374400.00 133 7835.59 3183.46 ..t651.2111'2116.01 207 7835 •. , .UO." 3571.U """.14
Intuoot Rlt. '4. 150t 154 7835.69 319&.01 46".1311689]).95 20. 7835.&9 4281.31 35st.31 19n67.83
61 1135.0 2395.36 5440.33131200'.54 US 1835.69 3201.72 4626.971115711.23 209 7135.&9 '2".2' 3537." 88"".58
52 78)5." 2404.84 5130.851369599.8G 136 1835.&9 3221.42 4'14.271152'89.81 ~~O 7835." 4315.27 3520.42 885054.31
53 7835.&9 2414.35 5121.331367185 ... 137 7835.59 323'.17 45Dl.521159255.S4 211 1815.&9 U32.U 35G3.3. 180721.1&
54 7U5.1t 2.23••1 5411.781364111." 138 1855.11 3245.17 4581.72115500I,S7 12 78)5.59 1348.50 3Ui.l' '75312.45
IS 7835.&9 2433.51 5402.181362328.02139 7835.69 3251.82 4515.871152118.85 ~U 1835." 1311.12 3'50.97 872005.74
IS 78U.n ~4U.14 5JJ2.5511581... 88 140 1835.11 J279~3 4512.)&U49476.12 2It "15.&9 43".00 31S1." 857521.11
57 1835." 2452.11 5382.88115"32.01 U i855.U ,~Jr'550.011146110.f4us '8U.59 4401.35 3134.34 '11220.3'
" 1830.19 2452.52 5313.171331161.55142 7835.59 3:191.18 tSJ7.0Dl142891.75 215 7815.59 4418.78 341'.91 8sa801.ll
59 7U5.&9 2412.Z7 51&3.421352'''.21143 'U5.5' 3111.74 4523.95113958&.01 217 7835.11 4131.17 3399.42 '5USS.S4
70 1135.51 2182.05 5353.1413SDClS.23 44 7835.59 3324.15 '510 ••11151255.11 118 7835.89 "$3.13 3311.86 UJ911.51
71 1815.59 .2411.81 5343.811347523.35 US 7U5.59 3331.81 "97.611132917.15 218 lU5.59 4411.46 33st.23 845440.05
Page 1012
Notice #3
Exhibits Volume 8
8-208
Case 05-90374 Document 260-5 Filed in TXSB on 05/08/09 Page 35 of 35
Case 2:08-cv-01550 p-cw Document 40-2 Filed t !/2008 Page 34 of 50
DATE:
BORROWER:
co-eORROWEfl;
10/13/2004
NIVIE SAMl\AN
• Am&r1ca'&OI8Sllle Lender, Itself oras egenl
for CounltyWlde Bank, a OlVlslon ofTleasury
Bank,N.A.
Bl:llIICll .. 0000U3
750 LINDUO S7lI!eY AU no
51011 1lI\FNU., ClI 94 tol
CASE': 'bone. '(15125)-2701
LOAN#: 81'737375 B~ 'ax 110.1 1415125~1"
PROPERlY ADDRESS: 320 S PECK DR.
BEVERLY HILLS. CA 90212-3715
AMOffTIU SCHED E
PI&TPAYMENTPlIHClPALIIIT'£IlESfItALANc;& p'lrPAYIoIIilrrPIIIIIClPA\,INl1iIIESrItAUlNCll YIIP_PlIINCIPALIIIII!Jl!lITIALAIlCI!
220 1835.69 4489.16 3346.53 840950.11 at4 7835.it 60U." 1022.21 U4334.76 - . &lMWlY
2211135.6t 4506.13 3528.7& 83&443.562" 1135.0 GOn.n 17... 41 448157.48 ¥a'AntI!II1' IIIIEUS'I IllILUll!E
222 7835.6' 4524.77 3310.n nUn.l' 256 1835.69 6061.18 1774.51 442236.30 91nat1lv BalaD..., U.374.400.00
2Z3 1835.U 45'2.50 32".01 827316.51297 7US.it J085.17 1750.52 431)51.13 1 7SSSl.ts 7SS91." 1374400.00
2U 1835.6f (S40.U 3275.03 822815.85 298 7135.S' 610'.26 1721." 430041.87 2 7SS51.56 7SS91." 1374408.00
225 7835.69 4578.71 3256.'8 Ilt237.14 2U 7U5.69 6133.441702.25423801.43 3 ?SUI." 75591.'81374400.00
22C '835.6' U".8) 3231.86 813'40.31 30ll 7835.0 6157.n 1677." 417750.71 4 75591.91 75591." 1374400.08
227 7835.U 4615.03 3220.66 10'025.2' 301 7915.0 6182.09 1651.'ll 411568.82 5 755'1." 75551 ... 1374400.00
2287835.59 4613.30 3202.39 804391.'B 302 1835.01206.56 16U.13 405362." ~ 94028.28 64549.19 1315021.61
U, 7U5.U 4131.6' 3184.05 7"7'0.34 303 1835.U 62.n.n 1604.56 3"130.93
2307835.69 '670.05 3ln.l, 7'5070.29 304 78U.69 6255.BO 1579.19 39217'.13
7
8
94028.28
.402B.2.
63223.62 1314216.'5
61728.U 1281911.1t
231 , . " . " Un.5' 3147.15 "0381.15305 713!.&I 6280.561555.13 3BCS.I_57 , 94028.2' 50160.02 1241611.51
232 7835." 4707.10 3128.51 785"4.&5 06 7835.S' U05.42 1530.27 3B028'.U 10 94021.28 50515.77 12U53'.02
233 7B15.69 4725.73310'.'6 700ltl.n 307 7835.69 6330.38 1505.11 373958.71 11 9402'.28 5"91.73 1175219.47
23. 7835.69 4744.43 3091.26 7712'4.49 308 7835.69 6355.44 1480.25 367603.-'3 12 9'0:18.28 '''83.97 113&25'.15
239 7835." '763.21 3071.48 771441.2B 3097135.0 nen.s. 145'.10 381222.74 13 94028.2& 51081.4' 10"115.34
2357835.&1 41t2.07 3053.12 766"'.21310 7B35.69 6405.85 142'." 354816.89 14 .4028.28 51100.'1 1052387."
237 7835.69 4801.M 3034." 781858.21 11 7835.69 6431,21 1404.48 'lt315." 15 '4028~28. "016.88 1007376.57
238 7835.&1 4820.00 301S.n 75703B.21 312 7835." 6456.66 137'.83 341929.0Z 16 94028.28 46831.67 960179.95
23' 7835.&1 4839.0B 2'''.61 752199.13 113 7835.69 f4B2.22 1-153.47 335441.80 17 84021.28 44540.37 910592.05
2401135.&1 '858.21 2"7.45 7"340.89314 7835.69 IS17.n 1327.81 321938.92 18 94028.28 42U7.84 851801.61
241 7835." 4877.47 2958.22 742463.42 15 7835.69 &533.64 U02.0' 322405.28 15 "028.28 39618.65 8O«391.,B
2427035.&9 48".77 2938.'2 737566.65 3)6 7835.&1 1559.50 U76.1' 315845.76 20 9402...28 31"7.19 747.1'0.19
243 78:1$.&5 '916.16 291'.53 732&50.41 311 7835.59 6585.47 1250.21 30'260.31 11 94028.28 34207.47 587520.01
244 7B35.&5 4935.62 :UOO.07 727114.07!I8 7B35.6f 6611.53 1224.1& 301st8." 22 54028.28 31303.32 624795.12
2457815.69 4955.15 2BBO.5' 722751.72319 7835.69 8637.71 U97.9B 296011.07 23 98028.28 28258.14 555024.98
24' 7835.&5 ."4." 2110.92 717784.953201835.69 '''3.'81171.71269347.09 24 94028.28 25065.15 4900n.85
2477835.69 499'.44 2'41.23 712,,0.n 921 7U5.19 ,,'D.'8 1145.93 282858.73. 25 9102'.28 21717.14 417750.71
248 7U5.69 SOU.23 2B21.48 70777'.21 322 7US.C9 6711.84 1118.85 275139.85 2& 94028.2B 20201.59 34UZI.Ol
241 7835.69 5034.08 2101.61 702742.lt 323 lB35.69 6743.43 1092.2& 2U1U.4ti 27 '4028.28 14525.60 :tlZ426.34
250713.5.068 5054.00 2781.69 6876B8.18 324 7835... 6770.12 10&5.57 252421.34 28 94028.2B 10665.92 1"053.98
251 78lS.n 5074.01 2161.68 6926U.17 n5 7835.69 6791.92 1038.77 255829.42 29 St028.n 6618.84 5U54.54
252 7835.69 5094.0' 2741.60 617520.98 326 7835.69 6823.12 1011.17 268805.'0 30 94029.83 2375.29 0.00
253 7835.68 5114.21 2121.43 &82405.82 27 7815.&1 6850.83 .... n 241954.77
254 781'.69 513'.50 2701.19 677271.n 128 7835.69 6877.95 957.74 235'75.82
2557135." 5154.82 2680.17 672116.50 at 7135." "05.18 Uo.51 22tl71.54
2" 713'.69 5175.23 21110.46 ""91.27330 7835." 6932.51 '03.11 221239.13
Z57 7835... 5195.71 2639.98 661745." 331 78!S." 1959.15 87'.74 214271.18
258 7835.59 5216.28 261'.41 65iS21.28 332 7835.69 5987.50 ItI.lD 207291.61
251 78:1$.&5 5235.93 2518.76 &51282.35333 7835.&1 7015.16 120.53200276.52
269 7135.68 5257.66 2578.03 """.&9 334 7835.69 7042.91 752.76 U3233."
261 1835.58 5278.47 2557.22 Gt0751.22 35 7835.59 1070.11 754." 18n62.78
262 7835.69 5299.35 253&.33 &35451.U 38 7835.69 7098.80 736.89 1790.,."
·20 7835.69 5320.,. 2515.35 "OJ36.52 337 7835.59 7125.!IO 708.71 171937.08
264 7835.19 5391.40 2494.2' 6Un5.n 331 7835.&9 11'5.11 880.sa 1&4781.97
2&5 7835." 5J62.54 2473.15 619432.58 339 7135.69 7183.43 652.28 15751B.5.
261 7835.65 53$3.17 2451.82 814048.81 40 7835.69 7211.81 623.83 150386.51
267 783S.61 5405.01 2430.61 608643.73 341 7835.69 7240.41 S95.2B 143146.27
261 7835.69 5416." 2405.21 &03217.25 427015." 72U.07 '66.42 135877.20
289 783'.19 5447.U 2187.73 5577&'.2' 143 7135.69 7257.14 537.85 128579.36
2707835.69 5.81.522386.175922".77 344 7835.61 7325.73 5DB.,6121252.&3
271 78.».69 5491.11 2344.52 581108.60 45 7835.&5 7355.73 41'.96 11381&.'0
272 7835." 5512.91 2322.78 581295.69 346 7835. U 7384.85 450.84 10&512.0'
273 7835.61 5534.73 2300.96 575710.96 341 7835.U 7414.08 421.&1 9IOn.97
274 7835.81 5558.14 2275.05 570204.32 311 7135." 74U.43 391.26 "694.54
275 7835." 5578.&3 2257.08 5UI25.69 345 7835.69 7412.85 352.80 141B1.iS
278 7135.69 5100.71 2234.58 55,.24.98 50 7835.59 7502.'7 331.22 "6".18
277 7135.69 5&22.B8 2212.81 553402.10 51 7835.69 1532.17 303.51 19141.01
Z7I 7835.05645.14 2198.55 5477.51.1& 352 7835." 7561.98 273.71 61585.03
271 7835.19 '667.49 2140.20 5420U.47 353 7835 7591.92 243.77 53553.11
UO 7835.69 sen.92 2145.77 5363U.55 5. 7835 7121.97 213.72 Um.14
281 7835.69 5712.44 2123.25 530687.11 55 7835.89 '652.14 113.55 38719.00
2U 7135.41 5735.0S 2100.64 524152.01351 7115 ... 7812.43 153.25 31034.51
2Bl 7835.69 5757.75 2077.'4 515114.31 357 7835.69 7712.14 122.85 23323.73
204 7835.U 57BO.55 2055.14 513413.76 ,sa 7835." 7743.37 '2.32 lSSBO.36
285 7835.19 5803.n :lO32.21 507&10.)3 51 7835.89 1774.02 n.n 7006.34
2U 7155." 5126.40 200'.29 501783.93 310 7837.24 7805.14 30.10 o,pO
287 7835.61 5841.46 198&.21 415834.47
2ee 7B35.U '872.42 1943.07 410081.85
209 7195 ... 58ts.Sf 1931.83 4841&5." -82-
290 7835.41 5tU.20 1918.41 47824i."
Zil 713'.6$ 5942.13 1193.'8 472304.11
292 7835 ... 5915.15 1869.S' 466338.01
253 7835.69 SlU.77 1145.92 '10348.24
Page 2012
Notice #3
Exhibits Volume B
B-209
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 1 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed C //2008 Page 35 of 50
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26
EXHIBITH
27
28
-83-
- CLUES -
Countrywide Loan Underwriting
Expert System
Loan Report
============================ 1.0 DECISION =====~=======================
Date: Thursday, October 14, 2004 11:49 AM
Credit Decision.: REFER.
This loan has been referred by CLUES due to the following reasons:
~ ~ fDIIO/I~ ~ ~
Ability:
The information provided indicates a combination of layered risk
factors which may include insufficient liquid assets, high LTV,
credit history, and/or high debt ratios for the loan program
selected. #J~
Compliance - General:
A minimum of 6 months reserves are required on the Non-Conf ARM Fixed
Period LIBOR Interest Only program. (18869).
Reduced documentation is not allowed on a Non-Conforming Mega Loan.
(15172) .
The max loan amount is $1,000,000 on Non-Conf ARM Fixed Period LIBOR
Interest Only loans. (5998).
============================= 2.0 SUMMARY ==========~==================
Notice #3
Exhibits Volume B
B-211
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 3 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed C 1/2008 Page 37 of 50
Credit Score:
Property Usage: Primary Res. Appraised Value: $ 1,718,000
Property Type: Single Family purchase Price: $ 1,718,000
Value for Calculated LTV/CLTV: $ l,71B~OOO
Amortization: ARM , Term: 360
Note/Qual. Rate: 5.5/5.5%
Max Qual. Rate: 5.5%
First Lien LTV: BO.OO%
Second Lien· LTV: 100.00%
CLTV: 180.00%
Notice #3
Exhibits Volume B
B-212
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 4 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed G //2008 Page 38 of 50
Notice #3
EXhibits Volume B
B-213
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 5 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed C 112008 Page 39 of 50
Notice #3
Exhibits Volume B
B-214
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 6 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed C 1/2008 Page 40 of 50
Borrower/Job
Nivie Samaan
Income Type
Salary
•
Amount
$ 33,333.00
Total
Sub-total: $ 33,333.00
Ratios:
The following liabilities were included in the Obligations:
Borrower Type Account N~e Account it Payment Dflt
------------ ---- ----------- ---------------- ----------
...
Nivie Samaan rvlv WASHINGTON .. •. 00000629063611 $ 182.00
Nivie Samaan rvlv FLEET CC 430550033675 $ 200.00
Nivic Samaan rvlv FIRST USA 433237006104 ~ 194.00
Nivie Samaan rvlv BARNEYS NY •• 6003355682 $ 114.00
Nivie Samaan inst FIRST ENTE •. 925840600 $ 266.0.0
Total: $ 956.00
MHE Proposed:
P&:I $ 6,299.33
HI $ 401.00
Tax :;; 1,789.58
Secondary Financing . $ 1,020.00
-------------
Total $ 9,509.91
Total Debt
Notice #3
Exhibits Volume B
B-215
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 7 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed C //2008 Page 41 of 50
Item Total
Personal Expenses:
Credit $ 956.00
MHE Proposed:
PITI $ 9,509.91
REO Expenses: $ 0.00
Total Debt
-------------
$ 10,465.91
Note: The,Total Debt of $10465.91 was used to calculate the Total
Debt ratio of 31.40% indicated in the Summary Section 2.0.
Details of Transaction:
Item Amount Total
costs:
Subject: $l,71B,QOO.OO
Existing
SUbordinating 2nd: $ 171,800.00
prepaid Escrows: $ 6,213.00
Closing Costs: $ 20,544.00
Sub Total: $1,744,757.00
Cash In:
Loan Amount: $1,374,400.00
'Other Financing: $ 171,800.00
Sub Total: $ -3:546200.06
Reserves calculation:
Type Amount Total
L:iquid Aosc:;ctes;
Accounts & Funds: $ 263,400.00
Sub Total: $ 263,400.00
Less Fees & Expenses:
Cash to Close: $ 198,557.00
Sub Total: $ -198,557.00
Notice #3
Exhibits Volume B
B-216
-
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 8 of 35
Case 2:08-cv-0155Q- ?-CW Document 40-2 Filed (, ! 12008 Page 42 of 50
---ONDERWRITER RATING---
ABILITY POOR
CREDIT EXCELLENT
APPRAISAL N/a
otIDERWRITER COMMENTS
Underwriter:
Decision: NO DECISION HAS BEEN SELECTED
Date: ~O 14 2004
Loan version: C
END OF REPORT~
-90-
Notice #3
Exhibits Volume B
B-217
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 9 of 35
Case 2:08-cv-01550 ?-CW Document 40-2 Filed C //2008 Page 43 of 50
1
2
3
4
5
6
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8
9
10
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27
EXHIBIT I
28
-91-
Branch I: 0000933
750 LINDARO STIUlEI
SAN RAFllEL, CA 91901
Phone:
Br Fax
(415)257-2701
No.: (415)259-0866
5TE 110
-
llloksr.
Col\1acl:
SlDk8:
Pilon",
lln>"'"
H.ICBJ\El. JlIHES O' REII.L~ DBA PACIFIC
VICTOR pJ\JUtS
(415)444-0448
(415) 492-4388
SUSPENDED l'lIll-=
To avoid having your submission closed for incompleteness, any items listed
below as 'Required Prior to Jlpproval' must: be received .lit:bin 10 days of the
date shown above.
Condillons et P/lDso ~. APJII"OVllI: 17
ConcntJon
CccI. Cond11olllle><lCcmmeob
~ C2>
1U.f:ted, 1..A.
i\PPI\OV1lL OPElI 138. OTHJ;:R ClIIlI>J:TION 1
Corp approval req'd fox th1S enhanced pxograDl wI :-22i' added u
fee , any condit.1ons, prov1d9 a complete copy p~ge alon'9 \l1tb
'- .
e all conditions in Uipl1cate
139. 0TllS1\ CONDI'J'I(IlI 2
Pricing 1:0 lle co:r:..ected. to 51>0" .15t add to fee fox this enhanced
excepU"" pJ:Ogr....
OPEN ~ OTlICR CONDI'J"J'llIl 4
on deposit wI <>.CXOW w/ .ource "etiUed
~
erif.Y ~30ll;
\lPElI 14 CONDItI 011 5
xoride complet:e executed puxchase contraet, eperMl instructions
~
ill Dot act aD a aubs:titut8
OPEN 4. O'J'lIER COIlDI:rION 7
~
P.rovld~ 03' buoiness license OJ; C(lA ~.tteX' ve.. ifywq fUed la:s:t. 2
yr. 1040'S as ••If elllP1oyed. ...,.. location
O!'EN • 0"IIlER eDWInoN 8
IlF 1>1: .tlIIt 1681-40983BO fox 7/12 th%U 8/12 at: $180ll;
DOCIJIlSlIIS Ol!EN 006. M'PlIUSAL-IIca:Ptl\llL& FIELD 1l&VI!\1f (TO SUPPORt $-->
«««« Condition information continues on at:tached addendwa »»>,.»
FlWVNCClW
• UNOERWIllI1NG llEClSlONICONOIllOll \EfTElI
2C2St>I$ (lI7I04)(d)
-92-
'0817&737500
I
0020260'
Notice #3
Exhibits Volume B
B-219
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 11 of 35
Case 2:08-cv-01550?-CW Document 40-2 Filed (, 1/2008 Page 45 of 50
i:<>an#: 81137375
•
AODEHDUM TO UNDEAWRmNG DEClSlONlCONOmON lETTER
(PAGE2 OF2 )
•
R.",1led CGndllIon Condlllon DascdpllonlCorrmollls
PllorTo S1allls
-93-
FIWIIJUCOIIV
a UNDEllWM1IIG DEClSlO>II(;ONllmON lEllER
l!C2lIOOO (Ol'1DCl
Notice #3
Exhibits Volume B
B-220
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 12 of 35
Case 2:08-cv-01550 p-cw Document 40-2 Filed L !/2008 Page 46 of 50
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EXHIBIT J
27
28 -94-
80/90 to 1.5101 usln Cofe Jumbo with.750% add to fee lor Reduced Doc
Branch Inlonnallon
Branch Number Region Branch contact Conlaclexl Blanch Requeslor
0000933 65 Marla mclamin 2703 krlsl1n
orlDnlWLD/CF/CCI
Sf' Information
BP Soun:e Code BPName
09694 Paclflc Mortgage
..
, . Consultanls
"
Borrower Inlormal1on
Borrower Co-Borrower
.An""""...lnr:ome Borrower EmplDyer Co-Borrower Income Co-Borrower Employer
.?:.~,1,,?;)~ Spellbound Entemrtse. Inc.
Borrower Se~p Dyed BorrowerYean; on job Co-Borrower Self Employeed Co-Boll'OWer Years on Job
Yes 4
Borrower P06fllon1J1ue Co-Borrower Posl1lontr1lle
President
If·less than 2 ears on the lob If less than 2 ears on \he lob
Employer Self Employed Employer Self Employed
Notice #3
Exhibits Volume B
B-222
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 14 of 35
Case 2:08-cv-01550 p-cw Document 40-2 FiledG //2008 Page 48 of 50
Compensatino Faclors
Excellent Credl~ Exee"ent Job Slablntv, Excellent ReseNes, High Flcos
Requestor comments
US/Secondary CommenlS
Standard Conditions
Additional CondlUons
-96- j
Notice #3
Exhibits Volume B
B-223
Case 2:08-cv-01550
-
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 15 of 35
?-CW Document 40-2 Filed G //2008 Page 49 of 50
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27
EXHIBITK
28
-97-
• •
I
0
~
01
01
0
1
""0
I
()
1st Lien Amount: 1,374.400.00 2nd Loan Amount: 171,800.00 ~
Appraisal Value: 1,718,000.00 Properly Type: SFR 000 Type: Reduced Doc 0
0
()
c:
3
LTV: 80.00% CLTV: 90.00% . MI: No CD
..
__ ~.~~~~~~ • • • M.W_ • • • • A • • • • N& • • • C._.W • • N.M • • • • • • • H • • _ • • • • • • • • • • • • • • • • & • • • • • • • • & • • • aa.~
0I
I\.)
'"'0
.... Pl
(Q
CD
01
Conditlons: 0
0-+0
01
0
Notice #3
Exhibits Volume B
B-225
.-
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 17 of 35
Case 2:08-cv-0155l ..P-CW Document 40-3 Filed, ,7/2008 Page 1 of 50
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EXHIBITL
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-99-
Thank you for your order. The case has been assigned a tracking code of4100481 O.
ICategory IData
IOrder Number 1141004810 I
IJob Type II Field 2000 I
Loan Number 181737375 I
orrower INlvle Samaan I
roperty Addre~ \320 S. Peck Drive I
~roperty City IBeverly HUls
I
Prop~r.ty State ICA I
CLIENT ALERT:
Ifthe·orger confirmed on this page was a REVIEW PRODUCT, please send the appraisal to
be reviewed to:
[1] E-mail PDF copies to: Review Order Desk.
~ . ./
(2) Print this page and use as a cover sheet to fax the appraisal to LSI @.800-668-8585.
The review process will be initiated following receipt of your appraisal report.
Please be sure to note the order number carefully on your loan file. If you wish to make
changes to the information just entered or need to cancel the order, please contact one of our
customer service representatives at your nearest office.
To enter additional orders, please press the Order Enby button on the left menu ~ar.
ReportAES-1006W
CDpyrlght li:l1999 AppraIsal Enhancement Services
-100-
http://www.ousleyinc.comIWebTraklclient_IDodule/securedjlages/order_entry2.asp 10125/2004
Notice #3
Exhibits Volume 8
8-227
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 19 of 35
...........
Filed, .712008 Page 3 of 50
Case 2:08-cv-0155( .P-CW Document 40-3
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-101-
cieturainac.[on.
-_ ..._----...corp
Coni;.Ut.lon
1
C'DndJ.,t'lon D.scICOft'II.bt..
_-,-------~---_
for
IIppX'O-.t ;ceq-d'
... _~--.
~,lU:s
•..-', .fl.)'" cortdit.loh-" ,P:'OViidc
-_ _--_._--
...
enh6tll::-..ct procp"'_
4:' ~1ft:f.lI eG:p)'
....
~I • ')$11 '~dded 'toO
p&C:-.... ge-:a.lonq w1.th.
- -._......._.....---------
---...--....,--...... ...
.U' G~(f1.';.~on;, 1.n 't;J:'l.p-l.lc.t..
2 ,z,1i:i.n:~"
'1:-0, ,be- c-O~z:.c-t.ed 'to M.a_ .l9~· ~ ~o te'e' tox this .nhaneed
e-x<:e:ptt:on .~.togz...
II_II
• '0",1.".1')
-102.. '
7,,·,r'~!l DD.DD.::!!:. D.' ~
Notice #3
Exhibits Volume B
B-229
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 21 of 35
Case 2:08-cv-0155C p-cw Document 40-3 Filed I. 7/2008 Page 5 of 50
£l.J24..!.4&
W. ..,111 .be <tble ~o fUl)d YO'\.I'r ).0&-' "'ben t~ follovjn9 :ond1clof\, are- .. e.t (T.,",_. lUII1'J \111.1 al.ao _ppeat
on YOt.Jc clos1rul :ll\~II:.xv.ctiO:lI) :
11, COllect $400 apprB1S'1l1 Deld r1tviev ftt frnJ'\ brur J.n •• CSOWI
Thank you t.or .umitting your loan to Count..ryw1dt'~ .....tOeric:a 15 "holes.. l. :r...n&u' It.. s:1neu'i!:ly A.pp~.c:"'~t:'ft
youX' bwI'WC;lI:t.
CQn<!1tloll DeK/Ce.tMnts
pl'oyid. lU· b":tJLn.lI_ licenn Olt CPA ~.tt.r V\ilC"!f'Y1n9 t";I..L~d lAst. 2
yr3 lD"~·. ~ :felt elllp1oye<S • ..,.e location
-103-
Notice #3
Exhibits Volume B
B-230
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 22 of 35
Case 2:08-cv-0155l\P-CW Document 40-3 Filed, ,7/2008 Page 6 of 50
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28
-104-
1012912004 10:46 AM
•
Demetrio. GadlIWl01CF/GCI
•
To Kristin OrtonIWLOfCF1CCI@Counbywide
co Marla MeLaurlnlWholesalelCF/CCI@COUNTRYWIOE
... bee
Subject exception Certificate - Result: Final ApprovaUlSamaan I
JUMBO·
Terms of Counteroffer:
••••••••• &1" , u.", , taA U .'AU"" _, ••• a, a.au !IIi Ul. It"•• ,U u ,,,,*,,.u,. ",At &.& Ii
Prlclng Information: /
1st Mtg Risk-Based Add-on: 0.750
Applies To:
: The 'Risk-based add-ons' posted above, do not conlain adjustments for: low loan amount. escrow
waiver. non-e-Approve, 45·day and greater refinance. LTV>60 and Fico<620 (Conf only), or TAMI
Incentive. Before quoting prIce, where warranted. add the appropriate adjustments for these
characteristics to Wholesale PricIng Desk 'Rlsk.-based add-ons' above.
Pricing Comments; Demetrio Gadi,10/29/2004 10:20:37 AM->Based on the current loan characteristics
noted on this form, standard add-ons must be applied as disclosed In e<!ge plus the base price must be
adjusted by 0.75 pts for Enhanced 80/90 reduced doc•
....... ~ , ••••••, "ta. u _ " d to u ta'"'' l.:a. 'u.a ".. U. U & .. Ut. at **
.
Borrower N~me: Nivie Samaan / JUMBO· Branch Number: 0000933
-105-
Notice #3
Exhibits Volume 8
8-232
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 24 of 35
Case 2:08-cv-0155l \p-cw Document 40-3 Filed ,7/2008 Page 8 of 50
: 80190 to 1.5M using Core Jumbo with .750% add to fee for Reduced Doc
Krlslln 0l1on,10/2512004 3:08:49 PM->Borrower's Income Should Be $33,333 Not $333,333
Michelle Pelti,10126120D4 3:03:14 PM->Recelved loan file today
Demetrio Gadl,10129/2004 10:29:57 AM->File is approved with no exc;:eptions under the Enhanced 80/90
program.
• "a.a ","' '.at•••••••••" a•••••• , u , •••••••••••••• *, "••• ""'.a,•• ' ., "•• a••
.
CondlUons:
PRIOR TO FUNDING (PTF) CONDITIONS / BRANCH TO REVI r:w & SIGN OFF
.........
-Sorrowers to sign/date 4506-T
........~opy of first mortgage note for 2nd td file
,.;<--t st & 2nd td's to close concurrent
NOTE: clear to close
: Reduced doc, purchase, 5/1 Llbor 10, Enhanced 80/90, 1st td $1,374,400 & heloo $171 ,800; no
excepUon
GUIDEUNE EXCEPTIONS
-106-
Notice #3
Exhibits Volume B
B-233
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 25 of 35
Case 2:08-cv-0155l \p-cw Document 40-3 Filed .7/2008 Page 9 of 50
•
IF ALL CONDITIONS ABOVE ARE NOT MET THIS EXCEPTION IS NULL AND VOIDI
THIS IS AN EXCEPTION DECISION ONLY AND NOT A LOAN APPROVAL.
*This represents the risk-based add-ons for the loan program. All other
add-ons such as CWBC fee, escrow waiver fee, elc. will still apply, as
applicable.
-107-
Notice #3
Exhibits Volume B
B-234
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 26 of 35
Case 2:08-cv-01550 ?-CW Document 40-3 Filed L 112008 Page 10 of 50
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EXHIBIT 0
28
-108-
Branch '1
0000933
750 L:mD1I1lO STREET STB 110
SloN MFAEL, CA 94901 IlIvllar Phone:
~~~nel (415)25'7-2701 llnlkerFall#: &tsJ
t(t:p.-'!.?Cf
If you hav& questions lIbout thls letter, please contect us at t·--:h....e...!p:.:,h::;.on'-L.eL!mmberO"""~=:..,ab:-o-ve-. -.....,(""3!§)~~..,.",:-:jt,--p.""~,.-,..
Loan nUlllber 91737375 has been reviewed at the following tem.s for IUVlS SAI:DoAN(9;Js)~.?9f1f>
lDan PIDlJ!IlIII' Nt: 5/1 L:mtl ARM rnte>;estOnly OccupanC)'Typo: 0I9NEil OCCUPISD
llo<:ulnenIaian Typo: REDUCED
_Typa: I?URCIIlISE RlskG"""': filA
PtopeJly Addnus:320 S PECK DR CIOdll Scora: 723
BBVElU.Y /ttI.l.S, CA
90212-3715 Lock Expiration
Date:
""'polly T,pa: SFIt
LIen Posltlon: First
Closing docwoenu WiUbs made bva)J.ab1e when the following cODdit:ions an "",t:
eoDditlon condition Dasc/C(lameots
---~--------------
1 P~SlIL-l\=nm.E nELD llEVIEW (TO SUl'POIlr $ - '
$1,718, 000 proqraao guideli.... at cost to brwr. Cordend 10/25/04)
-109-
Notice #3
Exhibits Volume B
B-236
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 28 of 35
Case 2:08-cv-0155G p-CW Document 40-3 Filed l 1/2008 Page 12 of 50
Loonill: 81737375
•Ilonaw8l'. Name:.
•
--'S:::lIMAl\N==~._N:::IVI=::S=_ _
San Vicente Blvd, Los- Angele:9 a.s of 1/04
lie will he able to tund your 10"" when the followio!J condlt1oDO .......et (these it..... will also appeax
OD your closing uu.truCt.iODS) :
'Ibank you foX' sut=1tt1ng you..- lOaD to Countrywide, America's Wholesale Lender! We siJlcerely app%eciate
your business.
10/29/2004
.
tJnAJ7~l:er Dat:.a
~_I1t;{~~ -- ..fl-4?.k-----
Brancb l1anager Date
WP IIWPIIlS" Dete
The following conditions bave been satisfied and are shown here fox nfQ.rence only:
COndition Desc/c_nu
-110-
11'age 2 of 2 10/29/2004 14:03:51)
• UNDliIIWRIT1NB 1lECtS10NlC0HDI11ON lET1al. WLD
2E2S1-lJS (0SI04)
Notice #3
Exhibits Volume B
B-237
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 29 of 35
Case 2:08-cv-0155C P-CW Document 40-3 Filed l 7/2008 Page 13 of 50
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28
-111-
• •
Urgent Df!livery!
LSI File #: 41004810
Addressee/Addressor
To:
Contact: jKrlstin Orion I Client#: I 19501
ConrpallJ': ICountrywide - Wholesale 1
1750 Undaro SI., Sulle 110 I
ISan Rafael, CA 94901 I
PI,o",:#: 1(415) 257-2716 1Ext: I I
Fax": 1<415) 259·0864 II I
From:
Compally: !LSI, Coraopolis I
Pllonet/: 1(800) 657-2400 I
Fax 1#: 1(80D) 668-8585 I
Dare: 111103120D412:25 PM I
#I o/Pages 8M/: D
/fyDU /ttn01lllY"",bIOtS",ld, 1/'0 rtulpl'fthif[ta,pl<JUe ••"ttW the .porlltID'" d.,artmo,,/IJI dIe numb".
".'ed /Jbap". Fa, IIIl Dlher glld/lllns, plel1So ak tD spellk to II Cr/Sla,1W RtlaOoRJ AIXDunt lIfon",,,,.
File Identificatioll
Bol'rower: INlvle Samaan Job Type: jFlekl 2000
Loall Number: 181737375
:;::::;:;;::::;:::;::::;::;::::::::::..----.
Property Addrus: /320 S. Peck Drive IlBeverly Hills I~ \902121
Rep/ew Vallie: Iplease see allached document~. I
Toml Fee: I $255.00·1 AmountPaid: I $0.00 I Balance Due: I $255.00 I
Additional Comments
-112-
&rstem lltgla"aIOffru:
700 CbeninBtoA hrIcmI)" ColoopoUs. PA 15101
Tan I'mt 1-IDHS7-2400 • Fu: 1-801l-'61-85!S
Notice #3
Exhibits Volume B
B-239
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 31 of 35
Case 2:08-cv-01550 ?-CW Document 40-3 Filed l 1/2008 Page 15 of 50
Analvze salellransler hlslarv for Ihe Bub and """'It Us Imoatlll anv. an Ihevalueoolnlon In lbe B~raI&aI reoorl under ,mew:
I~' \he ep~sal report oonlaIn \he ep~= PIlar sale(s~::uor pIi<lr r..Ung(s) of lhesubJecl property,;::t comparablesales,
)( YES NO-e>coIaln. Nn "",art"" BT\'.Ilhln the I 36 ~onllls. Ml.SII04-086856lndicates su eclls IIs1ed for S1 69S 000
and was l!llOOSed 10 lbe markel for 52 davs. Sales a"""""enl was not DrOIIlded for reviev/.
2- s1ha dala In the ;!ODralsel reDorIlucluBl ond aCClB8IA? X VES-oJOVide a brier s"~mA~. Nl>-exD1aIn aM comolele Sec1lon II.
Overall da aorovlded within the """'.. A•• ears reasonabla with Dr/It minor dala disClMancl Ilc reeools and MlS
.eriflCBllon 01 dala.
.~
1. ~1h:anelu.M;the~~:M""'''' . I.'
YES-otavld9 a brief sum;;;;;;;;: NCl-elalIBIn.
2. Pi"~:Y51s ollhe aile, lncIudlngrn.~ppar9rll adverse .lIe condlUons and !he highest and besl use, complete and aCl'Unila?
rtlYlde a bIlef summaN. Q.emIaln.
3. Are Ibe:mnlno dassitaUan. desalDUon. and DOIIlll&l!nca 1lIXUBIe? YES-omvIda 8 Mel summa.... NQ-elIllIai·
4. Is lI1e dala In !he ImDlOvetlMls .selion comnlate and aCClnle7 VES-1lTtW1de 8 brier S1I1lIiliiN. NOoBlCDlaIn.
- .:-'1-
Notice #3
Exhibits Volume B
B-240
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 32 of 35
Case 2:08-cv-01550 p-cw Document 40-3 Filed <.. 1/2008 Page 16 of 50
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-114-
.>i
Clo.aiag documtt:tJt;.G "ill be ~d. ava.t.lable when the follo\ling' conditiotul are m~t:
-115-
1111
'28991' 08118"815000002&2 l'
z. e Or
Notice #3
Exhibits Volume B
B-242
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 34 of 35
Filed L 1/2008 Page 18 of 50
Case 2:08-cv-01550 p-CW Document 40-3
~(f;;)----
•BoIrOWllI'.N""'.: .....;SAMIIAN===,.....::N"'IV=IE:=- _
II. "Ul be able to fUDd your 10All wban ~hQ foUonn, conditions ""a ....t (tbese it..... "ill 'llsn appsar
on YOIIr closu, inotruetions) I
1'haDk you fo%' aubad.t.ting your loan to Count.rywide, Alnerica.·. Wholesale Lende:c J We s!Qce:rely app%Qciate
yaur- business.
Pate
_({~k _
Date
DVP/RVP/RSH Date
1110 following cond1t1on& have been sat.1.stie4 and are shown here for rAte:%ence onl.y:
Condition· Deec/COIIllIlents
---------- BOAAOIl&R IIllttIEH EX!'LANJlIIOIl REGllIlDIRG _
Acceptable axplao"t1oD wby bUcUless in 411 reverse i. 00 1227 So
Alfred, 1.. 1..
-116-
(Page 2 of 2 11/03/2004 18:04:54)
• VNDEIIWMING DEClSIQN,tl()NDmON urrTeR· WIll
2l!26HIS l0a'04
Notice #3
Exhibits Volume B
B-243
Case 05-90374 Document 260-6 Filed in TXSB on 05/08/09 Page 35 of 35
Case 2:08-cv-0155C p-cw Document 40-3 Filed l 7/2008 Page 19 of 50
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-117-
We oblained inFormalion from a consumer reporting agency as port of our considerlllion of your applicaUon, ils name, eddress. nnd (lolI·free]
lephone number is shown below. TI,e reporting ageney played no purt In our decision and Is unable to supply specific reasons why we have denied
edillo you. You huve a right under Ihe Falr Credll Reporting ACllO know Ihe Informallon conluined In your credit file althe consumer reporting
:cncy. You have a oghllo a Free copy of your report From Ihe reporting agency, if you requesl it no Ioter than 60 days nfIer you received this notice.
I addition, if you find that any information <ontwoed in Ihe repon you received Is inaccurate or incomplete, you have the righl to dispute the malter
IIh the reporting agency. You enn find out about the information contained in your file (if one w.. used) by conloellng:
II1cercly•
•nding Operations
OTIC!!: 111C fed<Rl Bqunl Credil Opponuni,y ACl probib~s credilOrs from discriminating acllinst credit applicanl' on the b..is of nice, ooIor. religion. Dllional
igio, sex, JIllIriIDl slOIU.. aC" (provided lhe IIflplicanl has the CIIfl""ily 10 enler into a binding conlr1tt); because all or p4lt of the applielllll's inc:omc derives fiom any
.blle assistance program; or because the applleanl h.. in good faith exercised auy rigbl under lhe Consumer Credit Proteclion AeL The federal agency thai admi.illCfll
.npUan.e wi'" this law concerning lhi, c,edilor il the
f£ice of the Comptroller of the Currency, Customer Assistance Group 1301 McKinney Street,
uite 3450 Houston, Texas 77010-9050
W1/I\ICOIN
NoUco 01 Action Tokon. Tteasury Bank
J05....US (12103)(d)
•2 S 991 •
-• 081 7 3 7 3 8 S 0 0 000 1 E 0 54'
-118-
Notice #3
Exhibits Volume B
B-245
Case 05-90374 Document 260-7 Filed in TXSB on 05/08/09 Page 2 of 35
Case 2:08-cv-0155C p-cw Document 40-3 Filed l 7/2008 Page 21 of 50
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-119-
1 5 NAKANO, C.S.P:. NO. 5624, ;lI. SHORTHAND REPORTER FOR THE STATE
NIVIE SAHAAN, AN INDIVIDUAL, I
f OF CALIFORNIA, PURSUA.NT TO NOTICE.
I
'1 + , •
PLAINTIFF, I
)
8 APPEARANCES or COUNSEL:
VS. ) CASE NO. SC 087400
)
1- -1
J
2 WITNESS:
3 NIVIE SAMAAN
FOR CROSS-DEFENDANTS COLDWELL BANKER RESIDENTIAL
4
BROKERAGE AND MICflAEL LIBOH: 5 EXAMINATION BY: PAGE:
6 HR. CUMMINGS 5
COLDllELL BANKER RESIDENTIAL BROKERAGE CO!IPANY
7
6 TIlE LAII DEPARTMENT
6
11611 SAN VICENTE BOULEVARD EXHIBITS
9
NINTH FLOOR 10
DEFEN DANT I S PAGE:
LOS ANGELES, CALIFORNIA 90049-6510
11
10 (N(Jr PRESENT)
1 - NOTICE OF DEPOSITION AND DOCUMENT PRODUCTION 16
11 12 OF HIVIE SAMAAN, SEVEN PAGES
22 -1 0- 23
10/15/04, WITH ATTACH£O OOCUMENTS, SIX PAGES
25 25
p... '
1 EVEN THOUGH THESE ARE INFORMAL PROCEEDINGS, AND
.....
LOS ANGELES, CALIFORNIA; MONDAY, JULY 10, 2006
10:08 A.M. 2 THEY'RE IN MY OFFICE, THE OATH YOU'VE TAJ<EN IS THE SAME
NIVIE SAMAAN, 4 YOU'RE SUBJECT TO THE SAME PENALTIES IF yOU DON'T TELL
THE WITNESS HEREIN, HAVING BEEN FIRST 5 THE TRUTH AS IF yOU WERE IN COURT AND DIDN'T TELL THE
A. YES.
10 BY HR. CUMMINGS: 10 WANT YOlf TO ANSWER THE QUESTION. I WANT yOU TO TELL ME
11 o. CAN YOU PLEASE STATE AND SPELL YOUR fULL NlIHE 11 YOU DON'T UNDERSTAND IT, WHY IT IS YOU DON'T UNDERSTAND
14 O. I' M GOING TO GIVE YOU SoME INSTRUCTIONS NOW 14 IF MY VOICE DROPS AND YOU DON'T CLEARLY HE.\R A
15 THAT WE TRY TO FOLLOW IN A DEPOSITION. 15 QUESTION, LET HE KNOW. I'LL EITHER RESTATE THE QUESTION
16 ONE or THE MOST IMPORTANT THINGS IS THAT ONLY 16 OR ASK THE REPORTER TO REl\D THE QUESTION BACK TO YOU.
J7 ONE OF US SPEAl< I\T A TIME; AND, TH~REFORE, IF AT ANY 17 IF YOU ANSWER A QUESTION, I'LL ASSUME THAT YOU
IB TIME DURING THESE PROCEEDINGS I START A QUESTION BEFOR~ 18 HEARD THE QUES'lION, YOU UNDERSTOOD THE QUESTION, YOU'RE
]9 YOU'VE COIlPLETED YOUR ANSWER, PLEASE TELL ME, AND I'LL 19 ANSWERING THAT QUESTION, NO? SOME OTHER QUESTION.
2D LET YOU COMPLETE YOUR ANSWER. 20 IF, AS WE GO THROUGH THE PROCEEDINGS, YOU THINK
21 IT'S IMPORTANT THAT ALL or YOUR ANSWERS BE IN 21 OF SOMETHING THAT WOULD CLARIFY OR MODI FY A PRIOR ANSWER
22 AUDIBLE WORDS IN mE ENGLISH LANGUAGE, RATHER THAN NODS 22 YOU °VE GIVEN TO A PRIOR QUESTION, YOU JUST TELL US, AND
23 OR SHAKES 0>' THE HEAD OR UTTERANCES SUCH AS ·UH-HUH" OR 23 YOU CAN GO BACK AND MODI FY YOUR ANSWER.
24 "HUH-UH. " THE REASON FOR THAT rs so THAT WE HAVE A 24 I [" YOU WANT TO GET WATER OR COfFEE OR USE THE
ARE YOU AWARE OF ANY PHYSICAL OR MEDICAL I THE DEPOSITION NOTICE THAT WE RECEIVED; IS THAT CORRECT,?
2 CONDITION THAT YOU HAVE THAT WOULD PR!VEtrr YOU rR~ MR. CUMMINGS: TtlAT I S CORRECT.
3 GIVING YOUR BEST TESTIMONY HERE TODAY? MR. STEIN: OKAY. TlIANK YOU.
Q. ARE YOU CURRENTLY TAKING ANY MEDICATIoNS OF ANY Q. ALSO, AFTER THESE PROCEEDINGS ARE CONCLUDED,
6 KIND THAT WOULD AFFECT YOUR ABILITY TO RECALL AND 6 YOU'LL HAVE AN OPPORTUNITY TO REVIEW YOUR DEPOSITION.
1 RECOLLECT EVENTS l' 1 HAKE ANY CHANGES IN IT AND ANY CORRECTIONS THAT YOU tiANT
O. WHAT'S YOUR DATE OF BIRTH? 9 OPPORTUNITY TO C<»fiENT ON THOSE AT THE TRIAL OR OTHER
12 QUESTIONS, ~ WE PUT ON THE RECORD THE STATUS OF 12 WILL YOU PLEASE LooK AT TilE NOTICE OF
14 DEPOSITION? I '0 LIKE IT ON THE RECORD THAT THEY CHOSE 14 HAVE YOU HAD A CHANCE TO READ OVER THAT?
16 MR. CmDolINGS: SURE. I CALLED A FEW MINUTES AGO BY 16 Q. WOULD YOU TAKE A CHANCE TO READ OVER THAT ~
11 TELEPHONE MR.' SHULKIN" 5 OFFICE.. I SPOl<E TO SOMEBODY, 11 PARTICULARLY IF YOU COULD LOOK I\T WHAT IS REFERRED TO AS
1a WHOSE NAME I DON I T REMEMBER. BUT WHO IDENTIFIED HERSELF, 1 El EXHIBIT A, AND I E" YOU COULD TELL ME IF 'tou HAVE BROUGHT
19 A W(JIfAN, WHO IS ONE OF HIS ASSISTANTS, WHO SAID HE WAS 19 WITH YOU ALL THE DOCUMENTS DESCRIBED ON EXHIBIT A, TO
20 NOT IN. I ASKED IF HE WAS COMING TO THE DEPOSITION Of' 20 THE BEST OF YOUR KNOWLEDGE.
21 MS. S1I.HJUlN TODAY IN THE ZERNIK/SAMAAN M1\'rTF.R, ;\NO r WA,C:; 21 A. I HAVE DocUMENTS WITH ME. I DON"T KNOW IF
22 INFORMED THAT NOBODY FRCN THEIR OFFICE WAS COHING, AND -1 1- 22 THOSE ME THE DOCUMENTS OR NOT.
23 Tf{}l,T'S WHY WE COMMENCED WITH THE DEPOSITIOtl. 23 O. MAYBE YOUR COUNSEL CAN.
24 MR. STEIN: AND JUST FOR THE RECORO, THEY DID 24 HR. STEIN: FOR THE RECORD, WE ARE PRODUCING
25 RECEIVE NOTICE OF THE DEPOSITION IN ADVANCE PURSUANT TO 25 DOCUMENTS NOS. S()Ot THROUGH 50116, WHICH ARE RESPONSIVE
r",e10
1 TO THESE REQUESTS. IN AlJIHTION, THE PLAINTIfF HAS 0. ARE YOU CURRENTLY MARRIED?
3 AND MARA ESCROW, WHICH ARE NOT INCLUDED WITHIN TH]S Q. WHAT'S THE DATE OF YOUR MARRIAGE?
PRODUCTION. IF YOU WOULD LJ KE, WE CAN HAKE THIS .I\N A. SEPTEMBER 19, 2004.
5 EXHIBIT NUMBER. I DON'T KNOW. THAT'S UP TO you. AS YOU Q. WHERE WERE YOU HARRIED?
6 SO PLEASE. A. HAWAII.
HR. CUMMINGS: THEY'RE BATES STAMPED. THAT'S FINE. O. ItlHAT I S THE NAME Or YOUR SPOUSE?
10 BY MR. CUMMINGS: 10 A. 133 SOUTH PECK DRIVE, NO. 104, BEVERLY HILLS,
11 O. HS. s.~, I' LL ASK YOU TO SIMPLY LOOK .'\T THIS 11 90212.
12 STACK OF DOCUMgNTS THAT YOUR COUNSEL'S PRODUCED. 12 Q. 00 YOU OWN THAT PROPERTY?
15 A. YES. 15 A. YES.
16 O. TO YOUR KNOWLEDGE, OTHER THAN THE OOCUI'IENTS 16 Q. WHEN DID YOU MOVE INTO THAT PROPERTY?
17 YOU'VE RECEIVED OR YOUR ATTORNEY'S RECEIVED IN THIS 17 A. ARE YOU ASKING WHEN I HOVED INTO THE PROPERTY?
19 BANKER, ARE YOU AWARE OF ANY OTHER DOCUMENTS THAT RELATE 19 1\. SEPTEMBER OF 2004.
20 TO THIS LAWSUIT, OTH£~ THAN Cet-fMUNIC1\TIONS WITH YOUR 20 Q. DID YOUR HUSBAND RENT THE PROPERTY BEFORE YOU
22 A. NO. 22 A. YES.
23 O. NOW, HAVE YOU EVER BEING KNOWN BY ANY OTHER 23 0. IS THAT ADDRESS ON PECK THE LOCATION WHERE YOU
24 NAME? 24 AND YOUR HUSBAND HAVE RESIDED SINCE YOU WERE MARRIED?
25 A. NO. 2S A. YES.
f - - - - - - - - - - - - - - - - . - ..-~---.- ..-.~~.--+_--------------------------j
Pille II
Q. HAVE YOU EVER BEEN CONVICTED OF A FELONY? O. WHAT YEAR 010 YOU ATTEND THERE OR OBTAIN THAT'?
Q. WHERE WERE YOU BORN? Q. DID YOU TAKE ANY OTHE:R FORMAL EDUCATION AFTER
5 Q. WHEN DID YDIl COME TO THE UNITED STATES? A. 1 OBTAINED MY REAL ESTATE LICENSE.
12 A. BYER HIGH SCHQQL IN MODESTO, CALIFORNIA. 12 O. HON LONG DID YOU TAKE THOSE COURSES?
14 A. 8-Y-E-R. 14 o. DID YOU PASS THE TEST THE fIRST TIME YOU TOOK
16 A. YES. 16 A. YES.
17 Q. WHAT'S THE FIRST COLLEGE YOU ATTENDED? 17 O. HAD YOU EVER HORKED IN 'THE REAL ESTATE BUSINESS
18 A. NATIONAL EDllCATI ON CENTER. IT'S A TRADE 16 BEFORE YOU PASSED YOUR TEST FOR A REAL ESTATE AGENT'S
19 SCHOOL. 19 LICENSE?
22 Q. WHAT COURSE OF STUlJY CAN YOU TAKE THERE? -1 2- 22 cHRONOLOGICAL ORDER AFTEf; YOU GRADUATED FROM YOUR
23 A. GENERAL, BUSINESS. 23 BUSINESS SCHOOL UNTIL YOU DBTAINEO YOUR REAL ESTATE
-
Case 2:08-cv-0155G
----_ _------ ..
p-cw Document 40-3 Filed l 7/2008 Page 25 of 50
2 Of'rTCES; ONE AS AN OFFICE MANAGER; ONE A.S .A BUILDING A. I DON'T RECALL. 1 WOULD HAVE TO LOOK AT MY
.. WORK I AND THEN I GOT INTO RETAIL AND COSMETICS. O. CAN 'tOU GIVE HE YOUR BEST ESTIKATE?
O. OKAY. AITER YOU OBTAINED YOUR REAL ESTATE A. EITHER APRIL oR MAY OF 2004 -- 2003.
6 LICENSE, HAS YOUR LIceNSE BEEN PLACE1..l WITH ANY BROKER? 0, BETWEEN THE TIME TH.l\T YOU FIRST WENT TO
Q. HAS IT BEEN PLACED WITH MORE THAN ONE BROKER? 8 REGARDING PROPERTY INVOLVED IN THIS LAWSUU', WERE YOU AN
15 A. 1575 WEST~OOD BOULEVARD, SUITE 300, LOS ANGELES 15 Q, DID YOU CONTINUE TO WORK IN OTHER EMPLOYMENT"?
16 90024. 16 A. YEs.
19 A. THERE ARE TWO: THE OWNER IS T.J. GILLER.'\N; THE 19 Q. WHAT IS THAT'?
20 MANAGER OF THE OFFlCE. WHICH IS ALSO ,~ BROKER, IS RANDY 20 A.. A R[TAl L ESTA.BLIS~£NT.
24 O. .'fTER YOU GOT YOUR P.EAL ESTATE LICENSE -- 24 A. IT'S A DEPARTMENT STOR ••
25 ExcusE HE -- WHEN WAS IT FIRST PLACeD WITH GILLERAN >5 O. AND WHAT IS YOUR POSITION THERE?
PaIt'IS
4 O. WHEN DID YOU CEASE THAT EMPLOYMENT? 4 CONTRACT HAVE TO BE IN WRITING SIGNED BY THE BUYER AND
A. WHEN DID I BEGIN MY EMPLOYMENT WITI1 BARNEY'S? B A RI'lIL .STATE AGENT roR A PARTY TO A CONTRACT -- STRIKE
10 A. FIVE YEARS PRIOR TO THAT. 10 S.LLER TO A CONTRACT, YOU HAD TO HAVE AN AGRE.MENT IN
13 LICENSE, DID YOU TAKE ANY COURSES THAT DEALT WITH O. AND DID YOU UNDERSTAND THAT AN AGENT'S
,15 A. CAN YOU REPEAT THAT? 15 AN AGREEMENT ENTERED INTO ,OR TH. PURCHASE OR SALE OF
11 THAT YOU TOOK, DID ANY OF THos. COURSES INVOLVE 17 MR. STEIN: I'M GOING TO OBJECT TO THAT BECAUSE IT
1B CONTRACTS FOR THE PURCHASE OR SALE OF PROPERTY? 1B CALLS roR LEGAL CONCLUSION TO BE RENDERED BY HER. ON
19 A. THEY MADE us FAMILIAR WITH THE PURCHASE 19 THE arHER HAND, IF SHE: CAN RESPOND, SHE. SHALL.
23 0, IN CONNECTION WITH THAT COURSE OF STUDY, DID 23 Q. SURE. WHAT I WI\NT TO KNOll IS IN CONNECTION
24 YOU LEARN THAT IN ORDER TO HAV. A CONTRACT !'OR SlILE OF 24 WITH YOUR COURSE OF STUDY, DID YOU LEARN THAT FOR THE
25 PROPERTY, THAT IT HAS TO BE IN WRITING SIGNED BY THE 25 AGENT TO BE AUTHORIZED TO MODIFY ANY CHANGES IN A
2 SELLER HAD TO GIVE THE AGENT THAT AUTHORITY IN WRJT[tfG? MR. Cl..1'NHTNGS: EXHIBIT 1 [S THE NOTICE OF
HR. STEIN: SAME OBJECTION, DEPOS[TION. I'LL HARK AS EXHIBIT 2 THE DOCUHENTS THAi
TilE WITNESS; I DON·T RECALL If' THAT WAS SctlETHING WERE PRODUCED BY 'l'HE DEPONENT AND HAVE BEEN :HARI<ED 50001
a. DID YOU AcT AS YOUR OWN AGENT IN THIS AND I HAVE A COpy FOR HER RIGHT HERE.
10 Q. WAS THERE ANYBODY IN YOUR OFF[CE THAT YOU 10 WERE SUBSEQUENTLY HARKED BY THE REPORTER AS
12 A. IF I nAD QUESTIONS, J WOULD CALL NY MANAGING 12 IDENTIfiCATION AND .&J(E HERETO ATTACHED.)
14 O. .liliD THAT PERSON'S NAME? 14 O. WHERE DID YOU LEARN ABOUT THE PROPERTY AT 320
15 A. RANDY SPAULDING. 15 SOUTH PECK DRIVE IN BEVERLY HILLS BEING AVAILABLE, BEING
I .ALSO WANT TO NOTE FOR THE RECORD THAT I AM 16 LISTED FOR SALE?
20 A. FOR ABOUT A YEAR NOW. 20 A. HE JUST SAID HE WAS TAKING A WALK, AND HE
21 o. SO SQ1ETIME IN 2005 YOU GOt' YOUR LICENSE-! 21 NOTICED THERE ~AS A SIGN FOR A HOME jo'OR SALE ON OUR
22 A_ EITHER 2005 OR TOWARDS THE END OF -- YES, 2005. 22 STREET, AND WE SHOULD TAKE ]I. LOOK AT IT.
25 HR. STEIN: COUNSEL, IS EXHIBIT 1 THE NOT[CE OF 25 O. WHAT DID YOU DO IN ORDER TO TAKE A LOOK AT THE
Pea.c J9 P.,cJO
PROPERTY? ACCOUNT?
2 A. I CHECKED IT OUT ON THE ilLS TO SEE HOW MUCH IT A. I DON'T RECALL EXACTLY HOW MUCH I HAD IN THE
3 WAS BEIt4G SOLD FOR AND LOOKED AT SOME OF THE SPECIFICS ACCOUNT.
ON THE PROPERTY, AND THEN WE WENT TO AN OPEN HOUSE. Q. DO YOU HAVE RECORDS THAT SHOW THOSE AMOUNTS '?
Q. AT THE OPEN HOUSE, WAS THE OWNER OF THE .1\. YES, 1 BELIEVE so.
6 PROPERTY THERE? HR. CUMMINGS: I DON'T BELIEVE THOSE IiERE PRODUCED.
8 0_ liAS A BROKER THERE? MR. STEIN: AT TUE BACK, IN THE LATTER PORTION THERE
9 A. I Doll'T BELIEVE IT WAS THE BROKER. 1 BELIEVE WERE TWO BANI< ACCOUNTS LI STED.
10 IT HAY HAVE BEEN HIS ASSISTANT. 10 MR. CUMMINGS: THEN I ST_I\ND CORRECTED.
11 Q. DO YOU RECALL IIHO WAS THERE FOR THE SELLER'S 11 Q. CAN YOU LOOI< AT THE DOCUMENTS TAAT ARR HARKED
13 A. I BELIEVE IT WAs AN I\SSrSTANT. 13 ARE THOSE THE TWO ACCOUNTS, THE WASHINGTON
Q. DO YOU RECALL THE NAME? 14 MUTUAL ACCOUNT THAT'S IDENTIFIED ON THE S0111 AND THE
16 Q. WAS IT A HAN OR A WOMAN? )6 SO 116 FRett WHAT YOU WERE GOIHG TO HAVE THE SOURCE OF THE
24 A. WELLs FARGO. 24 HR. STEIN: JUST FOR THE RECORD, COUHsEL, THE
25 Q. AND HOW MUCH MONEY DID YOU HAVE IN THAT 25 DOCUMENTS S01104 THROUGH 116 REFLECT TNO DIFFERENT BANK
P.,.:12
1 ACCOUNTS. A. MY MOTHER.
NR. CUMNIN'GS: r DON'T HAVE AN 50114. O. AND WHAT INTEREST DOES YOUR MOTHER HAVE IN [T,
NR. STEIN: IS EVERYBODY MISSING IT? 5 TOGETHER; SO WE BOTH HAVE HOKEY IN IT. ] DON'T R£CAl.L
HR. CUMMINGS: WHY DON'T y~ JUST GIVE IT TO ME, AND O. WHAT BUSINESS ARE YOU IN WITH YOUR MOTHER?
HR. STErN: YES. HERE. cory THIS TOO. 9 DIFFERENT THINGS THAT WE DO TOGETHER. IT'S JUST AN
10 IS THAT THE ONLY PAGE MISSING? 10 AccOUNT WITH 80TH OF OUR NAMES.
II HR. CUMMINGS: J BELl EVE SO. 11 O. ACCORDING TO SO 113 1 THERE W1\S A BALANCE OF
13 BY HR. CUNHINGS: 13 HOW NUCH OF THAT WJlS YOURS, AND IiOH HUcH WAS
15 LET'S GO BACK TO 50112. THAT"S A WASHINGTON MUTUAL 15 A. I DON'T KNOW. I DON'T RECALL.
IB A. I .DCfl·T KNOW. MY HUsBAND HANDLES THE FINANCES. IB Q. WAS IT ALL YOUR MOTHER'S?
22 a. OKAY. AND LooK]NG AT EXHIBIT -- BATES STAMPED 22 Q. ARE THERE ANY RECORDS THAT REFLECT HOW HUCH WAS
23 NUMBERS 50113 AND s0114, WHAT ACCOUNT [S TH.ll,T? 23 YOURS AND HOW MUCH WAS YOUR MOTHER' S?
1---------------------------+------------------------------i
PIIIGU
A. WE WOULDN'T. IF ANYTHING WERE: TO HAPPEN TO HE, O. AND YOU STATED THERE WAS ALSO AN ACCOUNT THAT
2 THE HONEY WoULD GO TO MY MOTHER; VICE VERSA. 2 YOUR HUSBAND HAD AT WASHINGTON MUTUAL THAT WAS
Q. ALL OF IT? HR. STEIN: I DON't HAVE THEN HERE TODAY. I'LL
O. DO YOU NAVE ANY AGREEMENT WITH YOUR HOTHER 1N MR. CUMMINGS: WE HAVE AN AGREEMENT THAT YOU ILL
11 O. WHERE DOES YOUR MOTHER LIVE? 1] HR. cUHMI NGS : TJ1ANK YOU.
15 O. WHAT'S HER ADDRESS? 15 Q. THE ONE THAT YOU Just REFERRED TO AS YOUR
1B O. IS YOUR MOTHER RETIRED, DR DOES SHE WoRJ<? IB O. WHEN YOU E'IRST HADE AN OFFER ON THE PROPERTY --
19 A. SHE NEVER WORKED. 19 1 'M JUST GOING TO REFER TO IT AS THE PECK DR1VE
20 O. THE ADDRESS YOU GAVE ME IS THE PROPERTY THAT 20 PROPERTY, THE PROPERTY AT 320 SOUTH PECI< DRIVE. WHEN
21 SUE OWNS'? 21 YOO FIRST MADE AN OFFER ON THAT PRoPERTY ~ DID YOll H,JI,fCF';
'-=~~~=~~~~=====*":,,Jtiel~F-=J
NlVlE SAMAAN 7/10/06
HlVlESAMAAN 1n"'" Exhibits Volume B
B-252
'-- --L _
Case 05-90374 Document 260-7 Filed in TXSB on 05/08/09 Page 9 of 35
Case 2:08-cv-01550 p-cw t:ilnrl (
,"-vvu I a~lJ <::'0 UI ;:JU
....,.
1 YOUR NAME ANI) YOUR HUSBAND'S NAME? A. SOME OF THEM, I BELIEVE.
Q. IS THERE ANY REASON FOR THAT"? 3 HATT£R THAT YOU "AVEN'T PROVIDED TO YOUR ATTORNE'{1
A. WE WERE BOTH GOING To LIVE IN IT TOGETHER. '1 CHRONOUX;lcALI,.Y FROM THE BEGINNING TO THE END. 1 ' M JUST
O. DID YOU INTEND TO TAKE TITLE TO IT IN YOUR NAME 8 GOING TO, Bi\SICALLY, BE ASKING YOU A SERIES OF QUESTIoNS
9 ALoNE? 9 THAT SAY WHAT'S THE NEXT THING THAT OCCURRED, AND WE'LL
II o. Dr D YOUR HUSBAND EVER FI LL OUT A LOAN 11 CONVERSATIONS YOU HAD WITH PEOPLE. I'M NOT ASKING YOU
12 APPLICATION IN CONNECTION WIT'H THE ACQUISITION OF THAT 12 FOR CONVER.SATION'S YOU HAD WITH YOUR ATTORNEY ON
14 A. WHAT DO YOU MEAN? 14 BE7HEEN YOU AND YOUR ATTORNEY; SO WE' LL AGREE THAT THOSE
15 o. oro HE EVER SIGN A LOAN APP FOR THE PECK DRIVE 15 ARE NOT BEING CALLED FOR BY ANY Of MY QUESTIONS. OKAY",?
19 EXHIBIT 2~ THIS STACK OF DOCUMENTS THAT COUNSEL )9 o. OKAY. NOW, YOU WENT TO THE OPEN nOUSE. l\ND WAS
20 PROVIDED, DID THESE COME FROM YOU? WERE THEY YOUR '0 IT ON A SUNDAY OR SATURDAY?
21 PERSONAL FILE ON THE MATTER? 21 A. I DON'T KNOW WHAT DATE THAT WAS.
25 Q. DID You PROVIDE THEM TO YOUR ATTORNEY? 25 DID YOU PICK UP A FLIER ON 'THE PROPERTY?
I'ltgc2'J
A. I BELIEVE I ALREADY HAD A FLIER. I HAD PRINTED Q. DID YOU PREPARE THE OfFER?
O. DIn YOU SPE.bJ< TO THE PERSON WHO -- MR. LIBOW'S Q. DID YOU DO IT AT YOUR OFFICE?
A. NO. ) BELIEVE SHE JUST ASKEW IF WE HAD ANY o. 01 D YOU HAVE THE FORM AT HOME'?
9 US. AND THAT WAS IT. o. WAS ON IT YOUR COMPUTER, OR WAS IT A HARD COPY?
12 O. AT TlfAT TIME DID YOU DECIDE TO MARE AN OFfER? 12 009. woULD YOU LOOK AT ALL OF THOSE.
16 O. DID YOU AND YOUR HUSBAND BOTH WALl< THROUGH IT? 16 Q. YOUR OFFER REQUESTED TIIAT THE SELLER CARRY BACH
18 Q. DID ANYBODY ELSE ACcmpANY YOU? 18 A. AT WHAT POINT ARE YOU REFERRING TO 'ON THE
19 A. NO. 19 DOCUMENT'!'
20 o. AfTER YOU WALKED THROUGH AND BEFORE SUBMITTING 20 o. PARAGRAPH 2-0 ON PAGE 2, 0002.
2l THE OFFER, DID YOU DISCUSS SUBMITTING AN OFFER TO 21 DR WERE YOU GOING TO GET A SECOND DEED OF TRUST
23 A. NO. 23 A. YES.
24 O. -- WITH ANYBODY ELSE? 24 o. so YOU WERE GOING TO GET A Flfl.ST TRUST DEED FOR
A. I BELIEVE SO. Q. (}lU 'tOO KNOW THE PERSON WHO WAS HIS ASSISTANT
O. AND YOU WERE GO[NG TO DEPOSIT $161,000 '2 AT THE oPEN HOUSE BEFORE. THIS TRANSACTION?
9 THIS TRANSACTION. MIcHAEL LlBOW AND COLDWELL BANKER WERE O. NON. IS THAT SCHETHING THAT YOU RECEIVED BACK
lJ A. YES. 11 A. YES.
12 O. AND P.a.GE SOOlD AND 50011, DID YOU PREPARE THAT 12 Q. OKAY. FIRST OF ALL. DID YOU SUBMIT YOUR OFfER
15 o. Dr 0 YOU SUBNIT TRAT AT THE TIME YOU SUBMITTED 15 HR. CUMMINGS ~ YEs.
18 Q. NOW. DID YOU SUBMIT THAT OFFER IN PERSON TO 18 Q. THEN YOU'VE GOT A RESPONSE BACK oN SEPTEM8ER 10
21 Q. ALL Rl GHT . Dr D YOU CALL MR. LIBOW' UP BEFORE 21 Q. WAS THAT FAXED TO YOUR OFFICE OR YOUR HCME?
23 A. I DON'T RECALL IF I CALLED HIM BEFORE OR AFTER. 23 Q. TO YOUR RECOLLECTION, WEP.E THERE ANY FAXES FRCN
24 O. DID YOU KNOW MR. LIBQW BEFORE THIS TRANSl,CTION? 24 MR. LIBQW TO YOUR OFf"ICE IN CONNECTION WITH THIS HATTER,
Pn,:c.11
A. J BELIEVE THEY ALL WENT TO MY HCHE, WHICH IS MY O. WHAT DOES IT 00 AS FAR AS THE DEPOSIT?
O. WELL, IT'S NOT THE GILLERAN GRIFFIN OFFICE? O. WffAT DOes IT 00 AS FAR AS TH& LOAN TERMS?
A. NO, IT'S NOT. BUT IT IS WHERE I WORX OUT OF. A. READING WHJ\T IT SAYS, IT SAYS ""LOAN TO BE
O. YOU WORK OUT OF THERE FOR YOUR COSMETIC WORK? S. OBTAINED AT MARKET RATES AND TERMS. PI
A. FOR MY REAL EsTATE WORK. IF J DID .\NY Q. DID YOU ALSO RECE1VE FROM HR. LIBON AN ADDENDUM
9 TRANSACTION, BECAUSE EVERYTHING MAS ON MY CetofPUTER AT' 9 TO RUL ESTATE PURCHASE AGREEMENT THAT HAD CERTAIN
10 HOME. ]Q DISCLOSURES?
12 A. BUT I WOULD ALSO no COSHETIC WORK OUTSIDE OF 12 Q. AND YOU RECEIVED THA'l" ON SEPTEMBER 10, 2004;
15 o. NOW, YOUR OFFER WAS FUR 1.610,000; CORRECT? 15 Q. THElt BETWEEN SUBMITTING THE OFFER TO HR. LIBOW
17 Q. THEN YOU RECEIVED A COUNTER OFFER, WHrCH rs 17 ON SEPTEMBER 10, DID YOU SPEAJ( TO HR. LIBOH?
19 THAT'S PAGES 50014 AND -- 50014; CORRECT? 19 0- WOULD IT BE CORRECT THA'T If YOU DID SPEAJ< TO
20 A. YES. 20 HIM DURING THAT TIME, YOU DQN'T RECALL ANYTHING ABOUT
22 PRICE? -1 7- 22 A. YES..
P31~JJ
O. LET ME GIVE YOlI AN EXAMPLE. If I AsKED YOU HOW O. DIn YOU SIMPLY SIGN THE ONE THAT HR'. LlBOW HAD
4 MUCH MONEY WAS IN YOUR WALLET, YOU MIGHT HAVE AN SENT YOU AND SEND [T BACK?
5 ESTIMATE. IF I ASKED YOU HOW HUCH MONEY WAS IN YOUR A. I SIGNED IT. AND 1 MARKED WITH AN "X," SUBJECT
6 ATTORNEY' S WALLET. I WQULU PRESUME THAT WaUL:"- 8E .'\ 6 TO THE A1TAcHEU COUNTER OFFER. I SENT A COUNTER OFFER
H'OULD THAT 8E A FAIR STATEMENT? Q. AND THE ATTACHED COUNTER OFFER IS SO:Ol7'?
A. YES. A. YES.
10 O. OKAY. AND I F" I ASJ<[D YOu HOW LONG THIS TABLE 10 O. THE ONLY SUBSTANTIVE CRANGE W'AS THE cHANGE IN
11 WAS, YOU couLD PROBABLY GIVE HE AN ESTIMATE, BUT U' I 11 THE AMOUNT OF THE DEPOSIT AND WHEN THE DEPOSIT WOULD BE
12 ASKED YOU HOW LONG THE TABLE WAS IN THE CONFERElt'CE ROClH 12 HADE?
13 ON THE OTHER SIDE OF THE OFFICE THAT YOU'VE "'EVER BEEN 13 A. YES.
14 IN~ THAT woULD BE A GUESS; CORRECT? 14 O. AND THE INITIAL DEPOSIT, DID YOU UNDERSTAND
IS A. YES. 15 THA.T TO BE THE DEPOSIT AT THE: TINE THAT yOU SUBMIT THE
17 SPECIFICALLY, TO STATE YOUR RESPONSE IN TERMS OF AN 17 A. ! 'M SORRY. I DON'T UNDERSTAND THE QUESTION.
18 ESTIMATE, BUT I AM ENTITLED TO AN ES7IMATE, IF YOU HAVE 18 Q. 1 'M LOOKING AT SOOI1. UNDER ITEM c, IT SAYS,
19 AN ESTIMATE. IF YOU DON'T HAVE AN ESTIMATE AND IT WOULD 19 "ITEM 2. INrTIAL DEPOSIT' TO BE 15,000 iUTH INCREASED
20 JUST BE A TOTAL GUESS, I DON'T WANT THAT, AND I'M: NOT 20 DEPOSIT OF AN' ADD.tTIONAL 15,000 WITHIN H DAYS FROH
22 REQUESTING YOU TO GIVE ME YOUR BEST ESTIMATE BECAUsE 22 WHEN DID YOU UNDERSTAND THE INITIAL DEPOSIT TO
23 PEOPLE DO NOT RECALL THINGS WI'!'H 100 PERCENT CERTAINTY~ 23 BE OUE? IS THAT WITH THE ACCEPTAHCF,?
24 AT LEAST MOST PEOPLE DON'T; AND .. THEREFORE .. IT ]S NORMAL 24 A. YES. THAT WAS MY UNDERSTANDING.
25 FoR PEOPLE TO GIVE ESTIMATES. 25 Q. AND THEN 1S,000 ADDITIONAL DEPOSIT WOULD BE DUE.
1 14 DAYS AM'ER THE: ACCEPTANCE; CORRECT? WHAT STOCK WERE YOU LIQUIDATING'?
7 MR. LIBOW WITH YOUR FAX TII1\T CONTAINED THE PAGES SOOIS Q. WAS THAT STOCK THAT WAS OWNED BY YOU?
A. lIRE YOU ASKING IF I ATTACHED HIS COUNTER OFFER Q. DID YOU SPEAK TO MR. I.IBQW BETWEEN tHE TIME
10 AS WELL? I HAVE s19 THROUGH S21. 10 THAT YOU RECEIVED THE COUNTER OFFER NO. 1 FROM
11 Q. TIl1\T'S EXACTLY WII1\T I'M ASKING. THEY'RE JILL II DR. ZERNIK ON SEPTEMBER to UNTIL YOU SENT YOUR COUNTER
12 STAPLED TOGETHER, lIND I DIDN' T STAPLE THEM. 12 OFFER NO. 1 -- OR COUNTER OFFER NO. 2 BACl< TO HR. LIQOW1
15 MR. STEIN: I'M THE ONE THAT STAPLED THEM. 15 HIH~ THAT YOU DoN"T RECALL THAT --
19 BECAUSE IT SAYS FOUR PAGES ON THE COVER SHEET, AND THEN 19 Q. NOW, ON PAGE -- YOUR COVER SHEET. ON 50018, oN
20 THERE'S THREE PAGES ATTACHED TO IT. AND I'M WONDERING 20 YoUR FAX, I1's DATED SEPTEMBER 10, BUT 1 HOTE THAT ON
21 IF THIS PACI<AGE FROM SOOlS THROUGH 50021 WENT BlIct< TO 21 PAGE S0020, WHICH HAS YOUR NAME ON IT, IT'S DATED
24 Q. O}(AV. AND YOU MENTIONED THERE, "I'M 2. O. so DID YOU SEND nus BACK? DID YoU SEND PAGES
25 LIQUIDATING STOCK FOR THE DOWN PAYMENT.' 25 50018 THROUGH 50021 BACK TO MR. LIBOW ON SEPTEMBER 11,
A. PROBABLY SO.
2004. /lAU YO\J EVEK MET MICIIAEL LIBOW?
O. TURNING NOW TO PAGE 50022, DID YOU sEND THAT TO Q. SO WOULD IT BE CORRECT THAT ALL yOUR
6 HR. LIBOW ON SEP'l'EMBER J 3? 6 CClHMUNICATIQNS WITH HR. LIBQW HAO EITHER BEEN IN WRITING
9 OF YOUR OFFER; CORRECT? O. HAVE YOU TOLD ME EVERYTHING YOU RECALL ABOUT
II O. THAT DEADLINE BEING 12:00 P.M. ON SEPTEMOE:R 14, 11 INCLUDING SEPTEMBER 13, 20041
13 A. YES. 13 O. YOU MENTIONED THAT YOU HAD TOLD HR. LIBON THAT
14 O. THEN DID YOU HAVE UP TO THIS PERIOD OF TIME 14 YOU WOULD BE LEAVING THE COUNTRY TO GET MARRIED, AND
15 WHEN YOU SENT THE FAX OF SEPTEMBER 13, 2004 -- DID YOU 15 YOU WANTED TO GET THIS FINALIZED B£FORE YOU LEFT.
19 A. NOT EXACTLY, BUT I'M ESTIMATING TH.b,T 1 TOLD HIM 19 O. HAD HE TOLD YOU ANYTHING ELSE?
20 THAT I DIOO',. WANT TO BE DEALING WITH THIS WHEN I LEFT 20 A. I BELIEVE HE HAD TOLD HE THAT THEY HAD ANOTHER
21 OOT OF TOWN TO GET MARRIED; SO WE DID NEED TO TAKE CARE 21 CLIENT THAT NJ\S INTERESTED IN THE PROPERTY, AND THEY
22 OF THIS AS SOON AS POSSIBLE:. 22 WERE TRYING TO DECIDE BETWEEN US, THAT THEY HAD ANOTHER
25 O. UP TO THIS DATE -- POINT IN TIME, SEPTEMBER 13, 25 TOLD YOU OR YoU HAD TOLD MR. LIBOW UP THRoUGH AND
... YoUR OFFICE MEANING THE G1LLERAN GRIFFIN OFFICE -- A. THE LOAN OFFICER.
5 REGARDING THIS TRANS.!\.CTION UP THROUGH THE TIME PERIOD of Q. WHO DOEs HE WoRK WITH?
6 SEPTEMBER 13, 20041" A. I 000' T KNOW. I BELl EVE HE WORKS FoR HIMSELF.
A. ONLY I f I WOULD HAVE HAD QUESTIONS ON WORDING Q. HAD YOU EVER DEALT WI TH VICTOR PARKS ON ANY
B AND HOW TO DO A COUNTER OFFER AND THINGS OF THAT NATURE B MA'M'ER PRIOR TO THIS TRANSACTION.
9 BECAUSE I HAD NEVER WRITTEN UP AN OFf"ER BEFORE; SO I 9 A. HE'S RELATED TO M'l HUSBAND.
14 HOW TO DO A COUNTER OffER? 14 Q. IJOES HE AND VICTQR PARK WORK IN THE SAME
15 A. UM-HUH. 15 OFFICE?
19 OTHER ASPECTS OF THE TRANSACTION UP THROUGH AND 19 Q. I MEAN 00 THEY HAVE A JOINT BUSINESS?
23 A LOAN FoR THE PROPERTY UP THROUGH AND INCLUDING 23 Q. IS DELTA PACIFIC A MORTGAGE LOAN BROKER?
Exhibits Volume B
B-256
Case 05-90374 Document 260-7 Filed in TXSB on 05/08/09 Page 13 of 35
Case 2:08-cv-0155( .P-cw Document 40-3 Filed l 7/2008 Page 32 of 50
8 Q. DO YOU KNOW WHO RUNS THE CC!'fPANY? o. SO WAS THAT BETWEEN SE.PTEMBER 13, 200", AND
10 Q. OTHER THAN YOUR HUSBAND AND VICTOR PARKS, HAVE 10 A. I WOULD ASSUME IT IS.
11 YOU EVER SPoKEN TO ANYONE ELSE WHO HAS ANY CONNECTION II Q. WAS THAT ONE CONVERSATION OR HORE THAN ONE
16 Q. HAVE YOU EVER BEEN 'TO THEIR OFFICES? 16 Q. 00 YOU RECALL THE SUBSTANCE or THE
17 A. NO. 17 CONVERSATION?
1B Q. oro YOU SPEAJ< TO VICTOR PARKS REGARDING THIS 18 A. I CAN ESTIMATE WHAT HE SAID, WHICH WOULD BE
19 TRANSACTION? ]9 THAT WHEN I MADE AN OFFER FOR THI S PROPERTY, I HAD TOLD
21 O. ALL THAT WAS HANDLED BY YOUR HUSBAND? 21 HARRIED, AND THAT r WOULD NEED THE ACCEPTANCE DATE TO BE
22 A. YES. 2.2 PUSHED FORWARD ONE WEEK BECAUsE I WOULD NOT BE ABLE TO
24 SQHETHING 'fHAT YOU SEN'f 'fO MR. LIBOW ON SEPTEMBER 16? 2' O. OKAY. so WOULD IT BE CORRECT TftAT .AS or
25 A. YES. 25 SEPTEMBER 16, 2004, YOU KNEW THAT YOU COULDN'T MEET YOUR
)1D-J71·U II SOUSA COURT REPORTERS 714.j'110011I JI00312-1111 SOUSA COURT REPoRTERS 11M1I.oIII
......
1 OBLiGATIONS UNDER THE COUNTER OFFER THAT YOU HAD SENT Q. 'rOU SAY THAT HR. LIBOW TOLD YOU THAT DR. ZERNIK
2 BACK TO DR. Z&RNIK UNLESS DR. ZERNIK AGREED TO AMEND THE 2 WOULD AGREE TO AMEND THE ACCEPTANCE DATE TO
Q. OlD YOU PREPARE THE AMENDMENT THAT HAS SENT 5 JUST GO BACK FOR A MINUTE.
6 OH -- THAT'S PAGE 50024 AND OATED SEPTEMBER 16, 200f? WHEN I HAD SENT THE CANCELED -- THE
10 O. DID YOU EVER RECEIVE A SIGNED COPY OF TIL~T FROM 10 I TOLD HIM I WOU1D NOT BE ABLE To MEET MY
13 O. DID HR. LIBOW TELL YOU DR. ZERNIK HAD SIGNED 13 TO HE THE NEXT DAY, AND I TOLD HIli I WASN'T SORE IF I
16 O. DID YOU EVER ASK HR. LIBOW IF DR. ZERNIK HAD 16 BE DEALING WITH THIS WHILE I WAS AWAY ON MY HONEYNOON ~
18 A. NO, BECAUSE HE ST.~TED THAT HE WOULD AGREE TO 18 tliM THAT I WOULD NEED THE ACCEPTANCE DATE TO BE AMENDED
19 IT. 19 FOR ONE WEEK ~ AFTER I RETURNED -- YES, ONE WEEK. I WAS
20 O. WHO STATED HE WOULD AGREE TO IT? 20 RETURNING ON THE 23RO; SO J NEEDED THE ACCEPTANCE To
21 A. MICHAEL LU3ON. 21 START ON THAi n)\n: BEC.AUSE I WOULD NOT BE ABLE TO MEET
22 O. DID MICHAEL LIBOW TELL YOU HE HAD WRITTEN -1 to- 22 MY OBLIGATIONS. AND I TOLD HIM THAT, YOU KNOW, I HAS
23 AUTHORIZAT[ON FROM DR. ZERNIK TO AGREE TO TIIAT? 23 GOING TO SEND HIH A WRITTEN AGREEMENT THAT I WANTED TO
A. NO. HE NEVER TALKED ABOUT WRITTEN 24 BE SIGNED, AND HE SAID A WRITTEN AGREEMENT ]S NOT
......
iHEN ON THE -- ON THE 16TH -- SO THIS WAS THE 1 BY HR. CUMMINGS:
MORNING BECAUSE HE FAXED TO lifo THE ACCEPTANCE. ON THE Q. DOES THAT HAVE DR. ZERMIK'S SIGNATURE ON IT?
Q. WHERE. 1S TH.~T ACCEPTANCE? Q. NON. YOU HAVE A FAX HERE. FlRST OF ALL, THE
A. WHAT AccEPT.l\NCE: ARE YOU REFERRING TO? 9 Q. YOU IIAVE A COVER SHEET FROO THE FAIRMONT IN KEA
BASICALLY, SAID THEY WERE ACCEPTING MY OFFER, AND THAT 13 THAT'S PAGE $00257
14 WE WERE -- 14 A. YES.
15 O. WHAT DOCUMENT ARE YOU REFERRING TO? 15 O. DID YOU THEN INITIAL "N.S .... THE CONFIRMATION
18
Q. C.l\N YOU SHOW ME WU£RE TilEY FAXED YOU A DocUMENT
Q.
YES.
'0 A. I DON'T UNDERSTAND WHAT YOU'RE SAYING. 20 A. YES, ONLY ArTER THE AGREEMENT VERBALLV ON THE
21 O. WELL, YOU -- 21 PHONE WITH MR. LISOW THAT THE ACCEPTANcE DATE WOULD 81:
22 MR. STEIN: THIS DOCUMENT HERE. THIS IS WHAT HE's 22 PUSHED BACK ONE HEEK.
24 THE WITNESS; COUNTER OFfER 2. 24 WRITTEN CONFIRMATION AS or SEPTEMBER 16, 200-4, THAT
......
DATE BJ\C~ ONE WEE~? HR. STEIN: I'M GOING TO OBJECT BECAUsE IT MISSfATf;S
A. YES, ONLY BECAUSE I WAS TOLD BY MICHAEL LIBOW, 2 OR MISCHARACTERIZEs THE PRODUCTION' THAT SHE'S PROVIDED.
WHICH IS MR. ZERNIK'S AGEN'!'. THAT ['1' WOUl.D NO'!' BE A MR. CUMMINGS: I'LL WITHDRAW THE QUESTION.
PROBLEM IF 1 NEEDED THE DATE PUSHED BACK, THAT HIS Q. LET'S GO THROUGH THEM ONE BY ONE. NOW, IT SAYS
CLI EN'!' WOULD AGREE AND ACCOMMODATE THAT. S HERE ON THE ONE THAT'S SEPTEMBER 2B, 2004, TKAT THEY
Q. CAN YOU LOO~ AT PAGES S0027 THROUGH S0038, 6 ESTIMATE FINAL LOAN APPROVAL IN TEN BUSINESS DAYS.
TELL HE WHAT THOSE ARE. GENERALLY DESCRIBE WHAT THOSE DO You SEE '1'HAT1
ARE. A. YES.
A. CORRESPONDENCE FROM VICTOR PARKS TO MICHAEL O. WERE YoU AWARE OF THAT E-MAIL ON OR ABOUT
11 Q. DID YOU RECEIVE COPIES OF EACH OF THESE -- ARE 11 A. I'M SURE I WAS MADE AWARE or THAT.
12 TIlE:SE ALL E-MAILS? 12 O. DID VICTOR PARKS JUST GIVE COPIES OF THESE
13 A. YES, I BELIEVE so. 13 E-HAILS TO YOUR HUSBJl,ND? IS THAT HoW YOU WERE HADE
15 MR. STEIN: VAGUE AND J\MJlIGUOUS AS TO WHEN YOU'RE 15 A. MY HUSBANO WAS ASSISTING WITH THE LOANi SO THAT
18 Q. CONTEMPORANEOUSLY WITH THE E-IlAILS BE rNG SEN'!'. 18 THE LOAN WERE THROUGH YOUR HUSBAND?
20 COPIES OF THESE E-MAILS? 20 O. AND HE AND MR. PARKs WORKED TOGETHER, AND THEY
21 A. I WAS MADE AWARE OF THE E-MA1LS. I DON'T 21 WERE DOING WHATEVER THEY DO TO oBTAIN A LOAN C~lTMENT;
24 THESE ALL THE E-MAILS THAT YOU'RE AWARE OF BETWEEN 24 O. AND YOU UNDERSTOOD YOU HAD TO OBTAIN A LOAN
2S VICTOR PARKS AND MR. LIBOW'? 25 COiIlITMENT TIIAT WOULD BE FOR AN 80 PERCENT LOAN rOR THE
1 FIRST lJEEil OF TRUST ANU A 10 PERCENT LOAN FOR THE. SECONU O. WELL, WHAT 1 'H SAYING IS OIl) YOU UN[)ERSTANO
2 DEED OF TRUST; CORRECT? '2 THAT you WERE GOING TO INCREASE TliE AMOUNT OF THE DOWN
A. IF THAT's WHAT IT SAYS. I'M NOT A LOAN J PAYMENT; INSTEAD OF PUTTING 10 PERCEKT DOWN, THAT 'tou
4 OFFICER. I DON'T KNOW MUCH ABOUT TKAT. -4 WERE GOING TO BE PUTTING DOWN MORE HONEY TO INCREASE THE
5 Q. THE COUNTER OFFER HAS FOR L ll~,OOO; CORRECT? 5 PURCHASE ('"RICE TO 1,71B,OOO?
O. LET'S MA}(E SURE. LOOKING AT PAGE 50014 -- O. SO THE AMOUNT OF THE FIRST TRUST DEED LOAN WAS
11 O. AND YOUR ORIGINAL OFFER WAS FOR A 10 PERCENT 11 WAS GOING TO REMAIN AT 161,000; CORRECT?
13 AND A 10 PERCENT SECOND TRUST DEED LOAN; CORRECT? 13 Q. BUT THE DOWN PAYMENT WAS GOING TO INCREASE TO
15 O. AND DID 'iOU UNDERSTAND THAT EVEN THOUGH THE 15 CORRECT? THE 01 Ff"EREHCE BETWEEN THE PURCHASE PRICE OF
16 PURCHASE PRICE WAS BEING INCREASED TO 1,718,000, THAT 16 l, 610, 000 AND 1,118, DaD"?
11 YOU WOULD STILL PUT DOWN 10 PERCENT DOWN, II.D,VE. AN 17 A. RIGHT. WELL, IT WAS GOING TO INCREASE -- THE
18 80 PERCENT FIRST TRUST DEED LOAN AND ]!I, lO PERCENT SECOND 18 PURCHASE PRICE I NCREASE.D To COVER OUR CLOSING COST or
19 TRUST DEED LOAN? 19 $ JU, OOU. THAT'S WHAT WE HAD REQUESTED.
22 TKAT WAS YOUR UNDERSTANDING Of' THE TRANS.\CTION; 22 o. WHAT I WANT TO KNOW IS I WANT TO KNOW YOUR
f - - - - - - - - - - - - - - - - - - - - - - - - + - - - - .. ~·----------------------I
O. I DON'T MEAN THE INITIAL DEPOSIT. I MEAN THE o. WHAT'S YOUR UND&RSTANDING AS TO THE AMOUNT OF
J TOTAL CASH, THE AMOUNT OF MONEY THAT yOU WEREN'T ) FIRST TRUST DEED LOAN? HAS [T GOING TO BE 80 PERCENT OF
.. BORROWING. I WANT TO KNOW THE AMOUNT OF MONEY YOU WERE " THAT AMOUNT OR SQHE OTHER mOUNT?
6 CALCULATE IT, THAT'S FINE. o. WHAT WAS YOUR UNDERSTANDING AS TO THE seCOND
A. 1 CAN'T CALCULATE IT BECAUSE I DON"r KNOW HOW 7 TRUST DEED LClA.H? WAS IT GOING TO BE 10 PERCENT or
10 O. HELL, WAS THE fIRST TRUST OEED LOAN GOING TO BE 10 O. WHAr's YOUR U!'JDERST1WDIHG AS TO THE AMoUNT OF
11 MORE TftAN 1,336, OOO? 11 CASH THAT WAS GOING TO BE. PAID BY yOU THROUGH ESCROW
12 A. THAT'S WHAT IT SAYS. I GUESS NOT. 12 THAT HAS NOT BEING OBTAINED FROM EITHER THE FIRST OR
13 O. LET'S BACf( UP. I'M ASKING FOR YOUR 13 SECOND TRUST DEED LOAN?
16 HR. STEIN: I'M ONLY GOING TO OBJECT BECAUSE OF WHAT 16 O. YES. THE AMOUNT.
17 SHE HAS PERSONAII KNOHLEDGE OF -- THAT HE'S ASKING YOU TO 17 A. OH, I DON'T KNOW WHAT THE AMOUNT WAS GOING TO
19 IF YOU DON'T HAVE PERSONAL KNOWLEDG£, THEN -- 19 Q. DO YOU KNOW HOW IT WAS GOING TO BE CALCULATED?
21 WHAT 1 1 M LOOKING AT. 21 O. HOW DID You KNOW HOW MUCH MONEY YOU WERE GOING
24 o. I S IT YOUR UNDERSTANDI NG THAT THE PURCHASE 24 0.. DID YOU EVER TELL HR. LI80W THAT YOU DIM IT
25 PRICE WAS GOING TO 8E 1.119,0007 25 KNOW HOW HUCH CASH YOU WOULD BE PUTTING THROUGH ESCROW
PJacj)
TO CLOSE THE HATTER? A. J HAll KNOWLElJGE of WHAT WAS GOING ON WITH THE
O. DID YOU EVER PUT ANYTHING IN WRITING TO o. NOW, ~HEN IT SAYS HERE, "WE WERE TOLD THE
MR. LIBOW INDICATING YOU DION IT KNOW HOW MUCH MONEY of CONTINGENCY STARTS FROM THE 2JRD," AS OF SEPTEMBER 28,
WOULD BE REQUIRED TO BE DEPOSITED IN CAsH FR.C»t YOU TO 5 2004, IS IT CORRECT THAT YOU HAD NEVER REcEIVED WRITTEN
Q. DID YOU EVER NOTIFY DR. ZERNlr< THAT 'VOU DIDN'T 8 LOOK -- THANK YOU. ASK IT AGAIN. I GOT LOST. I'M
KNOW HOW MUCH CASH YOU WOULD NEED IN ORDER TO CLOSE 9 SAYING WHERE IN THE HELL IS THF. 23RD.
15 O. DID YOU TeLL Mft. LIBOW THAT YOUR FIANCE DR YOUR 15 DO YOU SEE THAT?
16 O. DID YOU EVER NOTIFY JOSEPH ZERNIK THAT VOUR 18 ABOUT SEPTEMBER 28, 200041
19 HUSBAND WAS WORKING WITH VICTOR PARKS TO OBTAIN THE LOAN 19 A. NO. I PRoBABLY JUST SAW 1'1". I DON'T .KNOW IF I
21 A. 1 HAD NEVER SPOKEN OR NOTlrIED MR. ZERNIK 21 a. WHEN YOU SAY YOU SAW IT, WHAT DO YOU MEAN? DID
23 O. NOW, YOU SEE THE SECOND PAGE, PAGE 50028. WERE 23 A. MY HUSBAND WAS HANDLrNG THE TRANSACTION: SO HE
A. I DOO I T KNOW I F HE BROUGHT THEM HOME OR NOT. a. ARE YOU ABLE TO ACCESS Gl LLERAN GRI FFIN THROUGH
RECALL HIM BRINGING THEM Hc::foiE AND YOU LOOKING AT THEM? A. YES.
A. YES. MY HUSBAND WORKS OUT OF THE HOUSE AT O. THROUGH YOUR CQHPUTER AT HOME?
O. OKAY. SO WOULD IT BE CORRECT TO SAY THAT YOU O. 1 S YOUR HUS8AND ABLE TO ACCESS PACIFIC MORTGAGE
HAD ACCESS TO THE E-HAILS THAT WERE HARKED 50027 AND 1 CONSULTANTS' CCMPUTERS THROUGH HIS CctiPUTER IN YOUR
50028? B APARTMENT?
A. YES. A. YES.
10 o. YOU 5."Y YOU HAVE .1IJf OFFICE, .~D THIS IS IN THE 10 O. SO IS IT CORRECT THA'[' IT'S YOUR UNDERSTANDING,
11 APARTMENT WHERE YOU AND YOUR HUSBAND LIVE; CORRECT? 11 BASED UPQH WHAT NR. L] BOW TOLD YOU, THAT ALL THE
14 00 YOU HAVE TWO OFFICES'? 14 Q. AND THAT'S WHAT YOU HAD AGREED TO; COJl.RECT1
15 A. YEs. He ALSO HAS AN OfTICE AT HIS COMPANY. 15 A. SEPTEMBER 23. 200 .. , YES.
16 Q. DOES HE USE AN OFFICE IN THE HOME? 16 Q. 00 YOU SEE THE e-MAIL OF OCTOBER S, 2004,
17 A. YES. 17 S0029?
20 Q. DO YOU BOTH USE THE SANg ccttPUTER OR SEPARATE 20 NOW, HAD YOU HAD ANY DIRECT CONTACT WITH
21 CON.PUTERS? 21 ESCROW?
23 O. AND YOUR COMPUTER IS NETWORKED WITH GI LLERAN 23 O. WHEN WAS THE FIRST TIME YOU HAD ANY DIRECT
P3gc57 hac;1
O. 'AA.S IT BEFORE YOU WENT TO HA\'fAII"? THE eSCROW orfICE BY THE NEXT lJAY. WHICH WAS THE 24TH.
A. [DON'T BELIEVE so. so J DID !lOT 5PEAf< TO HTM UNTIL THE nEXT DAY OF 'rHE 24TH
Q. WHO DID YOU SPEAK TO AT MARA ESCROW? AND TOLD HIM THAT I COULD HAVE THE CHECK AT ESCRCM BUT
A. GAIL HERSHOWITZ. THAT THERE WOULD BE }\ HOLD ON THE FUNDS BECAUSE I W.a.8
A. 1 MAY HAVE SPOKEN TO ANOTHER LADY .&.T ONE PQIN'l'. GIVE THEM THE CHECK. BUT THEY HERE TO HOLU IT FOR A
O. AND DID YOU SPEAR TO GAIL HERSKOWITZ BEFORE YOU AND THEN AT THAT TIME I SPOKE TO -- I ALSO
RETURNED f'RC1'4: HAWAII? CALLED GAIL H£RSHOWITZ TO LET HER KNOW THAT EXACT THING.
10 A. NO. 10 so HE KAO TOLD M:E JUST TAKE THE CHECK IN THERE, AND WHEN
11 Q. WHeN YOU GOT BACK FRC« HAWAJ I. WHEN 1 S THE 11 I SPOKE TO GAIL, I -- I TOLl) HER THAT THAT WA5 GOING TO
12 FIRST TIME YOU SPOKE TO GAIL HERSHOWITZ? YOU RETURNED 12 BE THE CASE AND THAT THE CHECK COULD NOT BE DEPOSITED
13 FROM HAWAII ON SEPTEMBER 23; ]5 THAT CORRECT? 13 BECAUSE THE FUNDS WOULD NOT BE AVAILABLE If SHE DID, AND
14 !MR. ZERNIK LEFT THE DEPOSITION ROOM. t 14 SHE SAID, "THAT'S NOT A PROBLEM, EVEN IF WE DID" -- IF
15 THE WITNESS: YES, IN THE LATE EVENING. lS IT DID -- IF IT DID BOUNCE, THEY JUST REDEPOSIT, BUT I
16 BY MR. CUMMINGS: )6 TOLD HER I DID NOT W1\NT THAT TO HAPPEN; so SHE SAID SHE
20 O. WHAT DID 'IOU SAY TO MS. HERSKOWITZ. AND WHAT 20 Jl.. ON THE PHONE.
21 DID SHE SNf TO YOU? 21 O. DID yOU OEL1VE.R THE CHECK THE NEXT -- ON THE
22 A. WELL. LET ME BACK UP. I HAD A VOICE MAIL 22 24TH TO MARA ESCROW?
23 MESSAGE ON MY CELL PKQNE FR~ MICHAEL LIBOW THE EVENING 23 A. NO. WHAT HAPPENED WAS MICHAEL LIBOW WAS
24 THAT I RETURNED, WHICH WAS THE 23RD, .:wn HE STATED THAT 24 ADAMANT THAT THE CHECK BE GIVEN TO HIS ASSISTANT AND
2S THEY NEEDED TO MAVE THE INITIAL DEPOSIT OF' $15,000 AT 25 TAKEN TO HIS ASSISTANT'S HOME. so WE DID THAT ON THE
PlJctiO
EVEnING OF THE 24TH. MR. STEIN: CAli WE GET ONE: MOP.E COPY, PLEASE'? THANK
DID NOT TlIKE THE CHECK. MY HUSBAND TOOK THE CHECK. Q. IS THAT A COPY OF THE CHECR THAT YOO GAVE TO
A. NO. I IiIlS NEVER THERE. A. IT WASH °T GIVEN TO MARA ESCROW. IT WAS GIVEN
MR. STEIN: YES. I THINK. ACTUALLY. IT'S NOT IN Q. AND IS IT CORRECT THAT AT THE: TIME YOU WROTE
HERE. IT'S In THE MARA ESCROW DOCUMENTS THAT THEY THE CHECK, YOU KNEW THAT IF' IT WAS DEPOSITED ON
13 MR. CUMMINGS: LET ME H1\RK AS EXHIBIT 3 A COPY OF A lJ o. ot< SEPTEMBER 24, 2004, WOULD IT HAVE BEEN
14 CHECK, DATED SEPTEMBER 24, 2004. 14 POSSIBLE FOR YOU TO GET A CASHIER'S CHECK OR CERTIFIED
15 THE WITNESS: Ml\Y I SEE THAT? 15 CHECK FOR $15,000 AND DELIVER IT To MR. LIBQW'S
19 IWHEREUPON THE AFOREMENTIONED DOCUMENT 19 A. BECAUSE IT WAS TOO LATE IN THE EVENING.
20 WAS SUBSEQUENTLY HARKED BY THE REPORTER lIS 20 O. WHY WEREN'T YOU ABLE TO DO IT DURING THE DAY OF
22 IS HERETO ATTACHED.) -1 4- >2 A. BECAUSE I ALREADY SAID THAT THE FUNDS WERE NOT
24 Q. NOW, IS 'mAT THE. COPY of THE CHECK THAT YOU 24 O. YOU COULDN'T GET I'l' FRa-I my OF YOUR ACCOUNTS,
3 WAS A HOLD ON THE FUNDS. O. ISN'T THAT THE STANDARD IN THE REAL ESTATe
O. NOW, WHEN YOU WENT TO HAWAII. IS IT CORRECT INDUSTRY? DIDN'T YOU UNDERSTAND THAT?
5 THAT YOU UNDERSTOOD THAT .$] 5,000 MAS DUE AT ACCEPTANCE? A. YES, IT IS THE STANDARD, BUT IT'S ALSO THE
A. THE ACCEPTANce or THE 23RO. 6 STANLJARU tHAT JF YOU GIVE A V£POS1T ANU YOU'RE ASKELJ TO
o. so YOU UNDERSTOOD S 10. oao WAS DUE ON "] HOLD IT fOR A coUPLE OF DAYS, THAT THAT IS GAANTED, AS
A. NO, NOT iHE 23RD. WE WERE B.l\CK ON THE 23RD. O. CAN YOU LOOK AT 50044 THROUGH 5006£.
11 SEcor~1) WE GOT BACK INTO TOWN. I WAS NOT MADE AWARE OF 11 O. LET'S TAKE OFF THE LAsT -- 500£6. LET'S
12 THAT BY tHcHALE LIBOW, EXCEPT FOR HIS fRANTIC MEsSAGE 12 SEPARATE THAT fROM THI3 OTHER PACKAGE. I WANT TO T.~LK
13 THAT fiE LEfT H! THAT EVENING. 13 TO yOU ABOUT THE ESCROW INSTRUCTIONS, WHICH --
O. YOU KNEW THAT IT WAS DUE urON ACCEPTANCE; 14 MR. STEIN; SO YOU'RE HAKING INQUIRY ABOOT 44
16 A. NO, NOT NECE.SSARIL.Y_ 16 HR. CUMMINGS; WE'LL GO 44 THROUGH 48. LETfS LOOI(
20 INCREASED DEPOSIT OF ADDITIONAl. 15,000 WITHIN 14 DAYS 20 O. THOSE ARE DATED SEPTEMBER 22, 2004: CORRECT?
A. YES. O. YOU GOT BACK INTO TOWN 'THE NIGHT of THE 23RD OF
24 A. YES. 2. A. YES.
25 Q. ISN'T IT CORRECT THAT THE INITIAL DEPOSIT IS O. so ON THE 24TH, DID yOU GO TO ESCROW1
~-------------~---------~-----------._ ..- - - - - - - - - - - - - - - - - - - - - - - - - - 1
11(1.371-1111 SOUSA COURT REPORTERS 71 ....571..0111 llD-371_1111 SOUSA COURT REPORtERS 71....S7).(I111
A. NO, J DID NOT GO TO ESCROW. A. YES. THAT WAS NOT GIVEN TO MARA ESCROW. THAT
Q. DID YOU CONTACT ESCROW TO SEE IF THE ESCROW :2 WAS GIVEN DIRECTLY TO MICHAEL LIBOW.
5 NEXT COUPLE OF DAYS AFTER THAT. O. AND DID YOU ALSO GET THE PRELIMINARY TITLE
O. DID YOU LEARN TRAT ESCROW INSTRUCTIONS HAD BEEN 6 REPORT -- THAT'S S0050 TO S0065 -- ON OCTOBER 4, 2004?
1 PREPARED AND WERE READY f"OR YOU TO SIGN? A. IT'S OCTOBER 6, 2004.
O. WHEN DID YOU RECEIVE 50044 THROUGH 500407 9 A. I DON'T KNOW. I WAS NOT DEALING WITH THAT. MY
10 A. WELL, WE DEFINITELY DIDN'T RECEIVE THEN ON 10 HUSBl\IlD WAS -- lIND VICTOR PARKS.
11 SEPTEMBER 22 _ [BELIEVE 1T WAS AROUND OCTOBER -4, WHICH 11 O. OJ D YOU EVER REVI EW THE PRELIMI NARY TITLE
12 STATES ON THE FAX DATE AT THE TOP OF THE SHEET IS IIHEN 12 REPORT?
14 Q. WHEN DID YOU SIGN AND RETURN THEM? 14 O. LOOt<ING AT S0030~ DO YOU SEE THAT?
16 O. DID YOU DO IT RlGHT AWAY? 16 YOU WERE STATING TKAT WE RECEIVED THE ESCROW
17 A. OH, I PROBABLY DID IT ON THE SAME DAY. 17 INSTRUCTIONS ON OCTOBER 4. IT'S OCTOBER 6.
18 O. so IT':; YOUR BEST ESTIMATE THAT YOU SIGNED AND 18 O. I THIN'K YOU SAID TfL'\T.
21 A. YES. 21 O. NOII--
22 O. AND ON OCTOBER . , 2004, DID YOU ALSO DELIVER -1 5- 22 HR. STEIN; S0030?
24 A. WHAT ARE YOU REPERIHHC -- OCTOBER 41 24 O. WAIT. CAN YOU LOOK AT 50074 AND 500750.
P':1&c6S p.....
Q_ NOW, DID YOU RECEIVE s0074 AND S0015 ON LI:;NVER'S NOTIFICATION THAT THE VALUE OF THE HOME IS
A. YES. A. YES.
Q. AND DID YOU UNDERSTAND THAT DR. ZERNIK WAS Q. AND I S IT CORRECT THAT YOU KNEll AT THAT Tl ME
5 GIVING You A NOTICE TO PERFORM AS FAR AS REMOVAL or THE 5 TlIAT BY FAILING TO REMOVE THE APPRAISAL CONTINGENCY,
6 LOAN AND APPRAISAL CQNTINGENCI ES WITHIN 2"1 HOURS OR HE; 6 THAT THE SELLER KAY ELECT TO CANCEL THE AGREEMENT?
12 O. LOOK .i\T EXHIBIT S0077 THROUGH S0080. 12 SEPTEMBER 24, SEPTEMBER 29, .a.ND OCTOBER 6, 200"?
1-4 TO MR. LlBQW BY FAX ON OCTOBER 2a, 2004? 14 O. YOU'RE SURE OF THAT?
16 O. AND ARE PAGES 18 l\Nn 19 A COPY Of A LETTER THAT 16 GIVE TO IT us. THOSE ARE 1'HE ONLY TWO THINGS THAT --
11 YOU FAXED TO HR. LIBO'N ON OCTOBER 20=, 11 O. WELL, IN 'iOUR LETTER, YOU'RE SAYING SUE TOLD
IB A. YES. 18 YOU THAT SHE: WAS WAITING TO HEAR FROM YOU. "YOU"
19 O. NOW, LET'S GO THROUGH THIS LETTER. YOUR LETTER 19 MEANING HR. LIBOW --
21 OCTOBER lB, 2004, YOU RECEIVED THE NOTICE TO BUYER TO 21 Q. -- BEFORE SHE COULD PREP1I.RE IT.
23 A. YES. 23 O. NOW, DID GAIL HERSHOWI'l'Z TELL 'tOU THAT SHE WAS
24 O. THE THIRD PARAGRAPH SAYS. "YOU WI LL NOT REMOVE 24 WAITING FOR MICHAEL LIBQW BEFORE SH~ COULD PREPARE THE
r---------------------------------+-- --.------------------------1
r.,efta
A. YES. A. YES.
O. DID SHE TELL YoU THAT ON SEPTEMBER 24? O. s008~ ANn 50086, IS THAT SOMETHING YOU RECEIVED
A. SJlE TOLD ME THAT ON ALL THREE DAYS THERE. 3 FRili HR. LIBOW?
Q. AND IS It' CORRECT 'IHAT ON' OCTOBER 20, 2004, YOU 1 IS THAT YOUR HANDWRITING --
8 FAXED TO MR. LIBOW' THE CONTINGENCY REMOVAL NO. 2 FOR THE A. NO.
9 LOAN AND TITLE, BUT YOU DID NOT REMOVE THt; APPRAISAL o. -- "MICHAEL, PLEASE SEND COPIES TO BETH ST'fNE
13 ARE THosE DOCUMENTS WHERE yoO NOTIF'IED 13 O. NOW, IS IT CORRECT THAT YOU RECEIVED SOOB6, A
14 HR. LI80" OF THE CONTINGENCY REMOVAL FOR REPORTS AND 14 LETTER FROI4 DR. ZERNIK ADDRESSED TO YOU -- TO MICHAEL
15 DISCLOSURES IN YOUR INVESTIGATION OF THE PROPERTY? 15 LIBO).4 -- TO YOU AND MICHAEL. LIBOW, STA.TING THAT HE HAS
11 O. CAN YOU LOOK AT 50083. I? HR. STEIN: MISSTATES WHAT THE DOCUMENT STATES. IT
19 TKAT? FAX? CAN YOU TELL HE WHAT THAT IS? IS THAT A 19 BY HR. CUMMINGS:
22 O. E-MAIL TKAT YOU SENT TO MiCHAEL LI&OW? -1 6- 22 Q. AND DID yOU SEND sOGe .. TO HR. LIBOW THE EVENING
23 A. YES. 23 Of' OCTOBER 21, 2004. AfTER YOU RECEIVED S0086 FRCf>f
24 o. DID YOU EVER SEE TilE: E-HAIL THAT'S MARKED 24 HR. ZERNIK?
Page 39 of 50 _ _
AS TO THE NUMBERS OR HAVE THE COURT REPORTER -- THE WITNESS: OKAY. WHAT WAS THE QUEST]ON,?
o. 50086 WAS FAXED TO YOU AT 4 :16 P.M:. ON Q. WHICH ONE WAS SENT F]RST? DID YOU RECEIVE
A. I DON'T SEE THE 'T]ME. I"M NOT SURE. HR. STEIN: IF SHE. liAS KNOWLEDGE.
o. CAN YOU TURN TO THE FRONT PAGE. 50085, THE THE WITNESS: I lJON'T BELIEVE l"u SEEN THE UOCUHENT
COVER SHEET_ 50086 BEFORE I SENT MY DOCUMENT, EVEN THOUGH THE T1HES
O. OKAY. AND THEN YOUR E-MAIL TO MR. LIBOW IS MR. ZERNIK SEN1' HIS BEFORE MINE, I DON'T KNOW IF I SAW
12 Q. OKAY. FRett MICHAEL LIDON TO YOU. OKAY. 12 Q. OKAY. SO YOU SENT 30083.
13 GOING BACK THEN TO 50083. 13 THEN YOU SEE SOOB5 AND 50086; CORRECT?'
14 A. YE.S. A. YES.
IS o. THAT E-MAIL IS DA.TED OCTOBER 21, 2004; CORRECT? IS O. AND THEN DID YOU RECEIVE $0064 FROM MR. LlBOW?
16 A. YES. 16 A. YES.
J1 Q. AND NAS IT SENT BY YOU TO MR. LIBOW AT DR ABOUT 17 O. DO YOU SEE THE LAST PARAGRAPH IN MR. LlBOW'S
18 5:09 P.M.? 18 E-MAIL TO YOO,? THAT'S SOOB4, WHERE IT SAYS, "I WILL
20 O. ON TnAT DATE'? 20 HE' LL BE ABLE TO TELL HIM TOMORROW THAT YOU ARE READY TO
22 O. NOW, WAS TH..'tT SENT BEFORE OR AFTER YOU RECEIVED 22 BE EFFECTIVE, BUT IT'S THE BEST THAT r CAN DO. SHOULD
21 A. I DON'T HAVE AN 50085. 21 WILL NEED ADDITIONAL TIME IN THE PROPERTY, INCLUSIVE Of
25 HR. 5t[HI: YES, YOU DO. 25 THE NEE:D FOR FUNIG.ATION." DO YOU SEE THAT?
HR. STEIN: I'M GOING TO OBJECT AS IT CALLS FOR A HR. STEIN: NR. CUMMINGS, I THINK THAT THIS WOULD BE
MR. CUMMINGS: I'M ASKING FOR HER STATE OF HIND. MR. CUNMINGS: FINE. WE'LL BP.EAJ( AT THIS TINE.
THE WITNESS: COULD YOU REPEAT THE QUESTION. THE DEPOSITION WAS ADJOURNED FOR A LUNCH
J1 A. YES. 14
16 SD102, SOlD] -- 16
J1 A. YES. 11
A. YES. -1 7- 22
23 O. THAT'S WHEN YOU W.r"IVED THE APPRAISAL 23
25 A. YES. 25
)10--312·1111 SOUSA COURT MEPORTT:RS 7t..t-S11..o111 310.372-1111 SOUSA COURT REJ>oRTERS 11-1-511-0111
P:tccl-t
AfTERNOON SESSION 1 EVEN TH.OUGH IT WAS HIS LEGJ\L RIGHT TO CANCEL. 1
(WHERF,.UPON AT THE HOUR Of 1: 32 P.M. 1 DID NOT BELIEVE THAT -- "1'81\1' HE WoULD CANCEL OR HE
Of' THE SANE DAY, AT THE SAME PLACE.. THE- 3 SHOULD CANCEL BECAUSE OF THE FACT THAT HIM AND HIS
SAME PARTIES BEING PRESENT THE TAKlNG OF 4 REPRESENTATIVES DELAYED US IN RECEIVING ALL THE
THE WITHIN DEPOSITION WAs RESUMED, AND 5 INFORMATIoN THAT WE NEEDED TO MEET OUR OBLIGATIONS. so,
THE FOLLOWING PROCEEUINGS OCCURF,EL>:) [III MY OPINION, I U(U NOT fEEL THAT HE SHQULU HAVE
THE WITNESS HEREIN .. HAVING BEEN PREVIOUSLY 9 SO WE WERE PRECLUQED FRa-f MEETING OUR OBLIGATIONS.
10 DULY ADMINISTERED THE OATH WAS EXAMINED 10 O. WHAT IS IT THAT YOU CLAIM THAT HR. ZERNIK
11 J\ND TESTIFIED FURTHER AS fOLLOWS; 11 PREVENTED YOU FROM -- (JIU NOT PROVILIE TO YOU WITHIN A
12 12 TIH£L'i FASHION?
13 EXANINATION 4RE5lJMED) 13 A. WELL, THEY ARE THE ONES THAT PICKED THE ESCROW
IS O. LOOl< AT 0030. )S IN NOT GETTING US THE PRELIMINARY TITLE. AND THERE HAS
16 WERE YOU AW.~E or THESE TWO E-MAILS [N THE. TIHE 16 SetiETHING ELSE. I DON',. i<NOW EXACTLY. 1 THINK THE
lJ FAAKE Of' OCTOBER 18 11 LOAN -- THE ESCRQN INSTRUCTIONS AND THE PRELIMINARY
19 O. -- AND THE 19, 20041 19 ACCEPTED THE oFF&~ AS OF THE 16TH, AND THOSE THINGS WERE
21 Q. DOCUMENT -soon. 21 WAS QUITE DELAYED. AND ALSO OUR ESCROW INSTRUCTIONS
22 WERE YOU AW.llRE of TltAT [-MAl L ON OCTOBER 19, 22 WERE DELAYED BEING SENT 'f0 us.
23 200·0 23 AND I WANTED TO POINT OUT IN THE ESCRON
24 A. I WAS AWAAE THAT THE SELLER MIGHT CANCEL, BUT I 24 INSTRUCTIONS -- WHERE ARE THE ESCROW INSTRUCTIONS?
HR. STEIN: YES. 2 THAT I WROTE TO MICHAEL LIBON AND TOLD KIM ON THREE
THE WITNESS: OKAY. IN NO. 44, WHERE IT STATES THAT J SEPAAATE OCCASIONS I SPOKE TO GAIL HERSHOWITZ, AND SHE
ON OCTOBER 8, WE WOULD BE GIVING A $15,000 DEPOSIT, THAT 4 KEPT SAYING, 11'1 HAVE TO WAlT FOR MICHAEL LIBOW To GIVE
IS EVIDENCE TO ME THAT THEY DID AGREE TO THE ONE-WEEK S HE THE AUTHORITY TO DO ANYTHING."
EXTENS I ON BECAUSE I F THEY "AON' T, IT WOULD HAVE BEEN HR. STEIN: ITtS HERE.
OCTOBER 1. SO THAT IS EVIDENCE THAT THEY AGREED TO tHE WITNESS: 18. IT' 5 IN PARA.GRAPH 4.
SO MY THINKING WAS THAT THERE WAS NO RUSH O. WHEN WAS THB nRST DATE THAt YOUR LoAN BROKER
10 B£CAUSE THEY WERE NOT RUSHING IN GETTING US WHAT WE 10 REQUES~ED THA~ ESCROW INS~RUCTIONS BE PROVIDED?
13 DISCLOSURE AGREEMENTS. THOSE WERE ALSO LATE. WE DID 13 THE WITNESS: I DON'T -- 1 1 M SURE IT'S IN ONE OF
14 NOT SIGN THOSE OR EVEN RECEIVE THEN UNTIL OCTOBER 4, AND 14 THESE DOCUMENTS. I DON'T KNOW EXACTLY WHAT DATE IT IS,
15 THAT WAS WAY PAST THE SEVEN DAYS AFTER ACCEPTANCE; so IS BUT I'M SURE THAT THEy'RE IN THESE DOCUMENTS. IT'S IN
16 THEY WERE NOT IN A TINELY FASHION AS FAR AS GETTING 16 ONE OF THE E-HAILS TH1lT HE RAD SENT TO HICHAEL LIBOW.
18 A TIMELY FASHIoN. THEY MADE IT DIFFICULT FOR US TO GET 16 O. HoW DID GETTING THE PRELIMINARY TITLE REPORT --
19 ANYTHING WE NEEDED TO GET IN ON TIME. 19 NOT GETTING 1'HAT UNTIL OCTOBER 6 PREVENT YOU FRat:
20 o. DID 'tOU PERSONALLY EVER ASK THE ESCRoW CCttPANY 20 WA1VING THE APPRAISAL CONTINGENCY ON OCTOB&R 20?
21 TO GIVE YOU A COPY OF THE ESCROW INSTRUCTIONS? 21 A. FRer-t MY KNOWLEDGE, WHAT HAS BEEN EXPLAINED TO
22 A. ABSOLUTELY. -1 8- 22 HE, AND I MIGHT NOT BE SAYING THI S CORRECTLY, BUT THE
24 A. oN THE THREE DAYS. ON THOSE "THREE OCCASIONS 24 ORDER TO SUBMIT THE LOAN. 'WITHOUT IT, THEY CANNOT
25 THAT WAS STATED IN ONE OF THE LETtERS WJH CM WE' D ALREADY 2S PROCEED WITH THE LOAN.
Notice #3
L- .L.-. ~E-xhibit'" Vnh,m<> R
B-265
Case 05-90374 Document 260-7 Filed in TXSB on 05/08/09 Page 22 of 35
.---+C~u.se 2:08 cv 0155C 7/2-DI\JO~8-~P<ilagrne3-441+~
~~C::::l\:~:J-------, I
PoIzc77
Q. IS IT YOUR TESTIMONY TKAT THE DELAY IN GETTING PARTY; so I GUESS THEY HOULlJ BE WORKING FOR 80TH OF US,
2 THE PRELIMINARY TrTU: RE.PORT BEFORE OCTOBER 6 PRF,VEHTED 2 BUT THEY WERE SELECTEO BY THEM.
3 THE APPRAISAL FROM BEING COMPLETED? O. WELL, ISM"T IT CORRECT THAT FR(»04 YOUR EDUCATION
MR. STErN: HOLD ON. I'M GOING TO OBJECT TO THE 50 AN ESCROW CctfPANY IS THE AGENT FOR BOTH THE BUYER AND
7 FOR HER OPINIONS IN THE AREAS THAT SUE'S NOT QUALIFIED A. YES, I AM AWARE! BUT LET ME RESTATE THAT I HAD
e TO TESTIFY, AND [1' ASKS roR EXPERT OPINION. 8 HOT HAD ANY REAL ESTATE EXPERIENCE BEFoRE THI S
10 O. Do YOU KNOW WHEN THE APPRAISAL WAS ORDERED? 10 O. BUT YOU'RE AWARE FROM YOUR EDUCATION TO GET A
12 Q. DO YOO KNOW WHO ORDER£D I't'? 12 THAT AN ESCROW COMPANY ACTS .r..s THE AGENT FOR THE BUYER
13 A. I DO NOT. IT WAS EITHER VICTOR PARKS -- IT WAS 13 AND THE SELLER; CORRECT'?
15 o. [:1[0 YOU EVER HEET WITH THE APPRAISER? 15 Q. DI D ANYBODY AT MARA ESCRQH CC«PANY EVER TELL
16 A. ] DID NOT PERSONALLY, NO. 16 YOU THAT THEY WERE NOT YoUR .l\GEl"lr?
17 O. DID YOU EVER TALK TO 111M'? 17 A. NO, BUT THEY STATED, QUITE fRANKLY, THAT THEY
19 O. NOW, 15 IT YOUR UNDERSTANDING THAT MR. ZERNIJ< 19 O. WHO TOLD '(OU THAT THEY WORK fOR MICHAEL L1BOW'2
20 WAS SUPPOSED TO ORDER THE APPRAI SAL? 20 A. WELL, EVERYTHING THAT I EVER CALLED TO ASK FOR
22 0- IS IT YOUR UNDERSTANDING THAT MARA ESCROW 22 BETWEEN HER AND MICHAEL LIBOW. SHE WAS ALWAYS WAITING
23 COMPANY WAS THE AGENT FOR YOU AND MR. ZERNIK? 23 FOR MICHAEL LIBQIf"S ANSWER, fOR A BETTER TERM. I WAS
24 A. I KNOW TKAT THEY WERE SELECTED BY -HR. ZERNIK; 24 NEVER GIVEN 'WHAT I REQUESTED ON THE TIMES THAT I
2S SO I [)()N'T KNOW. I MEAN 1 GUESS THEY'RE A NEUTRAL 2S REQUESTED IT, UNLESS MICHAEL LISOH AGREED TO IT.
Q. I WANT YOU TO TELL HE EVERY SINGLE ITEM THAT 1 THE APPRAI SAL.
2 YOU REQUESTED THAT GAIL HERSHOWITZ SAID SHE WOULD NOT O. ISN'T IT A FACT THAT THE APPRAISAL -- THE
3 PROVIDE TO YOU UNLESS MICHAEL LIBOW AGREED TO IT. 3 APP.... ISING Of THE PROPERTY IS SCMETHING THAT IS OONB BY
9 WOULDN"T GIVE YOU THINGS. I NANT TO KNOW, OTHER THAN O. AND THE MORTGAGE BROKER WAS THE COOPANY THAT
10 THE ESCROW rNSTRUCTIOIIS. WHAT IT IS THAT YOU CLAIM GAIL 10 YOUR HUSBAND WORKS FOR.; CORRECT'?
11 HERSHOWITZ TOLD YOO SHE WOULD NOT GIVE YOU UNLESS 11 A. YES.
12 MICHAEL LIBOW AI-PROVED IT. 12 AND ONE HORE THING TO ADO TO WHAT I IlAD ASKED
13 A. THE PRELIMINARY TITLE. WHICH I REQUESTED IN 13 Of IIARJ\ ESCROW. I ALSo ASKED THEH NOT To DEPOSIT THE
14 THAT LETTER, AND THE ESCROW INSTRUCTIONS. 14 CHECK, WHICK THEY DID ON MICHAEL LIBOW'S INQUIRY. 1 HAD
16 A. NOT To MY KNOWLEDGE. I'VE REQUESTED THOSE 16 INSUFFICIENT nmos, AND SHE STILL WENT AHEAD AND CASHED
11 SEVERAL TIMES, BOTH ITEMS. 11 IT BECAUSE OF WHAT MICHAEL LIBOW TOLD H!oR TO 00.
18 O. DID YOU ASK ANYBODY AT MARA ESCROW TO 00 18 o. DI D GAl L IlER5HOWITZ TELL 'YOU THAT sH& CASHED
19 ANYTHING REGARDING THE: APPRAI SAL OF TIfE PROPERTY FOR 19 THE CHECK BECAUSE OF WKAT MICHAEL LIBOW' TOLD HER?
20 YOUR LOAN APPLICATION,? 20. A. ABSOLUTELY. SHE SAID," MICHAEL LI8OW" -- "HAT
23 O. DID YOU ASK MICHAEL LIDON TO 00 ANYTHING 23 THE WITNESS: -- "DIRECT ME TO CASH THE CHECK, AND
24 REGARDING THE APPRAISAL fOR YOUR LOAN APPLICATION? 24 THAT'S WHAT I DID."
P.l&dl
BY MR. CUMMINGS:
LISTED ON THOSE -- sET FORTH ON THOSE TWO PAGES, AND Q. WERE YOU AWARE; OF THE E-MAIL DOCUMENT 50035:
A. WAS AWARE of THEM. O. WERE yOU AWARE OF THAT E-MAIL ON ocTOBER 25,
A. DON'T RECALL IF r WAS AWARE OF THEM AT THE O. DID YOU GET ALL or THE E-MAILS THAT .l\RE SET
10 TIME THBY WERE RECEIVED. 10 FORTH ON PAGES 0027 THROUGH 0038 FROM YOUR HUSBANO'?
11 O. WERE YOU AWARE or THEH BY FRllJAV, OCTOBER 22, 11 A. I "YE SEEN THE E-HAILS. I LOOKED AT THEM, YES.
13 A. DON'T J(NQW IF I WAS AWARE Of T'HEM THAT DAY OR 13 A. THROUGH MY HUSBAND, YES.
IF IT WAS ANOTHER DAY. 14 o. LOOKING A,.T DOCUMENT NO, 0061, DID YOU INSTRUCT
15 O. DID YOUR HUSBAND TELL YDU TH.\T HR. LIBOW HAD )5 VIctOR PARKS TO KEEP ALL CORRESPONDENCE WITH HR. LIBOW
16 CONTACTED VICTOR PARKS AND TOLD HIM TlU'.T THE SELLER HAS 16 iN WRITING~
18 A. WAS AWARE of HIM WANTING TO CANCEL THE 18 Q. DI D YOU PERSONALLY ASK MR. PARKS TO DO THAT'?
20 O. YOU WERE A.WARE OF THAT ON OCTOBER 22, 2004. 20 O. WERE YOU PRESENT WHEN YOUR HUSBAND DID?
22 A. DON'T RECltLL THE DATE. I .MEAN WHENEVER IT 22 Q. LOOKING AT 0086 AND 006.5, IS IT CORRECT THAT ON
Z3 WAS DONE, I WAS PROBABLY AWARE or IT. 23 OCTOBER 21, 2004, yOU KNEW THAT MP.. ZERNIK WAS
24 O. DO YOU SEE THE E-HAIL THAT'S DOCUMENT SOOJ4? 24 INSTRUCTHlG HIS REALTOR TO DRAW INSTRUCTIONS fOR
f--------------------------------l---------------~-----------I
A. YES 1 WAS HADE AWARE OF THAT, BUT, AGAIN, AS I MR. STEIN; NO. WE CAN FORWARD IT VIA £-MAIL TO
STATED BEFORE, I DID NOT BELIEVE THAT IT WAS ijIS RIGJfT 2 YOU.
TO CANCEL BECAUSE THEY WERE -- THEY PRECLUDED us fROM MR. CUMMINGS: THe AUDIO?
O. TO YOUR KNOWLEDGE, DID ANYBODY AT PACIFIC HR. CUMKlNGS: YOU CAN'T PUT IT ON A TAPE AND GET IT
LOAN APPROVAL fOR YOU BEFORE YOU AND YOUR HUSBAND HR. stEIN: THAT'S HOW .WE RECEIVED IT WAS ... - YOU
RETURNED FR~ HAHAI! ON SEPTEMBER 23. 20041 B PLAY IT RIGHT BACK FR~ THE E-MAIL. 1 CAN DO IT ANY WAY
10 BEFORE WE RETURNED FROII HAWAll. NOTHING BEGAN. 10 MR. CUMMIHGS, 1 WOULD HATHER HAVE IT ON A CD.
II O. DOCUMENT SOlOS. WHO PREPARED THIS DOCUMENT? II MR. STgIN~ IT WILL BE DONE. WHEN 1 PRODUCE THE
12 A. IT SAYS LOUISE AT MARA ESCROW'. THIS WAS A 12 OTHER DOCUMENTS TO YOU, WE 1 LL GIVE YOU ]I. CD OF THIS
15 A. I BELIEVE MY HUSB.i\ND OR VICTOR DID. IS O. DID YOU EVER DEPOSIT THE ADDITIONAL SI5,OOO?
16 MR. STEIN: FOR THE RECORD, HY OFFICE PREPARED THAT. 16 A. YOU MEAN THE S~COND DEPOSIT?
18 HR. CUMMINGS; DO YOU HAVE THE ORIGINAL TAPE? 18 A. YES. IT WAS GIVEN BY CASHIER'S CHECK. I
19 HR. STEIN: WE KAVE THE TAPE TtlAT WE RECEIVED THE 19 PERSONALLY WALKED IT IN TO MARA ESCROW MYSELF, BUT WHAT
20 COPY FROM, YES. 20 HAPPENED WAS -- WHICH IS PROVEN BY THE DATE THAT THEY
21 MR. CUMMINGS: THE TAPE? 21 POSTED THE CHECK -- I WALKED IT HI TO MARA ESCROW. I
22 HR. STEIN: YES. WE HAVE A COPY. -1 0- 22 HAD CALLED THEM THAT DAY AND TOLD THEM THAT I WAS GOING
21 MR. CUMMINGS: AN AUDIOTAPE? 23 TO BE BRINGING IN THE CHECK. I LEFT THE CHECK WITH THE
24 HR. STEIN: YES. 24 RECEPTIONIST BECAUSE GAIL HERSHOWITZ WAS NOT IN' THE:
2, MR. CUHHINGS: HAVE YOU PROVIDED THAT TO US? 25 OFFICE, AND I TOLD -- I HAD THE ENVELOPE ADDRESSED TO
.•. M"
3 I GET A FRANTIC CALL FRCfot MICHAEL LlBQW STATING THAT I 3 Q. WHAT DID SHE LOOK LIKE?
.. DID NOT KEEP NY WORD AND DID NOT TARE IN A CHECK, AND I A. I BELIEVE SHE HAD LONG BROWN STRAIGHT HAIR.
S STATED TO HIM, ·'or COURSE, I DID." AND THEN [ GOT A 5 THINK SHE WAS OF HISPANIC OESCENT.
6 PHONE CALL FROM GAIL HERSKOWITZ STATING THE SAME THING, Q. I'M SORRY. 'WHAT?
1 AND I SAID, "I WALKED IN TH£ CHECK PERSONALLY ON THE DAY A. OF lfTSPANTC DESCENT, J BELIEVE.
8 I SAID I WAS GOING TO GIVE n TO YOU. II AND THEY SAID Q. DID YOU RECEIVE DOCUMENT 501041
9 THEY COULDNfT FIND THE CHECK. SO THEN r BELIEVE: .h.FTER A. WHAT WAS YOUR QUESTION?
10 THEY SEARCHED FOR THIS CHECK. AND I DON'T KNON -- I 10 Q. DIO YOU RECEIVE THAT OOCUMENT, sOlon
12 DATED WHEN THEY RECEIVED IT, IS WHEN SHE CALLED HE, AND 12 Q. DID YOU SIGN IT?
15 A. I BELIEVE IT's OCTOBER 6. THE DATE IT WAS 15 A. NO. MY SIGNATURE [S NOT ON THERE.
16 DELIVERED WAS OCTOBER 8 TH.i\T I DROPPED IT OFF'. THE DAY 16 Q. IS YOUR MONEY STILL IN ESCROW?
18 OCTOBER 5. 18 Q $30,OOO?
22 O. WHEN YOU BROUGHT IT IN TO MARA ESCROW, WHOM DID 22 Q SOl 06. WHAT IS THAT DOCUMENT?
23 YOU GIVE IT TO? 23 A I DON'T KNOW. I'VE NEVER SEEN THAT BEFORE.
24 A. THE RECEPTIONIST, BECAUSE GAIL HERSHOW!TZ WAS 24 Q 00 YOU KNOW WHO PREPMED IT?
I--------------------------.--~ - - - - - - ~----------------------__i
....,11.
Q. HAVE YOU EVER DISCUSSED THE CONTENTS OF THIS O. I F I ASK yOU A QUESTION. YOUR ATTORNEY CAN' ASK
2 WITH ANYBODY? YOU A QUESTION. I JUST HAKE THINGS FOR THE RECORD.
Q. CONTENTS or EXHIBIT 106 WITH ANYBODY. .l! THAT YOUR COUNTER OFFER NO. 2 WAS ACCEPTED BY DR. ZERNIK
6 LOOKS LIKE A TIMELINE OF SOMETHING. I DOO'T KNOW WHAT A. WHICH DotUME:NT IS 1'HAT?
IT IS. O. 0026.
DID YOU RECEIVE THIS DOCUMENT? Q. IS IT YOUR UNOERSTANDING THAT YOUR COUNTER
10 A. DID I RECEIVE IT? 10 OFFER NO. 2 WAS ACCEPTED BY DR. ZERNIK ON SEPTEMBER 15,
II Q. YES. 11 200~?
12 A. YES. 12 A. 'tEs.
14 A. WELL, IT SAYS "NOVEMBER 10, 2004." I DON'T A. (310i 275-5352. I THINK THERE WAS A COUPLE OF
15 KNOW IF THAT'S THE DAY I RE:!\D IT OR NOT. 15 DI FFERENT FAX NUHBERS. I DON'T KNOW THE OTHER ONES.
16 Q. DO YOU KNOW WHO BETH IS? 16 O. WHAT WAS THE FAX NUMBER AT WORK?
WHICH, BY THE: WAY, THAT WAS ANOTHER INDICATION To ME IB o. WELL. DOES THAT --
19 THAT MICHAEL LIBOW HAS ACTING IN HIS CLIENT'S lNTEREST 19 A. GILLERAN GRI FFIN, YOU MEAN? I NEED TO LOO!':
20 BECAUSE HIS MANAGER WAS UNDER THE IMPRESSION THAT THE 20 THAT UP, AND I CAN TELL YOU. HOLD ON A SECOND. I f<NQW
21 SEVEN-DAY EXTENSION WAS AGREED UPON As WELL. 21 WHERE IT IS. I ACTUALLY DON'T -- I KNOW' THE OFFICE
22 BY THE WAY, CAN I POINT OUT ANOTHER PARAGRAPH -1 1- 22 NUMBER I DON'T USE THAT FAX NUMBER. I USE MY PERSONAL
24 O. I DON'T HAVE ANY QUESTION PENDING, MA'AM. 2. O. WHAT]S THE FAX NUMBER?
O. WHICH IS WHAT? O. AND GILLERAN GRIFFIN WAS GOrNG To GET HALF THE
/\.. 1 THOUGHT 1 f:lAV IT. LET HE JUST LOOK fOR A 6 CCliMISSlOH; IS THAT CORRECT'?
SECOND. A. NO. THEY DON'T GET HALF. OH, YOU MEAN DETWEEN
MR. STEIN: IS THIS YOUR HOUSE NUMBER, YOUR HOUSE 11 THE AGENTS,?
12 HOME BEFORE I HOVEn IN WITH My HUSBAND. I CAN GIVE YOU 12 Q. WHAT PERcENTAGE WERE YOU GOING TO GET OF' THE
13 THAT ONE. (323. 60-9378 ]S ONE, AND -- 13 PORTION TRAT WENT TO GILLERAN GRIFFIN?
15 Q. WHAT ADDRESS OIl> YOU LIVE AT BEFoRE YOU HOVED 15 WHAT PERcENTAGE THEY GOT AND WHAT PERCENTAGE I GOT.
19 O. DID You HAVE YOUR HAIL FORWARDED WitEK You 19 SUBMITTED, THE ORIGINAL OFFER YOU SUBMITTt"O?
.",92
A. J333 WESTWOOD BOULEVARD. OUR OFFICE HAS HOVED. WAs SUBSEQUENTLY MARKED BY THE REPORTER AS
Q. WHAT ADDRESS DO YoU LIST FOR YOURSELF RIGHT DEFENDANT'S EXHIBIT 4 FOR IDENTIFICATION AND
Po. MY LAST HOME ADDRESS BEFORE I MOVED IN WITH MY MR. CU'HMINGS: I'LL MARK As EXHI8IT 5 A LETTER. OF
O· AND YOU ALsO LISTED GILLERAN GRIFFIN's ADDRESS; WAS SUBSEQUENTLY MARKED BY THE REPORTER AS
12 HR. STEIN: I THINt< IT'S EXHIBIT 4. 12 Q. DID YOU EVER RECEIVE THAT DOCUMENT?
14 O. EXHIBIT 4. DID YOU RECEIVE THAT DOCUMENT'? 14 THE WITNESS: I DON'T RECALL THIS.
15 EXHIBIT 4 IS A TRANSMITTAL, OATED SEPTEMBER 30 1 2004 1 15 MR. CUMMINGS: WE'LL HARK As EXHIBIT 6 A COPY OF THE
16 FROM MARA ESCROW CCHPANY TO GILLERAN GRIFFIN CCMP/lNY, 16 TRANSMITTAL FRCH MARA ESCROW CCHP.1lNY TO NIVIE SAKAAH,
11 1333 WESTWOOD BOULEVARD, SUITE HH; ATTENTION: nlVIE 11 DATED OCTOBER 6, 2004, ADDRESSED AT 1227-1/2 SOOTH
19 A. 1 NEVER RECEIVED THIS. r DOK'T RECALL SEEING 19 (WHEREUPON THE AFoREMENTIONED DOCUMENT
21 O. THAT WAS YOUR WORk ADDRESS FOR GILLERAN 21 DEFENDANT'S EXHIBIT 6 mR IDENTIFICATION AND
P~c'l1J ......
o. UO 'tOU Jl;NOW WHEN YOU RECElVEU IT? "APPLJl:ABLE 'rIME fRAMES, to VATEU S£rTEMBER 28, 2004,
A. ON OR ABOUT THAT DATE, I BELIEVE. ADDRESSED TO MICHAEL LIBOW, HITH SC!'f£ HANDWRITING ON THE
O. ON OR ABOUT OCTOBER 6, ZOO,,? DOCUMENT. "RE:: NIVIE. DATES CHANGED?" AND SOME OTHER
MR. STEIN'; IT wOULD IIAV~ To BE SUBSEQUENT 1'0 THAT (WHEREUPON THE AFOREMENTIONED DOCUMENT
13 DEFENDANT'S EXHIBIT 1 FOR IDENTInCATION AND 13 O. DID YOO PROVIDE ANY OF THE INFORHATlON THAT'S
O. DID YOU RECEIVE THAT DOCUMENT? IT' 5 ADDRESSED 16 A. I BELIEVE I HAD WHEN I HAD SPOKEN TO HER. l'lHEN
)7 TO NIVIE SAMAAN IN CARE or GILLERAN GRIFFIN CQHPANY, 1J I GOT THE FIRST SET THAT YOU JUST SHOWED HE, I KAD
18 1333 WESTWOOD BOULEVARD, SUITE lDl. ]8 CALLED HER AND SAID THAT THE OATES WERE WRONG AND THAT
19 A. YES, I HAD RECEIVED 11. 19 THEY ~ERE SUPPOSED TO BE OCTOBER • AND THE 24TH OR THE
20 O. ON WHAT DATE? 10 23RD, AND SHE SAID THAT SHE CoULDN'T CHi\NGE ANYTHING
21 Jt.. PROBABLY AROUND THE FEW DAYS -- WITHIN A FEW 21 UNTIL SHE SPOKl; WITH MICHAEL; SO THEN THIS 15 WHAT WAS
24 CAN I SEE THAT ONE MORE T[H.E~ NOW, STARTING AT THE TOP WHERE IT HAS -- I'LL
25 MIl:. CUMMINGS: t-lARK AS EXHIBIT 8 A DOCUNENT ENTITLEO 25 GIVE YOU THE PRIOR ONE SO YOU cAN READ IT. THE ONE THAT
t-------------------~--.--~~--.
WE HARKEO AS EXHIBIT 7, SO YOU CMI COMPARE THEM. 24TH, AND THE ADDITIONAL DEPOSIT OF THE 8TH, AND THAT
ORIGINALLY IT SAID, "INITIAL DEPOSlT TO BE PURCHASE WAS supposED TO BE ON SEPTEMBER 23. THOSE AR&
RECEIVED BY ESCROW HOLDER" AND ORIGINALLY WAS WRITTEN THE ONLY DATts THAT I GAVE HER.
DOWN SEPTEMBER 22, 2004; CORRECT~ O. OKAY. THERE' 5 .AN ITEM THERE. IT SAYS "BUYER'S
Q. AND THEN IT I S. SCRATCHED OUT. AND CAN YOU READ SEPTEMBER 27, 2004, AND THEN ITtS HANDWRITTEN IN "TEN
A. I BELIEVE IT SAYS THE 24TH. DID YOU PROVIDE THAT INFORMATION To HER?
10 O. OKAY. DID YOU TELL GAlL HERSHQWIT2 THAT IT WAS 10 MR. STE1N; ONE ADDITION. THERE'S A OUESTlON MARK.
11 SUPPOSED TO BE SEPTEMBER 241 II IF YOU'RE GOING TO REFERENCE. YOU MIGHT AS WELL HAVE
SAYS "'OCTOBER." I'l HAD BEEN THE 1ST, AND I TiS WRI TTEN O. DID YOU PROVIDE THAT PROVISION TO GAIL
1S OCTOBER 8. 15 HERSHOWITZ1
19 Q. THEN THERE'S NO CHANGE IN DATE FOR THE. SlGNED 19 DID YOU PROVIDE THAT INFORMATION' TO HER?
21 A. oKAY. WE WEREN'T EVEN HERE ON THAT MY. 21 O. "LAST DAY FOR BUYER TO RRCEIVE FINAL LOAN
22 Q. DID YOU GIVE GAIL HERSHOWITZ A DIFFERENT DATE -1 3- 22 APPROVAL." IT STATES "17 DAY - 24TH?"
25 HERSHOWITZ ABOUT WAS THE INITIAL DEPOSIT, WHICH WAS THE 25 HR. CUMMINGS: THE LAST EXHIBIT WAS 5 -- 8,
EXHIBIT Bi CORRECT? Q. UID you NOT1FY OR. ~ERNIK THAT ANY OF THE TIHE
.... "
MR. STEIN: YES. THAT'S CORRF.CT. FRAMES -- ANY OF THE DATES SET FOP-TH ON THE APPLICABLE
MR. CUMMINGS: I'LL HARK AS 9 ANOTHER SET OF TIME FRAMES, DATED OCTOBER 5, 2004, WERE INCORRECT?
NIVIE SAMAAN IN CARE OF GILLERAN GRIFFIN COMPANY. Q. HANDHIG YOU BACK EXHIBIT 9, DO YOU 5£E THE
(WHEREUPON THE AFOREMENTIONED OOCUMENT STATEMENT UN[)ERN'&ATH THE NOVEMBER THE LAST UATE~ THE
WAS SUBSEQUENTLY HARKED BY THE REPORTER AS PARAGRAPH WHERE IT SAYS. "SUYER AND sELLER ,UW£
DEFENDANT'S EXHIBIT 9 FOR IDENTIFICATION AND INDICATED IN THE ORIGINAL RESIDENTIAL PURCHAsE AGREEMENT
IS HERETO ATTACHED. I AND JOINT ESCROW INSTRUCTIONS THAT THEY DESIRE: THE
13 Q. WHEN oro YOU REcEIVE IT? 13 Q. DID YOU READ THAT WHEN You RECEIVED IT?
IS Q. OlD YOU READ IT WHEN YOU RECEIVED IT? 15 O. ANY REAsoN YOU DIDN'T READ IT?
16 A. I LOOKED OVER IT, YES. 16 A. NO. I JUST I LOOKED AT THE DATES. THAT I S
I7 Q. Af'TE'R YOU RECEIVED IT, 01 D YOU NOTI IT ANYBODY 17 ALL I LOOKED AT.
18 AT MARA ESCROW THAT ANY OF THE DATES SET FORTH ON IB O. ANYBODY PREVENT YOU FRctoI ·READING IT?
20 OCTOBER 50, 2005, WERE INCORRECT? 20 Q. IS THERE ANYTHING YOU DON'T UNDERSTAND ABOUT
22 Q. DID YOU NOTTF'Y MICHAEL LIBQ,,", THAT ANY OF' THE 22 A_ YES. I DON' T UNDERSTAND WHAT THAT MEANS,
23 DATES SET FORTH ON THE OCTOBER 5 APPLICABLE TIME FRAME 23 "ACTIVE METHOD."
/------------------------------------_.----- ------~-----------------~-----------j
Pilgo: 1110
A. OKAY. I UNDERSTAND WHAT IT's SAYING. 11.. THE QUESTION liAS DID I RECEIVE IT?
5 THERE-- A. YES.
A. YEs. A. YES.
CAN I SEE ONE MORE THING IN THAT PARAGRAPH? Q. OKAY. DO YOU /lAVE A WRITTEN AGREEMENT WITH
11 DID YOu RECEIVE A copy OF THE PEST CONTROL 11 SUPPOSED TO BE, WHAT PERCENTAGE YOU GET OF THE
12 REPORT THAT AAD BEEN DONE ON THE PROPERTY? 12 COMMISSION THAT THE COMPANY RECEIVES?
13 A. I DON'T KNOW. I '0 HAVE TO ASK MY HUSBAND. 13 A. YES, J BELIEVE SO, YES.
14 HR. STEIN: SHOW HER WHAT YOU'RE REFERRING TO, IF 14 Q. IlHAT DOES IT PROVIDE?
IS YOIl 1I0ULD, PLEASE. I-THINK THAT MIGHT REFRESH HER IS A. I DON'T KNOW THE EXACT PERCENTAGE. I IlOULD BE
17 MR. CUMMINGS: I'LL HARt< THAT AS EXHIBIT 10, THE FAX 17 Q. IlHAT IlOULD BE YOUR BEST ESTIMATE?
19 mOM MICHAEL LIBOW TO GAIL lIERSHOWITZ, WITH A coPY TO 18 A. I THINK r GET 90 PERCENT, AND THEY GE"I" TEN.
19 NIVIr: SAMAAN. OF A BOND PEST CONTROL REPORT. 19 IT'S MOUIID THAT ESTIMATE.
20 (WHEREUPON THE AFOREMENTIONED DocUMENT 20 Q. DID YOU HAVE A SPECIAL AGREEMENT 1I1TH GILLERAN
21 WAS SUBSEQUENTLY MARKED BY THE REPORTER AS 21 GRln~IN RELAT1NG TO THE PERCENTAGE Of THE COMMISSION
22 DEFENDANT'S EXHIBIT 10 FOR IDENTIFIcATION AND -1 ~ 4- 22 THAT YOU WOULD RECEIVE ON THE PURCHASE OF THE PROPERTY
2 NOVEMBER 8, 2004. ANO r W.'\NT yOU TO GO THROUGH THAT TI-tF: WITNESS: IS 1'H1I.T THE ESCP.OW INSTRUCTION?
3 DOcUMENT AND TELL ME WHAT, IF ANYTHING, IN YOUR I3ELIEF', HR. sTEIN: YES.
4 AS YOU sIT HERE TODAY. IS NOT AccURATE ABOUT THAT 4 THE WITNESS; NO, I DID HOT RECEIVE THEM ON THAT
HR. STEIN: WHY DON'T WE READ THE SENTENCE AND DEAL D. Do YOU KNOW IF GILLERAN GRIFFlN RECEIVED THEM?
(WHEREUPON THE AFOREMENTIONED DocUMENT O. AND THE NEXT SENTENCE SAYS .. "RECEIVED A CHECK
10 WAS SUBSEQUENTLY MARKED BY THE REPORTER AS 10 FROM BUYER ON SEPTEMBER 27, 2004."
11 DEFENDANT'S EXHIBIT 11 FOR IDENTIFICATION AND 11 A. NO, THAT's NOT CORRECT. I GAVE THEN A CHECK ON
14 O. THE FIST SENTENCE SAYS, "MICHAEL L1BoW F.IlJ(ED HE MR. STEIN: TWO DAYS.
15 A PURCHASE CONTRACT ON SEPTEMBER 22, 2004." 15 THE WITNESS: TWO DAYS. TWO TO THREE DAYS.
17 IT GOING TO? WAS IT ADDRESSED TO ME OR -- 17 O· ALL RIGHT. "PURCHASE CONTRACT CALLS FOR CHECK
20 A. OH. IT'S A STATEMENT SHE'S 'MAKING. OKAY. I 20 A. THAT'S NOT WHAT WAS AGREED UPON.
21 DON"T -- I DON'T KNOW IF THAT'S TRUE OR NOT. IT DoESN'T 21 O. WAS THAT AGREED TO IN WRITING?
23 O. THE NEXT SENTENcE SAYS. "1 TYPED THE 23 O. WAS THE DATE OF SEPTEMBER 24, 2004, AGREED TO
f--------------------------------+-.--------.--------- -------------{
P"II! I(M
o. "WE DEPosITED THE CHECK TWICE .. AND IT CAME BACK INSTRUCTIONS IF THEY WERE NOT FINALIZED."
A. THAT'S INCORRECT. THE CHECK CAME BACK ONCE Q. "ON SEPTEMBER 24. NIVIE cALLED AND ASKED IF WE
4 WITH NOT SUFFICIENT FUNDS .. AND WE WERE TOLD WE NEEDED TO .. COULD EXTEND THE TIME FRAMES FRCfo( 01 FFERENT OATES FROM
5 GET A CASHIER I S CHECK AND DELIVER IT TO MICHAEL LISON .> THE CONTRACT AS SHE HAs GOING OUT OF TOtlN."
O. IT SAYS, "WE CALLED BROKER TO ADVISE THEM .. AND 7 OF TOWN'. I HAD JUST COME BACI< FROM TOWN, AND THAT'S
8 ON OCTOBER .. RECEIVED A REPLACEMENT CHECK." 6 WHEN --TKAT'S WHEN I TOLD HER ABOUT THE DATES NEEDING
A. YES, THAT Is -- I ACTUALLY GAVE THE REPLACEMENT 9 TO BE -- WHEN I CALLED HER ABOUT NOT DEPOSITING THE
10 CHECK TO MICHAEL LIBON PERSONALLY ON THE DAY THAT THE ]0 CHECK, I ALSO 'TOLD HER ABOUT THE DATES THAT weRE AGREED
]1 HONE INSPECTION WAS BEING DONE, WHIcH HE sKOWED UP AT ON 11 UPON BY MICHAEL AND I FOR THE FIRST DEPOSIT, THE SECOND
13 O. IT SAYS, -AN ADDITIONAL DEPOSIT WAS out ON 13 THAT IS NOT CORRECT BECAUSE I HAD JUST COofE BACK FROM
16 A. THAT IS NOT coMECT. THE NEXT DEPOSIT WAS DUE 16 A. YES, I DID.
11 ON OCTOBER 8 .. tfHICH Is VERIFIED IN THE ESCRotI 17 O. THE NEXT SE.NTENCE SAYS, "I CALLED AND LEFT A
18 INSTRUCTIONS. AND IIHEN I DELIVERED ON IT OCTOBER 8, ]a MESSAGE FOR HICflAEL LIBOW REGARDING THIS KATTER.·
19 THEY LOST THE CHECK AND OlD NoT RETRIEVE IT -- DID NOT 19 A. I DON'T KNOH IF SHE DID. r BELIEVE SHE. DID. I
20 FIND IT UNTIL OCTOBER 12, .~D THAT'S WHY IT WAS D.~T&D ON 20 DON'T KNOW FOR SURE.
21 OCTOBER 1'1. 21 o. "HE ADVI SED HE TO HOLD OFF SENDING THE ESCROW
22 O. "ON SEPTEMBER 24, 2004, VICTOR {LENDER' CALLED -1 .5- 22 INSTRUCTIONS OUT PENDING THE TIME fRAME CHANGES MADE BY
A. 1 DON'T KNOW IF THAT WAS DONE: OR NOT. 2. A. SHE MENTIONED TO HE THAT SHE WAS TO HOLD OFF
25 O. "TOLD HIM WE COULD NOT SEND OUT ESCROW 2S UNTIL MIcHAEL GOT BACK TO HER.
P3lcllJlt
O. "1 SENT OUT ESCHOW INSTRUCTIONS ON OCTOBER 5$ O. [.10 YOU TftLNK 'fOU GAVE HEH SIGNEI) ESCROW
A. YES,] DOH'! KNOW. IT MAY HAVE BEEN AROUND MR .. STEIN: IF YOU DON'T RECALL, JUST SAY YOU DON'T
O. "SENT OUT PRELIMINARY TITLE REPORT ON THE WITNESS; YES, r DON'T RECALL.
O. "NIVIE CALLED TO SAY SHE HAD NOT RECEIVED THE REMOVAL FORM SIGNED BY BUYER AND SELLER AND A FAX FOR
PRELIMlNARY TITLE REPORT, BOT I HAD A CERT1FIED SLIP NOTICE TO PERFORM FOR BUYER."
}G BACK FROM HER SIGNED OCTOBE:R 8, 2004, WITH HER SIGNATURE 10 NfL sTeIN: THAT'S INCORRECT.
13 O. "NIVIB ADVISED THAT THERE WAS A MISTAKE IN THE 13 O. WHAT IS THE CORRECT INFORMATION?
14 ESCROW INSTRUCTIoNS. AND I ADVISED HER TO CORRECT THEN, 14 A. PROBABLY AROUND THE 20TH.
1~ INITIAL THEM, AS WE WILL DO'" PINAL AMENDf-IENT.'· 15 O. "ON OCTOBER 25 AND NOVEMBER 5, 2004, I REcEIVED
16 A. YES, THAT'S TRUE. 16 INSTRUCTIONS FROM SI;LLER TO CANCEL THE ESCROW, AS THE
11 O. WIIAT CORRECTIONS DID YOU REQUEST,? 11 CONTINGENCY DATES HAD EXPIRED AND THE BUYER HJ\D HOT
19 PURCHASE THE ACCEPTANCE OF THE OFFER TO BE CKANGED~ 19 A. I BELIEVE so. r DON'T KNOW WHEN SHE RECEIVED
20 TftE INITIAL DEPOSIT DATE AND THE SECOND DEPOSIT DATE TO 20 THAT FROM THE SELLER.
24 A. I DON'T KNOW I F THE DATE IS CORRECT OR NOT ~ 24 HR. STEIN: THAT'S EXHIBIT 11, COUNSEL?
Poccllll
YOU'VE ALREADY STl\TED YOU DIDN'T NOTU'Y ANYBODY O. IS IT YOUR UNDERSTANDING THAT BETH STYNE IS THE
THAT YOU DISAGREED WITH THOSE TIME FRAMES; CORRECT? MANAGE:R l\T THE COLDWELL BANKER OFFICE WHERE HR. LI BOW
TIME FRAMES YOU DISAGREED WITH? Q. DO YoU BELIEVE THAT MIcHAEL LIBQW DID ANYTHING
MR. STEIN~ ASKED AND ANS"'ERED, Bur SHE CAN ANsWER WRONG IN CONNECTION WITH TH15 TRANSACTION?
10 THE WITNESS: NO~ I DON'T BELIEVE SO. 10 NR. STEIN: JUST YOUR UNDERSTANDING, NOT ANY LEGAL
12 o. sO AS YOU SIT HERE TODAY, Do YOU BELIEVE THAT 12 THE WITNESS: I BELIEVE THAT HE DIDN'T KEEP HIS WORD
13 THOSE ARE THE .\CCURATE APPLICABLE: TIME FRANES FOR THOSE 13 ABOUT OUR UNDERSTANDING OF WHEN THE ACCEPTANCE OF THE
16 O. AND Is IT CORRECT THAT YOU OIDN',. REMOVE THE 16 OBLIGATIONS ANI> BELIEVING THAT HE WAS BEING INSTRUCTED
19 0, IS IT CQRRgCT THAT YOU DIDN'T REMOVE THE FINAL 19 O. HAS IT YOUR UNDERSTANOHIG THAT DR. ZERNIK
20 LOAN APPROVAL CONTINGENCY BY OCTOBER 11, 2004? 20 DIDN'T AGREE WITH ANY EXTENSIONS?
22 O. IS IT CORRECT TAAT ESCROW WAS TO CLOSE BY -1 6- 22 HR. CUMMINGS: I • LL BE BACK IN ABOUT THREE MINUTES.
2' A. YES. 24 THE WITNESS: CAN I ADD ONE HORE THING TO WHAT YOU
PascllO
I NEVER mo REC£:lVE A FULLY EXECUTED AND SIGNED A. IT WAs PROBABLY JUST A FEW MONTHS AGO.
PURCHASE AGREEMENT FROM MIC.H.A£1 LIBQW OR FROM ZERNIK ANIJ THE:RE WAS I\LSO A HetiE AROUNLJ THE BLOCK THAT
WITH HIS SIGNATURE ON ['I'. AND I BELIEVE THAT THAT WAS SOLO FOR .$100,000 MORE. THAN WHAT WE HAD PURCHASED THE
SaiETHING THAT WE NEEDED FOR THE LOAN APPROVAL TO GO PECK PROPERTY FOR.
THROUGH; sO TH..b.T WAS SOMETHING THAT I NEVER RECEIVED. O. WHAT PROPERTY WAS THAT?
10 O. HAS ANYBODY TOLD YOU WHAT THE't BELIEVE THE 10 A. IT WAS ON BEDFORD. I DON I T KNOW THE EXACT
11 PROPERTY AT 310 SOUTH PECK DRIVE IN BEVERLY HILLS IS 11 AIJDRESS, BUT IT WAS ON BEDFORD.
13 A. NO, NOBODY HAS TOLD HE. 13 A. IT'S THE STREET RIGHT NEXT TO PECI<, AND THAT
14 O. HAS ANYBODY TOLD YOU -- STATED ANY OPIN'ION OF 14 HAD ACTUALLY HAPPENED A WEEK 1\M'EP. WE HAD ACCEPTED AN
]S VAl.UE OF THE PROPERTY TO YOU AT ANY TIME SINCE ]5 OFFER FOR THE PECK PROPERTY.
16 OCTOBER 25. 2004? 16 o. orD YOU FEE.L THAT PROPERTY WAS COMPARABLE TO
20 O. WHAT DID HE:. TELL YOU? 20 O. HOW LARG£ IS THE: PECK PROPERTY?
21 A. THAT THE PROPERTY HAS GONE UP IN V.~LUE. 21 A. TWENTY-SIX SOMETHING, 26,000 SOMETHING.
o. THAT IT WAS WORTH. THAT AT THE TIME HE: TOLD YOU? 24 MR. STEIN: 26.000 Is PRETTY GOOD.
25 A. YOU HEAN AT THE TUIE THAT WE WERE BUYING IT? 25 HR. CUMHINGS: IT WOULD BE ONE BIG HOUSE.
1 - - - - - - - - - - - - - ---.----- .. _ - - _ . - - - - ,
Q. DO YOU }l1I,VE AN OPINION WHAT THE PROPERTY'S THOUGHT YOU HERE GETTING A GOOD DEAL.
A. I WOULD SAY PROBABLY BETWEEN TWO AND 2.2 HORE THAN ONE POINT SEVEN EIGHTEEN.
O. WHAT DID YOU THINK THE PROPERTY WAS 'WORTH ON A. PROBABLY AROUND 250,000 TO 300,000 HORE.
OCTOBER 25, 20011 Q. so YOU THOUGHT THE PROPEP.T'{ WAS WORTH -- OKAY.
WAS -- I BELIEVED IT WAS WORTH THE PRICE IT WAS LISTED I HAVE NO FUTURE OUESTIONS OF THIS WITHESS AT
10 O. WHAT WAS THE PRICE IT WAS LISTED? 10 HR. STEIN: I HAVE NO QUESTIONS.
11 A. I DON"T J(NOW EXACTLY. 1.6 SOMETHING. 11 NY ONLY CONCERN IS THAT HR. SKULKIN WILL.
12 O. WAS YOUR OFFER -- WAS THE COUNTER OfFER, 12 WE"LL DEAL WITH THAT ACCORDINGLY.
13 1,718, 000, GREATER THAN TItE LISTING PRICE? 13 MR. CUMMINGS: YOU KNOM WHAT YOUR RIGHTS ARE.
A. YES, BUT I BELIEVE THAT IT COULD HAVE BEEN 14 DON'T HAVE TO TELL YOU TtlAT.
15 WORTH HORE, THOUGH -- I MEAN THAN 'WHAT IT WAS LISTED. 15 THE 'WITNESS: 1 UNDERSTAND. THAT] UNDERSTAND.
16 BELIEVE -- I BELIEVED I WAS GETTING A GOOD DEAL fOR THE 16 HR. C\1HMINGS: HE GOT NOTICE:.
18 Q. YOU BELIEVED THAT THE PROPERTY WAS WORTH LESS 18 MR. CUMMINGS"?
20 HR. STeIN: MISSTATEs HER TESTIUONY. 20 TRANSCRI PT BE SENT TO COUNSEL FOR THE DEPONENT 1 THAT
22 O. DID YOU BE.LIEVE THAT THE. PROPERTY WAS WORTH -1 7- 22 DEPONENT, THAT THE DEPONENT lULL REVIEW IT, OUR FIRM.
23 LESS THAN 1,718,0007 23 WILL BE NOTIFIED OF ANY CHANGES THAT ARE MADE; IT CAN DC
25 O. TELL HE !'IRAT YOU MEANT WHEN YOU SAID YOU 250 RELIEVED OF HER OBLIGATION; AND TKAT IF WE'RE NOT
Notice #3
Exhibits VoluQ1eu B"'--_ _-'
B-274
Case 05-90374 Document 260-7 Filed in TXSB on 05/08/09 Page 31 of 35
P-CW---DU1.All.l.lt:all-,·40-3 Filed { 7/2008 Page 50 of 50
10 -000-
DAY OF ~ • 2006.
14 THIS
16
17
,.
SIGNATURE or TH£ WlTN8SS
19
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23
2.
25
L- _
-148-
Notice #3
Exhibits Volume B
B-275
Case 2:08-cv-0155-
Case 05-90374 Document 260-7 Filed in TXSB on 05/08/09 Page 32 of 35
r".p-CW Document 40-4 Filed 17/2008 Page 1 of 13
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-149-
Notice #3
Exhibits Volume B
B-276
Case 05-90374 Document 260-7 Filed in TXSB on 05/08/09 Page 33 of 35
Document 40-4 Filed '7/2008 Page 2 of 13
3
4 1. I am a Senior Loan Consultant with Pacific Mortgage Loan
,
8 witness, I could and would competently testify thereto.
J
9
10 2. I have over 30 years of experience in real estate lending and sales. I
11 have been a Senior Loan Consultant with Pacific Mortgage for approximately 4 years. As
12 a Senior Loan Consultant I act as a broker between lenders and borrowers. My duties
13 include gathering information needed by lenders from borrowers and facilitating the
14 procurement ofloans. I have been a loan broker since] 986. Prior to that from] 982 to
15 1986 J was a Vice President and Corporate Loan Officer for Bank ofCalifornia (now
16 Union Bank). Before that from 1971 to 1982 I was Assistant Vice President/Corporate
17 Loan Officer at Bank of Southern California. As a loan officer at both Bank of California
18 and Bank of Southern California I was responsible, among other things, for reviewing loan
19 applications, packaging loans and detennining whether borrowers applying for loans met
20 the bank's criterion. In addition to the above, since 1999 I have been a licensed real estate
21 broker. Attached hereto as Exhibit 20 is a true and correct copy of my most recent resume
22 outlining my experience and qualifications. .. -......' ~ .•. . ...·t·
23
24 3. When deciding whether to lend money t.o.~ bu~~r of residential rea]
25 estate, like Ms, Samaan, a lender examines three fadtors: ('j) the'borrower's ability to
26 repay the loan, (2) the borrower's willingness tq repay the loan aJ!d. (3) the leritier's ability
." • pW
1",
27 to recover the loan should the borrower fail to repay, With respect to the first category, the
28 lender will look to the borrower's incomclJfi.th::lebt structure. The second category is
-l~
W01·WEST:IMMKI1400111151.1 DECLARATION OF VICTOR PARKS
Notice #3
Exhibits Volume B
B-277
Case 05-90374 Document 260-7 Filed in TXSB on 05/08/09 Page 34 of 35
Case 2:08-cv-01551.. ;"P-CW Document 40-4 Filed· .7/2008 Page 3 of 13
1 analyzed based on the borrower's credit. For the first two categories the borrower is the
2 party who provides the lender with the requisite infonnation, such as a credit report, bank
3 account statements, etc. The third category - what happens jf the borrower defaults - is
4 based on the value of the property. The infonnation needed for the lender's analysis of this
5 category comes mostly from the seller. When a borrower has the property appraised,
6 he/she will submit that appraisal to the lender. The lender will then review the appraisal,
7 to detennine whether the value is justified. The lender will not approve the loan until it
8 has reviewed and approved the appraisal. In reviewing the appraisal the lender needs
9 several key documents, two of which are the preliminary title report and the fully executed
10 purchase agreement. The seller must provide the preliminary title report and the purchase
11 agreement must be executed by both parties. The preliminary title report may contain a
12 host of items that affect the value of the property. These items include encumbrances,
13 easements, encroachments, mineral rights, conditions, covenants and restrictions or Home
14 Owners Association restrictions. The lender a]so needs the fully executed Purchase
15 Agreement before it can review and approve the appraisal of a property, because the terms
16 of the purchase agreement may affect value. For example, jf a seIler has agreed to return
17 $]00,000 of tile portion price back to the buyer, then the value of the property should be
]8 reduced by $100,000. A lender cannot approve the appraisal and loan for a property
19 without first reviewing the preliminary title report and the execute purchase agreement.
20
21 4. In or around September 2004, 1 was retained by Nivie Samaan to
22 procure a loan for her to purchase the property located at 320 South Peck Drive, Beverly
27/· a Joan for her purchase of the Property. She informed me that escrow was to close on
28 November I, 2004. Samaan also told me-1l1ilsince she was going to be in Hawaii fOT one
, ..
..,.....---
• -";0:;;'- _.=.'
IW02-WEST:IMMKI'AOOI II 15.1.1
..
... --=---_._' .~ .
-2-
.._----:=:;:;-
_---=::.-.. --=
DECLARATION OF VICTOR PARKS
Notice #3
Exhibits Volume B
B-278
Case 05-90374 Document 260-7 Filed in TXSB on 05/08/09 Page 35 of 35
Case 2:08-cv-0155\. ,p-cw Document 40-4 Filed \ ,7/2008 Page 4 of 13
00
I week for her wedding, Zemik had agreed to move the acceptance date to September 23, to
2 allow Samaan enough time to meet her obligations under the parties' purchase agreement.
3 On or about September 24, Samaan submitted the necessary financial documents to me to
4 begin processing her loan. J asked Samaan for the fully executed Purchase Agreement, the
5 Preliminary Title Report and Escrow Instructions (the "Escrow Package"). She told me'
6 that she would contact the escrow company selected by Zernik Mara Escrow Company
12 not submit the loan to the lender, Countrywide, until I had the Prelimlnary Title Report and
13 the fully executed Purchase Agreement. I told Libow that we expected final Joan approval
14 in 10 days. Libow wrote back telling me 10 days is a lengthy period "given the buyer's
15 loan contingency". I responded that we had been informed that all deadlines would start
16 from September 23. Libow never told me or to my knowledge, anyone else, that he
17 disagreed with this understanding. Attached hereto as Exhibit 21 is a true and correct copy
19
20 7. On Wednesday, September 29, I called Mara Escrow and asked them
21 to send me the Escrow Package. I told Mara Escrow that any delay by tbe seller in
22 delivering the Preliminary Title Report and the fully signed Purchase Agreement would
23 delay the approval of the loan. The lender could not and wo~ld ~ot approve'the loan
24 without the Preliminary Title Report and the fu]]y executed Purchase Agreement. Mara
';
25 Escrow responded that they were waiting for docu~ents from Libow.
26
27
28 -152-
Notice #3
Exhibits Volume B
B-279
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 1 of 35
Case 2:08-cv-0155l ,p-cw Document 40-4 Filed l /7/2008 Page 5 of 13
( ("
1 8. The next day, I again contlcted Mara Escrow and asked that they rush
2 the Escrow Package to me. r did not receive a response to my message and notified
3 Samaan that J still had not received the Escrow Package.
4
5 9. On Tuesday, October 5, I again contacted Mara Escrow and asked for
6 the Escrow Package. I told Mara Escrow that I was ready to submit the loan for approval
7 but needed the Preliminary Title Report and the signed Purchase Agreement before I could
8 do so. Later that day Mara Escrow left a voicemail for me informing me that they needed
9 more time to send the Escrow Package. Mara Escrow told me "you're a little premature ..
10 .. could you call us back in a few days ... and then we can send you what you need."
11 Attached hereto as Exhibit 22 is a true and correct copy of transcript of Mara Escrow's
12 voicemail for me. After receiving this voicemail, I sent an email to Libow telling him
13 "we'll be ready to submit for loan approval tomorrow when the appraisal is in.
21 6, I urged Samaan to contact Mara Escrow. Finally, on Wednesday, October 6, after the
22 close of business, at 5:38 p.m., Mara Escrow sent some, bul not all, of the necessary
23 documents to me. Specifically, Mara Escrow delivered..the Escrow Instiu.ctions and the
• •: > " .. _.J • .'
24 Preliminary Title Report. Mara Escrow did'· not, however, deliver the fully executed
25 Purchase Agreement. Because Mara Escrow sent
:.
the document after the close of business,
. , . ... ." ~
26 I did not receive the documents until the next day, Thursday, October 7. One day later, I
.;
27 notified Libow that I was submitting the loaTl;}9 the lender, Countrywide'f'6r approval but
28 -153-
I W02·WEST:JMMK1\.lnOIl1l51.1
-4-
DECLARAnON OF VICTOR PARKS
Notice #3
Exhibits Volume B
B-280
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 2 of 35
~
I that the lender would not receive it until October 12, because Monday October 11 was a
2 holiday.
3
4 II. The following week, on Friday, October 15, I learned that the lender,
5 Countrywide was suspending a decision on the loan because Zemik had not yet sent me
6 the fully executed Purchase Agreement. Attached hereto as Exhibit 24 is a true and correct
7 copy of Countrywide's notice which states the reason fOT the suspension. 1 immediately
8 contacted Mara Escrow and urged them to send me the fully executed Purchase
9 Agreement. Mara Escrow told me that they had not yet received the signed Purchase
10 Agreement from Zemik. The following Monday, October 18, Mara Escrow sent me some
11 additional documents, but still not the fully executed Purchase Agreement. Not having
14
15 12. On Monday October J8, at my urging, Countrywide conditionally
16 approved the Joan. I informed Libow of this fact and told him that the loan is conditioned
17 on the appraisal review due by the end of the week, October 22, and the lender receiving
1& the executed Purchase Agreement.
19
20 13. On Thursday, October 21, I contacted Mara Escrow and infonned
21 them that J was ready to order the loan documents, but could not do so until I received the
22 fully executed Purchase Agreement.
23
24 14. On Friday, October 22, Mara Escrow sent me the Purchase
28/ "crow to ",able ~ern;k 10 fiod .oothe< pi~::I wrote Libow back and ...mioded him that
IW02-WEST:I:IofMKIW00111ISI.I DECLARATION OF VICTOR PARKS
Notice #3
Exhibits Volume B
B-281
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 3 of 35
Case 2:08-cv-0155l ,p-cw Document 40-4 Filed I.. .7/2008 Page 7 of 13
he had not provided us with the Preliminary Title Report until October 8, 2004, and
2 because Monday October 11 was a holiday, Countrywide did not receive it until October
3 12. Attached hereto as Exhibit 25 is a true and correct copy afmy email to Libow dated
4 October 22,2004.
51
6 15. The following Monday, October 25, I received the lender appraisal
7 approval and immediately informed Libow of the same. Attached hereto as Exhibit 26 is a
8 true and correct copy of my email to Libow dated October 25, 2004.
-' 9
10 ]6. The only reason Countrywide did not approve the appraisal of the
11 Property was that we did nottimely receive the Preliminary Title Report and the executed
12 Purchase Agreement. Here, Zemik and Libow did not deliver the Preliminary Title Report
13 to me until Thursday, October 7, 2004, one day before a three-day weekend. Therefore,
14 Countrywide did not have the Preliminary Title Report until Tuesday October 12. But
IS even with the preliminary title report Countrywide could not approve the appraisal until it
16 had the Purchase Agreement, which Zemik did not provide to us until Friday, October 22,
17 one day before he attempted to cancel escrow. Even with all of Zemik's delays, the loan
18 was approved on October 22. Had Zemik provided us with the Preliminary Title Report
19 and the signed Purchase Agreement when he was supposed to do so, Countrywide would
20 have approved the appraisal of the Property in time for Samaan to remove the Appraisal
21
-155-
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Notice #3
Exhibits Volume B
B-282
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 4 of 35
Case 2:08-cv-0155l . . P-CW Document 40-4
Filed \. /712008 Page 8 of 13
Oct 27
1 Contingency by October 11. We had one full week before the deadline for <:lose of
2 escrow. It would have only taken a few days for the loan documents to be prepared.
3 Based on my experience I believe that the parties could have closed escrow by November
4 1,2()04.
5
61 I declare nnder penalty ofpetjury under the Jaws afthe State ofCalifomra
7 J that the foregoing is true and conect.
8
JO
9
Executed on October ~ 2006 at ~ DI ~,.> ,
California.
11
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IS
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Notice #3
Exhibits Volume 8
8-283
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 5 of 35
Case 2:08-cv-0155l ,;"P-CW Document 40-4 Filed to 1]12008 Page 9 of 13
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-157-
Notice #3
Exhibits Volume B
B-284
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 6 of 35
Case 2:08-cv-0155t \p-cw Document 40-4 Filed L . 7/2008 Page 10 of 13
SO~
- - --.----.-- '*' au •
271 781:5
0 C•
.. ~,
Ms. Samllan has been Prequalif&ed (or an 80110/10 Jumbo 5/1 Interest Oniy 1::1 mortgage at 4 375%
njj
and a 4.5% Interest Orly 2 mortgage. She has excellent credit (748 Fico), good income-to-cJe!)t
ratios and over $200,000 in \/erified liquefiable assets.
Respectfully.
Victor Parks
-158-
L: I 39\fc!
Notice #3
Exhibits Volume B
B-285
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 7 of 35
Case 2:08-cv-0155G .P-cw Document 40-4 FiledL .7/2008 Page 11 of 13
------ ........... ~
r .
!~:: :,!"ic~S\J': ~iN~:~ ~~: 't~ ;j 2.73
L(lf~V'~"'. (,.'., :~ .•,., <1,'~.1 ..
NiV;tl Samllllll
1227 \~ S. J\lli~(1 Slrccl
Lo~ !\ng\;!Io::'. CA 90035
KE: "KE-OllJ\L.IFICI\T10N
I~;;I( "iyic:
11l;lllk yllll fur Ihl: <lpll"J1l1nily In rn,r"."i"n:llly ~crvc YUII. Out "n;cC' h:.,; rc... ic:wcd y.'nr ;"l!O"tc.
C,l,'tJ'l. and source uf fitnds. Hnl! wc'r" h;lppy \0 conlinll tflat you've h.:co prc-qu:lfilictl lu Ptln,;h.l~": ..
Sl.700.000 hl>mc with SOIl 0110 Iinancin~t, ih,~ pn:~u:1ljfi,,"tjOl'l i~ :;Uhjcct TO written verification
;1111.1 filII :lll['l'lW,11 from ,lUI' llndcrwl'i[illJ.'.lt~~\rll\lo;lll.
My leam and I :\rc ~dic:lld Itl g;~;o~, Y\)\J the h<l<\ <cI'\·icc. ~Urjlllrt. and pmdl'cl .. t,)'whcr~! Wc nrc
~UllliJI:JI\ lhil. )'1'11 .... ;111;11" ,\111' lcvel "f,;ct"vicl: :11l() o.:llllllllllmo.:nl.';U:lllld (1lIk'1l1: 1
I I.'l'\': rl,r"':'ft! 10' .....Mltill1t ",irh ~'ou to ;\ ;'1ICCl..~sful clll,<;C (lr l:~Cr\IW. Shlll.ll\ ~')11 ,te,i~ addititlll:li
inlhnnalioll. plc:',c (I'd ,''':..: 10 C;1\lIla~lllh: .n' (llllS) 575-569).
Vi~II" I'ar!.;:oo
~(. I.oan C.m"uILlll!
-159-
Notice #3
Exhibits Volume B
B-286
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 8 of 35
Case 2:08-cv-0155C
·- .P-cw Document 40-4 Filed L .7/2008 Page 12 of 13
JOSEPH ZERNIK
4215 Saint George Street
Los Angeles, CA 90027
T: 310 435-9107 F: 80 I 998-0917 E: jz 12345@earthlink.net
PLAINTIFF(S). 08-CV-01550-VAP-CW
v.
JACQUELINE CONNOR ET AL
PROOF OF SERVICE - ACKNOWLEDGMENT
OF SERVICE
DEFENDANT(S).
1. the undersigned. certify and declare that I am over the age of 18 years, employed in the County of
Los Angeles, , State of California. and not a
party to the above-entitled cause. On April 15th • 20 08 , I served a true copy of
NOTICE OF SAMAAN'S FRAUDULENT LOAN APPLICAnONS AND UNDERWRITING BY COUNTRYWIDE
by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by
depositing it in the United States Mail in a sealed envelope with the postage thereon fully prepaid to the follOWing:
(list names and addresses for person(s) served. Attach additional pages if necessary.)
o I hereby certify that I am a member of the Bar of the United States District Court. Central District of
California.
o I hereby certifY that I am employed in the office of a member of the Bar of this Court at whose direction the
service was made.
IiiI I hereby wtify und" the penalty of petiu!}' t~ y~
Notice #3
Exhibits Volume B
B-287
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 9 of 35
Case 2:08-cv-0155C .P-cw Document 40-4 Filed L 7/2008 Page 13 of 13
Sarah L Overton
Cummings McClorey Davis Acho and Associates
3801 University Avenue
Suite 700
Riverside, CA 9250 I
951-276-4420
Email: soverton@cmda-Iaw.com
John W Patton, Jr
Pasternak Pasternak & Patton
1875 Century Park E
Suite 2200
Los Angeles, CA 90067-2523
310-553-1500
Email: jwp@paslaw.com
Michael L Wachtell
Buchalter Nemer PC
1000 Wilshire Boulevard Suite 1500
Los Angeles, CA 90017-2457
213-891-5761
Email: mwachtell@buchalter.com
John Amberg
Bryan Cave, LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Tel (3101 576-2100
Fax (3101 576-2200
Email: jwamberg@BryanCave.com
Notice #3
Exhibits Volume B
B-288
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 10 of 35
1
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6
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26 Exhibit B(4)
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Notice #3
Exhibits Volume B
B-289
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 11 of 35
Case 2:08-cv-015~ AP-CW Document 38 Filed O·
...
1 Joseph Zemik
2 2415 Saint George St.
Los Angeles, CA 90027
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Notice #3
Exhibits Volume B
B-290
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 12 of 35
Case 2:08-cv-015~ ,AP-CW Document 38 Filed (; _ . 112008 Page 2 of 50
Notice #3
Exhibits Volume B
B-291
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 13 of 35
Case 2:08-cv-015t. , AP-CW Document 38 Filed 0- - . 112008 Page 3 of 50
1 refused to either draft or sign a declaration under penalty of perjury on Nov 6, 2006, to the
2 signer of a short fraudulent perjurious, somewhat oblique declaration on May 23, 2007, and
3 finally - to a signer of a fully blown, rambunctious, fraudulent and perjurious declaration on
4 Aug 3, 2007. One must recall that in November 2006 Zernik was not yet aware of any of the
5 facts listed here, but by January 2007 he already filed a complaint with the FBI listing fraud
6 by Samaan, Lloyd, McLaurin, and Countrywide, and correspondence by Keshavarzi
7 protested McLaurin's listing in Zernik's FBI complaint as a cause for actions against Zernik.
8 The following document provide evidence of the initial formative correspondence that
9 preceded these fraudulent misidentifications and misrepresentations: Nov 3-6, 2006
10 Correspondence ofJae Arre Lloyd (Lloyd, Samaan's husband), Mohammad Keshavarzi
11 (Keshavarzi, Samaan's Counsel), and Victor Parks (Parks, Samaan's Loan Broker) ( Exh
12 D).
13 This communication demonstrates that Samaan's relationship with (CHL) McLaurin,
14 through her husband, Lloyd, was beyond that of an arm's length mortgage applicant and a
15 bank manager.
16 At the beginning of this correspondence, on Nov 3,2006, Lloyd suggests that a claim
17 be made that Zernik's signature/initials on the initial offer of Sept 4,2004 prevented final
18 approval of Samaan's loans. But by the end of this correspondence, on Nov 6, 2004,
19 McLaurin signed the letter presented first as part of the correspondence in Exh D, and again
20 as it was submitted in Court in Exh A, as an attachment to the Nov 6, 2006 Parks'
21 Supplemental Declaration. Combined, Parks' declaration and McLaurin's letter
22 misrepresent Zernik's initials/signature as the primary or the only cause for immediate
23 suspension ofSamaan's loan applications, on Oct 14, 2004, after their purported first ever
24 submission on Oct 12,2004.
25 Please note:
26 1. Notice ofSamaan's Fraudulent Loan Applications and their Underwriting reviewed
27 in greater detail the issue of fraudulent misrepresentations by Samaan and Countrywide
28 regarding receipt of the loan applications. That notice shows that in fact on Oct 12,2004,
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NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
B-292
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 14 of 35
Case 2:08-cv-015t. AP-CW Document 38 Filed 0·. _/12008 Page 4 of 50
1 Samaan's loan applications were marked as "Received" for the second time, not the first
2 time. Such applications were received for the first time being in the first week of October,
3 2004.
4 2. Notice ofSamaan 's Fraudulent Loan Applications and their Underwriting, and also
5 Notice ofPurchase Contract also showed that the Purchase Contract was never submitted
6 to Countrywide even on Oct 25, 2004, 5:03pm, as claimed, let alone Oct 12, or Oct 14, 2004.
7 Therefore, there was no way that anybody in Countrywide could make any determination, let
8 alone decision on suspension regarding such initials/signature on that document. Indeed,
9 there is no document to that effect from 2004. Therefore McLaurin's fraudulent
10 declarations in 2006 and 2007 became imperative or Samaan's fraudulent claims.
11 3. In November 2006 McLaurin was still cautious, and she refused to sign Keshavarzi's
12 proposed declaration. Instead she signed a letter, with an attached copy of the invalid Oct
13 26, 2004 Underwriting Condition/Decision Letter, misidentifying it as a valid Underwriting
14 Condition/Decision Letter of Oct 14,2004 or mid-October 2004. The Notice ofpurported
15 Valid Underwriting Letter describes in greater detail the fraudulent representations
16 regarding that document.
17 4. Combined, the Nov 6, 2006 McLaurin's Letter and the Nov 6, 2006 Parks'
18 Supplemental Declaration misidentified and mischaracterized the document attached to
19 McLaurin's letter as an Oct 14, 2004 or mid-October 2004 Notice of Suspension. In fact, the
20 Underwriting Letter attached to McLaurin's letter is dated Oct 26,2004, and the true and
21 correct Oct 14. 2004 notice of suspension is the Oct 14, 2004 Underwriting
22 Decision/Condition Letter attached to McLaurin's Aug 3, 2007 Declaration (Exh C). But
23 there again, McLaurin falsely misidentifies and misrepresents that document as an approval
24 letter. By Oct 26, 2004, the day that this Underwriting Decision/Condition Letter in Exh A
25 was issued, Samaan's loan applications should have been terminated, had the conditions set
26 on Oct 14,2004 by the duly assigned underwriter - Diane Frazier were kept. But as shown
27 in the Notice ofSamaan 's Fraudulent Loan Applic{ltion and their Underwriting, by Oct
28 25,2004, McLaurin assumed underwriting for Samaan's loans, and disregarded the
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NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
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Case 2:08-cv-015~ , AP-CW Document 38 Filed o. . 112008 Page 5 of 50
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NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
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Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 16 of 35
Case 2:08-cv-015t., AP-CW Document 38 Filed 0- ! 12008 Page 6 of 50
1 and their Underwriting by Countrywide, already by Oct 6, 2004, the duly authorized
2 underwriter, Diane Frazier, identified Samaan's fraudulent employment data, and also Clues
3 and Frazier both identified Samaan's loan applications as invalid - for failing to list any loan
4 fees as required (0.75%), and therefore - also listing false closing costs.
5 7. McLaurin continues and falsely states (15):
6 "A fully executed purchase agreement enables Countrywide to approve
the appraisal of the property prior to approving a loan, because the terms
7 of the purchase agreement may affect the value of the property.
Countrywide will not approve a loan until it has reviewed and approved
the appraisal on the property for which the loan is being obtained."
8
Here McLaurin is trying to provide a convoluted explanation why Samaan could not
9
remove her appraisal contingency, when in fact she already had an appraisal that came in at
10
sales price. The explanation provided here, beyond being entirely illogical, is also entirely
11
inconsistent with the true facts in this matter. What was missing was not Countrywide's
12
approval of the appraisal. What was missing was a review appraisal. And the duly assigned
13
Underwriter, Diane Frazier, set a condition that the review appraisal would not be ordered
14
prior to receipt of new, valid loan applications (1003). In fact, once she removed Diane
15
Frazier from underwriting of the Samaan loan applications, McLaurin ordered the Review
16
Appraisal on Oct 25, 2004, although the purported "fully executed" contract was still not
17
provided to Countrywide.
18
Yet even ordering the review appraisal, and purportedly receiving the "fully executed
19
contract" on Oct 25, 2004 was not sufficient for loan approval - the review appraisal did not
20
arrive until Nov 3, 2004 (Exh E). And the Nov 3,2004 Underwriting Decision/Condition
21
Letter still lists the "fully executed contract" as missing. Obviously, the fax header imprint of
22
that docwnent, reading receipt on Oct 25, 2004 was the product of the wire/fax scheme
23
(explained in greater detail in xxx Notice ofPurchase Contract) and the docwnent was not
24
part of the loan file even as of Nov 3, 2004.
25
All together, none of McLaurin's statements is supported by the real documents from
26
2004, since McLaurin's statements are entirely fabricated. Her statements can only be
27
accepted as self-standing alternative reality, different that than that documented by the true
28
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NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
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Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 17 of 35
Case 2:08-cv-015~ ,AP-CW Document 38 Filed 0..... 112008 Page 7 of 50
1 facts - that which is sometimes called fibulations, and here is more of repetitive fraudulence.
2 III
3 The Aug 3, 2007 McLaurin's Supplemental Declaration is replete with false and
4 misleading statements.
5 8. McLaurin falsely and misleadingly states ('P):
"I oversee all loans coming into the branch, from registration through
6 underwriting and funding. Based on my review of the loan file, I have
personal knowledge of all facts set forth in this declaration."
7
Here McLaurin misrepresents her acquaintance with Samaan's loan as a regular
8
Branch Manager knowledge of all loans approved in her branch, and based on review after
9
the fact. That was not the case at all. McLaurin assumed underwriter's responsibilities in
10
Salnaan's loans instead of the duly assigned underwriter, and continued to do so even though
11
Gadi, Underwriting Supervisor, instructed her that a local branch underwriter must review
12
the loan applications. And she had personal communications with applicant's husband,
13
Lloyd, including communications regarding this particular loan applications in 2006. It
14
almost appears as if nobody told McLaurin that the Legal Division of Countrywide
15
produced to Zernik her email correspondence with Lloyd. These issues were reviewed in
16
greater detail in the Notice ofSamaan 's loan applications and their underwriting by
17
Countrywide
18
9. McLaurin falsely states (~3):
19 "When a loan is "Referred," it does not mean that there is a problem with
the loan application".
20 The referral of Samaan's loan application definitely meant that there were problems
21
with Samaan's loan applications - violations of program rules by refusing to list any loan
22
fees, and false employment data with no reasonable explanation.
23
10. McLaurin falsely misrepresents (~4):
24 "Loans for an amount greater than one million dollar require corporate
approval."
25
McLaurin misrepresents the Referral of Samaan's loan as a routine referral. In fact,
26
the referral was due to the insistence of Samaan and McLaurin on an exception - that
27
Samaan not pay the required loan fees of 0.75%, as required by program rules.
28
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NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
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Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 18 of 35
Case 2:08-cv-015!.. I AP-CW Document 38 Filed 0·... 1/2008 Page 8 of 50
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NOTICE OF FRAUDULENT DECLARATrONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
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Case 2:08-cv-015L ,AP.,.CW Document 38 Filed 0·. .112008 Page 9 of 50
1 misrepresents and misidentifies the letter attached to her previous declaration as being on
2 Oct 14,2004, when in fact it was clearly marked as a document issued on Oct 26, 2004. She
3 now falsely states that on Oct 14, 2004 Countrywide issued two underwriting letters to
4 Samaan: One stating conditional approval, and the other stating suspension. That McLaurin
5 could author such crooked illogical declaration, that nobody in Countrywide reviewed her
6 declarations prior to their submission in court, and that Countrywide now continues to
7 support these declarations (McLaurin is still Branch Manager in San Rafael), is explained
8 only on the background of the March 5, 2008 Opinion of Judge JeffBohm from US District
9 Court in Houston Texas and the United States Trustee (filed under separate cover),
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NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume 8
8-298
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 20 of 35
Case 2:08-cv-0155, AP-CW Document 38 Filed OL" _, 12008 Page 10 of 50
1 IV. There is no evidence that Samaan's mother ever provided the required
2 letter regarding ownership and access to the funds in the joint account.
3 b. Ms Samaan's loans were never approved by the underwriter on Oct 25,2004, and
4 never sent for corporate approval on October 25,2004 by the Underwriter. The duly
5 assigned underwriter, Diane Frazier, was displaced by Oct 25, 2004, and it was
6 McLaurin herself who sent to Gadi on Oct 25,2004 the fraudulent Oct 25,2004
7 Exception Request - Branch Input (described in greater detail in the Notice of
8 Samaan's Fraudulent Loans and Their Underwriting).
9 c. Corporate Department never approved Samaan's loans by Oct 29,2004 either. Gadi's
10 Oct 29, 2004 Response to Exception Request is copied and analyzed in greater detail
11 in Notice ofSamaan 's Fraudulent Loans and Their Underwriting.
12 15. McLaurin falsely states (19):
13 "I have been informed of Mr Zernik's allegation that the October 14, 2004
suspension letter was issued on October 26, 2004 and is "an instrument
14 of deception." There is no merit to Mr. Zernik's allegations. The
suspension letter was issued on October 14, 2004 as evidenced by the
date on the second page. The document was printed on October 26, 2004,
15 not Issued on that date. This suspension letter appears to be a printout
from Countrywide's Computer program and to my knowledge is accurate
16 and valid. There is no requirement that such letters be signed by the
underwriter. The fact that the letter is not signed does not mean that it is
17 not valid."
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NOTICE OF FRAUDULENT DECLARAnONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
B-299
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 21 of 35
Case 2:08-cv-0155... AP-CW Document 38 Filed 04, . '/2008 Page 11 of 50
1 If this letter was issued on Oct 14, 2004, then Countrywide should have produced the
2 Oct 14, 2004 letter, not a "recreated letter" of Oct 26, 2004, but misrepresented as a
3 docmnent of Oct 14,2004.
4 16. McLaurin further falsely states (110):
5 "I have never met Ms. Samaan or Jae Arre Lloyd, and do not know them
personally. My involvement in the processing of Ms Samaan's loans was to
sign off on two conditions, which had been met: (1) condition 027, which
6 was met on October 25, 2004 and required Ms Samaan to provide an
acceptable explanation for the discrepancy between the business address
7 and the business address we found In our reverse 411 search, and (2)
condition 138, which required corporate approval of 0,75 0/0 to be added to
8 Ms Samaan's loan fees. The latter condition was an Internal condition
which did not require anything additional from Ms Samaan, Both these
9 conditions had been met on October 25, 2004, so 1 signed off on them. 1
signed off on these conditions to ease underwriting supervisor Diane
10 Frazier's workload, which is not uncommon for a branch manager to do.
These sign offs were ministerial and administrative in nature,"
11
This paragraph again is replete with false and deliberately misleading statements.
12
McLaurin here again states that she does not know Lloyd, in a docmnent she signs on Aug
13
3,2007, but Countrywide produced her personal email correspondence with Lloyd, on first
14
name basis, dated from Nov 3 - Nov 6, 2006.
15
McLaurin here states that she only signed off on two conditions, falsely and
16
misleadingly misrepresenting that Frazier was still in charge of the underwriting of Samaan's
17
loan applications, when in fact, Frazier was dismissed from the underwriting ofSamaan's
18
loan applications by Oct 25,2004, and McLaurin, with help from her assistant, Kirstin Ortin
19
took care of that after that day.
20
McLaurin here confirms that Countrywide's underwriter found out about Samaan's
21
false employment data through the reverse 411 search. But the printout of the reverse lookup
22
of 411 is dated Oct 6, 2004. Therefore, if we are to believe these convoluted lies, then
23
Diane Frazier discovered Samaan's false and fraudulent employment data listed in her loan
24
application even before these loan applications were received in Countrywide.
25
In and of itself, this statement confirms that the whole history of Samaan'sloan
26
applications and their underwriting provided by Countrywide Legal Division, by McLaurin,
27
by Samaan, by Keshavarzi, and by Parks, was nothing but convoluted fraud.
28
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NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
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Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 22 of 35
Case 2:08-cv-0155, AP-CW Document 38
Filed 0<.,.. //2008 Page 12 of 50
1 McLaurin goes on to state that her singing off in Frazier's name was no unusual act.
2 But as is obvious from Mr Gadi's communication from Oct 29,2004 it was unusual enough
3 that he demanded that it not be repeated, and that Samaan's loan applications be
4 underwritten and signed off by a Branch Underwriter. And yet, even though Samaan's loan
5 applications were forwarded by Countrywide Home Loans, Inc, San Rafael Branch for
6 funding by Countrywide Bank on Jan 27,2005, there is no indication in any of the
7 documents in Samaan's loan file that Diane Frazier, or for that matter - any other
8 underwriter ever laid eye on her loan applications or signed off on them.
9 But then again- on Jan 27,2005 Countrywide Bank denied funding ofSamaan's loan
10 applications, contrary to the false and misleading history propagated by McLaurin, Samaan,
11 Parks, and Keshavarzi, and in 2007, in investigation by the Federal Office of Thrift
12 Supervision, in response to complaint by Zemik, Countrywide Bank stated that it would
13 never have funded Samaan's loan applications.
14 17. McLaurin further falsely states ('11):
15 "The October 14, 2004 CLUES report proVides, in part, that "Reduced
Documentation Is not allowed on a Non-Conforming Mega Loan... The max
16 loan amount is $1,000,000 on Non-Conf ARM Fixed Period ..... This does
not mean that Ms Samaan had applied for the wrong loan."
17
McLaurin again engages in the practice of false and misleading statements, and
18
misrepresentation of financial documents. She quotes a statement, then states that theh
19
statement means the opposite of what the statement states.
20
18. McLaurin continues to falsely state ('12):
21 "I have been Informed of Mr Zernlk's allegation that Ms Samaan did not
have 6 months reserve required for the loan she applied for. This Is
22 incorrect. Countrywide verified that Ms Samaan had more than 6 months
reserve for her loan. This is reflected on the CLUES report for Ms
23 Samaan's second loan (no. 81737383)•••"
When one CLUES report is not saying what McLaurin likes, she skips to another
24
CLUES report of another loan...regardless of the fact that neither CLUES report was valid.
25
In his Oct 29, 2004 reply to McLaurin Oct 25, 2004 Exception Request, described in more
26
detail in a document titled: "Samaan's Fraudulent Loan Applications and their
27
Underwriting" Mr Gadi explicitly rebuked the fact that McLaurin filed her exception request
28
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NOTICE OF FRAUDULENT DECLARAnONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
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Case 2:08-cv-0155, AP-CW Document 38 Filed 0..,.. 1/2008 Page 13 of 50
1 with no valid CLUES report, and set yet another condition -- that a valid CLUES report be
2 generated for Samaan's loan applications. Yet there is no evidence in Samaan's loan file that
3 such was ever done. McLaurin is of course aware of all of that, yet she continues to make
5 19. McLaurin again engages in misrepresentation and false and deliberately misleading
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NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
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Case 2:08-cv-0155, AP-CW Document 38
Filed 0..... . 1/2008 Page 14 of 50
1
STATEMENT OF VERIFICATION OF NOTICE OF
2
MCLAURIN'S FRAUDULENT DECLARATIONS
3 &
MISIDENTIFICATIONIMISREPRESENATION OF DOCUMENTS
4
I, Joseph Zernik, am Defendant & Cross Complainant in Samaan v Zernik
5 (SC087400) matter heard in Los Angeles Superior Court, West District, I am also Appellant
6 in Zernik v Los Angeles Superior Court: (B203063), and also Plaintiff in Zernik v Connor et
7 al (CV 08-01550) matter heard in the United States District Court, Los Angeles, California.
8
I have read the foregoing Notice ofMcLaurin's Fraudulent Declarations &
9 Misidentijication/Misrepresenation ofDocuments and I know the content thereof to be
10 true and correct. It is correct based on my own personal knowledge as the one who was
11 personally involved in review of Countrywide's Sasmaan's underwriting documents, the
12 Meet and Confer with Attorneys Shatz and Boock, and the one who talked directly with
13
McLaurin and with Frazier about events surrounding the underwriting of Samaan' s loans in
14 2004 and the production of the loan documents in 2006. I make this declaration that the
15 foregoing is true and correct under penalty of peljury pursuant to the laws of California and
16 the United States.
17
Executed here in Los Angeles, County of Los An~eles. California, on this 14 day in
th
18
19
April, 2008.
).~ ~
20 Joseph Zernik
21 Plaintiff
in proper
22
23
24
25
26
27
28
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NOTICE OF FRAUDutENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume B
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Case 2:08-cv-0155" AP-CW Document 38 Filed OL,. . 1/2008 Page 15 of 50
1 LIST OF EXHIBITS
2
Exhibit A Nov 6, 2006 McLaurin Letter and Attached Document
3
ExhibitB May 23, 2007 McLaurin Declaration and Attached Document
4
5 Exhibit C Aug 3,2007 McLaurin Declaration and Attached Document
6
ExhibitD Nov 3-6, 2006 Correspondence of Jae Arre Lloyd (Samaan's husband),
7 Mohammad Keshavarzi (Samaan's Counsel), and Victor Parks (Samaan's
Loan Broker)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Notice #3
Exhibits Volume B
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Case 2:08-cv-0155\. AP-CW Document 38
Filed 04. . 12008 Page 16 of 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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25
26
27
EXHIBIT A
28
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3
4 1. I am a Senior Loan Consultant with Pacific Mortgage Loan
5 Consultants. 1 submit this declaration in support ofNivie Samaan's Sur-Reply to
6 defendant Jospeh Zemik's ("Zernik") Motion to Expunge Lis Pendens. I have personal
7 knowledge of the facts set forth berein, which are known by me to be true and corre¢t, and
8 if called as a witness, I could and would competently testify thereto.
9
2. Attached hereto as Exhibit 27 is a true and correct copy of the
10
Purchase Agreement that Mara Escrow me on October 22, 2004. The fax line on the top of
11
the doouments shows that Mara Escrow sent it on October 22, 2004, at 3:42 p.m. This
12
document was not signed or initialed by the defendanL
13
14 3. Attached hereto as Exhibit 28, is a true and correct copy of a letter I
15 received from Countrywide Home Loans. Inc., dated November 6, 2006, confJnning that
16 on or around October 14.2004, Countrywide suspended the processing of Ms. Samaan's
17 loan because they had not yet received Q copy of the fully executed Purchase Agreement.
18 This letter is accompanied by the actual Notice of Suspension that Countrywide sent me in
19 October 2004.
20
21 I declare under penalty of perjury under the laws of the State of California
28
Notice #3
Exhibits Volume B
B-306
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 28 of 35
Case 2:08-cv-0155, AP-CW Document 38 Filed 0,->. (12008 Page 18 of 50
N ember 6. 2006
Vi r Parks
Pa ific Mortgage Consultants
Re Nivie Samaan
Loan Number 81737375
Property Bddress: 320 S Peck Dr
Beverly Hills, CA 90212
Notice #3
Exhibits Volume B
B-307
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 29 of 35
Case 2:08-cv-0155< AP-CW Document 38 Filed 04, ( 12008 Page 19 of 50
no
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Notice #3
Exhibits Volume B
B-308
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 30 of 35
Case 2:08-cv-0155, AP-CW Document 38 Filed 0.... //2008 Page 20 of 50
_-_.........__.._--------._-
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Notice #3
Exhibits Volume B
B-309
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 31 of 35
Case 2:08-cv-0155" AP-CW Document 38 Filed 04. . /2008 Page 21 of 50
1
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8
9
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27
EXHIBITB
28
-3-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Notice #3
Exhibits Volume 8
8-310
AP-CW Document 38
-
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 32 of 35
Case 2:08-cv-015!h. Filed 04. '/2008 Page 22 of 50
Notice #3
Exhibits Volume 8
8-311
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 33 of 35
Case 2:08-cv-0155, .AP-CW Document 38
Filed 0".. 112008 Page 23 of 50
Notice #3
EXhibits Volume B
B-312
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 34 of 35
Case 2:08-cv-0155, AP-CW Document 38
Filed 0<" . ,/2008 Page 24 of 50
......,.
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17
18
19
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22
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24
25
26
27
28
0714319286
JiiOi-We$'l·:IMMKI\40032ClZ67.1 OECLAAI\TION OF MARIA McLAURIN
Notice #3
Exhibits Volume 8
8-313
Case 05-90374 Document 260-8 Filed in TXSB on 05/08/09 Page 35 of 35
~.
Notice #3
Exhibits Volume B
B-314
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 1 of 35
Case 2:08-cv-015S\.
Ca se 2:08-cv-015S\. APAP-CW
-CW cument 3838 File
DoDocument 008 Page 26 0150
. 112112008
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Notice #3
Notice #3 Volume 8
EXhibits
EXhibits
8-31Volume
5 8
8-315
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 2 of 35
Case 2:08-cv-0155l> -CW
Ca se 2:08-cv-0155l> APAP-CW cum ent 3838 File
DoDocument .1/ 200 8
d 04'04'.1/2008
Filed Pag e 27 of 50
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Notice #3
Notice #3
Exhibits Volume B
Exhibits
B-31Volume
6 B
B-316
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 3 of 35
cument 3838 Filed 0,->, //2008 Page 28 of 50
Case 2:08-cv-0155\. AP-CW DoDocument
Case 2:08-cv-0155\. AP-CW Filed 0,->, //2008 Page 28 of 50
1
1
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2
3
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27 EXHIBITC
EXHIBITC
28
28
-4--4-
lA MCLAURIN, BRA NCH MANAGER, COUNTRYWIDE
NOTICE OF FRAUDULENT DECLARAnONS
LEN T DEC OF OF
LAR AnO NS MARMCLAURIN,
MARlA BRANCH MANAGER, COUNTRYWIDE
NOT ICE OF FRA UDU
Notice #3
Notice #3
Exhibits Volume B
Exhibits
B-31Volume
7 B
B-317
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 4 of 35
Case 2:08-cv-0155\. AP-CW DoDocument
Ca se 2:08-cv-0155\. AP -CW cum ent 3838 File . ,/2
d 04,04,
Filed 008
. ,/2008 Pag e 29 of 50
Page 29 of 50
0721501714
0721501714
Notice #3
Notice #3 B
Exhibits Volume
B-31Volume
Exhibits 8 B
B-318
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 5 of 35
Case 2:08-cv-0155.. AP-CW Document 38 Filed 04, . (12008 Page 30 of 50
l~)an i~ lhen "Rt:!rerred," A Referral can occu:- for many reasons. including. for example.
2 lht: !o<Jn is oul:ikk of our gutc.kliru:::. tlr WI; need veri lIeation of addilional inf,)rn)atiOl~ from
) the borrower. The- loar. is "Referred" to an underwritcr who assesscs risk. Ifw~ dv reccive
4 1(J CLUES appruval or "acc~:)t:' the loan still must be reviewed by an underwriter. and (h~
I
S loan data must he validated. The automated svstcm sets forth rules and c:uidelines in
1 - -
6 I helping the undernTiters make :hcir decisions. When 11 loan is "RdCm.:d." il does not
7 mt:an that there arc problems with the loom <Jpplit.:atitm. Ralkr. the "Rel'erred" d¢signmion
8 simply means that the CLUES systelT. hclS relerred a loan application to a:l ~O(kr\Vrilcr t~~
9 '\Itlrify c~l1.ain information or obL.ain corporutc approval. 1: is not unl;(>mm,:m for <1 \c,an
II
12 i 4. Fl.lr ~omc loans that involve a large amount ol'money, including \1~.
I, i Samaan's loan. oncc a loan is "Referrcd" bv CLUES. an underwriter will r~\'iew the
I~ ! application. will a8k !I)r any additioni:ll do:umcnt5 that may bl: necessary. and upon rcccipi
15 I of all addition:)l documents and sa~isfaclion of underwriting condilions and rcquir~lllt:nls,
16 will approve the lmm and will sene i: 10 the corpr.1I·a1e department for f:nal approval.
17 Loans for an amount tiT <";(lInhined amount 01' greater than one million dollar:; r~quire
18 corporate approval.
19
5. In mid-Ol:\t1ht:r ~()(}4. CLliES procc~~cd Ms. S~maan·:. loan:; ~nd
20
21 "Referred" Ihem to an underwritcr. Th.: I TV:CLlY (10:ln tC' \':llll':<(;Iln1'~ined loan 10
22 valuc) for Ms. Sarna<lll's loans rc(;uin::d (1n exception :lnd c()J'pornte :lpproV<l1. which \Val-
23 received or. Qctobt:f 29.2004. On October :4.2004, Counlrywide issued;l kller :>elLing
24 forth thl: conditions thill had tl) be salisfied before loan no. S 173i375 could bl,; ;jpprc.vcd.
25 AlLachcd herelo a~ Exhibit "C" is a true and correCI copy of the under....,.iting I,;vnaitiOlls
26 letter for loan no. 81737375. issued by Countrywide on October 14. 2004. Thi~ ietter
27 ,informed M~. Samaan's broker that "subject to the specifi~ condition:; li&ICd bcklW, we will
28 Ibe able to approve your loan submission.· '111is letter SCI forth 7 conditions that haow be
o
."1.
Notice #3
Exhibits Volume B
B-319
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 6 of 35
Case2:08-c
Case 2:08-cv-0155, AP-CW Docum
v-0155, AP-CW ent 38
Document 38 Filed04,
Filed 04, ,12008 Page3131ofof50
,12008 Page 50
satistied
satistie beforethe
d before theJoan
Joanwas
wasapprove d. asasindicate
approved. indicatedd p~' the iuc~
p~'the iuc~thal onthe
thalon theluI' lelior
luI'leli orIh.:
Ih.:
to"ititSlates
priorto"
ed prior Slates"Appro val". SceSceexh. ··C."
exh. ··C." p.p.
22 docume
document underthe
nt under theheading
heading"Requir
"Required "Approval".
33 SO
SOII17.
17. Thcre
Thcrearc additional
arcaddition conditions
al conditio hadtotobe
thathad
ns that salistiedprior
besalistied dr;lwing loan
thedr;lwing
priortotothe loan oror
d()CUm~nls
44 d()CUm~ and funding
nls and funding of
oftl1e butthese
IOeln, but
tl1e IOeln, nor necessa
werenor
thesewere ry for
necessary approvall of
forapprova [he loan.
of[he loan.
all conditil )n~ are
conditil)n~ we proceed
mel. we
are mel. proceed 10 drawdocumc
10 draw nL,
SS Once
Once the loan isis approve
the loan approved, and after
d, and afterall documcnL"
77
88 6.
6. On Octobe
On Octoberr 14. 2004. we
14. 2004. issued aa Icttc~
also issued
we also Icttc~ indicali ng th<ll
indicaling th<ll }\1:..
}\1:..
10 This
10 This Icttcr
Icttcr is attached as Exhibit "X' to my plioI' declarat
is attached declaration. May 27.
ion. datcd May Two of
2007. Two
27. 2007. of
II thethe three
three conditio
conditions pctUlincdd to corpora te ;.lpprlw.\
corporate 1 and
;.lpprlw.\1 pricing CNn:\:li
and pricing CNn:\:lion.on.
II ns were inlernaL pctUlinc
ii
12/ and
12/ and reqUire
reqUired Samaan.. The third conditio
d nothing further 1rom i\lb. Samaan condition n rl'quircd receipt of
the receipt
rl'quircd the of
13 fully-ex ecuted pu:,chas.:
13 .. aa ftllly-e.'{eeutcd
ftllly-e.'{eeutcd purchase
purchas e agreement.
agreeme nt. We did nol receive the fully-executed pu:,chas.:
loan :10.
bcfon: loan R1737175 wa;;
1737175 wa;;
17 Exhibit
17 Exhibit "C,") there wer~
"C,") there wer~ 77 conditions
conditions that had to
that had satbl'icd bcfon:
be satbl'icd
to be :10. R
18 these condilion~
condilion~were were the
that were
items that resrons ibility (If
the resronsibility
18 approved.
approved. Two
Two of
(If
ofthese were :ntcrnal
:ntcrnal items
had10
borrcm::r had Ocrr>ber 25.
By Ocrr>ber
satis::v. By 25. 200'1. IV/s.
200'1. IV/s.
21 'fi
21 'fi........ee conditions were,ho~t:
conditio ns were the borrcm::r
that the
,ho~t:that 10 satis::v.
22
22 ! !Samaan
Samaansatisfiell
satisfiel lall
all ofthese
oftheseconditions.
conditio ns.
23
23
24 8.8. .By
.ByOctober
October25.
25.2004.
2004.M:;. hadprovided
Samaanhad
M:;.Samaan with
Country widewith
provide dCountrywide
24
X17373 75.including
no.X1737375.
10<:11no. fully
includingaafully
25
25 the thalthelITldClwriter
dOCllmcntsthalthe
thedOCllmcnts lITldClwriternceded appnwc10<:11
ncededtotoappnwc
bythe
aprrove dby underw riter
theunderwriter
26 cxccul~d
26 cxccul~dpurchase
purchas eagreement. Mi:.Stlma.lll'S
agreem ent. Mi:. 1<)3nSwcre
Stlma.lll'S1<)3nS wcrethenthenapproved
appro\'<l~. The
finalappro\'<l~. Thecorporate departm ent
corpora tedepartment
27
27 und :;ubm:lll:dtotou)e
und:;ubm:lll:d u)ecorporate
corpora tedl:partmenl
dl:partm enlforforfinal
28
28 approved
approve dMs, Samaan 's10a05
Ms,Samaan's 10a05ononOctober
Octobe r29. 2004,
29.2004,
072150171t
072150171t
#3#3
Notice
Notice
Exhibits
Exhibits VolumeB B
Volume
B-320
B-320
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 7 of 35
Case2:08-c
Case 2:08-cv-0155\. AP-CW Docum
v-0155\. AP-CW ent 38
Document 38 04,. ,/2008
Filed04,
Filed 32ofof50
Page32
. ,/2008 Page 50
9.9. I Ihave
havebeen
beeninforme d ofM:".
informed Zernik'sallegati
ofM:".Zernik's on that
allegation October14.
theOctober
thatthe 14.
22 2004. SU:;pC:llsj~m
2004.SU:;pC:ll h:tlc:rw~
sj~m h:tlc:r w~ i~:;ued
i~:;uedlin 26.20043nd
Ot.:tnht.:r26.2004
linOt.:tnht.:r "aninstrum
3ndisis"an ent
instrument oror
33 decepti
deception." Th~reisisIll\
on." Th~re merit[0[0Mr.
Ill\merit Zcmik'sallcgatil
Mr. Zcmik's allcgatil)ns. The!;u5pens
)ns. The ion lener
!;u5pension wasissued
lenerwas issued
onOctobe
44 on October 14.2004.
r 14. 2004. asas evidenc
evidenced bythe
ed by dateon
the date thesecond
on the Thedocume
page, The
secondpage, nt was
document was
55 printed
printed on OCloher
on OClohe r 26. ::!()O~. nol
26. ::!()O~. nol issued
issued onon that This suspens
date, This
that date, suspension !encrappears
ion !encr bc aa
appears toto bc
66 !!printour
printour from
from Cownry
Cownrywide':i COlTIpUH:r
wide':i COlTIpUH program and
:r program and to m,;,' knowk
to m,;,' knowkJgc accurate and
Jgc isis accurate and
valid. There
77 1,1,valid. There is
is no requin:mc:m
no requin:m thaI sUl.:h
c:m thaI Il.:ll~r:-; ~t:
sUl.:h Il.:ll~r:-; ~t: sh:nt.:t!
~
~
sh:nt.:t! bv
bv the L;ndcrw
.. the rilcr. The
L;ndcrwrilcr. fact that
The fact that
88 the document
the docume not sigm:d
is not
nt is dO~$ not
sigm:d dO~$ mean that
not mean that itit isis not val id.
not val id.
99
10
10 10. I hav~ AITe 1.loyd and
hav~ never met Ms. Sama<lIl or .Tae AITe do nor
and do nor know
know
12 011
12 two conditio
011 two ns. which had been met: (1) wndilio
conditions. n.O:n. which \Vas
wndilion.O:n. Octoher 25.
melon Octoher
\Vas melon 25.
I
I
dbcrcp:.II1:::
for aa dbcrcp:.II1:::
explana tion for
acceptable explanation
13
13 11 2004
2004 and require d Ms. Samaull to provide an acceptable
and required
I
I
14) rO~l1d
rO~l1d reversc 4:
our reversc
in our ~;c;lrch;
4: 11 ~;c;lrch;
14) between
between her
her business
busines s address and the business address \\'C in
21
21 I
I
24 ii
I
I
amountisis$1.lJUU.UDll
24 amount $1.lJUU.UDllon
onthe
theNOll-CoM fix~dPeriod
ARMfix~d
NOll-CoMARM ...." This
Period...." notmean
docsnot
Thisdocs that
meanthat
onlymeans Ms.Samaan's
thatMs.
meansthat Samaan 'sloan was
loanwas
2) I Ms,
2) I Ms,Samaan
Samaanhad hadapplied
appliedfor
forthe wrongJoan.
thewrong Thisonly
Joan. This
~Htdili(\na!
26 I being addilil.1I1alreview
reviewand that~Htdili(\na!
andsosothat
26 transfer redhy
I beingtransferred hyCLUES fOiaddilil.1I1al
underlNriterfOi
CLUEStotoananunderlNriter
27 CLUESdocs
Stateme nlininCLUES docsl10t meanthat
l10tmean Ms,
thatMs,
27 information t;ouldbe
informa tiont;ould re'!ucslc C. This
bere'!ucslcC. ThisStatemenl
2828 Samaan's
Samaan 'sloan <lpplica tionwas
loan<lpplication wasinvalid.
invalid.
Notice#3#3
Notice
Exhibits
Exhibits VolumeB B
Volume
B-321
B-321
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 8 of 35
12. 1 have been infomled of Mr. Zel"l1ik'~ allegation that M~. Samaan did
2 nOl have 6 months reSCTve required for the loan she applied for. 'n~js is incorrect.
:3 Countrywide verified that Ms. Samaan had more than 6 nwnths reserve ror he!' loar.. 'nli~
4 isrcflrctt:d on the CLUES repoTl1or Ms. Samaan"s ~ccond loan (no. 8!7373S3 J. \\'hich
5 provides that "the borrower currently has 6.R:! months reserves."
6
I The reference in th.: October 14.2004 conditions Icner to :'. Unirorm
7 13.
8 Loan Application (1003). does nol rn~an lhal Ms. Samaan had to provide a new loun
9 application. First, this was no~ a condition for approval of loan. htn only one fl)r (irawing
10 documents (as indicatcd by word "documents" under tne: heading" Requ:rcd prior w" aLlhe
II left of the condition on the second page or the October 14. 2004. Idt~r). Second. this
I
12 condition was only ministt:tia! and administrative. ami illmi) nlt:anl that Ms. Sammlll hud
-
13 )to sign additional documents alier approval of the loan.
,
L4
14. CLUES did not nag any pl'Clhlem~ with Ms S:1I11aan's marital staHls.
15
16 the information she had provided on her loan applicati()n regarding her employment. til.:
17 type oC business Ms. Samaan was engaged in Ill' the asset~ ofht.·r company Spellbound
18 Corporation.
19
10 / ',
"
21 If'
" ,
22 " ,
( I /
23 / ' I
1/
1'1
24 : III
25 / / ..
I
26 I :••/
27 ! I !
28
-5-
surrl.F.MF.NTAi. Ol:t' L:\j~\ TIOt' 'QF ~ll\ltll\ Me LAUR ir:::
0721501718 6
Notice #3
Exhibits Volume B
B-322
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 9 of 35
Case 2:08-cv-015S-. _AP-CW Document 38 Filed 0Lt-. . 112008 Page 34 of 50
I 15. M:i. Sl11'Tla.nn·~ loans w~rc tintltly <lpproved bv the branch on October
2125. 2004, and by our corporate offiee on OC(l)bc~ 29. 2004. BaS;d on Iny review or (he
I
3 I file. Ms. Samaan':<, loans eouid have been approved sooner and COllntrvwide could have
I .
I
4 staJ1ed the process or drawing the loan documents and funding the loans if Ms_ Samllan
5 had provided Countrywide wilh a fully excculed purchase <lgrccmcl1t by October 14.2004.
(j and her Joan had nOt heen suspended on ~hal dale. subject w any additional undc:rn-ri:ing
7 conditions. We l,;lluld not approve and fund the loans herorc October 25.2004. in part
K hecause we did not have a fully executed purchas~ agreement Based <'n (lUI' OCIO!1.:-r 25.
11
J2 1 declare und\:1" penalty of perjury or the laws of the Stale of Californi\l lh:1l
]3 Ihe foregoing i:; true and corn:c[ and thal this DecJelT'llion is exccult:d un August 3 . ~O(l7
22
2.:1
25
26
27
281
I
Notice #3
Exhibits Volume B
B-323
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 10 of 35
Case 2:08-cv-0155, AP-CW Document 38 Filed O'-t, _112008 Page 35 of 50
Br'Anc:h. , ~ OOCC~))
_.
IIJokM'" I1]CHAEt. J.vaS O'UI:':'Y eM ' ....CIne
_.
,~O .L(NI)ARO STREET STE lIC
~ "'";CTOR P~S
~ ..... IVJ.tJ:L, CA ?4901
flo_
Phon.: 1"1~12~"-2101
VMf\.. (fl~J .... ·C;·HS
8< r ... ~O., l'U'Z5~-CHS
Faa_ ;041:;.491-43"
':'0 6""01.<:1 ""'''.r''J."9 yo>vC .s\.lbftt.s:si.Dn clo.ed (or ,nc~pl.t~p~.,# .ny l't01'l3 LJ:u'f!l'!
below.e ·:A_qu.1C.d (In.o&' toO APPCO',al' Qt,j3f ~ t'.e~e\.v.O W'Lt.hu: 10 .:L1.ya 01 tl\e
~til:
:JOOwn .above,
nvoNloIOO'N
.~~~~rfi;;" 50117
~ur~(1\
•• l' , • • , '
Notice #3
Exhibits Volume B
B-324
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 11 of 35
Case2:08-c
2:08-cv-0155\. AP-CW
v-0155\. AP-CW ent 38
Document 38 04,. ,/2008
Case Docum Filed04,
Filed . ,/2008 Page 36ofof50
Page36 50
'-'
'-' '-"
'-"
AOOEItDUUTO
AOOEItDUU TOUIIDP\WRI11I1G DEClSlONIC
UIIDP\WRI11I1G ONOIT1ON LETTER
DEClSlONICONOIT1ON LETTER
OF> ) )
tPAGE2OF>
tPAGE2
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-------
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-----
#3#3
Notice
Notice
Exhibits
Exhibits VolumeB B
Volume
B-325
B-325
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 12 of 35
Case 2:08-cv-0155\. AP-CW Document 38 Filed 04, . ,/2008 Page 37 of 50
Notice #3
Exhibits Volume B
B-326
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 13 of 35
Case2:08-c
Case 2:08-cv-0155\. AP-CW Docum
v-0155\. AP-CW ent 38
Document 38 Filed0.....
Filed 38ofof50
Page38
,/2008 Page
0.....,/2008 50
11
22
33
44
55
66
77
88
99
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
2S
2S
26
26
2727
2828
EXH IBIT D
EXHIBITD
-5-
-5-
NOTICE OFMARIA MCLAURIN,BRANCH
MARIAMCLAURIN, COUNTRYWIDE
MANAGER,COUNTRYWIDE
BRANCHMANAGER,
NOTICEOF
OFFRAUDULENT
FRAUDULENTDECLARATIONS
DECLARATIONSOF
#3#3
Notice
Notice
Exhibits VolumeB B
Exhibits Volume
B-327
B-327
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 14 of 35
Case 2:08-cv-0155\. AP-CW Document 38 Filed 04, . //2008 Page 39 of 50
750 tindaro
Suite 110
San Rafael, CA 94901
Fax
To: From: Maria Mclaurin, Branch Manager
Time:
• Comments:
Confidentiality Notice: The information contained in and transmitted with this communication Is stricUy
confidential, is intended only for the use of the intended recipient. and is the property of Countrywide
. Rilancial Corporation or its affiliates and subsidiaries. If you are not the intended reclpient, you are
hereby notified that any use of the information contained in or tlaflSmitted with the communication or
dissemination. distribution, or copying of this communication is strictly prohibited by Jaw. If you have
received this communication in error, please immediately notify the sender by email or telephone and
delete 1I1e original message or any copy of it in your possession. Thank You.
".
Notice #3
Exhibits Volume 8
8-328
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 15 of 35
Case2:08-c
Case 2:08-cv-0155l AP-CW Docum
v-0155l AP-CW ent 38
Document 38 Filed 04,.1/200
Filed04, 8
.1/2008 40ofof50
Page40
Page 50
II
IICountryvvide-
Countryvvide-
AMERIC A'SWHO LIlSAlE LENDElt.
AMERICA'SWHOLIlSAlE LENDElt.
SAN RAFAELCOI\.POR
SANRAFAEL ATl< CENTER
COI\.PORATl< CENTER
110
7SCLINDAI\.
7SC LINDAI\.O STI\.EET.SUITE
O STI\.EET. SUITE 110
SANRAFAEL
SAN RAFAEL. . CALlI'OR N'A 94901
CALlI'ORN'A 94901
(415) 257-270
(415) 0
257-2700
(415) 259-086
(415) 6 FAx
259-0866 FAx
November
November 6.6.2006
2006
Victor Parks
Victor Parks
Pacific Mortgage
Pacific Mortgag Consultants
e Consultants
Re: Nivie
Re: Nivie Samaan
Samaan
Loan Number 81737315
Loan Number 8173731 5
Property
Property address:
address: 320 S Peck Dr
Beverly Hills, CA 90212
Mr. Parks,
Mr. Parks,
Ibis
Ibis is
is to
to confirm
confirm that Countrywide
Countrywide Home Loans processed referenced
processed the above referenced
mortgage 14.2004. The loan was Suspend pending
ed pending
mortgage application
application on or around October 14.2004. Suspended
receipt of a copy of the fully executed e
purchase
executed purchas agreeme nt.
agreement. Attache
Attachedd is a copy of
of the
the
receipt of a copy
letter issued by Countrywide
letter issued by Countrywide Home Loans.
Thank
Thank You,
You,
m~/J1<-)f~
m~/J1<-)f~
Maria
Maria McLaurin
McLaurin
Branch
BranchManager
Manager
#3#3
Notice
Notice
Exhibits
Exhibits VolumeB B
Volume
B-329
B-329
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 16 of 35
.,.~
.,.~
Case2:08-c
2:08-cv-0155L AP-CW Docum
v-0155L AP-CW ent 38
Case Document 38 04, ,/2008
Filed04,
Filed Page4141ofof50
,/2008 Page 50
----------~------~----_ .. _.-_._.-.
-- -- -~ -- -- _ .. _.-_._.-.
-- -- -- -- -- ~-
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thone, (~15)257 -2,01
thone,
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lI)'ouhllVllqtJOlllllmW&bout1tlI'IOllOl', pl_CbfItDct
qtJOlllllmW&bout1tlI'IOllOl', pl_CbfIt Dct uSuS atat tho pIlone n~r
thopIlone n~r above..
above..
lI)'ouhllVll
nuri>.r 8173'375
Lo"n nuri>.r 8173'375....
....a a bean r""ievet\ atat tho
bean r""ievet\ ~ u:rm..
!DI1o"1~
tho !DI1o"1 for IIIIV:U:
u:rm..for IIIIV:U: SMvV\lf:
SMvV\lf:
Lo"n
loan ~ llC:'/1 LDlll AlII( Zt>tenIOtOnJ., ~lyp"!
~lyp" ! 0_
0 _ OCCUr:!:P;O
OCCUr:!:P;O
loan ~ llC:'/1 LDlll AlII( Zt>tenIOtO nJ.,
n T~:
1lo<mlanll!tlon
1lo<mlanll!tlo T~: IUlDI)Clll>
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f,o"k !xpirat ion
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of eos.
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10Bn huhu been .s\i~D untH
been .s\i~D untH tlul f"110"inq i.n-Io:ma\o
tlul f"110"inq ton is
i.n-Io:ma\oton is provi.<1e< l. we
provi.<1e<l. tIlDst r"""tv..
we tIlDst r"""tv..
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t.bi.. i1If".,.....t
t.bi.. by 10/25/20
ton by 10/25/2004. If ...
04. If ... do recdv" it
1\0'; recdv"
do 1\0'; it ~~ 1:11,,1: .... ~t
dat.., ....
1:11,,1: dat.., ~t "l.oa. Ue fUe
"l.oa. Ue fUe
tor !nD(nIIple1:oness.. When we z:ecc:ive. t.ht:
t.ht: l.on.
LnlotlR4t:l.on.
LnlotlR4t: we will.
will. rovi'O'.
rovi'O'. the
the t.:Lle
t.:Lle :tor
:tor lurthcu;
lurthcu;
tor !nD(nIIple1:oness.. When we z:ecc:ive.
detc~roin.oti.~.
detc~roin .oti.~.
too
t:ltl'p
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enhADottd prClC]X"'" alldad. too
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reo c:ondl~lon." p.tovid. .... c:ClnIpl.~e al.Crm9 "ith
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.1..L CoRd1t.:lCf ). :1n t.rJ.pllo4te >
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co.nt.'I'Ae:~, ....aerow 1J:uIt.;n~·e:t;.i.ons
aerow 1J:uIt.;n~·e:t;.i.ons
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vi"lJ,. pO~ .:t.eJI . . .. 4lu\t=CLI:.U1;O
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#3#3
Notice
Notice
Exhibits
Exhibits VolumeB B
Volume
B-330
B-330
Case 05-90374 ,,"'-""
Document
,,"'-"" 260-9 Filed in TXSB on 05/08/09 Page 17 of 35
Case 2:08-cv-0 155\. AP-CW DoDocument
cument 3838 File . , 120
d 04,04, 08 Page 42 of 50
Ca se 2:0 8-c v-0 155\. AP -CW Filed . , 12008 Page 42 of 50
MN==~,~N.:.tv;.;IE=_,_---
_
Looln r. 8173737 ~ eo.m--......:
eo.m--.... ..:. . ~S1lM
~S1lMMN==~,~N.:.tv;.;IE=_,_--- _
Looln r. 81737 37 ~
---------------------............_---
~1c.j.on ccmd.1tion lW.c/eo-tenr;.~
-------------------_ ..------------------------
lW.c/ eo-te nr;.~ --------- --
--- --- --- --- --- -_..--- _---------
~1c.j.on ccmd .1tion
-----
--- lI>t'RA1SI\l.-~
lI>t 'RA1
i.f not rwaclod
C1I:lJ_ Al'''''.Ue1,l.
SI\l .-~C1I:l J_ Al'''''.U
by .1:rJ:t p;t9Vide • dr1"taby
ide • dr1"ta
VAL-
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".. "..x..oer
by oKtoKt4)04)0 t.
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i.f not rwaclod by .1:rJ:t p;t9V
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t.1 ~
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pnoto
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mn.oc: - coPY01'01'rIIISY
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Notice #3
Exhibits Volume B
Exhibits
B-331Volume B
B-331
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 18 of 35
Case 2:08-cv-0155, AP-CW d O~O~
.. 112 008 Page 43 of 50
Case 2:08-cv-0155, AP-CW DoDocument
cument 3838 File
Filed .. 112008 Page 43 of 50
"Moe Keshavarzl"
"Moe Keshavarzl" ToTomarill_mclaurln@counllyWide.com
marill_mclaurln@counllyWide.com
<MKeshavarzl@shappardmull
<MK eshavarzl@shappardmull
in.com> cc cc
in.com>
1110612006 03:22 PM bee
bee
1110612006 03:22 PM
ect ~
SUbject
SUbj ~letter
letter
Maria,
Maria,
Attached please nnd thedecldeclaration andletter
letter. ld reall
I would y appr
really eciate your
appreciate
we are only asking
help.asas we are only asking
yourhelp.
aration and . I wou
Attac hed please nnd the
for the document to beauth tions plea se let me knOlN . If il is acce ptab le to
documen
theplease
foryOll t to be enticated. If Ifyou
authenticated. youhave anyques
haveany questions please let me knOlN. If il is acceptable to
sign and fax it to213-
213-443-2910.
443-2910. Than Thanks n.
again.
ks agai
yOll please sign and fax it to
«DOC.PDF»
«DO C.P DF»
Moe Keshavarzl, Esq.
Moe Keshavarzl, Esq.
Sheppard Mullin Richter & Hampton, LLP
pton, LLP
Sheppard Mullin Rich ter & Ham
333 South Hope Street, 48th Floor
Floo r
333 South Hope Street, 48th
Los Angeles, CA 90071-1448
Los Angeles, CA 9007 1-14 48
Direct LIne: 213-617-5544
Direct LIne: 213- 617- 5544
Fax: 213-443-2910
Fax: 213-443-2910
Email: mkeshavarzi@sheppardmullifl.com
mullifl.com
Email: mkeshavarzi@sheppard
Notice #3
Notice #3
Exhibits Volume B
Exhibits
B-33Volume
2 B
B-332
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 19 of 35
Case 2:08-cv-0155,- _AP-CW Document 38 Filed O~, .//2008 Page 44 of 50
15
16
17
Maria McLaurin
18
19
20
21
22
23
24
25
26
I
27
28
-1-
II
W01·WEST:IMMKJ\400IIH5;.1 DECLARATION OF MARIA MCLAURIN I
~
Notice #3
Exhibits Volume B
B-333
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 20 of 35
_r"--'
-SHEPPARD MllilJIN
5H;:PP;,::m }.'l,,;lll'J ~I\rm.;:;' b; t1t,w111 Of': l.t.t'
4111h Floor I 333 $OUUl Hope Strel:l I Los Angeles. CA 90071.11148
213-620-1780 ~ I 21:H>20-1398 r",,( I WWrr~hcppart/mul/in.oom
ATTORNEYS A1 I.AW
lOT SE!OfTH~
I IS PRIVI D NFIDCIVTlAL AN PT •
MESSAB IS NOT THE IH'TENOSl RECIPIENT. O!'l THE EM?l.OYEE NSlBLE FOR OeLlVI;;RING THE ~ TO TIiE INTENOED
RECIPIENt". YOU ArdC HmEBY N011FII:O THAT fIN( DlaSEMlNATlON, DISTRIBUTION OF! coPYING OF THIS COWUNICATION IS STRICTLY
PRO~ IF YOU HAVJ; R5CeIVEI:I THI~ C:OMa.wNICATION I'" EiRROR. PLEASE NOTlFY us IWolrnlATELY BY TELEPHON£ AND RETURN THE
ORlGlNAl.MESSAlE TO USATTHEABOVEADORE'SS VIA THE u.s,
POSTAl-SERVICE. TI-fANKYOU.
QS31 007025J1ST:1MMK1\400lliM4.1
Notice #3
Exhibits Volume B
B-334
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 21 of 35
Case 2:08-cv-0155\. AP-CW Document 38 Filed 04. _(12008 Page 46 of 50
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8-335
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J'-"'"
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2:08-cv-015£>.. . AP-CW Docum
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Page48 50
•JaeArre
•Jae Arre'J.A.'
'J.A.'Uoyd"
Uoyd" To "MarlaMcLaurin
To "Marla " <Maria_M
McLaurin" claurin@Countrywide.com>
<Maria_Mclaurin@Countrywide.com>
<jrlloyd@SbcglobCJI.net>
<jrlloyd@SbcglobCJI.net> cccc
111031200603:21
111031200603:21 PMPM
bee
bee
Subject 6~Suspense
Subject 6~ fromCountryw
Suspensefrom ide
Countrywide
Mal:ia.
Hi Mal:ia.
Hi
Here is
is the suspe~se
the suspe~ igs~ed by
by Country wide. Again,
Countrywide. we just
Again, we need aa s"ateme
just need r.t or
s"atemer.t or
Here se igs~ed
guideline showing that the FUlly Executed
Execut ed Purchas e
Purchase Agreem ent
Agreement is
is require d
required by
by
guideli ne showing that the FUlly
Countrywlde
Country for Final
wlde for Loan Approv
Final Loan Approval.
al.
Thank you.
Thank you.
J.R. Lloyd
J.R. Lloyd ~or V~ctor
~or V~ctor Parks
Parks
310.275.5353
310.275 .5353
~
AlIacn8d1.PDF
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..-....
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Case2:08-c
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!'
entialitY Notice: The lnfOrmatlon contalnfJd in all(J 1JaIlSmitled with lhi$ communic:allon 1& 6lrictIy I
ootial, is n.ended only for the U$& or Iha Intended rec:ipient, and is the property of COUnuywlde
ncIat Corporation or its affiiateS and subsidiaries. If you are not the intended recipient, you ere
'by notified thaI any use of the Infoll'l1a1ion contained in or ttBnsmitted with It'le oommunication or
, mination. dtstrfbutlon, Of copying or this communication it ~Iy prohibited by law. If you have
'. 1his communication in error, please immediately notify the &ender by email or telePhOne and
me original message or sny copy of illn your possession. Thank You.
Notice #3
Exhibits Volume B
B-340
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 27 of 35
FROM COUNTRYWI~E HOME lOA~S ~'5-25g-0g65 (MON) NOV 5 ~oo~ 17:57/S1. 17:57/NO, 633487~D15 P 2
(41S) 2S1.2.700
(415) 2551-0566 PAX
!
I
i
v· I rParks
p ~fic Mortgage ConsultanlS I
I
'Parks,
i
Th ~ is to continn that Counnywide Home Loan~ process«! the Ilbow: referenced
m I application on or around October 14, 2004. The loan was Suspende<! p:nding
ipt of a copy of the fully executed putehase agreement. Attached is a copy ofthe
issued.by CountryWide Home Loans.
Notice #3
Exhibits Volume B
B-341
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 28 of 35
750 Lindaro
sutte 110
San Rafael, CA 94901
Fax
To: 0"'os~h Zun.~GIz. From; Marla Mclaurin, Branch Manager
PlIone: Date:
• Comments:
C ~U-.ntViLv/~lc..
/;J~ jt;. Sen~.
/
Confidentiality Notice: The information contained in and transmitted with this communication Is strictly
confidential, is intended only for the use of the intended recipient, and is the property of Counbywide
subsidiaries. If you are not the intended recipien~ you are
Financial Corporation or its affiliates and SUbsidiaries.
hereby notified !hat any use of the infollTlaiion contained in or transmitted with the communication or
dissemination. distribution, or copying of this communication is strictly prohibited by law. If you have
received this communication in enor, please immediately notify the sender by email or telephone and
delete the original message or any copy of it in your possession. Thank You.
Notice #3
Exhibits Volume B
B-342
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 29 of 35
Document 38-2 Filed" </17/2008 Page 4 of 7
Case 2:08-cv-015b~ .: AP-CW
750 Llndaro
Sufle 110
San Rafael, CA 94901
Fax
To: ;Ioseeh Zun:c.Jz. From: Maria McLaurin, Branch Manager
Date:
• Comments:
C 4l)..nt-
4l)..n-l-r ywid.c..
Confidentiality Notice: The information contained in and transmitted with this communication is strictly
confidential, is intended only for the use of the intended recipient, and is tne property of Countrywide
Financial Corporation or its affiriates and subsidiaries. If you are not the inlended recipient, you are
hereby notified that any use of the information contained in or transmitted with the communication or
dissemination, distnbution, or copying of this communication Is strictly prohibited by law. If you have
received this communk:ation in error, please immediately notify the sender by email or telephone and
delete the original message or any copy of It in your possession. Thank You.
Notice #3
Exhibits Volume B
B-343
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 30 of 35
.,~,
Counbywide~
AMERICA'S WHOlESALE LENDER-
Notice #3
Exhibits Volume B
B-344
Case 05-90374 Document
...• 260-9 Filed in TXSB on 05/08/09 Page 31 of 35
~
DEFENDANT(S).
OF SERVICE
1. the undersigned. certify and declare that I am over the age of 18 years, employed in the County of
Los Angeles, • State of California, and not a
party to the above-entitled cause. On APRIL 15 , 20 08 , I served a true copy of
PlaintiffZemik's Notice of Maria McLaurin's Fraudulent Declaration, Predicated Acts per RICO
by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b): by
depositing it in the United States Mail in a sealed envelope with the postage thereon fully prepaid to the follOWing:
(list names and addresses for person(s) served. Attach additional pages if necessary.)
Place of Mailing:
Executed on • c.
E ,20 08 at , California
o I hereby certify that I am a member of the Bar of the United States District Court, Central District of
California.
o I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the
service was made.
[0 I hereby certify under the penalty of perjury that the foregoing is true and corre .
Notice #3
Exhibits Volume B
B-345
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 32 of 35
Sarah L Overton
Cummings McClorey Davis Acho and Associates
3801 University Avenue
Suite 700
Riverside, CA 92501
951-276-4420
Email: soverton@cmda-Iaw.com
John W Patton, Jr
Pasternak Pasternak & Patton
1875 Century Park E
Suite 2200
Los Angeles, CA 90067-2523
310-553-1500
Email: jwp@paslaw.com
Michael L Wachtel)
Buchalter Nemer PC
1000 Wilshire Boulevard Suite 1500
Los Angeles, CA 90017-2457
213-891-5761
Email: mwachtell@buchalter.com
John Amberg
Bryan Cave, LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Tel (3101 576-2100
Fax (3101 576·2200
Email: jwamberg@BryanCave.com
Notice #3
Exhibits Volume B
B-346
Case 05-90374 Document
..- 260-9 Filed in TXSB on 05/08/09 Page 33 of 35
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Notice #3
Exhibits Volume B
B-347
Case 05-90374 Document 260-9 Filed in TXSB on 05/08/09 Page 34 of 35
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EXHIBIT B(s)a
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July 6, 2007 ex parte for
24 protective/gag order in a
~: "dark court room"
27
28
i
,
, {,~,{C,-, I -
/C ~
11
SUPJ']~I()R COUR']' OF THI', Sr\TI'~ OF C\J.lH )]C\! L\
12
H.m TIll': COUNTY (W 1.0,:' ,\NCI·:JJ~S. WI·:ST DISTRICI
I .'"
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TABLE OF CONTENTS
2 Pag
-"' 1. INTRODLfC'TION , 4
4
II. FACTUAL BACKGROUND 5
5
A. Zernik's Communications with Represented Countt)wide Empltlyce.5 5
6
13. Zcrnik' s Communications with Personal Associates of Countl}'\\"id~
7
Enlployees , , 7
8
C. Zernik Continues His Harassment By Attempting to File an Am(~llded
9 Cross-Complaint Against Countrywide and Its Employees 8
10 III. THE COURT HAS BROAD AUTHORITY TO GRANT A PROTECl IV1~
II ORDER TO REGULATE DrSCOVERY PRACTICE AND PROCEDI IRE 9
12 IV. CONCLIJSI()N 11
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(,~., I">'5 I. . . _
TABLE OF AUTHORITIES
2 Pag
3
14 Statu}cs
Cal. Coue Ci\. Proc.:' 2l1.1I.(lW0);, ' 9
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""ll-+"-'. >!. !.17Lc»o!-' ~_--"'11 _
! PLE.\SE T.\KE 1\OT1C£ that on.luly (', 2UO- at ():(H; a.m., or a:' ~oor rht~rea:~tcr as
3 the matter may be heard, in Department \\'EI of the f ,I)S ,\ngcles Supl'rior Curt. \'('e~t
4 District, located at \-25 \lain Street, Santa i\J.onica, California \II '-if 11, (:( )ulltrn\,ice 1-1 _)(11('
5 Loans, Inc. ("Countrywide"), a non-party who has complied \\ith defendants' Tpeated
6 di~c()\l'ry reLluesrs, will and here by docs apph' ex tUlle for a pw[ecri\T 1 )flkr dlri'c ling
7 Der'mdanr Joseph /.crnik Cl'.emik") to communicate solely \\'ith Countn'\\'idl ':; llesignated
S counsel regarding this action, and no other Countrywide officers, emplo~'el:s or :l~ SOCi1.les.
9 Countrywide applies for e:,: Paili' relic f because /'ert11k conrinm's 1') haLl s.; "eprc~,enred
I0 employees of Countrywide and shows no signs of stopping, despite repc:H nl r,.'t]lI e:;ts 1>\,
II CountrY\\,ide's counsel that he desist from :,uch Improper contacts. /l'mik a1s ) h:l~;
13 and synagogues, and has spread ncgatin' infortlHtion about the comp:llw's bU'!J1CSS practices
14 in an effort to pressure Countrywide, His improper conduct has contlnued ri~ ht I hr():Jgh the
15 recent holilby -- follOWIng Countrywide\; .July ,1 notice of its intention to prest nt Ihis ~'X pm1e
16 application, I.ernik el1laikd a Countrywide officer on.J uly -I- with a cop~' of a p'.lrportc J press
17 release containing potentially libel()u~ statement' about Countr~wlde and irs olflcl'rs. J he
21 Real Estate Fraud." In the alternati,'e, Countrywide relJuests that the Court iSSUC' all order
24 and 21131.U()(j on the grounds that good cause exists for the issuance of a prott cti'.'( order
25 because I:ernik: (1) has repeatedly communicated with represented Countr}\\'id,.: lmp]uyees
26 about the subject matter of trus litigation; (2) ha~; refused (0 communicate :;olel\ \'.'ith (()unsel
27 for Countrywide, de~pite Countl:-"'ide's repeated reguesrs; and (3) has made 0 frensiw,
28 unfounded, and potentially libelous statements about Countrywide's business practice, and
2 _ Nuttce-#3----.--
EX V,lRTF: .\PPUC\TION FOR _\ PROTECTI\'E OR1~killJitsVolume 8
8-351
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 4 of 35
disco\'ery process. Countrywide responded to a'.l four of 7eroik's third-parry :.ubpl1rn:ls for
3 docum<.:nts, and has :mi\'ed to maintain a professional working rclatiomhip \\,i'lh >~ernlk.
4 HO\\'('\,er, Zernik\ repeated improper communIcations \\"ith represented pcrs( ns otht r than
5 Counmwidc\ counsel has made this extremely difficult. Thus, I.crnik should be ordl.'red to
7 :\uuce ut rhis ('.. . . pal1( application \\"as dul~" prescribed to all partics (In -' LIly J, 2, )1)7 \"ia
8 email and fax. This .\pplicatjon will be based on the i\lel11orandum of ]Joints ,led .'.ut lUritirs
9 ,11ld the Decbrations of Todd .-\. Boock and.l enoa ~loldawsky attached hereto. rile
10 !proposnll ( hder lodged herewith, the file and record in this action, and S\lch (:rhcr a;1d
JI furrher ora] and / or dOCUl11l'mar: e\"idencc as may be presented at the hearing ,)11 rhls
12 \ pplicarj( In.
13
,/' .. " -
19
20
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22
_.,
')"
24
25
26
27
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3 _
EX P.-IRTE .\PPLlC\TTON FOR .\ PROTECTIYE Ol~~t:~:u:eB- - -
B-352
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 5 of 35
4 Counu'ywide and its officers :llld employees, and their personal associ.itt's, an: the targets of a
6 reguests that the Court issue a protecti\T order directing Zermk to commul1lclte;olcly \\'jth
7 it s designated counsL! regarding this litiganon. Countf~'wide has complied full \ and ire good
8 faith \\'nll four document subpoenas from Zcrnik. HOWC\Tr, Lemik now maiHa'ns t:1at
J1 If I.ernik belit'\'Cd that Coumry\\'ide had not fully complied with his di:;((),:et;.'
12 n:'clu('st~, he could haH' filed :1 motion to compel, but ncnT did ~(). lmtl'ad, I crrik has
bombarded Count~'\\'ide's employees with threatening email~, letters, :lnd phone C:11l~,
14 despite repeated relJue~ts b\ Countl:'\\'idc's in-home attorney, Todd ,\. Boock thn 7crnik
16 I.emik has also contacrcJ personal associates () CCountr:,\vide's officer, re',~arJitlg the
17 lawsuit. Thus, I.ernik ~ent a !creer concerning this litigation to one of C(Jllnt~ \\'idc's :;cnior
18 ()fficcr~ in care of Bet Tzedek, a chari~ organization where the Counl rywidc c.ffj,:er currently
19 seryes as President. I.ernik also per~onally communicated with a rabbi at [he :;atTle officer's
20 synagogue, in which Countr~'\\.'idc belie\'cs he insulted and defamed the company's bu~iness
21 practice~. On July 4, after he rcceiycd Country'\vide's Juk") notice of its inren'-!{)!1 to present
22 this e.,' Pc/lie application, Zernik emailed a Coumr:'\vide officer with a purpurted press release
23 containing potentially libelous statements about Countrywide and ItS officers, lccusin~ them
24 of complici~' in the company's "fraud", It is unknown to \vhom the pres~ releast \Va; sent.
25 /:ernik has expressed no intention ro cease his harassing beha\lof, despite repeated
28 respectfully reguests the Court TO grant a protectiye order directing Zernik to ,::or:1lTIunicate
solely \\'ith Countrywide's designated counsel regarding this litigation, ;1l1d. 110t -'.\ith
8 ach-ised him that since Country\\-ide and its employees arc represcnted by coul1sel. Zerr:ik
9 should direct all communication to him. Boock Decl., '12, I ':x..\. I.ernik rcplJed \'ia email
11 to her attorney. Boock Ded, '1_\ I~x. B. In his email, I.ernik also threatened \Is C;arua
12 with "COI1SCLjUCnCCs," including her paralcgallicc.:nse anJ c\'en suggested ~.hc ret-all I he! ,)\\'n
I "'
.) attorney. Id.
14 That samc day, \larch 2H, 2( I( 17, Boock SL'tH I,ernik another em,lil, speCi tiedly ~ tating:
15 "1 represent 1\ls, Garcia, and I again reiterate fhar any cummunications to Coulltr~ ",ide or its
16 rmployces :;hould br dircctcd :;olely to me." Boock Dec!., '1 -t, Ex. C. H()\\"('\Tr, on 1\ larch
18 '1 5, Zcrnik sent anc)ther lcttcr to Boock on March 29, 20()7, copying not only \1ariela
19 Carcia, but also. \ngelo l\lozilo, Countrywide's Chairman of the Board, and Sandor Samuels,
20 Countrywide's Chief Legal Officer. Boock Ded, '15, Ex. D. Lernik also conractl.'d two
21 indiyiduals in the Countrywide customer sen'ice department, Nathalir (~ue~adc aroJ ,\lnrta
22 13ayliss, and attempted to interrogate them and encourage them to mah.. \arious a.jmi~slons
23 about Count0"\vide's business practices. Boock Ded, '16, In response, BoocJ.. scm another
24 email to I.ernik, asking that he refrain from contacting Count0\\'ide employee:,. Hood
25 Ded, '1 7, Ex. E, . \round thi~ time, Zernik was lea\'ing daily \'()icemails for ;\1'. ( ;arcia,
26 sometimes seyeral each day. Zernik also left Boock lengthy Hliccmails inrimatlng fraud.
5 - Notrce-#3-------
EX P.-1RJI: .-\.PPLlC\TION FOR.-\. PROTECTTYE ORDfiI!.U,its Volume B
B-354
.-,
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 7 of 35
Prior to late I\1arch or early Apnl, Zcrnik repeatedly called Diane Frazier, 2. former
2 Countrywide underwriter, about the subject matter of this litigat.ion. Boock Dccl ,'1 9.
3 I.ernik informed Ms. Frazier that he had done a background check un l1l'f.. and {( ,lei h~r that
4 he knc\\' certain things about her that made her uncomfortable. hi I.crnik callell ids
5 Frazier's hume so frelJuently that her husband had to firmly denund that ~~ern i k'UTer
8 forced to send emails to I.ernik on .\priI2, 2))lr', ,\pril 13, 2(J(J:, and \pril1(l. :~('!l7, again
9 asking him to communicatt' solely \\·ith Countrywide's counsel regarding a]l !11;lttC rs r(bring
10 to this case. Boock Ded, '110, l'~x. I·, (; and H. On .\priI14, 2()1)7, I.crnik sjH'c,fically
13 ha\'e become \\'holly inappropri:He and insulting. In his June 15, 200 7 emall, >:crnik anacked
14 the way l\oock practiCl:s his religion, claiming ir was "disgusting," and that he ·.\a~, "appalled"
15 by the lawyer's relJuest that I.ernik continue an ex parte hearing for one d;Jy S( , rh:1I B. Jock
16 could attend a PaSSD\"l'r seder \\lith his famil~" Boock Ded, '112, Ex. 1. 7.ert1lk berat.:d
]8 Zernik's efforts to harass Countrywid.: employees ha\'C not ceased. OlL ./une 23,
19 20m, Znnik emailed .\ngelo Mozilo, Chairman and Chief Executi\"(' Officer of
20 Countrywide, demanding that 111:' personally t'nsme that Zernik rccein' a dc:c1arati,)n
21 regarding the production of documents. Hoock Ded, ~ 13, Ex. .J. On June 2\ 2 1 )1)7, :Semik
22 emailed Sandor Samuels, Countrywide's Chief Legal Officer, demanding the sa1l1(' relief.
23 Boock Ded, '113, Ex. K. L.ernik again conuctcd J\lozilo and Samuel:; rcg;ardmg this
24 litigation onJune 2<), 2007. On July 4, 20U7, Zernik sent newemails to Samuels, ittaching
25 purported press releases containing potentially libelous statemcnrs abuut the c' lml);w:'.;
26 business records. In short, Zemik has not rcframed from communicating direct!: \vith
27
28
6~.\17}S
6 r~otice # 3 - - - - -
EX PARTE A,PPLICATION FOR.\ PROTECTJ\~E ORI1lli,Rils Volume B
B-355
Case 05-90374 Document
......-.
260-10 Filed in TXSB on 05/08/09 Page 8 of 35
,.
:3 Employees.
4 Zernik has also Initiated communications with personal associates of Co lUt trY"'ide
5 employees. Specifically, Zernik has targeted a charitable organization affiliHed with Ole of
6 (:oumrywide's employees, as well as a rabbi at the emplO\Tc's srnagogue. Oil ]tJiH' :!.h. 2()()7,
7 /'ernik sent an email to Samuels and copied Rabbi Joseph ~hustcrman, questioning Samuels'
8 (lltl1miullenr to fighting real estate fraud. Hoock Ded, ~11-1, Lx. L. ()n or awunJJule 27,
I) 2 1)()7, /'ernik left a ktter for Counu;.'\vide's Chid Legal Officer Sandor Samuels a- Bel
10 Tzedek, a charitable organization where SamueL. SetTes as Pw·adent. Boock Decl., '11 S.
11 .\dditionally, on or around June 28, 2U07, !'crnik personally contacted a rahbi lr ~,amucls'
12 s~'nag()gue, Rabbi Joseph Shusterman, in an attempt to discuss the present 'leti'lI1. HOI Kk
13 Dec!., '1 1 (l. During the uns()liciceJ meeting, it is Counrn'widc's understanding th:lt Zernik
14 made offensiw remarks about Countrywide's alleged business practices and char~cd th:lt the
15 company was engaged in fraudulent behanor. hi Zernik again wrote to .\ngcl.) \luzilo and
16 Sandor Samuels onJune 29, 2007. Boock Dec!., '117, Ex.l\l. He copied RabLI.lmlathan
17 Bernhard, Rabbi Joseph Shusterman, The Honorable R. \Villiam Schocttler, and "others in
19 This pattern of harassment continued eytn after Country\vide notified /,ermk Ol1 July
20 3 of its intention to present this e.. . . parte application for a protectiye order. In;1 pp IrC1l -
21 retaliation, on the July -lth holiday, I.ernik sent t\vo outrageous emails containill~ j)Cltcntially
23 ~anJor Samuels. The subject line of the enmls states: "PLE.-\SE .-\SI--.:. S. \l\lDiJR
24 S.\J\IUELS TO STOP RE.\L ESTATE FRAUD." Boock Dec!., ~ 18, Ex. \J lJ1l I 0. The
25
26 ] Zernik also tmpermissibly seeks c1iscO\-ery after dtscO\'ery is closed. In his email darcd lune 15,
2007, Zemik indicated that disconry in his case had been cut off. Hmve\'ef. Lcrnik demanded that
27 Countrywide produce documents on June 20, 2007, after the discO\-er:' deadline. Hi, continu(:d
pursuit of rusco"ery after the deadline is thereby llTlproper and harassing.
28
"'lj-l""',l-'17-'-',."'-S 7 _
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 9 of 35
emails continue with an apparent press release, stating in part: "FOR IMMEDIATE
3 Fraud." ld. The press release falsely asserts th;\t "the fraud \\'as committed b': collusion of
4 Niyic Samaan and ~1aria ~IcLaurin, Countrywide Branch ;"LlI1ager. In 10(l.~ i\lcLLUrin and
5 ~amaan also colluded in i\lortgage Fraud attempt and in \,\'ire Fraud." Jd~ Thc~' i,dd tbat
6 ";\IcLmrin also prob;1bly personalty apprm'ed about SCI.S billion per year 0) in ;2:t< ,ssly
8 inyolyement not only \\ith Bet Tzedek, bur also his position with the Ziegler ~::h(lol f~)r
9 Rabbinical Sl udies. .hi The enuils refer to the Bet Tzedek Justice Rail on] uh' :~p" 2(1)7, and
10 the charity's commitment to fighting real estate fraud. 11 The emaib als() adnlll Ihat ;'<ernik
12 \Villiam Schoettler. hi These emails arc rife with false and outrageous sratem,.~I1I;, and \\"ere
14 compliance \\'ith his disco\'ery demands.. \s ('\'idenced by rhese retaliatory l'nuib on', the
15 holiday, I.ernik has no intention of ceasing his improper harassing behanor. HIS actions
16 haH only escalated and become more egregious. His behayior \vill continue II llc,s the Cour
17 steps in to restrain /'ernik from further harassing Countf)'\vidc employees :lnd tht. ir personal
I8 associa tes.
21 In an effort to further harass Countrywide and its employees, Zernik scek~ leaH to
23 Countrywide employees 0,laria McLaurin, .\ngelo J\10zilo and Sandor Samuels ,IS .Jcfc..lJants.
26 discoYCry. L.ernik's amended Cross-Complaint alleges no factual basis for imposing any
27 liability on Country'.\idc or its employees. Zernik has noticed the heanng on hi:.; 1l10Q')11 on
III. The Court Ha::; Broad /\uthority to Grant .-\ Protecth-e Order to Reg1illw;.J2isCQYC1T
3 "i\lanagement of disconry lie~ within the sound discretion of the trial ,:m n."
4 Toshiba .\merica Electronic Components, ln~~. Superior Court, 124 Cal. .\pp -!t!l 7~)2, 767
5 (:2(1()4). "\X'hcrc there is a basis for the trial coun's ruling and it is supponed b~.. the c\'idcnce,
6 a reyic\\'ing court will not substitute its opinion for that of the trial court." .hi a I - () 7 .'7(iH,
7 Further, "in all discoycry proceedings, a broad dlscreuun is yestcd in the trul c: lUI t in
8 granting or refusing to grant an order directed at discO\cry and wh:ltc\cr order t hI' tria 1court
9 may make may not be disturbed in the absence of an abuse of discretion." RY;Il)..~ -,-Superior
10 Court, IB6 Cal. .\pp. 2d l'{L), ~p (1%0); RS (reati,'(', Inc. y, Crcatin' c.()':t(J!1l-Lld., is Cal.
II .\pp. -1th 486, 49(l (l999) (with regard to diso)\"cry, courts han: "broad discrctlon subject to
12 reycr~al only for arbitrary, capricious, or whimsical action"); Fuller y, S uperiorCQ11.J1, -{7 Cal.
13 \pp. 4th 299, 304 (2()(l1) ("a tri,ll court's ruling will be sustained on re\-iew unLss il falls
15 The trial court has broad authority 10 grant protectin.' orders. (:ahforl1la ( ode of
16 Ci"il Procedure Section 1031.06l) prcwidcs that for good cause shown, the Court 'tna:.:..make
17 any order that justice reyuircs to protect any parr or other natural perSlln or or,.;:l11ization
]9 § 2031.06U(b) (emphasis added). Through a protcctiyC order, courts han' fhe 111 )\\Tr to
20 regulate discoyery practices and procedures, including specifying the terms and u,nditions by
21 which di~coYery will be carried out. Cal. Code Ci\'. Proc. § 2m l.060(b). CourlS routi'1cly
22 grant protectin' orders in order to control the means and manner of disco"ery anJ prevent
23 abuses of the discO\'cry process. "The 'good cause standard' enables the trial (.)Ort to
24 distinguish between proper use of discO\'ery and rnisuse of discm-cry and to treat :~ach in the
25 appropriate manner." (;T. Inc. ,.. , The Superior Coun of Santa Cruz, 15] Cal. .\.pp. 3d
26 748,7 55 (1984) (upholding protcctiye order which limited the disclosun: of document:; to
27 counsel only eyen though the documents pertained to the merits of the claim); J-Ltrris I-,
28 Superior Court, 3 Cal. .-\.pp. 4th 661, 668 (19<>2): Fonthill Properties \'. Lrc~QL..Ln.rley Corona
2 Here, good cause exists for the Court to grant a protectin order. Throughout the
3 disconry process, Zernik directly contacted, harassed and hassled Country\vide emplo:,'ees
5 Countrywide's in-house counsel, Todd .\, Boock, repeatedly infonned /.L'rnik that he
6 represented all Countrywide employees \\'ith respect to the present action, Bo, >d. Ded., '1'1
7 2.4, 7. 10. ()n~r and O\'Cr again, Boock asked /ernik to communicate solely t'H)Ilf!h
8 designated counsel, but Zernik refused. ld. Zernik has shown no indication tlut he \v'lll
9 refrain from contacting any Countrywide employee in the future. In fact, as ncelltly a~July
10 4. he emailcd Countrywide's Chief J.egal Ofticcr Sandor Samuels with his potl nti111y libelous
II press release, and onJune 29, he cmailed .\ngelo J\fozilo, Chairman and Chief Executi\"C
12 ()fficcr of Countrywide, and Samuels regarding the present action, and copied Rabbi
13 Jonathan Bernhard, Rabbi Joseph Shusterman, The Honorable R. \\'illiam Schnettler, ;1nd
14 "others in the legal and Jewish community in Los. \ngeles." Boock Decl., '1 1".
I5 Not only has Zernik communicated directly with Countrpvide employees, oycr
16 Countrywide's objections, but his beha\'ior has escalated to initiating contacts ,\'itI1 personal
17 associates of Countrywide employees having nothing to do with this 1:l\vsuit; such as the
18 charity Bet Tzedek, where Samuels is President, and a rabbi at Samuels' synagogue, Rabbi
19 Shustcrman. Boock Decl., '1"15, 16. During the unsolicited meeting \vith the raj )bi,
20 Countrywide belie\Ts that Zerruk made offensiye and insulting remarks about Countrywide's
22 ~loreoYer, on July 4, after Countrywide had ginn Zernik notice of its lntcnt t(l
23 present this ex parte application, he sent two outrageous emails containing p01ent ially
24 libelous statements to undisclosed recipients, with copies to Sandor Samnels. l'he subject
25 line of the emails stated: "PLE.-\SE .-\SK S;\NDOR S;\i\fUI-;;J.S TO STOP RI~,\L E~;T;\TE
26 FR. \ UD." Boock Decl., ']18, Ex. Nand O. The emails continue in the form of a pr.:~ss
28 and Samuels Complicit in Real Estate Fraud." ld. The emails falsely asserr that "the
1U ~~otiee-#3------
EX PARTE APPLICATIOl\: FOR A PROTECTI\"E ORIliHbitsVolumeB
B·359
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 12 of 35
1 fraud was committed by collusion of Ni\·ie Samaan and ~Iaria :\IcJ ,aurin, Count!") \\ide
2 Branch ;\lanager, In 2004- r.IcLaurin and Samaan also colluded in Mortgage Flaud attempt
3 and in \,\'irc Fraud." Id. The emails state that "McLaurin also probably person alL· apprm'ed
4 about S().S billion per year (!) in grossly fraudulent gO\-crnment-backed loans." Jd: The
5 cmail~ also admir that 7ernik has approached Rabbi Jonathan Bernhard, Rabb; .Io~cpl·
6 Shusterman, and The Honorable R, \'{'illiam Schoettler about this. case. Id. T11('s(' emails
7 contain numerous false and outrageous statements. The emails are pan of ZnriJ... 's improper
8 campaign to attempt to intimidate Coun!.0-'widc. and to buH~' it into c()mpl~:ing wil h his
<) discoYery relluests.. \s e\'idenced by his .I uly 4- cmails, I.ernik has no intenrion (If ceasing this
10 bcha\·ior. Thus, Counu-y\vidc respectfully applied to the Court for a proteet.i\T order
11 dircering I.ernik to communicate solely \\'ith Countrywide's designated cut:nsc H>!,arding the
12 present action,
13 1\'. ( :ol1c!usion
14 For the reasons set forth herein, (oun10'\\>;de respectfully reques1 s that th,' Court
15 excrci~c its inherent authority to regulate the conduct of the case, and to is:me 1 pJ'(lteni\T
17 regarding the present action, and not with represented persons who arc ufficers, direcors,
18 and employees of the company, or, in the alternative, to issue an order shonemn!2 tim: to
20
~
/- /??
/
DATED: July 6.2007
21 ~ d-~/ ~
By: ~J N W. AMBd(=;-~==-:""'-----
22 (
KEITH D. KLEIN
JENNA MOLDA \\'SK ~'
Attorneys for
24 Countrywide Home- Loalls, Inc,
25
26
27
28
3 1. 1 am an attorney July licensed to practice la\\' before the Courts 11" I he ~tate of
5 personal knmdedge 4)f the facts set forth in this declaration and could competl'ntL' te~tlf\" to
8 directed at ;"1arieb (;arcia. (:( lUl1tnwlde's Custodian of Records, 1 emailcd I.crnik ;'nJ
9 ad\'ised him that since Countrywide is represC'nted by counsel, he should J:rect ;111
10 communication to me, .\ (rue and correct copy of this email is a1"tached heret(, :IS Fxhibit .\
12 3. That S,l!1H: day, I.ernik replied '.-ia email that if i\ls. Garcia supplied her
13 attorney's email address, he would forward communication to her attorney, In hi: ,.?maiJ,
14 I.ernik also threatened f\1s. Carcia with "consequences:' including her paralcgallicense and
15 suggested she retain her own attorney.. \ true and correct copy of thi~ email is atl ~h.:h('d
17 4. ] ,atel' that da\", 1 emailcd Zernik, specifically stating "I rl'prc~:ent ~,b, Cncia,
18 and I again reiterate that any communications to CounLrywide or its employee:: should be
19 directed solely to me." :\ true and correct copy of this email is attached hcret<' (IS Exhibit C
21 5, On ~larch 29, 20 1l7, Zcrnik left seycral \~oicemails for f\ls. Garcia rdating to
22 the litigation. He also sent a lett:el' to me, copying not only \laricla (;arcia, bu' :11'0 .\ngcIo
23 i\lozilo, Countrywide's Chainmn of the Board, and Sandur Samuels, (:ountry' ....tdc's Chief
24 Legal Officer. :\ true and correct copy of this letter is attached heretl) as [~xhihit D ;lnd
26 (I. I am informed and bdic\'e that Zernik also cuntacted 1:\\'0 indiydu.tls in
27 Countrywide's customer sen'ice department, 1'-:athalic Quesaele and .\h-crra B:rdi-,s, and
28 attempted to interrogate them and encourage them to make nriOlls ;ldmissiolJ:; abou'
S,\II111 )O{ .S . (,~yq I 1
(,-13'J~ 1.'-21'---_ _ I'
~
.
---Notil;e.#3- --
EX P.-1RTE APPLIC-\T10l' fOR:\ PROTECTI\T ORlInIiltlilsVolumeB
B-361
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 14 of 35
2 That same date, ~larch 29, 2 1Itf', 1 ~cnt another email toZernik.as~.itlg 'hat he
3 refrain from contacting Countrywide employees .. \ true and wrrect Cll})" of tIi:, tTlaills
.5 .\round this time, I am informed ~lIlcl bellen: that I,crnik \\"a~; als!) k'l\"ir.l:'
.'
6 numerous yoicemaib for ,\Is. (;;'lrcia, S(J111etime~ ~e\'eral each da\' I.crni]'; al~o lcf, me
l) . Prim to late ~larci) and early. \ pri!, r am in formcL! and he lil'W tllat .l.crnik
I.) rerearcJJ~ called Diane I'rai'icr, :-1 former Countrywide 1I11det\\"fitcr, about the: ublect matter
10 of this litigation. r ;1111 informed and belieyc that I.ernik informed \£s. Frazier thal he haJ
II done a background check on her and wId her Ihat he knew (cHain things abOlil h':1" that
12 rnadl' her uncomfortable. [am also informed and beliCH' that I.crnik called 1\ls, ] 'razicr's
1j horne so fn:lJuently thaI her husband had to firml~" demand that I.ernik I1L'H'I" ('011t".ct them
14 ag:un.
16 sent emails to !,ernik on i\priI2. 2UU7,\pril U, 2()()7, and .\pril1(l, 2111}i, agail~ asbn:,; him
]7 to communicate solely with me regarding all matters relating to the litigatiun. 'I n It and
18 correCT copies of these emalls are attached here!o as Exhibits 1", (; and II, resplxtl\'cly, and
20 ] 1. On .\pril l-t, 211U~I, Z<.'rnik specifically demanded that he meet \\ illl ~.la\'ida
21 ( ;~lfcia personally.
22 12. On June 15, 2007, I recei\'ed an email in which Zernik attacked rhl \Va)
23 practice rchgion, c1alrning It \vas "disgusting," and that he was "appalled" hy 11'1\ ri.~'lucST hlr a
24 one Ja~' continuance of his ex parte hearing so that j could attenJ a Passu\,cr sl,jer win my
25 family. In the email, I.ernik berated Coun10"\\id<."s Chief LegaJ Officer ~al1(lor S;lmUl~ls'
26 religious practices as "disgusting" as well. .\ true and correct copy of this email i~ attached
28 13. On June 23, 200 7 , Zernik emailed i\ngelo i\lozilo, demanding I hat he
S\!lll \)OC;\ I>4WH 1
",,(,-1""",,-,,)-12..],,--1 1.) ---Notire#~--- '_ _
personally ensure that Zernik receiyed a declaration regarding the production ( f do:.:utr.cnts.
2 On June 15, 2(107, Zernik emailed Sandor Samuels, demanding the same relief. I'r'UC Lnd
5 On June 26,1()(l7, Zernik sent an email to Sandor Samucl~ and copled ~. rabbi
6 at his smagoguc, ljuestioning Samuels' commitment to fighting real estate fraud \ true and
7 correct copy uf this email is attached as Exhibit L and incorporated herein br refucnce.
8 15. On or about June 17, 2007, I am informed and belie\T that /.crnik left a letter
9 for Countrywide Chief J .egal Officer Sandor ~amuels at Bet Tzedek, a charitable
12 approached a rabbi at ~andor Samuels' synagngue, Rabbi ~hustcrman. to discll~'~ 1 his case.
13 .\t that time. I am informed and belie\'e that Lernik made offensiw remarks a!Il lui
15 17. On.l une 29, 2U07, Zernik again wrote to \lozilo anJ Samul']:~. I Ie copied
16 Rabbi Jonathan Bernhard. Rabbi Jmeph Shusterman, The Honorable R. \,\'illial1l '",d1( ,('ttler,
]7 and "others in till' legal anJJewlsh community in Los ,\ngcles." .\ true and cornct copy of
18 this email is attached hereto as Exhibit 1\1 and incorporated herein by reference.
20 recipients, with copies to Sandor Samuels, Chief Legal OHicer for CountrywiJ::. l'he cmails
21 bore the subject line "PLF:\SF .\SK S. \NDOR S:\1\fUELS TO STOP RF.. \] . I~:·)T\ lE
22 l'R.\UD." The emails contain purported press releases, \vhich state in parr: "For
24 Samuels Complicit in Real Estate Fraud." The emails contain numcrous ials\' ~ta:cments
25 implicating Countrywide officers and employees in alleged real estate fraud, Trm and '.:orrcc
26 copies of these emails are attached hereto as Exhibits Nand 0, respectin:,!', a lei
4 I decbre und!'r penalty of perjury under the laws 'Jf the State of California tll:11 the
5 foregOln?; is true and correct. (l ,1 I
. ~ -tL _ ):1; btt I~J-
6 Execllted thIS -.> day of July, 20{)!, ad.. dL~~rCalitorll1a. /)
7 I \~ i(l I
1 /\ •• /.' t.. '
8
,jir I ,,#.,( V"."'"-;---
I ;\, Booet) ._-
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 I
26 I
27
28
~M(i IDOl :~\!.4 .\9411
EX PAR'IE APPLIC\TION
Exhibits Volume B
B-364
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 17 of 35
3 1. 1 am an attorney duly licensed to practice law before the Courts (,f tile S\;J te of
5 han.' personal knowledge of the facts set forth in this declaration and CI luld compt renLy
7 CounrrY\\'ide applies ex purte for a protecth-c order in this maner ,)et auSt
8 Defendant Joseph I.ernik ("I.crnik") continues 10 harass Countrywide cmp loycl's ;tnd
9 officers on an almost daily basis, despite numerous requests that he communiGilc ·ulck with
10 Countrywide's duly-designated counsel. In the past ten days, I.crnik has fcpcat,:dl': :':Ol1l aete
11 Countrywide officers. and has en.. n contacted the Countrywide officers' personal as:,oci:ltes
12 at charities and temples. I.ernik has shown no indication that he will cease this harassi:1~
13 behayior.
14 3. OnJuh 3,2007, 1 ~aYe notice \,ia cmail and fax to all parties that Ct untrywiJe
15 would be appearing I'X pUl1/' for a protecuyc order directing I.ernik to COmlTIUl1h::lt,' :,olcly
16 with Countrywide's designated counsel regard111g this litigation.. \ true and corC.'ct cop I' of
18 1 declare under penalty of perjury under the laws of thc State of California' hat the
22
23
24
25
26
27
28
!!.1(,~l2.31!..i.7,",",,)5L- . 16 Ncrtice-#3------
EX PARTE _\PPLIC\TION FOR A PROTECTl\'E ORD~bitsVolumeB
B-365
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 18 of 35
Notice #3 1'
{\
Exhibits Volum B·
B-366
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 19 of 35
Todd To jz12345@earthlink.net@CWEXTERNAL
BoocklAttorneyfLegallCF/CCI
cc Mariela GarcialLegallCFICCI@Countrywlde
03/28/200701:03 PM
Mr. Zernik,
I am in receipt of your letter dated March 21:,,2007, but sent to me via e-mail on March 27, 2007.
Your letter has raised numerous issues tha: we are looking into at this time. Please be advised that we
are diligently researching the issues raised by your letter and will comply with our legal obligatiom as to
your sUbpoenas.
In my March 23rd e-mail to your former attorney Zachary Schorr, I requested that we set up a
meet-and-confer telephone call. Since he is no longer representing you, I am making the same request to
you. Please provide me with a few convenient times to call you on Monday or Tuesday, April 2nd or ::ird.
This should give me sufficient time to fUlly review and research the issues raised by your and Mr. 3chDrr's
letters, and to determine whether additional responsive documents exist.
In the interim, we kindly ask that, since you are aware that Countrywide is represented by counsel. you
direct all communications regarding this matter solely to me.
Thank you for your anticipated cooperation, and I look forward to speaking with you.
II Countryvvide'
Todd Boock
1 st VP, Sr Legal Counsel
CA In-House Litigation Legal
Todd Boock@countrywide.com
jz12345@earthlink.net
EX_IJ .PG_.L.L_
Notice #3
Exhibits Volume B
B-367
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 20 of 35
Notice #3
Exhibits Volume ~ .',
B-368 .'
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 21 of 35
jz12345@earthlink.net To Todd_Bood@Countrywide.Com,
Mariela_ Gareia@Countrywide.Com
03/28/200701 :31 PM
ee
bee
Subject Re: URGENT- LEDER TO AD BOOCI<., TIME RESPONSE
DEMANDED BY 5:00PM ON THURSDAY, MARCH 29. 'Z007
You had more than enough time to consider this subpoena, first servec
in August 2006! You had sufficient time to prepare the repeat
subpoena in January 2007, but ch8se not to address the concerns you
were informed of in December 2006.
Please respond to demands in my letter by Thur"sday, March 29, 200 7, ~:OO 'tn.
Messages in this regard are also copied to Mdriela Ciarcld. si~c~ 's
lhe person who signed on the declaration of Custodian of Records, she
may suffer consequences in person, e.g, against her paralegal
license, and she may be Lnterested in hiring her own legal
represenlation, given the conflict of interesL that would not dllJW
you to represent her.
Sincerely,
Joseph Zernik
Notice #3
Exhibits Volume B j/"'
B-370
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 23 of 35
Todd To jz12345@earthlink.net@CWEXTERNAL
BoockJAttorney/LegBUCF/CCI
cc Mariela _Garcia@Countrywide.Com
03/28/200704:56 PM
Mr. Zernik,
In your e-mail, you raised a concern that we have had since August 2006 to respond to the issues
discussed in your recent correspondence. We respectfully disagree. The subpoena you servE~d in
August 2006 was entirely different than the subpoena you served in January 2007. The August 2006
subpoena was a generalized request for documents relating to a loan application. The January 201)7
subpoenas sought nineteen separate categories of documents, many of which included SUbcategories
We timely responded to both subpoenas anej produced documents.
Most of the issues that your attorney raised in his March 19, 2007 letter and the new issues you raised in
your March 27, 2007 letter were not raised by any of the SUbpoenas. They were brought to my attEntion
for the first time in these recent letters. Please note that we are not a party to the lawsuit, were never
served with the complaint and are not as familiar with the issues in the case as you appear to be. l\.5 I
explained in my prior e-mail, we are attemptl ng to diligently respond to your letter and research the issues
you have raised. Unfortunately, this takes some time to accomplish, and we intend to take the neo:~ssary
amount of time to comply with our legal obli{Jations.
Your attempts to "meet and confer" by sending us lengthy letters and lists of demands are not in good
faith. Giving us less than 48 hours to respond to these letters is also not in good faith, nor does it follow
the spirit of meet and confer contemplated by the Los Angeles County Superior Court local rules. [acll
and every time we have attempted to engage in a reasonable meet and confer with you or your attorney,
we have been rebuffed or ignored. We will take the appropriate time to research the issues raised in your
letters and, once we have done that, we will engage in a substantive discussion with you about the issues
you have raised. We would like to work witt- you to resolve each of these issues and are more than
willing to take the time to go over each of thE~m with you. In that vein, I again ask you when you arE'
available to meet and confer over the telephone on Monday or Tuesday, April 2nd or 3rd? Please provide
me with a few times that you are available, I will let you know what works with my schedule and I will call
you at that time.
Incidentally, while your March 27, 2007 letter makes reference to certain exhibits, those exhibits ar':~ not
attached to your letter (only descriptions of the exhibits are included). So that we are certain we kr,ow to
what you refer in your letter, please provide the exhibits as soon as possible.
Finally, your threats against Ms. Garcia are whOlly inappropriate and not well taken. Please immediately
cease making idle threats against Countrywide employees in general and Ms. Garcia in partIcular. I
represent Ms. Garcia, and I again reiterate that any communications to Countrywide or its ernploye,es
should be directed solely to me.
Mr. Zernik, I assure you that we are working diligently to respond to your subpoenas and letters. We hope
to work with you to resolve your issues and move forward.
Thank you for your anticipated cooperation, and I look forward to speaking with you next week.
EX..........,._{2
Exhibits Volume 8
8-371
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 24 of 35
Notice #3
Exhibits Volume B
B-372 \,
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 25 of 35
Mariela Garcia
Custodian of Records
Legal Department
Countrywide Financial Corp
5220 Las Virgenes Rd
Calabasas, CA 91302
I am available to meet and confer by phone today, Thursday. from 7:00am to 9:00am. and from
2:00-3:00pm in the afternoon. This is a last minute notice, but events in this case and your
obfuscation over a year and a half do not leave me much choice. I am offering you these time~,
for phone conversations in addition to thf: many opportunities you had over the last year and a
half to submit additional information in writing. I am sending this notice by email to you al1(1
Mariela Garcia and I am also leaving you phone messages in this regard.
I am doing so in order to offer you an opportunity to clarify before 5:00pm today, Thursday,
your reasons for refusing to comply with a legal subpoena for the documents related to loan
applications by Nivie Samaan.
There is no legitimate and/or reasonable excuse for refusing for over a year and a half to print
out the full and complete Comments/Documents/Conversation Log for Samaan's loans fronl yc,ur
computerized system. Parts of that Jog, n:lated to Exception Approval by the Corporate
Underwriting Support Office were already provided. There is no reason not to proVide a full and
complete copy of that log.
Is a year and a half not sufficient II amount of time to accomplish II a printout of such log?
EX__ P_ pa~:~__
Exhibits Volume B
B-373
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 26 of 35
"we will engage in a substantive discussion" - what kind of discussion is there to enga~~e in
regarding your obligation to print out and provide me with that log?
At some point your arguments start sounding exactly like what they are - a farce and a
perversion of the law by the Legal Department ofa major corporation. You must also be a\\aJ'e
that my concerns are aggravated by recent reports that equated Countrywide with Enron.
Let me be clear. The subpoena of Augusl 2006 was prepared by Att Cummings. The Sllbpoela
of Jan 2007, and all following Meet and Confer letters (copy of a recent one is attached bel,)w I.
whether on attorney's letterhead or not, were drafted by me, so that I am very familiar with each
and every item discussed in them.
The materials sought in all of these communications with Countrywide are the same as tho~e
requested in the very first subpoena by Att Cummings - any and all documents pertaimng to
Loan Applications by Borrower Nivie Samaan for the Propelty at 320 South Peck Drive, Beverly
Hills. Your attempts to claim otherwise are additional excuses for your obfuscation and rcrusal
to comply with a Court ordered subpoena.
You mention that you are not a party to this litigation. These communications are also mC:H1t Ilo
serve yOll due notice and ofter you the opportunity to make amends. Actions and omissiorl~' by
Maria McLaurin and others in Country""ide in October- 2004 to January 2005. and in addition
by sending a lettcr signed by Maria McLaurin on behalf of Countrywide for use by Pia intirr ill
this litigation. and in addition by failure by Countrywide to completely respond to subpoena ill
August 2006, and in addition by failure and refusal by Countrywide, Todd Boock. Mariela
Garcia, and others to comply with a legal subpoena since January 2007. it becomes apparent 1I1at
Countrywide (referring here to CFC and all its affiliates), individuals named above. and otller';
are in fact accomplices in this blatant fraud and deccit.
You requested that I provide the exhibits, and I do so in a fax/email following. although ail ai'
them, with one exception, are materials produced by Countrywide. I am also producing two
additional exhibits for your review, which have been discussed many times in previous
communications:
a) Loan Applications (1003) by Nivie Samaan. as produced by Countrywide, demonstrating
blatant adulterations, produced by Coumrywide in response to subpoena without any
accompanying Internal or External Audit documents to justify this aberration.
b) A deliberately misleading paper document titled Comersation Log. San Rafael Branch.
produced by Countrywide. Maria McLaurin. Branch Manager, San Rafael Branch, indicar~d in a
phone conversation with me that it was her decision to insert this document instead of the ,fUr
and correct, full and complete printout of the computer-based
Comments/Documents/Conversation Log of Samaan's loan applications. In contrast. Dian.;:
Frazier, the duly authorized Underwriter for Samaan loans, whose authority was usurped by
Maria McLaurin, indicated in a phone call with me that such paper Conversation Logs ha\ e
never been used in the San Rafael Brandl at least since 1989, the year she joined Country"iIIid:~!
Countrywide, Todd Boock, and Mariela Garcia were warned in person, by phone and by v;ritlen
communications by this writer, prior to the January 2007 subpoena, that such documents \Vcr,:
EX __P_. ~i:~~-
8-374
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 27 of 35
produced in the August 2006 subpoena. Yet. the same documenls without any justification w:~re
produced again in response to the subpoean of January 2007!
"I represent Ms. Garcia. and I again reit(:rate that any communications to Countrywide or Its
employees should be directed solely to me." [find it hard to believe that this statement is true.
Mariela Garcia, a paralegal in your office. signed as an individua I on behalf of Countrywide. ~lS
the duly appointed Custodian of Records If [ receive a direct communication from Mariela
Garcia that states that you indeed repres1;:nt her as an individual. while at the same 1ime
representing Countrywide and that she is aware of the contlict of interests inherent in such
representation, I would cease to copy her on such communications.
AU Boock, your obfuscation is no lon~~er tolerable. Time is of the essence - )'our actions
and omissions, as an individual and as a representative of Countrywide have caused me
substantial financial damages through the denial of a motion to expunge lis pendens lin
November 2006, opposed with critical support with Countrywide and Maria McLaurin,
and are causing critical damage to my defense in Samaan vs. Zernik, soon to be heard in
Court.
Sincerely.
Joseph Zcrnik
Joseph Zernik
CC:
Notice #3
Exhibits Volume B
B-376
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 29 of 35
Todd To jz12345@earthiink.net@CWEXTERNAl
BoocklAttomey/Legal/CFfCCI
cc Mariela Garcia/LegaVCF/CCI@Countrywid()
03/291200712:40 PM
Mr. Zernik,
Unfortunately, I am unavailable to have a m~et and confer discussion with you today. However, I am
available on Monday, April 2nd or Tuesday, April 3rd. Please let me know some convenient times to call
you during either of those days. I will let you know what works with my schedule and I will call you then.
I again repeat my request that you refrain from contacting Countrywide employees directly, including
Mariela Garcia. It is my understanding that you have left several voicemails for Ms. Garcia today. As an
employee of Countrywide, Ms. Garcia is represented by counsel, and she will not communicate with you
directly. Please direct all communications to the company solely to me.
Incidentally, I did not receive any faxes from you today, and I note that the fax number you have in,jic8,ted
for me on your e-mail is actually my telephone number. My fax number is (818) 871-4669. While I
understand that the exhibits were mostly culled from documents Countrywide produced to you, we did
produce several hundred pages of documents, and it would be helpful for us to know exactly to whiCh
documents you refer. I look forward to receiving your fax and the exhibits.
Thank you for your anticipated cooperation, and I look forward to speaking with you early next week.
Todd Boock
1st VP. Sr Legal Counsel
CA In-House Litigation Legal
Todd Boock@countrywide.com
Notice #3
Exhibits Volume B
B-378
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 31 of 35
Todd To jZ12345@earthlink.net
BoocklAttomey/LegaVCF/CCI
cc
04/02/2007 02:46 PM
Or. Zernik,
Thank you for speaking with Sandy Shatz and me earlier today.
First. I want to reiterate to you that, as you l;now, Passover begins at sundown this evenin!], and I plan to
celebrate it with my family. You have proposed making an ex parte application tomorrow morning and I
requested that, in light of the Jewish holiday and the preparation that goes into it, you wait until ThJrsday
or Friday for your ex parte application. You have not confirmed whether or not you will move the heanng
to Thursday or Friday, but told us that you would send an e-mail with a proposed stipulation. I recGived
your proposed stipulation and am happy to agree to having your motion heard on no less than 16 court
days' notice (plus 5 days if you send it by l11ail). I will not agree to the excess wording, though. ancj th'olre
is no time for me to prepare the stipUlation and file it today. But you now have it in writing thaI we will
agree to have your motion heard on at least 16 court days' notice. which should be sufficient to take off
the ex parte. I will again tell you that we will move for sanctions against you if you force me to interrupt my
observance of the Jewish holidays and appE!ar at your ex parte application tomorrow. As I said in my
previous e-mail, courts expect counsel to change hearing dates when it inconveniences other COUlsel,
and this court will not be pleased if you refuse to do so. I also again point out the numerous defects in
your notice, including the lack of a time ancllocation.
We understand that the ex parte application relates to a motion to compel production of other documEnts
pursuant to a subpoena served on Countrywide. Today, we met and conferred concerning that
subpoena, and we are in the process of looking for other documents. Accordingly, because we are stjll
meeting and conferring on these issues, any motion to compel is premature.
Second, I repeat what I have explained sevBral times to you, that I represent the company in Ihis matler.
Consequently, we demand that you solely communicate to me as to your subpoenas and the relaled
issues. To be clear, do not contact olher Countrywide employees in general and Mariela Garcia ill
particular. If I learn that you have continued to contact Ms. Garcia or other Countrywide employees. we
will move for a protective order and seek sanctions against you.
Finally, this is to confirm that we have produced all documents within our possession, custody and control,
which are responsive to your subpoena. However, we are presently looking for two documents: ':1) Maria
McLaurin's November 6, 2006 letter to Vidor Parks _. you already have this letter, Dut we will send it to
you again if we locate an internal copy; and (2) the Underwriting Decision/Condition Letter that was
printed on October 26, 2004, which we discussed during our conversation. If we are able to locate these
documents, we will send them to you.
Please let me know as soon as possible whether you will persist in making your ex parte application
tomorrow. I am leaving my office at 3:45 pm, so I expect to hear from you by then. Thank you, and have
a Happy Passover.
Todd Boock
1st VP, Sr Legal Counsel
CA In-House Litigation Legal
Notice #3
Exhibits Volume B,
B-380
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 33 of 35
Notice #3
Exhibits Volume 8
8-381
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 34 of 35
Todd To jz12345@earthlink.net@CWEXTERNAL
BoockJAttomey/LegaUCFfCCI
cc
04/13/200702:51 PM
Dr. Zernik,
You called me this morning after you sent your ex parte notice and told me that you wanted the words "all
of the records" included in the custodian of records declaration. You said that this would be suffider1t for
you to withdraw the ex parte application. I said that I would take a look at the declaration and ge·: back to
you later today, but you demanded that I gE!t back to you within an hour.
I called you a short time later and said that 1 thought that we would be able to resolve the issue ald you
would be satisfied, but t needed a little more time than an hour. I told you that 1 should know by tl,e end 0:
the day. When you asked me to send you an e-mail, I did not say that I would not. I said that I would
rather not until I actually have some confirmation or something concrete to say. Nonetheless, I h3d
planned to convey the status to you via e-rnail, but was out eating lunch and just returned to my Offjoc1.
In any event, I now have concrete information. We have revised the declaration, and I bE'lieve that trlis
resolves the issue. The new declaration is attached, and a hard copy will follow in the mail. Please
confirm that your ex parte application is oft calendar.
On a related topic, we are ready to schedull~ a time for you to review the original loan documents Please
provide me with several dates and times that you are available to come in and review the documents
Obviously, next Friday, April 20th will not work, since we will be at Maria McLaurin's deposition (~hicll you
confirmed would be going forward). I am also unavailable on Monday, April 16th.
Finally, I remind you to please direct your communications regarding the subpoenas and related topics
solely to me. Your prior threats to Ms. Garcia were completely inappropriate. and we ask that you not
communicate with her. As I have explained on numerous prior occasions, I represent Countrywide and all
of its employees in this matter.
Thank you.
II Counbyvvkkr
Todd Boock
1st VP, Sr Legal Counsel
CA In-House Litigation Legal
Todd Boock@countrywide.com
Notice #3
Exhibits Volume 8
8-382
Case 05-90374 Document 260-10 Filed in TXSB on 05/08/09 Page 35 of 35
Todd To jz12345@ea11hlink.net
BoocklAnomey/LegallCF/CCI
cc
04/16/200701 :04 PM
Dr. Zernik,
I am in receipt of the 3 e-mails you sent to me over the weekend (one on ArJril 14th and two on April 15th)
and I am aware of the voicemail you left for Mariela Garcia (on April 14th).
Your e-mails mischaracterize the history of this matter as it relat,=s to Countrywide. We mceived and
properly responded to the subpoenas. Where you had additional questions, we have be~!n more than
cooperative with you and took the appropriate time to accurately and completely address each 01 the
issues you have raised. The arbitrary deadlines you have set are unreasonable, especially since you are
aware that I was supposed to be out of the office at a deposition today. My deposition was cancellf~d, but
you did not know that until just now. The following responds to issues raised in your communicatIOns this
weekend:
I asked you to provide me with several dates and times that you are available to come in and review the
documents. The single time you provided does not work for us. Please provide me with several dates
and times, so that we may coordinate with all parties.
You have requested to meet with Mariela Garcia in person. We do not see any reason fOl' this meeting,
especially in light of your recent threats against Ms. Garcia. We have provided you copies of the
responsive documents and will make the onginals available for your review_
This is the last time I am going to tell you that, as an employee of Countrywide, Mariela Garcia is
represented by counsel and is not to be contacted directly by you_ As a represented party, she is not
going to contact you directly and tell you that. I have repeatedly explained to you that I represent
Countrywide and all of its employees in this matter, and any and all communication regarding this matter
is to be directed solely to me.
I must demand that your harassment of Ms. Garcia and Countrywide in genl~ral stop immediately. You
have called, e-mailed and written us innumerable times, often wilh unsubstcmtiated accusations of fraud.
threats of legal action against Countrywide Hmployees, arbitrary "urgent" deadlines and last-minut(~
notices of baseless hearings. You have now demanded to meet with Ms. Garcia personally, or you will
subpoena her to testify. You have also called her directly again, despite my repeated demands that you
stop doing so. If you continue to harass us, including serving a subpoena on Ms. Garcia. we will have no
choice but to move for a protective order and seek sanctions against you.
You did not provide proper notice to Ms. McLaurin and/or Nivie Samaan in your subpoenas, and we
objected to your subpoenas on that basis.
Exhibits Volume B
B-383
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 1 of 35
As our custodian of records declaration states, we have producl~d' all documents responsive to your
subpoenas within our possession, custody and control, subject 'to the objections previously servEld. We
have complied with our legal obligations as to the sUbpoenas. However, as a gesture of good faith, we
offered to allow you to review the original documents, which we will stilt allow you to do.
Litigation Conduct
Please immediately cease your repeated accusations of fraud, conspiracy and other nefarious deeds
against me and my colleagues. These accusations are baseless, inappropriate, offensive and in liiolation
of Los Angeles County Superior Court Local Rule No. 7.12(d), which requires that counsel "should at all
times be civil and courteous in communicating with adversaries." As someone representing himsEM in
propria persona, you are bound by these rules.
Finally, please provide us with the $95.95 set forth in our April 12, 2007 invoice.
Thank you.
Todd ~oock
1st VP, Sr Legal Counsel
CA In-House Litigation Legal
Todd Boock@countrywide.com
Notice #3
Exhibits Volume B
B-385
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 3 of 35
Mr Book:
Starting in December 2006. I communicated with you and others in the Legal Department of
Countrywide various aspects of the conduct of Maria McLaurin. Branch Manager at
Coulltrywide Home Loans. San Rafael Wholesale Branch. Studying subpoena documenls in
Samaan v Zernik, and data provided by branch Underwriter indicated that McLaurin had all
ongoing relationships with some loan broker(s) with the goal of perpetrating fraud against
Countrywide (heretofore indicating CFC, Inc, and/or any of its affiliates and subdivisions), a
Federally backed mortgage lender. By estimate of the Branch Senior Underwriter, tht: fraud rate
in that branch reached around 2004 90 1Yo. where estimates by the FBl put fraud levels at 30-40%
in California in general. The pattern as a whole titted perf(:ctly with what FBI reports describe
as a loosely organized white collar crime networks harvesting stunning sums (all estimates are
believed to be guesswork at best) in an epidemic of real estate and mortgage fraud, centered in
Southern California. Needless to say, Countrywide is the sub-prime market leader, centerl'd in
Southern California as well. FBI considers the tight against this epidemic a national priority!
The overall picture emerging from the fi.le is of total collapse of checks and balances in
Countrywide. Gross violations escape all controls, since the fraud is perpetrated from above led
by the Branch Manager - and the dissenting Underwriter was quashed:
• Managerial Controls - the Senior Underwriter. who did not cooperate in the fraud. lost
her job instead
• Internal Audit - adulterated 1003 with not valid Receipt Date, adulterated fraudulent
Exception Requests by Branch Manager
• External Audit - same
• Legal Oversight - the Legal Department appears more as an accomplice with white collar
criminals than part of any compliance monitoring
Over half a year since my first report to the Legal Department, it appears that Countrywick never
took any action in this regard. If anything, the Legal Department was busy stonewalling.
obfuscating, and defending McLaurin, who is still holding the same position as before. I am not
aware of any reporting you made to supervisors, as required by Sarbane-Oxley, or to SEC, Thrift
Regulators, Trade Commission. or the Federal Reserve. You refused to answer any questions in
this regard. Instead, you informed me that my attempts to directly inform Mr Mozitlo, Chairmar
of the Internal Audit Committee, were intercepted, and any attempt to communicate with
anybody at Countrywide, but you, would be considered "harassment' of Countrywide, and
would result in legal action.
A March 2007 column by Pulitzer Prize winner, Gretchen Morgenson.in the NYT. predicted the
ominous collapse of Countrywide, which she compared to Enron - an inherently corrupt
organization. She differentiated that the collapse of Countrywide would be much slower - a train
crash in slow motion, and also, that the damage inflicted 011 the American economy and many
many families would be much bigger.
In Meet and Confer discussions. you denied that McLaurin was involved in fraud. since her
scheme related to mortgage approval and funding of a loan for the buyer, Samaan. in the aborted
purchase agreement of my residence, never materialized.
Similarly, I was informed by Thrift Supervisors, that Countrywide w;ed the same argument to
deflect my complaint.
Needless to say, I am no bank regulator, but data indicating that a WHOLESALE BRANCH
MANAGER, who may approve up to $50,000,000 A [)A Y in mortgage investments, is involvec
in an ATTEMPTED FRAUD, was worthy of reporting and investigation as a MATERIAl.
DEFICIENCY. Moreover, as detailed below, THIS CASE PROVIDES THE TEMPLATE
FOR ROUTINE SCAM TO OVERCOME COUNTRYWIDE'S APPEARANCE OF
SAFEGUARDS AND COMPLIANCE WITH LAWS AND REGULATIONS (E.G,
REGU LAnON B). and surely the scam described here 'Was not used here for the first time.
As fuJly clarified to you over the months since then in many communications. Samaan's loan
application (1003) was replete with false and fraudulent data:
• its Date Received stamp was adulterated, but you could not or would not explain by
whom, when. where, why, and under what authority
• Many documents indicate that the loan was allowed to be continuously reviewed longer
than permitted by Regulation B. through manipulation of the Date Receivl~d data.
• You could not produce or would not produce any documentation of the correct Date
Received for the loan application
• the signature on the 1003 was not that of the Loan Broker, Victor Parks
• Samaan stated in deposition that the loan broker never even talked with h(:r
• on the 1003 Parks is listed as the telephone interviewer
• Samaan stated in deposition that her husband, who does not hold any relevant licence,
and probably is prevented from ever holding any such license, was the one who prepared
EX ,-~_£ __ ~-~b60r0;;;t-- .
B-387
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 5 of 35
the applications
• Samaan. who at the time made her living on the Payroll of a department store as
cosmetics saleswoman claimed in loan applications that she was the president and :~ole
owner of a corporation Spellbound Enterprise, Inc. for at least 4 year. v.lith no othe"
employment, and with income of $400.000 per year
• That corporation was established less than a year earlier, and according to its web page.
engaged in web retail sales for consumers of the psychic and the occult - "The
Supernatural Superstore" - providing Tarot cards, divining ol:~ects. anointment oi Is. and
crystal balls.
• That Loan Application, prepared by the newly wed husband listed his wife as an
Unmarried Woman. in violation of laws and regulations for a Community Property State.
• As clearly indicated in Clues report and conditions set by the duly assigned Underwriter,
this application had some of the cardinal signs of fraud - discrepancies in employment, in
residence. in source of income, in source of funds.
• Regardless of conditions set by Underwriter, the applicant would not divulge "Type l l f
Business"
• The business license provided by applicant contradicted the statements sht~ made in the
application, and was not accepted by the Underwriter
• The explanation applicant provided for discrepancies in residt~nce statement was deemed
unacceptable by Underwriter
• Telephone numbers provided by the applicant did not match lip with other busine:;.s and
residence information provided
• When the loan was not approved by the Underwriter. McLaurin filed an Exception
Request where the income was increased through a "typo" to $4,000,000 a year
• In same Exception Request credit determinations made by YOLlr expert 5) ')1.em - Clucs.
and the duly assigned Underwriter werc turned upside down by McLaurin
• The loan application was missing the Broker's signature on the Broker's certification in
all Underwriting Letters you produced
J probably forgot some of the fraudulent data, the list is too long. But one of the 1110st notable
features was that McLaurin, through her conduct, seemed to endorse the invalid 1003. which was
for the wrong loan program (no documentation, >$I.3m. on a program that allo\\-s no
documentation for only up to $150,000), at a 0.75% lowered interest rate. In fact. it allowed the
Borrower to misrepresent lack offunds to close. and lack of reserves. And if closcd. it would
have provided the Borrower over $1 a.ooo discount for no obvious reason (except tor the obvious
relationship between applicant, her husband. and his cousin - all involved in the mortgage
industry. and the Bank manager), and probably justified the personal time and eft(Jrts of the
Branch Manager. ..
Frazier, the duly authorized Underwriter refused to issue any credit decision prior to receipt of
valid. correct 1003 loan application. But the handling of this loan demonstrated a simple route
around sound Underwriting principles required by Federal regulations. The applicant waitl~d,
and seemed strangely uninterested in addressing the deficiencies in h,~r application. Instead, she
probably was waiting, as part of a routine scam. for the loan application to be suspended
(10/25/04) for incompleteness 10 days after receipt (10114/04). In fact. according to the duly
assigned Underwriter, the application was uniquely incomplete at submission. probably by
design...
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 6 of 35
Following that suspension, the Bank Manager had no problem usurpng the Underwriting
authority of the duly assigned Underwriter, bypassing all security and Underwriting safeguards,
and overturning all Underwriting Decisions/Conditions.
For example, she filed both her Exception Report (10/25/04) and her Appraisal Request
(10/25104) without obtaining new, valid loan application 1003 from the applicant. Therefore, she
had no way to adjudicate the application, since all calculations listed by the applic:ant on the
1003 used fraudulently lowered interest rate.
Gadi, in Division Underwriting Support, conditioned his approval (10/29/04) on the following
stipulations:
a) that all information provided to him was true - but the annual income, fictional to start out.
was IO-fold increased, AND the credit determinations presented to him were opposite those of
CLUES and the Underwriter, without any discemable foundation
b) that all conditions stipulated by the Branch Underwriter be enforced - these condit ions were
already ignored by the time the Exception Request was filed. and seemed to be ignored in al I
later Underwriting Letters.
On 10/26/04 McLaurin, for no obvious reason, issued a false, invalid, unsigned, and
unauthenticated Underwriting Letter that appeared to be issued by Frazier, the duly assigm:d
Underwriter, as ifshe was still in charge of the application (where in tact McLaurin had by then
usurped Underwriting authorities). The Underwriting Letter stated that the application had been
suspended (where in fact by then McLaurin had moved the application to the fast [rack - by
applying for Review Appraisal and Exception Request).
cv ~
L- .1\. _".~"d- __ Dr."
~C\.,~ _. ~2
-:'L
Exhibits Volume B
B-389
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 7 of 35
ASSESS THE AGREEMENT UNTIL OCTOBER 22, 2004, THAT IS- AFTER ESCROW WAS
ALREADY CANCELLED.
D) THE SECOND, AND ONLY OTHER COPY OF THE PURCHASE AGREEMENT. WAS
RECEIVED ON OCTOBER 25, 2004, AND WAS COMPLETE. WITH ALL INITIALS AND
SIGNATURES
i) IT IS NOT CLEAR WHO SENT IT. EVIDENCE SUGGESTS THAT ALL ALOl\G
SAMAAN IMPERSONATED HER LOAN BROKER, AND ALL FAXES APPLARINCi
AS HIS, ARE IN FACT FROM HER OWN FAX MACHINE.
ii) FOR EXAMPLE - COMPARING THE LOAN BROKER SIGNATURE
APPEARING IN COURT FILINGS, WE COULD NOT IDENTIFY ONE SINGLE
AUTHENTIC SIGNATURE IN THE WHOLE LOAN FILE, OR FOR THAT MATTER
ON THE ORIGINAL FRAUDLLENT PRE-QUALIFICATION LETTER.
iii) ALTHOUGH THE FAX PRODUCED BY COUNTRYWIDE APPEARS AS
ARRIVING FROM PARKS ON OCTOBER 25, 2004, PARKS PROVIDED A
DECLARATION UNDER PENALTY OF PERJURY, THAT IT WAS FAXED
"IMMEDIATELY" AFTER IT WAS RECEIVED FROM ESCROW ON OCTOBER 22,
2004.
iv) THE DOCUMENT PRODUCED BY PARKS IN COURT, WHICH HE STATI::D
UNDER PENALTY OF PERJURY WAS THE ONE HE HAD FAXED TO
COUNTRYWIDE, WAS MISSING ZERNIK'S INITIALS AND SIGNATURES. IN
CONTRAST WITH THE DOCUMENT PRODUCED BY COUNTRYWIDE, REPLETE
WITH ZERNIK'S JNITIALS AND SIGNATURES.
v) THIS WRITER HAS PERSONAL KNOWLEDGE OF THIS DOCUMENT - THE
DOCUMENT IN COUNTRYWIDE'S CUSTODY IS A TRUE AND CORRECT COPY
OF THE DOCUMENT, WHILE THE DOCUMENT PRODUCED BY LOAN BROKER
PARKS IS THE PRODUCT OF ADULTERATION, RATHER THAN THE OPPOSITE.
C)( I O~
~ ~ ------Netire-#~:a.
J
_3.:1--
Exhibits Volume 8
8-390
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 8 of 35
The transaction was tenninated by Zernik following a Notice to Buyer to Perform. and a "alice
to Cancel, when Samaan failed to remove both her Loan Contingency and her Appraisal
Contingency long after the time set in her Purchase Agreement. Therefore, you claimed. there
was no loss to Countrywide or the Federal Government, no fraud perpetrated. and no need for
the Legal Department to take any action.
Similar claims were raised by Countrywide in response to complaint I filed with Thrift
Regulators.. Countrywide Bank argued that Samaan's loan would never have been funded had
the transaction not been canceled.
However. McLaurin. in court declarations. supported applicant Sama:an's claims that are
diametrically the opposite - that the loan would have definitely been approved and funded had it
not for Zernik's initials of seller on the bottom of California Purchase Agreement and Joint
Escrow Instructions. That - regardless of the true facts in this matter:
a) The document presented by Parks as the one sent to Countrywide was a fraudulent forgery.
The document faxed to Countrywide on October 25,2004. and still in Countrywide's custody,
included all seller's initials and signatures.
b) The only other Purchase Agreement appearing in the Loan File was received by Countrywide
on October 22. 2004, and was missing critical Buyer's initials and signature.
c) Prior to October 22,2004. this loan application claimed to be received October 12,2004. and
probably received much earlier (the stamps were adulterated), never included any copy of the
Purchase Agreement. Therefore, McLaurin or others at Countrywide' could never adjudicate any
initials or signatures prior to October 22. 2004. Definitely, the file did not include any copy of
the Purchase Agreement from October 14, 2004 to October 22, 2004, as confirmed by both the
Loan File and the duly assigned Underwriter.
d) Any Broker or Realtor questioned about this case expressed amaz(~ment at the outland ish
claims brought in the name of Countrywide. In this day and age, even loan applications are often
unsigned prior to closing (and Samaan'~ Loan Applications., fraudulent from A to Z, showed
signatures that surely did not belong to her Loan Broker).
e) Legal consultants appear positive that the agreement as such is executed without the initials.
given that the Counter Offer. fuJly executed, stipulate that all provisions of the Agreement are
fully agreed upon by both parties.
But the Legal Department of Countrywide does nothing to stop this ongoing attempt at fraud.
EX _..~_£·~9.t!C~G _,?3._'~_ _
Exhibits Volume B
B-391
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 9 of 35
•.".-.
This time - not undercover fraud, but fraud in broad daylight, in full view of all internal and
external audit, regulatory and supervision safeguards.
This notice is to demand that you provide, on behalf of the Legal Department of Countl)'\~ ide,
answers for the following questions related to the First Lien Loan Application of Samaan.
claimed to be received on 10/14/04, and as represented in:
a) Countrywide's production ofbusine&s records ofSamaan's Loan files in Samaan v Zernik
b) Countrywide's responses to complaint file with Thrift Regulators in early 2007
c) Countrywide's responses to a complaint file with Federal Trade Commission from 2007
d) Countrywide's customary business practices
e) Countrywide's reports to regulatory agencies
1) Are you aware of the declaration of Maria McLaurin, signed on May 23. 2007, and fi led in
court on May 25, 2007, as part of litigation in Samaan v Zernik?
2) Did you approve this declaration in advance of its filing?
3) If you are not familiar with this declaration, I demand that you immediately obtain a copy
from Maria McLaurin, and inform me - does Countrywide approve cfthis declaration at pl'esent?
4) Did you approve McLaurin's letter of November 6,2006 ahead of its filing?
5) Does Countrywide approve of the content of the Novem bel' 6. 2006, letter at present?
6) In Meet and Confer you indicated that the unsigned, unauthenticated, Underwriting
Cond ition/Decision Letter of October 26, 2004, produced by McLaurin in her court filing. was
not part of Samaan's Loan Application File, and indeed it was not part of any orthe subpo,:na
production in August 06 and in January-February 2007:
Does Countrywide consider at present that unsigned, unauthenticated Underwriting Letter 01'
October 26,2004, as a valid part of Samaan Loan Application Underwriting proc,;:ss in 2004?
7) Who was the du Iy assigned Undenvriter of Samaan's Loan on October 24, 2004? October 25,
2004? October 26, 2004, October 27,2004, October 28,2004, October 29. 2004,?
8) Under which circumstances is anybody other than the duly assigned Underwriter allowed to
issue an Underwriting Letter?
9) Under which circumstances is anybody, including the duly assigned Underwriter. allowed to
issue an unsigned Underwriting Letter'?
10) Does Countrywide agree with the various statements made by Maria McLaurin in her
declarations of November 2006 and May 2007 regarding the October 26.2004 Underwriting
Letter?
11) Are you [ami liar with various statements in declarations, emails, and fi lings of Keshavarzi,
Parks, and McLaurin, which on their face appear as gross violations of Regulation B by
Countrywide?
12) For example. does Countrywide allow a "source" in San Rafael Wholesale Branch to
verbally notify a loan broker of the disposition of loan applications, including conditions for
approval and action taken, without any written notice, and at times in contradiction of written
notices?
13) Are you familiar with the fact that Samaan, the Borrower, directly managed her Loan
Application Underwriting, at times by direct communication with the Underwriter and others,
and at other times by misrepresenting fax communications as coming from her Loan Broker?
14) Does Countrywide approve of BOlTowers managing their own Underwriting Brokerage and
communicating with the Wholesale Branch?
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 10 of 35
15) Are you familiar with the fact that Samaan stated in her deposition that she did not even Lalk
with her Loan Broker, let alone present him in person with any documents that \\ue presumably
the basis for the loan application 1003?
16) Are you familiar with the fact that Samaan stated in her deposition that her husband. who is
her Loan Broker's cousin, was the one who prepared her loan applications?
17) Does Countrywide approve as part of its business practices of Bcrrower's spouse. who holds
no license, and possibly is barred from ever holding a license, to prepare Borremer's Loan
Applications?
18) Are you aware of the multitude offraudulent data incorporated in Samaan's Loan
Application 1003?
19) Does Countrywide approve of such fraudulent loan applications?
20) Was Gadi ever made aware that the income presented to him, of $4,000,000 had no basi~ in
reality?
21) Was Gadi ever made aware that the credit determinations appearing on Exception Request.
Branch Input. had no base in reality. and were produced without any supporting Underwriting
Notes?
22) Did McLaurin ever run CLUES report on Samaan's application as demanded by Gadi. after
10/25/04?
23) If so, why was it never presented in subpoenas?
24) If not, how was she allowed to proceed with loan approval without any alarm raised by any
of the internal audit, external audit, legal, managerial, and regulatory oversight mechanisms?
25) Did Samaan ever satisfy the condition originally set by Frazier 011 October 14,2004, then
repeated by Gadi on October 29,2004, that Samaan must submit valid loan appl ication ( I 0(3)
showing the correct interest rate and the correct calculations based on such intcn:st rate in Ilcr
loan application J 003?
26) If so, why were 110 such loan applications (1003) produced in subpoenas?
27) Did Countrywide ever provide approval Samaan's First. Lien Loan Application without ever
receiving a valid loan application 1003 as described in 14) above?
28) Was Samaan;s First Lien Loan ever unconditionally approved for funding?
29) Would Samaan's Loan Application 1003 be approved ifpresented today for Underwriting?
For ending - some simple ones:
30) What was the true receipt date of Samaan's Loan Application?
31) Who, when, why, and under what guise adulterated the Date Received stamp?
32) Did Countywide really never conducted any investigation of this gross violation of
Regulation B?
33) You are fully aware, after it was pointed out to you numerous times. that Samaan's income a:;
listed in the printouts of Exception Request, Branch Input, is a rough adulteration. The printout
was covered with whiteout - and a new figure handwritten in. Detailed reading ol'the document~;
explained why:
McLaurin increased Samaan's income, fictional to start out., ten-fold. to $4,000,000 per year. for
the Exception Request. But the file copy was made to appear in synch with the loan application
at $400,000 per year.
Did you ever investigate who made this adulteration?
Was there any report issued?
Were there any violations of Countrywide's practices in these actions?
/j----
E)( -----=--.
T . '-"Exflibits''''~IlJfl'le-8--
NeP(~ ~~) S
8-393
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 11 of 35
Joseph Zernik
ps:
It is Friday afternoon, and I must end on a personal note. I was born in Jerusalem.. on my
Mother's side- of a Hebronite Jewish family descended from Rabbi Schneerson and Sephardic
roots combined, and on my Father's side, descendent from the German Rabbi Akiva of Egl~r. I
married a descendent of the Luzzatto family. Combined, my children, who grew up in this
residence, and my teen age son. still living here, hold a vast treasure of Jewish family memories
over the generations.
I was disgusted and appalled by your hypocrisy, representing yourself as an observant Ol1hodox
Jew, in order to avoid ex parte appearance in court to represent your positions - supporting fraud
and deceit.
I was simi larly disgusted when 1 recognized that Sandor Samuels, th,~ head of your department,
and an orthodox Jew, serves as the 2006-7 President of the Board of Beth Tzedek. a Jewish
charitable organization for legal aid. Fraud prevention, and in particular real estalle fraud
prevention are advertised as a high priority. And the Orthodox Jewish lawyers who refused to
represent me in this case because of the Orthodox Jews in your department only made it more
abhorrent. Your department, as managed by Samuels, based on your conduct to date, appears
dedicated to aiding and abating real estate and mortgage fraud committed by a Countrywide's
Branch Manager.
Combined, the conduct of your department over the last half year bears testimony to a Legal
Department that disregards the rule of the law, and suppons abuse ofjustice. In printing Belh
Tzedek's logo "Tzedek Tzedek Tirdof" ("Justice, justice you shall pursue " ) in Beth Tzedek's
brochures, bearing his portrait photo, Samuels and you jointly make ridicule of that
commandment, whose words have been admired over the millennia by Jews and non-Jevlls alike.
I find this particularly poignant since in 2006 1published by commission a French translation of
Hebron Stories by Shami (1888-1949) for the Calvinist Church of Switzerland. after publishing
it in English in 2000 to rave review by the Los Angeles Times. The themes of these storie~, I told
the French non-Jewish readers in an epilogue. were those of the Hebrew Prophets - Micah and
Amos who lived walking distance from Hebron: social justice, and protest of hypocrisy through
overzealous devout religiosity.
"WiJ/ the LORD be pleased with thousands oframs, or with ten thousands of riven; ofoU?
ShaUl give my firstborn for my transgression, the fruit of my body for the sin l~r my soul?
He h4lth shewed thee. 0 man, what is good; and what doth the LOJW require ofthee.
But to do justly, and to love mercy, and to walk humbly with thy God?"
Notice #3
Exhibits Volume B
B-395
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 13 of 35
From:jz12345@earthlink.net
Subject: URGENT: Timed response required - demand for declaration by Countrywide
officer.
Dear Mr Mozilo:
]n 2004 Zernik listed his residence in Beverly Hills for sale. Nivie Samaan made an
offer, which was eventually accepted by Zemik. As later uncovered, Samaan was never
qualified to purchase the Property. She was a cosmetics saleswoman who fraudulentl y
represented herself to Zemik as a realtor who closed several dt:als a year, and who
fraudulently represented herself in her 1003 (Attachment #1) as solely deriving her
income as President of a Corporation. Her Prcqual ification Letter was a product of fraud
and an instrument of Fraudulent Inducement to obtain Zemik's consent to the Purcha~e
Agreement.
Maria McLaurin, Branch Manager, buyer Nivie Samaan, buyer's husband and McLaurin'
s friend Jae Arre Lloyd (formerly Timothy Lloyd Morrow), and his cousin and business
associate Victor Park, all operating in the field of real estate and mortgages, initiated in
2004, several types of fraud, all related one way or another to the pending sale of my
residence. McLaurin and Lloyd were most likely well versed in mortgage fraud, but this
fraud scheme did not work on schedule - approval ohhe J" Li{:n Loan #8137375 was
considerably delayed, possibly because Lloyd and McLaurin were trying to outdo
themselves this time and issue a fraudulent jumbo mortgage, with no documentation. find
at reduced interest rate. The latter proved more difficult than anticipated (Attacbm.~nt
Exhibits Volume B
B-396
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 14 of 35
#,2,#3, #4).
Fol1owing Samaan's failure to perform, and the realization, on several accounts, that she
was not dealing honestly, Zemik issued Notice to Perform, and later, after Samaan
refused to perform, he issued Instructions to Cancel Escrow.
A year later, in 2005, once the price of the Property considerably appreciated, Samaan
filed claims for Specific Performance, and placed lis pendens on the Property. Samaan's
claims initially appeared unsustainable and absurd, but false and fraudulent statements
and documents (Attachment #5) brought or supported by McLaurin kept the case ill
court for the second year now.
I demand your help in mitigating the damages resulting from unlawful, fraudulent
conduct of Maria McLaurin, To mitigate damages, and to help in stemming the
ongoing fraud and deceit perpetrated against Zernik, please personally ensure that J.
am provided by Friday, June 29, 2007, 5:00pm, a declaration by an authorized
officer of Countrywide, outlining relevant details shown below (Attachment #6),
Sincerely,
Joseph Zemik
* Countrywide here refers to CFe, Inc and all its subsidiaries and affiliate5.
PLEASE SEE COMPLETE DOCUMENT IN ATTACHMENT.
any. 07·06·24
~
Moz~o cover letter with short altachmets.pdf
EX~~ Noti~G
~- ;<t ---'_
Exhibits Volume B
B-397
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 15 of 35
Notice #3
Exhibits Volume 8
8-398 L
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 16 of 35
Original Message
From; j z 1 2 34 S
Sent: 06/25/2007 01:51 PM MST
To: sar.dor_samuels@countrywide.com
Subject.: URGENT: Timed t"esponse required - demand for a declarat.ion by "1
Countrywide Officer.
Sandor Samuels
Chief Legal Officer
Countrywide*
Dear Mr Samuels:
Phase 1- 2004: Typical "Straw Buyer" mortgage fraud compounded with rate/fee discount
As we have uncovered through subpoenas, in 2004 McLaurin was an accomplice to an attempted
mortgage fraud against Countrywide - a government backed mortgage lender. Her main
collaborator was lae Arre Lloyd (formerly Timothy Lloyd Morrow), veteran mortgage pro,:essor
(but not a license holder). In 2004 I had no knowledge of this, although the fraudulent mortgage
application was against my Beverly Hills residence, at that time listed for sale. Initially, no harm
was done to me either.
It appears that neither McLaurin nor Lloyd were new at it. But as sel~n through documents
obtained from Countrywide, McLaurin and Lloyd were trying to outdo themselves in this case.
They were not satisfied with a typical "Straw Buyer" mortgage fraud - issuing loans for about
Exhibits Volume 8
8-399
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 17 of 35
$1.5m for an entirely unqualified borrower. The borrower. Nivie Samaan, a department store
cosmetics saleswoman was represented in 2004 as Lloyd's newly-wed wife, although in 1003
and in Escrow documents she was listed as an Unmarried Woman, and future Sole Owner of the
property. Lloyd, the husband himself, was the one who introduced this fraudulent marital status
listing. As turned out much later, the person represented as the loan broker (Victor Parks, Lloyd'~
Ist cousin and business associate) was out of the loop.
This particular mortgage fraud was to be a family affair for the new-wed wife. And the "Straw
Buyer" mortgage fraud was to be compounded by fraud against Countrywide per se . by
obtaining the 1st lien mortgage at 0.75'% discount relative to prevailing rates and/or fees.
Unfortunately, as it turned out, the compound fraud was not as easy to pull offas these two
professionals, McLaurin and Lloyd, must have assumed. The local branch senior underwriter-
Diane Frazier - repeatedly refused to issue credit detenninations for 1003 mortgage applications
with major violations of loan program rules. And the Clues Expert System similaJrly issued a
"REFER" detennination.
McLaurin lIldeed tried to bypass the local underwriter and she issued a referral to Division
Underwriting Support - Demetrio Gadi - for an Exception Request. But Gadi wou lei not go a long
with that fraud either. Careful reading of his "approval" communication shows that he in eff~cl
did not approve any exception at all. The borrower was to add the 0.75%, as previously
deternlined by Frazier, and the borrow~:r was required to produce new, valid 1003s. Moreover,
Gadi reenforced the authority of the local branch underwriter and dctl~nnined that the branch
manager must abide by all conditions and decisions previously stipulated by Diane Frazier.
Moreover, he added new conditions that would make it even more dilTicult, or practically
impossible for McLaurin to get that fraudulent application funded. A new Clues Report was to
be issued prior to funding, and all documents had to be reviewed by a branch underwriter prior to
funding. In addition, Gadi introduced an unusual condition, to ensure that if the loan was ever
funded, damage to Countrywide was contained. McLaurin was instructed to issue a
non-delegated Mortgage Insurance at cost to branch, and demonstrate a certificate in the fik
prior to funding.
In fact this "Exception Request Approval" by Gadi, was a sounding vote of no confidence in the
integrity and professional judgement of McLaurin. I had no knowledge of any of that in 2004, as
the seller in the underlying real estate transaction. But both I and my realtor were getting
increasingly alanned by what appeared as repeated instances of dishonest dealing or worse, and
by failure of the buyer to perfonn. I was also waiting for buyer to remove her contingencies
prior to making a large deposit on my next dwelling. But buyer failed to remove the
contingencies, and I subsequently lost the dwelling that I had chosen as next for m~ and my
family. By that time, the typical California real estate transaction, with its measured dynamic
method of contingencies, intended to equitably distribute the risks and liabilities, was turned
upside down. It was clear that the buyer would not be able to close on schedule, but if I waited
any longer, she could force me to close at any time in the future, regardless of whether or not I
had secured an alternative dwelling. And she could also cancel without a major liability to
herself, since she still had not removed her last two contingencies (Loan and Appraisal).
Therefore. I issued a Notice to Buyer to Perfonn. In response, I received a letter from buyer in
which she explicitly refused to remove the last contingency (Appraisal), without any
justification. Indeed, she already had in her hand an appraisal that came in at sales price, and her
actions in this regard appeared as yet another dishonest dealing, which in retrospect is surelly
was. I then acted within my absolute right and issued Instruction to Cancel Escrow.
Events in 2004, in and of themselves, caused relatively little harm to seller compared to
subsequent events. These events in 2004 may appear to some as solely an attempt at fraud
against Countrywide, facilitated by a Countrywide Branch Manager. But in effect, the Purchase
Agreement stipulated that buyer "shall act diligently and ill goodfaith to obtain designated
loans". Therefore, the fraud was also against the seller. Seller had no consumer standing, and
for that matter no direct relationship whatsoever with Countrywide. But a Countrywide Branch
Manager with no discernable reason, was trying to hann seller by enabling and facilitating fraud
by buyer against seller.
Events in 2004 could not have taken place were it not for the willingness of McLaurin to
perpetrate mortgage fraud in collaboration with Lloyd and Samaan. It is also diflicult to assume
that what the underwriter, Frazier, herself described to me was entirely secret - a wholesale
branch where fraud was pervasive and underway on a daily basis, intense pressure was applied
on the legitimate underwriters to collude, total disregard for Jaws and regulations was abundant,
and the organizational structures and procedures that were put in place in Countrywide to
implement mandatory safeguards and comply with the law, appeared all gone. In t~lct, careful
analysis of Gadi's actions suggests that he was aware at least of some of it.
This type of fraud is also well known. The owner is left instantly without any control of his own
property, or his own finances for that matter, or his own time of day. Owner is not able to sell,
not even to enter a long tenn lease, and surely not even to refinance at a time of concerns Qver
swinging interest rates. Moreover, the litigation, beyond the aggravation, has become
exceedingly costly. At present, this case appears as one that can bring this owner to bankruptcy
and ruin, in a case that is what Bet Tzedek's mission to prevent.
Strange Bedfellows
The current situation put the owner, buyer, and Countrywide in unantiicipated positions: One
would have thought that Countrywide, as targeted victim of the Phase I compound fraud would
take action against a runaway Branch Manager and take a firm position against the
borrower/buyer.
In fact the opposite is the truth. Attorneys for the Legal Department clearly show no interest in
the fact that a Branch Manager attempted fraud against the bank. In fact attorneys for the Legal
Department have been trying to cover it up by producing partial responses to subpoenas, and at
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 19 of 35
The buyer. who in 2004 had a check for $15,000 deposit bounce twice for NSF, has no\\- spent
by some estimates close to $200,000 on legal fees. And strangely enough, attorneys for the buyer
seem particularly interested in protecting the Branch Manager, who is not even their client. [n
return, the Branch Manager supplied buyer with fraudulent claims, fraudulent bank documents,
and make statements and declarations in court that fonn the foundation of this mal icious
prosecution.
Being a relatively senior manager, identifying herself as a Branch Manager, and submitting
papers on Countrywide letterhead, Maria McLaurin is clearly perceived in court as representing
Countrywide as a whole.
The damage caused to seller by this malicious and illegal conduct of McLaurin is enormous, and
is compounded by the day.
Given your position in Bet Tzedek, in Adat Ariel, in the Ziegler School of Rabbimcal Stucllies,
and statements you make on behalf of Bet Tzedek, and the little that I know about your
education, I cannot believe that had you known any of this, you would have let it stand one more
minute.
In the letter to Mozilo, as an immediate relief, I requested that an authorized Officer o[tht:
Corporation make two statements in a declaration that would be submitted in COllIt. These
statements, which I am confident are true, contradict fraudulent statements and assertions
repeatedly made by Maria McLaurin and her associates in court since November 2006. These
assertion form the core of the litigation. If the true facts in this matter are clearly articulated by
Countrywide, and if Maria McLaurin is barred from any further misre'presentation and fraud in
court, where she appears as representing Countrywide, this litigation would be over.
Joseph Zernik
Cell: 310435 9107
--~~~
* Countrywide here refers to CFC, Inc, and all its affiliates and subdivision.
k- I;?oG~ __.4;'2-
- Exlliblts VolUllle B
6-402
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 20 of 35
Notice #3
Exhibits Volume B
B-403
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 21 of 35
Original Message
From : ~,z 12 34 5
Sent: 06/26/2007 04:58 PM MST
To: sandor_samuels@countrywide.com
Cc: rabbijj@adatariel.org
Subject: Fwd: Samaan v. Zernik -- Response To Your Correspondence to l\n:jelcl
Mozilo aGd Sandor Samuels
Mr Samuels:
I approached you as President of Bet Tzedek, where you represented your commitment to
fighting real estate and other types of fraud. Your response, through Mr Boock. appears
inconsistent with your representations as President of Bet Tzedek, and your stand ing in other
Jewish institutions, such as Adat Ariel.
Wouldn't it be the easiest case that Bet Tzedek ever resolved, if you made the very same
statement (9 words in total), in a declaration by you or by any other 0 fficer of Countrywide oj<.
Joseph Zern ik
*Countrywide here refers to CFC, Inc, and all its affiliates and subsidiaries
X-WSS-ID: OJK7ZHI-OE-OPE-Ol
To: jz 12345@earthlink.net
Subject: Samaan v. Zemik -- Response To Your Correspondence to Angelo Mozilo and
Notice #3
Exhibits Volume B
B-405
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 23 of 35
iz 12345@earthlink.net
07/021200710:09 AM To sandor_samuels@countrywide.com,
angelo_mozilo@cQuntrywitje.com
cc rabbijjb@adatariel.org
Subject URGENT! TIMED RESPONSE REQUIRED BY TUESDAY.
JULY 3, 2007. 5:00PM ATTACHMENT PART II
Sandor Samuels
Chief Legal Officer
Countrywide
You are addressed here in an urgent call for justice by a person, whose life is on the verge of ruin
as a result or wrong and dishonest conduct by a Countrywide manager who is deliberately
attempting to subvert justice in the Los Angeles Superior Court under Countrywide's name.
You arc the two individuals in whose person the safeguard of the integrity of the operations of
Countrywide is most clearly vested, and in whose power and authority it is to mend this wrong.
Rabbi Jonathan Bernhard, the Honorable R William Schoettler, and Rabbi Shustcnnan are
copied as witnesses to travesty of justice at various points along its way. Others arc copied, since
EX_l~~~ ~B~,di~
B-406
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 24 of 35
Sandor Samuels is also addressed as the President of Bet Tzedek (House of Justice), and in his
capacity in other prominent Jewish organizations in Los Angeles, such as Adat Ariel, and the
Ziegler School ofRabbinical Studies. Bet Tzedek is a not for profit Jewish organization
dedicated (0 the cause offurtheringjustice through free legal services to the needy, and to stem
fraud - with real estate fraud prevention listed at a high priority. Bet Tzedek is a worthy
institution, and one that can proudly be held as a symbol of the Jewi5h community's contribution
ito the people of Los Angeles in particular, and the historic contributi,:m of the Jewish
Community to American life in general. The work of Bet Tzedek \\as reviewed or mentioned for
their positive contribution to justice in the Los Angeles Times, NPR 's Market Place, the Los
Angeles Daily Journal, the Jewish Journal, and other publications.
In web pages of Bet Tzedek Mr Samuels states: "Whom do you call ifyou are elderly and
someone is trying to evict you from your apartment or your house? ... The answer to these ....
is a resounding Bet Tzedek! " (Attachment A ). I am not elderly, but a real estate fraud
perpetrated against me in the LA Superior Court by a Countrywide Branch Manager and her
associates, may leave me elderly and poor. In those web pages Mr Samuels expressed his
commitment to justice, and in this letter I call upon him to act based upon these commitments.
The biblical commandment "Justice, Justice You Shall Pursue" from the Five Books of Moses,
is featured prominently as the guiding words for Bet Tzedek . Indeed, that commandment, and
even more so the words of the Hebrew Prophets have been admired over the millennia by Jews
and non-Jews alike" ... To turn aside the needy from judgment, and to take away the right from
the poor ofmy people, that widows may be their prey, and that they may rob thefatheriess! "
Isaiah is probably the best known, in part through his reflection as a major influence on the
writings of the New Testament. Indeed, some of the figures that are held as beacons in th\~
contribution of the Jewish community to American law, followed the same path, and may be
eerily relevant to our matter:
Justice Louis Brandeis - one of his best known contributions was the Brandeis Brief· claimed to be
the first brief in the United States that relied on analysis of factual data rather than pure legal theory to argue a case,
documented the negative health effects of employees long working hours.
Benjamin Cardozo - known best for opinions such as:
• Hynes v New York Central Railroad Company - about the Duty ofCare of a large corporation in
relationship to individuals who were trespassers!
• MacPherson v Buick Motor Co. - which expanded Duty in Negligence Actions and reddined the scope 01"
Corporate Liability
• Berkey v. Third Avenue Railway - which removed the veil of complex corporate structures with
subsidiaries._
1IIde~d, President Franklin Delano Roosevelt, seeing in Brandeis a model Justice, affectionately
nicknamed him "Isaiah ", and the metaphor of "Ciry upon a Hill" for ajust society, featured in
President Reagan's Farewell Address, goes back through the puritan Winthrop and the Sermon
on the Mount to Isaiah as well.
I therefore also approach Sandor Samuels in the Spirit of the upcoming Justice Ball, on July
28th, 2007, the annual fund-raiser for Bet Tzedek , a model Jewish institution in Los Angels. I
wish Mr Samuels and Bet Tzedek a successful Justice Ball, and I was happy to see the list of
illustrious sponsors. No doubt Mr Samuels' tenure as President had a lot to do with that. Jnll
you gather to celebrate the protection ofJustice in LA, while under your watch I am being
EX fl1 ~#3
rE~s.1i~~
8-407
j!C-
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 25 of 35
I am the yictim of Wire Fraud and Real Estate Fraud perpetrated by Maria McLaurin, Branch
Manager, Countrywide San Rafael, and her associates: Nivie Samaan and Victor Parks (none is a
Countrywide employee). Since November 2006 it appears that Att Mohammad Keshavarzi, of
Sheppard Mullin, is also a major figure in fabrication and coordination of fraud in this case
(presumably all protected under litigation privileges). Samaan's fraud attempts that I am
personally aware of now were initiated in September-October 2004, but I was not aware of
these, and had no understanding of any of the related complex areas of the law, banking, and real
estate until December 2006!
Attempted Mortgage Fraud against Countrywide - government backed mortgage lender. and
Attempted Fraud against Countrywide per se
These fraud attempts were initiated in relationship with the attempt by Nivie Samaan to obtain
mortgage loans from Countrywide, for the purchase of my residence, then listed for sale.
Countrywide is a government backed mortgage lender, and such mortgage applications were
based on the federally mandated and prescribed Uniform Loan Application (1003) (A tlqf:hmenl_
!1 ). Samaan's 1003's were fraudulent in almost any conceivable way (Attachment B ). To top it
off, that loan application involved also an attempt at fraud against Countrywide per se - by
allowing Samaan discounted fee of 0,75% for no reason at all. That application, and its
underwriting process involved a multiplicity of Violations ofRegulation B of the Federal
Reserve (Fair Credit) and California Fair Credit and Fair Housing laws and regulations,
primarily by Maria McLaurin (Attachment C). Not to outdo McLaurin, the scheme also involved
Wire Fraud by Nivie Samaan and Victor Parks. Fraud and Deceit against Zem.ik were a minor
part of the original scheme, but moved to center field when the original scheme failed.
As much later turned out, Samaan and Parks had an arrangement, whereby Parks, who at the
time apparently resided and operated from offices in the State of Washington, with corporate
offices (Pacific Mortgage Consultants) in northern California, not far from San Rafael. Parks
allowed Samaan and Lloyd to broker Samaan's loan with the San Rafael Wholesale Branch. To
facilitate this scheme, fax transmissions sent to the fax number that was provided to us for Parks,
with an area code in Washington State (across State lines) were automatically forwarded to
Samaan's fax machine in the Los Angeles, California, area. It also appears that fax transmissions
that we believed had come from Parks, in reality originated from Sam~l3n's fax machine in the
Los Angeles area. Please note that the elements of Wire Fraud, a Federal violation, include the
attempt at fraud, but do not require the actual success of the fraud attempt. And Wire Fraud
attempt against a financial institution may result in a prison sentenc·~ of up to 30 years (
Attachment D )!
Some of the early evidence of this scheme was presented in email notes from Michael Libow,
my realtor, on October 18 and 19,2004 (Attachment E). In these email notes, Libow rep<:atedly
demanded that Parks explain Libow's observations regarding phone number switch during fax
·communications, that Libow first observed on October 18,2004. Parks refused to respond. To
facilitate the deception, Samaan operated her fax machine(s) without phone line and sender
ldentifications, in violation of Federal law and FCC regulations. Samaan also communicated
through such lines on behalf of Victor Parks her loan documents to Countrywide, for the
purchase of my home. Such an arrangement could not work with out implicit, if not explicit
approval from the Wholesale Branch. The use of unidentified fax machine for loan origination
and support documentation is not only in violation of the law, but also contradicts Countrywide's
own regulations and policies regarding the use of fax machine. Countrywide, a giant
corporation, has been involved over the years in a number of litigations over the correct use of
lax machines, and certain FCC regulations were written explicitly in relationship to the use of
lax machincs by Countrywide. As such, Countrywide has developed specific corporate po.licies
. and instructions regarding the use of fax machines. Given all that, it appears incredible, that
review of Samaan's loan file, obtained through legal subpoena from Countrywidc, shows that
almost all the documents supporting the qualification of the Borrower, Samaan, and her
responses to Underwriting Decision/Condition Letters set by the duly assigned Underwriter-
Diane Frazie~, originated from an anonymous fax machine, with no phone line number, anclno
Fax cover sheet. It appears incredible that this worked, if We are to b,~lieve the loan file (
Attachmentfl listed such anonymous fax communications found in Countrywidc's loan file.
A few transmissions, also listed in Attachment F came from a machine cxplicitly identified as
Samann's V.ipellbound ). Our hypothesis, based on evidence not shown here, is that these
transmissions were all from an HP Laserjet fax/copier/printer, and Samaan routinely toggled the
s.ettings on the machine between two identities:
a) Anonymous - when communicating on behalf of Parks, as a Loan Broker, and
b) Spellbound - when communicating as herself
But she forgot at times to toggle the identities, and therefore, we find several transmissions that
were intended to be from Parks, but carry the fax imprint Spellbound, and a number of
transmissions by Samaan as Samaan, with fax imprint Anonymous.
Of particular interest is the fact that one of the documents faxed with lhe imprint Spellbound.
dated October 22, 2004, was a corrupt, invalid Purchase Agreement and Joint Escrow
Instructions , the key document governing the whole transaction. Abo of interest regarding that
transmission is the fact that it apparently did include a page I, that is missing from the document
as presented in the Loan File in response to subpoena. We believe that in this case there was
indeed a fax cover sheet possibly including incriminating information. Therefore, this page was
eliminated from Countrywide's subpoena production in violation of the law. Countrywide's
sophisticated fax systems allow recovery of this missing document even whem the paper copy
was destroyed, and I expect Countrywide to do just that.
LX..
C
1/11 N~
~._.LLLJIhib~~--
/.-1 -7
B-409
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 27 of 35
Of patticular interest is also the fact that in anonymous transmission dated October 4,2004, the
document titled Broker and Borrower Document Certification bears the signature of Samaan,
but is missing the signature of both Parks, as Broker, and signature for Acknowledgement f1y
Authorized Employee (Attachment F). In contrast, the next page, Mortgage Loan Origination
Agreemelll, bears both Samaan's and Parks' signatures. But the Parks' signature here, and
elsewhere in the loan file bears no resemblance to his signature on court declarations, and is
likely not to be by his own hand (Attachment F)
Broker Document Certification is a key document in the loan file. The lender has no control of
the documents prior to arrival, and a valid Broker Document Certification provides at least
some limited guarantee for the integrity of the documents presented to the Underwriter. Diane
Frazier surely noticed such deficiencies and others that raised concerns for mortgage fraud.
Therefore, she included in the Underwriting Decision/Condition Letter of October 14, 2004, as
a condition, to be satisfied prior to loan approval - the receipt of signed Broker Document
Certification. But such signed Broker Document Certification was never received, and is still
missing in the Loan File. Maria McLaurin, after assuming underwriter authority 011 October 25,
2004, deferred this condition in violation of Countrywide's own regulations (below).
The facts regarding wire fraud can be corroborated by Michael Libow, my realtor, and by Joshua
Allen Mailman, designated as my Expert Witness in this case (Attachment G ).
Ongoing Real Estate .Fraud bv Samaan, Parks, and McLuarin against Zemik
I. Fraudulent Inducement
I was not likely to accept Samaan's offer to purchase my residence in 2004. In fact, I first
n:sponded to another offer. I considered a realtor representing herself as a higher risk offer, it
lacked qualification of the buyer by an arm's length neutral party. I also communicated that to
my realtor, and within a few days I was presented with an excellent Prequalification Letter on
Pacific Mortgage Consultants letter head, transmitted by fax, and signed by Victor Parks. Such
a Prequalification Letter is also required by the standard Purchase Agreement that was used in
this transaction. Two and a half years later, when I compared the signature on that letter with
signatures of Parks on his court declarations, I realized that there was no thread of semblance
between them.
The content of that Prequalification Letter had no ·base in reality, and the letter was not based
on a written loan application as required in the standard California Residential Purchase
Agreement and Joint Escrow Instructions, which Samaan signed to produce a valid offer to
purchase the house.
Who wrote and signed that letter? On what basis? I don't know.
Additional evidence for Fraudulent Inducement included the fact that Samaan listed in one fax
communication a stock account that she would liquidated to make the initial payment. No such
account ever existed, as she admitted in deposition. In another fax she related that she was a real
estate salesperson who closes a few deals a year. We later learnt that she had never participated
in any real estate transaction whatsoever.
EX >
8~3 I-I~
EJifs\/ollTnietr"-
B-410
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 28 of 35
In addition, Samaan was listed in loan applications as a President and Sole Owner of a
corporation - Spellbound Enterprise, Inc, for at least 4 year, with no other employment, and
with income of $400,000 per year from that corporation. Such claims are far fetched. The
corporation was established less than a year earlier, and according to its web page, engaged in
web retail sales of psychic and occult consumer products - "The Supernatural Superstore" -
provided Tarot cards, divining objects, anointment oils, and crystal balls.
The Underwriting process at Countrywide starts' with Phase 1. There is one document that is
dearly, unmistakenly absolutely necessary at this point - a valid, complete Uniform Residential
Loan Application (1003), There is no way that any underwriter could credit determinations of
any applicant without a 1003, moreover, it is required by Regulation B . The 1003, combined
with: Countrywide's proprietary Landmfe Report, and an additional Credit Report issued by the
Loan Broker (in Samaan's case it was Coast Credit) , are then processed via the proprietary
Clues Expert System to generate the Clues Report.
As it turned out, the compound fraud (funding of an unworthy applica.nt, and issuing same a
substantially discounted mortgage loan) was not as easy to pull off as the perpetrators assumed.
The local branch Senior Underwriter - Diane Frazier - repeatedly refused to issue credit
determinations based on invalid Uniform Residential Loan Application 1003 showing major
violations of loan program rules. And the Clues Expert System was similarly uncooperative - it
issued a "REFER" determination (Attachment H). Frazier later lost her job, in part as a result of
her conflict with McLaurin relative to Samaan's loans.
Not being able to issue a credti determination, Frazier, then issued an Underwriting
Decision/Condition Letter, dated October 14,2004, and bearing her hand signature (Attachment
I). In it she made it clear that Samaan' Loan Application was temporarily suspended, and
Samaan had 10 days to provide new Loan Applications (1003) and other documents. The
conditions as listed by Frazier on 10/14/04 for initial approval are listed below, followed by
Samaan response, in Italics :
1) Acceptable explanation for discrepancies in employment address and phone information .-
Samaan never complied with this condition, since her selfemployment was in fact a
fabrication
2) Approval by Corporate Underwriting Office, once a new set of triplicate copies of 1003 with
the 0.75% fees are provided by Samaan
The handling ofthis through Exception Request to Demetrio Gadi is described below
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 29 of 35
The list above shows that out of 7 conditions for Initial Approval defined by Frazie:r on 10114/04,
and which Gadi instructed McLaurin to uphold, Samaan would never comply with 4 until the
day the applications died through Denial by Countrywide and Withdrawal by Samaan - January
27,2005!
In discussing the Underwriting Letter of October 14,2004, one must realize that it is
misrepresented by both Samaan and Countrywide's Legal Department as the first underwriting
review of this application after its only submission. In 1act, the adulterated Date Received
stamps show that there was another submission, and the duly assigned underwriter - Diane
Frazier indeed confirmed that fact. The Loan Applications were first received in San Rafael
around October 1-2,2004. There was an earlier underwriting review of the application, and a
requirement was set forth for resubmission of valid 1003's. But in mockery of both
Underwriting and Regulation B , the response was to produce an instant resubmission within
San Rafael - take the old 1003's, cross out the Date Received stamps, imprint new Date
Received without correcting any of the data, and re-scan them as a new application on October
12,2004!
Why is the Legal Department trying to cover this up, when the Loan File clearly shows the
opposite despite their sincere efforts? I can guess.
McLaurin then tried to bypass the local underwriter. She waited until October 25, 2004. Once
tbe loan was technically closed, she usurped Underwriter's authority, n~vived the application, and
in violation of Underwriting Conditions issued a referral to Division Underwriting Support -
Demetrio Gadi - for an Exception Request (Attachment J) . That request was an additional
violation of Regulation B:
- it was presented with neither valid 1003 's nor valid Clues Report
- the annual income figure included in it was 10-fold inflated -- from the fictional $400,000 in
the 1003's to $4,000,000!
- ,:;redit determinations included in the request were simply made up, with no basis in sound
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 30 of 35
underwriting principles.
(Jadi was most likely informed by Frazier of McLaurin's chicanery well in advance. Careful
rl;:ading of his "Approval" communication shows that he really did not approve any exce plion at
~ll· The borrower was to add the 0.75%, as previously determined by Frazier, and the borrower
was required to produce new, valid 1003s. Moreover, Gadi reenforced the authority of the local
branch underwriter and determined that the Branch Manager must abide by all conditions and
decisions previously stipulated by Diane Frazier. Moreover, he added new conditions that would
make it practically impossible for McLaurin to get that fraudulent application funded:
• A new Clues Report was to be issued prior to funding
• All documents had to be reviewed by a branch underwriter prior to funding following
Countrywide document quAlity assurance procedure.
• McLaurin to issue a non-delegated Mortgage Insurance at cost to branch, and
demonstrate a certificate in the file prior to funding.
In fact this Approval by Gadi, reads as a resounding vote of no confidence in the personal
integrity and professional judgement of McLaurin.
I had no knowledge of any of that in 2004, as the seller in the underlying real estate transaction.
But both I and my realtor were getting increasingly alarmed by what appeared as repeated
instances of dishonest dealing or worse and by Samaan's failure to perform. I was also waiting
for Samaan to remove her contingencies prior to making a large deposit on my next dwelling.
But Samaan failed to remove the contingencies, and I subsequently lost the dwelling that I had
chosen as next for me and my family.
By that time, the typical California real estate transaction, with its measured dynamic method of
contingencies, intended to equitably distribute the risks and liabilities as the transaction moves
along from Acceptance to Closing, was turned upside down. It was c1c~ar that the buyer would
not be able to close on schedule, but if I waited any longer, she could force me to close at any
time in the future, at will, regardless of whether or not I had secured all alternative dwelling.
And she could also cancel without an significant liability to herself, since she still had not
removed her last two contingencies (Loan and Appraisal).
Therefore, I issued a Notice to Buyer to Perform. In response, I received a letter from buyer in
which she explicitly refused to remove the last contingency (Appraisal), without any
justification. And Parks, the purported Loan Broker, was feeding false information to my realtor
at the same time. From October 14 to October 18,2004, he never informed Libow, my realtor,
even once of any problem related to the Purchase Agreement. On the contrary, on October 18,
2004 he was communicating that Samaan's Loan was approved, the only remaining condition
bdng Appraisal Review. Neither couldn't be further than the truth - Samaan's loan was
temporarily suspended pending receipt of valid 1003's. But Samaan would never submit valid
1003's! And on October 19, 2004, Parks informed Libow that Review Appraisal would be "in by
Friday", (that was Oct 22, 2004), when in effect, it would be almost a week before Maria
McLaurin would first take over underwriting and order Appraisal Review - in violation of
Underwriting Conditions.
Indeed, Samaan already had in her hand an appraisal that came in at sales price, and lacked any
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 31 of 35
loan approval. But in response to the Notice to Perform, she removed the Loan Contingency,
and refused to remove the Appraisal Contingency. Her actions in this regard, and even more so
- the justification she provided in a letter, appeared as yet another dishonest dealing, which in
retrospect they surely were. I then acted within my absolute right and issued Instruction to
Cancel Escrow .
In short - the loan file indicates the following double history by the time it was produced in
response to a legal subpoena. Needless to say, creating false loan hist,)ry is another violation of
Regulation B :
Date True History Revised Hist.2.!:Y..
I) October 1-2 ? - First submission - October 1-2, 2004? Records eliminated, stamps crossed
out
2) Early October - Underwriting communication requires resubmission of valid 1003's
Records mostly eliminated
3) October 12 - Mock resubmission Now presented as the only Date
Received
4) October 14- 1st Underwriting Letter Prior Underwriting documents mostly
eliminated
5) October 14-25 Ten days allowed to correct 1003's etc Samaan again refused to resubmit
valid 1003's
5) October 25-29 McLaurin attempted Exception Request
6) October 29 2nd Underwriting Letter - Conditional Approval
Original Approval Conditions stiU not
complied with
6) November 3 3rd Underwriting Letter - Conditional Approval
Original Approval Conditions still not
complied with
7) Jan 27, 200S! Denial of the 2nd lien loan by Countrywide Samaan tried last minute
Withdrawal to avoid Denial
These events in 2004 may appear to some as solely an attempt at fraud against Countrywide,
facilitated by a Countrywide Branch Manager. But in etIect, the Purchase Agreement stipulated
that buyer "shall act diligently and in good faith to obtain designated loans ". Therefore, the
fraud was also against the me, as seller. I wanted to sell my house and move in 2004, my life has
been since disrupted, and I am under constant extortion by Samaan as a direct result of that fraud
attempt against Countrywide.
From October 2004 to October 2005, Samaao issued various threats, but waited a year, and when
real estate continued to appreciate, she filed suit for Specific Performance in October 2005, and
immediately placed an abusive Lis Pendens on the property as well. I was instantly left without
any control of my own property, my own finances, no access to my own equity even to finance
my own legal defense against a malicious prosecution, and with no control of my own time of
day for that matter, with frequent court appearances and rolling Ex Patte threats that are
deliberately aimed to harass. I am not able to sell, not even to enter a long term lease, and surely
not to refinance at a time of concerns over swinging interest rates. By now, the property has
appreciated over 30%, but Samaao is demanding to obtain it in a 2004 price! And in between, I
had to defend myself against a malicious prosecution that has completely disrupted my Ii fe.
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 32 of 35
[n November of2006 1 filed a Motion for Expunge of Lis Pendens But in what was probably
the most stunning episode in this whole tale of fraud, Samaan's husband and her counsel,
Mohammad Keshavarzi, companions in fraud under Sheppard and Mullin name, were allowed
to produce, in what was at best an abuse of discretion, a new set of documents, never produced in
a prior subpoena in an Ex Parte Sur Reply. These documents included:
l) a new Underwriting Letter, dated October 26, 2004, never produ.:ed by either Countrywide or
Samaan
2) a new letter from McLaurin, endorsing the new Underwriting Lelkr, and misinterpreting it for
the judge.
3) a new copy of the Purchase Agreement and Joint Escrow Instructions, never seen be lore,
never earlit:r produced by either Countrywide or Samaan
4) a new declaration by Parks
5) a new declaration by Keshavarzi
And a whole new history was made up for the loan approval process:
1) October 14,2004 - Samaan's loan application was suspended because of missing initial(s) or
signature of seller on the Purchase Agreement
Which one? it was never specified
2) October 22, 2004 - Samaan asked Mara Escrow for a copy of the ."lurchase Agreement, but
received by fax a copy missing my signature and initials
That was afabrication, Mara Escrow faxed Samaan /they thought they were
(axing Parks) a copy bearing my signature and initials.
3) After October 22,2004 - Zernik signed the Purchase Agreement only after October 22, 2004 -
That was another fabrication. The copy ofthe Purch1se Agreement. fonvarded
by Samaan on October 25, 2004 (it came with afax cover sheet ident~fied as Parks) shows my
signature and initials, a fax header imprints show that it is the copy filat was faxedfrom ,"1ara
Escrow on October 22, 2004.
3) It was Zernik who prevented Samaan's loan from being funded by denying her that
initial/signature.
That was of course another fabrication. If one is to name three reasons Sarnaan's
loan were suspended 1 would lists: a) missing valid 1003's, b) missing documentation of funds
and bank accounts, and c) conflicting Residence and Employment daLl the flagged Samaan as a
potential fraud case by both the Clues Report and the manual Uniform Underwriting
Transmittal form.
It is sutlicient to read the correspondence between Libow, my realtor, and Parks, Samaan's Loan
Broker on October 18-19, 2004 (Attachment E ) to see that this fabrication had no base in reality.
Parks, in all communications with Libow, never asked for such initial~; or signature. And Mara
Escrow did fax Parks a valid copy upon his request on October 22,2004, but Parks failed to
provide it to Countrywide until October 25, 2004, all well after I cancded escrow.
I :first came to realize that something awfully wrong was going on in November 2006. After a
few months of intensive learning and investigation, I finally realized that all five documents
listed above, introduced by Keshavarzi and Sheppard Mullin in Novcnber 2006, and some
others filed in that hearing as well, were all products of fraud, a full cc,llaboration between
r=
Ci( vrt __Exilbit~Q~~-
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B-415
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 33 of 35
Samaan, Parks, McLaurin, and Keshavarzi. Keshavarzi, Samaan's attorney, described such
allegations as "conspiracy theory".
But I repeatedly demanded that Countywide explain how suddenly, in November 2006, a new
Underwriting Letter appeared for a real estate transaction in 2004, after it had been consistently
missing from the Loan File in four (4) repeated subpoenas! And Countrywide eventually
produced in mid April 2007 a series of documents recording Procurt'ment ofPerjury including
the newly emerged Underwriting Letter and McLaurin's letter that introduced it to court (
{.4ttachment K). With that production, the Legal Department repeatedly claimed, and stated in
writing as well, that all documents related to Samaan v Zemik were produced. Now we are 2-3
months later, and it was obviously a deceptive claim,
But the Underwriting Letter of October 26, 2004, newly emerged, was not a valid Underwriting
Letter at all. It did not reflect the true loan underwriting process as of October 26, 2004, and it
did not say anything about suspension on October 14, 2004, as a resu It of missing Zemik's
initials or signatures as claimed by Samaan in court. Yet the Legal Department has consistently
refused to provide any statement to counteract the harm done by Mclaurin's fraud, while
McLuarin appears in court as a spokesperson for Countrywide. Instead, the Legal Department
has repeatedly hid behind the irrelevant and false claim that it had complied with its response to
a legal subpoena, and with it appeared that it had considered it fulfilled its obligations.
And then by June 2007, I discovered that already in early April 2007, in response to
investigation by a Federal agency, Countrywide had engage in correspondence that contradicted
McLaurin's claims in court. Countrywide claimed that Samaan's loan would never would have
been funded, regardless of seller's cancellation! Those documents were omitted from production
in violation of the law.
At present, it appears that if allowed to continue, this case will surely bring me to bankruptcy -- a
case that represents everything what Bet Tzedek 's mission is to prevelt - real estate fraud
pe:rpetrated against a lawful owner by professional crooks. A Countrywide Branch Manager,
which I have never met in my life, and with no discernable reason, ha~ been trying to harm me
by enabling and facilitating fraud by Samaan and Parks against seller, which by now totals
hundreds of thousands of dollars. Together they have scuttled my Iifc~ plans, and are threatening
to drive me to bankruptcy. I have already been forced to open retireml~nt plans to finance my
defence in a malicious litigation where McLaurin is obviously an accomplice, and Countrywide's
Legal Depanment's role is still to be determined.
Attomeys for the Legal Department clearly show no interest in the fae1 that a Branch Manager
attempted fraud against the bank. In fact attorneys for the Legal DepaItment have been trying to
cover it up by producing partial responses to subpoenas, and at times making deliberately false
representations to the fraud victim. In their most recent email (below), all that was denied. But
in the very same email note was the statement that first made me awan: that Countrywide
Case 05-90374 Document 260-11 Filed in TXSB on 05/08/09 Page 34 of 35
{:ngaged in an internal investigation that found my allegations "without merit", which had never
been produced in four (4) subpoena productions!
That fact alone shows that my allegations were not "without merit ". For one, I have deciphered
most of the documents in the loan file, and otherwise, months ago I managed to get hold of the
local branch underwriter, Diane Frazier. She confinned my concerns, and provided me with
invaluable data in understanding some orthe missing links. She also provided me with general
infonnation regarding loan underwriting in the San Rafael Wholesale Branch around 2004, that
allowed me (combined with some estimates from elsewhere) to make some estimates of the
scope of fraud conducted in that branch.
Of interest, when I last tried to call Frazier, a man answered the phon(:, who warned me thall J
must never call her again, since she promised Countrywide never to udk about these issues. If
ever called her again, hc promised to "come down to LA and gun you down". We
subsequently tried to serve Frazicr with subpoena for deposition, but it vanished, had abandoned
her residence within days after my last phone call with her, nowhere tJ be found. 1n our lasl
phone call she doubted that anybody "could bring Maria McLaurin down. "
In subpoenas and Meet and Confer I have repeatedly asked for any lnternal Audit, External
Audit, Security or Imaging Reports, or data independcntly gathered from Pipeline Reports for
the relevant months, to corroborate the data in the Loan File. The Loan File, as produced by the
Legal Depaltment, was obviously intended to deceive. Thcre was no way to construct a
coherent, internally consistent underwriting process out of the material in the Loan File as
produced. And despite the intense effort to eradicate conflicting evicknce, it still shows that
Samaan's loans were submitted and reviewed prior to October 12, 2004. But attorneys for the
Legal Depattment repeatedly engaged in deceit, claiming that I was asking for records that were
"non-existent". That claim was repeated even in the recent note .... la~.t week (see below).
None of the extensive email correspondence related to this loan file was ever produced. Such
email correspondence would surely provide much of the missing information. McLaurin herself
explained to me by phone on Dccember 2006, that she had been persoaally involved in preparing
the original subpoena response, and that she had concluded that Countrywide was not obliged to
produce such digital records in response to legal subpoenas. Instead, Countrywide repeatedly
produced an invalid empty paper fonn titled "Conversation Logs, San Rafael Branch ". Already
months ago, Diane Frazier infonned me that such paper fonns have never been used in San
Rafael at least as far back as 1989, the year she started working there.
It is also obvious that critical fax cover sheets or transmittal letters Wi~J"e consistently eliminated
from the loan file. The reason, most likely is that they would have shewn that whic:h is obvious -
that Samaan brokered her own loan with the Wholesale Branch, in defiance of the law and
Countrywidt: regulations. I know enough about Countrywide's system~; and practices by now,
and some of the history of Countrywide's litigation history in relati,) ~ship to the use of fax
machines. There are even specific federal regulations authored in response to problems arising
from Countrywide's fax machine practicers. Therefore, it is obviou:; that by 2004 Countrywide
was using sophisticated fax machines that would allow retrieval of any lost paper copies from
transmissions. And Countrywide staff was supposedly trained in FCC regulations, and security
regulations as well, not to accept loan documents arriving from an anonymous machine, with no
phone line listed, and with no fax cover sheet. And if that was indeed the case - then there
should have been an Internal Audit report reviewing these instances.
The buyer, who in 2004 had a check for a $15,000 deposit bounce twice for NSF, has now spent
by some estimates around $200,000 on legal fees. And strangely enough, attorney Keshavarzi
seems particularly interested in protecting McLaurin, the Branch Manager, who is not even their
client. In return, the Branch Manager supplied buyer with fraudulen1 claims, fraudulent bank
documents, and made statements and declarations in court that form l:he foundation of this
malicious prosecution.
The damage caused to me by this malicious and illegal conduct ofI\kLaurin is enormous, and is
c:ompounde:d by the day.
I sent last week a couple of email requests to Mr Mozilo and Mr Samuels marked "Urgent", and
"Personal". I have never heard back from either of you. Instead, I am got a recycled obfuscating
response from the same Legal Department attorney who has been de:ceiving me for almost a year
now, claiming that Countrywide complied in fuJI with Legal Subpoenas, etc. It is the same
attorney who used a claim of pious observance of the Jewish holiday of Passover to avoid
showing up in Court to defend his position. As a father who raised his children in the Jewish
folith, I found that particularly offensive and despicable.
In a previous letter I have reduced my request to a declaration of nine words by an officer of the
corporation., a repeat of the statement that I was informed by Thrift Supervisors (Federal
Banking Regulators) was used by Countrywide to fend off investigati)n into this issue:
Samaan'sfirst lien/oall would never have been funded . In response I got a refusal by the same
attorney.
I would still like to believe that I would get a positive response if you knew the facts in this
matter, which were therefore provided here for your review in rather great detail. I still believe
that those who would be hosting the Justice Ball later this month, ce.ebrating with many in the
law community, would not allow this to stand.
Following arc some examples of statements (in quotes) from offcnding filings that resulted
from this fraudulent Countrywide document, followed by my statements describing the
truc facts in this matter:
a) Plaintiff, through her Attorney of Record, in the Sur-Reply Briefp7, referring to Opposition
Exhibit #24, stated:
"The following week, on Friday, October 15, Parks learned that the lender was suspending a
decision on the loan because defendant had not yet provided Parks with a signed Purchase
Agreement (Parks Decl ~ 11, Exh 24)"
This statement is repeated numerous times, but it is false and deliberately misleading. Exhibit
#24 is an invalid, false and misleading document.
b) Victor Parks in his declaration in the Opposition to the Motion (Exhibit #100), p5 states:
" II. The following week, on Friday, October IS, 1 learned that the lender, Countrywide \vas
suspending a decision on the loan because Zernik had not yet sent me the fully executed
Purchase Agreement. Attached hereto as Exhibit 24 is a true and correct copy of Countrywide's
notice which states the reason for the suspension."
The document presented in Exhibit #24 is an invalid and inadmissibll~ document. Att
Keshavarzi tried to get it authenticated by Maria McLaurin, Bank Ma lager in Countrywide (
Exhibit #105). She refused to do so (Exhibit #105), yet he included:his document once in the
Opposition, Exhibit #24, and again in the Sur-Reply, Exhibit #28.
This document was never included by Countrywide in subpoenas as part of the Underwriting
Decision/Condition Letters. It was not part of Countrywide's Loan Fie.
This document was created on October 26, 2004, and not on October 15 or earlier, as implied
h'~re.
This document never stated the reason for the suspension as claimed in the previous sentence of
Parks' declaration.
The claim in Paragraph 11, and Exhibit #24 are false and deliberately misleading.
d) Plaintiff, through her Attorney of Record, in the Sur-Reply Bril~:p3, and Exhibit #28,
stated:
"Second, to remove any doubt that Countrywide suspended Samaan's loan because it had not
yt:t received a signed Purchase Agreement, attached hereto is Exhibit 28 to the Supplemental
Declaration of Victor Parks. Exhibit 28 is a letter from Countryside to Victor Park, dated
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 2 of 35
November 6, 2006, confirming that Countrywide did, in fact, cancel Ms Samaan's loan because
defendant had not yet provided her with a fully executed Purchase A 5reement."
This statement is lacking any valid evidence. This statement is false and misleading.
This fraudulent Underwriting document, together with Maria McLaurin's contributions have
since become the corner stone of this malicious fraudulent prosecution. They are now featured
prominently in an incredible MotiOll/or Summary Judgement, pending hearing in a few· weeks.
Mr Samuels and 1'11' Mozilo, you have been provided by now with sufficient materials to
figure out the situation. If you need any additional documents, please let me know
immediately. Lack of action by you would surely permit further rraud. This perversion
and subver'sion of justice has proceeded uninterrupted for month~ in the Courthouse in
Santa Monica! It is time to bring it to an end.
1'11' Samuels and Mr Mozilo, I call upon you to uphold your personal duties to safeguard
the integrity of operations of Countrywide, and immediately stoll this illegal conduct by
McLaurin and do all that is nccessary to ensure that I am proteckd from any continuation
of this malicious, harassing prosecution, to the degree that it is reliant on Countrywid(~
employee, Maria McLaurin.
Given Mr Samuels position in Bet Tzedek ,I call upon you to respond to the simple
questions below, so that I may remove this abomination from the' Jl.A Superior Courthouse
pdor to the Justice Ball !
1) Was this document a valid true and correct Countrywide Underwrhing Letter?
2) Was this letter dated October 14, 2004, as was represented in Court?
C)\ __ tf)!I-'~5f
1:""".' _~_ti<>t~~' - - -
Exhibits Volume B
B-420
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 3 of 35
3) Could this letter possibly be transmitted to a Loan Applicant and/or her Loan Broker in its
current form on or about October 14 or on or about October 15 200·(? Or for that matter - on
or about any day prior to October 26, 2004?
5) Isn't the person issuing such a letter required to hand-sign such a letter following
Countrywide's own manual for faxing Underwriting Letters?
6) Did Diane Frazier hold true Authorityfor underwriting Samoan's loan on October 26, 2004?
7) Did Maria McLaurin hold true Authorityfor underwriting this Samoan's loan on October 26,
2004?
Joseph Zemik
* Countrywide here denotes CFC, Inc. and/or any and all of its subsic iaries and aniliates
cc:
Rabbi Jonathan Bernhard
The Honorable R William Schoettler
Rabbi Joseph Shusterman
Others in the legal and Jewish community in Los Angeles.
Attached:
Notice #3
Exhibits Volume B
B-422
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 5 of 35
Todd To
BoockiAttorney/LegaVCF/CCI
ee
07/05/200707:26 AM
bee
Subject Fw: PLEASE ASK SANDOR SAMUELS TO STOP REAL
ESTATE FRAUD
END
H~r Eo is thE< suspe,s" 1 sS'Jed by C:Our. tryw id~. Again, we j '.15 t need a Sea :emer.' ',::
qu::cieline showinG -:nat :.he E'ully Exec'..:ted Purcha.se Agre'~'t\eI1t IS (':G'.li,red,. I
C8unt!"Yr1~de tor ~i:-,c.l Loa" Approval.
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Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 8 of 35
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Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 10 of 35
)O a
"Moe Keshavarzi"
To maria_mclaurin@counlrywide.com
<MKeshavarzi@sheppardmull
in.com> cc
11106/2006 03:22 PM bee
Subject Samaan letter
Mana,
Attached please find the declaration and letter. I would really appreciate ycur heip, as we are only aSf:lng
tor the document to be authenticated If y'JU have any questions please let rne know. If il is acceptable to
you please sign and fax it to 213-443-2910. Thanks again.
«DOC. PDF»
Moe Kesr:avarzi, Esq.
Sheppard Mullin Richter & Hampton. LLP
333 South Hope Street, 48th Floor
Los Angeles, CA 90011·1448
Direct Line: 213-617-5544
Fax' 213-443-2910
Email: ml:eshavarzi@sheppardmullin.com
This meE~sage is Dent by a law firm and may contain infOJ.'11atlon tlwt is
privile~led or confiden~ial. l~ you received this/transmu;sion in error, r- 1"a:;e
notify the sender by reply e-mail and delete the message and any atcachrr.en'::s
Sbepparc., Mullin. Richter I< Hampton LLP
~~
EJ( -il_._9:1!~i2-,-
, No c '"'" .
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8-428
Case 05-90374 Document
_ _ ~. __ ~_,~....
260-12 Filed in TXSB on 05/08/09
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Page 11
_ _I!I.I
of 35
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DECLARATIOl\i OF MARIA McLAUR[\'
_: j I, Maria McLaurin, state and declare as foI:iows:
i
3
11
4 r 1. I ,am the br;incn manager for the Sap. Rafael b:anc:h of Co m:r:f\vi:1e
5\ Home Loans, Inc., the branch that processed Ms. Samaan's 10an (1(,ar: number 811:;73 75).
6 I,lin or around Octobe;- 14, 2·)04, CountrYwide suspended Ivls. Sama:tr'; loan h:::aus::
J
7 i Countrywide had not yet re.ceived a copy of the fully executed purcbase agree;nellt
si\, Attached hereto as Exhibit 30 is a true and correct copy oftl-:e lette:~ ::hat Couot:'ywide .;ent
9 \, to Ms. Samaan's broker, Vi~tor Parks.
il
10 1\
1I II TOd"e un cler penalty or pequry under the In.'S of t}, eState of Cahfomi,
1~ ,I That the foregomg IS true and correct.
13 I
28
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Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 12 of 35
MESSAGE: If you :<my questiollS, please call me.
NOTe: ItM...~g$SAG~IS INTENDED Oi'!lY FOR THE VSE_ 01' iH," INDIVlDUt>,l. OR E'ffiTY TQ WHICH IT 'S ~l)DRES:;ED, Ahilb;rcom~
lNEQRMATN)N THAT IS PRIVIlEGED, COI'JFIDcl\fTlAl ANO [;2g;;~PT £B.Q~LQlSCLOSVRE UNDER APPU~BL~"!&y. IF TH~ .;,< OJ· lHIS
MESSA131:: IS Nor TI-lE I~NDnJ !t~If>I"NT, OR rHlO: BnPLCY1~ OR AGENT R8;PONSIBL:: FOR DE1..IVER,NG THe M~~;~G!: T·:> THE 1,"1'FNtlED
RECIPIENT. YOU ARE IiEl'tEllY NOTIFIED THAT .-.NY DlSSEMNATIOr-l, OI!';TRIBUTION ml COPYING OF TrUS COJ,lMI,INICAllON IS .ifNICTLY
PRQHIB!1l:0, IF YOU HAVE RE;CEI\IED THI~ COMMVNlCA1l0N IN ERROR, PLEASE NOTIFY us IMMEDJATELY BY TELEF'HO~ A~ RDUR~j ':HE
QRIOIIIW.IlAESSAGF TO us AT nlE ABOVE ADDRESS VlA THE; I).:;. POSTAl.. SER\o1C!;, HWJK YOU.
EX _.-A2__.. PG .~.~~Z.-
Notice #3
Exhibits Volume 8
8-430
-
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 13 of 35
~~an~~ ., 000093)
'150 ~NP""'O Sn>.SE"l ~!: 110
S1IN R1\FlII;;L, CA 901'll
PhMl.; (415'257-2701·
fi...· _ Fo><~ _
If yOU hew qlJ9Dllone about Ihl.letter, p1_. c><>t>bocl u~ ..~ ti-.. ~Ilone nlJt1ll>e:: /'lO0"'"
·Loen numbe. 81737375 hae be~ ~.vi... ~j a~ cne fD~.owinq ~e~.s fo~ ~rVT~ llA~:
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=~=========~=====':;_==;'=='=""''''''''''':U''''W =
Filed in TXSB on 05/08/09
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<1" ~QUr c.lQ~bJg '1.D.trvdd.•Orll s
'.J"'k,an)(. you tox. P\l\;r.\.'i.tUf'lg' your lOAn (~~n.I:.ryvirlt'1 ~~r~c~·. Wh,a)leab.l.oc ~odc::xl \t .. 1.the-r..ly ~(d.0C;..i.... t.1\
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06310~7021 3
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 15 of 35
, '------- -----l
~ Countrywide~"1
750 Undaro
Suite 110
San Rafael, CA 94901
Fax
_ I'd\
~~ 0 e t<' e$V1ttV t<J_'Z-t'_ _
I
Fro_m: Maria McLaurin, Branch Managel'
------------
• Comments:
J-t?
Confidentiality Notice: The information contained in and transmitted with thiS communication is stric'I:'
confidential, is intended only for the L'!;e of the intended recipient and is the property of:ountrywide
Financial Corporation or its affiliates anc! SUbsidiaries, If you are not the intended rec:plent yell are
hereby notified that any use of the iniormation contained in or transmitted with the communication or
disseminatIOn. distribution. or copying of this communication is strictly prohibITed by law. )f you haVE:
received this communication ;n error, plt,ase immediately notify ttle sender by email or te!ephone anc
delete the original message or any copy of it in your possession. Thank You,
8-433
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 16 of 35
~counU,Jv,n
m 10M,.. -dl e''
AMERICA'S 'NHOLESAU: .EI'UlER
C.E:-JTE·'
S.'\CJ RAF .... E .• CORPOB A"-'
750 Lf.'H'Ano -5TRE.ZT. ;';'.Wlo JIG
SA~J RAFAE·. C"'L.l~OR'HA "4901
November 6, 2006
Victor Parks
Pacific Mortgage Consultants
Mr. Parks,
This is to confirm that Countr)'\'~.de Home Loans processed the above referenced
mortgage application on or arollnu October 14, 2004. The loan was Suspended pcndirr
receipt of a copy of the fully executed purchase agreement. Atlached is a copy of the
letter issued by Countrywide Horne Loans.
Thank You,
jIlL 11~-X~~_..
Maria McLaurin
Branch Manager
~) N~~ T] I
EX --t:::.r-,-·--EJhibli.;tItMlJBl-__
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B-434
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 17 of 35
lll':anclt ,: 0000933
750 Lt~Ol\.RO s-:rroE:l sn 11 0
Sl\N RlIFAEL, C7\ 94901
Phon", IHSl257-2'701
r""1IX: Qmbf F8,,)l;t';
II yOU hftV8 Questions about thls \ellOr, plO.UKI =ntad U!J at th" phoTl<O nUlllber above.
Loan number 01737373 heo bf,en revill"ed at: the follol.'inq terroa for NII1!£ S.u.tlV\Il,
CClI:'P ApprQ"J.al req'd tor t.h1 .. "!tnh.a110Cld progr.un ~I • is' "dded toO
f~ , .ny eondlt.1.ons, prov.iu. .. cClnIpl"t.. c;opy ~ekaqf'l .10D9 "'.11;."'1.
a~l. concUtion~ 1n trlpl.iOotlte-
Pr.icln9 r.o b. eorr-ectltd to she~ . "f.$ __ &4(1 ~i,) tlt:"e" tor ~1:;. -en.h8,t1oed
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Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 18 of 35
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W.. )1111 b<e ..bIe teo fund you:r lo.a.,. -wh:-n t.h. !ollo'lol'il"9 conditicI"':J tlirot: ~t It::he:~e ;lt~m.) wlll _1"-0 ollppc~.=
t'>/i your clo.t:..Ln9 .in:tlt:euct ior.Q) :
nur.nk )'au for lIv-mitti.nq YOq: 1041\ '.:0 c.,unuY'-'idc, ;\rIc=icn's Whl)}ea.ele Lend<::t ~ W_ sinc",rfoly ap'Proci.lol.~:g
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Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 19 of 35
Notice #3
Exhibits Volume B
B-437
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 20 of 35
Todd To
BoockiAttomey/legallCF/CCI
cc
07/05/200707:32 AM
bcc
Subject Fw: PLEASE ASK SANDOR SAMUE l S TO STOP f~EII._
ESTATE FR~.UD
B-438
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 21 of 35
END
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B-439
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 22 of 35
VI 11/03/200603:21 PM
co
bee
SUDJeet Sarnaan Suspense from Countrywioe
n',aok you
~
iItlar.red1 PDF
EX ___~~.o,__N~G _._ZL
.. Exhibits Volume B
B-440
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Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 23 of 35
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thi.s ;\.nformatipn by 10/25/2004. If" ... ~ do not. re;;eivc .1.t by t:1iit dat.e, we nau.."S,: clo.'!-~ ":he f:.le
for inoct'llpleten'C:!~:J. Wh<f:,r. 'We l·ec~:.ve the i.nfO~tlt:'on, Wf; ffil.l review t.he file ~o:: ftlrther:-
deterl:tinat:10:l.
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Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 24 of 35
~ lI1.1l be able to fune Y01Jr lo.a. n linen t. ~ follo"'in9 ::ondJ.tion" ~lX'. tiler ~'t"erle :"t. .. cr, ""11: ft.uo a.p;;:>ear
WI.. youI:' ciao! inq in~tr.Jc.t iO:'l8} :
'thank you to::, ,ui::andt.t.a.nq you I )oan t.o :::Ot)Dt.rywiti~.. Juaerica '5 "h.oll&aale- ~deI! Wf S;.hC@::tt_~ atJP=i!'c.s.at:fO
yo\.lZ: bu:'J .Llle,:,:r.
Date
fNlt:e
Dat~
The toll0'W'1!1~ condit-lone havo Mlln .ilt..;.• ~:.ed II10na Are shown. n'liillre for reference oflly:
C(mdu::1Ctn ~s.e/COtlllll»nt£
Provide 0" bU:Ji.ne:u l:icw:n.:l''': V" CfA l..tt~r voer!..f"ylhq tiled lb$r.. :2
}'r, 1040· .. ~ ::Ioelf e:nploy-.d l0C4t..LQO
Mana,
Attached please find the declaration and lEtter I would really ap;:lreciate your heip, as we are only a~;k'ns
tor the document to be authenticated If i'Clli have any questions please let rne k"low. If it is accepl3blE: to
VOL' please sign and fax it to 213-443-2910. Thanks again.
«DOC.PDF»
Moe Keshavarzi, Esq.
Sheppard MlJllin Richter & Hampton, lLP
333 South Hope Street, 48th Floor
los Angeles, CA 90071-1448
Direct Line: 213..£17-5544
Fax 213-443-2910
[mail: mkeshavarzi@shepparomuHin.com
'This message is sent by a law fi.rm and may contain information tacit j s
privi1eged or confidential. I~ you received this/transmisrno:l in e:::-rOI', plea,5l;
notify the sender by reply e -:nai 1 and delete the message and any "ttac:hme··'~G.
Sheppard, Mullin, Richter & Ham~ton LLP
I)
,I
r
1 DE·:LARATION OF MARIA McLAURH';
2) I, Maria McLaurin, state and dec::are as follows:
3:
4· 1. I am tr.e br;mch manager for the San Raf~leJ b-ar:ch ofCo..:mrwli:ie
5 " Horne Loans, Inc., :he'branch that processed Ms. Samaar.'s loan (loan numbe;' 817:\73 75).
6 II In or around October 14, 2004, Countrywide suspended Ms. S2.ma;:c'; loan (ll:ca:JS ~
711 Countrywide had not yet re<:eived a copy of the full y execut,d pUd" se agre< :ne.n:
8 11 Attached hereto as Exhibit '::,0 is a true and correct copy of the letter :hat Couurywde sent
9 !I to Ms. Samaan's broker, Victor Parks.
10 'j
11 I I dedare under penahy ofpeIjury under the laws of tlK State of Ca:ifinn:a
1:? i that the foregoing is true anc correct.
13
14 Exe:c.uted on November 6,2006 at San Rafad, Califomja.
'"
15
16 I
17
Maria McLaurin
18
19
20
21
22
23
241
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26
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Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 27 of 35
as =0 • =
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ArrOIiN.YS AT ~AW
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213-620-1780off;ce I 213-<:20-1398 f"" I www.!Jhe.~pardml1liin.c..1T1
F A C S 1M} I. E C 0 V E R SHE E T
** I1fIS FA CSIMII:E TRANSMISSION WIlL NOT BE MA fLED "'''
Total number of pages: If all pages are not r-...,ceived, okase c;al1
(including l-pa&o cover &heet) David ZaslofI at 2 U-620-178(}, PLXt. 4507
NOTi!:-.:!i:16<:..M~; IS IlffENDED ONLY FOR THE USE_OF ;HE: INQlVlOUAl. OR ENTIW TO WHICH IT IS ADDRES:;~D, A~Y ~
..
INFORtvIATlON THAT IS PRlVI!.E@l:D, CQNFlOc!lfTlAL ANO ~JPT FROM D'SClOSV~ UNDER APPUGABlEJ,,I\...\'l. Lf: 1ri~ f-( 01' 1HIS
MESSAI~t ,s ",err Tl-lI~ II'l"TEND£;J) kECIPI~, OR THE EMp~OYE~ OR "GENT RESPONSIBLE FOR DELIVERING THE' MES;AGE TO THe: ~'TENr::(;D
REC1PIE'NT. YOU ARE HER.E8Y NOilFIED 'THAT "NY OtsSEMlIILll.TlOi'/. DISTRIBUTION DR COPYING OF Tnl') C(Jl'.IMUN CATJON IS .:TRiGrLY
PROHJB~O IF YOU HAVE ~CEJVE:D nilS COMMUNICATION 1"1 ERRDR, PLEASE NOTIFY US IMME01A1E.Y BY TELE"i~ON;:: Al..t:l R£"URN 1HE:
OfUGINlU, MESSAGE TO US "'TTHE I\BOVEADORCSS VIA THE; v.~: POSTAL. SERVlCE. TIlANKYOU.
0631007025 3O:STIMMK1>100l17164.1
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 28 •of 35
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fo-r incOJ'tl?l.. t.Q:l'1I!:'O whf:-11 wit ~ecei"e tilr: !ll.(ono.t iot., ve will =evie:w th~ f'11-e for t~Jo~ne.!"
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Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 29 of 35
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ThAnk yo~ tQ'r 1lJ\1.~~ti"lJ your l,o.A,t\ 'l:b Ct.unL~i.d~" ~t,J'ic.a ' . ~h.cl~a.~~ L~ndcx! ~..... 1:tn~.r.ly .!I.... tdex. .i.... t.1':
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06310~702iJ
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Case 05-90374 Document 260-12
.. _e:::c=c= £5
Filed in TXSB on 05/08/09
(1, Page 30 of
• 35
AMERICA'S WHOLESA~:_~ni~)E~j
Fax
To: /!t 0 e l~ e$ha Vayz.----'-('_~F~ro~m: Maria McLaL.rin, BrdrJcfl Manage-
Phone: Date:
Pages: Phone:
--~----------'----'---_._
(415)257-2703
.. _---_ .... __ -
..
- - - - - - - _ .... _------
• Comments:
).t?
Confioentiality Notice: The information contained in and transmit:ed with this COrlr:lu"icatlon is strict)
confidential, is intended only for the use of the intended recipient, and is the Droperty of Countryvvlde
Firlancial Corporation or its affiliates and subsidiaries, If you are not tt,e intended reciple-nt, you are
hereby notified that any use of the information contained in or transmitted wi::h the comrllncation or
dissemination. distribution, or copying of this communication is srrictly prohibited by law. If >'OlJ have
received this communication in error, please immediately notify the sender by em2.,1 or le!l=phone and
delete the original message or any copy of it in your possession. Thank You.
_-"""""""'-_._---!J%Q"'-------_.._---
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 31 of 35
~---:;;~_c::::---~~_...........
(415) 257·~,"CO
November 6, 2006
Victor Parks
Pacific Mortgage Consultants
Mr. Parks,
This is to confinn that Countrywide Home Loans processed the above referenced
mortgage application on or around October 14,2004. The loan WlS Suspenced pendin!~
receipt of a copy of the fully exe~.uted purchase agreement. Attacncd is a cn,:))' of lhe
letter issued by Countrywide Home Loans.
TIlank You,
Maria McLaurin
Branch Manager
31~
_______
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 32 of 35
~==-------==..". . . --_.. ._-_II!III!_----...- I._----.
"'-rica' _ Mhol6lh'lle Landar
V!C~OR
Branch ,: 0000933
750 LX~OhRO S:P~~J ST~ 110 ----
PAAKS
"_rIJI_..
l'ino"ooTypo: PURCHASE
,320 S PECK DR
llEVl><U.Y HI l.L~, C~
FH6kG..o.:
v.ett~ •.
N/P,
72]
Thi~ lo!!tl has been SUS~£Ntl~O until t..he follo ..... ing infoJ::fI\,).tiol iG proV':1.dl~d. Wtl must :t7(>ce~"e
t.his ~l\fortt.at.ion
by 10/25/200-4:. I.f we :io- n.o';. recltivc it by th~t; dat,&, ~. :n:.~t cl'\.l~e the file
for incoD'lrlletcr'~O:J~ When we r~ceive t"'le informction, 'Wt: 1of111 review 'V\e- (iLo for' {uct-he.:
deteT:m~n.e.tion"
Corp apprQv.t req·d tor thl_ onh.ulloed pr09Z',a.tIl 'WI • "IS, ""deled too
te-e I. .ny c.vncUt.1.0ne-, p.toyiOP. ,II cQf'ft'Plctt. ~py pae'ka9f'l Al~ll\9 ",.Let',
a.ll cor.cUtioos in tripllC4te
Pr..1c1n; La. h. eorrl!'r:t':.-d 'to show. "S\. 4llcjd ~o tlt"'e to::: t.hl). ennaPQIM1
e~l;~pti.or. P;rQ9.r..-
1111111
• t ~ t P 1 •
1110111101011110
• Oe'T)737e000002E~e,'
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 33 of 35
w. "111 be .ble te fund your lOAF! $J~er. ~t\ .. follovinl; condit1-on:l art- JrlollIt (thl::I~ l.tl!'ro~ \l1l \ "lsQ IIppea!
0(\ your cl,:)t:1h9 i.nst.ruct;ior.e):
~nt )'OU [o-X' lflJbnitt.1ng you; lOMl =0 c"\lnU'/"fioe:" Mt':-iclI"s Nh.o.:,oes.ale !.ende.;~ Moe :l1nc.... .r~lV l!:~p,nu::i.,2t~
your Dll:U"t"!:3.
1!-/14/2004
f'royi.d.c O.J~ bVl'Jil'l~:;:50 li~rJ;t-.:' c::. CP1t. l~tt.qcr verlfy10q tJ led la!Jt 2'
yr~ 10401~ 03 llIof11! e-tl\p.loy-ed .. -.met 4QC4;'t.,1.on
(P~ge
E-/'1
'\I'.
_ _ () Nee t'!-~.
~xJi5lt~lu~
8-451
(7 'L
_ _,
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 34 of 35
Notice #3
Exhibits Volume B
B-452 '\
Case 05-90374 Document 260-12 Filed in TXSB on 05/08/09 Page 35 of 35
,**t.*****************.*"*•• *,
*** MULTI TX/RX REPORT **~
*:1: *t.*******************:( ** ***
TXlRX NO 2051
PGS. 3
TX/RX INCOMPLETE
TRANSACT [ON OK (1) #102918019980917
(2) #102912136201398
(3) #102913104471902
ERROR INFORMATION
---_ .. -_.. __.
---_._-----
-x
E _.£ N~J;~.~ ~'-~-
··"--Exhibils Volume B
B-453
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 1 of 35
_------------------------------- ---_.------
.
To Sender:
Do you wish to be contacted when fax is sent? DYes
Do you wish to be contacted at your home/office if fax ['gI Yes
cannot be sent within one hour? Tel:
._---------------------------------------
If all pages are not received, please call (310) 576-2374 .
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 2 of 35
July 3, 2007
8"1". C"VH llF
Fax ;110·5J6·12)0
Facsimile: 213-620-1398
mkcshavarzi@shcppardmullin.com
S~'i'11qh;11
Gentlemen:
SM01DOCS\(,4V,,71
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 3 of 35
Countrywide's ex parte application will he heard at 9:00 a.m. 0:1 Friday, July 6, 200'?, in Dep:.rtmcnt
WEI of the Los Angeles Superior Court, located at 1725 Main Street, Santa Moni.;·;), Calif01 nia, 1)0401.
Please advise as to whether you intend to appear and/ or oppose Countrywide's o:pm1e appLc3.b.0I1.
'J'J>vNA-~~
Jerma Moldawsky
SMOIDOCS\643637.1
EX f~) O(':~ qI
"'.-.-..Nftice~ ---~.--
Exhibits Volume 8
8-456
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 4 of 35
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
EXHIBIT B(S)b
22
23
March 7, 2008 Motion
24 for OSC re: Contempt &
~: Sanctions exceeding
~: $16,000
April 12, 2009; NOTICE #2, RE: CFC/BAC
William Allen Parsley, Borrower
Case # 05-90374
,-
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 5 of 35
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
II
FOR THE COUNTY OF LOS ANGELES, WEST DJSTRlCT
4 County, \X!est District, located at 1725 Main Street, S:tnta Monica, CaJilomia 9().:tH. non-
5 party Countrywide Home Loans, Inc. ("Count~'\vide ') will and herebv docs mO\e this Court
6 (l) to enforce the July 23, 2007 prorecti,-e order ("Court Order") a~a.tn "1: [)cfen,hnt Jo~l:ph
7 /.ernik ("Zernik") which directed Zernik to commun cate solely with ( ()llfIlr,Wldc's
8 designated counsel and no other Countrywide officer;; or employees rq~.lrdin~: th:? pre~;("1t
9 action; (2) for monetary sanctions against Zernik, purmant to the C lun ;: intlern r authfrity
10 and California Cude of Ciyil Procedure §§ 2023.010 and 2023.()}(), on thl groun,l, thaI /,ernik
I 1 has knowingly and intentionally \'iolated the tenus of the Court (hdet hI pcnislilg in
<D
<Xl
M
12 harassing and making bascles~. accusations to C:ollnt~ \vide's officcr~ an,.' cmplo~ c('~; 0) for a
<"!
o~
00
M'<t 13 declaration that Countrywide has no obligation to respond further tl l Innih"s h.lras:-ing
ll.~g
::: :5.~
Q) en E 14 COmmlll1lCatiO!1S, the complaint haVing been rcsoh'Cd by summarv jlldgr--Il.:nt :lOd Countrywide
~ ~g
t)~lii
C:"Ut) 15 not being and m'ycr having been a party; and (4) for an order to shO\\ C;I :lSI' \Vh~ /crnik
com
'" co
~ u
en en· e
00
~~
16 should not be held in contempt and sanctioned accordingly.
c'"
'"
<n
17 This I\Iotion is based on thc:'-Jooce of I\lotion and 1\1000n, the :Huchcd ,\ 1cmor:lI1dum
18 of )Joints and Authorities, lhe Declarations ofJohn \X' .• \mberg and TIX,J .\. Be ,( ,ek and
19 exhibits filed herewith, the files and records herein, and such evidence a~ ·~n;\\ be prcsCl1kd at
20 the hearing.
23
24 By: C'y~~.~~:{'~~'H ------
~Ia i\loldawsky (r
25 .\ttorncvs for 1'.ion-Part·\ -'
COUNTH.."{\VJDE I10i\II·: !.().\N:'; INC.
26
27
28 SMOIDOCS6~7~33.7 2
~·OUNTRYWIDE·S 1\10Yl,:-,r·:Y;:)f:~iH;f(T'I)R6:i:l:crIVE
ORDER A}.D FOR ~r\NCTIIl'" .\I·m FOH I, DECI.AkATION
i.NDFOR."..."J O\CWH'lI:IFE'... IJA'JI"·;HOLLD·~()TBE
HI·l L> I' co:-- rEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 7 of 35
2 1. INTRODUCTION 3
3 It FACTUAL BACKCiR()UND 5
4 A. Countrywide Was Forced to Seek a Proh:ctive Order Due to :;~en1ik's
Unrelenting Harassment of Countrywide Officers and Emr],)yees 5
5
B. The Court Granted Countrywide's Moticn for a Protective 0( lrder on .ILly 23.
6 2007, Effective Immediately 7
7 C. Zemik Repeatedly Violated the Court Order and Continues lu lIarass
Countrywide 8
8
III. ZERNIK SHOULD BE SAf\'CTIONED FOR HIS REPEATED WILLHJL
9 VIOLATIONS OF THE COURT ORDER 13
10 IV. ZERNIK'S WILLFUL VIOLATIONS OF THE COURT ORDER \\''ARRA~. rAN
ORDER TO SHOW CAUSE WHY ZERNIK SHOULD NOT BE I(EL)) IN
II CONTEMPT 14
to
<0
<')
12 A. The Court Order Is Enforceable 15
'"';J
o~
00
<')..,. 13 B. Zernik Has Actual Knowledge of the COllrt Order. 15
0.4>0
.....J.~(J)
...J~m
o§ 14
Q) U)
> >. 0
C. The Court Orde r Was Always in Full 1"01 ce and Etree t 16
ro(V~
O~n;
<:-00
... <tl
15 D. Zemik Was and (s Capable of Complying with the Court Or,j~r 16
?:,oni
~ u
co CD 'c
00
~::!:
16 F Zernik Willfully V'iolated the Court Order 16
<tl
C
<tl
V)
17 V. C()NCLUSJON 17
18
19
20
21
22
23
24
25
26
27
28
SMOlDOCS6574337 COUNTRYWJDLS \101 H)~-c:'i·)-ENr(;ilCE)'R:U ECTIVE
OFDER AND FOR ~A~CTIO\') -,,,NO FOR A DECL·\RATION
A.ND FOR AN OSC '.\'1-]\ I )"HNDANI ;;HOULD NOT BE
HI·j 0 IN COIHEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 8 of 35
TABLE OF AUTHORITIES
2 CASES
3 City of Vernon Y. Superior Court, 38 Ca1.2d 509 (19 :;2) 17
4 Dooo\'an Y. Superior Coun,
39 (=aI.2J 8~8 (1952) 1~
5
Ketscher Y. Superior COUll,
6 <) Cal. .\pp. 3d 60 1 (1970) 15
24 STATUTES
25 Cal. Ci'·. Proc. Code § 1218(a) 15
3 :'-Jon-party Countrywide Home Loans, Inc. ("Countrywide") mO\T~ j the (:uurt: (1) to
4 enforce the July 23, 2007 protectiw order ("Court Q-'der") against Dcfl'nd,'l1t} ,:;cph I>rnik
5 ("Zernik") which directed Zernik to communicate solely with Country ,vide'~ Jcsiglutcd
6 counsel and not \vith Count1)r\vidt officers or empIo) ees regarding the prc~l.'nt ;lC:ion; (:~) for
7 monetary sanctions against Zernik, pursuant to the court's inherent aU! hnriry and California
8 Code of Ciyil Procedure §§ 2\)23.010 and 2023.030, cn the grounds thit /crnik fus kno\\'ingly
9 and intentjonally \'io!ated the terms of the Court Ord~r; (3) for a declaLuioll thai {~ountrywide
10 has no obligation to further rt~srol1d to Zernik's hara:ising communicatit lflS, and U) for :1l1
1I order (() show causc \vl1\" ~~er1ik sh( ,uld not be held in contempt and s:lnctiol1ed, )asco, >n his
<0
co
~
12 bad faith Jenial of rhe c:xisrence of lhc Court Order and his continucd \·ill],1110nS thcrcol.
'i'
o~
00
M'<r t3 This is a purchase ~nd sale l';l~e in \vhich plaintiff l\.ivie Samaan ('"Plaintit") ;Ittunptcd
11.28
...J . -
..J :J.~
<l> (J) EO 14 to purchase Zernik's property.. \s part of that transaction, Samaan arrltcd ror (loan ",jrh
~ >.~
0~~
<:-00
<0 <0 15 Countrywide, which \vas nCHr originated. Plaintiff sued Zernik fur spccinc ;:)('rfl rm:lI1C( of
<,:,0";
~ 0
(]) (]) .r::
00
~:2
16 the sale of Zernik's properry. Tholl,2;h Countrywide never gayc PlaintjH ,I loan, I crnik sl,:rvcd
<0
C
<tl
(J)
17 Countrywide with four document :-ubpoenas, \\'ith which iT fully compltd. Whc·1 t1w
18 documents Countrywide procuced did not support Z:rnik's skewed \'jcw or: rhe CISl, /( rnik
19 repeatedly berated and bothered CuunU)'\vidc1s officers and employees (includinr., the
21 underwriter) for information and documents to support his conspiracy dleorics ,UJd chalgcs of
22 fraud (against Plaintiff and her counsel, Countrywide, the Court, and SC\ eral others).
23 On July 23,2007, CmntrY\.\ii,Je mo\'ed for a limited and narrowl~. ··tailored protectlYC
24 order due to Zernik's unrelcnljng harassment and abuse of Country'\\lJ~'\ offiu.:r; and
25
I At the hearing on January 11, 2008, ,he Court directed C Juntrnvide to (1) r,: -lilc it~ [\ [. ltion ill
26 accordance with local rules and (2) to SJbmit a Supplemental Brief addressillL the COLIn \; concerns as
Sl::r forth i.n its Tentatin: Ruling. Counrnwide thus concUlrenrly submJts a S\.ppk~n{nral Brief, :ll1d, at
27 the time of filing this motion, se·eks ex /)(:rte relief for an earlier hearing datt:o
...
28 SMOIDOCSb57-B3.7 j
COUNTRYWIDE"S \10lii)Nl~'Ii~Nri'ii(c(PRCflfC'lWF
OIlDER A \lD FOR SANCTlu',', At, D FOR 1\ DECLAR.-\TlON
i\NO FOR AN OSC \.\ In !lU ~'m""'~.1 ~;1l0UI.D '!OT [3E
I ,UD IN Cl )t~TEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 10 of 35
2 Countrywide solely through its designated counsel and no other officel~ or cmpl>yees, who
3 were all represented by coumel. The Court agreed that "Countrywide has a righr to be
5 order. (See Samaan v. Zernik: fl.-linute Order datcdJdy 23, 2007, attached as Exillbit C 10
6 .\mberg Ded). The Court mled thar Zernik was prohibited from "dinxtly phor;mg, en~ailing,
.f:;
9 granting Countrywide's motion.. \t the hearing,Jth..ig~ Connor directly :l,klrcsstt Zemi~ and
10 instructed him that he \vas "rcyuircd ~imply to communicate only with (orpllrarc counstl."
1] (See Samaan v. Zernik: Traosl:ript of hearing on .July 23, 2007, attached 1'; J :xhibu D to
]2 ,\mberg Oed).:? 7,ernik was also scn'ed \vith a copy I)f the minute md,: r gr.HHin.g
13 Countrywide's !Dotion. (~ce Notice of Ruling, attached as Exhibit ),1 to .\mhcrg Decl.)
14 Despite Countrywidc\ repeated demand:.; that Zernik abide b\' t h: ttrms () t the ( ourt
15 Onler, Zernik dcnic~ the existence (l t the Court Order and continues to willfully lnd
'6 flagrantly \'ioJate the Court (}~der b;' Jirecdy contacting Countrywide officers seckin..; to
20 local Jewish community, accw;ing the Countrywide officers of personal!:. an.J dchl:.cratcl~
2] colluding in fraud against him (Se~: I-:xhibit T to ,\mherg Ded) Zerni k alsl) cre: led and sent
22 a mock im'itation to a Bet Tzedek charity dinner whcle a senior Country\\'idc oftlcer sen es as
23 Pre~ident of the Board of Director:-, making slanderolls statements abo -It Countr:'wlde
24 officers, Countr)'\vide in-hous,:.' counsel, the appoinrel receiwr in this c I SC, and C" :~n Jun ing
25
26 2 The Court also declared in its tentatin: ruling that "any a~,sertion that C()unt~~-widt' is somehO\\
inyokeJ in wrongdoing is not s\..pported by anything other than hearsay and:onjlo:[un>,"ISee
27 Samaan Y. Zemik: Tentatiye RuI:ng dakd July 23, 2007, at' ached as Exhibit B to .\mbec; Ded.)
28 SMOIIXXS657433.7 4
COIJNTRY\\IDFS MOT 1~I;rl()TNr/} ~:T'PR()ciECTIVE
ORDER AND FOR S .... NCf1(N~. ,\~;D FOR.' DECI.A!<ATlON
\ND FOR AN OSC WH\ DEFE'lD.\.NT ',HI:'Ul!l '~OT BE
HI ) I~~ em TEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 11 of 35
I that Judge Terry Friedman had acted inappropnately In this case. (ide) Zernik's \. arassing and
2 opprcssiyc tactics must stop. Zernik has shown no respect for Countr':\vidc:, or J'or the I.=ourt
3 or its rulings. Thus, Coumry'.vide respectfully reques1 s that the Court gram its ruNion.
8 Since i\larch 2n07, Zernik has attempted to badger and bully C( '.Jntr~:\\'id( f)fficcrs and
9 emplovces into proyiding Jocumcn:s and information which he hopes \'v111 st:rn: as
10 "evidence" of CountI)T\\.idc's fraudulent practices per;onally directed al him. Th, >ugh not a
II party to the underlying action between the Plaintjff and Zernik, <:ollntr~\vid,: W:l' senul with,
12 and properly responded to, four ducument subpoena:; from Zernik, bC;!;lnning in ~'eptc11lber
13 20()6. Countrywide has produced \1]1 of its document:; responsin' to /'nrllk's four SUbpf .enas.
]4 Countrywide produced hundreds of pages to Zernik ,ncl has withheld III I rcq)on:;i \T
15 documents, yet Zernik refused to acc~pt Country\v:dl 's responses and hilS since (I"Yutee!
]6 significant time anu cner?:) to harassing Countrywide officers and l'mplt':-Te~; in the· hopl. s of
18 Zcrnik's campaign I)f haras:,ment (which now has gone on well ',-last the dJ~c()\'eIT
19 deadline and after summar: judgme:n has been grant( d against him) be(~an \,,'hen he SCi'll
20 numerous emails and left nrious \cke-mail message~ for hlariela (;;ucia, a parakgal in
21 COUI1uywidc's legal department and ~. custodian of re.:ords, demanding that she lOmpl) WIth
22 his document demands. (Declaration of Todd ;\. B,)o:::k "Boock Decl." III :2.) COllntrywiJc's
24 should direct all communication te him. (Id., Ex. LJ ,) Zernik replied ml emul, t1',re:ltcnll1g
25 i\Is. Garcia with "consel.lumces," including her paralqallicensc. (Id. at '1 .:;, Ex. \ .)
26 Zcrnik sent a letter to Boock on t>.larch 29, 2007, copying not ollly ,\ Luiel" C;UC1'l, but
27 also Angelo Mozilo, CountrY\'vidc's Chairman of Countrywide's parent :ornpany. lind ~al1dor
28 SMOIOOCS6S7·m.7 5
COUNTR YWIDf'S MOlI()~.;yl~:Ii':Nf{'jiiCi-f'R()iEC'TIVE
OR DER A'JD F()R SA~CTI( )','; ,,\r,[1 FOR '\ DECI __ \R" nON
AND fOR AN usc wm J)lIU,IJAkl :ill( HILI) 'OT UL
HELD 11\1 COI;TEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 12 of 35
Samuels, Countrywide's Cflief Legal Officer. OJi at' 5, Ex. X.) Zernik also connctcd two
2 individuals in the Countrywide customer service department, Nathalie ')uesade ;md i\lvl.:rta
3 Bayliss, and attempted to interrogate them and encourage them to make 'Various dmisSl~)[)S
4 about Countrywide's business praetlces. ad. at ~ (l.) Around this tjme. Zernik was leav1l1g
5 claily voicemails for t\ls. Garcia, sometimes several eao:h day. (ldJ Zenik also Ie t'r Boock
6 lengthy voicemails intimaung fraud. ~d.)
8 directly. Prior to late March or earl~' April, Zemik reJCatedly called Diane h:az!('I', a former
9 Countr~r\Vide underwriter, about the ~,ubiect matter of this ~tigation. (1,1 at 411 7.) /.t'tnik
10 informed Ms. Frazier that he had done a background check on her, and told her ;hal he knew
II certain things about her that made her uncomfortable. (ill) Zernik calkd \1::;. 1,'1'a7.1cr\ home
\D
co
(')
12 so frequently that her husband had 1:<.' demand that Zc:rnik never contan them ap;nl1 (L1)
<;'
o ~
00
M'<t 13 2. Zernik Harassed Countrpyid~ Officers
0..4>0
...J ;~ (J)
...JJ~
Q) U) E 14 ()n June 23,200;, Zernik cmailcd ,\ngcIo ~ [o;:ilo, the Chairmat, of (:outllrVwll1c's
~ ~g
U:;:lii
c"U0 15 parent company, demanding that he personally proyice Zernik \v1th a dn:L!r:looll (T.~!,arding
'"2:'0ni
~
'" t>
CD CD 'c
00
~:2
16 the production of documents. (Bocck Ded. at '1 HI, I':x..\.\.) On June :~\ 2( 1/ )~' Zl:rnik
ro
C
ro
(J)
17 emailed Sandor Samuels, Countryv/id/s Chief Legal Officer, dnnandin< r11l ~,atlll' relid. (JdJ
19 Shustennan, questiomng Samuels' C!)mmitment to tig lting real estate fr;:ud. (hL at' 11, Ex.
20 AB.) On or around June 27, 2007, Zernik left a letter for Sandor SamuJs al Bet Tzcdek a
2] charitable organization where Samuel~ serves as President of the Hoard of Direct' >1'5, (lL at ,-r
22 12.) Zernik again wrote to l\ngelo '\bzilo and Sando:: Samuels on JUI1l ~~<j, :~I Hf? :hJJ l-J c
23 copied Rabbi Jonathan Bernhard, Rabbi Joseph Shust~rman, The Hon(,rabk R. '\(/t1liam
24 Schoettler, and "others in the legal and Jewish cotrum:nity In Los i\ngck:;." (hL, j ',x. ,V.)
25 Over the July 4th holiday, Zcr:-uk sent two em;lils containing lIbelous statements in a
26 purported press release to undisclosed recipient~" wid: a copy to Sandor Samueb. (ld.< at '113,
27 Ex.. \D.) The subjeCT line of the emails states: "PLE~ \.SE ASK S_\ ND~J R S. \,\11.J I~LS 'J 0
28 SMOlDCXS6574337 6
COUNTRYW)D!"S Mm !C)iTll:;j''''F(;[.ii::!·PR6i ECTIVE
ORDER AJ-.ID FOR ';I\.\CTI< l'iS A~m FOR .'. DECL,", {ATJON
>\ND FOR AN OSC Wil" I)lrl~m,,,,,,,,,[ ~jHOl)l.D \lOT BE
H Et J) II~ co; . lTMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 13 of 35
STOP REAL ESTXrE FRAUD." ([d.) The emails :onttaue Wilh an 1rpartm pre"s release,
2 star.ing in part: "FOR IMMEDIATE RELEASE" and "Countrywide's Mozilo and
3 Samuels Complicit in Real Estate Fraud." Od.) The press release ~alsely assert:- thaI ;'the
4 fraud \vas committed by cnlh.:sion of Nivie Samaan and Maria ~1cLaurJn, (ountrywlcle Branch
5 Manager ... McLaurin and Samaan a1so colluded in \lortgage Fraud attunpt and ir Wire
6 Fraud." (Id.) They add that "~1cLaurin also probabb personally appron:d about $1,1.5 billion
7 per year (!) in grossly frauclulmt g()\crnment-backed oans" (ldJ The em,ub sp::utically
8 mention Samuels' involvement nol only with Bcr 'l'zedek, but also his positlClfl wih the
9 Ziegler School for Rabbimcal StudlCs. (Id.) Zemk s'~nt the alleged pre~;s re!case 10 at least
[() [() ·c
00
~~
16 On July 23, 2U07, the Honora blc J acgudinc C. )nnor heard Cl>Ull trywide '.; In' ,I ior for a
c'"
'"
II)
17 protecti\"l~ order. (Declaration ufJuhn \V.. \mbcrg ".\mberg DccL" 'I~:.) \[O!ll, , with its
19 with Countrywide's designated counsel and no other :~ou!ltrrwidc oHiu_'rs (Of CI11I-.[( 'yecs
20 regan.hng the present action." (11, I:x..\.) John 'V'I. '\mbcrg, cDunscl f, If (:< lllnIIT\\ ide. was
21 present at the hearing, as \vas Zernik, \vho reprcsentd himself. (J..d-, at 'II 1.) [kill '(' the
22 hearing, the parties learned the Court had issued a ref tative ruling gran ting Count :~-wi(k·s
23 motion. (Id., Ex. E.) Country\vidc's counsel and /.ernik received copi,~s of the t<::l1tatin
24 ruling and when the case was called. both parties stipulated to the Coun's ruling. (hL)
25 The follO\ving is a true and correct eXClTpt rrom the transcript (,I' the heat! ng on
28 SMOIDOCS657433 7 8
COUNTR YWIOL ~ Moi''-I~-~I:()ENH''FcE PR(j' [ClIVE
OI:DER AND FOR ';ANCTII)\lS.-\ \)f) FOR .\ [)ECI "RATION
AND FOR AN USC WHY IlFFf\lDAN' ~HOlII.J NOT BE
fill;) It--. CO .JTEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 15 of 35
has been repeatedly confIrmed by Countrywide's in-llOuse and outside coun~el. Beginning on
2 October 2,2007, Zernik repeatedly c:)ntacted attorneys at Bryan Cave, ,lj \vdl as
3 Country".vlJc's in-house counsel, TClod A. Boock, to obtain "infonn:uin n" in SUPr'ot1 of his
4 "claims" that Country'\vide and the L:)s ,\ngeles Superior Court judges ;;s::-.igned H. this case
5 had engaged in collusion. (. \mberg Ded. ~ 6.) When Zenuk did not rlxeivc: the te~.po[] ,es he
6 desired, he made the decision to blatantly violate the ==oun Order and resume haJ:a::;sing
7 Country\vide's offIcers.
8 On October 1(J, 2007, Zernik sent a letter \"la ,~m:ljl to Country\" tdt: officus \ngclo
9 f\loziJo and Sandor Samuels in direct violation (If the Court Order. (ld, at'l ~, 1·>< (n In this
10 lener, I.ernik bombarded Mozilo :lnd Samuels with lj.lCstions regardin f , COllntryW}c!c's
11 involvement in the case and the documents it producd, and demanded that (our try\vidc
<D
<0
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12 provide him with responses to his lJu~stions within thee days. (hU Cluml.'1 for
":'
o~
00
C")~ 13 (:ountJ"\"\vide responded b,' informltH' I.crnik that he ,vas jn violation of the COllrt ("rde and
a..~g
oJ .; ""
j"3 .~
Q) en E 14 must cease all communication with Countrywide's officers and emrloYl~'::'. (ilL at" 'J, F'{. H.)
~ ~g
O~lii
c:-oO 15 Counsel affinned that Countrywide was a represenrec party and that 7,t::rnik was I • direct all
'"(':>o~
'"
~ 0
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00
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16 communication to Countrywide's designated counsel. (Id.)
'"
C
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17 On November 1,2007, l.ernik again emailcd ~.lozilo and Samlllk In three! \~olatlon of
18 the Court Order. (Id. at ']12, Fl{. K.: Zernik demanded that I\lozilo and Samuels respond to
19 his allegations regarding purported fraud and again accused Countt;.'\vidc of cons]"Hnng ,,·ith
20 the judges that have presided over Illis acuon. (WJ I:ernik also admitLd that he had
21 previously contacted Samuels "throllE~h his position al Bet l'zedek," lht charitabk
22 organi7.atjon where Samuels serves as President of ,-he Board. (rd..,) I~e 'Ilil.:. dcm,uJcd that
?"
--' l\loziJo and Samuels provide him with a "full explanation of your cDndlKI in this C1~e." (ld.)
24 Countrv\\ide's
,
counsel emailed Zernik on Nm ember L 2(107 an(~ (Inee agLo
<.
infurmed
25 him that he was in violation of the Court Order and t:1at he must desist ftorn viohting the
26 Court Order. ad. at~! 13, Ex. L.) In response, Zcrnik sent an email to ~~amucls allJ lvlozilo on
28 SMOIDOCS657433.7 9
- - COUNTRYWID(~MOlIi5>;JW;]T"NH)R6-PROTEC'TIVE
m DER A 'JD FOR SANeTH J'~S AND FOR " DECLA {.II, nON
!\NO FOR AN OS(" WHi j)HI"m-\i~T ~;HillJL[) NOT BE
HFI.I1,I-.l ("(I',TEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 16 of 35
COURT ORDER?" In the email, hc' stated that "it i~; difficult to belierc it [the C. lurt Order]
2 ever existed," despite knO\\.-;ng full wdl that he had b,~en present at the.l uly ~3 hcanng \I'hen
3 the protective order was granted and had submitted D its issuance. (lL at ~ 14, 1:' x, M.~ On
4 November 2, 20D7, Countf)'\vide pcnonally ser:ed Zernik with a letter dcmanditl;!, that lC
5 refrain from violating the terms of the Court Order, ,nd stating that if Zernik continued to
6 violate the Court Order, CountrywiJc would seek all lVailablc rcmedie~;. lncludin,:~; sanaions.
7 (ld. at '115, Ex. N.) Country':\";de als·:) filed and served Zc:mik with a nuticl' of ruhng,
8 attaching the minute order which confirms that the Court had gClOted (:ountry\\'idc'~ m )t.ion
II the Coun Order. (ld, at '116, Fx. ().) L.ernik's email again demanded that ~\f()711o and
\D
et>
n
]2 Samuels rc~p()nd to his allcga :.ions (If fraud, and outli1ed what he be]ie', cd to be <:\'ldcncc of
"!
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00
<')v 13 conspiracy against him between "arjou~ judges, the plaintiff in thIS action, and (:olntl}'\\ ide
Q. (l) ~
-.J .""=::
~ U).~ 14 employees. (Id.) Zeroik <1:,sertcd "for me, of C(>ur~.c, this world of fraudulcnl al1ll c,)rrUpl
~ >.~
o~~
c-c() 15 judges is new. Bur I somehow suspect that it is not tbe ca~;e with you!" ~l.dJ (h ~o\'(rnber
'" '" 'cU
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~
Q) Q)
00 16 14,2007, Zernik again \'iolatcd the Court Order by enailing ~lozi]o and ;-;amlleb et~L al '117,
~~
c'"
ltl
(/)
17 Ex. P.) Zernik once again accused Countrywide of C(lnspiring with ~up1.'n()r (:lIl,tl Judges and
19 On December 2, 2007, 7.ermk emaileJ l\lozilo and ~amu('ls ag~un directly. (hi at "1 H,
20 I ':x. (~.) I n the email, Zernik demanded that MClzi]o and Samucb anS\Vd numewus llU<:~ tions
21 abOlll Counlr}'\vidc's involvement in:his matter, and )nce agam accused Cuuntr Jwldc 0"
22 being (omplicit in fraud and dect-ll. (ld.) Zernik also dem:mded an inrneJiare ruraetioll of
23 all documents COt.Jf1tr}'\vidc Ius filed:n this case. Od.) Zernik demand~:d that ~Jl)zilo and
24 Samuels proyide him with res;::>onses ':0 his questions \\i.thin t.wo days. (ld.)
25 On January 9, 2008, Zernik U'~"in violated the express terms of thl' Cuurt Order hI'
26 ccmtactjng t\lOL~ilo and Samuels directly. (lei. at "1 (>, Ex. R.) Zernik emailed the Countr\~\vide
27 officers, attaching what. he claimed to be "key" Countty\vide document~ that he held to h<:
"fraudulent." (1d.) Zernik referenced a January 8, 2008 New Yod; Tine~ ardck about
2 Country'\viJe and Countrywide's "subsequent drop in share price" and ~;tated thai ~[ozil) and
3 Samuels would want to "review [theirj stand" on the Issues surroundin~ Countn" ..,dc's
4 motion prior to the (previously scheculed) January 11, ZOOS hearing. Cd..:.:
5 One of Zernik's attachment~ 10 his January 9 I~mail was an adoi:ionallettl r to ~rozilo
6 and Samuels. (1d. at '120, l:':x S.) Tn the letter Zernili claimed that "tv ~nts this Wt'ck led me
7 to believe that you \v(mld possibly change your ;tano on the matter bclo\\, and finally ~l:)p the
8 real estate fraud and litigation fraud conducted against me through Country\vidc fraudulent
9 documents." (10.) Zernik's email also attacked the judges of the Los ,\ngdcs ~uperior (:ourt,
10 labeling Judge Segal as "dishonest" Jnd claiming that the alleged discrepancies in court
] 1 documents in this case were "classic Connor," referellcingJuJge JaclJudine Conn()l', wh\)
]:2 entered the protectin: oroer against Zcrnik. (Id,) Dr. Janllary 12, :20()~. /ernik (i!:~/i.... enuiled
13 Samuels, referring to Judge ·l·,.~rl) B. I'ricdman <lS Samuels' "friend," and alleged I har
14 Countrywide had supplied Zcrnik with "fraudulent documents." (Hool k Dec!. at '11 15, Lx.
IS /\1':.) I.ernik claimed that the documents in the IO<ln file Countn wide produced \'.a' "the
17 ,\gain, on January 15, 2U08, Zernik emailed ~bzilo and Samuel:; directly, md wpied
18 over 50 people in the local Jcwish community, includ ng SCYCLII Rabbi~ and temple
20 COLLUDINC I'\l REAL l-':STXIE F~\UD, 0.10R' 'GAGE FIC\LD ,\:"D L\X/WIRE
22 that Mozilo and Samuels "are colludi:1g in the theft 0 ~ my home and Up.llty, thro,lgh the filing
23 of frauduJent documents in court." (Id.) Zernik also created and sent a mock in\: l1:Hion to a
24 Ikt Tzedek charity dinner where a senior Countryw:ice officer serves a:; President ot' the
25 Board of Directors, making slanderous statements about Countrywide officers, (:, )untry,\-idc
26 in-house counsel, the appointed receiver in this case, and even hinting that.l udgt' [\:rn
28 SMO] DOCS657433 7 11
COU1\TRYWlDFS Mofi()',~ 'II) [Nr(}i~Ti:PR61~CTIVE
OIWER AND FOR SANCTJCN~ .'1kLl FOlt .\ ! tEet "RATION
AND FOR AN OSC WH r DEFEMlAN r SI!OUUl NOT BE
II . D IN CC'iTEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 18 of 35
Despite the Court Order prohibiting him frum contacting COUlltr: \\-ide officers, and
2 despite Country'\vide's repeated demands that Zernik ccase and desist horn colltH:ting
3 Countrywide officers, Zernik has per:;istcd in barraging the company's ufficers \\i:h
4 unsupported accusations and ricuculous demands. Zernik should not I,e allowed 10 persIst
8 the Court continued the hearing on tlus j'vlotion to M nch :25, 1()()8 am: I'eyul'sted further
9 briefing. 'l'hough the motion was nor heard on January 11, Zernik <-lid addn.'~:s tbe ( :()urt at
10 that time amI made seyt~ral false representations to th: Court regarding rhe Proteuj\,c ()rder
19 Directors. (.\mberg Decl. at 1122.) j\gain, this was not the case, as /.crnik clearly addrnscd
20 several of his communication~; to Sandor Samuels as Countrywide's Chief l.egal () Hicer l11d
22 Finally, and most egregiously, !.crnik stated th:lt Country\vide Iu.J not prc\idcd hm
23 \vith nonce of the Protecti,.-e Order. /\.mberg Ded. at ~ 22.) Zernik \\ as person.1 ily prc:icnt at
24 the hearing on July 23, 2U07, whcnJudge Connor i~.sued the Protective Urder. (1~,1 at '\ :~.)
25 Zernik subtnitted on the Tentative Ruling granting Countr;wiJe's Pr(Jt.~ctl\·e On cr, and Judge
26 Connor explicitly stated to Zernik that he was to direct aU communicatlons regarding this
27 matter to Countr\"\viJe's counsel. (ld at ~ 5.) Furthc, on November :~. 2007, COl1nttT\\-iJe
28 SM01 DOCS657433.7 12
COUNTRYWIDE'S MO",l'ClN T()ENFCTcT PRCj:ECTIVE
OFDER AND FOR SANcn:·\lS A';rHOll.\ DECLARATION
AND FOR AN OSC WHY IlEFF'![)Al" - SHOULD NOT BE
HE 1 D I!'- ee, ~TEMPl
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 19 of 35
] provided Zernik "'lith notice of the P:~otecti'le Order lnd attached a co")y of the minute· )rder
2 explicitly granting the ProtectlYf' Order to the Notice of Ruling. t)d. at '~I ] 5.)
6 and such decisions are subject to r","usa! only for arbitrary, capricious, (lr whimsical ;lcctOn.
7 ItS. Creative, Inc. v . Creative Cott~~[i) Ltd., 75 Cal. "'\pp. 4th 48C>. ·l<)() ,"1 <)t)lJ); Set; California
8 Code of Civil Procedure §~~ 2023.011) and 2023.0.30. 1mposing sancti()II~; tor yio!a,iuos () fa
9 court order are within the clea discretion of the coun..:vlagf,ri. Y. :S',merBlI.J;_CJurt, 11 ()
10 CaL\ppAth 1218, 1226 (2004) (trial court may impose monetary sanctJ(.])s f()r ,j,;lat.iot1 of
II protcui\-e order); Wclgoss b:~nd, 252 CaL\pp.2d <Jf!2, 992 (1 %7) (tri:ll court's I.n hId
to
co
C")
12 discretJOnary powers include pmver to impose s;lncticns to "secure conpliancc with I)rdcrs of
N
O~
0
C")~
0
13 the court"); Niklas v. Niklas, 21] CaL-\pp.3J 2H, 3H ( 989)(sancrlons upheld \\hen: p;lrt)
a..~g
:j"::; .~
Q) en E 14 repeatedly violatnl court orders instead of seeking direct review of COWl (,rclers).
~>'.9
u~~
c-oU ]5 "1 f a monetary sanction i~ authorized by an:- provision of this atl icle, the ( ,un s.b.aJ.l
"''''
~oni
~
co CD 'c
0
00
~~
16 impose that sanction unless it finds d-at the one subject to the sanction :lcted with subst:mtlal
c'"
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(f)
17 justiticatio!1 or that other circumstances make the uTIf'osition (If the sal'ctJO!l Unill~;I." Cede
19 2023.03(\ the court may order that th,;: party subject tt) the sanction "P;l~' the rease,nJbk
20 expenses, including attorneys' fees, in·::urred by anothl~r as a result of that conduC!" JJ. l'he
21 nature of the monetary sanction is to compensate fllr expenses incurred; thus, the Cuurt may
22 award a reasonable amount to (OmpC lsate a party for its expenses incurred and is n( It linited
23 to the costs that might be properly taxed against the losing party after [;w trial of I"Iw :lni,m.
26 Countrywide for its legal fees :lnd costs incurred in conncc,jol1 \vith rcspondl11g t.) 7.ermk's
27 numerous emails and in preparing and filing this moti·m with the Cour1 ..\s dcradcclln the
28 SMOIDOCS6~7433 7 13
COUNTRYWIDI-'S Mm[()NTl~i]~NF()Ri:l:PR6i HTIVE
ORDER AND FOR SA'<CTI( )'~S A NI) fOR >\ ]XCL.\ {A nON
>\ND FOR A,"l OSC WHi DHuml..N I ~;III.IULD NOT BE
HELl) 11'1 C<H,:l::MPl
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 20 of 35
3 repeated blatant and defiant violatlOfs of the Court Order, have caused Country'.\'ide to incur
4 legal fees and costs in the amount of $16, 170.0lt. COllntry~\v1de rcasom bly an ticlp 'tkS
5 incurring additional kgal fees respotl.ling to what is sure to be more (( mmun.icaril)JlS fttHn
6 Zerruk after the filing of the Motjon, and asks that the Court a\vard ~;allrtions again:;t /.( rnik
7 to compensate Country\vide !()r all 0: its fees and costs. But for l.ernji, \ \\,1Ilful c isobediencc
8 of the Court Order, Coumry~,;de would not ha',T been forced to incur these Cxp~l1~;es.
II IN CONTEMPT
12 Contempt is a disobedience') ~ the Court by a< ting 10 oppositlon to i(~. aul hority, Justice
14 proceedings arc criminal in mture, ~,c guilt must he e~tablished beyond a n:asonaf-Ic doubt,
15 Reliable Enterprises Inc. \". St!}2Q"i!}.!J~ourt, 158 Cal.i\pp.3d 6U4, 6[2, 2(1.+ (.d.RpIL 7X(I, 7~N
16 (19984). 'The pmvcr to weig"l evidence, however, re:;rs excJmi\l:ly wit h the trial CO lift.. , 11
17 "Direct" contempt is that comrmtted in the immediate vin\: and pre::ellcc t ~r the (:ourt ( ,r of
18 the judge in chambers..\11 other con tempts, such as lhis one, which occur outsitlc the
19 presence of the Court, are "indirect." See Nierenbl~ Y. Supt·nor COUlL 51) CaL\.pp.3d 611,
20 6[6 (1 <)7 G). A finding of indirect contempt require:s tle record to contai n substantial evidence
2J that the contemnor willfully :l'1d contemptuously n{used to obey an oder «.f the l :ourl. .ld.
22 The Court may infer the rcqwsitc intmt to violate an order from the ci:TumsTa1lCc -. 1d,
23 Certain acts constitute cOlltCll,pt as a ma::ter 01: law, including (a) abuslt\g rhe cour!
24 proces~; or (b) disobeying a coun order or process. ell. Civ. Proc. Code §§120 t)(;' ) (4) and (5).
26 Superior Court, .19 Cal.2d 848, H55 (1952). Each act of contempt is pU'lishable by a tim: not
27 exceeding S 1000 or by imprisonment not exceeding five days, or both. CaL Ciy. F'rnc. Code §
28 SMOl DOCS657433 7 14
1218(a). The Court may order the (c,ntemptuous party "to pay to the puty initi~'ting the
2 contempt proceeding the reasonable attorney's fees and costs incum.:d by this party in
3 connection with the contempt proceeding." ld.
4 In order to fino Zernik guilty ':If contempt, l'lu; Court need only find that:
5 (a) the July 23, 2007 Order \vas sufficiently dennitt.: and ccnaiJ10 be
6 cnforceablc~
7 (b) Zernik wa:- sClyed \vith or had actual knowledge l) f tint OrdcL
8 (c) the Onkr \Va:; h full force and dfeer at the time lrJ ljuestion;
11 Id. The record before this C.urt establishes the t<.>:rq,;oing beyonJ a re:l-:oll;1b1c <-I( .ubt.
14 entered in the Court's minutq, and if the order IS definitin~ and certain. KcU~:h(:L~:_SllJlCrior
15 Court, 9 Cal. :\pp. 3J 6U1, 6(j.l-W5 ': 1(70). The term; of the (:oun ()r,Jer arc clea r ,llll.!
17 counsel and no other Countrywide officers or employees regarding the present aC1.lon."
18 Further, the minute orJer from July 23, 2U07 conbtm, that Counrrywi(I.:'s prnpo<'u urder "is
19 sigm·J and effective as of this date.:" (i-\mberg DecL at '14, Ex. C.)
21 Zernik had actual knowledge of the Coun Order. L:crnik has b( ,:f] on notLe of the
22 Court Order since July 23, 2007. Ze:mik represented himself at thl' Jul~ 23, 2{ 107 hC;lrin12 on
23 Countrywide's motion for a p::otecti\-,: order, and sub:rutted Oil the Coun's IcnralWC ruhl1g
24 granting the protective order. (Amberg Dec!. at '1 3.) Zernik was spt:ci rically told by Judge
25 Connor that he was ttl corrununicate only \\rith corporate counsel and that the onkr had been
26 granted. (Id. at ']5, Ex. D.) Zernik was served '.\lith a copy of the July .~:~) mJfllltc (,rder which
27 confinns that Countrywide's proposed order "is signd and effectin as of this dau:." (hl at ~
28 SMOID(XS657433 7 15
- - - COUNTRYWIDE"'S MOT!i5Nl'i~Ii:NF(jR(jiJ>R6i:ECTIVE
ORDER AND FOR SA\,CTIDr,S A\D FOR!\ D,=CLAI~ATION
.....N D FOR AN OSC WH\ DFFENDANI :,f10ULD \0'1' BE
HLLD 1.\1 CIlIHE\1PT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 22 of 35
15.) In several of his emails tJ Countrywide's counsel, he refers to the C:ourt Ordc.r numerous
2 times, indicating that he is fully aware of the Court Order. ad. at '1~ 1(1-12.) For ,:~xamplc, on
3 October 30, Zernik emailed Countrywide's counsel, acknowledging tht existence :)f the Court
4 Order and stated that "you recently threatened 1"0 enforce the protecti\ e (gag) or,.lcr issued by
5 Judge Connor." ad. at ~ 11, Ex. .J.) Further, on No\'Cmber 1, 2007, Ztrnik ~ent :In email to
6 Bryan Cave attorneys and Sar:mels and Mozilo staunt:; that "it appearcl that such :)rJcr was
10 Zernik has never sought any relief Dr exception from the Order, Countrywide h:l:; 1]('\"(:1'
18 Railroad Comm'n., 1:)9 Cal. 228,231 (1922) (fol111cr corporate secretan- lacked a _lthoril~ or
21 action within his cxclusiye control, and something he has clearly :::J';O\\li to bc car·able of in th('
22 past. The Court OrJer did not restt;et Zernik's abili~; to commU111cate with Countnrwille, it
23 only mandated that Zernik was to communicate sold; with counsel. Imtead of (( 'tnplying
24 \,,;th thc Court Order, w'hich he is pc;:fectly capablc of doing, Zcrnik C<J1HlllUCS to d1501ll'y it.
27 order, or process of the court' is by statute defined a~ conrempt of the "uthority of the (ourt.
28 S1\101 DOCS657433.7 16
- - COUNTRY\NJDE'<; Mo'ii)j\Jri)ENf:~iiicf~ PR611~CT)VE
OIcDER AND FOR SANCfl'INS AND FOf. i\ IJEC!) RATION
AND FOR AI\ USC Wll' lJ£:HND.\i'<r SJ-,OULL NOT BE
IlI:JD IN CO\lTEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 23 of 35
Oil \'Vorkers Inel Union Y. Superior_Coun, 103 Cal.App.2d 512, 534 (1951). \,\'bcn it appears
2 by substantial eyidence that a person committed an act proscribed by a lawful ord;~r of a court
3 and did so with knowledge of that order aod its pertinent prm-isions, there is substantial
4 evidence that \\rill support a finding of an intenti.onal 'liolatioo of tbe order. ld. \\'here a
5 party, with knowledge of the terms 0:: an order and ability to comply 1rcre\\'ith, dId not do so,
6 it can be reasonably inferred that their inaction \vas intentional, despite express lbchimns of
8 The circumstances here arc clear: Zcrnik has s ,own complete contempt t~ Ir the Court
9 Order and continues to \villfully violate it. Zernik hm acknowledged th.: l"Xlstcncl {If th('
10 Court Order numerous times, telling Countrywide co Jnsel that "you recently 1hre:ltclled to
11 enforce the protectiyt' (gag) o:~der ismed by .I udge Connor" and that "it :lppcared thar such
CD
<0
M
12 order was indeed issued to yo J by Judge Connor." (1;L at '1 12, t':x. K.) De~pitl' .Hlll1itting
c--;
o~
00
M'¢ 13 rhat such an order is in place, Lcrmk has knO\vingly a ld intentionally y ()Llted thl Coun ()rclcr
Q..s~
..J ,-
-oJ ~.~
Q) U) E 14 numerous times by directly ccntacring Countrywide oftlcers. l\frer C:()l;lntrywjJc-~ COUIN:]
~ ~g
U::=iii
cuU
<Il '"
15 informed Zernik that Countrywide would be seeking ~edress for his vic ,:ations of 111'.' COJrt
<::,0";
~ ()
101Oe:
00
~~
16 Order, Zernik scnt an email entitled "VIOL\TION OF COURT ORDlm.? \VH.\T COURT
<Il
c<Il
l/)
17 ORDI j{?,' and asserted "it is Jifficulr to believe it ever existed." (Id. a" J..L I,:". \1.) /.l'rnik
18 has indicated his intention to deny or ignore the Court Order. ConseqlJunly, the :~( .urt
19 should find that Zernik committed multiple contemp'uous acts and S:ll,cuon him lCcordl11g1y.
20 V. CONCLUSION
21 For the reasons set forth above, Countrywide :~espectfully rcque:, t s that til<:: Court grant
22 Countrywide's l\lotion to enforcc the Protectivc Ord( r and for other n IicC
28 SMO][XXS6574337 17
COUNTRYWIDE'S M011;c~1~)u..;n;:j;,:i:I)R(i:[ClIVE
OFDER AND FOR SANl'TH J;'~ A>ID FUH .\. I lECl ,\RA TION
ANLJ FOR A\I OSC \~ IIY lIfTE NDAN'" ,HOUL) NOT BE
til ) Ii'. CO-.JTEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 24 of 35
3 1. [ am an attorney licensed to practice law before all the C( .urt~ uf the State Df
4 California. I am a partner in the law firm of Bryan Clve LLP, counsel ,)f rl'cord ;·,.r
5 Countrywide Home 1,oans, Ir,c. ("Countrywide"). I have personal knowledge of Ilw fae 'S set
6 forth in this declaration, and if called to testify, r couJ.:i testify competently to sud: facts.
7 On July 23, 20U, 1 attended the hearin,~ in Judge J ;lCljl1C line Connor\.
8 courtroom to present Coun~",vide's motion for a protective order. .\llIlg \vlth It; motion,
9 Countrywide submitted a proposed order which orde Td that Dcfcndanl.l oserh ;; ernik
10 ("Zernik") to communicate "solely with Coumry\\;de's de~ignated co Ull '';!:' I and 11< ) other
I1 Countrywide officers or employees n.garding the pre~ent action." ,\ true and correct uny of
to
to
<'")
12 the proposed order is attached hereto as Exhibil- ;\ and incorporateJ herein b} rl'L~rl'nce,
":'
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00
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h
Before the hear-im'_ we werel")
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~cnE 14 infoffi1Cd that the C:Ollrt had i:isued a tentative order uaming Countrywide's motion, and the
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cuO J5 court clerk provided the parties \\-;th (opies of the tematin: order.. \ ltlL(' and c< )'T('( I C,jpy of
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J6 the tentatin' ruling is attached hereto as Exhibit B and incorporated he-ein by rett fcnce
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17 4. Countrywide alld I.er~) k both stipulated to the tentative :-uling. Thl.' ( ,jurt then
18 granted Countr)·\\---.ide's motion for a protective order. The minute order from the hearing on
19 July 23, 2007 states that Coumrywides motion was granted in its entire-~' and tha r the
20 proposed order concurrently ~,ubmittcd "is Signfd anc effectivL: as of thi.; date." "he
21 proposed on1cr was not returned to CountrywiJe and currently has not heen located in the
22 court fJlc..\ true and correct ,:opy of the minute ord( r is attached hereto as l~xhibir C :i11U
25 Countrywide's designated counsel regarding this aC1:io~ and no other CclLlntywide "ftieet" or
26 employee..\ true and correct copy of the transcript of the hearing on (:. fumt}widc', me tion
27 for a protecti\'e order held on July 2.3,2007 is attached hereto as Exhibl1 [) and incorporated
28 SMOIDOCS657433.7 18
- - COUNTRYWIDE'S MOT~5J\.'T()I'NF(;iii:f'PRUTECTIVE
ORDER AND FOR S/\\,(TIU';<; ANI:' FOR ,I, DECLHATJON
<\NO FOR AN OSC WH' DEFHmA;-.J1 ~;H(lUL[) NOT BE
«
HU.D i'~ lr. TEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 25 of 35
herein by reference.
2 C>. On October 2, 2007, Zernik contacted me and other attorners at Bryan Cave,
4 alleged involvement in the m~ltter and about Countty.'v1de's legal r(:pre~cntation. /cmik
5 sought to obtain "information" in support of his "clams" that Country,.vide anJ the Lot,
6 .\ngcles Superior Court judges aSSIgned to this case had engaged In col.usion..\ true an.!
7 correct copy of this email is a :tached hereto as Exhib t E and incorporated herein bv
8 reference.
10 declined to be further involved in the matter. A tme 1I1d correct copyd~ this emaJ! is atl ached
~ en'~ 14 hnancial Corp., and Sandor Samm·ls, the Chief Lt.·gal Officer of C()l1ntr~wide. /crnik :hked
~ >'2
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16 Zernik yuestioned whethtr Countrywide bribed or "pron-u~cd future money:," to "any j\ dicial
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17 officer or staff in conjunctlon wilh Samaan v. Zerllik," and whether Cc:ul1lrywidL engaged in
18 any "obstmction of justice." Zernik also guestiom:d whether COllntrY\\'Jdc ~ponsored the
19 plaintiff's legal services. Zernik demanded that ~.lozil(l and Samuels pn 'I'ide him ,dt h
20 responses to his questions \N1thin three days. ;\ true ;md correct copy ,)f the em'lil, \\'hil h has
23 9. I responded to Zcrni~;:hat day via ema: I and stated that he was in v:ol arion of
24 the Court Order and must cC:Jse all communication with Countrywide officers and tmp],)yees.
25 I rcaffinned that Countrywide \vas a represented party and that 7.ernik was rc din:~ct all
26 communications to me. ,\ t.rLe and CJrtect copy of the email is attached hereto J~; Exhibit H
28 SMOIDOCS657-n3.7 19
10. In an October 19, 2007 email to me, Zernik acknowledged that "y:: u are ~tiU
2 representing Country\vide." Zernik stated: "I doubt Dat either you or (ountry"\vlde would like
3 to bring this Protective Orde before the Court again, since that PrOTeCljye Order and the
4 circumstances that led to its i~suance by Judge Connor represent one cf the ll1ghlights of what
6 true and correct copy of the email i::; attached hereto :lS Exhibit] and incorporated herein by
7 reference.
8 11. On October 30, 2()Oi', Zernik emailed me again, ackno'.v1cdging the existcnce of
9 the Court Order and stated that ''you recently threatened to enforce the protect.i,,: (gag) order
10 issued by Judge Connor." ;\ true and correct cop\' oj' the email is attached hetC1:\ I a- I':x 11iblt J
11 and incorporated huein by reference.
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12 12. On No\'Cmhcr 1, 2()(1] Zernik again emailedCountrywidel)fficers;\tozilc.lI1d
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OJ en E 14 purported "fraud" and accused Countrywide of the "::orruption ofJudl~e Connor's court,"
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'"ce~
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16 and J uJge Connor." /.crnik' ~ emall included mer fifteen (Iuestions to ~\ tozilo and Samuels
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17 regarJing Count.t:'\vidc's alle~cu "fraud" anu demanded that J-,lozilo and SamueL pnlvicc him
18 \vith a "full explanation of your conduct in this case." Zernik also admitted that he nad
19 previously contacted Samuels "throu,sh his position at Bet Tzedek," th,: chantabk
20 organization where Samuels serwd a~ Chairman of the Board of Directors. Rcfll'ring tl I the
21 Court Order, Zernik stated that "it appeared that such order was inJced issued to y' III Ih
22 Judge Connor." ,\ true and correct copy of the email is attacheJ heretl' a~ Exhihil K and
24 13. In response, 1 emailcd Zernik on November 1,2007 and lDfomled him that he
25 was in violation of the Court Order and demanded t1': at he desist from \'iolanng HS ~em1S. ;\
26 true and correct copy of the email is :1ttached hereto as Exhibit L and incorporated herein by
27 reference.
28 SMUI[)()('S6574337 20
COUNTRYWIDE'S Mofi7)N TI) FNF{ij~Cf; PRI'irECTIVE
OlWER AND FOR SANeTI ]~,s AND FUlt ,\ urc) ,1,RA TION
AND FOR A>J ()SC WH',' DfTF\DAl'. r SH8ULr> NOT BE
HE DIN C['HEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 27 of 35
14. Zernik emailed Samuels and Mozilo again on Novembel 1, 20n7, entltling the
2 email "VTOLATION OF COURT ORDER? \VHAT COURT OlU)ER?' and attested: "it is
3 difficult to belicye it ever existed." Z,ernik accused C:)untrywide, as wdl as the Scpcrvistng
5 Zernik added that he '\vould be glad to receive Mr. Samuels' response regarding the other
6 instances of fraud and deceit :>erpetrated against me." A true and corr'~ct copy of the ('nail is
9 letter insisting that he refrain from Yiqlating the term~ of the Court Orcin, and staljng that if
10 Zernik continued to violate the Cour: Order, Countrywide would seck all a\';lilablc remedies,
II includmg sanctions. i\lso at fly direction, we served Zemik with a nutcc of ruli[\I~' attm. hing
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12 the minute order which confums thaI the Court granko Country\vidc'~ motion anJ th;lt the
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Cl ~ g
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~ (/) "E 14 arc attached herctl> as I':xhibit N and incorporated ht'Tin hy reference.
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15 16. On Non:mber 3, 200? Zernik again emailed Mozilo and ;::;amucls. /,crmk's
~om
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16 email demanded that ,'\lozilo ~:IlJ Samuels respond to his allegations of "r-raud" ,'vi thin three
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17 days. Zemik questioned i\[ozllo and 3amucls with regard to the plaintir"f\ "fraudlilcnt loan
18 file" and a Countrywide employee's "fraudulent declarations." Zcrnik again referenced the
19 "corruption of Judge Connor's court by Countrywide." Zernik stated: "!(lr me, or CUllr.;,.:, this
20 \vorId of fraudulcnt and corrupt judges is new. But I :,omehow suspect rnat it is 11, )t the case
21 with you!" ,\ true and correct copy of the email is attached hereto as Exhibit 0 and
23 17. On NO\'Cmber 14, 20( P (though erroneously dated Novunber 15, }U(t7),
24 Zemik again emailed 1\lozilo ;lm! Samuels. Zernik complained that Lour11.IJ'\vide <lerome,s
25 had failed to provide answers to all of his questions ard once aga.in aecu:,ed Coumty\\-itk of
26 conspiring with Superior COU11 judgl~:;, asking '\vas it lust silent understanding bet',vct:n t\\'O of
27 a kind?" Zcrnik claimed that Country \vide's conduct in this matter "epJ1:omizcd the
28 SMOI DOCS657433.7 21
COUNTRYWIDFS \10T16N TO(::-"IF6~~6-PR(l:f f~CTIVE
ORDER AND FOR SA.NCTJ( .~jS 4.ND FOR ,l. DECUJ<A flON
.\ND FOR AN OSC WHY DE!'!' 'JDAJ\T '.fHOliU> \lOT BE
Hr. >IN CC'~'TEI\1PT
Case 05-90374 Document
.,.....,..,...
260-13 Filed in TXSB on 05/08/09 Page 28 of 35
corruption of L\ Superior Courts." .\ true and corre·::t copy of the emajl is attached hereto as
3 18. On December 2, 2007, Zernik emailed J\lozilo and Samuels dirccd:\, [n the
4 email, Zernik demanded that M07:ilo and Samuels amwcr numerous llucstions ahc 'L1t
5 Country'-vide's invoh'ement in this matter, and once ::gain accused Countrywide ,)f bein,f~
6 complicit in fraud and deceit. Zcrnik also demanded an immediate retnction of all
7 documents CountI)"-vide has filed in [his case. Zerruk demanded that MozJ1() and ::-;;tmuds
8 provide him with responses to his questions \vithin t\:.'0 days. i\ true and corren copy (.f this
10 19. On January 9, 2008, Zernik again violaled the express terms ot the" :()urt )rder I
11 by contacting i\!milo and Samuels directJy. Zernik emailed the COllntH\\ ide ()fficcr~;.
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12 attaching what he c1aimnl to be "hf' Countrywide documents that he held to be
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(")'t 13 "fralldulcnt." /.crnik referem ed a Jmuary 8, 2008 New York Times arric1c abOUT
Q. CI> 0
-1'3 ~
~ en "E 14 Countrywide and Country\vide's "subsequent drop in share pnce" and -tared thai ;\!ozilo and
~ ~g
03'"
cuU 15 Samuels would want to "rn'inv Itheirl stand" on the issues surrounding (:ountrywide's
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00 16 motion prior to thcJanuaq' 11, 201l!) hearing. ;\ tme and corn~cl copy :lftlm emaIl i~
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17 attached hereto as Exhibit R :IDlI incc'rporated herein by reference.
18 2IJ, ()ne of Zernik\ atrachmcl1ls to hiS January 9 email wa:; ;111 adduionallcttc,' to
19 Mozilo and Samuels. In the kttcr :!'ernik claimed thar "events thIS week led me t<; belic\ e that
20 you would possibly change your stand 00 the matter below, and finallv -,[oP the red estate
21 fraud and litigation fraud conducted against me (hrough Couot!)"-vide f-audu1cnt Jocunwnts."
22 Zernik's email also attacked trc judges of the Los .\ngeles Superior COlHt, bbelill f :J Udgl
7"
--' Segal as "dishonest" and clairrcing tha: the alleged discrepancies in cour' documcnl.; in thiS
24 case were "classic Connor," rc fcrcncing Judge Jacqueline Connor, who entered th(" protective
25 order against Zernik. I'.ernik demanded a response to his letter by S:(J(I pm the sarac day. 1\
26 true and correct copy of this letter is : ttached hereto as Exhibir Sand lIlcurporated hen:il by
27 reference.
28 SMOIDOCS657433.7 22
--COlfNTRYV,M'S \1011')~wTNF61~:~-PROi'FCTlVE
ORDER AND FOR S'\NC n(I'I~ .'\ND FOR ,\ [)t:U.Al~A nON
.\ND FOR AN o~c WHY rHTf'iD'\NT 'rlUULD \lOT BE
!If. ) 1'1 cot'- TEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 29 of 35
2 copied over 50 people in the local Je.vish community, including severa Rabbis and lemple
3 employees. The email was entitled "\10ZILO AND SA:YIUELS ARf-' COLLUDING IN
4 REAL EST;\TE FRAUD, MORTG AGE FRAUD ,\NO FJ\X/\'(!IRI: FR.\UD
5 PERSONALLY, KNOWINGLY f~ND DELIBERJ,TELY!" The emaIl st,ltCS riLl! t\Io;-ilo
6 and Samuels "arc colluding ir the theft of my home 2nd e(~uity, through the tIling of
7 fraudulent documents in court." Zernik also created and s.ent a mock Inyitatlon [I) a Bel
8 Tzedek charity dinner, makin,~ libelous statements ab:mt Countrywide :ltliccrs, ({)unt~n.vide
9 in-house counsel, the appointed recever in this case, and claiming that C(luntf)'\\'iJe "a\'oided
10 discovery." Zernik also stated that Judge Terry Friedman was "a fornw.,.- Bet Tzcclcl;
1I Executive" \'vho "refused to disyualify himself' in thh case. ,\ true and correct u 'p\' of Ihis
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12 email and invitation is attached heretn as j':xhiblt 'I and incorporated k:rein by t(·j·creno·.
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",.q- 13 22. I attended a hearing i~ this matter on J:lOuary 11, 20il8, \'.d1ich is when the
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15 on this motion, I.ernik djd address trc Court at that time lind made SC\ eral false
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17 surrounding its issuance. Lemik fabely stated that the only person he C'lntaeteo ,Jt
18 Countl)'\vide other than ~andJr Samuels and Ange:to \lozilo was Country\vldc's .: llstodian of
19 Records. Zernik also falsely stated that he had contac ted Sandor Samu,Js only in 'll:~ car-a city
20 as the President of Bet '1'zede:,'s Board of Directors. Zernik also [llsel'/ stated to the Ccurt
21 that Countrywide had not provided him with noticc of the Protective ( )rdet.
22 23. Country'\\idc W1S forced to incur legal fees and costs in r,:spondin;J to I.c:rnik's
23 numerous emails regarding th:, Court Order and in vi,)lation of such ord ct.
24 (a) I haH spent ap)roximately seven (7) hours revie\\ing, dn fting, di~;':llSSlOF and
26 Counuy\\ide and to those communications in violaricn of the Court O-det. ,I ha\'<.' been
27 assisted in these efforts by Jenna ~loLia\vsky, an attorney working under my clirel 1.10n, j\ fs.
28 SMOJDOCS657·B37 23
J\foldawsky has spent in exec,s of 3.3 hours reviewlnl s, drafting and preparing respc.nse~ to
2 Zernik's communications regarding Bryan Cave's representation of Countrywide :md th· )se in
3 violation of the Court Order.
4 (b) As a result of Zernik' s violations of the Court Order, Cc: untrywid( WitS aJ:;o
5 forced to file this motion to enforce the protective Older, for sanctions, for a dechraciofl from
6 the Court, and for an order to show cause why Zerni:( should not be h~·ld in cont•. mpt (the
7 "I\.lotion"). i\ total of at least 36.6 hours has been sp':l1t on this i\fotiun and suppoJ'tmg
8 papers by the law'yers, of which I spent more than 5.:, hours. Furthermore, J rei ;.>nably
9 anticipate spending 0.5 hours reviewing Zernik's Opposition brief, and \vill spend
10 approximately U.5 hours re"ising Countrywide's Repl? brief. 1 also anticipate spending
11 another 1 hour preparing for and attending the heariLg on this i'.fotion
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12 (c) I have been assisted in this I\.lotion by f,fs. i\loIJawsky. :'!s. !\lold:l\v~ky h 15
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(')'<1" 13 spent in excess of 3] 1 hours drafting and preparing this I\.lotio!l, whICh includ<.'~ drafting and
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Q) (/) E 14 re"ising the Notice of 1\lotior and f\btion, the Meml,randum of Point; and ,\uth, Intil's, and
~ ~g
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CTIU
III III
15 the Proposed Order. I anticipate tha i\ls. I\.foldawsky will spnld appru:l.lm'Hc!y ~~ hl,urs
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16 re\'ic\vlng and analyzing /'ern.k's Opposition, and conductmg legal r('scHeh. I fmrher
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17 anticipate that 1\ls. 1\1oldawsb \\'111 ~pend approximately 5 hours draftin,l!: and rC\·I~;ing
18 Countrywide's Reply brief. l\ly billing rate for this JTI:: tter is $471) per h lut and 1\b.
19 Moldawsky's billing rate for this malL:r is $225 per hcur:\Iy hourly race of s,no '{ l4.5
20 hours ::: $6,K15, combined wirh 1\15. ;',Iolda\vsk)"s hourly rate of $225 x ·-11.-1- hours ::: $9) 15.
21 Additionallv., ,. the filinv. fee for thi~ \[otion is $40.00. Thus, Countrywide
'.) . \vill incur :11 lea '\"
22 $16,171) in bringing this I\.loti(,n and i::1 responding 1:0 Zerruk's cornmuncations n~:,~:1rding
24 Coun Order.
25 III
26 III
27 III
28 SMOlDOCS6S7433.7 24
COUNTRYWIDI', ~10'1~:)t\ TOl:NFC)ki:TpRo'iE"CIWE
ORDER AND FOR SANCTK'N~ -\NC FOf: .t. DEc·L.UATION
\ND fOR AN 0';(" WHY [)(TF';DANJ ~:lI' IULO 'JOT BE
HEL~) IN CU'JTEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 31 of 35
24. Countrywide reserves ':he right to seek reimbursement 0 f addition:!, legal ~~es
3 I declare under penalt:l of ptriury under the laws of the State of California dlat the
6 ~/'
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28 SMOI DOCS6~7433 7 25
COUNTRYWIDE' ') t-.10l'iC)N l()ENFi:;itCI:-PR6'i'I:CTIVE
OI~DER AND FOR SANeTI,',,"S AND ro~ "DECI,' RATION
AND FOR AN OSC WHY UH !.NDAN' SHOUl r; NOT BE
!HID IN CO'JTEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 32 of 35
5 personal knowledge of the facts sct t~Jrth in this declaation and could c:ompetent. y ':csti t~y to
7 2. In ~larch 2U07 Defendant Joseph Zemik ("Zernik") sent llutneru .I:; ('!nails and
8 left various Yoice-mail messat;es fur ~.larida Garcia, a paralegal in CuuHrnwidc\ l:gal
9 department and a custodian cf records, demanding thaI she comply \Vd1 hi~ d(lCI.lt1lCnt
11 directed personally to (;arcia, [ cmaiLd Zcrnik and ad"iscd him Ihat si1llc COllnrn'widc and
12 its employees are represented by counsel, I.ernik should direct all commUlllcatl011 to me .\
true and correct copy of this l:mail is attached herem as E",hiblt L: and 11lcorP()f;I:cd herein by
14 reference.
15 .1. Zernik replied '[ia emall that if i\1s. (;~l!cia supplied her all,of11l'\"s email addr<:ss,
16 he \vould fOf\vard communicatiuns to her attorncy. In his cmnil, I.crnik also rhrcatellcd \1:;.
17 (;arcia with "consequences," lneluding her para legal license and ('\'(:11 S .l~~gested ~hc retain her
1g O\vn attorney. :\ tme and correct copy of this email i;; attached hereto lS E:\hibil " :md
20 4. On March 28, :!007, I ~ent Zernik :mot!er email, spccificilh' stating "I
21 represent 1\1s. Garcia, and I af;ain relt,:rated that any communicatiom to CountrY\\'idc or ib
22 employees should be directed solcly to me." ,\~ruc and correct copy of this email is :ltt:lched
23 hereto as Exhibit Wand incorporated herein by refcn:ncc. HO\\c';er, '.11 :'\larch ::~9, 2007,
24 Zcrnik left several voice mails for ~f:.;. Garcia rehting '0 the litigatJon.
25 5. Zernik sent a letter to me on 1'-1a1'ch 29, 20(0, copymg nol (,nly i\briela (;arcia,
26 but also ;\ngelo 1'-1ozilo, the (hairman of Countrywide's parent Clllnpall\, Count 1';\\'lde
27 Financial Corp., and Sandor Samuels, Countrywiele's Chief Legal Officer ,\ true and (lneet
28 SMOIJ:XX,·S657433.7 26
COUN fRYWIDE'S 1\1011;:"N f()ENI'::~~'~I:I)R(i:i(TIVE
Of.DER AND FOR SANCTJ():'~ A'i[) FOfI .\ PECL,\RATION
AND FOR A'oJ PSt' WHY [)EH N DANT -,HOULD t'OT BE
HI L 01\ COiHEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 33 of 35
1 copy of the letter is attached hereto as Exhibit X and incorporated herein by reference.
2 G. I am informed ,md beLen that Zemik also contacted t\v~) indivlduals in the
3 CounU)'\vide customer serviCt~ department, Nathahe Quesade and ;\h-lna Baylis~, and
4 attempted to interrogate them and er:courage them te, make various ad ni~slons :Ibout
5 Coumr)"vide's business practices. ,\round this Time, [ am tnfonned :1OoJ believe lhat Zemik
6 was leaving daily \'oicemalls for M~. (;arcia, sometimes several each da::. /'crnik als+) lef me
8 7. I am informed lnd bcJiew that prior te late ~larch or early .\priL /..:m.ik
9 repeatedly called Diane Frazi{ r, a Fonner Country\\id~ underwriter, about the sllbect matter
10 of this litigation. I am informed and believe that Zernik told Ms. Frazia that he f~ad d01le a
11 background check on her, and told hl~r that he knew (ertain things ahout her thal m:Hk1er
to
co 12 uncomfortable. I am informed and believe that Zernlk called \Is. [-'razln's humt S<,
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f')"¢ 13 frelluently that her husband had to linnly demand tkt Zernik never CL ntac t rhem aL;ain.
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Q) en E 14 R. In response tol.ernik\ continued hara~sment of Countf\-widc t'mplo\'Ccs.
~ ~g
(j~ni
c..,0 15 sent emails to /'ernik on ;\pril 2, 21JU7, .\pril 13.. :Z007, and .\pril I(), 2{H!7, ag:un a~;kmg hm to
'"~oni
'"~ 0
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00
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16 communicate solely with me 1egarding all matters rclaing to this case. ['rue and '-<)UCCI
'"
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17 copies of these emails are attached hercto as Ex hibit '{ and incorporated he!'cin i:,~' reference.
'"
(/)
18 On .\pril 14,2007, Zernik spcciflcally demanded to meet \vith i\laricla (;arC1a rer:;o,ully
20 it \vas "disgusting," and that he was "appalled" by the my request that /ermk continue an e.'\.'
21 parte hearing for one day so that I could attend a Pass·wcr Seder with mv family. /:crnik also
22 berated Samuels' religious practices a:; "disgusting" as well. 1\ true and correct «II'!' of t lis
24 10. On June 23, 2{)i)7, Zernik emailed .\ngdo I\J OZ1)O, Chainnan of c.'lJIJ1J;.·wlde's
25 parent company, Countrpvidc Financial Corp., demanding that he personally cn~\.Lre tha
26 Zernik receive a declaration regarding the production of document:,-. ()n Iune 25, 2,;)1)7,
27 Zernik cmailed Sandor Samuds, Countr)'\Vide's (!ltef Legal Officer, demanding the Sam.:
28 SMOJOOCS6574337 27
- - COUNTRY\' J5i~s !Y1U!j-:I!\ T() ENF'::'F~-CYJ'R6::f:cTIVE
OI~DER AND FOR SANCTJi~'''~ A~Jl) FOfl .\. llECL!\RA TION
AND FOR AN OSC \VIlY DFHNDAN r ',IlUULD NOT BE
I-II::~ D ]!\. CO";TEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 34 of 35
relief. True and correct copks of the emails are attached hereto as Exhibit ;\A :Jnd
4 Shusterman, questioning Sarr.uels' commitment to fighting real estate h:IUd and .lOoking lOr a
5 declaration regarding Coul1tt:T\\'idc dDcuments. 1\ tnle and correct cor')" of the c rnail is
6 attached hereto as Exhibit AB and ::ncorporated herein by reference.
7 12. On or around_ une 27.2007, I am infom1cd and believe that 7:ernik Jeft a ktter
8 for Sandor Samuels at Bet T7edck, II charitable organization where ~am ucls ~enc, as
9 President of the Board of Directors. Zernik again \vtote to \luzilo (Jnl! :";~lInueb on June 29,
10 2007. He copied Rabbi Jonathan Be~nhard, Rabbi Joseph Shusterman The I·lonor;lble R.
II William Schoettler, and "others in th,:, legal and Jewish commllnity in I.()S . \ngek:;"· Zcrnik
<D
co
(")
12 claimed that Countr\'\\;de had eng:l~(~d in wire fraud md that Countll'wldc had \\·Ithhekl
J ol '_
";'
o~
0
n"¢
0
13 documents contairung "incrininating in fOnTI(J til)n'" \ true and c()rn~c- copy ()f 1he ematl is
~$g
-l.-
~ ::J.~
eu en E 14 attached hereto as Exhibit AC and incorporated herein bv reference.
>
n3 >-- 0 °
o~"iii
cuO 15 13. On July 4th, Zernik sc',! two email:; containing p(}tentiall> \iIK'lou.; ,t:ltcrncnts
'"com
'"
~
CD In ·c
0
00 J6 in a purported press release to undisl\osed recipients, \\;th a COP\' Tn ~;lI1dor ,:)amucls. The
~::2
'"
C
'"
(f)
17 subject lint' of the emails states: "PU':ASE "\SK SANDOR S. \\1 U EL~, TO STC() RE.\ L
18 ESTxn·: FR.AUD." The emails continue with an apparent press rcka-c, s((Jting in part:
19 "l"()J{ 1.1\11\II-':D1:\'1'E RELE/\SE" ;lIld "CountJywidc's 1\lozi11) and Samuels CopO]plicir 111 Real
20 Estate Fraud." The press release falsely asserts that "the fraud was c()flmittcd b;' cl,llus:on of
21 Nivic Samaan and Maria Mclaurin, Countrywide granch 1\lanagcr.o .1\Jcj .aurin and Sam Ian
22 also colluded in Mortgage Fraud att,~mp( and in Wire Fraud." They aJJ th:lt "~I,jJ:lurin also
23 prubably personally approved about $0.5 billion per year (1) in grossly fraudulent p)\"(~rt1 nent-
24 backed loans." The emails specitlcally mention Samuels' invoh-emcnt \lO! only with Bet
25 Tzedck, but also his position ..vith the Ziegler School for Rabbin.ical Studil:s. I am informed
26 and believe that Zernik sent the allcg,~d press rclea~;es to at least one ml~:mbcr of Be! Tzcdt:k's
27 board of directors as \veil as ethers :,n the legal :J nd financial c()mmunitl'~·s. True .ll1d correct
28 ~MOI DOCS657433.7 28
- - COUNTRYWIDE'S MO 'ii:lN 1 () ENFtijicT PR6i1i'TIVE
Ol:DER AND FOR S~.NCTlt .I"lS A~JI) rm' -\ DECL,\ RA TlON
AND FOR AN OSC WH'o DEFENDAl'r SHOUl [) NOT BE
lHID IN (I'" TEMPT
Case 05-90374 Document 260-13 Filed in TXSB on 05/08/09 Page 35 of 35
copies of the emails are attached hereto as Exhibit1\D and incorporated herein by rd~:rcnce.
2 14. On October 19, 2007, Zernik called me and asked who was representi ng:
3 Country'N1de. I responded that Countrywide was reprc:sented by Bryan ewe and to d.teet aU
4 communications to counsel as required by the Court Order.
5 15. On January 1;~, 2008, Zemik. emaHed Sandor Samuds, referring to Judge Terry
6 B. Friedman as Samuels' "frend," and alleged that Countrywide had supp~icd Zernik with
7 "fraudulent documents." Zemik cl:u:ned that the documents in the loan file Country,,;;;de
8 produced was "the product .)f a fax/wire scheme." A true and correct coPy of tbe etr,ail is
10 I declare under penalty of pet jury under the laws of the State of Cali Fomia th:H (he
a.",g
o~
0 0
",,,, 13
f ,.. ---_
TI~ A. Boock
-J~. \ .I
_._' -----~.-----
~ U)'E 14
~ ~g
U~Oi
C"OO 15
~e~
10 co 'c
16
00
.
~:;;
c<0
en 17
18
19
20
21
22
23
24
25
26
27
28 SMOllX>CS657433.7 29
-(;OUNTRYWlDE'S MOTlOI' :'0 ~f()KCE--I)jmrEcn'yE
ORIIER AND FOR SANCTIONS AND FOR A DKLARATJoN
.AND FOR A.N OSC WHY DHEI\DANT SHot LD NOT Il E
HELD iN :~ONTEMl'T
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 1 of 35
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 2 of 35
22
Countrywide Home Loans. Inc.'s CCounuywide'') Motion for a Protective Order (th
23
"Motion") came before the Honorable Jacgueline A. Connor in Dcpannent WEI of the Los
24
Angeles Superior Court, West DIstrict, on July 23, 2007.
25
Having read and considered the Motion and :tll papers submitted in supp"rt Ihereof
26
and in opposition thereto, a:1d having heard and comidered the argument of coumel, and
27
good cause appearing,
28
SMOJDOCS\64400J.I
[PROPOSED] ORDER
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 3 of 35
7 Dated:
8 Han. Jacqucline .A.. Connor
Judge, Superior Court of Calif()lllja
9
Prepared and submitted by:
10
21
Attorneys for Countrywid:: Horne Loans, Inc.
22
23
24
25
26
27
28
SM(lIOOCS\(M()()l.!
_~ ~_~ __ ~ . 2
[PROPOSED] ORDER
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 4 of 35
TENTA11VE RULINGS
SAMAAN v ZERNIK
PROTECTIVE ORDER and MOTION TO EXPUNGE US PENDIS
JULY 23, 2007
The motion of defendant Joserh Zemik to expunge lis pendens is DENIED. Defendant
has failed to establish that the Court's previous ruling on ;~ovember 9,2006 was based cr
fraudulent or false evidence pr~sented by plaintiff. Defendant has also failed to show thaI
the lis pendens was not proper] y served. Counsel f()T plai:1tiff is ordered to give notice of
this ruling.
The motion of non-party Countrywide Home Loans for a protective order is \.JIRANTED.
Defendant Joseph Zemik is directed to communicate sole:y with Countrywid,~'s
designated counsel, Todd A. Boock, and no other officers or employees regaxdling lhe
present action. The proposed order is signed and ejfectiv,~ as of this date. C< 11HlSC I lor
Countrywide is ordered to give notice of this ruling.
In this case, defendant moves to expunge the lis pendens arguing that plaintiff cannot
estahlish the probable validity Df her claims. ZERNIK as;erts that plaintiff f•.ded to
timely remove the appraisal contingency which ga\'c him the right to cancel the escrow.
He further argues that plaintiff's opposition to the prior motion to expunge W.l$ based on
fraudulent arguments and documents. However, the declmatiolls and evidence provided
by plaintiff continue to raise a :J.uestion as to whether ZEENIK had suhmitteo a fully
executed copy of the Purchase Agreement to Mara Escrow as of October 22, 2004. The
documents submitted by defen:lant simply do not establis:1 that plaintitfhas engaged! in
any rraud or failed to properly serve the lis pendens on him. Again, there are 1too lIlany
factual issues that cannot be decided here, includin!~ whet 1cr SAMAAN was "ready.,
willing and able" to proceed with the purchase of the prorerty. Therefore, thl~ motion to
expunge lis pendens is DENIED.
litigant appearing in propria persona is generally held tc the same restrictive IUle~; and
procedures as an attorney. tt.e rules of civil pr()C{:dure nust apply equall y to parties
represented by counsel and those who forgo attorney representation; such a party is to Je
treated like any other party and is entitled to the same, t ut no greater consideration tha1
other litigants and attorneys. (Rappleyea v. Campbell (1994) 8 Cal.4th 975. 984-985~ :;ee
Barton v. New United Motor Mfg. (1996) 43 Cal.App.4th 1200, 1210.)
(f
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 7 of 35
~
_.,-----_._--'-]
MINUTES KNTEREO
1 of 4 DBPT. WEI 0'7/23/07
COUNTY CL SlUt
---------------_..-
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 8 of 35
---·------·-l
lUNUTES :1':N1'ERED
:2 of 4 DEPT. WEI
C 07/23/07
COUNTY CI,ERK
- -~~._----~_._----.-,--
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 9 of 35
[
~~-[NTY.-r-E-S-~~~mFJ'
Pa~e 3 of 4 DE:?T. WEI 07/23/07
COUNTY CI,ERK
-------=---- - -- .
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 10 of 35
DATE: 07/23/07
COUNTY CJ:'E RK
-----------.---_.. -
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 11 of 35
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 12 of 35
. --_._-------- --------------_._-~
6 PLAINTIFF,
CASE
7 VS. tJO. SC!H174 J-:)
8 JOSEPH ZERNIK,
9 DEFENDANT.
10 ---------------_.
13 APPEARANCES:
26
--------------_._------
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 13 of 35
1
----._--------,----
3 JOSEPH ZERNIK
4 SANTA MONICA, C~.LIFORNIA MONDAY, JULY 23, 2007
14 HOME LOANS.
IE> THE COURT: OKAY. G1WE OUT THE ... I ,"\.1'1 SOPRY,
17 MR. AMBERG. IS THAT YOU;'
._-_.-_._---
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 14 of 35
2
---_._----------
3 GRANT.
9 THE TENTATIVE.
18 HEARD?
20 TENTATIVE.
25 IN PROPER FORM?
27 THAT I CAN'T
_._------_._---
..... '---
.
""~.
.
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 15 of 35
3
----._-------_._---
1 ALSO.
7 PLAINT1FF.
18 OF IT.
"----------,---
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 16 of 35
4
----._--------_._-~~
5 OBJECTIONS.
IS DOING?
--------_._----
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 17 of 35
5
- - - ------._ - ..
3 IT AT THIS POINT.
6 yOU.
11
12
13
14
]5
16
17
18
19
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26
27
28
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 18 of 35
.---_._---- -----_._---------_._-----..,
5 NIVIE SAMAAN,
6 PLAINTIFF,
CASE
7 VS. NO. ~)~:087400
8 JOSEPH ZERNIK,
REPOHTER'S
9 DEFENDANT. CERT:: F ICi\TE
-------------_._--------
10
11
1 'J
20
21
22
23
24
25
26
27
28
--------------------_._---
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 19 of 35
-
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 20 of 35
Oct 2, 2007
Att Moldawsky
Att Amberg
BRYAN CAVE LLP
On Sept 10,2007, in pro per, I served Judgt: Connor with filing per CCP s 170.~ •. The cia 11\15 listed th ,'re ~'mounted
to wilful misconduct, subversion of Justice, and fraud and deceit. Much of it was about the treatmenl of
Countrywide and Bryan Cave J.r.r attorney~; in COllrt, in violation of due rroces:; of the la'.
Connor look off for over an hour to her chanmbers, then announn:r1lhat she ",as nol adll11tlUlg any r,f my claims,
but recusing herself on her own lnotJon per CCP s 170.3(c)(2). Given the Jlaturl~ of the cl:llms, (oono\ re~ponse
was shon of a reasonable effort by a judge 1:0 defend her integrity, wh,~n confronted with c1aum of vl'nal, criminal
corruption.
One of the problems left in the :JflC'nnath, i~ a corrupt court file. One of the claims W:1S tl ':, ( Connor dehbeJa~dy
created a court file that would not disclose the scope of the involvement of Countrywide in this jitJgatl:>n. 1\t times
attorneys for Countrywide were listed iin Minute Orders as attorneys for phintif:', other tJnws
- as attorneys for defendant, but hardly if ever as attomeys for Countrywide. I am trymg to fix that no')/. and I am
writing to ask for your help, to make sure tIut the record IS set right.
What do you consider 10 be the correct tcrm for Countrywide in tllis liligation? Non-Party" Jnterven()J"? OtJ-,cr;)
1) Jjscing of any and all names of attomeys who p:lrticipated in this litigation on behalf of I. :()unt~y\v:id(
2) Listing of all filings entered by Countrywide in thIS litigation
3) Listing of any and all ex parte conunuruca;jons t.hat led to the mitial ex parte appearance IrI court and allowed the
unusual scheduling, and listing of that appear:mce
4) Listing of any and all ex pane communications that lIlay have been transrnittccllater in litig:ltion
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 21 of 35
5) Listing of any and all appear 1 court with date and name -of atton.
Joseph Zernik
Defendant and Cross-Coplainanl
in pro per!
2
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 22 of 35
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 23 of 35
Moldawsky, Jenna L.
----~_:.....----------------------------_._--
From: Amberg, John W.
Sent: Tuesday, October 02,20079:17 PM
To: 'joseph zernik'
Subject: RE: Samaan v Zern\k
Dr. Zernik,
We decline to get fmUlcr IIlvolvcd in this matter. 1 am sorry, but I Clnnot help you.
John W. Amberg ,;
-----Origmal Me;sage-----
From: joseph zcmik [mailto:jzI2:H5@earthlink.nct]
Sent: Tuesday, October 02, 2007 5:57 AM
To: Moldawsky, lenna L; Amberg, John W.
Subject: Samaall v Znmk
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 24 of 35
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 25 of 35
Todd Boock
Sandy Shatz
Sandor Samuels
LEGAL DEPARTMENT
COUNTRYWIDE
Jenna Moldawsky
John Amberg
BRYAN CAVE LLP
Counsels'
On July 9, 2007, and else, I received from Bryan Cave, LLP, threat'ilning 1e11ers, with demands to cease and desist,
dliming thaI aU communications ....ilh COUllllywide' must be conducted through 'nem and through them alor ~~.
On July !~, 2007, Countrywide. out of compliance with the law, but with full cooperation (If the corrupt Judge Connm LA
Superior Court. appeared ex parte to seeI: a wide range of restrictio,)S on my free speech. The papE!rs filed irl
Court were incflC3tive of personal irvolvement of sandor Samuels in this matter.
Qn July 12. 2007, I served the corrupt Judge ConrlQr with filings to ,flSQualify her pursuant to CCP 1'1() 3. She de.:;(:itfuUy
dedared them a filing pursuant to GCP 170.6 (peremptory stnKe), therefore untimely! She then went on with
business as usual! The claims. arrounting to corruption ofltle Court, hinged largely on the fiber\)' shE' alklwe-l
Countrywide in court, out of compliance wittl the law, and in total disrl~ard of my ConstiMi0n3l rl<]hts
On July n, 2007, Countrywide again apP'~red in Court, and sought again a gag Ofder, this time /TlOfl~ hmiled in so:ope -
that I may not cornmunicale with a:)y Coun1ryviode emptoyee~. on." with Countrywide Counsel:; - Bryan Ca~'f. LIP
On Sept 10, 2007, 1again served the cormpt Jud!~~ Gonf)()( with filing to disqualify her, pursuant to CCP 170.3. Ar»:1
again, the latitude that she allowed :ountryvroe in Samaan ~. Zemik, out of compliance with !tt«! laIN, and in
disregard of my Constitutional right~;, was a central claim in the filing. Connor t()()l( over an ho'Jf to review the 1i1ing.
anj then announced !hat she did not admit any of the claims, but recused her selF.
On Odotoer B, 2007, I submitted a complaint to the Judidal Councif of Califcmia, tilled: Eleyond Financial - CJunlfywi:fe
and ComJption of the Court inr-,L~A'.-. .
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 26 of 35
On October 10, 2007, just a few days ~IO, the C::lurt (Department 0, JUdqe SegaQ in the Minute (lrjH, also ~sled Bryan
Cave, lLP as Counsel for IntervellorC.ounlrywide.
On October 15, 2007, while serving Jud~~ &.-gal for his disqualif1C3tion, pllrsuant to CCP 170.3, I asl<:ed ttB Judicnl
Assistant (Clerk) Alma Mora about the addressee list in the Minute Order of OdJber 10,2007 She Hxplair'\,d to rnu
that as long as no substitution documents were received in GOUlt, Bryan Cave and others, listed as address~~e::;,
were all held as Counsels of Record.
QIl.Ql:;!.Qber 2,2007, in response 10 my inquiry, se-nt only the foDowing:
·We decline 10 get further involved in this lTiatter. I am sorry but I wnnol help you·
After that Bryan Cave entirely stopped re~;ponding Neither did I gel a msponse from Todd Boock.
If Countrywide needs additional time for (; good fuJ\h internal nvest,galion. please let m~ know.
Joseph Zemik
• Counlf)"Nide here denotes CFC, Inc, an,j a' Its affiliates and subs.diaries, jointly andlor severally
CC:
Moldawsky, Jenna L.
,;,;,;";";,,;,;,;,~~~_,:,,,,,_---------,--------------,------'-_
From: Amberg, John W.
.._---l
Sent: Tuesday, October 16, 20076:32 PM
To: 'jOseph zernik'
Subject: RE: TIME IS OF THE ESSENCE. RE: Samaan v Zernik
Dr. Zemik,
Your emailed letter dated October 16, 2007 and addressed to Sandor Samuels ar. d Angelo Mozilo IS 1 ·vi( ,Lujon of
the Superior Court's protective order daled .'uly 23, 2007 which ordered you to communiute soldy wilh
Countrywide's designated counsel, either Todd Boock and Sandy Shatz of Coufi'l)'wide's k;!;al dcparunclIl or Bryan
Cave LLP. The Court's Order was effectiv(: immediately, and remains in effect. By email to you on OClo::}er 15,
2007 at 1: 19 p.m., I confirmed that our law J1rm continues to represent Countrywide, its suhsldi:uies, and its
employees, so there was no question that Country,vide and its employees arc represented hj' (:ounscl.
The terms of the protective order are clear and unequivocal. You arc not tIl communicatc with the cfliccr:; I)"
employees of Countrywide, and are to confIne YOlU communications to designakd counsel. ·lulS email stl2.11 serve
as written notice that if you violate the Court's Order again, we will seek aU avaibble remedies againsl yotl induding
monetary sanctions and contempt.
John W. Amberg
-----Original Message-----
from: joseph zemik Imaillo:jz1234S@carthlink.nct]
Sent Tuesday, October 16, 2007 7:49 AM
To: Amberg, John W.; Moldawsky, Jcnna L.; Todd_Boock@Counrrywlde.Col11;
sandof_samuels@countrywide.com; sandy_shatz@}:ountrywidc.com; angcl<)_ll1ozI!U((l)UlU 11Ilywidc.c.) til
Cc: Paul Malingagio
Subject TIME IS OF TH E ESSENCE. RE: Samaan v Zernik
T
_.
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 30 of 35
-----------------------------_.._------------
Mr Amberg:
Joseph Zcrnik
>AttAmberg
> BRYAN CA VE LLP
>
>Ms Mldawsky, Mr Amberg:
>
> I have not seen any substitution letter from you. Do you represent erc,
> Inc and!or any of its subsidiaries and affiliates jointly and!or
>severally (Countrywide) in Samaan v ZenUk SC087400?
> Have you been removed from representa tion?
> If so, when?
>Who is now representing Countrywide in this matter?
>
>Joseph Zemik
>
>CC: Todd Boock, Countrywide
>
>At 09:16 PM 10!2/2007, you wrote:
> > Dr. Zernik,
»
> >We decline to gel further involved in d~s matter. I am sorry, but I
> >cannot help you.
»
> »oho W. Amberg
»
> >-----Origlllal Message-----
> >From: joseph zemik Imailto:jz12345@carthlink.netJ
> >Sent: Tuesday, October 02, 2007 5:57 AM
> >1'0: Moldawsky,Jenoa L.; Amberg,John W.
> >Subject: Samaao v Zcrnik
»
> >Oct 2, 2007
»
> >Att Moldawsky
> > Att Amberg
> >BRYAN CAVEILP
»
> > Ms Moldawsky and Mr Amberg:
»
> >On Sept 10,2007, in pro per, I served Judge Connor with filing per CCP
>
> >s 170.3. 'lbe claims listed there amounled to wilful misconduct,
> >subversion of justice, and fraud and deceit. Much of it was about the
> >treatment of Countrywide and Bryan Cave UJ) attorneys in court, in
> >violation of due process of the law.
»
> >Connor took off for over an hour to her chanmbers, then announced that
> >she was not admitting any of my claims, but recusing herself on h(:r own
>
> >motion per CCP s 170.3(c)(2). Given the nature of the claims, Connor's
>
> >responsc was short of a reasonable effort by a judge to def(:nd her
> >integrity, when confronted with claims of venal, criminal corruption,
2
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 32 of 35
»
> >One of the problems left in Ule A.~errnath, is a corrupt court fue.
> >One of the claims was that Connor ddiben'tely created a court file
> >that would not disclose the scope of the illyolvement of Countrywide in
> >this litigation. At times attorneys for COlill1]ywide were listed iin
> > Minute Orders as attorneys for plaint:ff, other times
> >- as attorneys for defendant, but hardly if ever as attorneys for
> >Countrywide. I am trying to fix that now... and I am writing to ask
> >for your help, to make sure that the record i~, set right.
»
> >What do YOIl consider to be the corre:t tcon for Countrywide in this
> >litigation? Non-Party? JntclYellor? Orner?
»
> > Please forward to me the following:
»
> > 1) Listing of any and all names of :Iltomcys who participatl~d in this
> >litigation on behalf of Countrywide
> >2) Listing of all filings entered by Cou,ltrywide in this litigation
> >3) ]jsting of any and all ex parte coowmnicallons that led to the
> >initial ex parte appearance in court ;lOd allowed the unusual scheduling
>
> >and listing of that appearance
> >4) Listing of any and all ex parte communlCations that rm,y have been
> >transmitted hter in litigation
> >5) Listing of any and aU appearances in coun with date and name of
> >attomey
»
> >Joseph Zernik
> >Defendant and Cross-CopIainant
> >in pro pn!
»
> >'Tbis electronIc message is from a law firm. It lIlay contain confidential
>
> >or privileged information. If you received this transmission in error,
> >please reply to the sender to advise of the (~rror and delete this
> >transrnission and any attachments.
»
> > IRS Circular 230 Disclosure: To ensure compliance with recluirements
> >imposed by the IRS, we inform you that any U.S. federal tax advice
> >contained in this communication (including any attachments) is not
> >intended or writtcn to be used, and cannot be used, for the purpo!;e of
> >(i) avoiding penalties under the Internal Revenue Code or (i1)
> >promoting, marketing, or recommendir.g to another party any trail saction
> >or mattcr addressed herein.
3
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 33 of 35
1
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 34 of 35
Page I ot 16
Moldawsky, Jenna L.
COUNTRYWIDE
John Amberg
Jenna Moldawsky
Bryan Cave LLP
Todd Boock
Legal Department
You recently threatened to enforce the protecti vc (gag,) orUtT issued by Judge Connor. I cannottind ill
my records a copy of the signed order, neither can I find a copy of the notice of orde r.
Could you please help me and email or fax (80 J 998-09 J7) copies of such documents'.'
Thanks,
J Zemik
COUNTRYWIDE
John Amberg
1enna Moldawsky
Bryan Cave LLP
Todd Boock
111l4/2007_~_ ----~----
---~-------
Case 05-90374 Document 260-14 Filed in TXSB on 05/08/09 Page 35 of 35
J:'ClgC ,~Ol 10
Legal Department
Thank you for your response, and let me try to be morc explicit:
According to Department I written rules, provided to all appearing before Cormpt Judge
Connor, and according to the rules of any other department] have been assipled to (so far I.
B, C, 0, and one or two other d~partments I have forgotten), ex paJ1c applications can never
be scheduled in advance. Such applications must lJ,;: heard on days that the court i~; nol
dark. Counsel submitting the ex parte must be pres,ent in the courtroom by 8: ~OaITI, and
moving papers must be submitted to the clerk by 8:30am, otherwis,~ that ex parle i:; not
heard. Department I in particular, is very strict about thes,e rules, a., you can read in th;:
department rules offered to cowlsels. It is sufficient to be late by a couple of' minutes past
8:30am for the ex parte not be heard, and based on personal experience - such ruk:, arc
strictly enforced. In Departmenl C, you may even be sanctioned if:{ou arrive later than
8:45am after noticing other parties of an ex parte appearance.
Also: there arc two other parties in Sanlaan v Zernik, Michael Libow and Coldwell Banker.
I have no indication that such parties were ever notified of that apP'~arance on July 6. 2007
Please provide copies of notice provided to such paJ1ics. as required.
As you know I am no attorney, and I appear in pro per, so sometim~s 1 have major gaps in
my understanding of the operati,)ns of the Court. Any inf,)fmation such as requested would
be of greal practical value for III ~ in the future.
Joseph Zernik
ps:
And what is the name of the par:ner who appeared in addition to you and Mr Amberg?
Are you refusing to provide his name?
Dr. Zernik:
We have no idea to what you are referring in terms of the ex parte applicali ,:,n for a
protective order that was heard on July 6,2007 (not June 6th). Countrywid(
brought that ex parte due to your continuous harassment of its (·fficers and
employees. 'The ex parle was proP(~rly noticed and heard during regular c(-ure
hours, and yuu and your ccunsel were present. As we have rep,:atcdly stal,~d,
there was nothing improper about that hearing or any of Countrywide's
involvement in this matter. We will not continue to respond to your accusations,
which have absolutely no basis in fact. As previously suted, ao:, lack of r'~:ipon~;e
] ]/14/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 1 of 35
l.age j ot lb
on our part to your e-mais should not be deemed an admissie,n on our p:nt.
-Jenna 1. MoJdawsky
Dr. Zcrnik:
11114/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 2 of 35
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 3 of 35
FYI
I hope that you could assist Mr Samuel:; and Mr Mozilo - and for that ma1l~r Judge C;lnnor, Jlldge
Goodman and yourselves in providing :;omc of the answers.
Joseph Zernik
Nov 1,2007
Mr Samuels, Mr Mozilo:
In June/July 2007, I approached both of you in request to refute fraudulent claims that were made by a
Branch Manager Maria McLaurin, San Rafael in Samaan v Zernik. Such claims wen: mostly related to
an unsigned, invalid, Underwriting Lett,~r relative to a fraudulent loan application by Samaan in OdolK:r
2004. That Underwriting Letter was not part of the loan file presented by Countrywide, and wa:; not
considered part of the loan file by the Ll~gal Department. That Underwriting Letter was printed on
October 26, 2007, and reflected Edge loan status of October 26,2007, yet in court it was c!laimed to
have been received on or around Octolx:r 14,2007.
Other questions pertained to Samaan's fhmdulent loan application showing double "J)llfe Rece£w!d"
11114/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 4 of 35
stamps in the San Rafael Branch. The Legal Department claimed that there was no explanatie.n for such,
and that there was no internal audit report, no imaging report, no secunt: r report, etc for that incident
I also approached Mr Samuels through his position at Bet Tzedek, free legal services, w;1ere he
prominently called for action to prevent fraud in general, and real estate fraud in particular.
Refuting such fraudulent claims could be a matter or seconds or minutes for you. Dut you chc'se to al~t
differently.
On July 6, 2007, Countrywide appeared in court before Judge Connor, [clr ex parte :~eview of (l propJ:;c
Protective (gag) Order against me. And it 3ppeared that such order was indeed issued to you by Judge
Connor.
After my last email to you, your coun~el again threatened me with action pursuant to that Prokctive
Ordcr.
I consider that whole episode one of the hallmarks of corruption of Judge Connor's C,:lUr. by
Countrywide, but 1 am still struggling to put the pieces together
I therefore suggested to your attorneys, that the answer to such questions, and many o:hcrs, may reside
with the Chief Legal Counsel, Mr Sarr,uels, ~erhaps in some phone calls hetween !'vI r Samuels, Judge
Goodman, and Judge CorulOr'? I got ro rCspl)IlSC after that.
After all, once Judge Connor was disqualified by me, pursuant to CCP section 170.3, on Sept 10,2007,
on claims amounting to fraud and deceit, conspiracy, obstruction ofjustic~, willful mi:-;co:1dm:t, etc,
which she chose not to oppose, she transferred the case, out of compliance with the law, to Judge
Goodman. Judge Goodman, on his part, engaged in dishonest conduct, an,j worse, presiding in this c:a.<. :e
without being duly assigned, as rcquir(:d by law. Beyond that, Judge Goodman took several weeks
before: he recalled his long-term close personal friendship with the ChiefLegaJ Counsel of Countrywide,
and then recused himself on Oct 1, 20m.
Judge Goodman, too, transferred the C;:lSe out of compliance with the law 10 Judge Biderman, who
immediately recused himself. But Judge Biderrnan forgot to disclose the reason for tis recusal, as
requin:d by law. Is it possible that his .:ecusal too, was related to close tie,; to Countrywide?
WAS THE PROTECTIVE ORDER JUST ONE MORE HOAX BY COl/NTRYW/DE AND JUJJGE"
CONNOR?
After my last email communication with you, I was again threatened by your attorneys wi th legal action
pursuant to the Protective Order, prcswnably issued at your request by Judge Connor. However, 1 could
not find in my files such an order signe:i by Judge Connor. Also, last Friday, I got to insp,:ct the Court
File, finally provided for my inspection after many months of denial of ac<:ess, out of compliance w:ith
11/14/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 5 of 35
the law.
I could not find there any signed protective c·rder. My search included the secret Volum~ IV
(continued), the existence of which tt,e clerk's office previously tried to hide from me. What [did find
there were proposed orders with a red marking on them "DENIED".
The Minute Order of July 23, 2007, in contrast, suggests that su::h order was signed:
"The proposed order is signed and effective as of/his date. Counselfor Countryw.1de is ordered 1'0
give notice ofth is ruling"
But 1 have never been noticed by Counsel for Countrywide. And when I asked YOur counsel last ~e'ek
for a copy of the signed order, the response was a complete stlence,
Again, I believe that if there is anybody who knows the answers to these questions, and the overall
scheming in this episode, it would be Mr Samuels.
WHAT IS YOUR EXPLANA TION FOR T1IE RAMPANT FRA UD IN SAN RAE·'IEL, AS snow/v
IN SAillAAN'S LOAN APPLICA TION?
Furthermore, 1 still expect your response regarding the overall range offr:lUdulcnt claims by Maria
McLaurin in Samaan v Zcrnik, and my claims that Maria McLaurin, and lhc San Rai:acl Branch, were
involved in massive approval of fraudulent loans around 2004, in the billions of dollars p,:r year. Suell
could not have happened without your knowledge. Moreover, slarting December 2006. I noticed the
Legal Department of such conduct, hut I have no evidence that Countrywide has takl~n any acli:m in this
regard cver since. Not evcn to correct the fraudulent subpoena production ot' docurncnts ,n Sall1aan 'I
Zernik!
Did Samaan ever re-submit valid 10:1n applications (10 1)3) as stipulated in lJndcnniring l.ettet" elf
Oct 14,2004, by Underwriter Frazier'!
Was McLaurin's typo, which fraudulentl)' stated Samaan's income at $4,000,OUO in her exccpti{);11
request to Mr Gadi ever corrected? The Legal Department I.ept refu:.ing to provide the origin:ll
document.
How tould McLaurin submit an Exception Request with fraudulent credit detemlin:ation witlwl.lt
valid 11003's and without valid Clues report?
How (ould Maria McLaurin assume the 111lderwriter authority in tbi~: loan on October 25, 20'1),1
and issue Underwriting Letters with conditional approval, starting O(:t 29,2004, in "iolatilIU oftlle
condHions stipulated by Frazier - thle Underwriter duly assigned to tillis loan applic:ltiolJ, amIl
Gadi - Underwriting Division SUPPOlrt Office?
Did Samaan ever provide acceptable explanation for the fraudulent employment inform<ation
J 1/14/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 6 of 35
identJilied by Undenvriter mane Frazier, who soon afh~r that lost her job?
How come none of this was ever covered by an Internal Audit or External Aud it report, if I :)10 10
believe the Legal Department?
Mr Samuels ,md Mr Mozilo - I look forward to full explanation of your conduct in this case.
Joseph Zernik
This electronic message is from a law fim1. It may contain confidential or privileged infomla'lion. If y,)U
received this transmission in error, please reply to the sender to advise of the error and delete this
transmission and any attachments.
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform
you that any U.S. federal tax advice contained in this communication (including any attadmlcn1.s) is n:lL
intended or written to be used, and cannot be used, for the purp05e of (i) avoiding penalties under tlw
Internal Revenue Code or (ii) promoting, marketing, or recommending to <mother party any transactio)
or mattcr addressed herein.
Confidentiality Notice: Thc infonnation contained in and transmitted with this communication is stri::lly
confidential, is intcnded only for the m:e of the intended recipicnt, and is tile propel1y ofCountJywick
Fin<mdal Corporation or its affiliates and subsidiaries. If you are not thc intended ftcipicllt, you arc
hereby notified that any use ofthc information. contained in Of transmitted with the ,,:ommunication or
dissemination, distribution, or copying of this communication is strictly prohibited lry law. If you hav(
reccived this communication in error, please immediately return this communication to the sender ,md
delctc the original mcssage and any copy of it in your possession.
====: ~-:==-===_--==:.:=:=::=:::::=..=::===------==::.========:::===:==-====7::-::~~===::.:::::====~_===:=:.=:::==== ===::.:==::=::= "=:::::::..::::=:.=::-:::...:::; __ . __ ..::::::-:-.::==::.- ::::::-- :
11/14/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 7 of 35
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 8 of 35
Page I or I
Moldawsky, Jenna L.
Dr. Zernik:
Your November 1, 2007 email to Countlywide officets Sandor S:lmuels and Angelo M();~ilo i~, In dire<.. t
violation of the court-imposed Protectiv,~ Order, which prohibits you from contacting any Countrywide
officer:; or employees regarding this maUer. Pu:suaot to the C()urt'~ order, YCIU havc becn dirc-cted to
contact only Countrywide's counsel of record.
Any allegations of impropriety regarding the Protective Order are wholly wid~OtIl merit. You wer,e flf<:~'~llI
at the hearing on July 23, 2007 when Judge Connor granted CouotI)wide's Mo>llOn for a Protcoive Order.
You have been on notice of Juclge Connor's ruling since that time.
Your willful and deliberate violation of t1~ e Prott:ctivc Order will 1101 be lolera t<:d, YOII arc nn I rf/
communicate with the officers or employees of Countrywide, and arc to confine your co,mmuniCaliol1" 1(1
designated counsel. 'nus email shall serve as wriucn notice th:i.t if you continu!.: to "lOlatt' the Comt',
Order, Countrywide will seck all avaibble remedies against you including monelar}' salleL 1)f1S and cc,nt 1~IIlP I.
John W. Amberg
11/14/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 9 of 35
f'l
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 10 of 35
J 'Jb'~ J \Jl J
No\' 1,2007
COUNTRYWIDE
Mr Amberg
Ms Moldawski
Mr Boock:
RE: VIOLATION OF COURT ORDER? WHAT COURT ORDER? HAVE YOU SEEN IT LATEL Y?
I repeatedly requested that you provide me a copy orthat purported order, but you refiJsed to do ~C. Similarly, rOll
failed to notice me of such purported order as odered by the Court on July 23, 2007. And you notice below l;lils to do so
either.
The primary purpose of my communication with the officers, particularly the Chief Legal Counsel, was \.) find nut
perhaps they have a copy of that purported Order, which is nowhere to be found.
Given my experience with the Connor COUI1, and with the LA Superior Court, West Division, I will lind it diHi<:ult to)
believe that such an order ever existed. E.g., a similar situation exists relative to the Order to Appoint Referee Judge 0 Brien.
Such experiences are not limited to Judge Connor, either. I have repeatedly requested to see the Assignment Ortiels of
Judges Goodman, Bidennan, and Segal (I know it is difficult to keep up sometimes), and to be noticed of such. 1li,e re~ponsc
I got from Judge Segal was that I was unrealistic if! eXpt~cted that he would confront his Supervisor Judge arlt1 ask for an
11/14/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 11 of 35
rag;e l" OJ )
Assignment Order. And in response to my demand to be noticed of such orders. the response J got in a /l:tter dated Oct '~O,
2007, from Supervising Judge Gerald Rosenberg was such:
"Be advised that your case was pwperly assigned to Judge John SegaL"
As you know, I am no lawyer, and have no fornla/legal education. But I tend to suspect that none ol'these ')f(!els ever
existed, and that communications such as tt,e one quoted above by the Supervising Judge, and YOll.~' below, er,peclally when
directed at Defendant in pro per, may be deemed dishonest, deliberately misleading, or fraudulent
As always, I would be glad to receive frJm you a copy of the Coun Order, and be noticed of such, as required by law. I
promise you that once noticed of such order, and see in the notice a copy or the true and correct orller, I would otocv it as
ordered, Until such time, I do not think that there is any foundation by law for your notice below, and I reque~,llh~t yO.J
immediately retract it.
As always, I would be glad to receive Mr Samuels response regarding the other instances of fraud :md deceil perpe~r,lted
against me and against the Federal Govemm,:nt, as shown in Samaan Y Zemik.
Jnseph Zemik
CC:
Angelo Mozilo
Sandor Samuels
Dr. Zcmik:
Your November 1,2007 email to C(tuntlywldt: officers Sandor Samuels and Angelo MOlilo is in direct ';iola:iol\ of
the court-imposed Protective Order, which pr,)hibits you from contacting any Countrywide oflicers ('I' ellll= toyees rc,,~,ardil g
this mailer. Pursuant to the Court's order, YOt have b<~cn directed to (:ontact only Countrywide's COlIllS.:! o\'recon
Any allegations of impropriety regarding the Protective Order are wholly without ITII:rit. You WCI'C present atthl
hearing on July 23, 2007 when Judge Connor granted Countrywide's Motion for a Protective Order. You have be,:n n£l [(,lice
of Judge Connor's ruling since that time.
Your wi IIful and deliberate violation of the Protective Order will nol be tolemlt:d, You arc nol to conlllllllli,;ate with
the officers or employees of Countrywide, anc are to confine your communications to designated coullsel. '[11is I~mai shall
serve as written notice that if you continue to violate the Court's Order, Countrywide will seek all a\illlabic renwu ies agaillst
you including monetary sanctions and contempt.
John W, Amocrg
lbis electronic message is from a la>n firm. 11 may contain confidential or privileged mfomHltion, If you rccci'fCd
this transmission in error, please reply to tile sender to advise of the error and delete this transmissioll and allyalla<:!lfnents
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, wc inf(JrlIl ytllJ lhat Iny
U.S. federal tax advice contained in this comm ~nication (including any attachments) is not intended Dr written w be used.
and cannot be used, for the purpose of (i) avoitling penalties under the Internal Revenue Code or (ii) promoting. Jllarketil\:~, or
recommending to another party any transaction or mallcr addressed herein,
Confidentiality Notice: The information contained in and transmitted with this communication is ~'Irietly confidential, i;
intended only for the use ofthe intended recipie:nt, and is the property of Countrywide Financial Corporation or its Iffiliat~~
and subsidiaries. If you are not the intended recipient, you are hereby notified ilial any use of the infonnatioll contained in or
transmitted with the communication or dissemination, clistribution, or copying of this communication is strictly prohibited I:y
law. If you have received this communication ill error, please immediately return this communication to the ;ender and delete:
the original message and any copy of it in your possession.
11114/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 12 of 35
Confidentiality Notice: The infonnation contained in and transmitted with this communication is strictly confidential, i~
intended only for the use of the intended recipient, :md is the property of Countrywide Financial Cl)rporction or it~; affiliates
and subsidiaries. If you are not the intended recipient, you are hereby notified that any use ofllie .rfonm:tion c('ntained in or
trammitted with the communication or dissl:mination, distribution, or copying of this communication is mictly prohibil~d by
Jaw. If you have received this communication in error, please immediately return this communication to :hc sender anti ,Jclete
the original message and any copy of it in y)ur possession.
Confidentiality Notice: The infoffilation contained in and transmitted with this communicatlO [1 1S strictly
confidential, is intended only for the use of the intended recipient, and is the property or Countrywide
Financial Corporation or its affiliates and subsidiaries. If you a:re not the intcnded recipi ~nt, YI)U are
hereby notiJied that any use of the information contained in or :transmitted with the communication cr
dissemination, distribution, or copying oflhis communication is strictly prohibited by law. If)'ou hl'lC
receuved this communication in error. p!cast: immediately rctum this communication to Ihe sender and
delele the original message and any copy of it in your possession.
":::::====:~.:=-:::::=::-=-:::::::::::::::= :::::::::::.::::===::=:==::::::::-::::== ::=::::::::::::=::-::::::::::: ===::~~~ =::::====---=:::::=:;:: =--..::: :::.....-=== == =:::=:::-:.=::- ~.::::=~::===: - :.:::":::':: :::- ::.::::::::':. :-:: =.: =-:::..
11/1412007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 13 of 35
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 14 of 35
Jol t\ W. Ambetg
Dim: (JIO) S76-2280
Fa:c. 310-576-2200
~,m~~.~v~axn
November 2, 2007
VIA HAND-DELIVERY
Oryin CO" LLP
I," lllOoaw.l'. S,jo(e :l00
Joseph Zemik
320 South Peck Drive
T.I r:1I0)5){ -; 100
Beverly Hills, CA 90212
l.xI310I,)i,1100
As you know, we represent Count.rywide Home Loans, Inc. and ils employees. 1I0ng Kong
Irvir £'
Enclosed is Countrywide Home Loans) Inc.'!! Notice of Ruling regarding Judge JeU.,son Lev
Connor's granting of Countrywide's motion for protective ord<:r on July 23, 2007.
TIle Court's Minute Order ofJuly 23, 2007 is attached to the No~ce, confirming that
the Court grantcd the motion for protective order, in favor (of Countrywide and Los ~ngelos
Phcl'nix
You were present at ~c July 23, 2007 hearing and agreed to submit the trultter on the Shanghai
basis of the Court's tentative ruling, which ,granted the motion. Therefore) you have St L~uis
been on actual notice of the protectivl~ order since the date of the hearing. WiH ,ington, 0 C
Despite the clear and unequivocal tenns of the protective order which prohibit you An~ Bryo. C.. e,
,~ f.lfJltinatto,IBI P;uwershv.
from communicating with anyone at Countrywide except its counsel of record) and
despite my repeated written W:iOlings to you to comply with tne order, you have
violated the order on at least three oCCll.s:ions since July 23 by sending emails to
Sandor Samuels and Angelo MoziJo, officers: of the company.
Y cu have been on notice since July 2.\ 200/' that you are forbidd<:ll to contact Mssrs.
Samuels, Mozilo, or any other officer or employee of the company. and tlut you must
direct any communications exclusively to its counsd. If you pelsist in violating the
Court's order by contacting Countrywide persons other th~.n its o:>Unsel, we will seek
all available remedies ~inst you, including but not limited to sanctions and
contempt.
~nWAmb~
JWA:jcc
Enclosure
SMO'IDOCS\6572T7 I
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 15 of 35
II
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
13
23 Motioo for Protective Order came on for hearin:~ bdore the Honorable }Kqucline A Conner
24 on July 23, 2007 at 8:30 a.m. App<:aring for Countrywide were John W. Amberg and Jerma
25 Moldawsky of Bryan Cave LLP. Also appearing: were defendant Jasepb Zemik, and Moe:
26 Keshavarzi of Sheppard Mullin Rkhter & Hampton, LLP, counsel for plaintiffs.
27 Upon consideration of the IYApers and for good cause shown, the Court granted the
28 Motion for Protective Order. Zcrnik submitted on the Court's tentative ruling, without oral
SMOID0CS657217.J
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 16 of 35
argument. A true and com:ct copy of the Minute Otder stating that the Motion W:l:; grant,~d>
2 effective irrunediately, is attached hereto as Exhibit <CA".
3
7
(' ,/
..---~
8
By: ///
9 ,-r j~n W. AmberV ---------------.----- ---
,
A torneys for
10
COUNlRYWIDE HOME LOANS, Ij\lC.
II
12
13
14
]5
]6
17
]8
19
20
21
22
23
24
25
26
27
28
SMOID0CS657217 .I 2
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 17 of 35
JKXHffiIT "A'~'
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 18 of 35
JOHN W. AMBER':; (X }
CCP 170.6 - JUDGE N:~IDORF
NATURE OF PROCEEDINGS:
DATE: 07/23/07
l COUNTY Ci:'ER:te
--~--------_ .. _~-_.
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 20 of 35
DATE: 07/23/07
HONORABLE JACQUELINE A. CONNOR JUDGE V. JA1M E: DEP'lIn' CLERK
DATE: 07/23/07
2 I am employed in the County of Los Angdes, State of Cali fornia I am over the age of :! 8
and not a party to the within action. My business adclw:s is 120 Broadway, Suite 300, Santa
3 Monica, California 90401-2205.
19
20
21
22
23
24
25
26
27
28
SMOID0CS657217.1 3
------------------NOTICi:oFR.UCiNG
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 23 of 35
I·ROOFOF
PERS()NALSERVICE
2
I am employed in the Cotmty of Los Angeles, 8tate of California. I am over the age of 18
3 and not a party to the within action. My business addtess is First Legal Support Services, 1511
Beverly Blvd., Los Angele:;, California 90026,310-2'77-9111.
4
On November 2,2007,1 served the foregoing document, described as NOTICE O][i'
5 RULING on each interested party in this action, by delivering a true copy thereof in a sealed
envelope addressed as follows:
6
Jm;eph Zemik D:t\fl) PhD
7
320 South Peck Drive
8 Beverly Hills, CA 90212
Facsimile: 801-998-0917
9 jz12345@earthlink.n~!
10 I delivered such envelope by hand to the office~; or residence of each interested party a:
each address shown above.
11
Executed on November 2,2007, at Santa Monka, California.
..,to
<X) 12
00
<"t
0 .....
C')'<f
a.~g
13 o (FEDERAL ONLY) I declare that I am employed in the office of a me;-nbe:r or the
bar of this Court at whose d:irection the service was ma.je.
-':>",
~t/)E 14
;; >:.2 I declare under penalty of perjury under the laws of the United SUltl:~; of America alld the
o~'ii
cuO
.... co _ 15 state of California that the foregoing is true and correct
2:-e-
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Print Name ::>lgnature
18
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SMOlD0CS657217J 4
-
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 24 of 35
()
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 25 of 35
PaiSe 1 of 4
Nov 3, 2007
Sandor Samuels
Chief Legal Counsel
11/1412007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 26 of 35
I-'age 2 01"4
Mr Mozilo, Mr Samuels:
In December 2006, I first contacted ttle Legal Department, with concerns regarding fraud by MaT;a
McLaurin, Branch Manager, San Rafael. At that time I still did not realize that the Legal Department.
was in fact a full participant in that fraud.
In later communications in early 2007, I detailed conduct in the small San Rafael branch, with only .3
senior underwriters under Maria McLaurin, '."here fraudulent loans backed hy the Jedcral government
totalled billions of dollars.
I approached you as a victim of fraud, in your respective capacities - Chair of the Imernal Audit
Committee, and Chief Legal Counsel, officers of the corporation who carry a particular charge in the
safeguard of the integrity of Countrywide's operations. Furthermore, I approached Mr Samuel~; in his
capacity as Chair of the Board of Bet Tzedek, free legal services in Los Angeles - a worthy charity. In
that capacity he posted on the web calls in which he expressed his commitment to fight fi'aud in genenl,
and real estate fraud in particular.
I asked that you stop fraud by McLaurin against me, and either authenticate or withdraw the unsigned.
fraudulent Underwriting Letter of October 26, 2004, which was falsely represented in court under
Count.rywide's name, as a valid Underwriting Letter of October 14,2004.
You refused to take action regarding such fraud, and instead attempted on July 6,21)07, to issue a
Protective (gag) Order against me. Today, that procedure in itself is probably the be,:t evidence for
Judge Connor's corruption by Countrywide.
Subsequently you claimed that such gag order was indeed issued, and tried \0 enforce it.
Even so, the loan file show that the duly assigned underwriter- Diane Frazier - detected the fraud
relative to employment data in Samaan's applications. Othl:rwise - the applications were invalid relative
to the listing of no initiation fees. These were 1Lhe true reasons for the suspension, as confirmed by
Frazier herself.
In contrast, Maria McLaurin filed fraudulent declarations in cpurt, claiming that Sarnaan's loan were:
fully valid and indeed approved by Countrywide!
2) To request that you either produce a (;opy of the signed gag order, or immediately stop the threalening
] ]114/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 27 of 35
Page 3 of4
letters by your attorneys. I got yet another threatening letter from your attorneys, dated Nov 2, 20<Y7. It
appears that it was in response to my demand that you produce a Notice ojOrder for the gag order you
claim to have obtained from Judge Connor. But instead, you elToneously provided a Notice ofRuling.
That letter confinned again what I realize by now: That the signed Protecth'e (gag) Order, that you
claim to enforce, never existed!
The Minute Order, a copy of which yOU mailed me, is not a valid Protective (gag) Order.
It states: "The proposed order is signed and effective as ojthis date." But I have never seen such a
signed order, neither have you provid,ed such order after repeated requests, neither can it be J(mnJ in Ihe
Court File.
For no reason at all I was denied access to the court file, minute orders, and other notices for over hal' a
year under Judge Connor, as part of h,er corrupt conduct, and in abuse of my constitutional rights. On
August 31, 2007, I was allowed access only to three volumes - I, IV, and V. I was denied access to
other volumes for no reason at all. On Oct 26, 2007, I was finally-allowed access to volumes /I, 111, ;:md
VI, but not to the other volumes, again - for no reason at all.
Such conduct was in itself suspicious, especially given past conduct of this court. But then I real iz·ed
that between volumes provided to me on Ocl 26,2007, and volvmes provided to me on Aug 31,2007.
some critical documents were missing, in paJ1icuiar - those pertaining to Countrywide's gag order.
When I insisted on reviewing all volumes at once, the clerk finally admitted that there was ano':hcr
volume -IV (colltillued) which had been hidden from me, and pulled it from belOW}llS desk for m:?
inspection. In it I Jound Countrywide's Proposed Order, and it was marked in red pen "DENIED".
That is not surprising, it is now emerging as one of the common fraud techniques u.;.;:d by Judg'~ Conn.or:
a) In Millute Order ofAug 30,2007, Judge Connor claimed 10 issue an order f(»' appointmg Judge
O'Brien as referee for escrow, but she failed 10 do so, instead signing a me;:mingless order for Q
discovery referee, at a time when there is no discovery.
b) In Millute Order ojSept 10.2007, Judge Connor refers to an Assigllment Order by Supervising,
Judge Rosenberg, assigning Judge Goodman to Samaan v ZerniJ:. But now Supervising Judge
Rosenberg is in fact refusing to present such an order after repeated requests. Obvi\Hlsly, that ordeI
never existed either.
c) Judge Connor also failed to issue a valid Minute Order of Sept 10,2007, for her Di\'qllaliflcatiolt 0[1
claims that amoWlted to willful misconduct cmd criminal conduct including Fraud and Deceit,
Conspiracy, Obstruction of Justice, and more. She chose not to oppose such claims. instead she did 5tate
in open court that she did not admit any of the claims. I am no legal scholar, but I do no think that such
statement of innocence would carry much weight relative to such claims of criminal wnduct in a coun
ofjustice.
And then Judge Connor issued a six-page fraudulent Minute Order ojSept 10. 2007, reporting a hearing
that was never heard and a ruling that was never ruled, and on page 4 of that Minute Order she insel1ed
acknowledgment of her disqualification.
Other judges now try to refer to that as recusal, and avoid e:ver listing the Code Section of the
Disqualification on Minute Orders, as required, a practice that I deem collaboration in the fraud
For me, of course, this world of fraudulent and corrupt judges is new, But I somehow suspect that is not
11/]4/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 28 of 35
Page 4 of 4
I demand again:
1) That you review the documents submittt:d by Maria McLaurin in court, and make a pronounceJlli~nt
whether such documents are valid or false and fraudulent.
2) That you produce a copy of Countrywide's Proposed Order that Judge Connor stated she signed on
July 23, 2007, and is the true basis for your daims for a gag order against me, or stop the campaign of
threatening letters.
Joseph Zemik
PS: I am filing a request with the Supervising Judge for disclosure of champagne c()ntribution~; to Judges
of the West District of LA County Superior Court by employees of Countrywide and their family
members, by staff of Bryan Cave, LLP and family members, and by staff of Sheppard Mullin el ill, LLP
and family members. I hope you could help by providing the part pertaining to Bryan Cave, LLP.
CC:
Todd Boock
CFC Legal Department
&
John Amberg
Bryan Cave, LLP
Attorneys for
Countrywide
Confidentiality Notice: The information contained in and transmitted with this communication [s strictly
confidential, is intended only for the use of the intended recipient, and is the property of Countrywide
Financial Corporation or its affiliates a~d subsidiaries. If you arc not the intended rec ipient, yOll are
hereby notified that any use of the information contained in or transmitted with the conununication or
dissemination, distribution, or copying of this communication is strictly prohibited h~, law. If yell have
received this communication in error, please immediately return this communicatioll to the sender and
delete the original message and any copy of it in your possession.
11114/2007
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 29 of 35
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 30 of 35
D qhally ,i9,mj by
';~ J(~.ephlernil(
John Amberg
Todd Boock
Counsels
By Email
RiE: COUNTRYWIDE'S CONDUCT RElAl1VE TO SAMAAN V ZERNIK AND CORRUPTION OF JUDGE CONNOR'S
COURT
Letter dated Nov 2, 2007, from John Amber!), contlJ)ues to beat around the bush, and fails to provide any of ttl€ anWIO'rs to
my questions, which attempt to uncover the specific. individuals and amduct 11al were involved in comJption of JUdge
Connor's Court, LA Superior Court, West Di5trict.
:2) Your ongoing failure to explain how the Ex Parte application of JI~6, 2007 was conceived ;lind Ilklteriali.;:cc[
You also continue to faa in any attempt to Ilxplain Judge Connor's conduct r'~lative to the hearing of the Ex Parte
application and the foIowing "noticed" motion.
How did it get be scheduled the way it was, outside of any standard of the West District of LA Supenor Court?
I suspect that Mr Samuels had something 10 del with it, with his friendship wt.h the court...
This point is of special interest, since Judg,~ Con.,.:>r transferred the case oUi of comprl3nce wtth the law 10 Judge
Goodman, who as you know took a few weeks to recall his friendship wtth N r Samuels.. But you \YOuld be most wdcome
to provide any other reasonable explanation. Absent an explanation, I woukl have to assume that it IS what it alwi!)'S
appeared to be - corruption of the court ard currying favor for CountrywiiJe.
I of course have never been served with thE! Complaint in Intervention by Countrywide, neither could I find any olller
documentation in the Court Fie, when I finally got access to it, that w:>uId ex~,lain Countrywide's stand in';} in Samaan v
Zemik.
Could you please offer an explanation?
Absent an explanation, one must reasonably concllJde that Countrywide's presence in Court in Samaan V Zemik, and
JUdge Conno(s collaboration wtth such, were on ttteir face part of conduct th3t epitomized corruption of LA Superior
Courts by Countrywide.
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 32 of 35
In short, your presence in court in and of itself may be reasonably deemed by a reviewer as part of conduct that W.3S out of
compliance with the law, let alone your pretence to have gollen a k~aRy binding Protective Order, w11en no such crder IS
notice<! or even proven to exist
And Iefs not forget that this travesty look place in the mids1 of litigation based on fraudulent daims that coukj neve·' survive
in Court, had it not been for the steadfast support of Countrywide's Branch Manager - Maria Mclaurin, and the supply of
false and misleading Countrywide documents and declarations. Such (:orrpUance and coftusion in fraud included also the
failure to adequately respond by Mr Mozilo and Mr Samuels -when personaBy approached and nolilied in this r~i3rd.
And the goal7
To rob an individual who had no business with Countrywide, in broad day Ii ~ht, under the guise of Court action. But that
goal does not justify that level of involvement. I am no legal scholar, nor b,nk regulator, but I tend to see in it more 01 the
robber barons attempt to cover up massive fraud by Maria Mclaurin again:;t the US Government and the US tax payer:.,
with top management's acquiescence and silent :support.
Is this conduct criminal?
Does it amount to racketeering?
I would leave that for others to decipher...
On this bacl<ground. I welcome your threal to enforce the Protective Order 1hat never was ... it woukl force fil''St an LA
Superior Court Judge to review of the whde affait, and then probably also jUdges of the Appeals Court.
And finally - I am not sure what is your best estimate of the final cost of the Countrywide debade - both in dollar;, CIIW in
loss of standing for the US in world affairs... but the magnitude of it promiSES the establishment of SOIT!e investigat~)n
committees down the road, and therefore, there is also a good cha~,ce that Ihis whole affair be also reviewed by Ccngress
in a year or two...
).~
.Joseph Zemik
Dec 2, 2007
Countrywide
Mr Angelo Mozilo. Chair, Internal Audit Committee, Countrywide
Att Sandor Samuels, Chief Legal Counsel, Countrywide & Good friend of Judge Goodman
Att Amberg, Bryan Cave, LLP, Counsel for Countrywide
Att Boock, Countrywide Legal DepaI1:ment
This notice is written in response to your recent communications and purported notices of hearings and
purported claims:
1/17/2008
Case 05-90374 Document 260-15 Filed in TXSB on 05/08/09 Page 35 of 35
Page 2 of4
c) Ongoing refusal of Countrywide to addre;S3 question re~~Iging its ~<l[QD.~_G_ ill Jl!d-Rc.J~mm.Q!·'s.~~.1I1
on July_f> and July 23, 2007, out ofcorwli1!w;e with thel!!~~
On Sept 10,2007, in open court, in pro per, defendant disqualified Judge Connor pursuant to ecr
section 170.3, based upon a verified statement that included claims that amounted to obstructic-n of
justice, fraud and deceit, conspiracy, etc. Judge Connor never filed ,ill opposing verified statement fJI'
adjudication by one of her peers, as pmvided by that section of the law. Regardless of her oral
statements in court that she did not admit any of the claims, one must conclude that Judge Con nor
recognized her inability to effectively oppose such claims.
Claims against Judge Connor relied upon Countrywide's appearance on July 6 and July 23, 2007,
regardless of her rulings on these date~;. Countrywide too, has so far refused to answer: How dlid the
appearance of Countrywide on July 6,2007, 9:00am, in Samaan v Zernik come to be scht~duled on
that day, at that time, and in that m:anDer~~
Upon review of the case as a whole, one would reasonably conclude that the last 3 judges (#3, 4, and 5)
have been operating entirely without authority.
I by flOW have obtained photocopies, represented to be full and complete, of the perlod discussed abJ,Jc,
and no papers were found in such court fi les that would establish the standing of Ccuntrywide in
Samaan v Zemik as either Plaintiff, Defendant, or Intervenor.
1117/2008
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 1 of 35
Upon review of the case as a whole, one would reasonably conclude that no such order ever ex,sted.
Perhaps you apply the same line of argument applied by Att Keshavarzi, an associate at Sheppard ani
Mullin:
-In a number of court briefs Att Keshavarzi repeatedly referred to "Judgment", or ·'.Judgment by Court"
- he also declared that a copy of such "Judgment" or "Judgment by Court" wa& provided in eX1ihits of
such briefs,under penalty of perjury
- but under the respective tab in exhibits he enclosed "Order Granting Summary Judgmt~ntA--fotion"
- and in open court he clarified that he was referring too the "Orlll Judgment", which he c1aim~ to have
reached through a "dialogue" that resulted in an "understanding" between him and Judge Connor.
Such absurd claims by Keshavarzi in open court, which served as the foundation for his motior 011
November 9, 2007, led to a ruling in his favor by Judge Segal. Upon review of this case as a whole, onc
would reasonably conclude that this line of argument is tried and true in this court in this casco
Absent evidence of a valid Assignment Order of Judge Segal to Samoan v Zernik, and a valid Protective
Order signed by Judge Connor on July 23, 2007, by Monday, December 3, 2007, 5:00pm. please
provide retraction and withdrawal of any and all documents you have recently medin Samaan v Zern ik.
1/]7/2008
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 2 of 35
Page 4 of 4
Any further Court action by you in this regard in Samaan v Zernik would only substantiate dckndant's
claims that Samaan v Zernik demonstrates corruption of the courts in LA by Countr)'wide.
Reasonable care in the practice of the law by attorneys Samuels, Boock, and Amberg requires ,:;areful
review of the documents mentioned in this communication prior to any further actions in court in
Samaan v Zernik.
This communication is not part of any discovery request. This communication is addressed to Au
Samuels and Mr Mozilo as part of their duties to safeguard the integrity of operations in Countrywide.
Countrywide here refers to CFC, Inc, and all its affiliates lmd subsidiaries.
Joseph Zemik
=:::::.::===:=======-===:::::::-:::::=.=============-==::::::====:::::::::==============:::::.::;:;:;.;:.::=-=======---======:=:-:::.::::::::::::::::===:~:.=
===:::::::::::::::::::=:::== ::::
Confidentiality Notice: The information contained in and l,ransmitted with this communication is S1:rictly
confidential, is intended only for the use of the intended recipient, and is the property of Country'wide
Financial Corporation or its affiliates and subsidiaries. If you are not the intended ro:cipient, you are
hereby notified that any use of the infonnation contained in or transmitted with the communication or
dissemination, distribution, or copying of this communication is strictly prohibited by law. If yOU havl~
received this communication in error, please immediately return this communication to the sender and
delete the original message and any copy of it in your possession.
==-=========::.:.=: ===============-==========.:::::=====:=.::=====:::::: = ==============:===::::::=-=::====:======::::::= ::::.:=:.:::.::::: = ~::::: :::=::::::::== :;::::=::::. =:
1/17/2008
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 3 of 35
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 4 of 35
,January 9, 2008
Gentlemen:
Who knows if Countrywide can survive too man stories li~e that!
Joseph Zernik
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 5 of 35
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 6 of 35
Joseph Zernik DMD PhD 241 i Sllint George 51.l05 Fa.l CA SG027 Fa~' \BOn 9!18-0917 E 71.11' jzl7345@aar'hinu.n.,1
January 9, 2008
RE: Samaan v Zemik, SC087400 TIrrted Response Requested by Wed, Jan 9, 2008, at 5:00pn],
Gentlemen:
Convergence of events this week led me to believe that you would possibly change your stand on the matter below, and
finally stop the real estate fraud and litigation fraud conducted against me through Countrywide fraudulent documents.
On Tuesday, January 8, 2008, the NYT published a story regarding a somE.'what similar real estate litigation in NY, 'Ntll~m
finally it was admitted by counsel for Countlywide that documents entered as evidence were in fact "rl~created· letters.
That story cause yet another drop in Countrywide's share price, en<jing the day at $5.47, when not teo long ago it ~vas s:iJl
in the $4O's. Rumors that Countrywide is filing for bankruptcy protection were denied.
And on Friday, Jan 11, 2008, we have a scheduled hearing for CountIyv'/ide's motion for sanctions against roo, folbMng m/
previous requests that you verify these documents.
Again, this request is by a member of the public allarge, based on your duties as officers of Countrywide. Such du·:tes a"e
emirely independent of litigation in Samaan v Zemik. And therefore, regardless of any rulings and orcers by the Santa
Monica Court, you would likely be held accountable for such long after Samaan v Zemik is put to rest one way or another.
1 Countrywide here designates CFC, Inc and/or any of its subsidiaries and affiliates, jointly and/or severally
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 7 of 35
• By the end of November 2007 I was driven oul of my Beverly Hills home CFC SHARE PRICE - $ 9.1()(J
• By the end of December 2007 my house was sold to Samaan and my equity of more than $700,080 was kept
hostage by a receiver appointed in an order that is out of compliance with the law. CFC SHARE PRICE - $ 9.01)
• By Janual)' 8,2008 NYT published a stOl)' reganling ColntIyNide documents entered il oourt il real ~.tate litigation in NY,
ooich tLmed out 10 be "recreate<1', and share pic:e p•.mmeted, oole Countrywide denied nrnors of balkruptcy.
CFC SHARE IPRICE - $ 5.4'1'
I am writing to ask that you review again the two key documents providEd to Sarnaan by Countr)wide. I hold that each of:he:;e
documents is the product of fraudulent scheme:
a) The Undeiwriting Letter, unsigned, was printed on October 26, 2004, and was invalid at bith - it showed the name of Ciane
Frazier as t.rtderwriter, but i was never issued by Diane Frazier. Furthenrore, ~ was not even part of Countrf'WKle's loan fj,~ until
Apri of 2007 (my guess - it was part of Maria McLauril's private coIection)'
b) The Purchase Contract was never faxed to Countrywide by Loan Broker Victor Parks at lhe time indicated in the
anonymous fax header imprint, and was never reo~ived by Countrywide at that time. Uke most of the documents in
Samaan's loan file, ~ is the product of a faxlwire scheme that upon review is likely to be deemed wire fraud. Such had to
have a partner on the receiving side, most likely Maria Mclaurin herself. How such escaped your intemal audits, e:<lemal
audits, etc, is still unclear, since it allowed construction of complete loan files that were off the record'
Over a year after my first alert to Countrywide's Le9al Department, there is no indication that Countl"y\!ride has taker any
measures to stop these significant weaknesses and material deficiencies.
Please review again the two documents referenced above, and let me know no later than Wed, Ji!!1.~
2008. at 5:00pm If these documents dare genuine or fraudulent documents. In case Y':H.l concur \/lrlth
me that such are fraudulent documents, I \'VOU1d also request that you ask your counsels to ca~~1 tlM~
court appearance on .Jan 11, 2008.
).~
Joseph Zemik
Attached:
1) NYT stOI)' re: CounlI)wide's 'recreated" documents, Jan 8, 2008
2) Yahoo chart of CFC share price
3) Notice of document: Underwriting Letter fr::lm Countrywide
4) Notice of document: Purchase Contract from Countrywide
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 8 of 35
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 9 of 35
Page 201'4
By email to:
Sandor Samuels
Chief Legal Officer, Countrywide
President, Bet Tzedek - "House ofJustice"
Angelo Mozilo
Chair, Internal Audit Conunittee, Countrywide
1) I am Defendant & Cross-Complainant ill Samaan v. Zernik, Los I\ngeles County Supt:r!or Court CIS~
No, SC:087400. 1\s
such, I have personal knowledge of the facts set forth herein, which I know to b,: true aI: d correct ami, .J
1/15/2008
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 10 of 35
Page ~, of 4
called as a witness, I
could and would competently testify with respect thereto.
2) Samuels & Mozilo are colluding in the theft of my home and my equity, through the filing of fraudulent
documents in
court, as was shown on January 8,2008 in )Jew York.
3) Samuels & Mozilo personally colluded in real estate fraud perpetrated against me in :3amaan v ':elmk.
Both were
notified of such fraud months in advance, but opted to jet il proceed uninterrupted.
4) Your claims that my "emails are false and defamatory. Thev falsely accuse Country" ..v'ldc of rn<.r1g:lgc fnud
ami
wire fraud, which is an outrageous and damaging accusation", arc Ihemselves false and misleading I
specificalJy
state that Mozilo & Samuels are mvolved in such conduct. For your convenIence let me repeat these
statements:
i. In Samaan v Zemik, Samuels and Mozilo, ptrsonaUy, knowingly, and deliberately colluded in re~ll t"state
fraud against me with Samaan and Keshavarzl (Sheppard Mullin), by filing fraudulent I :ountrywidl'
doculllents III
court.
ii. Central to the fraud were the following two documcms:
a. i\n lIl\'alid, unsigned Underwriting Letter issued October 2(i, 2004, which was fa Is eh' rcprcsemc,.l :'.s a
valid '
Underwtlllllg Letter, issueu by Diane Frazier cn October 14, or fvbd-October, and wa:, J1(vcr cven pari or
the 1,oan hie until i\pril 2007, and b)
b. A bx copy of a Purchase Contract, bearing rax header imprInt of October 2\ 2004, :l:.:l3pm, ,"~hch wa:,
represented as f:Jxed at that time by Victor Parks from \Vashingtoo Stare to C. mntrywlcle in California, and
which in fact was faxed al that time from Samaan to her husband, both in I,i\, ;tnd is like must of 1hl.'
documents in Sarnaan's Lo:m rile part of a scheme that would be c1eemcu hlxl.\Xo'ire Ir;hld upon rc,i(w.
iii. Counlrywide's subpoena production in Sarraan v I.ernik presenls Iht· road map for Jllortgage flaud by
Country'wide agamst the government, in my estlmate - about $S 10 billion per ycar in Ihe small San Ra :ael
branch alone.
iv. CountryWIde's subpoena production in Sarnaan v Zernik presents in brreat detail wue/ fax fraud that
allowed
construction of full loan files off the record, bypassing regulations.
5) Samuels and Mozilo must not "reserve the right to take all available legal acli.)Jl against
you, and to seek all available remedies", they should take action forthwith!
I make thlS declaration under penalty of perjur, pursuant to Ihe laws of the state of
Califorma. Signed here, in Los Angeles, California, January 1S, 2007.
JOSEPI I ZERNIK
======-.-:::.;;.----=-=====-==:;:..::;======--==.=:::-....:==::::==:
~:::::::--:==-=.--:: :.::.::=-==:::=====-=.::::::~ ._-
==;.=====.===:=-;:~:=:=:=-=~==_::._- .-:=:::.: .::.::::.:.__ .•.- .-
Confidentiality Notice: The infonnation contained in and transmitted with this communication is ,;tril~llly
confidential, is intended only for the use of the intended recipient, and is the property of Countrywide
Financial Corporation or its affiliates and subsidiaries. If you are not the intended fec tpient, you arc
JIl5/2008
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 11 of 35
Page 4 of 4
hereby notified that any use of the infonnation contained in or transmitted with the commlmicati\m or
dissemination, distribution, or copying of this communication is strictly prohibited by law. Ifyoll have
received this communication in error, please immediately return this communication to the sender and
delete the original message and any copy of it in your possession.
===::::==:==='=====::=:=----=============~~=:::::::.:::;:;::---============:==:::::::::--===---======::=-=:=.==-::::====.;::::;. :=.::
1/15/2008
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 12 of 35
Dl<j,ta ~sigr>E."l:r by
:. ,,0 ;.~pI Zf-ffl k
[JI',:,,,"),,,,,pt,
" .~,_ /1 Zemik.
j ~vvL. ;"'l:!'b JI1HIS ...••
,ttn1>l.Jie CC o\:s
,/ D.:Ie:.;OOt.Ol.l3.
!:.' 0333;,'5-)8'00
Mr Samuels:
On Friday in Santa Monica court' appeared before your friend, JUdge Terry Friedman - former Bet T;~edek executi'Je as
weR.' explained that approached you in the past, and I approach you now again in your capacity as F'resident at" Bet
Tzedek - "House of Justice", a voluntary public figure, appe3ring under the biblical roo110 - zedek zedek tirdclf
- tireless pursuit of justice.
It is a shameless hypocrisy that you hold on to your position at Bet Tzedek. last week media reportej that Countrywide
filed "recreated' documents in court;n New York. l\od documents I obtained as part of SUbpoena in Samaan v ZelTIJk
show the roadmap for fraud againstlhe government in billions of dollars pel year in just one smaH brar>ch.
I hold the following Countrywide documen1ts to be part of' fraud against me:
I call upon you to immediately resign from your position at Bet Tzedek;
alternatively - to appear before a .Jewish Court - Bet Din - to review my claim of
Gnevat ha-Da'at, or Fraud on the Public stemming from your service as President
of Bet Tzedek in and of itself.
Please respond by Tue, .Ian 15, 2008, and let me know your conclusion regardil1lg
these two documents. Please also provide me with a copy of the investigation
report that you referred to in a communication 'With Rabbi Bernhardt, <lInd
presumably found my claims to have no melit at all.
Joseph Zemik
cc: Board members of Bet Tzedek, and others in the jewish an(L'or the legal community.
Attached:
1) NYT story re: Countrywide's "recreated" documents, Jan 8, :2008
2) Bet Tzedek web pages that were hastily removed, where yOJ appeared as fraud buster
1 Countrywide here designates CFC.1nc andlor any of ib subsidiarie3 and alliliatlls,joirrUy andlor seve",1y
2 NoW: Business aIIiIiations noted lor identification purposes on I) .
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 14 of 35
January 8, 2008
The Countrywide Financial Corporation fabricated documents related to t.he bankruptcy case of a Pennsylvania
homeowner, court records show, raising new qUCl;tions about the business practices of the giant lTtortga~e lend ~r at the
center of the subprime mess.
The documents - three letters from Countrywide addressed to th<~ homeowner - claimed that thE borrower owed the
company $4,700 because of discrepancies in escrow deduetio-ns. Countl)"Nide's local counsel descilJed the letkrs te,
the court as "recreated," raising concern from the federal bankruptcy jud~;e overseeing the case, 1110 rnas P. Agro'stl.
"These letters are a smoking gun that something is not right in Denmark," Judge Agresti said in a Dec. 20 hearing in
Pittsburgh.
111e emergence of the fabricated documents come:; as Countr;rwide wnfr(Jnts a rising tide of complalllts from
borrowers who claim that the company pushed them into ris~y loans. The matter in Pittsburgh is om' of 300
bankruptcy c.ases in which Countrywide's practices have come under scrutiny in western Pennsylvania.
Judge Agresti said that discovery should proceed so that thost~ involved in the case, including the Ch-3pter 13 tn:sll'e for
the western district of Pennsylvania and the United States trustee, could detennine how Countl)wide's systems might
generate such documents.
A spokesman for the lender, Rick Simon, said: "It is not Countrywide's polk')' to create or 'fabricate any documents as
evidence that they were sent if they had not been. We believe it will be shown in further discovery lhat the Countf)Wlde
bankruptcy technician who generated the documents at issue did so as an efficient way to convey I'll dates th,.~ ('scm",
analyses were done and the calculations of the payments as a result of the analyses."
The documents were generated in a case involving Sharon Diane Hill, a homeowner ill Monroevilk, ['a. Ms. Hill filed
for Chapter 13 bankruptcy protection in March 20m to try to save her home from foreclosure.
After meeting her mortgage obligations under the 6o-month bankruptcy plan, Ms. lIil1's case was dm:harr,cd and
officially closed on March 9, 2007. Countl)'1ovide, fhe servicer on her loan, did not object to the di~,ch;lrge. roul1 re('ord~;
from that date show she was current on her mortgage.
But one month later, Ms. lIil1 received a notice of intention to foredose from Countrywide, statint~ that she was in
default and owed the company $4,166.
Court records show that the amount claimed by Countrywide was from the period during which t-.b [till was rnaki.:lg
regular payments under the auspices of the barlkmptcy court. They included ~monthly charges" tutalng S3,840 fTl'1I1
November 2006 to April 2007, late charges of $1213 and other charges of a.lmost $200,
A lawyer representing Ms. Hill in her bankruptcy case, Kenneth Steidl, of Steidl and Steinberg in Pittsburgh, wmte
Countrywide a few weeks later stating that Ms. Hill had been deemed current on her mortgage during the perilxl irl
question. But in May, Countrywide sent Ms. Hill another notice stating that her loan was delinquent and dt?mandillg
that she pay $4,715.58. Neither Mr. Stei<U nOT Julia Steidl, wh.:> has also represented Ms. Hill, returned phone c<Jls
seeking comment.
Justifying Ms. Hill's arrears, Countrywide sent her lawyer COpies of three letters on company letterhead addre:ssed to
th{~ homeowner, as well as to Mr. Steidl and Ronda J. Winnecour, the Chapter 13 trustee for the we;tern district of
Pennsylvania,
The Countrywide letters were dated September 2003, October 2004 and March 2007 and showed changes in esaow
requirements on Ms. Hill's loan. "This letter is to advise you \l,at the escrow requirement has changed lX,r the escftoW
analysis completed today," each letter began.
But Mr. Steidl told the court he had never received the letters. Furthermore, he noticed that his address on the first
Countl)'Wide letter was not the location of his office at the time, but an address he moved to later. Ne:thE'r did th('
Chapter 13 trustee's office have any record of receiving the lett'~rs, court records show.
When Mr. Steidl discussed this with Leslie E. Puida, Countrywide's outsidE' counsel on the case, he :;aid Ms. PlIica 10ld
him that the letters had been "recreated" by Countrywide to renect the escrow discrepancies, the ('curt transcript
shows. During these discussions, Ms. Puida reduced the amou ot that Countrywide claimed Ms. lIi1l owed to $I.~,O('
from $4,700.
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 15 of 35
Under questioning by the judge, Ms. Puida said that "a processor" at Countryv.ide had generated the letters to :,how
how the escrow discrepancies arose. lbey were not offered to prove that they had been sent,~ Ms. Puida said. Bur she
also said, under questioning from the court, that the letters did not carry a disclaimer indicating hat they were n(·t
actual correspondence or that they had never been sent.
A Countrywide spokesman said that in bankruptcy cases, Countrywide's automated systems are se,metimes overridden,
with technicians making manual adjustments "to comply with bankruptcy laws and the requirements in the
jurisdiction in which a bankruptcy is pending. nAsked by Jud:~e Al~esti w.hy Countrywide would go to the trouble of
"creating a letter that was never sent,n Ms. Puida, its lawyer, :;aid she did not know.
"I just, 1 can't get over what I'm being told here about these recreations," .Judge Agresti said, "and wnat the pur~m.e is
or was and what was intended by them. n
Ms. Hill's matter is one of 300 bankruptcy cases involving Countrywide that have come under scrtltiny by Ms.
Winnecour, the Chapter 13 trustee in Pittsburgh. On Oct. 9, she askl-d the court to sanction Cuuntrywide, contend; nl~
that the company had lost or destroyed more than $500,000 in decks paid by homeowners in bankruptcy from
December 2005 to April 2007.
Ms. Winnecour said in court filings that she was concerned iliat even as Countrywide had mispla<:ed or destmYI~ the
checks, it levied charges on the borrowers, includi ~g late fees and legal costs. A spokesman in her office said she w:m!C:
not comment on the Hill case.
O. Max Gardner 1lI, a lawyer in North Carolina who represent.s tfCoubJed borrowers, says that he rOlltinely sees Imders
pursue borrowers for additional money after their bankruptcies have been discharged and the courls have determined
that the default has been cured and borrowers are current. Regarding the Hill malter, Mr. GardnH said: "The nal
problem in my mind when reading the transcript i:; that Coun'~;de'slawyer could not explain how this happE'nCiI.'
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 16 of 35
Fro et Tzedekls Web Site 6/20/~~
Thanks to the following synagogues and churches for participating in Bet Tzecek
5habbat:
()
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 19 of 35
Todd To jzl2345@e<lt1hlink.net@CWEXTERNA,l
800dJAttomeylL~aVCflCCl
031281200701 :03 PM
Me Zemik.
I am in receipt of yourletter dated Mardl2G, 2007, but seot to me via e--rnail on Mardl 27, 2<X)"j'
Your letter has raised numerous issues that W(l are looI<ifl<J into at this time. Please be advisC(J that we
are diligently researching the issues rdised by your lettef and will o:>mply with our legal obIigatioo:, as to
your subpoenas.
In my March 23rd e-rnaillo your fOfmer attorney zachary Schorr, I (eq'Jested that we set up a
mcet-3I1d-confef telephone can. Sinal he is 00 Ioogef representi~J y<IU, I am making the sanl<: request to
you. Please provide me with a fevl convenient limes to qllI you 00 Monday ()( Tuesday, Apr~ 2nd or 3rd.
lhis should give me suffICient lime to IUlly reviow and research the issues raised by your and Mr. Schorr's
letters, and to determine whether addi(iooal responsive documents 6X1st
In the intelim, we kindly ask that, sillC(! you are aware that Countrywide is represented by counsel, you
direct all communications regarding this matte. solely to me.
Thank you fO( your anticipated cooperation, :Olnd I look forwar<;l to speclking with you.
ToddOoock
"151 VP, Sr Legal Counsel
CA In-House Utigalioll Legal
jzl2345@earthlink.nct
1
j
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 20 of 35
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 21 of 35
jz12345@earthlink.net To Todd_Boock@Ccl\JntIyWide.Com.
Msriela_Ganja@CouulryWide.Corn
031281200701:31 PM
cc
bee
Subject Re: URGENT- LETTER TO An BOOCK TIME. RESPONS;'
DEMANDED BY S:OOPM ON THURSDAY, MM~CH 29, 200 7
You had mace than enough time to consider this subpoena, flcst set:vecl
in August 2006! You had suEficl.ent time to pn!pace the cepeat
subpoena in Janudt:y 2007, but chose not to addr.ess the concecns you
were infocmed of in December 2001,.
Messages in this r:cgar:d are also copied v> Maciela Gar:cia, since as
the per:son who signed on the declar:ation of Custodian oE Records, sll,'
may suEfer consequences in pet:son, e.g, aqainst he;:: paralegal
license, and she may lle inter:ested in hiring her 01.n legal
representation, given Ule conflict of interest that would not allow
you to represent her.
Sincer'ely,
Joseph Zernik
'.-
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 22 of 35
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 23 of 35
Todd To jz12345@earthfio\<.oet@CWEXlERNAl
BoockJAttomeyflegaVCFICCl
031281200704:56 PM
Me Zemik,
In your e-mail, you raised a concern that we have had ~nce August 2006 to respond to tlm issues
discussed in your recent CQlTespondeoce. Wc respecthJlly disagfee. The subpoecia yoo sef\'oo in
August 2006 was entirely different than the ~ubpoena you 5efVed in January 2007. The AugU:it 2006
subpoena was a generalized request for do<:umems relating 10 a loan application The JanualY 2fXJ7
subpoenas sought nineteen separale categ<,ries of doa.rmeots, many of Which included sufx:;3tegooes.
We timely responded to both subpoenas and produced documents.
Most of the issues that your attomey raised in his March 19, 2\$)7 letter and tlm new issues you raised in
your March 27. 2007 letter were nol raised b f any of the subpoenas. They were brought to m~' attention
for the first time in these recent letters. PIt;Ja,;e note that we are not a party to the lawsuit. wem never
served with thc complaint and are not as familiar with ltle issues in the case as you appear to be. As I
explained in my prior e-mail, we arc attempting to diligently respond to your letter and research the issues
you have raised. Unfortunately. this takes some time to accomplish, and we intend to take UH~ necessary
amount of time to comply with our legal obligations.
Your attempts to ·meel and confe(' by sending us lengthy letters and lists of demands are not ,n good
faith. Giving us less than 48 hQUfs 10 reSpJll:J 10 Ihese I(llters is also not in good faith. nor d<X:li it follow
the spirit of meet ~ coofer contemplated ~'lhe Los Angeles County Superior Court local nJl<~;. Each
and every timc we have attempted 10 engagE' in a reasonable meel ancl confer wilh you or your atlomey.
we have been rebuffed ()( ignored. We willt<:lkc the appropriate lime 10 resean;h the issues laised in youI'
letters and, once we have done that. we will engage in a substantive disaJssion with you abo\.~. the issues.
you have raised. We would like to WOf1< with you to resolvc each of these issues and are mow than
willing to take the lime to go (Ner each of them with yOu. In that vein, I again ask you when you are
available to meet and coofer over the telephone on Monday ()( Tuesday. April 2nd or Jed? Plca5C pmvi<1<;,
me with a few times thai you are available. I will let you know what wol1<s with my schedule unci I will call
you at Ihat time.
Inddentally. whilc your Mardl 27. 2007 letter makes refCt'encc to certain exhibits. Ulose exhibit i are not
attudlCdlo your letter (only descriptions of lh~ cxhibits are included). So that we aw certain w·~ know to
what you refer in your letter, please provide the exhibits as soon as possible.
Flll3Ily. your Ulfeats against Ms. Garcia are whoUy inappropriale and not well taken. Please immediately
cease making idle threats against Comtrywide employees in general and Ms. Garcia in particular. I
represent Ms. Garda, and I again reiterate Ul;lt any communications to Countrywide oc its emr~oyecs
should be directed solely to me.
Mr. Zemik, I assure you Ulal we areworl<ill<J (j;Jligent1y to respond to your GUbpoonas and lattors. We hope
to W<Xk with you to resolve your issues and move focward.
. Thank you for your antidpated cooperation. and t look. focward to speaking \Io'\th you next week.
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 24 of 35
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 25 of 35
Manda Garcia
Custodian of Records
Legal Department
Countrywide Financial Corp
5220 Las Virgenes Rd
Calabasas, CA 91302
I am available to meel and confer by phone today, 11lUrsday, from 7:00am to 9:00am, and from
2:00-3:00pm in the afternoon. lbis is a last minute notice, but events in this c.1Se and your
obfuscation over a year and a half do not leave me much choice. I am offering you IllCSC times
for phone conversations in addition to the many opportunities you had over the lasl :fear and a
half to submit additional infonnation in writing. I am sending this notice by ernailto yOll and
Mariela Garcia and I am also leaving you phone messages in this regard.
I am doing so in order to offer you an opportunity to dari[y before 5:00pm today, Tlilursday,
your rcasons for rcfusing to comply with a legal subpocna for the documents relatcd to loan
applications by Nivie Samaan.
" As I explained in my prior e-mail, we are attempting to diligently respond to your !cUer
and research
the issues you have raised. Unfortunately, this takes ~;omc time to accomplish., and we
intend to take the necessary amount of time to comply wilh our legal obligations." Your
excuses for failing and refusing to comply with a legal subpoena since August 2006 can
no longer be accepted as wiitten iri good faith.
There is no legitimate and/or reasonabl<: excuse for refUsing for over a year and a ha.lflo print
out dIe full and complete Comments/Documents/Conversation Log for Samaan's (onns from your
computeriz.cd system. Parts ofiliat log, related to Exception Approval by the Corporate .
Underwriting Support Office were alr-e2ldy provided. "nIece is no reason not to provide a full and
complete copy of that log.
Is a Ye2r and a balf lIot sufficient "anlOuot of time to accomplish" a printout of such log?
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 26 of 35
"we will engage in a substantive discussion" - what kind of disc.ussion is tlWfC to engage in
regarding your obligation to print out and provide me with that log'!
At some point your arguments start sounding exactly like what they arc - a faret; and a
perversion of the law by the Legal Department of a major corporation. You mus: also be aware
that my concerns are aggravated by recent reports that equated Countrywide wilh Enron.
Let me be clear. The subpoena of August 2006 was prepared by Att Cummings. The Subpoena
of Jan 2001, and all following Meet and Confer letters (copy of a recent one is att,11:hed below),
whether on attorney's letterhead or not, were drafted by ml:, so that I am very familiar with each
and every item discussed in them.
The materials sought in all of these communication, with Countrywide are the same as those
requested in the very first subpoena by AU Cummings - any and all documents pe:rtaining to
Loan Applications by Borrower Nivie Samaan for the Property at 320 South Peck Drive, Beverl y
Hills. Your attempts to claim otherwise are additional excuses for your obfuscation and refusal
to comply with a Court ordered subp-xna.
You mention that you are not a party to this litigation. These communications arc also meant to
serve you due notice and offer you the opportunity to rnakt: amends. Actions and omissions by
Maria McLaurin and others in Countrywide in Octobcr- 2004 to January 2005, 311.d in addition
by sending a letter signed by Maria McLaurin on behalf of C.ountrywide for usc by Plaintiff in
this litigation, and in addition by failure by Countrywide to completely respond to subpoena in
August 2006, and in addition by failure arid refusal by Countrywide, Todd Boock, Manela
Garcia, and others to comply with a legal subpoena since January 2001, it becomes apparent thai
Countrywide (referring here to CFC lU1d all its affiliates), individuals named above, and other.>
arc in fact accomplices in this blatant fraud and deC{~il.
You requested that I provide the exhibits, and I do ~;o in a fax/email following, allIH)u{~l all of
them, with one exception, are materials produced by Countrywide. I am also prcxlueing two
additional exhibits for your review, which have been discw;sed mallY times in previ'Jus
communications:
a) Loan Applications (1003) by Nivie Samaan, as produced by Counllywidc, demonstrating
blatant adulterations, produced by Countrywide in n:sponse: to subpoena without an)'
accompanykg Internal or External Audit documents to justify this aberration.
b) A deliberately misleading paper document titled Converc.:ation Log, San Rafael Branch.
produced by Countrywide. Maria Mclaurin, Branch Manager. San Rafael Branch. indicated in III
phone conversation with me that it wacs her decision to insert this document insteadofthe true
and correct, full and complete printout of the computer-bas4:d
CommcntsIDocumentslConversation Log of S:unaan's loan applications. In contm~t, Diane
Frazier. the duly authorized Underwriter for Samaan loans. whose authority was usurped by
Maria Mclaurin. indicated in a phone call with me !hat such paper Conversation Logs have
never been used in the San Rafael Branch at least since 19&9, the year she joined Countrywide!
Countrywide, ~odd Boock, and Mariela Garcia were warned in persqn, by phone Hnd by writ1(:o
communications by this writer. prior to the January 2001 subpoena, that such documents Well:
-
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 27 of 35
produced in the August 2006 subpoena. Yet, the same documents without any justification were
produced again in response to the subp'Je3ll of January 2007 1
"I represent Ms. Garcia, and I again reiterate that any communications to Countrywide or its
employees should be directed solely to me." I find it hard to believe that this statement is true.
Mariela Garcia, a paralegal in your office, signed as an individual on behalf of Countrywide, as
the duly appointed Custodian of Records. If I receive a dired communication from Mariela
Garcia that states that you indeed represent her as an individual, while at the same time
representing'Countrywide and that she is aware of the conflict of interests inherent in such
\representation, I would cease to copy her on such communications.
Att Boock, your obruscatioll is 110 longer tolerable. Time is of the essence - your actions
and omissions, as an individual and as a representltive or Countrywide have caused me
substantial financial damages through the denial of a motion to expunge lis pendens in
November 2006, opposed with criticlll support with Coulitrywide and Maria McLaurin,
and are causing critical damage to my derense in Samaan vs. Zernik, soon to be heard in
Court.
Sincerely,
Joseph Zernik
Joseph Zemik
CC:
I"
:!
,
-1;
1
EX
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 28 of 35
~"
I
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 29 of 35
Todd To jxl23-f5@e3f1hlink.net
Bood/Attorneyllegal1CF/CCI
041021200702:46 PM
Dr. Zemik.
Thank you for speaking with Sandy Shatz and me earlier today.
First, I want to reiterate to you that. as Y()lJ know. Passover begins at sundown this eveninq, nnd I plan to
celebrate it with my family. You have proposed making all ex palteapplication tomOCTO'N morning, and I
requested that. in light or the J(.'Wish hofiday and the preparation lhat goes into it, you wait lIntil Thursday
or Friday for your ex parte application. You have not confirmed Vlhether or not yoo will move the hearil1<;J
to Thursday or Friday, but told lIS thaI y<>tl would send an e-mail with a propo'.ied stipulation. I received
your proposed stipulatioo and am happl' to agree to having your rnotioo heard on l1<O less than 16 court
days' notice (plus 5 days if you send it by mail). 1 will not agree to the excess wording, though, aoo th(.>fe
is 00 time for me to prepare the stipulation and file it today. But you OQW have it in writing l~l8t we win
agree to have yOIM" motiOll heard 00 at 11~<J,st 16 court days' notice, Wllid) should be sufficient to take off
tho fiX pallo. 1 will ogoln tell you that we willllllJV~ (Of sanctions ~)3inst you il you lorce mEl to intenupt my
observance or the Jewish holidays and appear at your ex parte application tomorrow. As I said in my
previous e-mail, courts expect counsel t'J change hearing dates when it iorooveniences other counsel,
and this court will oot be pleased if you I eruse to do so. 1also again point oot the numerOl J:; defects in
your notice. induding the lack of a lime and location.
We understand thallhe ex palla application relates 10 a motioo to compel produetioo of other document;
pursuant to a subpoena served OIl Countrywide. Today, we met and conferred cooccmio!] thaI
subpoena. aoo we are in the process ofloJl<ing for other documents. AIxordingly, becau~;(l we ace still
meeting and confening on these issues, any motion to compel is premature.
Secood, I repeal what I have explained wveral times to you, that t represent the rompany h this matter.
Coosequendy, we demand that you solely communicate to me as to your subpoenas all<d Ihe related
issues. To be dear, do not contact othel Countryvvide ern,~oyeesin genernl and Mariela Garda in
particular. If I learn that you have continued to contact Ms. Garcia Of other Countrywide empl.:>y~'S,we
wi" move for a protective order and seek s-anctions againsl yOtl.
FlOally, this is to confirm that we have produced all documents within our possession. cus(o,:Iy and cootrcl.
whidl are responsive to your subpoena. However. we are presently looking (or two docul1l€'tllS: (1) Mali a
Mdaurin's November 6, 2006 letter to Vietor Parks - yoo cllready have this leiter, but we will :;end it to
you again if we locate an internal copy; a:l<1 (2) the Underwriting D(rision'Condition !-ctter that was
printed 00 October 26. 2004, which we discussed during our conversatiOll. If we are able to locate these
documents. we wlll send them to you.
Please let me know as soon as possible whether you win persist in making your ex palle applit::ation
tomorrO'N. I am leaving my office at 3:45 ,:xn. so I expect to hear from yoo bylhen. lhank you. and have
a Happy Passover. .
ToddBoodc
1st vp. Sr legal Counsel
CA In-House Utigatioo Legal
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 30 of 35
Todd To jz:12345@eal1hlink.net@CWEXTERNAl
I3ood;/AttomeylLegallCFICCl
041131200702:51 PM
Dr. Zemik.
You called me this morning aftE.'f you sent your exparte notice and told me that you wanted the words "all
of the records" included in the custodian of records dedaration.. Y 00 said thatlhis would Illl suffident fOl
you to withdraw the ex parte application. I said that I would talee a look at the dt.'Claration and get bad< 10
you later lod"ly. but you demonded thot r {let bock 10 you within an hour.
I called you a short time laler and said Ulalilhought that we would be able to resolve the issue and you
would be satisfied, but 1needed a little mc~e time than an hour. I told you that I should know by the end I)f
the day. When you ask.ed me 10 send you an e-mail.lald not say that I would not I said Umtl would
rather not until I actually have some confirmation or something concrete to say. Nonethel.}~>s, I ha<1
planned to convey the status to you via 'rmaif, but was out eating lunch arid just returned to roy office.
In any event, I now have concrete information. We have revised the declaration, and I believe that this
resolves the issue. TIle new dedaralioc, it. attached, and a hard aJPY will follow in the mall. Please
confirm lhal your ex parte application iSJtr calendar.
On a related topic, we are ready 10 sche-jl~e a time fO( you to review the original loan dowments. Please
provide me with several dates and times that yoo arc available to come in and review the documents.
Obviously. next Frid<Jy, Apfil 20th will not 111'011<, since we will be at Maria Md.-aurio's deposition (which you
confirmed would be going forward). 'am also unaVailable on Monday, April 16th.
Finally, I remind you to please direct your .:ommunications regarding the subpoenas and rdated topics
solely to me. Your prior threats to Ms. Gmda were completely inappropriate, and we osk. that you not
communicale with her. As I have explained on numerous priOf oa:asions, I represent Countrywide and all
of its employees in this matter.
Thank you.
ToddBood<
1st VP. $( Legal Counsel
CA In-House Utigation Legal
• ".0·
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 31 of 35
Todd To jz12345@earthlink.net
BoockIAttomeytlegaVCF/<X1
0411612007 OH)4 PM
Or. Zemik.
I am in receipt of the 3 e-mails you sent to me over the weekend (one on Apri114th and tWI) on Apfil15tht
and I am aware of the voieemail you left (Of Mariela Garda (00 April 14th).
Your e-mails mischaraaerize the histOly of this matter as it relates to Countrywide. We Icc~!ived and
property responded to the subpoenas. Vllhere you had additionai: questions. we have been mOfe than
cooperative with you and took the apprl)priatl;! time to accurately and completely address l~ach of the
issues you have raised. The arbitrary deadlines you havl~ set am unreasonable. especially since you are
aware that I was supposed to be out 01 the office at a deposition loday. My deposition w;):'(:ancelled. but
you did not know that until just now. The following responds to issues raised in your communications U-lis
weekend:
I asked you to provide me with severa! dates and times that you Glfe available to come in arKI review the-
documents. The single time you provid,ad does not wock 1'01 us. Please provide me with SJweml dates
and times. so that we may coordinate WiUl all parties.
You have requested to meet with Mariela Garda inpersorl We do not see any reason fOf this mectin<J.
especially in light 01 your recent threats -3~lainst Ms. Garda. We have provided you copie> of the
responsive documents and will make the originals. available for yOUl'" review.
This is Ule last time I am going to tell yOlllhat. as. an employee of Countrywide. Mariela G.lrcia is
represeilted by COUnsel and is not to bexl(ltacted directly by you. As ~ represented party. she is not
going tocontact you directly and tell you that I have repeatedly explained to you that I repw:;ent
Countrywide and an of its employees in this malter. and any and a.l\ oommunic:atioo regarding this matter
is to be directed solely to 1l1C.
I must demand that yOlX harassment ol.Ms: Garda and Countrywide In geoeral stop immediately. You
have called, e-m3l1ed and written us innumerable times. often with oosubstantiated accusations of fraud.
threats of legal actioo against Countrywide effipwyees. art>itrary ·urgenr ~ines and last·mlnule
notices of baseless hearings. You have new demanded to meet with Ms. Garcia p€{SOO3!1y. or you will
subpoena her to testify. You have also c:ll1ed her directly again, dE!S{Jite my repeated dem<lnds that you
stop doing so. If you continue to harass liS, iodU(jng seMng a sdlpoena on Ms. Garcia, Wl~ wiD have no
choice but to move fOf a protective order and seek sanctions against you.
You did not provide proper notice to Ms. Md.atrin andfOf Nivie Samman in your subpoenas, and we
objected to your subpoenas on that basis.
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 32 of 35
As our custodian of records dedaration states, we have produce<l'all dOCtlments responsive 10 your
subpoenas within our possession, eust:xly and control, subject to the objections Pfeviously SCfVed. w.~
have complied with our legal obftgations as to !he subpoenas. However, as a gesture of ~jOOd faith, WI;
offered to allow you to review lhe origillal documents, which we win still allow you to do.
litigation Conduct
Please immediately cease your repealed accusations of fraud. o:JOSpiracy and other nefarious deeds
against me and my col1eagues. These a<xusatioos are baseless-, inappropriate, offensive and in violation
of los Angeles County Superior Court Local Rule No. 7.12(d), which requires that cou/lS€1 ~should at a-I
times be civil and courteous in commurkating with adversaries.· As someone representing himself in
propria persona, you are bound ~ these rules.
Rnally. please provide us with the $95.95 set forth in our April 12, 2007 Invoice.
Thank you.
ToddBoocl<
1st VP, Sr Legal Counsel
CA In-House Litigation Legal
. . . :.
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 33 of 35
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 34 of 35
a.'"
Subject URGENT: RESPONSE OEMANDED BY W[()NESDAY.
JUNE 20,2007, 5:00PM- 1) OEClARAllONS BY MAHL~
VI
MClAURIN, NOVEMBER 2006, MAY 2007 2) UNSIGNED,
UNAU TliENTlCATED UNDERWRITING LEffErI OF
OCTOBER 26, 2004 3) APPAHENT V10LAnONS OF
REGULATION B MENTIONED IN SAMAAN v ZEnNIK
MrBook:
Starting in December 2006, 1 communicated with you and others in the Lcgal Dcp:u1Illcnt of
Countrywide various aspects of the conduct of Maria Mclaurin, Branch Manager al
Countrywide Home Loans, San Rafael Wholesale Bmnch. Studying subpoena documents in
Samaan v Zcrnik, and data provided b:, branch Underwriter indicated that McLaurin had an
ongoing relationships with some loan broker(s) with the goal of perpetrating fraud again.st
Countrywide (heretofore indicating CFC, Inc, and/or any of its affiliates and subdivi ~;ions), a
Federally backed mortgage lender. By estimate of the Branch Senior Undelwriter, the fraud rate
in that branch reachcd around 2004 90%, where estimales by the FBI put fraud lev..:b at 30-40%
in California in general. The pattern a:. a whole fitted perfedly with what FBI repc1rls describe
as a loosely organize.d white collar crime networks harvestinl~ stunning sums (all e:.limatcs are
believed 10 be guesswork at best) in an epidemic of roal e&tatc and mortgage fraud, centered in
Southern California. Needless to say, Countrywide is the sulrprime market leader, centered in
Southern California as well. FBI considers the fight against Ihis epidemic a national priority!
The overall picture emerging from th<: me is of total collapse of checks and balances in
U>Wltrywide. Gross violations escap~ all controls, since th~ fraud is perpetrated from above led
by the Branch Manager - and the diS$l~nting Underwriter was quashed:
• Managerial Controls - the Seni<l'r Underwriter, who did not cooperate in the fraud, lost
her job instead
• Internal Audit - adulterated t003 with not valid Receipt Dale, ad~lterated fraudulent
Exception Requests by Branch Manager
• External Audit - same
• Legal Oversight - the Legal Ikpartment appears more as an accomplice with white collar
criminals than part of any compliance monitoring
Case 05-90374 Document 260-16 Filed in TXSB on 05/08/09 Page 35 of 35
Over half a year since my first report to the Legal Department, it appears that Countrywide nl~ver
took any action in this regard. If anything, the Legal Department wa') busy stonewalling,
obfuscating, and defending McLaurin, who is still holding the same position as bdore. I am no{
aware of any reporting you made t·) supervisors, as required by Sarbane-Oxley, or to SEC, 'llu;1l
Regulators, Trade Commission, or the Federal Reserve. You refused to answer any questioru; ill
.this regard. Inste.1d, you informed me that my attempts to direetly infonn Mr Mozillo, Chainnan
of the Internal Audit Committee, were intercepted, and any attempt to communicate with
anybody at Countrywide, but you, would be consid<:rod "harassment" of Countrywide, and
would result in legal action.
A March 2007 column by Pulitzer Prize winner, Gretchen Morgenson.in the NI'T, predicted the
ominous collapse of Countrywide, which she compared to Enron - an inherently corrupt
organization. She differentiated that the collapse of Countrywide would be much slower - a tmin
crash in slow motion, and also, that the damage inflicted on the American economy and many
many families would be much bigg,~l.
In Meet and Confer discussions, YOIJ denied that McLaurin was involved in fraud, sine<: her
scheme related to mortgage approval and funding of a loan for the buyer, Sarnaan, in the aborkd
purchase agreement of my residene<:, never materialized.
Similarly, I was informed by 11uift Supervisors, that Countrywide used the same argument to
denect my complaint.
Needless to say, I am no bank regulator, but data indicating that a WIIOLESAl.E BRANCH
MANAGER, who may approve up ~o $50,000,000 A nAY in mortgage investments, is involv.~J
in an ATIEMPTED FUAUD, was worthy of reporting and investigation as a MATElUAL
DEFICIENCY. Moreover, as detailed below, TillS CASE PROVIDES THE TEMPLATE
FOR ROUTINE SCAM TO OVERCOME COUNTRYWIDE'S APPEARANCE OF
SAFEGUARDS AND COMPLW(CE wmI LAWS AND REGULATIONS (KG,
REGULAnON B). and surely the ~:cam described h,~re was not used hcre for tilC lirsllimc.
As fully clarified to you over the months since then in many communications, Samaan's loan
application (1003) was replete with false and fraudulent data:
• its Date Received stamp was :ldulterated, but )'oU could not or would not explain by
whom, when, where, why, and under what authority
• Many documents indicate that Ihe loan was allowed to be continuously reviewed longer
than permitted by Regulation B, through manipulation of the Date Received data.
• You could not produce or would not produce any documentation of the comd Date
Received for the loan application
• the signature on the 1003 was n(){ that of the Loan Broker, Victor Parks
• Samaan stated in deposition tllat the loan brokcr nevp even talked with her
• on the 1003 ParkS is listed as tht~ telephone interviewer
• Samaan stated in deposition that: her husband, who .do<:s not hold any relevant licence,
and probably is prevented from ever holding any such license, was the one who prepared
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 1 of 35
the applications
• Samaan, who at the time ffiLde her living on the Payroll of a department store as
cosmetics saleswoman claimed in loan applications that she was the president and sole
owner of a corporation Spellbound Enterprise, Inc, for at least 4 year, wit.h no other
employment, and with incom,~ of $400,000 per year
• That corporation was established less than a year e2lrlier, and according to it, web page,
engaged in web retail sales lor consumers of the psychic and the occult - "1ne
Supernatural Superstore" - providing Tarot cards, divining objects, anointment oils, anJ
crystal balls.
• That Loan Application, prepared by the newly wed husband listed his wife as an
Unmarried Woman, in violation oflaws and regulations for a Community Property State.
• As clearly indicated in Clues report and conditions :;et by the duly assigned Underwriter,
this application had some of the cardinal signs offmud - discrepancies in employment, in
residence, in source ofincome', in source of funds,
• Regardless of conditions set by Underwriter, lhc applicant would not divul[',c "Type of
Business"
• The business license provided by applicant contradicted lhe statements she made in tlle
application, and was not accepted by the Underwrite'r
• The explanation applicant provided for discrepancies in residence statement was deemed
unacceptable by Underwriter
• Telephone numbers provided by the applicant did not match up with othcr business anel
residence information provided
• When the loan was not approv~ by the Underwriter, Mclaurin filed an Exception
Request where the income w.~ increased through a "typo" to $4,000,000 a year
• In same Exception Request credit determin~tions made by your expert Syste01 - Clucs,
and the duly assigned Underwriter were turned upside down by McLaurin
• 111e loan application was missing the Broker's signature on the Broker's certification in
all Underwriting Letters you produced
I probably forgot some of the fraudUlent data. the list is too long. But one of lhe most notable
features was that Mclaurin, ilirough h.:r conduct., seemed to endorse the invalid 10':>3, which was
for the wrong loan program (no documentation, >$1.301, on a program that allows no
documentation for only up to $150,0(0), at a 0.75% lowered interest rate. (n fact, it allowed tllC
Borrower to misrepresent lack of funds to close, and lack of reserves. And if closed, it would
have provided the Borrower over S I(',000 discount for no obvious reason (except for the obvious
relationship hCtween applicant, her husband, and his (:()usin .. all involved in the mOltgagc
industry~ and the Bank manager), and probably justified the personal time and efforts of the
Branch Manager...
Frazier, the duly authorized Undcrwntt:r refused to issue any credit decision prior to receipt of '
valid, correct 1003 loan application. But the handling of this loan demonstrated asimple route
_around sound Undeiwriting principl~: lequired by Federal regulations. The applicant waited,
and seemed strangely unintetested in addressing the &~ficiern;ies in her application. Instead. she:
probably was waiting, as part ofa routine scam. for the loan lIpplication to be suspended
{I0I25/04) for incompleteness 10 day:. after receipt (lOll4/04). In fact, according to the duly
:1SSigned Underwriter, the application was uniquely iOl;omplete at submission, probably by
design... .
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 2 of 35
Following that suspension, the Bank Manager had no problem usurping the Underwriting
authority of the duly assigned Undelvrriter, bypassing all security and Underwriting safeguard:;,
and overturning all Underwriting D~:cisions/Conditions.
For example, she filed both her Exc<~ption Report (l0/25/04) and her Appraisal Request
(10/25/04) without obtaining new, valid loan application 1003 from the applicant. TIlerefore, she
had no way \0 adjudicate the appliC21ion, since all calculations listed by the applicant on the
1003 used fraudulently lowered interest rate.
Gadi. in Division Undenvriting SUPIX'rt, conditioned his approval (10/29/04) on Ih<: following
stipulations:
a) that all information provided to him was true - but the annual income, fictional to start out,
was 10-fold increased, AND the credit determinations presented to him were oppo:iile those of
CLUES and the Underwriter, without any discemabl4~ foundation
b) that all conditions stipulated by lhe Branch Underwriter be enforced - these conditions were
already ignored by the time the Exception Request was filed, and seemed to be ignored in all
latcr Underwriting Letters.
On 10/26/04 Mclaurin, for no obviol1:i reason, issued a false, invalid. unsigned, and
unauthenticated Underwriting Leller that appeared to be issued by Frazier, the duly assigned
Underwriter, as if she was still in ch:lrgc of the application (where in fact McLaurin had by thell
usurped Undcnvriting authorities). Th.: Underwriting Letter stated that the appliC3tion had been
suspended (where in fact by then McLaurin had moved the application to the fast uack - by
applying for Review Appraisal and Exception Rcqu~;t).
ASSESS THE AGREEMENT UNTIL OcrOBER22, 2004, mAT IS- AFTER I:SCROW WAS
ALREADY CANCELLED.
D) TIlE SECOND, AND ONLY OHlER COpy OF THE PURCHASE AGREElvlENT. WAS
RECEiVED ON OCTOBER 25, 2004, AND WAS COMPLETE. WIll-I ALL INnIALS AND
SIGNATURES
i) IT IS NOT CLEAR WHO SENT IT. EVIDENCE SUGGESTS THAT ALL ALONG
SAMAAN IMPERSONATED HER LOAN BROKER, AND ALL FAXES APPEARING
AS HIS, ARE IN FACT FROM HER OWN FAX MACHINE
ii) FOR EXAMPLE - COMP ARING THE LOAN BROKER SIGNA l1JRE
APPEARING IN COU~U FILINGS, WE COULD NOT LDENTIFY ONE SINGLE
AUTIIENTIC SIGNATURE IN TI-lE WHOLE LOAN FILE, OR FOR 111"1\1' MAnER
ON TIlE ORlGINAI, FRAUDULENT PRE-QUALIFICATION LET1"'ER.
iii) ALTIIDUGH TI-IE FAX PRODUCED BY COUI'ITRYWIDE APPEARS AS
ARRIVING FROM PARKS ON OCTOBER 25,2004, PARkS PROVIDED A
DECLARAll0N UNDER PENALTY OF PERJURY, lllAT IT WAS FAXED
"IMMEDlATELY" AFTER IT WAS RECEIVED FROM ESCROW ON OCTOOER 22,
2004.
iv) TIlE DOCUMENT PRODUCED BY PARKS IN COURT, WHICH HE STAn~D
UNDER PENALTY OF PElUURY WAS ll-IE ONE llE HAD FAXED TO
COUNTRYWIDE, WAS MISSING ZERNIK.'S 1NI11ALS AND SIGNATURES, m
CONTRAST WIll-I TIffi DOCUMENT PRODUCED BY COUNTRywmE. REPLETE
WIll-I ZERNlK'S INITIALS AND SIGNATURJ~.
v) lliIS WRITER HAS PERSONAL KNOWLEDGE OFTIUS DOCUME1IT -lHE
DOCUMENT IN COUNTRYWIDE'S CUSTODY IS A TRUE AND CORRECT COpy
OF 1lIE DOCUMENT, WillLE TIlE DOCUMENT PRODUCED BY LOAN BROKER
PARKS IS TI-IE PRODUcr OF ADULTERA'110N, RATIlER THAN TIll: OPPOSITE
The transaction was tenninated by ZelTlik following a Notice to Buyer to Perform, a:ld a Notice
t~ Cancel, when Samaan failed to remove both her Loan Contingency and her AppnJ.isal
Contingency long after the time set in her Purchase Agreement. Therefore. you claimed, there
was no loss to Countrywide or the Federal Government, no fr.md perpetrated, and no need for
the Legal Department to lake any action.
Similar claims were raised by Countrywide in respons(~ to complaint I filed with Thrift
Regulators. Countrywide Bank argued that Samaan's loan would never have been 1i.:llded had
the transaction not been canceled.
Howcver, McLaurin, in court declarations, supported applicant Samaan's claims that arc
<J iamelrically Ole opposite - that the loan would have d,~finitely been approved and funded had it
110t for Zcrnik's initials of seller on the bottom of Califo)mia Purchase Agreement and Joint
Escrow Instructions. That - regardless of the true facts in this matter:
a) The document prcsented by Parks as the one sent to Countrywide was a fmudulen: f()rgcry.
l11t.·document faxed to Countrywide on October 25,2004, and still in Countrywidc's custody,
included all seller's initials and signalll"~s.
b) Thc only other Purchase Agreement appearing in th<: I-<Jan f-ile was received by Countrywide
on October 22,2004, and was missing critical Buyer's initials and signature_
c) Prior to October 22, 2004, this loan application claimed to be received October 12,2004, and
probably received much earlier (the stamps were adulterated), never included any copy of tile
Purchase Agreemenl Therefore, McLamm or others at Counlrywide could never adjudicate any
initials or signatures prior to October 22~ 2004. Definitely, the file did not include allY copy of
.the Purchase Agreement from October 14,2004 to October 22, 2004, as confirmed by both the
Loan File and the duly assigned Underwriter.
d) Any Broker or Realtor questioned about this case expressc(I amazement at the outlandish
claims brought in the name of Countrywide. In this da~f and age, even loan applications are often
unsigned prior to closing (and Samaan's Loan Applications, fr;audulent from A to Z, showed
signatures that surely did not belong to her Loan Broker).
e)i Legal consultants appear positive ilia! the agreement as such is executed without the initials,
given that the Counter Offer, fltlly executed, stipulate that all provisions of the Agreement are
fully agreed upon by both parties.
But the Legal Department of Countrywide does nothing to stop this ongoing attempt at fraud.
i'
I1
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 5 of 35
This time - not undercover fraud, but fraud in broad daylight, in full view of all inkmal and
external audit, regulatory and supervi~:ion safeguards.
This nolice is to demand that you provide, on beh.alf of the Legal Department of Countrywide,
answers for the following questions related to the First Lien Loan Application of 5amaan,
claimed to be received on 10/14/04, and as represent«i in:
a) Countrywide's production of business records of Samaan's Loan files in Sarnaan v Zemik
b) Countrywide's responses to complaint file with TIlfift Regulators in early 2007
c) Countrywide's responses to a complaint file with Federal Trade Commission from 2007
d) Countrywide's customary business practices
e) Countrywide's reports to regulatolY agencies
I) Are you aware of the declaration of Maria Mclaurin, signed on May 23,2007, and filed in
court on May 25,2007, as part of litigation in Samaan v Zemik?
2) Did you approve this declaration in advance of its filing?
3) If you are not familiar with this declaration, I demand that you immediately obtl:lin a copy
from Maria Mclaurin, and inform me - does Countrywide approve of this declaration at present?
4) Did you approve McLaurin's letter .)fNovernber 6, 2006 ahead of it,> filing?
5) Does Countrywide approve of the conlent of the };'ovcrnber 6, 2006, letter at present?
6) In Meet and Confer you indicated lhat lhe unsigned, unauthenticated, Underwriting
ConditionIDecision Letter of October 26, 2004, produced by Mclaurin in her court filing, was
not part of Samaan's Loan Application File, and indc:d it was not part of any of the subpoena
production in August 06 and in January-February 2007:
Does Countrywide consider at present that unsigned, unauthenticated Underwriting Letter of
~ober 26, 2004, as a valid part of Samaan Loan Application Underwriting I)roc<:ss in 2004 '!
7) Who was the duly assigned UnderwriterofSamaan's LQan on October 24, 2oo4? October 25,
20047 October 26,2004, October 27, 2004, October 2&, 2004, October 29, 2oo4?
8) Under which circumstances is anybody other than the duly assigned Underwriter allowed to
issue an Underwriting Letter?
9) Under which circumstances is anyb:>dy, including lhe duly assigned Underwriter, allowed to
issue an WlSigned Underwriting Letter?
10) Does Countrywide agree wilh the various statemcnt~ made by Maria Mclaurin in her
declarations of November 2006 and May 2007 regarding the October 26, 200·1 Unckrwriting
Letter?
II) Are you familiar with various statements in declarations" emails, and filings of Kcsnavan.i,
Parks, and Mclaurin, which on their titCC appear as gross violations of Regulatioo B by
Countrywide?
12) For example, does Countrywide allow a "source" in San Rafael Wholesale Branch to
verbally notify a loan broker of the dis,pOsition of loan applications, including cood itions fi>r
approval and action taken, without any written notice, and at times in contradiction of written
notices?
13) Are you familiar with the fact that Samaan. the BorrowClr, directly managed her LQan
Application Underwriting, at times by. direct communication with the Underwriter lind others,
and at o!her times by misrepresenting lax communications a:; coming from her Loa,rJ. Broker?
14) Does Countrywide approve of Bonowers managing their own Underwriting Bmkerage and
loommunicating with the Wholesale Bnnch?
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 6 of 35
15) Are you familiar with the fact th.at Samaan stakd in her deposition that she did not even tllk
with her Loan Broker, let alone prcs'~nt him in person with any documents that Wt~rt~ presumably
the basis for the loan application 1003?
16) Are you familiar with the facllh.lt Samaan slated in her deposition that her hu~;band, who is
her Loan Broker's cousin, was the oue who prepared her Ie-an applications?
17) Does Countrywide approve as part of its business practices of Borrower's SP<)IlSC, who holds
no license, and possibly is barred from ever holding a license, to prepare Borrower':> Loan
Applications?
18) Are you aware of the multitude of fraudulent data incorporated in Samaan's LJan
Application 1003?
19) Does Countrywide approve of such fraudulent loan applications?
20) Was Gadi ever made aware that the income presented 10 him, of $4,000,000 had no basis in
reality?
21) Was Gadi ever made aware that the credit determinations appearing on Exception Rcque:;1,
Branch Input., had no base in reality, and were produced without any supponing Underwriting
Notes? .!
22) Did McLaurin ever run CLUES report on Samaan's application as demanded by Gadi, after
10125/04?
23) If so, why was it never presented in subpoenas?
24) If not., how was she allowed to proceed with loan approval without any alann raised by an:,
of the internal audit, external audit., kgal, managerial, and regulatory oversight mechanisms?
25) Did Samaan ever satisfy the colld ition originally sel by Frazier on October 14, 200'1, then
repealed by Gadi on October 29,2004, that Samaan musl submit valid loan apphc<llion (1003;,
showing the correct interest rate and die correct calculatiOn> based on such interest rate in her
loan application 1003?
26~ If so, Y"hy were no such loan applications (1003) produced in subpoenas?
27) Did Countrywide ever provide approval Samaan's First Lien Loan Application without ever
receiving a valid loan application 1003 as deseribed in 14) above?
28) Was Samaan;s First Lien Loan ever unconditionally approved for funding?
29) Would Samaan's Loan Application 1003 be approved if presented today lor Und(;rwriting?
For ending - some simple ones:
30) What was the true receipt date or Samaan's Loan Appli<:ation?
31) Who, when, why, and WIder what guise adulterated the Date Received stamp?
)2) Did Countywide rcally never conducted any investigation of this gross violation of
Regulation B1
33) You are fuUy aware, after it was pointed out to you numerous times, that Sama.an's income as
listed in the printouts of Exception Request, Branch ![nput., c; a rough adulteration. The printout
was covered with whitcout - and a new figure nandwriuen in. Detailed reading orlne documents
explained why: .
McLaurin ineee"ase.d Samaan's income, fictional to stmt out, ten-fold., to S4,OOO,OOO per year, for
the Exception Request. But the file c<:>py was made to appe:1f in syneh with the loa,rl application
at $400,000 per year.
Did you ever investigate who made thi:s adulteration?
Was there any report issued?
W~ there any violations of Countrywide'S practices in thesl< actions?
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 7 of 35
Joseph Zcrnik
PS:
It is Friday afternoon, and I must end on a personal nole. I was born in Jerusalem, on my
Mother's side- of a Hebronite Jewish family descended from Rabbi Schneerson and Sephardi\:
roots combined, and on my Father's side, descendent from the Gennan Rabbi Akiva of Eger. [
married a descendent of the Luz:z.a1to family. Combined, my children, who grew up in this
residence, and my teen age son, still living here, hold a van treasure of Jewish family memories
over the generations.
( was disgusted and appalled by your hypocrisy, representing yourself as an observant Orthodox
Jew, in order to avoid ex parte appeuance in court to repn:sent your positions - supporting fraud
and deceit.
I was similarly disgusted when I re.cognized that Sandor Samuels, the head of your department,
and an orthodox Jew, serves as the 2006-7 President oftlle: Board of Beth Tzedek, a Jewish
charit.able organiz:ltion for legal aid. Fraud prevention, and in particular real estate fraud
prevention are advertised as a high priority. And the Orthodox Jewish lawyers who refused to
represent me in this case because of the Orthodox Jews in your department only r.l:l.de it more
abhorrent. Your department, as managed by Samuels, base:d on your conduct to J~ti;, appears
dedicated to aiding and abating rcal estate and mortgage fraud committed by a (countrywide's
Branch Manager.
Combined, tile conduct of your department over tile last half year bears testimony to a Legal
Department that disregards the rule of the law, and suppol1S abuse ofjustice. In printing Beth
Tzcdck's logo "Tzedek Tzetfek Iirriaf " ("Justice, iustice you shall pursue " ) in Beth Tzedeo~ 's
brochures, bearing his portrait photo, Samuels and you jo~ntly make Iidicule oftlJ,lt
commandment, whose words have been admired over the millennia by Jews and non-Jews alike.
I find tilis particularly poignant since in 2006 I published by commission a French translatiollof
Hebron Stories by Shami (1&88-1949) for the Calvinist Church ofSwitzeriand, uncI' publishinf
it in English in 2000 to rave review by the Los Angdcs Times. '[be thcmes of the!;e stories, I told
the French non-Jewish readers in an <:pilogue, were those of the Hebrew Prophet., - Micah and
Amos who lived walking distance from Hebron: social justice, and protcst of hypocrisy through
overzealous devot!t religiosity.
"Will the WRD be pleased with thousands ofram.r, or wi'th ten thousands 0f,i ~'ers ofoill
ShaIJ I give my FITS/born for my transgression, the fruit ofmy bodJ for the sin of my soull
He hath shewed thu. 0 man, whal ir good; and what doth the LORD require ojthee,
But (0 do justly, and to love mucy, and to walk humbly with thy God'!"
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 8 of 35
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 9 of 35
From: jz\234)@earthlink.net
Subject: URGENT: TinltAI re~ponse required - demand for declaration by Countrywide
officer.
Dear Mr Mozilo:
In 2004 Zemik listed his residence in Beverly Hills for sale. Nivie Samaan made an
oITer, which was eventually acc<:pted by 7..emik. As later uncovered, Samaan was never
qualified to purchase the Property. She was a cosmeti,;s saleswoman who fra'udulently
represented herself to Zcmik a:j, a realtor who closed several deals a year, and who
fraudulently represented hel"$c1fin her 1003 (AUachment til) as solely deriving her
income as President of a Corpor.ltion. Her Prc<:luali ficltion Letter was a product of fraud
and an instrument of Fraudulentlnducctncnt to obtain Zemik's consent to the Purchase
Agreement.
Maria Mclaurin, Branch Manager, buyer Nivie Samaan, buyer's husband and Mclaurin'
s fricnd Jae Arre Lloyd (fomlcrly Timothy Lloyd Monow), and his cousin and business
associate Vietor Park, all operating in the fi~ld of real <:state and mortgages, initiated in
2004, several types offraud, aU related one way or another to the pending sale of my
residence. Mclaurin and Lloyd were most likely well versed in mortgage fmud, hut this
fraud schemc did not work on schedule - approval oftfte I" Lien Loan #8137375 was
considerably delayed, poSsibly b,;cause Lloyd and McLaurin were trying to outdo
themselves this time and issue ;\ ti'audulent jumbo mor1gage, with no document.ation, and
!it reduced interest rate. The latter proved more..d ifficult than anticipated (Attachment
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 10 of 35
##,2,#3, #/4).
Following Samaan's failure to perform, and the real i7.ation, on several aCOJ unls, that she
was not dealing honestly, Z.~.rnik issued Notice to P~rform, and later, after Samaan
refused to perfoml, he issued Instructions to Cancel Escrow.
A year later, in 2005, once the price of the Property considerably appreciated, Samaan
filed claims for Specific Performance, and placed Ii. pendens on the Property. Sama<ul's
claims initially appeared un:iustainablc and absurd, but false and fraudulent statements
and documents (Attachment #5) brought or supported by McLaurin kept the case in
court for the second year now.
I demand your help in mitigating the damag~. nsulting from unlawful, fraudult~lltt
conduct of Maria Md.aurin. To mitigate damages, and to help in stemming the
ongoing fraud and deceit perpetrated against Zernik, please personally. ensure tI!.!!t..L
am provided by J<'riday, JIJ.ne 29, 2007, S:O~!>~. declaration by an authoriud
officer of Countrywide, outlining relevant details shown below (Attachment #6).
Sincerely,
Joseph Zcmik
* Countrywide here refers 10 CFC, Inc and all its subsidiaries and affiliates
any.
~
rJl-oT24 Marlo rovec \e(tef ~ thoft lltta::fnetqd
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 11 of 35
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 12 of 35
Original Me33age
From: jz12345
Sont: 06/26/2007 04:58 PM HST
To; sandor_samuels~countrywide.com
'Cc: rabbi j j8adatadeLorg
Subject: fWd: Samaan v. Z(~rnik ._- Response To YOur Correspondence to Angelo
Mozilo and Sandor Samuels
Mt Samuels:
I approached you as President of Bet Tzed,cIc, where you repres<:nted your C<Jmmitmen( tll
fig:ating real estate and other types of fraud. Your response, through Mr £Joock, appca,~:;
inconsistent with your representations as President of Bet Tzcdek, and your standing il~L other
Jewish institutions, such as Adat Ariel.
Wouldn't it be t11e easiest case t11at Bet Tz.e:dek ever resolved, if ),ou made the very same
statement (9 words in total), in a ~eclaratiCin by you or by any other officer of Countr)'wide"'.
Jos':ph Zemik
·Countrywide here refers to CFC, Inc, and all its affilia~e:> and subsidiaries
X-WS5-ID: OJK1Zill-QE-QI)E-Q1
To: jzl2345@earthlink..net
Subject: Samaan v. ~ - Resp<)Ose To YO!Jf COrrcsPOndCl:lCiC to Angelo M():~ilo and
.-
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 13 of 35
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 14 of 35
jx 12345@eBrih~nbiet
071OmOO7 10:09 AM To sandor_samuels@counllywide.com.
angclo_ffio)zilo@a:oontlywide.com
cc rabbiilb@adatariel.org
SLJbject URGENTl TIMED HESPONSE HEQUIRED Ell' HlESDA".
JULY J. 21)07, 5:00PM ATIACltMFNT PART II
S.mdor Samuels
Oilier Legal Officer
Countrywide
You arc addressed here in an urgent call for justice by a person, whose life is on the V(:[J~C of ruin
as a result of wrong and dishonest condIJ(:t by a Countrywide manager who is deliberately
aUempting to subvert justice in the Los Angeles Superior Cow1 under Countrywide's name.
You are the two individuals in whose person the s:ifegmtrd of tile integrity .ofthe operations of
Cwotrywide is most clearly vested., an<l; in whose power and authority it is to mend this wrong.
Rabbi Jonathan Bernhard., the Honorable R Williain SclJoettlcc, and Rabbi Shusterman are
copied as witnesses to travesty-ofjuS6o;: at various points along its way. Others arc copied, since
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 15 of 35
Sandor Samuels is .....v addres!>ed as the President of Bet Tzedek (House of JustiCJ~). and in hi:;
capacity in other prominent Jewish e-rganizations in Los Angeles, such as Adal Add , and the
Ziegler School ofRabbinical Studks. Bet Tzedek is a not for profit Jewish organ::-'..ation
dedicated to the cause offurtheringju'>tice through free !ega.! services to the needy,. and to stelr
fraud - with real estate fraud prevention listed at a high priority. Bel T'zedek is a worthy
institution, and one that can proudly be held as a symbol of the Jewish community's ·:ontribution
to the people of Los Angeles in particular, and the historic contribution of the Jewish
Community to American life in general. The work of Bet l'zedek was reviewed or mentioned for
their positive contribution .to justice in the Los Angeles Times, NPR 's MarketPlace, the Lor
Angeles Daily Journal ,the Jewish Journal, and oilier publications.
In web pages of Bet Tzedek Mr Sar.·IUeiS slates: "Whom do you call if)'ou are eJd'edy and
someone is trying to evid you from your apartment or your house? .•. The alfSwer (0 these ....
is a resounding Bet Tzedek! " (Attwlrment A ). I am not elderly, but a real estate fraud
perpetrated against me in the LA Superior Court by a Countrywide Branch Manager and her
associates, may leave me elderly and poor. In those web pages Mr Samuels expressed his
commitment to justice, and in this le:tn I call upon him to a,;t based upon lhese commitments.
The biblical commandment" Justice, iustice You Sh'7/1 Pursue" from the Five Books of MO$l~s,
is featured prominenlly as the guiding words for Bel Tzedek . Indeed, that commandment, and
even more so the words of the Hebrew Prophets have been admired over the millennia by Jews
and non-Jews alike" ... To turn aside tire needy from iudgmmt, and to take away the' right from
the poor ofmy people, that widows nwy be their pre}" and that they may rob the lal"erl~ss! "
Isaiah is probably the best known, in part through his reflection as a major influence -on the
writings of the New Tesfam(!.Jl(. Indeed, some of the: figures that are held as !>cacm}:; in the
contribution of the Jewish community to American law, followed the S<lnle path, and may be
eerily relevant 10 our matter:
Justice Louis Brandeis - one orhis ~:st known contril:Jutions was the Brandds Briq - claimed to lx:
the first bricf in the Unilw Stales Ihal relied on analysis of factual <llta r.lthc:r than pure legal 1l100[y Ie argue a cas,~.
documented the negative health effects of erap(oyees long working hour.;.
Ilenjamin Cardozo - known best for opinions such as:
• Ily~ v New York Cenlra/ llailroa.:l Company· about Ihe Duty 01 Care of a large corporation in
relationship to individuals who wer~ trespassers!
• MacPherson v BuicJc Motor Co. • v.1.ich expanded Duty in Negligence Ac/ions and rcddulcd IIle s';0l'( of
Corporate Liability
• Berkey v_ Third Avenue Railway. which removed !lIe ~eil of complex corporate structures with
subsidiaries_.
Indeed, President Franklin Delano RttOsevelt, seeing in Brandeis a model Justice, aHc:ctionatcly
nicknamed him "Isaiah ", and the me:l<lphor of "City ItpOIl a Iml "for a just society, fealured in
President Reagan's Farewell Address, goes bad through the puritan Winthrop and tilt: Sermoll
on Ihe Mount to Isaiah as wei\.
[therefore also approach Sandor Samuds in the Spirit of the upcoming JUstice Ball" • on July
28th, 2007, the annual fund-raiser for Bet T1;edik ,a model Jewish institution in Los Angels. I .
wish Me Samuels and Bet 11.edek a ~uocessful Justic.e Ball • and I was happy to see the listof
-iillustrious sponsors. No doubt Me Samuels' tenure as President had a lotto do with thaL Will
FOU gather to celebrate ti,e proteciiotr t?f Justice in LA, while u.nder your watch I (1m being
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 16 of 35
robbed in broad d.... 0'.' of my hoii'w and my saving hecause of madwn by Coulltrywide?
) am the victim of Wire Fraud and t.:eal Estale Fraud perpetrated by Maria McLllIrin, Branch
Manager, Countrywide San Rafael, and her associat(~: Nivie Samaan and Victor Parks (non\~ is a
Countrywide employee). Since November 2006 it appears that Att Mohammad Ke:shavauj, of
Sheppard Mullin, is also a major figure in fabrication and coordination of fraud in lj-lis case
(presumably all protected under litii?,ationprivileges). Samaan's fraud attempts that 1am
personally aware of now were initialed in September-October 2004, bull was not aware of
these, and had no understanding of :Jny of the related complex areas of the law, banking, and real
estate until December 2oo6!
As much laler turned out, Samaan and Parks had an ammgemcnt,·whereby Parks, who at the
tiime apparently reside.d and operated from ·offices in the State of Washington. with corporate
offices (pacific Mortgage Consultants) ill northern California, 1I0t far from San Rafad. Parks
allowed Samaan and Lloyd to broker Samaan's loan with the San Rafael Wholesale Bnmch. To
f.lcilitate this scheme. fax transmissions sent to the fax nwnber that was provided to us fO£'Parks,
with an area cod(: in Washington State (;lCCOSS State lines) were automatically forwardc:d to
Samaan's fax machine in the Los Angc1c:s, California, BICCa. It also appears that fax. transmissions
tbat we believed had come from Parks, in reality originated from Samaan's fax. machin<: in the
Los Angeles area.. Please notc that the elements of Wir~ Fraud, a Federal violation, include the
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 17 of 35
.attempt:it fraud, but UIJ not require th~ actual success of the fraud attempt. And Wire Fraud
attempt against a financial institution may result in a prison sentence of up to 30 years (
Attachment D )!
Some of the early evidence of this scheme was presented in email notes from Michael Libow,
my realtor, on October 18 and 19,2004 (Attachment l~). In these email notes.Lilxlw repeatedl:t
demanded that Parks explain Libow's observations re{~arding phone number switch dtzing fax
communications, that Libow first observed on October 18,2004. Parks refused to r,~spond. To
facilitate the deception, Samaan opemt,~ her fax macltine(s) without phone line and sender
identifications, in violation of Federa I law and FCC regulations. Samaan also communicated
through such lines on behalf of Victor Parks her loan dOCuml:nts to Countrywide, for l.he
purchase of my home. Such an arr,m~:l~ent could not work with out implicit. if not explicit
approval from the Wholesale Branch. 111e use ofunidenlified fax: machine for loan origination
and support documentation is not only in violation of the law, but also contradicts Countrywide's
OWll regulations and policies regarding the use of fax machine. Countrywide, a gicUlt
corporation, has been involved over ttw years in a number of litigations over the correct use of
fax machines, and certain FCC regulations were written explicitly in relationship to the use of
fax machines by Countrywide. As such, Countrywide has developed specific corporate policies
and instructions regarding the use of fax machines. Given all that, it appears incredible, that
review of Samaan's l.oan file, obtained through legal subpoena from COlffitrywide, sbows that
almost all the documents supporting lhe qualification of the narrower, Samaan, and her
responses to Underwriting Decision/Condition. Let/us set by the duly assigned Underwriter -
Diane Frazier, originated from an anonymous fax machine, with no phone line numbu, and n')
Fax cover sheet. It appears illcredibklhat this worked, if we are to believe tile loan file (
AUachmelli f] listed such anonymous fax communications found in Countrywide's loan file.
A few transmissions, also listed in AtrQcllmell/ F carne from a machine explicitly identified as
Samaan's (Spellbolmd ). Our hypolll<~sis, based on evidence not ShOWll here, is tbat these
transmissions were all froin an lIP L:s·::rjet fax/copier/printer, and Samaan routinell' toggled the
settings on the machine between two identities:
a) Anonymous - when communicatillg on behalf of Parks, as a Loan Broker, and
b) Spellbound - when communicating as herself
But she forgot at times to toggle the identities, and therefore, we find several transmissions that
were intended to be from Parks, but carry the fax imprint Spd/bound, and a numher of
transmissions by Sarnaan as Samaan, with fax imprint Anonymous.
Of particular interest is the fact that onc~ of the documl~ts faxed with the imprint Spellbound.
·dated October 22, 2004, was a conujJt, invalid Purchase Agrebrtent and Joint Rn:mw
Jnstrudions '. the key docwnent gov(:ming the whole transaction. Also ofinteresl n:garding d121
transmission is the fact that it apparently did inClude 8:.llit~. that is missing from th<: document
as presented in the Loan File in respollse to subpoena. We bdieve that in this case thc:re was
indeed a fax: cover sheet Possibly including incriminating infl)rmation. 1berefore, Ibis page wa:,
diminatedfrom Countrywide's subpoena production in violation of the law. C..ounuyNidc's
:sophisticatOd fax: systems all<?w recovery of thiS missing docmncot even whem the paper copy
was destroyed, ~d ( e,xpcct Countrywide to do just that.
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 18 of 35
Of particular interest is also thl: fact that in anonymous transmission dated October 4.2004, till:
document titled Broker and B()rrowa Document Certificat.~on bears the signature ofSamaan,
but is missing the signature of both Parks, as Broker, and signature for Acknowledgement by
Authorized Employee (A[/achmen/ .~~). [n contrast, the ne>1 page, Mortgage Lom1 Origination
Agreement, bears both Sama3n's an,:( Paries' signatures. BUI. the Parks' signature hcn~, and
elsewhere in the loan file bears no re:,cmblance to his signature on court declaration.>, and is
likely not to be by his own hand (AffiH:lunent F )
Broker Document Certificatioll is a key document in the loan file. The lender has no control of
the documents prior to arrival, and a valid Broker Documen.' Cutifrcation provides at least
some limited guarantee for the integrity oflhe documents pn:sented to the Underwriter. Diane
Frazier surely noticed such deficiencies and others that raised concerns for mortgag.e fraud.
Therefore, she included in the Underwriting Decision/Condition Letter of October 14,2004, m
a condition, to be satisfied prior to loan approval - lhe receipt of signed Broker Docllment
Certification . But such signed Broker Document O·rtijica,'ion was never receiv,:;,.j" and is slill
missing in lhe Loan File. Maria McLaurin, after assuming underwriter authority on October 2S,
2004, deferred this condition in violation of Countrywide's O''ffl regulations (below).
"The facts regarding wire fraud can be corroborated by Midla,~1 Libow, my realtor, lind by Joshua
Allen Mailman, designated as
my Expert Witness in this case (Auachment (~ ).
pngoing Renl Estate Fraud--.!!1'- Sama[1l1, Parks, and McLuadn against Zemik
[. Fraudulent Inducement
I was not likely to accept Samaan's oncr to purchase my resicence in 2004. In fact, I fu-sl
responded to ano'ther offer. I wnsiden:d a realtor reprcselllin,~ herself as a higher ri:;1; offer, it
lacked qualification of the buyer by an ann's length neutral party. I also communicntcd thaI to
my realtor, and within a few days I w"s presented wilh an excellent Prequalificalioll Ldter on
Pacific Mortgage umsuUants letter h.;ad, transmitted by fa>:, and signed by Viclor Parks. Such
a Prequaliftcation Leiter is als') required by the standard PUlchasc Agreement that was used in
this lrnnsaction./Two and a half years ,taler, when I compared :he signature 011 that kiter with
signatures ofParks on his court declarations, I realized tllal lh,~ was no thread of semblance
between them.
The content of that Prcqualijic.alion L!1fer had no "base in realily, and tbe letter was m~~ based
on a written .loan application as required in tbe standard Califi;rnia Residential l'urdutre
Agreement and Joint Escrow InstrudiollS , which Samaan si~1:d to produce a valid offer to
purchase the house.
Who wrote and signed that letter? On what basis? I dOIl't mol'!.
Additional evidence for Fraudulent lnducemart included the: fact that Siunaan listed iin one fax
commUf,lication a stock account tlat sh(~ would liquida~:d to:mlke the initial paymen!.. No such
acCount ever existed, as she admitted ill; deposition. In another fax she rdated that she was a real
estate saI~n who closes a ft:w dCll.ls a year. We laler learnt that she had never paJticipaled
iIi any real estate trnnsaction whatsoever.
· ~ .
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 19 of 35
,-
Samaan was at that ume a cosrnetks saleswoman in a depart:nent store, represented to us as a
unmarried woman. After I accepted the offer on September 15,2004, the story was <:hanged, and
she was engaged, to be married wiiliin a few days in Hawaii. But later - in her loan applications.
she was listed (apparently by the purported newlywed husballd who prepared the applications) <lS
an Unmarried Woman purchasing the property as Sole Owner. Similarly, in escrow doctlm.~nl.s
completed in October, she signed on declaration that she W~ an Unmarried WOIIUUI . 'Il1.at
change after my Acceptance, effectivdy gave the newlywed husband the veto power at close of
Escrow. Ifhe wished - he could provide a Quit Claim, otherNise, he could demand (0 be listed
as co-owner,
A.re they married? Are they not? Why fhey entered thi5 part (Ifthe fraud? Jdon't know .
. (n addition, Samaan was listed in loan applications as a Presj'dent and Sole Owner of a
corporation - Spellbound Enterprise, Illc , for at least 4 year, with no ot11er employrncnt, and
with income of $400,000 p'~r y.~ from that corporation. Su<~ claims are far fetchl;d. The
"~rporation was established less than a year earlier, arid a<:co.,·ding to its web page, engaged in
web retail sales of psychic and occult consumer products .. 'The Supernatural Supe'r5'tore .. -
provided Tarot cards, divining ,object;:, anointment oils, and (rystal balls:.
'Il1e Underwriting process at Countrywide starts"with Foose J~ There is one document that is
dearly, unmistakenly absolutely necessary at this point - a valid, complete Ulliform R~~idential
J~an Application (L003). 111<:I'e is no way that any undcrwJiter could credit determinations of
any applicant without a 1003, moreover, it is required by Regulatwn B. 111e 1003, combined
with: COlffitrywide's proprietaIy Llmlsafe Report, and an ajditional Credit RepOIt i~;sued by dIe
Loan Broker (in Samaan's case it was Coast Credit) ,are then processed via the proprietary
Clues Expert System to gencmte the Clues Report.
As it turned out, the compound fraud (funding of an uflWOrth)' applicant, and issuing same a
substantially discoWlted mortgage 10al1) was not as easy to pu II off as the perpctratols3ssurned.
T1Ie local branch Senior Underwriter"" Diane FraZier - repe-.atedly refused to issue cr{~:lit
determinations based on invalid Uniform Residenlial Loan AppliCD.tion 1003 showi\1!~ major
violations of loan progranl rules. And the Clues ExpcIt System was similarly uncooperative - it
i:isued a "REFER" determination (dJ!!:!£hmellt ll). Frazier laler lost her job, in part as a resull of
her conflict with McLaurin relalive 10 Sanlaan's loans.
~Iot being able to issue a credti deteonination. Frazier, then is:;ued an Underwriting
LleciswnlConditwn Leiter, dated OCl:,ober 14, 2004, and beating her hand signature (daac1lmg!(
!.), In it she made it clear that Samaall~ Loan Application wa:. temporarily suspcndw , and
Samaan had 10 days to provide new L()an Applications: (1003) and other documents. The
conditions as listed by Frazier Oil lofl4/04 for initial approval are lis~ below, follow(x1 by
Samaan response, in Italics : "
I) Acceptable explanation for <liscrep.mcies in "employment a<ldress:and phone infonnalion -
Sanuum never C/Jmplkd with this condition. since her se(femployment was in fact a
fc.'brication
-2) Approval by Corporate Unda:writinl~ Office, once a new se~ of tripliCate copies of 100) wid.
the.O.75% fees are provided by Samaan .
The harufling ofthis through ex~ptioir Request (0 Demetrio Gadi is described below
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 20 of 35
The list above shows that out of 7 conditions for Initial Approval defined by Frazier 011 10/14/04.
and which Gadi instructed McLaurin to uphold., SamalUl wou d never comply wilh -1 unlil the
day the applications died through !.!.£J.:rj~ by Countrywid,? wd Withdrawal by Samaan - Jamwry
27,2005!
In discussing the Underwriting LeUer of October 14,2004, one must realize that it is
misrepresented by both Samalm and Countrywide's Legal Department as the first underwriting
review of this application after its only submission. In fact, the adulterated Date Received
stamps show that there was 3.1lolJler su:bmission, aIld the duly assigned underwriter - Diane
Frazier indeed confirmed that fact. TIle Loan Applications w~re first received in San Rafael
around October 1-2,2004. 'l1lerc was an earlier underwriting review of the applicali,)n, and a
requirement was set forth for resubmi:,sion ofvalid 1003's. IJut in mockery of both
lfnderwriling and Regulation B i the response was to produce all instant resubmission within
Sim Rafael- take the old 1003's, cros:. out the Date Received stamps, imprint new Date
Received without correcting aIly of thc~ data, aIld re-sC<Ul them as a new application on Octo bee
12,2004! .
frhy is the Legal Departmenl tTying to (:over this up, when tlu, Loan File clearly shows the
opposite despite their sincer.e efforts? l can guess.
McLaurin then tried to bypass the.loca.l undetWriter. She wai;:ed until October 25, 20{l4. Once
the (OaIl was ~hnicany closed. she usurped Undetwritets aUlhority, revived the application; and
·in violation of Underwriting Conditions issued a referr:ill to Division Underwriting Supporl -
. Demetrio Gadi - for an ExaptiOTt Rtq,uat (Atta~nW • Tllat request was an additional
vio~on of Regu14Jion B:
- it was presented With neither valid IlJ01's nor valid Clues ~qJorl
- the annual incOme figure included in it was to-fold inflated·- from the fictional $400,000 in
the 1003's to S4,OOO.OOO! _
- credit detenninations included in the IreqUest wert sintply.made up, with no basis in ~~)und
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 21 of 35
underwriting principles.
Gadi was most likely infonned by Frnier of McLaurin's chicanery well in advance. Careful
reading of his" Approval" communication shows that he rea Ily did not ~rove a!!y'£~~lion..:!::..
;dl. TIle borrower was to add the 0.75 %, as previous I)' del err lined by Frazier. and tJlc borrower
was required to produce new. valid 1003s. Moreover, Gadi r~nforced the authority of the local
branch underwriter and deterrnined that the Branch Manager must abide by all condi ticms and
decisions previously stipulated by Diane Frazier. Moreover, he added new condition:> that would
make it practically impossible for McI.:mrin to get that fraudulent application funded:
• A new Clues Report wa., to be i~;sued prior to funding
• All documents had to be reviewed by a branch underwriter prior to funding following
Countrywide document quality assurance prooxlure.
• Mclaurin to issue a non-<leleg.ated Mortgage IllSuram:e at cost to branch, and
demonstrate a certificate in the file prior to funding.
In fact this Approval by Gadi, reads lIS a resounding vote of no confidence in the personal
integrity and professional judgement of McLaurin.
I had no knowledge of any of that in 2004, as the seller. in the underlying re-'ll estate transaction.
But both I and my realtor were geuinr: incrc;asingly alarmed t y what appeared as repeated
instances of dishonest dealing or worsc~ and by Samaan's f:lilure to perform. I was also waiting
for Samaan to remove her contingenci.~) prior to making a large deposit on my next dwelling.
But Samaan failed to remove the contingencies, and I :;ubseq\lenlly lost thc dwellinl~ tklt I had
·(:hosen as next for me and my family.
By that time, the typical Califomiareal estate transaction, witll its measured dynamiC method 0['
contingencies, intended to equitably d:istribute the risb and liabilities as the transaction moves
along from Acceptance to Closing, was turned upside down. It was clear tJlat the buyer would
f1:ot be able to close on schedule, but irI waited any longer, she could force me to c1i)~;'~ at any
time in the future. at will~ regardless ofwhether or not I had sl:Curcd an alternative dwelling.
And she could also cancel without an ~;ignificant liability to h<:rsolf, since she still Iud not
[\~moved her last two continl~encies(Loan and Appraisal).
Therefore, [ issued a Noti« to Buyer UJ Perform . [n respome, I r<:c<:ived a letter from buyer in
which she explicitly refused to remove the last Contingt~nc)' (Apprnisal), without any
justification. And Parks. the ptuportecl Loan Broker. was feeding false infonnation to my realtor
ail the same time. From October 1410 October 18,2004, he never.informed Libow, mJ realtor•
.eyen once of any problem related to th·:: Purchase AgreemenL On the contrary. on October 18,
2004 he was communicating that Samaan's ~ was approvt:?!, the only remaining oC)fIdition
bdQg AppraisalReview. Neither couldn't be further th'lll tbe truth - Sarnaan's loan was:
temporaniy suspended pending receipt of valid 1003's. But S.tmaan would never submit valid
l003's{ And on October 19.2004, Parks infonned Libow that Review Appraisal wou:ld! be "in by
F'r"lk y ". (that was Oct 72, 2004), when in effect. it would be almost a week before Maria
Mclaurin would fteSt take over underwriting and order Appraisal Review - in violation of
. Underwriting Conditions. .
Indeed. Samaan already had in her hand an appraisal that came: in at'sales price. and lacked any
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 22 of 35
loan approval. But In response to th,~ Notice to Per/arm, she removed the Loan CO/ltingenc:y ,
and refused to remove the Apprairaf Contingency. Her actions in this regard, and l:ven more so
- the justification she provided in a kUer, appeared as yt:t aoother dishonest dealing, which in
retrospect they surely were. [then acted within myllbso!ule right and issued ft,Slruction to
Cancel Escrow .
In short - the loan file indicates the lollowing doubk history by the time it was produced in
response to a legal subpoena. Needl,ess to say, creating fabe loan history is another violation of
Regulation B :
Date True History Revised HisfQ!J'.
1) October 1-2? - First submission - October 1-2, 2004'1 Records eliminaled. Slamps cross'!d
'oUl
2) Early October - Underwriting communication require.) resubmission of valid 1003's
Records mostly elimi1l(lted
3) October 12 - Mock resubmis.s:ion Now presented as th~' only Dale
Received
4) October 14- 1st Underwri1iti'l~ Letter Prior Underwriting documents moslly
'eliminated
5) October 14-25 Ten days allO'\ved to correct 1003's el:C Samoan again refused to resuhmit
valid 1003's
5) October 25-29 McLaurin attempted Exception Request
- 6) October 29 2nd Underwritl~rlg Later - Conditional Approval
Original r.'pproval Conditions SU;{ .'101
complied with
6) November 3 3rd Underwriting Leuer - Conditiollal Approval
Or~gi1l(l1 Approval ConditiollS still /lol
romplied with
7) Jan 27, 2005! Denial of the 2nd lien loan by Countrywide Samoan Iric,llast minute
Withdrawal to avoid Denial
Jheseevents in 2004 may appear to some as solely an attempt at fraud against Countrywide,
lfacilitated by a Countrywide Branch Manager. But in effect, the Purchase Agreement stipulated
lhat buyer '''shall ad diligently and ill goodfaith to oli/ain d.~ignated loans". 111crdore, the
lraud was alSQ against the me, as selke. I wanted to sdl my house and move in 2004, my life has
been since disrupted, and I am under constant extortion by Samaan as a direct result of that fraud
ntlempt against Countrywide.
From October 2004 to October 2005, Samaan issued various threats, but waited a yC.:lf, and whcrl
real estate continued to appreciate, she filed suit for SpeciFu: .Performance .in Octob<:t· 2005, and
immediatcly placed an'abusive Lis P~~fdens on the property as well. [was instantly Idl Withoul
{lny control of my own property, my ov,n finances, no access to my own equity even to finanoc
my own legal defense against a malici:lus prosecution. and with rio control of my own time of
day for that maUer, with frequent OOWl: appearances and rolling Ex Parte threats tMtBrc
deliberately aimed to harass. I ~ not able to sell, not even t~) mter a long term lease:, ilnd surely
nt>t to refinance at a time ofcon<:ems e'vecswinging interest rates. By now, the prop-ctty has
appreciated over 3~/o, but Samaan is d,~nanding to obt.ain it ill a 2004 price! And in ~~~, I
- - had to defend myself against a malicimlS prosecution daat has completely disrupted my Ii fc.
..----
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 23 of 35
In November of2006 I filed a Motion for Expunge of Lis P:mdens . But in what was probabl>
the most stunning episode in lhis wh<Jk tale of fraud, Samaa l'S husband and her counsel,
Mohammad Keshavarzi, companions in fraud under Sheppa.-d and Mulfin name, were allowed
to produce, in what was at best an abuse of discretion, a new set of documents, never produced in
a prior subpoena in an Ex Parte Sur Reply. These documents included:
1) a new Underwriting Letler , datce; October 26,1004, ncv,~r produced by either COlmtrywid(~ or
Samaan
2) a new letter from McLaurin, endor~;;ing the new Underwriting Letter. and misinterprcting it I(:r
the judge.
3) a new copy of lhe Purchase Agrentlfflt and Joint Esc.roH' Instructions , never s(:(:n befofl~,
never earlier produced by either Coulluywide or Sarman
4) a new declaration by Parks
5) a new declaration by Keshavarzi
And a whole new history was made up for the loan approval process:
1) October 14,2004 - Samaan's loan application was suspcnjed because of missing initial(s) or
:;;ignature of seller on the Purchase Agreement
Which one? it was nel/a specified
2) October 22, 2004 - Samaan asked Mara Escrow for a copY' of Ihe Purchase Agn.;emenl, but
received by fax a copy missing my signature and initials
11wt was afabricatiofJ, Mara Escrow faxed Samaan (they thought (hey were
/clXitlg Parks) a copy bearing my sigrwture and initiaL,.
3) After October 22,2004 - 7.-cmik Sij?;lled the Purchase Agrc ement only after OctolK:[ 22, 201}1 -
11wt was anotherfabrication. TI,e copy oft}'e Purchase Agreemellt..flJnvardcd
by Samaan 011 October 25. 2004 (it come with a fax cover s!u'et identified as Parlcr) shows my
dgnature and initials, a fax header in~rrints show that it is the copyfhat Wa.i faxed Fom Mara
Escrow 011 October 22, 2004.
3) It was Zernik who prevented Samam's loan from lx:ing fUllded by denying her that
iniLiaUsignature.
That was of course another fabrication. If one is to name three rea.':;OllS Samaan':;
loan were suspended I would lists: a) missing valid 1003'5. b) missing d()Cumentatioll of funds
~nd bank accounts, and c) conflicting R~idence and Employment data the nagged S;lInaan as u
potential fraud case by both the Ques Report and the manual Uniform Underwriti/lg
Transmillal fonn.
It is sufficient·to read the corrcspondel:lcc between Lib:>w, my realtor. and Parks, Sam3'-"lIl'S LQan
Broker on October 18-19,2004 (Atlac[!!Ttent E ) to see that this fabrication had no b25e in reality .
.F'~ in all Communications with Lib:)w,never asked for such initials or signatUre. And Mara
I~w did fax Parks a valid copy upon his request on October Tl, 2004, but Paries tIlled to
provide it to CountryWide Wltil Octolx:r 25. 2004, all well aftet" I cancelc<l escrow.
. I first came to realize that something a wfully wrong W~lS goinl~ on in November 2006. After a
. f(:w ~onths of intensive learning and investigation, I finally realized fuat all five doournents
listed-above, introduced by Keshavarzi:-and Sheppard Mullin in Novern~ 2006, and some
as
. others filed ill that hearing well, were all products ofrraud, a full collaboration belween
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 24 of 35
Samaan, Parks, McLaurin, and Kesh:rvarzi. Keshavarzi, Sanaan's attorney. described such
allegations as "conspiracy theory n.
But I repeatedly demanded that Counlywide explain how suddenly, in November 2006, a new
Underwriting Letter appeared for a real estate transaction in 2004, after it had been consistently
missing from the Loan File in four (4) repeated subpoenas! And Countrywide evenlually
produced in mid April 2007 a series G f documents recording Procurement ofPerjury including
the newly emerged Underwriting Le1!er and Mclaurin's letter that introduced it to court (
Attachment K). With that production, the Legal Dep;utmem repeatedly claimed, and stated in
writing as well, that all documents related to Samaan y Zernik were produced. Now we are 2-:1
months later, and it was obviously a dtXeptive claim,
But the Underwriting Letter of October 26, 2004, newly emerged, was not a valid Urraerwr;titrg
J-eJter at all. It did not reflect the tru:: loan underwriting precess as of October 26, 2004, and it
did not say anytlling about suspension on October 14,2004, as a result of missing Z,crnik's
, iinitials or signatures as claimed by Samaan in court. Yet the Legal Department ha1; consistently
refused to provide any statement to counteract the hann done by Mclaurin's fraud, while
McLuarin appears in court as a spokesperson for Countrywide. Instead, the Legal Department
has repeatedly hid behind the irrelevant and false claim that it had complied .with its re~'iponse to
II legal subpoena, and with it appeared tilat it had considered it fulfilled its obligations
And then by June 2007,1 discovered tl·':lt already in early ApriI2007,·in response to
investigation by a Federal agency, Countrywide had engage in correspondence that wntradictl:d
McLaurin's claims in court. Countrywide claimed that SamlUlIl'S loan would never w()\ll~ have
been funded, regardless of seller's canccllation! Those docurtlcnls were omitted from production
in violation of the law.
At present, it appears that if allowed to continue, this (AlSe will surely bring me to bankruptcy -- a
case that represents everything what B,~t T1.edek 's mi~;ion is w prevent - real estate [mud
perpetrated againSt a lawful owner by pmfessional crooks. A Countrywide Branch Manager,
which I have never met in my life, an~ with no discernable reason, has been trying to hann me
by enabling and facilitating fraud by San'la311 and Parks against seller, which by now totals
hlJl!dreds ofthousands of dollars. Togt:lher they have s.cuttJed my life plans; and are dlreatening
t9' drive me to bankruptcy. I have already"been forced to open retirement plans to finance my
a
d<~fence in malicious litigation where McLaurin is obviously an accomplice, and Cowltrywidc's
L~gal Department's role is still to be deltenni~ed.
Attorneys for the Legal Department c1e:uly show no intl~ in the fact that a Branch ,Managcr
ati:i:mpted· fraud against the bank. In fuct attOrneys for the Legal Department have bc<:n trying (0
C<l'ver·it up by prOducing partial responsl::; (0 subpoenas, and·at times making deli~ately false
representations to the fraud victim: In tlltdr moSt ~t email (below), all that was dc~nied. But
in the very same email note was the statement that flfSt made me aware.that Country,vide
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 25 of 35
engaged in an internal investigation that found my all~gations "without merit", which had ncv~r
been produced in four (4) subpoena f.oroductions!
That fact alone shows that my allegations were not "without merit". For one, I have: deciphc("('(1
most of the documents in the loan tiI(:, and otherwise, months ago I managed to gel hold of the
local branch underwriter, Diane Frazj,~r. She confirmed my ':;oncerns, and provided me with
invaluable data in understanding som(~ of the missing links. She also provided me ,...·jth general
information regarding loan underwriting in the San R;lfael Wholesa[e Branch around 2004, that
allowed me (combined with some estimates from elsewhere) to make some estimate:, of the
scope of fraud conducted in that bnU1dl.
Ofinterest, when I last tried to call Frazier, a man answered lhe phone, who warned me that I
must never call her again, since she promised Countrywide n~ver·to talk about these issues. If
ever called her again, he promised to "(:ome down to LA and gun you down". We;
subsequently tried to serve Frazier wi~b subpoena for deposition, but it vanished, had abandoned
her residence within days aller my last phone call with her, n·)where to be found. In our last
, .phone call she doubted that anybody "couid bring Maria MclAurin dow,r. "
.In subpoenas and Meet alld COllfer I have repeatedly asked for any Internal Audit, illiemaJ
Audit, S~curity or Imaging Reports . or data independently gathered from PipelilC/~ Reports for
lhe relevant months, to com)borate tll<:; data in the Loan File. lbe Loan File, as produced by the
Legal Department, was obviously intended to deceive. lllcre was no way to constnl(~t a
wherent, internally consistent undCiwriting process OUit of th<: material in the Loan Fi Ie as
produced. And despite the intense effo)jt to erndicate conllict] fig cviden('-c, it still sllows that
Samaan's loans were submitted and reviewed prior to October' 12,2004. nut aUome;y:; for the
Legal Department repeatedly engaged in deceit, claiming that I was asking for records: that were
'non-odstent ". That claim was repealed even in the rl;cefit note.... last week (sce bdow).
None of the extensive email correspomknce related to this Imm file was ever produced. Such
email correspondence would surely provide much of the missing infonnation. Mcl.AlIJrin herself
explained to me by phone on December 2006. that she had bo~n personally involved in preparing
th~ original subpoena response, and (h;11 she had concluded that CoWltrywide was not obligod to
produe<: such digital records in response to legal subpoenas. Instead, Countrywide l1::pealcdly
produced an invalid empty paper form titled "Conversation L7gS, San Rafael Brandl ". A1readl
months ago, Diane Frazier informed ml~ that such paper foons have never been.used in San
Rafael at least as far back as 1989. the year she started working (here.
, II is also obvious that critical fax. cover sheets or transmittal letters were consistently climinatcd
i fi'Om the loan file. The r:eason. most likdy is that they would have shown that whichi.:; obvious ..
I that San.taan brokered her own Joan with the Wholesale Branch, in defiane<: of the law and
j COWltrywide regulations. I kn9w enoulr,lI about CountI]rwide's systems and practices b.Y now,
I
,;
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I
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 26 of 35
and some of Ihe history of Countrywide's litigation history in relationship to the use of fax:
.machines. There are even specific federal regulations authored in response to problems arisinf:
from Countrywide's fax machine praGticers. Therefore, it i:; obvious that by 200·1 Countrywide
was using sophisticated fax: machines that would allow retrieval of any lost paper copies from
transmissions. And Countrywide stair was supposedly trained in FCC regulati9ns, and secunl.:1
regulations as well, not to accept loan documents arriving ftom an anonymous machine, with 110
phone line listed, and with no fax ro','er sheet. And if that was indeed. the case -then there
should have been an Internal Audit report reviewing these instances;
"
The buyer, who in 2004 had a check [or a $1 5,000 deposit bounce twice for NSF, luts now spenl
by some estimates around $200,000 on legal fees. And strangely enough, attorney Keshavan.i
seems particularly interested in prote,;ting Mclaurin. the Branch Manager, who is 11-C.t even lhe:r
clienL In relurn,.the Branch Manager supplied buyer with fraudulent claims, fraudulent bank
documents, and made statements and declarations in l;Qurt t.hat form the foundation of this
malicious prosecution.
The damage caused to me by this mallicious and illegal conduct of McLaurin is en')[1l10US, and is
rompounded by the day.
1 sent last week a rouple of email requests to Mr Mozilo and Mr Samuels marked "I.lrgent". and
"Personal". I have never heard back li'om either of you. Instead, I am got a recycled obfuscatill!:
response from the same Legal DepartJlO.cnt attomey who has been deceiving me for almost a YC<lr
now, claiming thaI Countrywide complied in full with Legal Subpoenas, etc. It is till: same
attorney who used a claim of piollS observance of the ./ewish holiday of Passover to :lvoid
.showing up in Court to defend his position. As a fallie;r who raised his children in IIH~ Jewish
faith, I found that particularly offensi\',~ and despicabk.
In a previous letter I have reduced my request to a declaration of nine words by an officer of tilC
c:orporat.ion. a repeat of the statement tnall was infonned by Thrift Supervisors (Ft:dcral
Banking Regulators) was used by Countrywide to fend oIT investigation into this issu,~:
Samaan's jirsllien loan would never have been fundd . In response I got a refus3J by the same
attorney.
I would still like to believe that I would ~~e( a positive respons,~ if you knew the facls in this
matter, which were therefore provided h,~re for your review in rather gi-eat detail. I slill believ,~
t.hat those who would be hosting the Ju:rtice Ball later this month, celebrating with many in the
law rommunity, would not allow this to stand.
Following are some examples of statements (in qu.)tes) fmm offending filings tbat resuU(~d
from this fraudulent Countrywide document, foll(j,wed by my statements des<Tibing the
true facts in this matter:
a) Plaintiff, through her Attorney of Record, in the Sur-R,~ply Brief p7, referrinl~ to Opposition
Exhibit #24, stated:
"TIle following week. on Friday, October IS, Parks learned I1mt the lender was s~;pending a
decision on the loan because defendant had not yet plOvided Parks with a signed Purchase
Agreement (parks Decl111, Exh 24)'"
This statement is repeated numerous times, but it is false and deliberately misleadlflg. J<:xhibit
##24 is an invalid, false and misleading documenL
_b) Victor Parks in his declaration ~[J the Opposition to the Motion (E:xhibit #l00), pS states:
" 11. TIle following week, on Friday, October IS, I learned that the lender, Countrywide was
suspending a decision on thc loan bccause Zcmik had not yct sent me the fully cxeccutcd
Purchase Agreement. Attache.d hercto as Exhibit 24 i~; a true and correct copy of COIlI1trywide' ~
notice which states the reason for the suspension."
The document presented in Exhibit 1/2.4 is an invalid and inadmissible document. AU
Keshavarzi tried to get it authenticated by Maria McLaurin, Bank Manager in Countrywide (
Exhibit #105). She refused to do so (I<:xbibit #105), yet he included this document once in the
Opposition, Exhibit #24, and again in the Sur-Reply, Exliibiit #28.
·I:hisdocument was never included by Countrywide in subpoenas as part of the Underwriting
Decision/Condition Letters. II was not part of Counlr)'Widc's Loan File.
This document was created on October 26, 2004, and not on October I S or earlier, HS implied
here.
°lbis document ncver stated the rcasoll for the suspension as claimed in the previous sentence of
Parks' declaration.
°rnc claim in Paragraph 11,l1f!d Exhibit 1124 are false and deliberately misleading.
(:) Again, on p6 of Victor Parks' declaration in the OpPosition to the Motion, he slated:
.. 16. The only mlSOn Countrywide did not approve the. appraisal of the property was iliat we did
not timely receive the Preliminary Title Report and th<: ex.ecuted Purchase Agreem(~IIlt."
Tbis statement is lacking any valid evidence. This claim is false and misleading.
~!) Plaintiff, through her Attorney of Record, in the Sur-Reply Briefp3,and Exhibit 1128,
stated:
~Second, to remove ll{Iy doubt that Countrywide suspended Samaan's loan because it had not
I
! yet received a signed Purchase Agreement, attached hereto is EXhibit 28 to the Suppl,~mental
i Declaration of Victor Parks. Exhibit 28 is a letter from Countryside to Victor Parle, dated
I
1
i
II
I
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 28 of 35
November 6,2006, confinning that Countrywide did, in fact, cancel Ms Samaan's loan beeaUSI~
defendant had not yet provided her with a fully executed Putchase Agreement."
This statement is lacking any valid evidence. This statement is false and misleading,
This fraudulent Underwriting ~ocumwl, together with Maria Mclaurin's contributions have
since become the comer stone of this malicious fraudulent prosecution. 1l1ey are now fcatu~d
prominently in an incredible Motion lor Summary Jlldgeme'Jlt , pending hearinl~ in <L few wceks.
Mr Samuels and Mr Mozilo, you have been provided by iBOW with sufficient materials to
figure out the situation. Uyou need any additional documents, please let me kllow
immediately. Lack of action by you would surely )JCrrnit further fraud. This pm-version
and subversion of justice has proceeded uninterrupted for months in tlte Coudhouse in
Santa Monica! It is time to bring if to an end.
Mr Samuels and Mr Mozilo, 1 call upon you to uphold your personal duties to safegu:ml
tbe integrity of operations of Countrywide, and immediately stop this illegal conduct by
McLaurin and do all that is necessary to ensure th:at I am protected from any continuation
of this malicious, harassing prosecution, to the degree that it is reliant on Counl rywide
employee, Maria McLaurin.
Left uninterrupted, this malicious prosecution, based on fraud, will surely roll me of my
savings, Jlnd ruin my life. It has a.lready caused my to nCl~lect my business, my child ren,
and social obligations. It has caused me enormous financial losses, relative to my means,
and it promises to leave me bankrup~.
Given Mr Samuels position in Ba 1'zdek , I call upon you to respond to the simr,le
cl~estions below, so that I may remove this abomination f.·om the LA Superior CouI1lrouse
Ilrior to tbe Justice
, Ball!
!'Iease respond to the following guesitons by Tuesd;~July 2, 2007,5:00pm
·1) Was this documem a valid true and correa Countrywide Underwriting leiter?
2) Was this ietter dated OCtober 14, 20M, as was represented in Court?
Case 05-90374 Document 260-17 Filed in TXSB on 05/08/09 Page 29 of 35
3) CouId this letter pOssibly be transmitted to a Loan Applicnnt and/or her Loan Broker in its
current form on or about October 14 or on or about Odober J5 2004? Orfor thaI malter - on
or about any day prior to October 26. 2004?
5) Isn't the person issuing such a letter required to h{1.'Id-sigll such a letter following
Countrywide's own manualfor faxing Underwriting Letters?
6) Did Diane Frazier hold true Authorityfor underwriting Samaan's loan on Octoha 26. 2004?
7) Did Maria McLaurin /wid true Authorityfor underwriting this Samoan's loan on October 26,
2004?
j10seph Zemik
., Countrywide here denotes CFC. Inc.. and/or any and all of its subsidiaries and am liates
CC:
Rabbi Jonathan Bernhard
"nle Honorable It William Schoeltler
Rabbi Joseph Shustemlan
Otllers in the legal and Jewish community in Los Angeles.
Attached:
Todd To
BoockIAttomeyfLegaVCFICCl
cc
071051200707:26 AM
bee
END
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Mr Samuels
On Friday in Santa Monica court I appeared before your friend, JUdgE' Terry Friedman - former Bet Tzedek executiv3 cs
well. I explained that approached you in the past. ariel j approach you now again in your capacity as President ll.f Bet
TZE!dek -- "House of Justice", a voluntary public figure, appearing unde,r the biblical motto - zedek zedel1 tirdof
- tireles~; pursuit of justice.
It is a sharneless hypocrisy that you hold on to your position at Bet Tzedek. Last week media reported that CountrYlvide
filed "recreated" documents in court in New York. AmI documents I obtained as part of SUbpoena in Salnaan v Z6m.!.;
show the rJadmap for fraud against the governmert in billions of dollars per year in just one small branch.
I call ulJon you to immediately resign from your position at Bet Tzed~~k;
alternatively - to appear before a JE~wish Court - Be,t Din - to review my claim of
Gnevat ha-Da'at, or Fraud on the Public stemming f.'om your service as Presiden1
of Bet '"zedek in and of itself.
Please \respond by Tue, Jan 15, 200~, and let mE! know your conclusion .-egarding
these two documents. Please also provide me with a copy of the invest:igatiorl
report that you referred to in a communication with Rabbi Bernhardt, and
presum,ably found my claims to have no merit at all.
Joseph Zernik
CC: Board members of Bet Tzedek, and others In the jewish and/or the legal community.
Attached:
1) bJYT st::lry re: Countrywide's "recreated" documl~nts, Jan 8, 2008
2) Bet Tzedek web pages that were hastily removed, where you appeared ai> fraud buster
-------------
1 Cow1trywide here designates CFC, Inc andlor any of its subsidialil!s and affiliates, jointly andlor severally
2 NotE': BusinESS affiliations noted for identification purposes only.
Case 05-90374 Document 260-18 Filed in TXSB on 05/08/09 Page 26 of 35
January H, 2008
The Courill}.\\"idc Financial Corporation fabricated :iocuments relat.ed to the bankruplcy case of a F'1:nnsyh'aJlia
homeowner, court records show, raising new qllC~ tions about the business practices of the gianl Iflilltgage Jelld,'1' .ll1be
center of the subprime mess.
The documents - three letters from Countn\\'ide addressed to the homeowner - claimed that the' :l:lrrower 1)\"('(\ th'
company $4,700 because of discrepancies i~ escm" deductions. Count 1;'''\\ ide's local counsel des, Ti r,·:d the ktlt'rs to
the court a!; "recreated," raising concern from the fEderal bankruptcy judge overseein?, the case. Th ..')'1as P. AI~I',~sti.
'These letters are a smoking gun that something i.-; not right in Denmark," Judge Agrf'sti said in a Dr", :!(, he.lnlJg in
Pittsburgh.
The emergence of the fabricated documents come·; as Countr;.wide confronts a rising tide of cornpl.tints frOlf
borrowers 'vho claim that the company pushed 1111~rl into risky 10a1"s. The matter in Pittshurgh is CI:,,· of 3()()
bankruptcy cases in which Counlr;.wide's practice:;. '1aw come under scrutiny in western Pennsyl\'fnia.
Judge Agresti said that discover;.' should proceed ~0 that those invo"ed in ":he case, including the C'lapt!'r 13 Irl.~k(' I(lr
the \\'eslerr district of I'ennsyh'ania and the United States trustee, could determine hO\\" Countr;."\nd,,:~ sy~tCIl1., illigI' t
gelll'rale such documents.
A spokesman for the lender, Rick Simon, said: "[t is not Countr;.·wide"s policy to creat" or 'fabricalt any docurnl~nts 3S
evidcnt.'e that thev wcre sent if thev had not been. ~\'e beliew it will be shown in further dist.'own' tlHlt the COli ntl'\",.d~
bank mplcv tech~ician who gener~ted the doculllC"lts at issue did sc as an dficient W;J\' to cOllve;' t]-,c dales th," (:s~row
analyse~ were done and the calculations of the pa~ ments a;, a result of the analyses."
The dOCllll}?nts were generated in a case invoking Sharon Diane Hill, a homeowner in l\lonroevil (, Pa. Ms. II d, fikd
for Chapter 13 bankruptcy protection in 1\larch 200: to tr;.' to save her home from foreclosure.
After meeti-1g her mortgage obligations under the 60-month bankruptcy plan. Ms. Bill's case was ci sehar~ed'lnl
officjaJl~' closed
on March 9, 2007. Countt;..,ide. tlw senicer on her 10ill1, c.id not object to the di~('hargc: cou,·t rt'tC'd"
from that d,1te show she was current on her mortg"j',e.
liut one month later, 1\1s. Hill received a notice ofmlention to foreclost' from Countl).\idc, stating that she \\'a" in
default and owed the company $.p66.
Courl recor,js show that the amount claimed by Cc,untrywide was from the period during which l\i~; IWI was IILlking
regular pa\'1l1ents under the auspices of the bankruptcy court. TheYll1d lIded "monthly charges" te ted" ng $:3 ,8.: <) In '111
November ;~006 to April 2007. late charges of $12." .JI1d other charges of almost $200,
A lawyer representing Ms. Hill in her bankruptcy case, Kenneth Steidl, of Steidl and Steinberg in l'itt,burgh, ',r'lte
Coun trywide a fe\\' weeks later stating that Ms. Hill had been deemed current on her mortgage du I'ing the period in
question. But in I\lay, Countr;.wide sent Ms. Hill another notice stating thm her loan was delinque'nt anel dctll.'lrding
that she pa) $4,715.58. Neither 1\11'. Steidl nor Julia Steidl, who has also rf'presented I\ls. Hill. retulled phOn<' ,.'alb
seeking comment.
,)ustif)'ing I\ls. Hill's arrears, Countr;.'wide sent her lawyer copies of three letters on company It~t1erhead addn'sscd t.tJ
the homeowner, as well as to 1\11'. Steidl and Rand;! ,. Winnecour, the Chapter 13 trustee for the w.. ~',l:t'rn dlstncl ·)f
Pennsylvania.
The COllnlf\.vide letters were dated September 20»;1, October 2004 and March 2007 and showed C"langes in ,~s,:rc,\';
requircmen_s on Ms. Hill's loan. "This letter is to a(hse you that the eserm" requirement has char,~,:'d per the ,~~('l'tI1\'
anal~sis completed today," each letter began.
But Mr, Steidl told the court he had never received the letters. Furthermore, he noticed that his adc.ress on thl' f rsl
COllntl,'\\'id? letter was not the location of his offic,:~ :It the time, but an add:-ess he moved to later. ;':I:ither did Ill.'
Chapte;' 13 trustee's office have any record of receivhg the letters, court records show.
When 1\11'. Steidl discussed this with Leslie E. I'uida, Countf\'\\ide's outside counsel on the case, he ,,,jJd ~ls. Pllida ~ol:1
him that tht letters had been "recreated" bv Count~'\'\\ide to'reneet tne escrow discrepancies, the COlin transcri pi
shows. During these discussions. 1\ls. Puida reduced the amount that Counl~wide claimed 1\1s. H;] cwed to ~; 1.:50')
from ·£4,700.
Case 05-90374 Document 260-18 Filed in TXSB on 05/08/09 Page 27 of 35
Under questioning by the judge, Ms. Puida said that "a processor" at Countrywide had generated tJw letters 1(, ,hllw
how the escrow discrepancies arose. "They were nol offered to proye that they had been sent,"1b. Puida said. jul. sh('
also said. under questioning from the court, thatlhe letters did not car=! a disclaimer indicating t11 at they wcn not
actual correspondence or that they had newr been ..ent.
A Countrywide spokesman said that in bankruptcI' cases, Countr)'\l,ide's automated systems are so:netimes 0\ erridclm.
\\ith technicians making manual adjustments "to comply with bankruptcy laws and the requirements III the
jurisdiction in which a bankruptcy is pending." A,ked by Judge Agresti why Countryv,ide would go to thE' troLllle of
"creating a letter that was ne\'er sent." Ms. Puida. its lawyer, said she did not know.
"I just, I can't get over what I'm being told here ahout these recreations," ,Judge Agresti said, "and 1\'llat the purpo ..e io
or was and what \\'as intended by them."
Ms. f1ill's matter is one of 300 bankruptcy cases i '}' ohing Countrywide that have come under scru:iny by 111·..
Winnccour. thc Chapter 13 trustee in Pittsburgh. (h Oct. 9, she asked the ~ourt to sanction Counl1Y"ide, C()'IIl'Jldin~
that the co'npany had lost or destro~'ed more thaI: Ssoo,ooo in checb paid by homeowners in b'tllkrl.lptcy f1",.,r 1
Decl.'mbcr 2005 to April 2007.
l1s, Winnccour said in court filings that she was cOlcerncd that <'\'en as Countr;.'\ide hadllllspla 'I:d or destll)~ pd th?
checks. it le\'icd charges on the borro\l·ers. includm,s late fees and lega: costs. A spokesman in hel o;"··icc saJ(1 :;11(' would
not t.om1l1c nt on the lIill case.
O. Max Ga:"dncr III, a lawyer in .:\orth Carolina who represents troubled borrowers, says that he 1'000Jlinely set'S lendcn
pursue borrowers for additional money after their l~ankruptcies ha"e b,'en discharged and the COlln~· haw df Ie 'mllH'd
that the dt>:"ault has been cured and borrowers arc current. Regarding the Hill matter, .l\Ir. Gardn,·1' said: "Th,.. F'al
problem in my mind when reading the transcript IS that Countr;."ide's lallyer could not explain h()\\ this hap!lI'!1tl! '
Case 05-90374 Document 260-18 Filed in TXSB on 05/08/09 Page 28 of 35
Fran. :t TzedeL s Web Site 6/20/0'7
Thanks to the follOWing synag')~IUeS and churches for ~lartlClpatlng In Bet Tze'kk
Shabbat:
,fJ.. 19~'4
gt-acluate of Pr IltCet[),l
UniVHsit\;/, Samul?ls '~~ceived "Ii:;
lav'J c1e(lI-ee in 1977 fr :>111 thE' (,'C I" 0)
of Law at the UnivH'"i:'r' (If
California, Los An~Jf?I-~~~ Afte
qraduatin9 frorrl la . .·'o' ':(/1001 . hF'
sel'ved as Law Clerk kll' U,S, D'stric:
Sandor E. Sanluels JudgE' Ir-ving Hili.
PROOF OF SERVICE
1 l,l
19
20
mail :It
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(l~Y J·;';\I.\IL) I t'au:,cd a
:lddl'l'.'-s fJrt h abon'.
,..;!'t
true ('qp~' oftlw foregoing d(l,unwnl 1 ,hI.' ~,l'l'ved bye,
Kwh e-mail \\ as l'omp ,~I,~ and )lU I'I'PH"~' of error
21 \\ere rt'cl'in'd.
o (BY I\IAll.) I rlaced a true COP) of the foregoing dOClll1Cnt in 3 -,eabl :l1\elope
addressed to (.'ach intt?n:skd p,tr') as sc:t forth abm c. I placed each S lell em t'lul1':. \\ It I rostagc
26 thereon rull~ pn:paid. for cl)lkc.ion and mailing at Br:an Ca\l: LLP. ~':',l11ta l\lol1icl. (,:!lirornia. I
am reaJil~ familiar \\ith I3ryJli Caw LLP's practice for colkctiot1 alld procCS:,ilq; \J/
27 correspom.!ellct' for mai I.ng \\ il h the l inited Stale:, PO'ital Senice, l nckr tha' r I act I.l:, the
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EXHIBIT B(S)c
22
23
February 17,2009 Motion
24 for OSC re: Contempt &
~: Sanctions exceeding
~: $7,000
April 12, 2009; NOTICE #2, RE: CFC/BAC
William Allen Parsley, Borrower
Case # 05-90374
Case 05-90374 Document 260-18 Filed in TXSB on 05/08/09 Page 32 of 35
~
120 Broadway) Suite 300
3 Santa Monica, California 90401-2386 UtUI B·tU08
Telephone: 310-576-2100
8y:_w~~----r
o 4 FacsnniIc:
5
310-576-2200
o 6
7
Attorneys for Non-Party COUNTRYWlDE HOME LOANS, INC.
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
]0
11 NTVIE SAMA..A.N, cr aI., Case No. SC087400
III
III
~~~
ys. SANCTIONS AGAINST DEFENDANT
,. - 0
14 JOSEPH ZERNIK IN THE AMOUNT OF
-< >- ...
\) ~ ::; $5,564.50 FOR VIOLATIONS OF THE
'" 0 -< 15 JOSEPH ZERNIK., et al.
-«v
,. 0 - JULY 23,2007 PROTECTIVE ORDER; ~)
.. « <
mm ~ FOR AN ORDER TO SHOW CAUSE W IY
o z 16 Defendants. DEFENDANT JOSEPH ZERNIK
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17
SHOULD NOT BE HELD IN
CONTEMPT AND SANCTIONED FOR
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VIOLATIONS OF THE PROTECflVE
18 ORDER; AND (3) FOR A
MODIFICATION OF THE PROTECTIVE
19 ORDER TO INCLUDE OFFICERS AND
EMPLOYEESOFALLCOUNTR~DE
20 AFFILIATES, INCLUDING BANK OF
21 ; AMERICA CORPORATION;
MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATIONS OF
22 JOHN W. AMBERG AND TODD A.
BOOCK
23
Date: Janu~rv 13,2009
24 ; Time: 8:45 3.~.
: Place: WEJ
25
26 ~-------------~. I
27
28
3 the Coun, at 8:45 a.m. in Deparunent J of the Superior Court of Los Angeles County, West
4 District, located at 1725 Main Street, Santa Monica, California 90401, non-party Countrywide
5 Home Loans, Jnco CCountrywide'') will and hereby does move chis Court: (1) for monetary
6 sanctions in the amount of $5,564.50 against Defendant Joseph Zernik ("Zcrnik"), pursuant
7 to the Coure's inherent authority and Califor0l3 Code of Civil Procedure §§ 2023.010 and
8 2023.030, on the grounds that Zernik has knowingly and intentionally violated the terms of
9 the July 23, 2007 protective order ("Coun Order") which directed him to communicate solei}'
)1 regarding the present action, by persisting in harassing and making baseless accusations to
I'
12 I Countrywide's officers and employees; (2) for an order to show cause why Zernik should not
13 be held in contempt ~lOd sanctioned accordingly for his viobtions of the Court Order; and (3)
14 for a modifiolion of the Coun Order to include officers and employees of aU Countrywide
16 soldy with Countrywide legal counsel, Bryan Cave: LLP, regarding the presellt action and no
18 This Motion is based on the Notice of Motion and Motion, the attached Memorandum
19 of Points and Authorities, the Declarations ofJohn W. Amberg and Todd J\. Boock and
20 exhibits filed herewith, the files and records herein, and such evidence as may be presented at
21 the hearIng.
1
22 i Dated: December 18,2008 BRYAN CAVE LLP
John \Y/. Amberg, Esq.
23 Jenna Moldawsky, Esq.
24
25 BY~tl~
J na Moldawsky
26 Attorneys for Non-Party
COUNTRYWlDE HOME LOANS, INC.
27
28
SMOI DOCS712341.1 2
COUNTRYWIDE'S MOTION r-OR SANCTIONS AND OTHER
RELIEf
Case 05-90374 Document 260-18 Filed in TXSB on 05/08/09 Page 34 of 35
TABLE OF CONTENTS
2 I. INTRODUCTION 3
3 II. FACTUAL BACKGROUND 4
4 A. Zemik Is Sanctioned and Found in Contempt for His Repeated Violations of
the Court Order _ 4
5
B. Zcmik Continues to Violate the Court Order and Harass Countrywide 5
6
C. Zernik Expands His Harassment to Include Bank of America Employees 6
7
III. ZERNIK SHOULD BE SANCTIONED FOR HIS REPEATED WILLFUL
S VIOLATIONS OF THE COURT ORDER 7
9 IV. ZERNIK'S CONTINUED WILLFUL VIOLATIONS OF THE COURT ORDER
WARRANT AN ORDER TO SHOW CAUSE WHY ZERN1K SHOULD NOT BE
10 HELD IN CONTEMPT 8
II A. The Court Order Is Enforceable 9
.,'"..
., 12 n. Zernik Hac; Actual Knowledge of the Court Order. l0
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13 C. The Court Order Was Always in Full Force and Effect 10
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14 0. Zemik Was and Is Capable of Complying with the Court Order 10
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« u. IS E. Zemik Willfully Violated the Court Order 11
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18
19
20
21
22
23
24
25
26
27
28
TABLE OF AUTHORITIES
2 CASES
3 City of Vernon v. Superior Court, 38 Cal.2d 509 (1952) -- 11
4
D~-90C:I~2d· ~~fH~;2~~.~.~.' , 9
5
4 monetary sanctions against Defendant Joseph Zcmik ("Zernik"), pursuant to the Court's
5 inherent authority and California Code of Civil Procedure §§ 2023.010 and 2023.030, on the
6 grounds that Zernik has knowingly and intentionally violated the tenns of the July 23. 2007
7 protective order ("Court Order") which directed him to communicate solely with
10 Countrywide's officers and employees; (2) for an order to show cause why Zernik should not
11 be held in contempt and sanctioned, based on his bad faith denial of the existence of the
..
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~ 12 Court Ordcr and his continued violations thereof, and (3) for a modification the Court Order
g~
(L : ~ 13 [0 include officers and employees of all Countrywide affiliates, including Bank of America
..r t: .(
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~ ~ ~
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17 As the Court is aware, Countrywide is not and ruts never been a party to this action.
<
'" 18 Countrywide was simply a third-part)' document subpoena recipicnt which has been subjected
20 not support Zernik's skewed view of his casco OnJuly 23,2007, Countrywide moved for a
21 limited and narrowly-tailored protective order due to Zernik's unrelenting harassment and
22 abuse of Countrywide's officers and employees. The Court granted the motion, finding that
24 oppression," and granted the order. (SCi; Sama.an v. Zernik: Minute Order dated July 23,
25 2007 , attached as Exhibit A to Amberg Decl.). The Court ruled that Zemik was prohibited
28 For the next year, despite Countrywide'S repeated demands that Zernik abide by the
SMOlDOCS71234i.l 3
COUNTRYWIDE'S MOTION FOR SANCTIONS AND OTHER
RELIEF
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 2 of 35
terms of the Court Order, Zeroik continued to willfully and flagrandy violate the Court Order I
2 by djrectl), contacting CountryWide officers and employees seeking to obtain discovery Ii
3 regarding this action. On rebruary 15, 2008, the Court sanctioned Zernik in the amount of
4 $16,170 for his repeated violations of the Court Order. On March 11,2008, the Court
5 entered a judgment finding Zernik guilty of thirteen separate acts of contempt for his willful
7 Despite direct orders from the Court to cease his oppressive behavior, Zeroik
8 continues his campaign of harassment to this day. In fact, Zernik has rcccody escalated and
9 expanded his efforts: on December 9,2008, Zcrnik sent three emails to Countrywide officers
10 and employees regarding the present action, demanding responses to his communications,
II
..,'"'"N 12 can go on with this fraud?" (See Exhibits G-I to Amberg Ded.) Further, following Bank of
o~
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~~~ 14 Bank of America officers and employees regarding the "fraud at Countrywide" relating to the
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.. 15 present :WUOI1. He claims that he is writing to "inform" Ba.nk of America of "[ills) abuse at
>- 0 •
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o 1: 16 the hands of Countrywide," and th:lt Countrywide has "assumed a status above the law in the
N 0
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. 17 Los /\ngdcs Superior Court with permission to engage in criminal conduCl with the blessing
.
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111
19 Zcrnik has shown no indication of ceasing his harassing behavior. His conduct IS
20 gctung worse. L,crnik's oppressive tactics mUSl stop. Zernik has shown no respect for
21 Countrywide, or for the Court or its rulings. Thus, Countrywide respectfully regucsts that the
23 II.
24 A. Zernik Is Sanctioned and Found in Contempt for His Repeated
27 onJuly 6, 2007, Countrywide has been represented by attorneys at Bryan Cave LLP ("Bryan
28 Cave"). Since the issU2.nce of the Court Order on July 23, 2007, directing Zemik to
SMOIDOCS711J47.1 4
i .
commUnicate sok ith designated counsel, however, Ze has repeatedly violated the
2 terms of the Court Order by contacting, among others, Angelo Mozilo, the former Chairman
3 of Countrywide's parent company, Countrywide Financial Corp., and Sandor Samuels,
4 Countrywide's Chief Legal OffiCer, on several occasions. (Amberg Dec!. at ~ 3.)
5 As a result, on February 15,2008, Countrywide moved for sanctions and other relief
6 against Zernik for his numerous violations of the Court Order. Od. at il4.) At the hearing,
7 the Coun found that the Protective Order issued by the Honorable JaCCJueline Connor on July
8 23, 2007 "IS a va~d order and the Court was auth01izcd to grant the PrOTective Order
9 pursuant to California Code of Civil Procedure Sections 2031.060 and pursualll to California
10 Code of Civil Procedure Section 128(a)(5)." ad. at '14. Ex. B.) The Court affinned the Order
18 in contempt of court and sanctIOned for violating the Court Order. (leI.)
19 At the hearing on March 7, 2008, the Court found Zernik guilty of thirteen separate
20 acts of contempt for his repeated violations of the Courr Order. (Ld--, at ~ 6.) The Comt's
21 Judgment dated March 11,2008 states that "DdcndantJoseph Zernik had actual notice of the
22 Protective Order as ofJuly 23, 2007," that Zernik '\vas able to comply \vith the Protective
23 Order, which was prohibitOry, narrowly tailored, and limited in scope," and that Zernik
24 "committed thirteen (13) separate acts of contempt by willfully violating the Court's July 23,
25 200'" Protective Order directing Zcrnik to communicate solely \vith Countrywide'S designated
26 counsel and no other officers or employees regarding the present action." ad. at ~ 6, Ex. C.)
27 The Court further found that "the repetition of Defendant Joseph Zernik's violations
28 of the Protective Order is evidence of the willfulness of his violations," and Zernik was
SMOII.lOCS712.147.1 5
ordered "to pay a finc in the amount of $7,500 for thirteen (13) separate acts of contempt,
2 pursuant to Code of Civil Procedure Section 1218(a)." ad.)
4 Despite the Court's award of sanctions against Zernik and its issuance of a contempt
5 judgment against Zernik, he continues to violate the Court Order. On November 12, 2008,
6 Zemik sen( an email to Mr. Samuels in direct violation of tIle Coun Order, referring to him as
7 a "perpetrator of fraud." (Jd. ar '18, Ex. D.) On November 24, 2008, Zernik copied Mr.
8 Samuels on an email to Bryan Cave attorneys, outlining the alleged "fraudulent claims" made
9 by Countrywide employees with respect to the underlying action, and claiming Countrywide
J0 produced "fraudulent records" as part of its "collt1sion" with Plaintiff Nivie Samaan's
12 On December 8,2008, counsel for Countrywide emailed Zernik and informed him
~
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14 and th~t, pursuant to the Court Order, Zemik was to communicate exclusively with counsel
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17 the tenns of the Court Order, on December 9, 2008, Zernik Sent three emails to Mr. Samuels
til
18 and another Countrywide employee, Maria McLaurin. ad. at ~ 10, Ex. G-l.) In these emails,
19 7.emik feigns ignorance of lhe Court Order, demands withdrawal of "fraudulent records," and
I
20 , aCCllses Countrywide of "collusion with [The Honorable] Terry Friedman." (Id.)
I
In
21 response, counsel for Countrywide emailed Zernik and reiterated that he \\las to refrain from
22 communicating with employees of Countrywide pursuant to the Court Order and that his
23 refusal to comply \\~th the terms of the Court Order was contemptuolls and sanctionable.
25 Further, on December l(l, 2008, Zcmik again emailed l\laria McLaurin, a Countrywide
26 employee, regarding the present action. ad. at ~ 16, Ex. N.) In his message, entitled
27 "Countrywide and racketeering under the guise of litigation in Los Angeles Superior Court,"
28 c1a.uns that the present action is "a. convoluted tale of frauds" and that Countrywide is
SMOIDOCS711347 I 6
engaged in "obstruction of justice." (ld.) He further alleges that "all judges" of record in this
2 matter engaged in the production of false deceitful trial litigation records." (Id.)
3 Despite the Court Order prohibiting him from contacting Countrywide officers and
4 employees, and despite Countrywide's repcated demands that Zemik cease and desist from
5 contacting Countrywide officers, Zernik has persisted in barraging the company's officcrs <lnd
6 employces with unsupported accusations and ridiculous demands. Zernik should not be
7 allowed to persist unabated and without repercussions for his willful actions.
9 In addition to Zernik's repeatcd violations of the Court Order, he has begun harassing
10 employees and officers of Bank of America, which merged with Countrywide in July 2008.
..
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11 On December 3, 2008, Zeroik sent a letter to Kenneth D. Lewis, Ch3irman, Chief Executive
':' 12 Officer and President of Bank of America Corporation, and Teresa M. Brenner, Associate
0;;
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13 General Counsel for Bank of l\merica, enclosing a "press release" allegedly outlining
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15 «immediate action to mitigate Ihis] damages." Od. at "13 Ex. K.)
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17 Department, claiming that he had "uncovered fraud" at Countrywide in connection with the
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18 present action. (Declaration of Todd A. Boock ("Boock Oed.") at ~ 2.) On December 9,
19 2008, Zernik faxed a letter to Timothy Mayopoulos, Executive Vice President and General
21 produced by Countrywide Home Loans as part of subpoena productions that were replete
22 \,rith fraudulent records, and which tried to entirely fabricate Samaan's fraudulent loan
23 applicauons." (l~L at ~ 15, Ex. 1.) ZerOlk also demands a response fom1 Mr. Mayopoulos by
26 "immediate intervention and curbing of Sandor Samuels." ad. at '110, Ex. M.) He claims
27 that he is \vriting to "inform" Bank of America of "my abuse at the hands of Countrywide."
28 ad.) Zcm.ik claims that he "discovered fraud in Countrywide's subpoena production" and
SMOlDOCS712347.\ 7
COUNTRYWIDE'S MOllON FOR SANCTIONS AND OTHER
RELIEf
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 7 of 35
that, since that time, Countrywide "assumed a status above the law in the Los Angeles
2 Superior Court with permission to engage in criminal conduct with the blessing of the Court
3 I itself." (Id.)
4 Further, on December 17, 2008, Zernik called Randy Sparks of Bank of America
5 Corporation's Legal Department, complaining about "fraud and conspiracy" involving Mr.
6 Samuels and Bryan Cave. (Boock Oed. at ~ 3.) Zernik has alsu made numerous auempts to
7 contact various other individuals in Bank of America Corporauon's Legal Department, as well
8 as executivcs \\~thin the company regarding the present action. ad. at ~ 3.)
~~~ l4 Code. of Civil Procedure §§ 2023.010 and 2023.030. Imposing sanctions for violations of a
> • 0
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0 < 15 court order arc within the clear discretion of the court. Ma~ v. Superior Court, 119
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16 . Cal.App.4th 1218, 1226 (2004) (trial court may impose monetary sanctions for violalion of
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17 protCCtlVC order); Welgoss y. End, 252.Cal.App.2d 982, 992 (t967) (trial court's broad
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18 discretionary powcrs include powcr to impose sanctions to "secure compliance \vith orders of
19 the coun"); Niklas v. Niklas, 211 Cal.App.3d 28, 38 (1989)(sanclions upheld where party
20 repeatedly violated court orders instead of seeking direct review of court orders).
21 "If a monetary sanction is authorized by any provision of this article, the court shall
22 impose that sanction unless it finds that the one subject to the sanction acted with substantial
23 jusufication or that other circumstances make the imposition of the sanctJon unjust." Code
26 expenses, including attorneys' fees, incurred by another as a result of that conduct." Jd. The
27 nature of the monetary sanction is to compensate for expenses incurred; thus, the Court may
28 award a reasonable amount to compensate a party for its expenses incurred and is not limited
SMOIDOCS712J41.1 8
COUNTRYWlDE'S MOTION FOR SANCTIONS AND OTHER
RELlEF
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 8 of 35
to rhe costs that might be properly taxed a~nst the losing party after the trial of the action.
2 Sec. EDsen v. Superior Court, 244 CaL App. 2d 586, 596 (1966).
4 Countrywide for its legal fees and costs incurred in connection with responding to Zernik's
5 numerous emails and in preparing and filing this monon with the Court- As detailed in the
7 to Countrywide's officers and employees in violation of the Court Order have caused
g Countrywide to incur legal fees and costs in the amount of $5,564.50- Countrywide
10 Motion, and asks that the Court award sanctions against Zernik to compensate Countrywide
11 for all of its fees and costs. But for Zemik's willful disobedience of the Court Order,
'"'"~ 12 Countrywide would not nave been forced ro incur these expenses.
go
M ~ 13 IV. ZERNIK'S CONTINUED WILLFUL VIOLA:rIONS OF THE COURT
A. .. '"
J ~ -<
19 Reliable Enterprises Inc. v. Superior Court, 158 Cal.i\pp.3d 604, 612, 204 Cal.Rptr. 786, 789
20 (19()84) "Th(: power to weigh evidence, however, rests exclusively with the mal court." Id.
21 "Direct" contempt is that committed in the immcdjat<: VICW and presence of the Court or of
22 the judge in chambers. AU other contempts, such as this one, which occur outside the
23 presence of the Court, are "indirect." See Nierenberg v. Superior Courl, 59 Cal.App.3d 611,
24 61 () (1976). J\ finding of indirect contempt requires the record to contain substantial evidence
25 that Ihe comemnnr willfully and contemptuously refused to obey an order of the Court. rd.
26 The Court may infer the requisite intent to violate an order from the circumstances. Id.
27 Ccrta.in acts constitute contempt as a maCIet of law, including (a) abusing the court
28 process; or (b) disobeying a court order or process. Cal. Civ. Ptoc. Code §§ 1209(a)(4) and (5).
SMOI DOCS711J47.1 9
COUNTRYWIDE'S MOTION fOR SANCTIONS AND OTHER
RELIEf
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 9 of 35
5 contempt proceeding the reasonable attorney's fees and'costs incurred by this party in
7 In order to find Zernik guilty of contempt, this Court need only find that
8 (a) the July 23, 2007 Order was sufflCiently defInite and certain to be
9 enforceable;
10 (b) Zcrnik was served with or had actual knowledge of that Order;
11 (c) the Order was in full force and effect at the time in question~
14 l<:t The record before this Court establishes the foregoing beyond a reasonable doubt.
15 A. The Court Order Is EnfQrceable
17 entl;:fcd in the Court's minute!>, and if the order is dcfiniti\'c and cerratn. Ketscher v. Superior
1& CDj.Jn, 9 CaL App. 3d 601, 604-605 (1970). The terms of the Court Order are clear and
20 counsel and no other Countrywide officers or employees regarding tbe present action."
21 Further, the Court's March 11, 2008 Judgment provides that "the Protective Order entered on
22 July 23, 2007 by the Honorable Jacqueline Connor is valid and enforceable." (See Ex. C to
23 Amberg Oed.).
25 Zernik had actual knowledge of the Court Order. As specifically detailed io the
26 COllrt'S March 11,2008 Judgment, "defendant Joseph Zernik had actual notice of the
27 Protective Order as ofJul), 23, 2007, as Zcrnik was present at the July 23, 2007 hearing
28 granting the Protective Order and submitted on the record to the Tentative Ruling granting
SMOWOCS712347.1 10
COUNTRYWIDE'S MonON fOR SANCTIONS AND OTHER
REllEr
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 10 of 35
the Pl:Otectivc Order. Zernik was also repeatedly reminded of the terms and conditions of the
2 Protcctive Order by Countrywide's counsel and was servcd with a Notice of Ruling and a
3 copy of dle Court's July 23, 2007 Minute Ordcr granting the Protective Order." (See Ex. C to
4 Amberg Oecl.).
7 declared by the (ourt on February 15,2008, the Order "is affirmed and remains in full forcc
8 and effect." (~Ex. B to Amberg Decl.). Zernik has never sought any rclief or exception
9 from the Order. Countrywidc has never waived any of the Order's reguiremems.
19 action within his exclusive control, and sometlung he has clearl}' shown to be capable of in the
20 . past. The (:ourt Order does not restrict Zernik's ability to communicate with Countrywide, it
2\ only mandates that Zcrnik was to communicate solely with counsel. The Court specifically
22 found that Zernik is "able to comply with the Protective Order," which « is evidenced by
24 Zernik, however, chose to repeatedly communicate with Countrywide officers and employe.e.s
2S that were not designated counsels of record." (See Ex ( to Amberg Decl.). Instead of
26 complying with the Court Order, which he is perfectly capable of doing, Zernik continues to
27 disobey it.
28
SMO[DOCS712'47.1 1]
3 order, or process of the court" is by statute defined as contempt of the authority of the court.
4 Oil Workers Int'l Union v. Superior Court, 103 Cal.App.2d 512, 534 (1951). When it appears
5 by substantial evidence that a person committed an act proscribed by a Ia.wful order of a court
6 and did so with knowledge of that order and its pertinent provisions, there is substantial
7 evidence that will support a finding of an intentional violation of the order. lei. Where a
8 party, \vith knowledge of the tenus of an order and ability to comply therewith, did not do so,
9 it can be reasonably inferred that their inaction was intentional, despite express disclaimers of
11 circumstances here are clear: Zemik has shown complete contempt for the Court
..
III
'111C
~ 12 Order and continues to willfully violate it. In the Courrs own words, Zernik "willfully
8~
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13 violatfed] the Court's July 23, 2007 Protective Order" and "the repetition of Defendant
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~~~ 14 Joseph Zemik's violations of the Protective Order is evidence of the willfulness of his
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~ ~ v I S violations; Zernik's violations of the Protective Order were not accidental." (Sec Ex. C to
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m~ ~ 16 Amberg Decl.). The same circumstances are prescnt today. Counsel for Countrywide
_1:
~ 17 repeatedly conftrmed to Zernik that Countrywide was represented by counsel yet Zcrnik
<
'" 18 chose to willfully and repeatedly violate the Court Order.
19 v. CONCL.USION
20 For the re2sons set forth above, Countrywide respectfully requests that the Court grant
21 COllntl1'\vidc's Motion and award sanctions against defendant Joseph Zernik in the amount of
22 : $5,564.50, order Zernik to show cause why he should not be held in contempt for his
23 1 repeated violations of the Court Order, and modify the Court Order to include officers and
25 directed to communicate solely with Countrywide's designated counsel, Bryan Cave LLP, and
27
23
SMOI DOCS 712317.1 12
COUNTRYWIDE'S MOTION FOR SANCTIONS AND OTHER
RELIEF
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 12 of 35
9
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SMOlDOCS712J47.1 13
COUNTRYWIDE'S MOTION FOR SANCTIONS ANDOTIlER
RELIEF
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 13 of 35
4 California. I am a partner in the law finn of Bryan Cave LLP, counsel of record for
5 Countrywide Home Loans, Inc. ("Countrywide"). r have personal knowledge of the facts set
6 forth in this declaration.
7 "t •. On July 23, 2007, J attended the heating in] udge Jacqueline Connor's
II prorective order. The minute order from the hearing on July 23, 2007 states that
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12 Countrywide's motion was granted in its entirety. A true and correct copy of the minute
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~~~ 14 .1. Since Countrywide's first appearance in this matter on July 6, 2007,
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Z 0 '" )5 : Countrywide has been represented by attorneys at Bryan Cave LLP ("Bryan Cave"). Since the
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16 issuance of the Court Order on July 23, 2007, directing Zcrnik to communicate solely with
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17 designatcd counse~ howcver, Zcrnik has repeatedly violated the terms of the Court Order by
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18 cont3cting, among others, Angelo Mozilo, the fonncr Chairm30 of Countrywide's parent
19 company, Countrywide Financial Corp., and Sandor Samuels, Countrywide's Chief Legal
20 Officer, on several occasions.
21 On February 15, 2008, Countrywide moved for sanctions and other relief
22 agamst L.ernik for his numerous violations of the Court Order. At the hearing, the Court
23 found that the Protective Order issued by the Honorable Jacgueline Connor on July 23, 2007
24 "is a valid order and the COUIt was authorized to grant the Protective Order pursuant to
25 California Code of Civil Procedure Sections 2031.060 and pursuant to California Code of
26 Ci\'il Procedure Section 128(3)(5)." The Court afftrmed the Order and found that it "remains
27 in full fl)(ce and effect." A true and correct copy of the Order granting the Motion is
5. The Court granted Countrywide's motion and ordered that Zernik was to pay
2 Counu:ywide {(the amount of $16,170 as sanctions." Tn the event that Zernik failed to pay
3 these sanctions to Count:ry\vide. the Receiver in this matter, David J. Pasternak, was
4 "authorized to pay the sanctions to Countrywide from the Receiver's Fund upon notice to the
5 Receiver and Defendant Joseph Zernik by Countrywide." The Court further ordered Zernik
6 to ~lppcar on Match 7,2008 to show cause why he should not be held in contempt of court
8 i). At the hearing on March 7, 2008, which I attended, the Court found Zcrnik
9 guilty of thirteen separate acts of contempt for his repeated violations of the Court Order.
10 The Coun's Judgment dated March 11,2008 states that "Defendant Joseph Zernik had aCUlal
..., 11 notice of the Protective Order as of July 23, 2007," that Zernik '\vas able to comply with the
"'! 12 Prmcctive Order, which was prohibitory, narrowly tailored, and limited in scope," :and that
00
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"0 13 Zernik ·'committed thirteen (13) separate acts of contempt by willfully violating the Court's
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l4 July 2.1, 2007 Protective Order directing Zcrnik to communicate solely with Countr}'wlde's
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o l'; 16 and correct copy of the Judgment is attached hereto as Exhibit C and incorporated herein by
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17 I reference.
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19 vlOlauons of the Protective Order is evidence of the willfulness of his violations," and Zemik
20 was ordered Uta pay a finc in the amount of $7,500 for thirteen (13) separate acts of
21 contemrH:, pursuant to Code of Civil Procedure Section 1218(a)."
22 8. Despite the Court's award of sanctions against Zernik and its issuance of a
23 contempt judgment against Zernik, he continues to violate the Court Order. On November
24 12, 2008, Zernik sent an email to Mr. Samuels in direct violation of the Court Order, referring
25 to him as a «perpetrator of fraud." A true aod correct COP}' of the email is attached hereto as
27 9, On November 24, 2008, Zcrnik copied Mr. Samuels on an email to Bryan Cave
28 attorneys, outlining the alleged "fraudulent cImms" truide by Countrywide employees with
SMOIOOCS712J47.1 15
respect to the underlying action, and claiming Countrywide produced "fraudulent records" as
2 part of its "collusion" with Plaintiff Nivie Samaan '$ attorneys. A true and correct copy of the
4 10. On December 8, 2008, I cmailed Zernik and informed him that the status of
5 Bryan Cave as outside legal couosel for Countrywide remained unchanged, and that, pursuant
6 to the Court Order, Zernik was to communicate exclusively with counsel for Countrywidc and
7 nOl with any of its employees. A true and correct copy of the email is attached hereto as
9 11. On December 9, 2008, Zernik sent three emails to Mr. Samuels and another
10 Count..l)r\\~de employee, Maria McLaurin. In thesc emaiJs, Zernik feigns ignorance of the
19 13. Zernik has also begun harassing employees and officers of Bank of America,
20 which merged with Countrywide in July 2008. On December 3, 2008, Zernik scn( a letter to
21 Kenneth D. Lewis, Chairman, Chief Executive Officcr and President of Bank of America
22 Corporation, and Teresa M. Brenner, Associate General Counsel for Bank of America,
23 enclosing a "press release" allegedly outlining "Countrywide's involvement in a dubious Los
24 Angeles Superior Court case" and demanding "immediate action to mitigate [his) damages." A
25 true and correct copy of the letter is attached hereto as Exhibit K.
27 Vice President and General Counsel of Bank of America, requesting that Countrywide
1 productions that were replete with fraudulent records, and wh.ich tried to entirely fabricate
2 Sam;]an's fraudulent loan applications." Zernik also demands a response form Mr.
3 Ma~'opoulos by Wednesday, December 10, 2008. A true and correct copy of the letter is
5 15. The same day, Zernik scnt a letter to scvcral Bank of America employces
7 writing to "inform" Bank of America of "my abuse at the hands of Count.rywide." Zcrnik
8 claims that he "discovered fraud in Couotry\vide's subpoena production" and that, since that
9 time, Countrywide "assumed a status abmre the law in the Los Angeles Superior Court with
10 pennission to engage in criminal conduct with the blessing of the COUIt itsel[" A true and
11 correct copy of the letter is attached hereto as Exhibit M and incorporated herein by
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'"~ 12 reference.
8~ 16.
"0 13 On December 16, 2008, Zernik again emailed Maria McLaurin, a Countrywide
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a: 14 employee, regarding the present ~ction. In his message, entitled "Countrywide and
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«\) 15 racketeering under the guise of litigation in Los Angeles Superior Court," claims that the
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OX 16 present action is "a convoluted tale of frauds" and that Countrywide is engaged in
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~ 17 "obstruction of Justice." He further aUeges that "all judges" of record in this matter engaged
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18 in t.he production of false deceitful trial litigation records." A true and correct copy of the
19 email and its attachments is attached hereto as Exhibit N and incorporated herein by
20 reference.
21 17. Count:ry\vide was forced to incur legal fees and costs in responding to Zernik's
22 numerous cmails regarding the Court Order and in vlolation of such order.
23 (a) I have spent approximately 3.9 hours reviewing and discussing Zernik's
26 (0) As a result of Zernik's violations of the Court Order, Countrywide was also
27 forced to file this Motion. A total of at least 6.3 hours has been spent by the lawyers
2& preparing this Motion and the supporting papers, of which I spent 1 hour. Furthermore, I
SMOJDOC.S7l2J47.1 17
1 reasonably anticipate spending 0.5 hours reviewing Zernik's Opposition brief, and 0.5 hours
2 drafting and' revising Countrywide's Reply brief.
3 (c) I have been assisted in this Motion by Jenna Moldawsk.1" Ms. Moldawsky has
4 spent 5.3 hours drafting and preparing this Motion, which includes drafting and revising the
5 Notice of Motion and Motion, the Memorandum of Points and Authorities, and the Proposed
6 Order. I anticipate that Ms. Moldawsk-y will reasonably spend 1 hour reviewing and analyzing
7 Zernik's Opposition, and conducting legal research. I further anticipate that Ms. Moldawsky
8 will spend 2 hours drafting and revising Countrywide's Reply brief. I also anticipate Ms.
9 Moldawsky will spend another 1 hour preparing for and attending the hearing on this Motion.
10 My billing rate for this matter is $495 per hour aod Ms. Moldawsky's billing rate for this
.. 11 matter is $280 per hour: My hourly rate of$495 x 5.9 hours =$2,920.50, combined with Ms.
II
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12 Moldawsky's hourly rate of $280 x 9.3 hours = $2,604.00. Additionally, the filing fcc for this
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13 Monon is $40.00. Thus, Countrywide will incur at least $5,564.50 in bringing this Motion and
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OX 16 Countrywide reserves the right to seek reimbursement of additional legal fees and costs
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I- 17 incurred responding to Zernik once this Motion is ftled.
..
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III
18 I dechuc under penalty of perjury under the laws of the State of California that the
21
22 ~------..=>o...,.---:>.L..-_~~-----
( John W. Amberg
23
24
25
26
27
28
SMOlDOCS712347.1 18
COUN1RYWIDE"S MOTION FOR S!lNCTIot-IS AND ornER
RELIEF
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 18 of 35
8 Phillip Wenz of Bank of Aqlerica Corporation's Legal Department, claiming that he had
9 "uncovered fraud" at Cotll1t.ryw:ide in cQnnecti.on with the present action, and that he was·
J 0 ''being h~rassed by Countrywide·in tct{lliation." :t\1r. Zcmik also indicated that he had been
11 trying to contact Bank of America General Counsel Timothy Mayopoulos regarding the same
12 Issues.
13 3. On December 17] 2008, J was made aware that defend<1nt Joseph Zcrnik cailed
19 ; Leg<1] Dcparanenr, as well as executives within the company regarding the present action.
20 Ie I declare under penalty of perjury under the laws of the Sttte of Califo'miatha·t the
21 foregomg is tme and conect.
22 ; Executed on December 18,2008, at L-of M California.
24
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25
26
27
28
SMOIDOCSJl13~7.1 18
EXHIBIT A
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 20 of 35
NA 11JR£ OF PROCEEDINGS;
MINUTES ENTERED
Page 1 of 4 DEPT. WEI 07/23/07
COUNTY CLERK
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 21 of 35
NATI./RE OF PROCEEDINGS:
l-ITmrrES EttrRRlID
Page 2 of DEPT. liE I 07/23/07
COUNTY CLERK
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 22 of 35
MINUTES ENTERED
Page 3 of 4 DEPT. HEI 07/23/07
COUNTY CLERK
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 23 of 35
MINUTES ENTERED
Page 4 of DEPT. liE I 07/23/07
COUNTY CLERK
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 24 of 35
EXHIBITB
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 25 of 35
RECEIVED
2
MAR 1 2 ZOO8
3 CONFORMED CO
SUPERIOR COURT OFORlGINALfIla> py
4 WEST DISTRICT f..os Angeles Sun-:
SANTA MoNICA .......01" CoUrt
S MAl< L :J lOO8
lorn, A. C'as-kc, ~ •
6 CCllll"e OffiC<':rlClcrl;;
ByJQ
. traQ, Deputy
7
12
Plaintiffs,
13 VS. ~ORDER
14
15 JOSEPH ZERNIK, ct al.
18
19
20
21
Countrywide Home Loans, Inc.'s ("Countrywide") motioll (1) to enforce the July 23,
22 2007 protective order against Defendant Joseph Zernik CZemik'l; (2) for monetary sanctions
23 against Zemik in the amountof$16,170; (3) for a declaration that Countrywide has no
24 obligation to respond further to Zcmik's hanssing communications: and (4) for an order to
25 show cause why Zemik should not be hcld in contempt and sanctioned accordingiy (the
26 "Motioo') came on for hearing before the Hono~ble Terry B. Friedman in Department WE)
27 of the Los Angeles Superior Ccutt,. West District, On Febnury 15,2008. John W. Amberg of
28
Bryan Cave LLP appeared on behalf on non-party and movant Countrywidc. Defendant
2 Joseph Zcrnik appeared on his own behalf. Also in attendance were Receiver David J.
3 Pasternak and Moe Kcshavani of Sheppard Mullin Richtcr & H'UT\pton liP. counsel for
4 Plaintiff Nivie Sam:aan.
5 Having rC2d and considered the Motion and all papecs submittcd in suppon thereof
6 and in opposition thereto, and having hC2rd :lOd considered the argument ofcounsel and
9 1. The Protective Order issued by the Honorable Jacqueline Connor on July 23, 2007 (the
10 "Protective Order') is 3. valid order and the Court was authorized to grant the
14 2. '1 be Pwtcctive Order is affioned and remains in full force and effect; and
15 3. Countrywide presented sufficient evidence that Defendant Joseph Zcrnik violated the
19 record) the amount of$16,170 as sanctions within 20 days of the hearing. In the event
20 that ZCtnik fails to pay these sanctions to C..ountrywide, the Receiver in this matter,
22 Receiver's Fund upon notice to the Receiver and Defendant Joseph Ze.mik by
23 Countrywide; and
24 III
25 III
26 /11
21 III
28 1/1
SMOID0CS6ID~.1 2
PROPOSED ORDER
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 27 of 35
2. Defendant Joseph Zernik is ordered [0 aplJtlf on Match 7,2008 at 9:30 a.m. to show
2 cause why he should not be held in contempt of court and sanctioned for violating the
3 Protective Order.
4
5 IT IS SO ORDERED.
6
7 Dated: JII'/O~
g Hon. Terry B. Friedman
Judge, Stlp(=rior Court of CalifotnU
9 Prepared and submitted hy:
11
18
19
20
21
22
23
24
2S
26
27
28
SMOIOOCS6ml9.1 3
I'R.OI'OSED OROf.R
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 28 of 35
Page. or,
filE COpy
Chiri, Judith C.
Please print
Todd:
Alt.:lch("j is 2 signed :wd conformed copy of the Judge Friedman's order gt3nting our motion for S:tflctiOflS. We will serve a
copy on aU panies.
Jemu
3IJJ12008
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 29 of 35
EXHIBIT C
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 30 of 35
F·[LE
2 RECEIVED .
CONFORMED COpy
3 MAR 1 1 1008 OF ORJGlNALALED
Lo~ An8elc.s SupetlorCO<Ut
4 stJi>£i\IOR COURT
WEST 01S1R1Cl MAl< I IlOOO
5 SANTA MottlCA
John A. Clarke. fuccllli _<: Olllcct/l :Ie,l.
12 Pbinuff,
.fPRGPQSlID] JUDGMENT RE:
13 CONTEMPT
V5.
14
DATE: March 7, 2008
15
JOSEPH ZERNIK. TrME: 9:30a.m.
DEPT: J
De(end:lnt.
16 ~-----_.
18
On March 7, 2008 at 9:30 3.m. in OcpanmcD( J of U1C Los Angeles Superior Court,
West DisuiCl, localed at 1725 Main Sueet. Santa Monica, California, 9040 I, proceedings were
19
held pursuant to the Court's Februal)' IS, 2008 orocr that Defendam Joseph Zernik
20
("Zernik") appcar and sho\ll cause why he should nOt be held in contempt of court. Outing
21
lhc proceeding;. Countrywide Home Loans, Inc. ('Countrywide") preswtcd evidence that
22
Zcrnik should bc held in contempt of COurt for disobeying the Court's Protective Order,
23
24 dated July 23, 2007, directing Zcmik to communiote solely with Couotcy-.liidc's designatcd
25 fOlln~r1 ~nd no other onicen; c)r cmployc~ rCgJIrdiog the prescnt action. John W. Amberg
26 and Jeona Moldawsky of Bryan Cave LLP appeared on hehalf of 0:lllOtry'-liide. Moe
27 Kcshavarzi of Shl'pplIrd Mullin Richtcr & Hampton LLP 3ppe2red on behalf of Plaintiff
Coldwell Banker. Defendant Joseph Zcrnik telephoned the clerk of the Coun prior 10 the
5 and was properly sct"Ved with the Order to Show Causc rc: Contempt, am:!
7 2. The Protective Order entered on July 23, 2001 by the Honorable Jacqueline
9 3. Defendant Joseph Zernik had 2ctual notice of the Protective Order:as of July
10 23,2007, as Zcmik was prescnt:tt the July 23,2007 hearing granting the
II Proteclive Order and submitted 00 tbe record to the Tcot3uVC Ruling granting
~ 12 the Protcctive Order. Zcrnik was also repC\tedly rcmim:!cd of me lem)S and
8
. , ..
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00
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l) conditions of the Protective Oeder by Countrywide's counsel and W3S served
.(,t)E"'
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14 with a Notice of Ruling and a copy of the Coun's July 23,2007 Minute Order
5~~
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15 granting the Protective Ordcr;
~~ . 16 4. DdendantJoseph Zcrnik was able [0 comply with the Protectivc Order, which
c
~ 17 '.Vas prohibitory, narrowly tailored. :md limited in scope. This is evidenced by
18 Zerruk's numerous communications that wcre made to CounlIyWidc's counsel
21 record;
22 ). The Court fInds that De fendafll Joseph Zcmik committcd thirteen (13) separate
21 acts of contempt by willfully violating the Court's July 23, 2007 Protective
24 Order directing Zernik to communicate solely with Countrywide's designated
SMOICQCS6120[1.1 2
PROl'OSEO JUDGMmT
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 32 of 35
3 7_ The Court finds that Defendant Joseph Zernik is guilty of contempt purswnt
4 to Code of Civil ProcedU1'c Section 1209(:1) and is to pay a fUle in the 2-mount of
5 $7,500 for thi.nccn (13) separ:u(! acts of contempt, pursu:mt to Code of Civil
7 IS not fined for his iniual violation of the Protective Order, but is fined $100 for
8 rus second Violation. For each subsequent viol:nion thereafter, he is fined :In
9 additional $100. Zernik is fined $1,000 for the 11th, 12th, and 13th violation,
11 fl. The collection of the $7,500 fine is suspended subject to the following
<D
1'2 condition<;, The Protective Order tcmains in full force and effect during the
""n
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13 pendency of this lawsuit. ff Defendant Joseph Zetnik further viob.lCS the
:::-~~
,. U) £ 14 Protcctive Order, upon five (5) days' written notice from Countrywide to
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15 Zernik, the Receiver shall pay $7,500 from the Receiver's Fund to Countrywide
00 16 in care of its 3ttorncys, Bryan C3VC LLP, unless Zcmik obtains a Coun Order in
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17 the interim blocking payment; and
18 9. Countrywide shall pay its own :!Horoeys' fce<; 2nd costs associated with the
19 contempt proceeding.
20
2\ Dated-
Han. Terry B. Friedman
22
Judge. SU[X'Jior Coun of Califomia
SMOIOOCS611~I1,1 ]
PROI'OSEO JUDGMENT
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 33 of 35
2 I 'lITl employed in th~ County of [.()S Angeles, StAte of Californ;a. [am over the 2.ge of 18 :lOd
not a pany to the within action. My business 2ddress is 120 Bro2dway, Suite 300, S2nu Monici.
3 California 90401-2305.
4
On M2.rch 1\ 2008, I sClVcd the foregoing document{s), described 2S JUDGMENT RE;
5 CONTEMPT, on the interested p:uty{s) in this 2.crion,1S foUows:
~~ ~~
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F:>csimile: 310·S5}·1540 !,Qbcrt.shulkin@Clmovc;$.cQm
-;: U) 14 Qir@r:>~hw.COm
~ ~.!?
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15
CQa:J-~
t:8J (BY OVERNITE EXPRESS) (deposited in :l !>ox or otha facility nl:Unbined by
...
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Ovcrnite Express, 2n express auier service, or delNcr<:d to,. couria or drivcr 2uthoriud by nid
<::
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17 expeess c::uUu savicc to r<:ccive documents.,. lCU<: copy (or original) of chc: foregoing document, in
;1O envclope (Icsignated by said express sc{\licc oeOee, with ddivery fees p~d Qr provided for.
IS
Executed on Much II, 2oo8.;it Santa Momo, Gliforni.:z.
19
I dcdale under penalty of perjury under the laws ofthc United Slates of America
20 and tlle Slale of California lhal the foregoing is lrue and correct
21
22
23
24
25
26
27
28
EXHIBITD
Case 05-90374 Document 260-19 Filed in TXSB on 05/08/09 Page 35 of 35
foUowing:
. cng:tging in conduct th.t must be dumed racketeering in Iirig;ttioo OfSUll>2n v Zcmik (SC087400)
in LA Superior Court
i
1-
B. The Honor,}h[~ Stoi':phcn Czuleger, Presiding Judge & John Cw-ke, Oc.rk, LA Superior Court \
A.u 0 B Bimco, Counscl to the court
Alt S Overton, Counsel to the court
,
~
,,
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 1 of 35
- leadership of lhe LA Superior Court, which :lbdic~led ;lny notion of fucther;lncc of justice, and
refuses to answer b3Sic questions:
- p"rpetr-llOt5 of fr:tuds iothe millions of dothes ag2insr individuals, in ttillions of doUars 2gallsr the
U.S. govcrnmen£...
Copies were crmiled to various olhers in the legal community and otherwise relevant 10 the case.
Attached is a record tided: Ullpubli5hed Rules of CoWl • LA Cuunty. d~cribing some of the fcauds tdaled 10 the
o[Xntioa of SUS12in as the c.asc ffi4nagcment SystCffi in the coor£. The core of the evidence is a obiI' at the end of
the document, comparing the "Dace Minutes Entered" in the paper court file version of the Minutes :lod the
ele<:uoaic COUIt 61e version of the minute (which is offlimits 10 the pub he).
The: document is incomplete, but I :l.lUchcd it for expediency we. It an also be fouod Olt I
bttp:!/inpropainb..com!.OHeading-076.!.Ol.sup-<t..avil-uopublished-tuks-<>f<owt-s.pdf 'I'
<http://inpropainh.com/.or·le:lding-076-la-sup-d-civiI-unpublish~l.ruIcs-<)f<ourt-s.pdf> The online version
would be completed in the next few dAys. The rbte of the version appc:us in the digital sigtla.tutt 2t upper righr of
2
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 2 of 35
face page.
1) l11erc is no evidence Uut Samnn v Zcmik is a legitimate Couct Tnck action. The prepondcnnce of the
<:yid,~oee il1dicarcs that this
is an Enterprise Track <.:lS~, :Iod tlut it w1S d~ignalcd thaI way since before the
(:ompbint was fLIed.
2) Y'JU :;He referring 10 ~ Post-judgmenr Older, wheee che«: ~ no judgment. There is no evideoee chat there is :1
v;,lid judgment entered in Ihis ClSe. On the conuary, !.he !>vidence is.J! clC1ll thaI rhe court starting wirh Judge
Connor was engaged in " judgmenr fraud i/\ INs C1Se. In fact, you yourself stated in open coutt on Nov 9, 2007
(Transcripts. Exh.ibir page 57t el seq), thaI you have never Ixcn served wiu. die judgment.:Uld th"l you do not
l'eeoJ~e any judgemellt in this <::Ise. You refused repeated requests tJut you notice the judgment or notice the
cnl<)' ofjudgmenr, as pUlpOllcdly you were ordered 10 do.
http://inproperinla.com/OO·QO-OO·!a,sup-cl-rcansCOpts,s2mun-y-zemik-doc-Sg-s.pdf
3
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 3 of 35
<http://llIpcoperinla.com/04-IO.2S.counlrywidc':ldulterated-bnndl-input.cxcepcion.[cqucstos.pdf>
hlr:J:/!inproperinh.com!06-ll.0?dod8.1 -<:ounuywidc.mcburin.hlsc-&:Cbntions.pdf
<http://inproperinh.com!O(,.II-Q9 -doc-38-I-<ounuywidc·mc!J.urin-f.lIsc~ccbrarions.pdf:>
http://inpropcrinbocom/06.1 \·09 -doc·38.2-counuywidc-mdlurin-f21se-<kc1m.tions.pdf
<http://inproperinlao<;:om/06-11..Q9.doc:.-38.2.counuywide-mchwio-falsc-dec1:mtioos.pdf> 2) There is no
cvidence and no notice that Teuy FriedlNn h:ls evee been :\SSigned (0 such pU!pOctro COUll :lcnon. He \lias
r~ucslcd on a number of times lO notice his Assignment Order. H.: refused to do so"'. Therefore he h'-S no
authority ae aU rdative to either maller or personso
3) Even 1l1d he been assigned. and had this been 3. legitim21e cout! action, Judge Friedman was disqualified a
number of times. In the most reeetll case, disqualiflC1tion/noncc to cease and desist, tiled March 12,2008. Judge
Fn(:dm.~n, in his response on M:m:h 19,2008, engaged in fraudulent conduct, where he entered in paper couet file:l-
response (invalid on iu f2ce, as a Suike and Answer - ~n un·~llo..,ed combination per the: California Bench Guide of
thc Judicial Coo neil), and then he ptOeccdcd to seceetly void/dispose !Us own response in Sustain (E>:hibit page
194. <laIc aUfiU!eS entcred -00/00/00) _
http://inproperinla.com/OO.OO·OO-h-sup.ct-minute·oedecs-e!eclroruc-<ourt-file-s.pdf
Att Kch"v2ni. for all U\c rcasoos above, you arc continuing co engage in conduct tIut upon review is likely 10 be
dceiTled of cruninal naturc.
Wil:>dr'Awai is demanded of any further action in Samaan v Zemik. as weU as response to previous demands for
mitiga.ting dalTl2~CS by p;l.ymem for unlawful occupancy and immediate vaC3ling of the property by 5:00pm on Wed.
No" 12, 2008.
Joseph Zcrnik
B Presiding Judge Stephen Czuleger & Clerk John A Cbrkc., LA Superior Coml
Nov 11,2008
,
Presiding Judge Cwleger. 21\.1 Clerk Clacke. All Bianco, Au Overton., Att DiCado; :
Pbie take notice or COll1muruClUons with An I<csh:tl':trzi wd odlcu in tllis c.nuiI messagc _
-n,c Presiding Judge and (he Cleek of the Court :/.tc negtigcor in allowing Judge Fric:dmw to proceed with hiS
wwngful conduct :15 2 presiding judge in S:tmun v urnik.
The Cou'rr:, Presiding Judge Cwlcger :lnd Ckrk Cunee also ..bdicate :lny noliOll of fuItherance of jllStice in their
<:onvnued refusal (0 rcs£X>nd to very basic questions undedying the frauds in Sanum v Zo:nik, and also in their
ongcing denial of :/.cccss to my own litigation records, per Nixon v Wa.mcr Communications, CalifornU Rules of
COUll, Rille: 2.400 er seq, etc, where rhe full 2nd direct cvidence of the fcauds resides.
I'rcsidingJudgc Czulcgcr and Assisunt PrcsidingJudge McCoy also bi.I (0 :tbKle by the C~fomi:l Code ofJudicial
Ethi<s Canon 30(1) (- cx.hibj( page 14) aftcc being reliably infocmed of conduct of judges :lod attorneys that viob.tcs
the Code of Ethics, they fa.iI to take any corrective :tenon so fat.
http://inproperinl2..com/OO,,()()..()(}-uw-c1_codejudicUCethics--OS-W-08-s.tx!f
<http://inproperinla..com/OO..(Xg)()-Iaw-c1_codejudici:lCethics..()8-09-08-s.pdf->
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 4 of 35
Nouce L' ~win detronded by the offices of the Presiding Judge ~nd Ihe Clerk 10 all involved by 5:00pm on Wed
No\'" 12, 2008:
1) Eilher th"llherc IS, :tllernauvcly, thaI the[e iso'lany valid duc Assignment Order in this case for Judge Fciedm:ln.
2) Either that thcrc is, alte£03uvcly, th11 there isn't any v31id, effcclualcnlcred Judgmcl\lof Aug 9, 2007 in this case.
hup://inproperinI3 .comj08-08-I 4,c:lJ..ct·app.2.mooon -lo-$uspcnd-appdl-w-elth-s.pd f
<hctp:/ finproperinl-:t.com!08-08-14 -a(·Cl-1pp.2.moUoo.lo -suspeOO-appe2l-w-exh·s.p<lf>
btlp:// inpropcrinb.co~/.OHC3ding.lS2-<:ooclusioD$·us-eOOsuluoon -non-eompliancc.pdf
<hltp:! i inpropcrinb..com/.OHeading.l S2-eonetusions.us-eonsotuuon·non-wmplUncc.pdf> 3) Eimer thallbc
G [~nt Deed LSsued by David P:lStcmak is, "llenulivcly - isn't valid l grant deed stemming (rom this asc.
huT''' /i<lpropcrinb..com/07 ·12-\ '/-opinion-!ettcr.fnud.in'gnnt-decds-s.pdf
<hup:/ /inplOpcrinla.com/07.12.I7.opinion.\etter.f£2ud-in-gnm..aecos-s.pdf> 4) Eimer Ihat the use as" whok is
:I v~lidSt:lte of Glifornia Iiligation,llltcmauvdy . mat il isn'•.
hup:/linpropcriola.com/OO-OO·QQ·I,,·sup-<:t-u.frauds.mediev:l!-s.pdf
Joseph Zcrnik
No~ tl,2008
Plca!;c t3ke notice of ocher U}J[ununio.tion~ in this Crrull message, :md refercnces ro rccords rll:at arc postcO online.
Puts'lam to your role 3S Editor of thc D:a..il.y Jourrul which in tum has coollol of Susuin, r "gain dClTUod YOlU
~cuon to mitigate damages: Conftrmation or deniAl of the V:WOllS fcatl1l:es of SusWo, the LA Superior Court
{r-auclulent a.se nunagemcnt system, which is an immuneo! of f~ud on Ihe 9.S million people rh3t this eouct claims
ta serve.
http://inrrop.~rinb..com/OO-OO-OO·compute[s-susbin-subsidU£}'-{)f-<iaiJy-joum:tl-s.pdf
Joseph Zcrnik
__ ~_~_. _ _ . _ ._ _ w ~. .~ ~~ _ _ - - - - - - ... - .. - - - .
s
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 5 of 35
Nov 11.2008
Au David V2slcrruk
Past·:mak. Pasrernak, Patlon
Au Pasternak:
-nus is a rC["'3t demand lhat you immedialely withdnw the fnudulenl Grant Deed thaI you flied with the office of
Registrar/Recorder. imp:! linpropc rinla.com 107 -12·17 .opinion.lettcdraud-in-gnnt-decds-s.pdf
<http://inproperinla.eom/07 .12-t7-opi.oion.leucr-fraud-icL-g[~nr-dceds.s.pdl:>that you nouee the parties once
you have: done so, 2nd that you facilitate l1acating thc proPClty thaI you forcibly entered and fraudulently tunsfc[rcd
to S'llna:m.
Joseph Zt.:rnik
Nov 11,2008
PIC2:iC finally answer the questions :lSkcd numerous times in the past:
1)Underwcicing Letter:
http://inpropcJiob.com/01-1 0-2G-doc-44-<:ountrywide-fr.lud-undclWocing-lctter.pdf
<htf[>:/ /inproperinla.com/04-IO.26-doc-«-<.ountrywide.f(1lud-undctwriting.!euer.pdf>
http://inpropcrin~=m/04-IO.2~-opil1ion-letter-coW1uywide-Ullde['\l ..citing-lctta:-oct.26%5Bs"loSD.pdf
<hltfl:/ /mpwpeonla.com/04-10-26-opinion-!elr.cc-<:oontrywidc,ul1<krwriling-lcttee-oct-2G%SBs%5D.p<lf> a) Was
the Lllderwriting !cuer that is posted online 25 indicated above., d:Llcd Oct 14.2004 or Oct 26. 2004?
1,) Was it :1 valid Countrywide underwriting Ictl<:r as p:ut of Sao~n's lo.n appliouon file in 2004?
Joseph Zcmik
_. _ _ • • ... .~ • • r __
6
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 6 of 35
Joseph Zcmik
Review of yOIl[ officiJIl biogC2phy shows you werc in leadership positions in the civil courts of LA Su~cior Court
during or around the time when Suslain was installed ",1$ the use ffiaM.gement system. and !he public records !hal
ace the BooksofCoure were dimimted.
http://inpropcrinb.eom/OO-OO·OO-Jlldgcs-bio-mise.in fo.s.pd f <hetp:11inprope cinla.com/OO-OO·QO·judgcs.bio -mise-
info·s.pdr> - Exhibit pagc 1}
1) Would you ple:lsC rcspond willi:a statement on the record regarding youe wk, if any, in chis nuUer?
2.) Would you pl~sc r".spend with :1 statement on the record regarding !he notion dut Sust.ain is a (r~wdulcnt
computer system?
.3) If SQ. would you pl~s" rcspond with :a statement on the t<:i:ord r<::g-Jtding corrective action that you nuy initiate.
if :lny?
]os"l'l. Zc:-.mik
Revi.:w of your offici:l.l biogophy sbows you were in judge in the LA Superior Court during ye~m thar Sustain was
in us·c 25 the C3.SC m:llugenu:fIt sy>lcm..
http://inproperinh.colu/OO-OO-OO-judges-bio.misc-info.s.pdf <hnp:/ /inptoperinh.com/OO-OO-OO·~-bio-misc
iufo-s.pdf> - Exhibit pa~ 19
1) Would you please respond with a statecnrot oei!he record reguding youe use:wd knowledge, prior to this notice
7
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 7 of 35
of the ftaud~ in Sumin, during your servicc as judge in thc LA SUIXOor Court?
1) Would you please rcspond with a S{;l.cemtIu on the rccord tegarding the nooon th:1.t SvStlin is 1 fraudulent
computer s)'Stcm?
) If so, \IIould you plc~sc rcspond with a statcment on the record ccgmling corrective 1ction that you m:lY initi:ltc.
if all)'?
4) Would you pl<:;lsc (cview Ihe foUowing recotds cdattd to the conduct of yow: colleagues, Judge Vuginia A
Phillips :I.nd Cub Woehdc IN RE. Zccnik v Connor ct aL (2:200&v01550):
:1) Ltigacion with no Summons, where summons were ft1udulently issued by the c1c(k of U.S. District Cout[, LA,
who refuscd to sign valid summons presented by Naintiff. in vioblioo of dIe rulcs of coUIt:
http://inpcoperinb.comf.OHC2ding.1OO.w;-&isHt.b.void.lirigation.\V.no.summons-s.pdf
<hllp:! / iJlpropcrinla .a>m/.OHoding., 00 -us -dist-ct-b.void-Iitigation-w· no.summons-s.pdC> b) t\nnot~ted docket
of p....epotted litigation U\ Zemik v Connor et :ll.
http://inproperinl2.Com/.OHC2ding.,02-us-mst-ct-la -<!odcet.annouted-s.pdf
<htlp:llinproperinla.coml .OHodiag-l02.us4ist-<t-la-dockct.annolated·,.pdf> c) List of tc:corc!s bmed by
Magistratc Woehrle from filing through deceitful ~ of Diserc(l:lney Notices.
hup: I /inpropccinb.com/.OHcadiog" 03·us-dist-<I-b.pcrverled-us~-of-:disc~(l1OC)'-ootices-incompldepdf
<http://inproperinb.eom/.OHe:lding.I03.U$.dist-<t-b-pc:rvwcd-usc-of-<liscr.lpwcy-noticcs-incomplcle.pdf>
The discrcp:lncy noted in 1U such records is: May 15,2008 Minute Order by Judge Woehrle.
Upon (evicw of such rccords, pleasc iniwte corrective :lction, such :lS:
:0) i\ deda",ti()[l on Lhc record of to effect such as:
"l-itigo.tion ",hcrc no valid summons W2.S issued by the clerk, neithcr v.~ :loy valid summons servcd on defcnd,,"Is,
not .:ntcrcd in court, and where plaintiff W:IS bllred [IOm filing pape{') in court, is null and void, it never W~
litigation [0 begin wilh No need 10 dismiss such litig2tioo. since there W<l.S 00 litigatioo (0 be dismissed."
b) Notice (0 Ihe 3uthO.ilies, as you feclllecC$s1ry.
c) Notice to parties regarding your actions in thi~ rcg:trd.
Joseph Zernik
Pl=e take noocc tll:lt tomorrow, November 12,2008, at 8:30 3.m. in Dep3rtmdlt Jof the Los Angeles
Superior Court in Sm~ Monia, phin tiff Nivic Satm:U1's counsel will :l[>pe1r ex pute to request '-II oeder shortening
time for the hearing on Plaintiffs morion for 1WlIrd of POSt judgment momey's fees. This application is based on
the f~cCt th:lt lhe uroest ebte available through the clcrk foc the hc::uing is in December llnd due to her £inanc~l
condition, the plaintiff necds the Court's ruling on this applio-tion:lS soon as possible. Please let me know if you
'intend (0 oppose our 1ppliotion.
B
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 8 of 35
Ciccubr 230 Notice: In 2ccordance with TrC2.Sury Rcgubtions \lie notify you that any t:ax advic", given herein
(or in :lOy 2.ltachmenls) is not intended or wctten to be used, 2nd cannot be used by :l.lIf l:l.lq>:tycr. for the purpose
of ((I :avoiding tax pCU2ltks or (u) ptOmoting. mukeling or recommending to another party any mns.enon or
m:l.Ucc addrCS5ed hecein (or in any all:l.ch~nts).
Attention: This mcss:l.ge is senr by a uw firm and may conbin infonnauon that is privileged or collfidenti:al
)f you received this mllsll\is.~ion in error, pbse notify the scnde( by reply c-mail2od delete the mcss1.l;e :and :any
atuchmcHcs.
9
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 9 of 35
: \
,J......
EXHIBITE
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 10 of 35
Time is of the essen£!!, pk2sc rcspond by Monday, No... 24] 2008, 5:00pm,
RE: Letter to llank of Amenca Corporation in RE: Jacqueline Connor and tile corrupt justice system of
LA County.
A. Request fOr confirmation of Dank of AmcriCll Corporation knOWledge and approval of your contil11.1t.'\I
fraudulent conduct and the fr:ludulent o::onducl of Countrywide Legal Divi.~ion in Samaao v l,crnik
(SC087400)
Il. Request for Bank of American assistancc in freeing those who were confimlcd inl\occntlJut framed in
tbe R:!mpart scandal
None of your rerords were cller aulheoticated. During this whole balilSSlllCnt campaign, you havc never
produced a single declaration by either Mozilo or Samuels to the effect that they have ever received any
communication from me. Therefore, your actions. all based on false anome)' Slatcments, ~k any legal
foundation. including the most recctlt ones.
Docs Counsc! of lhe Bank of AmeriC<! Corporation know and approve of such litigation practices as
perfonned on its behalf?
for the record - I again listed Angelo Movlo and Sandor Samucls in the a; list of illSlanl message. lwice
each! Please providc verified statement from each that I hey received instant email note, or for that maner
any cm."lil nole from me- ever....
5) Does CoulISclofIf,C Bank ofAmerica Corporation know and approve ofyour COn/hilledfraudulenl
i,.
sWlldards rela/ivl: /0 evidence roWinelyfiled courl wid. no oUllllm/ica/ion, ondaccepted as valid
evidence by (/,c colludillgjudges of"1e LA Superior COllrt?
TIlis category ofcourse includes most if nol all the records in Countl)'wide's subpoena productions in
what is nominally Samaan v Zemik (SCOS7400). where the rCllrcsentatiollS as to who n:ccivcd which
record from whom. and when. are almost univclQlIy fr.ludulenl. in \'iolation ofany "sound banking
priocip[c· - massive fraud on the U.S. govcrnment, ora this court., and OR me. oolhc people of CalifomiOl
and the u.s.
Obviously. soch were the standards of legal practice of Sandor Samuels and Countrywide. and they were
coordinated WIlh and welcomed by Judge Connor. as part ofcomtplion ofthe LA courts by Countrywide.
Elscwhere around the country they weI'C more critically roccived. as in Pcnnsylvania, January 2008, and
Dallas Texas, March 2008 - U.S. Judge Jclfl30hm opinion. previously scrvcrl upon you.
Again, please confirm !hat Bank of America/\ Corporation and its COUllscl know and approve of your
COlllillUl~ a~tionsin Samaan y Zemik (SC087400) based entirely on fraudulent subpoena productions,
produced by Sa:ldor Samuels and the legal Division he headed, five (S) times in a row between sumlllC>"
2006 and spring 2007, and including what mUSl bcdcemed hundreds of ptedlcatcd acts pcrRICO 18 USC
[961·196.11. if each of these fraudulent records is to be counled separately.
6) Does U:J.ulSel aflhe Bank o/A'7II:ricn Corporation know OJuJ approve ofyour con/irwed appearollce ill
court as "Non-Party" i" /lIC "noll.litigation" ofSamam, v ZemiJc , whilc court records give you olle ofa
doun dlanging designalions (p(ainliff. De[endafll. ",IUlle ~'er if designnJioll dll jour)?
[ generously suggesled in the pastlhal you be dcsignalcd •Judge" in this farce. please let me know whal
designation Bank ofAmerica Corporation and lis Counsel col\Sider to be your truthful designation here.
7) Does ColUlScl ofthe BOJVc ofAmerica Corporation mow llnd approve ofactions condUL,tcd in court on
their behalfas a wha(e. or in pari, in re: sallcliOI!S and OSC re: Conlempl and safleliom excecding
Sn.OOO, stan'lIg Jalll/Dry ZOO8?
TeeT)' Friedman, wilhout any assignment order. and wilh no authority as a judge. a Ocr disqualification,
dropped olfhis sleeve, at yourrequcsl a ruling that Connor's 1KJ11-existent order was in full force and
elfect. ex past facIo. Friedman also fail00 10 rcgiSIl:r lhal ruling, yet he used itlalcf in Febf\l3.l)' and Man;ll,
2008 ill absurd rulings, for further abuse..
8) Does COI4I!Sel oftire Bank ofAmerica Corporation knOIV QJld approve ofyorrr aclio/lS ill tlris nOli-
li/igalio" on July 6. Z007 - the d:Jrk cowl gag order proceedings. recorded as "proceeding 1I0t
recOrdCl/ "?
9) Does COlUlSei of/he Bank a/America Corpora/ion b,OW cvuJ approve ofyour continlledappenrllnce
before Judge Connor after she fraudulently r..efused 10 accept tiisqualificalion for a rouse orr July / Z,
ZOOT?
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 12 of 35
10) Docs Cowue! oflire Balik ofAmerica Corporotion knOIV aruJ apprQve ofyour JIJy 2J, 2007 off Ihe
record~ proceedillg. where you providedmoving papers after opposilioll tkodJitlC. and where Judge
Cmlllor rccorded your proposedordcrs .. Denied", yer you claimed loler on Illot such order 1WU" issued?
II) Does COlUISel oflhe Bank ofAmerica CorporotiOtI know and approve ofl//C wrollgfuf appearance of
Jerola Moldawslcy;1l Summary Judgmelll hearing Aug 9, 200 7, a proceedingfully based 011 frO/dulell/
Countrywide records.fraud on lire COWl and aIle me by JI.1ge COIlIlor, All Keshavarzi. Country.vide.
SatlllJcLr. Moli/o. and Bryan Cave. LLP?
12) Does COU/lSei ofIhe Btmk ofAmerica Corporolioll b,ow alrd approlJC Judge COllnor's froudulclil &~ 1 f,
2007 mi,zulc order, lalCT Ihonllcr second disqllo(ificotiotl for a COllse, bac.1:-daled 10 Sepl 10, lOO7.
rccording n fictitiolls hl:aring Ifll11 hadnever been heard in realily. and a fU:litious ruling tfratfwd ncvcr
ruled ill reality -Ihallhere W~ nofraud in Cowllrywidc's subpoena records?
13) Docs Coullsel ofthe Bank ofAlllcrico Corpora/iolt k"o... alld approve olille fact thai Sheppard Mullin
and Keshovani go all submiuillg agoiJI alld again the fWO key froudulelll recordsfrom COUlltfJl"'ide's
fraudulent sub~na productions. w/rich were Ihe only purporlcdfOlUldatioll oftlrisfabricated fitigarion?
a ]11Cinvalid fraudulent Underwriting leiter of 0cl26, 2004) . Altomeys for Countrywide, Shatz
and Boeke. in MCd and Confer in March 2007, in response 10 my queslions, slaled lhal sueh
tCUer "''as never part ofllle loan file in 2004. TIle first and only liltle il was produced by
Countrywide was in April 2007, aner that Meel and Confer, in response to my demand for
explanation. And in lhal subpoena 100. illlcver appeared as an underwriting leiter from 2004, per
se. [I only appeared as part ohlle No" J-<i. 2006 KesnavarzilLloydIMcI..aurin eorrespond=,
which I deem procuremwl of perjury.
Yel Keshavani repeatedly filed it in court.. deliberately misrcprcscnting it as an authentic Ocl 14.
2004 ulldenvriling lener, withoul any authenticalion (Iik.e all other records), even after the change
ofconlrOl ofCounlrywidc 10 Bank ofAmerica Corporation. Nationally acclaimed fraud expert
Robert MeiSler confinncd the fraud in lhat misrepresenlation).
b. The fraudulent rcal pro~y conlraCt document· In open COllrt Keshavarzi admiUcd by now a
couple oflimcs that this record, was not what he had previously ddibcl7lldy misrepresented iliO
be. Countrywide deliberately misrepresented it in Mc13urin's fraudulenl dedaratiofls as well.
l1nJt record was never faxed from Parks 10 Counlrywide on Oct 25, 2004, at 5:0Jpm - a cenlral
claim in thc fraudulenl fabrication that was the whole basis for the summary judgmefll Instead.
on Octol>cr 25. 5:03pm, it was faxed from Samaan, in los Angeles, 10 Lloyd, in los Angeles, as
part of the massivc Counlrywide fax/wilC fraud scheme. This fulu<!ulenl rerord wa~ filed again
for a '"hearing" on November 21,2008, and )IOU were noticed of illoo.
r4) Does Counsel ofIhc Bank ofAmerica Corpara/iOtI know and approve ofthe fax/wire fraud and agree la
your conlillued parlicipation in this plVparted legal action based OIl slIch fraud?
Practically all n::rords in the Samaan's Counlrywide loan Iile lhaL appc<lf as fax transmissions from Parks
are p,'Ut of this fax/wire lTaU<!. In and oflhemsclves federal offenses, and predicated acts per RICO as
well.
IS} Does Counsel of/he Ba,1k ofAmerica CorpuratiOiI know alld approve ofLhefrauduleJrt Samoan 10011
applications (l/Id wrderwri/ing records and underwriting h~~toryas produced by COlDlcrywidc /..egaf
Division, led by Sandor Samuels. and as fraudulently misrepresented by Maria McLaurin in her
dedara/ions ?
Specifically:
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 13 of 35
a. Dol/b/1: "dale received" siamm: Sama.an·s LOJIl Applications bear double 5Dale Rcceivcd 5
stamps\ and fr.tudulent claims wete made by Keshavaro aoel Counlrywide that lhe loan
:lpplicatiOll5 were lim received OIlly
on Oct 12, 2004. while failing 10 provide any explanation w!lalS()(.'Ver for the second, earlier,
defaced Dale Received slamps. The data shows that by Oct 6. 2004 Diane fra2ier already
detecled and rcrorded !he fraud in Samaan's loan applications employment data That or ~c
would be impossible. unl= she used SOme ofSam3afl's psychic devises in the J'lC'Idicc of
underwriting.
Diane Fr.uier also COllfKlned Ihal fact 10 Ole in a phooc wll in March 2007 -lhatlhe 103n
applications were received [j~1 in Ihe li~1 week ofOclobcr. and only after she rc<:orded the fraud
(and failure to listclo.ing coslS, and failure [0 file a copy oflhc contract). and demanded new loan
applications. McLaurin. 10 spite Frazier. defaced d1e old Date Rc«ived stamps. and mn lhe old
applicatiOfls a second lime through Counltywide's imaging system. as if Ihey were new loan
applicatiOfls- McLaurin lhen had the second.latcr Slamps "C\X:Cived Octobef 12,2004 added to 5
•
a. The real propcrtyconlracl was fully executed by Joseph Zemik on SepllS, 2004,and its full
ex.ecution wa.~ acknowledged by Nivic Samaan on Scpll6, 2004 -Irue claim.
b. Samaan's loan applications arrived for lhe first lime in Countrywide San Rafael between Qc.[obcr
I and October 6, 2004 -true claim.
c. SanlaM's loan applicaliolU arrived for \he firsllimc in Countrywide San Rafael only on Oct 12.
2004 - fr.lUdulenl c!:Jim.
d. Such loan arpliC.llions included a copy ofthc real ptoperty controd - fraudulent claim.
c. The reason Salll33ll refused to submit a copy ofl~ eOl\lr.N:t for Frazier's review was thai Samaan
included in the conlrael provision for counling the commission as put of the doWTlpaYIllCl\1. Such
provision would have caused denial ofSamaan's loan applications in and of ilself - true claim.
f. Samaan's loan applications were suspended onOctl4, 2004 -Irue claim,
g. Samaan's loan applical.ions were suspended merely Mo days all.et their first arrival in
Countrywide· roudulent claim.
It llle reason for such summary suspension was lhallhe underwriler, Diane frillier deemed tile real
property contr.ICl nOI "fully executed" - fl1ludulcnt claim.
L The real property conlrncl was deemcd not "fully executed", as a result of missing verification by
Joseph Zcmik onlhe initial OffCf- foudulcnt cbilll.
j. The meaning ofthe condition sci by Dianc Frazier in the October 14,2004 Undcrwriling Leiter
demanding fully e>eccuted real property contract, and refusing 10 accept escrow leller as a
substitule was Ihar she asked for additional veri fica lion by Zcmik ofille real property conlracl -
fraudulent claim.
k. llle meaning oflhe condition sct by Diane Frazier in the October 14,2004 UndelWriling lener
demanding fully execuled real property contract, and refusing to accept escrow leller as a
subslitulc was lh;)t Smnaan ref=:d to submit aoopy of tile contract, and submifted instead invalid
escrow lellers ··Irue claim.
I. Thai condition, demanding fully CKCCUled real property conlract, was satisfied 00 Monday,
October 25, 1004, when the "fully eXCi:uted" contract arrived by fax al 5:03 pm from Parks 10
Counlrywidc San Rafael- fraudulent cl2im.
Ill. lmmcdialcly upon arrival of lhat fax from Parts on Qc.[obcr 25,1004, Samaan's 1030 applical.ions
wcre approved by Counoywide underwnler- frau.iulea! claim.
n. On October 25, 2()().1, Maria McLaurin displaced Ihe duly assigned uoderwriler, Diane Fr:vief.
and look over undCI"Wriling ofSamaan's loan applications, out ofcompliance and in violation of
lite law- true cbim.
0. On October 25, 1004. Maria Mclaurin had appraisal review ordered - true claim.
p. On Oe.t.ober 25.2004. Maria Mclaurin completed Bra'lcn Input, Ex.ujltion request and fOfWarded
it 10 DcmelrioGadi. Corporate Underwriting SUJlport -Iruc cbim.
q. In herUraneh Input, Maria Mclaurin fraudulcolfy lisled Samaan's income ar $4,000,000 per year
_. true claim.
r. In her flranch Input, Maria Mclaurin failed to include Clues analysis report- true claim.
s. Maria Mclaurin was not authorized to file such a Branch Input, it should have been moo by an
authorized undClWliter -true claim.
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 15 of 35
I. lJcmClrio Gadi' response 3fTived only 011 October 29, 2004 -true claim.
u. III hi~ response Gadi explicitly Slaled il did not constitUle approval- truc claim.
v. In his response Gadi demanded thai Samaan's loan appliC3lion be approved only after a valid
Clues analysis report was generaled - true claim.
w. In his response Gadi demanded thaI Samaan's loan applications be approved only allcr
undenvriting review by an authorized Branch Underwriter. nol by MeLuarin - true claim.
x. Closing in the real property contract was stipulated for November 1.2004 -lrue claim.
y. Appraisal review results arrived only on November J. 2004 -true claim.
z.. In underwriling leIter issued by MCUwrin on November 3. 2004, the real estate contract, as well
as olhcreonditions. wcrestilllistedas unsatisfied -lrueclaim.
;1;1. In lhe underwriting leiter issued by Mclaurin on November 3.2004. OrokerCertificalion of
Records was still listed as unsatisfied - true claim.
Lb. lllc Nov 3,2004 Underwriting l.elter was issued by McLaurin. not by a Br:meh Underwriter. in
defiance ofGadi's instructions - (rue claim.
ee. l1lCre is no indication in the 103n file that BrokCJ' Cc:nificat ion of Records was ever obtained-
true claim
dd. True Broker Certification ofRccords could never be obtained, since Parks. listed as the Broker 00
thc.sc loan applications. had IlOthing 10 do with this loan, as admilted by Samaan in her July 2006
deposition. He had never signed (he loan applications. and never approved the records forwarded
by Samaan 10 Counlrywide via the wirclfax fraud scheme in his namc - true cbim.
ce. In January 2006 McLaurin forwarded Sam33fl's l.oan Application for funding by Countrywide
Bank - (rue claim.
fr. In January 2006 Countrywide Bank summarily deJ1ied funding ofSamaan's foan applications-
true cl:lim.
17) Does COIl1lsel ofIhe Bonk ofAmcricn Corporatioll know <ll/d approve oflhe fraudllleni cloims by
COlUllrywide in 200617 - thai tllere were no imaging. securily, internal audil, external alldi,. regulatory.
or any olher reports rcl"rive (0 Samoans /raudulcnllooJl applicarions?
18) Does COIVUe! o/Il,e Bank of America Corporalion mow and approve ofthe deafll threal againsr me in
Mardi lOG7. by a person wllo represelliedIrimselfas doing il 01/ Cowlrryn-idc's beJralf. 10 intimidate me
from fur/her cOrtlmwlica(iOI\S willi Diane Frazier?
/9) Does Coullsel o[tire Bank 0/Americn Corporario/l kJlOw a,ul approve ofCOlwrywitJe's handling ofDialll:
Frazil'r~~ disappearance in March 1007, to avoid being served subpoelUl for deposition?
Oy phone Diane F'a7ic:r was willfully cooperative and helpful, albeit intimidated, repealedly warning me
that I had no e1tJ<: who I was dealing with. A fcw days laler. a IJCf$OO representing himselfas Mr Levine
answcred the door. and he claimed that she had m()vcd. But when I called. her last week, she was at the
s<lllle number and it was registered
10 the very same address.
Counlrywide's actions relalive to Diane Frazier, a leey witncss. cannot be deemed anything but a series of
predicaled acts per RlCO.
20) Does Counsel ofrhe Bank ofAmerica Corporation brow and approve ofCcWltrywidc's handJUlg of
Zemik's complairr/S /0 banking regulators. and are they familiar willI the handli/fg ofsudr complaints,
which is likely to be seen as dishonest?
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 16 of 35
• Page 119
3. In January. and later in March 2001 Zemik filed complaints againsl Countl)'wide Bank with
Office ofThrin Supcrvision., G1SC 1I05D7J 12007.
b. By April 16. 2001thc invcstigationofCounlrywidc!Jam: was complete.
c. Countf)'wide Elill1k was cleared of wrongdoing since it claimed that il would never have funded
Samaao's loan applications.
d. Findings ofOffice ofnuifl Supervision promplCd !hal office to submit i!5 own complainl againsl
CounlJywide Home Loans relative to Sama.an's loan applications to Office ofTrade Commission.
c. The initiallcltcr senllo Zemik by lllfift Supervision on 4fl(i107 rcfieclCd the lroc outcoene oflhc
invcstigation ··Ihat Countrywide l3ank was cleared of wrongdoing by c1aiminr,!hat it would nevcr
have funded the Samaan's loans. Due to either trvc ()( deliberate error Zemik was listed instead of
$:unaan as lhe loan appliGinl.
r. When Zemik n:qtJeslcd lhallhc leiter be corrected, a fraudulcmlcller was issued by OffICe of
Thrift Supervision, purporting to report the rcsulls or"furthcr inquiry".
g. llll: lrue fact of the malter is Ulal Counll)'wide consolidated regulation under Officc of Federal
Trade Commission by March 2001. Iherefore there was no further inquiry in Office ofThrifi
Supervision. .
h. In }uncJJuly 2007 the OffICe of Fedcral Trade Commission provided Zemik. with false allli
misl12ding respon5CS 10 requesl~ for in(onnation regarding the outcome of tile investigation of his
complainl against Counrrywide Home Loans.
i. Belinda Drter. Office of Federal Trade Commission [irst provided Zemik misleading informalion
-that \lIC complaint was fon~arded (0 the Fcrlcral Reserve for the invcstigation orCOUllll)'wide
1·lome Loans. (nc.
j. Federal Reservc ncvcr had any supcrvisory/regulatory aulhority relative to CQuntrywide Home
Loans. sucl\ authority was wilh Officc of fedccal Trade Commission.
k. In response to FIOA. Office ofTrndeCommissioo gCllcrated records that were especially edited
(nol redaded) and were nOllrue copies orille recmds.
I. Office of the Inspector Gcm:ral ofille OffICC ofFedcraJ Trade Commission was supposedly
running an investigalion into the adulterated records provided as FIOA response. But a year later.
no resulls of lhe i nvcsligalion into !he adulterated records provided as response 10 FIOA was
received
~am(10n v lernik and Judge JCJgJlJi!linc Connor
None ofwhal took place in this purported Statc ofCali fomia SUperior Court liligation could have transpired, had
it non been for Judge Jacqueltnc \..onnor·s corrupt cooduct in this case. The frauduleflt claims fabricated by
Mclaurin, KcsnavllI7.i, and Lloyd. could never fly by any reasonable person. They simply delied logic, they
contradicted !he rccofds in this case. The fraudulC11t claims had no support in any recoo1s from 2004 and We{e
CIItirely based 00 .he fraudulent dcclarnt"lons by Mclaurin., Parks, Keshavarzi. and Samaan. and misrepresentation
{)f fiaudulCIIl Countrywide I'I:COrds. Butlhc misrepresented Counll)'wide records were never authenticated. A
judge did nOl need to be a rocket scicl\tistto avoid lh~ fraud in the court room secn in this ease. Ajudge simply
had to rcasooably follow the evidence rode.
That Judge Connor was delibaatcly engaged in fiaud agail1S[ Zcmik in this case, in collusion with Kcshavarz.i and
Counrtywidc. is evident in numerous \Vays. The easiest way to demonsbale the coflusion in fraud willi
Keshavan:i is to review the fraud in extrneting sanctions monies from Zcmik in April-July 2007. when Connor
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 17 of 35
claimed in open coun that she would 5ign an order for sanctions, whidl she never did. The case relalive 10
<Aunll)'widc's gag order Oil July 23, 2007 was simply a repelition of Ihe same rraud rouline.
Judg<l Connor's ultcrior molive in perpetrating the fraud in Countrywide's records is best evidenced ill her
fictitious, frau-:lulent minutcorder ofScplIO,2001.
D. Request {or 25.Sist3ace in freeing thosc who arc falsely imllrisoncd in los Angeles County, aCler being
conlirmed as innocent bul framed in the llilmpart sondal ill "cstigafioDs, and in restoring public records of
the LA Superior Court in compliance wah lhe law.
Judge Connor's corrupt conduct as ~tibcd above should nol come as surprise 10 anybody. Similar conduct has
been described in IlJc criminal courts, relative to the convielion and long prison lerms of innocent people in
collusion with corrupl police who frame such people.
Judge Jactjucline <AmiOr is one of the judges nolarious for panieipaling in the rraming ofestimated thousands or
people in what came 10 Ix: known as the Rampart scandal. "is now 10 years after tlle scandal was first e"posed,
and some four or live col'nmissions investigaled Ihe matter. And yClnobody has a good CSlimate ofthc number of
poople Ihal well: scnlenced by such judges to long prison terms based on false leslimonies by colTUpl polire.
Judge Connor is probably lx::sl known for dCl'ailing the Rampart Trial of2000, by (evcning Jury conviction of J
oul or 4 corrupl police. Her conduct was the clear sign Ihat Ihe judiciary would 001 allow true invcstigalion and
resolulion of the ca\15CS of Ihe Rampart scandal.
Even the prisoners thaI were conlinned as innocent but framed in lhcse invesligation have never Ix:cn /Teed.
excepl for a small group. ofJess than 200. 11Ic latesl repoft·- OIue Ribbon Review Panel 2006 repon estimates
Ihatlhousands of innocent people are stiU falsely imprisooc<l, and it provides evidence that police, prosecutors,
and judges. prevenllheir rclC3SC from prison.
MoreovCl'. eare fiJI analysis of Samaan v Zemik. of the failure 10 free Ihose who were irulOCl:ul but f,dJl1ed, and the
dysfunctional officc orovcrsttr per the Consent Deere<: (2:2000evI1769) has once central key feature-the
denial ofaccess 10 public records thaI are the books ofcourt by \he LA Superior Collrt. Thai denial of access is
key feature of the COmJptiOll ofthc justice system in LA County, and il has been going on for over a quarter
century.
In the past year I have m3dc r<Xjucsts regarding [he opening oflhe public reeonts of LA County Superior Court,
which arc likdy to lead 10 the immediate rclcase ofthosc falsely imprisoned. Wilh assistance from U.S.
Congress, I received responses. which I deem inadequale from Mr Kenneth Melson, Director, U.S. ()cpartmcnt of
Juslice, and Mr Kenneth Kaiscr, Assistant Dircclor. fBI.
Any U.S. cilizen shoufd assume it his/her duty to stop the abuse ofllie Bill of Rights of9.5 million people who
live in LA County, the most populous in the US, by the LA Superior Court.
I intend to renew my dcmat\ds t.hat Mr Kaiser and Mr Mclson lake action to stop such abuse before !he end orthe
current adminislralion. I request Ihat as part of review of the posihon of Ban!< of America Corporation in Samaan
v Zcmik, lhe bank will also support the demands to <lpet'llhc pubHe recoo!s of the LA Superior Court, before Ihe
inauguration of the new administration. The impacl ofsuch 5implc ael on the quality oflhe justice system in LA
County, 00 freeing those falsely imprisoned, and the feclingoftru.~in govcmment in this county cartIlOl be
overcslimalcd. .
).~
Joseph Zcmik
CC: By email .
"Van Cleve, Peter D." <pdvanclevc@BryanCave.com>.sandor_samuels@counlrywidc.com.
angelo_mozilo@countrywide.wm, samuels_sandot@Countrywide.com. mozilo_angelo@counllywidc.com
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 18 of 35
• Page919
Kenneth O. Lewis
Chainnan, Chi~f Executive Omcer and President, Bank of America Corporation
Keith Banks
President. Global Wealth & Investment Management, Bank of America Corporalion
Risk & Capital Committee and Management Operating Committee
.loe L. Price
Chief Financial Omcer, Bank of America Corporation
Risk & Capital and ManagCfOCOI Operating Committees
On IO·k 11f07
Neil A.Cotty
Chief Accounting Officer
SEC Headq~e.rs
100 F Street, N~
WashingtOll, DC 20549
(202) 942-8088
hdp@sec.gov
And by email
OfficeorThrifl Supervision
San Francisco Regional Orlicc
Pacilie Plaza
2001 Junipcro Serra Bou(.:;vanJ, Sui Ie 650
Daly City, California 94014-1976
Tel: (6S0) 746-7000 x7098
Office Federal Trade CoounissiOll
Consumer Reports Ccnter,CRC·240
600 Pcnsylvania Ave
NW Washington DC 20580
Tel: I 877 382 4357
And by email
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EXHIBITF
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Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 21 of 35
Page 1 of 1
Moldawsky, Jenna L.
Dr. Zemik,
Please be advised that the status of our law firm as outside legal counsel for Countrywide
Horne Loans, Inc. remains unchanged by the merger with Bank of America, and that
we continue to represent Countrywide in connection with your litigation.
You are reminded that under the court's order, you are to communicate exclusively with
designated counsel for Countrywide and not with any of its employees.
John W. Amberg
John W Amberg
Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, CA 90401
(310) 576-2280
12/1 1/2008
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 22 of 35
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 23 of 35
Reg¥diog your emaa MIe. d>1ed Oe<rmbef 6. 2008. copied below. please be expIic( am provi(le the kJlliJMog details-
1) Ale yoo and 8fyan Cave registered as cvtside COUfIsel by 1he legal O<.>partmenl d BafIk 01 Americ3 al present?
Please let me !<now...mal yOOf LegalMalter NUmber ("LMN" is. which was provided 10 you by lh<l80A.legal
Oepa/tJl"lCrl? AbSCOl such identification number. or any otIiciaJ reoo<d by \he entily you claim 10 rt!jX'IlSCl1l1 must
assume your note. copied be1oN. is ftaud. as SlJI'elywoUd arry counsel reading such a deliberately ambig<JO'JS nolo.
m'
IN IU OOSES. 0UT5lOE CXlUr.se. IOUST oon_PIl>OlI ~ mou A llEPAA~ IITTQf<N;Y 1lEf0l1l0 I/lCUUllNG
SIGHflCANT F'££S OR OPENS£SONA.....1TER."""""",,, ACl\ON S££lOriG fJ( ffi.llllIlI)(AAn' R[>lW!ESOll RflJEI' SOUGHT
ON lliYf( OF A&Al:IllCA'S OCIW.f.l.«l€RTNONG Rf~;'ncwoM;A.vr¥:>N« f'OS!)lli' COHIlJCr Of NtfRl'ST' OR
MOCEOOINGYAn IH<Y...ff'fRfllt""-"'G ASl(".l.lfICN<T l£GAl.. RffiUATOIlV_ PR£C£Df.HllJll. 00 A{f'If\'AIlONAI. illS!< 10
TlJ'H(O'~
2) Is the legal Dcpolrtmentor Bank 01 America at all aw-dfe 0( II'e flaudulenl itigation you <lrc condUC\Jfl9 here undcf
their name?
J) If ool by whOSe authooiy are you al preseol engaged as "outside legal counselor CoonlJywfeic Home Loans,
Inc"7
4) If\IhaIIS the legal rO<Jfldatiorl fur your darns beloW?
5) What is "(he Court's ordd7 p1e.7ls~ be explicil..
6) CooId you please notice me or !he pi,KPOrted ·Court's order" you 3m referring to? Absenl such notice. your email
beIQw is null bul yet anolJlef fraud in lilts dIain...
7) V~1O issued sudl court order. 1Mlen. aM UIlder what <Mhorily?
8) How come the purported aJur1 ooler mfers 10 ·Counsl'! (or CountIywfM? Whal entity IS that supposed to be?
9) Y\Iho are the emplO\'ees or that undefned efltily?
10) Could yOlI please provide a list, so that I knoN....t1o I purportedly am prohibiled from crnllTlUl'"l<:a~n!l"";lh?
a. Is $ando( S3muel an EJnpIoyce of Bank of America at present?
b. Is Angelo MOlilO employee 0( 8<lnk of America at ~?
c. Is Diane Frazier employee or Bri or America at present?
d. Is Maria MclaUlin employee of Bank of America at present?
11) v.1lat is "your litigation"?
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 24 of 35
In case you refer 10 Samaan v Z~milc. please be explicit the La Svperiof Court woukl not confirm "Samaan v Zen-.'l<'
as Cali/ornia Superior Coul1 case .. and all ildica'oos are lhat l!'is is ~ "£ntefJllise Ttad<" case. engineered by
Jaa:jUeIine CQMOI and $ando( Samuels for fun and profil In sud1 case y(NI note bebH is 3llOh!r predicaled
case of intimidalionlhafassmenl of a vidimlinfoonerMtm;lIe-lllower.
12) How long do you Ihink you could qo on ~ \his fraud7
13) Do ~ represent S3ndor S;:Jmucls?
1'1) Please on behalf of SandQ( S3muels. M1enlicale C( rcpudia!p. as fraud V'C l!ndelWTiOOa lel1er daled October 26
:lOO<I. v.flidl /las been repeatedly filed in 0CIUIt flllUdtknlly mlYCjl(esented by Maria Mclaurin. Samaan.
j(~V3fZi. CW1d Pat1<s. as an Undel'Miling let\er ot QdolJer 14. 2004. ()( mid-<K1Obef 20047
15) Please on behaW or San<loc Samuels aulhenticate ()( repudiate !he Real Prooeqy f'u!dlaSC eootract. \'Alidl has
been repealedly 6led in o:JUrt nuclulenUy misrepresented trI Maria McLaurin. samaan. Keshavar2i. and P<JI1<s. as
faKed 00 October 25.2004. 5:03pm from PiJI1ts 10 ~7
16) This is almOSt lhe end of Ihe quarter, ar.d for many <XIl]lOCalions also the end of I/le 6scaI yeal. in case you ar~
reIaine(l as Wsidc counsel to any olher (X)(JlOOIte enlity. please conllIm ywr compliance"';l11 1" CFR 205
{otherwtse I<tlo'M1 as 5eaion 307 of Sart>anes-DxIey}. rclalive 10 lhe frauds perpelJaled by you• .lenna Mol<law$kY.
saodor S<Mnuels. Angeb Mozilo md Olhers. 1JI'lde( flu gU5e of Iiligalioo. and collusion wilh Terry Friedman. John
Segal. J~ine Connor ana otlefS in abuse of c:M rights under cx:Ior ofla'" 18 U.~...§.242. as well as various
predicated acts per Rioo 18 USC § 1961-1968.
Joseph Zemik
Dr lem«'.
P1e><.o 00 ~ ..... Ilc s1o\.ls d _ ...... Iinn as oo..tsidI,leqJI~ "" Q,u"lr~~ I./:J;JIl>.. h;. mroils
~by'"l"C'"Oe'wCI lloA<.d AmMc:J. 'i'd"'l""~"~ ~ In ~odl y<Ju(
~.
>*",w.1Itt'be<1l
.!oM w.
Atnbor9
1ltyanC>-<>UP
120~. $ulCe JOO
s"., MoInCa. CA !lG40 I
(310) 5711-12BO
lhos cl<lcIrOOC ~ IS from a L1W Itm. ~ may """".. ~ o r prMcrp:llrlQnroljon • _ re<JCi-,ocd 1M
~,...... emlf. please~ II> r-o """"" 10 ~ 01 "" etfCi aid ddcll: hs ~ ai'd at'f alladvro1l>
1RS CA'o.A.Y 230 Den>oul!: rl>M<Ul!~""~~bl'''''tRS."'" i>Iom1 j<lU It\3l >rrr u.s.
1W=l1a<.1dYicr ~ in Ili5 ~ (rlcU1ilg lIt'/ ilII.ldmctlbl i< AX _ _ ............ bllcusocl. and
<;;>IlIlO! be .....e<1. ""flo ~d (i) ~ ponoIIies """'" Ilc.,."",.. RcYcruc CoJc or (oJ ~.mari<etO:I a
~\OanoIho<PJ'1YlIt'/~or-~"""';".
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 25 of 35
..
'
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.
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Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 26 of 35
Page lof1
[icc 9. 200B
[Iavid J. Pasternak
J'~nna Moldawsky
Mr Pastemak. Ms Moldawsky:
I recently receivcd a Ictter describing transaction whcre some $7,000 were transferred by Mr I'astcrnak
In Ms Moldawsky. For clarification for me and for others:
I) What was the exaet identity of the entity who was providing the funds?
2) What was the exaet identity of the entity receiving the funds?
3) What was the exact rcason for the transfer of funds?
4) Why was I copicd on this transaction? was it related to me in any way?
5) Was it related in any way to Mr Sandor Samuels?
6) Was it related in any way to Judge Tcrry Friedman?
7) Was it related in any way to Judge John Segal?
8) Was it related in any way to Judge Jacqueline Connor'?
Joseph Zernik
12J1Of2008
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 27 of 35
EXHIBIT I
: ." ,:>.:.. .
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 28 of 35
Page I ofJ
December 9, 200R
Mohammad Keshavarzi
Sheppard Mullin, LLP
Mr Kcshavarzi:
You recently scnr me copy of papers you filed in court under the name of Sheppard Mullin, LLP, for
morio!) 10 establish recovery 1 scheduled for Nov 21,2008.
II No signatures were visible on my copy. [request that you forward to me copy bearing your visible
o.:iginal signatures. In case the copy you filed in court docs not bear your signatures, and you choose to
keep that paper Eled, I rcquestlhal you correct that situation expediently, othenvise please withdraw
such papers, and notiCe me accordingly.
2) Your must rci.:~nl papers again included records produced in subpoena by CountrywiJt:, which were
the core of this ligation. I complained in the past thaI suell papers constituted fraud on numerous
accounts. Such records were repeatedly fraudulently misrepresented by you as the product of fax
transmission from Victor Parks, loan broker, to Countrywide San Rafael. on Monday, October 25,2004,
5:03 pm-
3) In fact. as made clear by Ms Samaan in her dcposilion, Mr Perks had nothing to do with any of il
A nong other umpleen frauds, throughout the lransaclion in 2004, Ms Sarnaan impersonated Mr Parks in
fax. communications_ This record was no exception.
4) This record also was never received by Countrywide on the dale and time indicated above, as you
mlsrepcesented in court. In facllhe transmission that generated that fax header imprint was from
S~maan in Los Angeles to her husband in Los Angeles. 1 went through thaI issue in depth among other
0fportuoities, on august 9, 2007, in open court. .
1~/1012008
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 29 of 35
Page 20D
5) You have never provided adequate autl1entic:ltion of Ihat record when you introduced it as evidence.
and I liled for sanctions againsl you per CCP § 128.7 for filing of fraudulent records in court.
6) To avoid Ihat hearing, you scheduled in conflict another "hcaring as you fraudulently called ii, wilh
h
retired Judge O'Brien, who had no authority lit all to hold any "hearing" of any kind.
7) This court refuses to even confirm that Samaan v Zemik was ever a case of the Superior Court of
Ollifornia. Regardless, you were fully aware thaI such records were, are, and always will be fraud, and
therefore any purported order, decree, judgment, or any other outcome of such litigation was is, and
always will be null and void.
&; In the most recer\! papers you omitted lhe fraudulent trartSmittal cover sheet. Regardless, this record
is the producl of fraud, and it was in!roduced by you as part of fraudulent evidence.
9) Thc.reforc, [ requestlhat you immediately remove this record from your most recenl pending papers.
II}) Therefore. I also request that you submil a request for a !Junc P19 tunc; order:
a:l to mark all inslances where such paper appears in Ihc court file as instances of fraud.
0110 vacale all orders, decrees, judgments that were based on such fraudulent real estale contract record.
l~) Please consider this notice per CCP § 128.7 for start of Safe Harbor period.
MJ.~.J~SHA VARZi & MRJ0.ALlNQAGiO: RESPONSE REQUESTED BY WED, DEC 10,2008,
5:00PM.
II) This message is copied 10_AU Jolmj~Jn~rg and AU JeM;!. Moldawslc'l. who claims to be authorize
II) represent Countrywide Home Loans, Inc, a subsidiary of Bank of AmeriC<!. Counlrywide Home
Loans, Inc too is requested to file request in court for the withdrawal of such fraudulent records
produced by Countrywide Home Loans, Inc as part of subpoena productions that were replete with
f :"lludulcnt records, and which tried 10 entirely fabricate Samaan's fraudulent loan applications
underwriting history.
~1fR AMBERG AND M_s.Mfrl-DA WSK.Y: RESPONSE REQUESTED OY WED, DEC 10,2008,
5;OOPM.
12) This nolice IS also forwarded to Au Todd Boock, Countrywide Home Loans. Inc, who was part of
t'lClearn under Mr Samuels, WllO devised the subpoena fraud in 2006. and repeatedly provided
fraudulent responses to queslions in Meet and Confer in 2001, then claimed religious observance to void
3ppcarance in motion to compel. Mr Boock is requested to aUlhenticate Ihe rcal estate contracl record,
otherwise, 10 withdraw it from the record, and with it the entire countrywide fraudulent subpoena, and to
notice the parties and the court accordingly. Mr Book is according to Bank of America Office of
General Counscl ~h~ onl~ authorized to represent Bank of America Corporation. That office had no
record of Bryan Cave U.P as authorized to reprcscflt Bank of America in this mailer.
MRJKtO.K: RESPONSE REQUESTED BY WED, DEC 10,2008, 5:00PM.
13) This notice is also forwarded to:
M.L]',mQthy J. MayoP.Qulos-,- Executive Vice President and General Counsel
Bank of America Corporation (Bank of America)
Loo N Tryon St
HCI-OOl-56-II
Charlotte, NC 2&255
Phone: (104) 386-7484
Fax: (704) 370-3515
1211012008
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 30 of 35
Page] of]
Joseph Zernik
Fax: 80 I 998 0917
Td: 3104359107
Additional documentation, including fraud exp€rts opinion letters £.e: fraud in this litigation can
1Jl~ viewed at:
b!!Q.;/jinproRerinta.com(04- t 0-26--<10(-44-eountrvwide-fraud-underwritinq-letter.QQf
ht!Q.;/jinproperin[a. com/04 -10-26-opinion-Ietter-countrywide-vnderwriting-Ietter-oct-26-s.pdf
!JI!Q.;/Jinpro~erinra.com/04-09-07-sqmaan-s-pr~ualification-1etter.pdf
b!tp_:1JinPl..o~rinla.com(04-09-07-opinlon-letter-rraud-in-pregualificaiQn-letter-s·Rdf
b!j,Q;LJj[lpwerinla. com/04 -09- 27_-.!!~-.:W-sa maan-fraudulent-Ioan-applications-s. pdf
b)!P..Jlinproperinla.com/04-09-27-sarnaan-coullffi'Wide-fraudulent-loan-application.pdf
b!!p.,;jJi.!JQrQOOinla.com/04-09- 27 -opinion-Ietter-fraud-in -loan-aQPJLcalions-siQnature~f
i1[ffijJlnP~rinla.cQm/04-1 O-18-wire-fraud-pl.pdf
ht1P..;L/.iImro~rinla.com/04-1 0-18-9-emails-in-re-wire-fax -fraud .pdf
bttp :lli(JP.~o.p..€![lIJIQ,f9.m104-1 0-25-(auntrywide-adulterated-branch-input-exception- request~
s-llili
bi:t.Q.;l.li!:1m:!merinla.cQ.m/04-1Q·25-doc-'15-eountrywide-fraud-eontraet-record.pdf
bttP.:/linproDeJin~a.com/04-10-26·countrywide-fraudulent-u~erwriting-Ietter-s.pdf
bllilJ1lJt,proDennl3.com/06-07-10-samaan-depQsition.pdf
bt!P--11.ID.QI:Qperlnla.mm/07-02-0a-countrvwide-fraudulent-SJJbpoena-produetiQn-c-s,p4f
bnp-1li!!P~rin@mrnl06-11-09-doc-38-1-countrywide-mdaurin-false-declarations.pdf
b~1!.I}Dmperinla.com/06-11-09-d0( -38-2-<:ountrvwide.-mdaurin-false-declarations. pdf
bt!P,j1iill2roperinla.CDm/07-o6-20-bet-tzedek-web-llilg~-with-samuels·before-letter.pdf-
Samuels - the fraudster as "fraud buster" .
1211012008
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 31 of 35
EXHIBIT J
..
i
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 32 of 35
Dr_ Zernik,
As you \\leU know. the superior court's protective mcler dated July 23, 2007 ordered you to communicate exclusively
with 'Clcsigm.ted legal counsel for Countrywide. and not with any of Countrywide's employees. Following a hearing
in March 2008, the court held you in contempt of court for multiple violations of the protective order, and affirmed
that the ord,~r remains in effect. As a result of your continuing violation of the protective order, and foUowing
notice to yOLl, s:loctions of $7,500 were paid to Countrywide in November 2008. If you persist in violating the
order, we wJI exercise all available remedies, including but not limited to a new fmding of contempt and additional
sanction:;,
Cou(\trywid~ is affiliated with Bank of America. You :lre directed not to communicate wilh employees of
Couotry'.llid ~ or it... corporate affiliates. YOllr communications should be exclusively with couosel of record, Bryan
Cave LLP.
John W. Amberg
Bryan CIVC IJJ>
-----Origina: Message-----
From: joseph zClOik [mailto:jz1234S@earthlink.net]
Sent Tuesday, December 09,200810;28 AM
To: Amber~:, John W.; MoJd:nvsky,]enna L.; ~ndocsamueJs@couou:ywide.com;
samuels__sandor(.!!}Countrywide.com; angeJo_mozilo@countrywide.com; mozilo_angclo@countrywidc.com;
Irulria_McLlurin@countrywidecom; McLaurin_fTl:lria@countrywide.com
Cc: bbianco@lasuperiorcourt.org; Ted Max; Van Cleve, Petcr D.; soverton@cmda-Iaw.com; kdicarlo@cmda-
law.com; tfriedmao@lasupcnorcourt.org; jsczucleger@lasuperiorcourt.org; jaclarkc@)asupcriorcourtorg;
jdarke@.!asllpcrlol:courl.org; sczuclcgcr@lasupcriorcourt.org;jconnor@1asupcliorcourlorg;
jsegal.@bsujJcriorcourLorg
Subject: Representation of Countrywide? Countrywide Home Loans, Ioc.? Bank of America? Timely crime
notifi.cation per SECTfON 307 OF SARBANES-OXLEY, Please respond by 5:00pm on Sept 9,2007
1
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 33 of 35
Page I of 4
Dr. Zernik,
Your email is improperly addressed to employees of Countrywide and its corporate affiliate
Bank (if Ar:1erica. As I plainly advised you earlier today, not four hours before you sent this
email, you are to communicate with me or other counsel of record from Bryan Cave LLP, and
not witl-t employees of the company. Your continued refusal to comply with the terms of the
court's protective order is contemptuous and sanctionable.
John W. Amberg
Bryan:ave LLP
December 9, 2008
fvlohammad Keshavarzi
S'leppard Mullin, LLP
Mr Keshavarzi:
Y:>u recently sent me copy of papers you filed in court under the name of Sheppard Mullin, LLP,
for motion to establish recovery, scheduled for Nov 21,2008.
I) No signatures were visible on my copy. [request that you forward to me copy bearing your
visible original signatures. In case the copy you filed in court does not bear your signatures, and
y<'u choose to keep that paper filed, I request that you correct that situation expediently, otherwise
12/l1/2008
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 34 of 35
Page 2 of 4
2) Your most recent papers again included records produced in subpoena by Countrywide, which
were the core of this ligation. [ complained in the paslthat such papers constituted fraud on
rturnerous accounts. Such records were repeatedly fraudulently misrepresented by you as the
product of fax transmission from Victor Parks, loan broker, to Countrywide San Rafael, on
\1onday, October 25,2004,5:03 pm.
3) In fact, as made clear by Ms Samaan in her deposition, Mr Perks had nothing to do with any of
it. Among other umpteen frauds, throughout the transaction in 2004, Ms Samaan impersonated
1\!1r Parks in fax communications. This record was no exception.
i~) This record also was never received by Countrywide on the date and time indicated above, as
~rou misrepresented in court. In fact the transmission that generated that fax header imprint was
from Samaan in Los Angeles to her husband in Los Angeles. I went through that issue in depth
~ mong other opportunities, on august 9, 2007, in open court.
:) You have never provided adequate authentication of that record when you introduced it as
evidence. and I filed for sanctions against you per CCP §128.7 for filing of fraudulent records in
court.
6) To avoid that hearing, you scheduled in conflict another "hearing" as you fraudulently called it,
with retired Judge O'Brien, who had no authority at all to hold any "hearing" of any kind.
7) This court refuses to even contian that Samaan v Zcmik was ever a case of the Superior Court
ofCalifomia. Regardless, you were fully aware that such records were, are, and always wilt be
fiaud, and therefore any purported order, decree, jUdgment, or any other outcome of such
litigation was is, and always will be null and void.
8) In the most recent papers you omitted the fraudulent transmittal cover sheet. Regardless, this
record is the product of fraud, and it was introduced by you as part of fraudulent evidence.
9; Therefore, I request that you immediately remove this record from your most recent pending
p~lpers.
10) Therefore, I also request that you submit a request for a nunc pro tunc order:
a) to mark all instances where such paper appears in the court file as instances of fraud.
b) to vacate all orders, decrees, judgments that were based on such fraudulent real estate contract
re,;ord
J0) Please consider this notice per CCP § I28.7 for start of Safe Harbor period.
~R I\.ESHA VARZi & MR MALlNGAGIO: RESPONSE REQUESTED BY WED, DEC 10,
2008,5:00PM.
11) This message is copied to All John Amberg and Art lenna Moldawsk)', who claims to be
aUlhoril-e to represent COlilltrywide Home Loans, Inc, a subsidiary of Bank of America.
Countrywide Home Loans, Inc too is requested to file request in court for !.he withdrawal of such
fraudulent records produced by Countrywide Home Loans, Inc as part of subpoena productions
that were replete with fraudulent records, and which tried to entirely fabricate Samaan's fraudulent
loan applications underwriting history.
MR AMBERG AND MS MOLDA WSKY: RESPONSE REQUESTED BY WED, DEC 10,
12'11120i)8
Case 05-90374 Document 260-20 Filed in TXSB on 05/08/09 Page 35 of 35
Pagc 3 of4
2 1}08, 5:00PM.
U) This notice is also forwarded to Au Todd Boock, Countrywide Home Loans, Inc, who was
part of lhe tcam under Mr Samuels, who devised the subpoena fraud in 2006, and repeatedly
provided fraudulent responses to questions in Meet and Confer in 2007. then claimed religious
observance to void appearance in motion to compel. Mr Boock is requested to authenticate the
real estate contract record. otherwise, to withdraw it from the record. and with it the entire
countrywide fraudulent subpoena, and to notice the parties and the court accordingly. Mr Book is
~,cording to Bank of America Office of General Counsel the only one authorized 10 represent
Blnk of America Corporation. That office had no record of Bryan Cave LLP as authorized to
represent Bank of America in this matter.
MR BOOK: RESPONSE REQUESTED BY WED, DEC 10,2008, 5:00PM.
Jo~:eph lemik
Fax:: 801 998 0917
Tel: 3104359107
Additional documentation, including fraud experts opinion letters re: fraud in this
Iitiqation can be viewed at:
.htlg;LflopIQQerinla.comf04-10-26-doc-44-countrywide-fraud-underwriting-letteL.QQf
1211112008
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 1 of 35
Page4of4
12/1112008
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 2 of 35
E· XH····'I·
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Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 3 of 35
I\.IONNETH D. LEWIS
Chainu:ln. Chief EXi:Culiv.: Olliu:r, and Pr<:5idwt
Ihllk of Alll;:oca COI(lOr.rtion
TERESA M. URENNEll
Al'SOcialG General ('.00,=1
£lank of AI)lCfi~ C"rl'ur~liolJ
JOI) North Tr}'on SI
BOInk (If AI1\.:ric;l Corpornl0 Cc=nlcr
Ch3rl(){!c. Nonh Carolina ::':&155
Mr l",-'wis. Ms Ur<:lul<:r:
:-I~' ra.;ords show ,hnl in early I'el>ruar)' 2008. SOOll ~ncr ywr initial decision to I4kcover eo.....ll)'widc. Isaid )'ou
millen fl(llic6 d.:scribiog lh~ conduct ofColllllt')'lVidc in Clluft IIClC in los Angelcs, rclarivc 1.:llilig;lIion ill
S<U/ltlall \' amilr.. SC087400. which st.'lIttd in Oaoba 2005. and is stiil gain!!: OIl today.
Also enclosed is iJ Iett.:r III various p31ties. please accepl il as Mdn~ JlCrSOn;l/ly to you willi the demand [0<
iml nooial': aclKJll 10 mitigal~ damages, 10 ~fc:guard Illy civil rights, 10 ttlurn my nome 00 nil' possession, 10 SlOp
111)' har.lssmcnt by Countrywide, and fOr compensation for harm 10 me hy Couritry"';;lko.
P1Cll:;\l inulled/nrcly. bu\ flO l;ucr thall friday, ()C'Ccnlbcr 12,2006, 5:00pm infcmlll1c of youc decision in lhis
regard
) &-JL
JO":l'h Zcmik
• CWlltI)'\~idc h= c\.::n{}\CS CoulltT)wide fillallCial Ct>rpVralioll (<:Fe) and all its subsidiaries;md affiliates.
joilldy :lfIdlor scw:rdlly.
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 4 of 35
PRESS RELEASE
~
Who's in Conlrol? Countrywide's Involvement in a Dubious los Angeles
Superior Court Cas!! Continues even after Takeover by Bank of America;
U.S. Department of Justice has loleldle<1 the runaway LA court in the
past 8 yeal';;, and thousands (7) are falsely imprisoned by the same
court for over a decade ...
Sul>1ltlc
Defendant calls (or the highest priority aclion by the Obama administration
regarding the collapsed justice system ofLos Ango/es county..•
Boor
Slll"8~11 " lcmtk siems hom a dispule over a real estate lranSOClion, entered b'tlhe
panies in 2004!or plJfchase of Zernill's Beverly Hiffs residence by S3maan. "She waSil
straw boyer, .:md everything starting willI lIer Pro.qua/ifiCiJlion Llllle( and her Loan
Applkatiolls Bnd con/ifluing in !he tOll/suil /118/ was fJod a year fa{cr was part of 8/1
elaborate scriE>S 01 frauds.• stales Zemik. Indeed. an os>iMln k.-1ter by nationally
acclaimed fraud e~peet Robert Meister shows thallhe signatures on boUl the
pcequalilicationletler and ttIa loan application!> were forged. Claims aJ such fraud and
other instances of fraud by Samaan. by Counlrylllide. and by the LA Superior Court.
were made b'f Zetllik in court papers throughout the ~tigation Regardless. on ~ugust 9.
2007 Judge JaCQue~ne Connor - best known tar derailing the Ramp",rt trial in 2000 -
held a summary Judgment healing, and rendered summary judgment in ':Nor of
Samaan lernik was requiled 10 se1llhe ptopeety 10 Samaao lor over S1.8 miUion.
Howcver. to Ihis ddte. thai judgment has lIe\Ier been entered. "Judge Connor and
Samaa"'s colJnseI (Sheppard Mullin) engaged n 3 convoIuled lraud regarding t/Ie erl.ry
01 the iudgment Therefote.there was never a valid e/fectualjudgment In this case" A
caw wilb no jUdgment leaves Zemik exposed 10 unimding I~ation.
"Had f/1J3re been a valid cnlore<i jtJdgmenr dalms Zemilt '11 wooId have been the
touOllation 01 Paslernak's appointment." IlKtead. COUll IransClip!s show that while
claiming 10 appoint Pasternak Rece(ver for ~ion 01 the judgmenl, oelthet judge
Segal nor counsel lor Samaan recognized 1M judgmenl <IS vartd. Accon1ingly, the
judgment was n!We( rclClenced as the legal basis tor lhe appoinimenl. neilller was any
seclion of the code. "Judge Soga/8TId Sam8311's rounsc{ in c;oIIusioo witll pasr~mak;
Issued, but nevQr emored, a fraudulenf appoinrmenl oldct'. says Zemik'"liad 1Iif!f9 been
a valid jUdgment and a valJd 9ppoilllmcnl PBs/ernak ,,'ould have tssued a Writ of
ExoclJtioo, and \\lith t/lal. ho oould h9v8 (If00 0 genuine !Jmrt/ deed. AIId had this fJccn a
log/timare lransfcr 01 Mia by 1116 court, P8sremak I'<OUId have given me /he momlY no
la/or tllan 30 days trom tire dale d!he sale. as required by taw.
Zemi~ had moved out In November W07, as was his plan ever since 2004, bul also
ufldel lhreat 01 usa of IOlce by Judge S~al and Da1/ld PaslemaJ(. Samaan beg<ll'
Ottupying tho ZClllik's residence in'December 200.,. later, Zemik found out that
or
Pastemak f~ed a fraudulent grant d~ 1riIosferriog the ownefShip property to
Samaan. James Wedick, a veleran FBI agent and acclaimed fraud expect (beSt Mown
for his r()(e inlfle probe where ~x members d Congress were found gui!ty or laking
bribes in i981l. confirmed the fraud In lhe eKecu!ioll of the gIant deed by David
Pasternak. plllpOrledty on behalf of the lA Superiol Court
In lale January 2008. since he had 001 received any proceeds from the purported
escrow. Zernill brought a motion (01" the COUll to <!istribv(e 10 him lis equllywhidl
purportedly was het<l by Pasternak following the sale or the property \0 Samaan. Judge
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 5 of 35
Friedman denied the motion and ios:rucled Zernik never 10 bnng such motion again or
fa~ sanclions.
In court papers Zenll1l daims lnat !he elaborate GOUrt fraud in this CJlSe was based on
fr.wdutent reoxds produCed by Countrywide, where Samaao's husband VIas a '10M
OIiginator. lodeed Counlrywi<le has feg.Jlal1y appeall!d in this C35e - represented by Blyan
Cave. UP. In papers r~e<l in court. Countrywide roo1inely 'efelred 10 ilsell as 'Non·Parry. but
the court inlen:!langeably designated COOIltlywide as 'P1aintirr, 'Ocfent:fDllf, '/nieNOflOI',
·Cross·Defendallr. and nl()(e. 'Ftaud in eootlby Coontl'f'oYide is nol unlJSUal at tJlr dams
Zernil< "(( was lheir roufinc all over Ihe U.S. TlI9 only unique (cam hero \"las f/le ooIJusion
IY/ tho coutI. Judgo FIiOOmJII lhilJiJlencd to filj me if f ask his friend S;xldY {Sanda Sllmllols
- formelty Chiefl.egal OffICer 01 CounltyVlide und proskJcnr 01 Bet T20d0kJ anyllling dbo/,r
Ihis (rooer. Indeed. a 72 page March 2006opillion by U.S, District Court in Texas Judge
80hme rebu1<eIl Coun~'s JegaI pradices in his court, and in courts around the U.S.
Since July 2008, CounlI)Wide no longer cxim as an iodepen<lenl enlity Control of
Coootrywide is now by Bank of Amecic:a, /ollcNIi1l9 a J 3nU3Iy 2008 slodlll'l:lll<e! era sh of tile
Countrywide share, prompted by exposure of as legal practices in a Pcnnsylvallia court.
'Whatfook place in 1J.e PClUlsytvania COIH1 is a rilicfs p!<r/ ill ~ .says Zemik, 'And
it is not clear al aIllhat Banle of America even k/IO\'13 wliat CoonlrywKJa is doitlfJ in Los
Angeles, even lOOa.,. AI. proscnl. Bryan Cave. LLP refuses 10 dis.cIosc v.OOm they represent.
'.hKlgo Tcl/)' Friedman i=red a froodulenl nOIice 10£ a NrJVembcr 21, 2008 prococding.
I'them flo OOI1ecated Counltytvide's patliq>alion. Too is ,/0 o1cePlioo: says lema<'Judge
C0I1JJO{ Slid Judgo Scgal did jusllll!) same. TlIeIP. is no Wily 10 ellfJ/aiI, Ulis as amlQ COtJIt
case" says 2emk "Docs TcrryFrfedman,llilYIHulass;gnmcnlOltler? Docshe /laVe any
MII/()(I7y in Ute cast: al all? Ard for /hill maller, did Judge ~ hava an assignment 0fd0I'?
Did JucJga Co(l/lO{ have ono? Was IIIe November 21, 20081lOOcc, iSS/Jf!d in (lie fI8fOO 0/
Cleric Clarlre 9118u/hcn(ic Superior Court fIOlice? (s IfIe case as a whole, efluo case 01 tfIf)
California SuporiOr Court system? How Is Che COOT( allOwed 10 derry me lor Iho fourtJr)ll!ar in
<I row ooccss /0 my own litigation maxrJs? How could Samaan flo papers for '''e
November 2' hearing, b~ designafed 'Posl-judgm&nl Marioll', wilen noither she nor /he
COIIrt havo .Bver acJ<J1OWIedge<J /fJq August 9, 2007 ft.rdgmenl? Tho Presiding J~ 0/'
or
tile Cpurl, (he Clerk /lIe LA Sup6rior Court. '(lleir in-hOuse eClomeys·and Ibe oufSldc
-counsel (ooy f9laine<1 are refusing 1o !IflSWflrany questions mg8tdini1lJiis caso (or hall.a
year flOW. The CQurt is 'taking tho Fifth•.." Indeed. both l/le Reglsll!i r:i AclioIls. and also
the online Case Summary indicate thai judgment in this case is stiI pending.
'In(ac~ ilis 8fI Enterpnso-fmck case' says lemik'fI teIIec/sCQlTlJ()lionoflflecivl1 dh-lsioo of
I.A SuperiorCoort lIlat is rhemirrorifrl8l]CofrotTlJ(llionof/hQ Climina/dikiofl cfocCllTlonlad iii
groal dotai In Iho Rampart =ndaI iIrv&Sli;Ta/iofls. How cooII1 anyOOdy e1fJCd 61lyfOOg else?
.Uis /he sallie judges aIIer aiL 'todee<l. tho protagOlllst - Jacquerltle CoMer - is ()(le and
Ire same il both cases. The Blue Ribbon Report oIlhe Ramparl scandal (July 2006),
~tIOY.'ed lhallhose WhO were confiImed innocerl in the initial Rampart scanOal inves69aoon
by the I30ard of lnquiry (l998·20001. OOthad ~ falsely OOIIvii:tOO aad ~ed by the
LA Superior Court. were still falsely imprisoned in 2006. M:>s! likely IIley number in1he
U1ousands, and some of them also had coofessionsexlJaded l/lrouglllOl1uro. Such CrlToes
'M..'fe C3Iled 'heinous', and 'charocfcrisfu 0/ /lie most ~ diclalors all(} pdice
slates'" '. Bullhe 2006 report described in !Yeat details that lAPD. OA pmseal.<xs, aad LA
Superiof" Court Judges were bloOQog lhe release ollh<: victims 01 such aimes (or almost a
-OO<:ade.
'The LA C<Junty &rporior Gout! is srill holding lIxJusands of poopla falsely imprisOfllJlf
concludes Zemik 'Most of Illem /lre likely 1o be blad< and minotilies. II undermines any
Claim of legitimacy by government iIl/his countJy. The flOW adminislraliOll must not leI
lhis stBfldr
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 6 of 35
FOOTNOrrJi:
Couf1IJywi<lo />ere dCOOleS C~""'~ finantial Cc:><ponl"",- Inc. and .rty af\d ~I its SllbW,3""S MIl
.ll'''~. ioWtr ~Ol~.
AI '''"'fl'noM
INJkNIS, ~ <XJurt ,etIOtCIs and etxTOS~will> "81 MId US DOJ can be
lound at~. l.i1I~d llclow .". com<! 01 Vie <ll(!dliceyfQfef~.
Ef\""n~t1nsl<y.lo<l.Iy O'.... J<ome l.:aw S<Mol.in: ~l GfJiIt1Pr.>d 121. 2000
REfEMNCES:
I) ~~Jdgc-!.Qc!\=$(dI No"'lmb.!f)ll, 2000
letlot IIy dole"""".Z",,'k ./1 ,,",si<!in9 Judge ~ and C1el'< Clartft oJ LA SupMof C<lIJrt
2) !'AA·~.comAI1·'2·17~e<-ir.M2·in<)!j!nl4"""<·f.fXll WaClic:n aD"""" loa.,
r<:
i'ulemak', Go';,nt Deed.
3) hlW!~f OOCl!!J!4ml~!rnj!j.;n1YS.<llJa~f>c;lI~·SP<lf Mci>1~·. op;'\ion
Ieuet" ro: S;wnalW\'6'~ 1el1er.
4) hllp~:c0riyQ4!J9.Z7:OJlkjon:k1f!!'-9Yd=!fHo~tl!t-S m' M&lef,
Ofllnlon 1cUe, iA re: ~lia oiIl Samuri's lain tppkallc:M ';';I'''~.
S) !!IIlrll!npmpmjj!~7j1os;-10'1IjIllIHO~!!:i!l;llJQ!!fIl!\S-i,ptJ(
Celalll!<l ",,,icw
orrr8lJlblnSliJlil*'·"~~M!'~.rdrecXffl.fllediltl·S.OiWidCo<nt.
6) M!l~ciIIj!I04-I~~~1etl6'=9d16.!p;JI
MeWct6 ojJinloillOll&til\.re: hud n ~ "~)olli:t.·
1) h:!I>'II!n!l!llDM<!l? !jO!IIII):!-lD-2S-<j""....Xo!!!ryWm... ;>pd=<On\r>;d.-:onl (ld! u.s. Dislllcl c.....
Uno oleSailIng Iho h\IClln ~'I 'oal o.,\;\1e CCJRn:CllOCOrd.
II) "IlP;JMpfQoc<\!BwmIllH~~'!Jlyd:t.!!!lc!wrili!)Q~~ U.S.Oi:llrio It
Cowl IiIing do~ IMh"" inCO~o·s~t9lcuet.
9) "\lpA~.oom!07~&lIll!er=orntJl!l'l"""""'ClMQ""'l\l1 pdl Ao9u<l9.
2007 .ludgmenl bV Judgo Com«. ~ d bill ~ onl<1e<l..... t ~"'9 oroe, ,11;],
~ ~ ll1t b.1sb fur"", bud by It>c eoutt.
10/ ~j01a·.tQ!!II03'w48-(lQ!\Q!'f.,Iiopl:U?5l¥!r...H lIdl CorrclllOOd= ""'" FBI.nd
U.S. D.ePl~I~
11) h!Ip:(~.rJl!l!l!1l'l(iil(")'!'~>A-0G;934~"9Hud9"'ml~H!!9'9't:!9!lttH p<J1
PteSIding ~c reflj~w answcrl'eB.-.nM9 c:lliSlet1Ol> offui;lgm<infMl (~y Zl-J!liltl-
121 h!!Q1M~.comi«HlO9O!l:JUHtffllls!er1if-fdions.~II·I{cet1i!it~
HrM:ml!e< ·Y4. 2OOlIflf1li"'" 01 Adio~s IIl.Sama.tit y lJm-JJr(SC(Xl74WJ
lJI N!p·(~~'1HIk;~.,=Wt!!l!P'Y"pqi H~tJo.:2QOaCa~S<J",m"'Y'"
S...."".n Y 20"'" (SC«J7400)
14) 1!!Jp;!.le~:OO-G!m(iaf1-b1ue~n~il3(101·2OOG:f!oot1.11!1l Blue Ribbon
Repon of 2006. "'''~ 1llI! (.nun, to ,elu,"" hlsa fakd)' imptisooed kl LA CD<JnIY as p"rI 01
Ihc Rampar1~.
CONTACT:
Or Jooep/llomil<
Tel; 310 43S:9107
Ern",\; jl.1ZJ.4'>@;-eMliinlulCl
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 7 of 35
r\Qgdcs Sl,pcrj(,r Court, 4) ThollS3nd:; of innocent ~Ofllc f.'\lscly ill1Jlrj~oned in Los Angeles County.
California.
I am ill\ unrcl'r.:scntcd ullhidu;)l. l"ili;r.cnoflllC Unilro S'~I"~. r,,~idclIl oflh~'C\Jumr orLo.< Anl;dc:;. CJlilomi:t.
I>"ril~ 11", period rdevanll" C\'l:tl15 d<;S(t:ib.:d \l<:klw I \<'<1.> aho a =idelll of till: city ofl3e~ly Hills.
..... I3rkf(h.."nolo:!v nr org3Rizcd uime acti',ns und« (he guise of LA Superior COdn 3elloa.'.
Since Q£lQ1Jg 2005 I h,wc 1Jo:n scverely alxc;.:d and ha135:;ed under the guise of lilig.ltioll in ~ Cali l(jnlia
Superior Coun in .<ianIOWI \' umik (SCOS?400) ill S<!nlll Moni<"i~ Ctlifomia. I ~ \"C bcClI repc;llcdly calkd 10
app.:.1r in court; roy nonn~llirc routin.::; "I:« cnlird>' undcnnincd; II~, ...¢ b<cn forced 10 ~tld Iargc sums of
money 011 tegal expenses; and I h....," occn foro..'(\ 10 spend most of my da}'s slud~'illg 100 law and various \1th",
fields lOr my own defense.
In NOVMlbcr 2007 j·\\'as dnva\ oul ofmy home. Ihe prop<:rty lis\i;l,\300ve. ill Oc\ul}' [tills, under the lhreat of
violCIICl; by John S¢J;'Il. £IIclcllding 10 acl as:1 judge OrUte Superior Court. 3IId AU O;l\'id ra.~ICfnak (fol11K.-r
pn:sidcnt-Iiousc of Justice· Ilet T7..:dck) pn:lcOOi"t 1\1 ~(l as aCoult otli=, whik both k,lew<l1I along that Ih~'
"'\:fC acting with 110 ilulhorily at alt, OUI of complinnce and in violatioll oflhd~t\'.
Sometime io laIc 1\9vanbcr 2001 ,\lll';l~temak eunul1iucd ti.'If'C<:d ent....· into 1"" J1CO~rty alld "1001: PV>~OI1"
on" with no leg;)l foundation al all.
(" O(<:glIbe1' 2001 Alf rasternak subjecwd lily propcny 10 liaudlllcn! COIl\"CY:UlCo: of line' • and ~dN 10
collect s<lIll<: monks in exclJ:lflb'C (or the property frool Nilfic Samaall. and l\.'ef1illg tit<' funds 10 hinlSdf, w;lllllo
legal fOUlIJ.~liol\:1I all,
Whrn Ilfled 10 Siand for Illy rights, 1 was purportedly found in <.:otllanpl of til(; court; t purportctlly had 5:lr1Clions
Illlhe lens ofl\1QlL<::ll\dsofdoll2lS $ct uport me: 11m<! g:.g oro~purportcdly inljJOSL'd upon Ole - foc \he 1lI:ncftl of
latge corporations - Couotrywick. Old Republic Titl!; alld United Title.. throu~ll c.~ parte proeecdings..
On Jull' 6.l.QQl.lWlIS subjCCled 10 lhc!i1Sl ofsucll procedur~ _. nliliaJed by Countlywide. md held inarork
courtroom in \he Los Angcl.:s Superior Cour1 by Judg~ JaC{jucliltc C0O!1ol"(8cst known fordeQi,li!1g Ille Fir.;t
R.ampan Trial in 2000), offlhe calendar and on' the nmnl,
In No\'P-ll!~2OO1.1 md II fr.wdulcnl Rcccivcr-All David Pas(cm:lk appoimcd 11J1<ln me by JudgoJohn
Segal, through another shamlcgal proa:cding. wid, 4..<Jay Clotice. .. All Pll.'>lcmak wus pllrported Iy vested by Joh"
~l wilh untimile>d flOwers to abllSC <lnd harass, deriving his aUlll>rily from neither a judgment lIOf any sc:clioo
ofthc California code BC)ood 1110 theti ofmy propcrtY JlUfTlOl1cdly on behalf of the CoUlt, Au rasttfllBk
r",udulenlly incum.'d me with h\ll1drWsoflhousands 0(doIl3(3 ill tlx liahilit;e'!, sino: he COllCClcdlhc fllli
pro<=J.~oflhc sale. ilIId dcfemd tile paynlCllI Ofl3XCS-
On Dc=nhcr 7. 2007 t \vas subjected to a~thcr ~x p3J1e prou.-dllr\: tor!,'ag unJc.rs, this lime irtilin[(jj by All
£'astmlJl!;., for lhe benefit ofl\·!ara Escrow and Unil~-d Tille..
In fcbrua:v200,t I "'3..~ fraudulcnlly I.hrest.cncd wilhjail,rime by .tudgc Terry Fricdmnn, Irying 10 Pl':\'~fl\ no:.
from exposing tl~ rr.lUd in Countrywide involvement in Ihis case.
,t
I receiv.:d death thn:31s coo pie oflinlt, th~ flr.>\ -in Mmh 2007 • whcul !l1Cillcd III(Jrmcr senior I41dcr1\rilel of
OlUIIlrywide ill March 2007, which Coorllrywidedid not W1Illt Il1C 10 ever Ioc3la...
Why~
By No~cmbcr·~ber 2006 ( figured outlhe I\IIIUfC of It-c COC1dudofSbcppanl Mullj~. fCJlI=ting Nivic
Sanuun, sufficicudy weU. 10 1II1dersta11d 111011. thcy \\-.:re fabricating fraodolau clai.ms agaire;t me. In collusion with
Judge Jllcqudlne Connor and COllAtrrwid~ they were 1in:I=ly (oHing to ddfalJd me O'Jt ofmy furneund.:r
the guise of kgdl action in Ihc Los Angeles Supc:tior COurt.
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 9 of 35
• P"ge3l1
I had flQ ooctgJound an<loo lom,al traioil\l; in lhe la\\', a:onomics, b:mking or 0\0111)31,'<: lending. ~nd Y~l by
J:IJlU:llY 2001, I 1igun.'<I out llu: b\lsil\C,~ 1I10dd OfCoUllllywid;: 3Ild the mluc.: of Angela MO/ilo an<! Sandor
SlImucls' fr.lUdulcnl conduct sufficie01()' wcllihalililed complainls willllhc Hli. Jlld Ihen also wilh llankinJ:
R~ublOrs such as Ollicc onllrifi Supervision 611<1 OfflCc('fFnkr,,' Tr.llk Coouni!iSion. 1claimed thai
CoW\tf}"idc,~ iovo!\'cd ill n\;L,"~i,'c If;,lId againsl lhc U.S. Govemmenl nnd lhe .'\lHcri,'all lax·~aycr.
By M.~ I \w..s able In come up wilh inilial rough co,1i"\llICo". ",hid. iJNIicaled poICillinlli.:lhilily I\) 1hc IJ.S.
C,o\,crnlllwl in the hundreds of hillilJl1s ofdollar; (in I1-'IroSPOCI .;\ C(lJlscrv;tli,'c estinlale). I also "'fIlle3 series of
operilellctS 10 Ihe Hoard ofOirl:aON of Ill\> House of JUIlitc - Bet Tudck. I wantcllocm th.,l an organizalion
that f1'J~s tll be the "House ofJustice· nllL'>! flC\'er allow Sudor S2mucls 10 ~ Ihc I'r~idcnl ofilS flaard of
DirulOl". I wnmcd Iholl lhat he was pcrronally inmlwd in fraud :l~nst mc. and Ihaltens 01" thousands of
families WOtlld loose IOOr "ames as it rL'SU11 of his business activities (in n:trospcd •. ;J conscc....ili,e e5timalc). nel
T zalck Boan:! of Dit'IXtors IICl:cr rcspond<:d to my alarming messages. 0(( CouAtry",i!! e, SandDr S:tmuels, and
Aogd<l M<raJo did. TIleY ICL1incd 8<)'111 CllVC. LLP, 10 harass inc,lo rctlliiate agail\51 m~.lo ;ntilllidalc Ill¢, an<!
·\0 supeevi;;c Ihe pcn'tt'iion ofjllstice lUIdel' [he guise o f1iligali on inllle Los Antelcs Superior Court.
On Jul" 6, 2001 5UCI. t:lIl1p;Ub'O was initiated with an cx parle llp~IlCC • lor a t"l; mtlcr "f--;lim\ me in lhe dnri:
courtroom of Judge JlICquclin<: Connor, woo n:m.,in~d in d\amhcr,;· 1l0,,11CfC 10 ~ sccn - wilh TlO recognizable
e1en: oflhe court in lI11cndiltl<:e.
By mid- 2001 and 0101'\: SO by dlC b.:ginning or~ 1 ttg\ln-d oulthc ~it ICSS model of d«: lA,s An~clr:s
Superior Coun wfticiclIlly ""lI111ll1 Iundtmood that SomCJ<VI "umiJ: (SC087-100). in f:lCl never W·.!S a lrue
-c:l.<>e oflh~ SllpcriorCourt ortlle St:lleofCalifomia, bu! inslca.d. a case oflJle '·ERtC"(lri.~c Tr.. ck" of die Los
Angeles Counly judiciary. d~ignatcd as such by Judgc Ja~li"" Connocevcn bcfo~ Ih.: complainl w.tS filed.
I g/3Jlully learned nlore about Suslain, (he Los Angeles Superior Comt's tOlnpulCf systcm, reaJi7jng Ihal. such
system was quintessential (or lite opc::r.llions ofllie fItleq:risc io the fonn it·is IllJJIirCSlcd llIday. This system was
p.J"OCUl"I:d and inslalled.around 1935, out of Compli31\Cl! and in violalion of the law, by a company by the $3I1le oe
sirnHor name (Sus\llin or Snst.,incd). which is solely controlkd by die Oail)' Journal, the lilfgcst IcgaI nr..~pcr
in los Angles,lt fad·that is aJl{lillrolly unn:rogniZtXI ill the ~ c.onunUlli1y. ,\round (he same limc.·thc
.Honorable RoIU\Id GeQrge. today alief JustJce ofdlc Califon,ia Supreme Court. held variou.o;lcadcrship
jJosiliOflS in lhc LoS Angeles Supclioe Court..
U. Uc)'ol1d Rol Esluto.Fraods - the R:lmran Scaudal
In recenl months. I tried 10 beIler underStand the scope ofope:rdlions of tile En ICrpri.q beyond ~ C$lalc and
oilier lili{'~lion fralJds. and the uniqvc posiliolt or Judge Jacqueline Connor relll1ivc to orsanited crirne in '-!Js
Angdes. I studial tI.: hisll)ly ofulC RSfIII'IJrt sonlbl (1998·2000);cuphemistically rwncd the Rarn~rt·A~
.COITu(ltitln Incident TIlC Blue Ribbon Revic\~' Panel report (July 200G~ makes it abundantly't1ca.r th:?t the
activilies clwactL'Tislic of drJt sqmdal \\"cre never limiled 10 Ih<~ Rampl\l1 area. 1UlIl WCIC and probably ~ill arc
endemic, 1\01 an isofallX! illddCl\l. al all.
fUIIIl(XlT1on:,l SOOR rcaJil.tO wh.u.thc R1i1lng03l Wa5 of the allthor, oflhJt rqXIll.: first - III dOClDncnl _mallllc)"
C<llIcd \lIe "subm/t 0/ criminality to/MuM in tilt ril"h- of the LA Counly jUSlitt systC11l- and scccllld,lO
00cun101! how such justi.:.: syStem is preven1ing the I':ICiISC from loog·lcrnllabc imprisonmctlt ofdte thousands
of ~'e. who were tqJenlooly confirmed by seva31 successive itl\~tigation rommillL"eS as inllOCCllt but fr.lmal.
f.v.:n today, ten years 3RCf the scaodal was CJ(posW, nobody kOO\V31hc C),-aCt scope ofiL
Erwin Chelllcrin.sl.)', (00)' fOWldingDcan, Irvin<: Law School,-&scribcd ilalreadyin joOO as foll()\V~:
•AflY analysis Of ll\e R3Iflpart scandal muslbegin wilh an apprecialion of the heinous f13l1Jre
of whalthe officers did. Th,,~ 000<100 as50dated wilh \he moslreplossivodiclalocs and
potice stales.•
And David Barebam, Dean o(the Loyola li:w
SchOQ~ with Ciltherlne Frsk wrote in 2000:
..../tJdgCs lsi«! :l!\d wilenOcd a &lag~riI1g n\llllQer of peoIJle for C{WneS ~ .dit11lllt CQl1lI\it.
How could so many parlio'panb in the aiminal ~stire sysiem ha...e faae;l eiU\e4" to leoogoiXe
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 10 of 35
C. 'llle court's CIl;<e m:magem<:1lt <v<ren, U Ike w"lJIilll! 1001 of the ~:nlr.tJlri~.
My reading ofthc lllUl' Ribbon Review Panel i; Ihaltlle panel. like all invcsligalion ':\lInlllitlces before ii,
<lad Ii ke Ihe pUblic al Il\rg~ in I.A Counl}'. were denied accc.s~ to pul>lic r.;oords lh~1 an: lh~ nooh of Courts
(If I.A COlHUY Superior Coun. Such public: Records. arc (rilie.. l fl,1flhc S3rcguard of tile inlcgnly o[tI..:
COllets, Howcver. such Book of Court arc sine<: 198> implcmclliro in SU~lain.;md oO'limilS to the pubic - ~
mass-SC<I11l routine and cuntinLlOlls abuse ofcivil righlS of all who livc in lA\ Cnunly, by the L,\ u>URly
Cault itself. Such abuse iSloleral«! by the US. Oepartment ofJusliee. who fails 10 perform ils duties
1abo believe lhal dlC Iacl\ ofa=s 10 such (lUblic AAUr1h is a main '~',l<Iicap ill 1110; opcrollions oftlte otrt<:C of til<:
O,,=r of eivil righls in Lh. U.s. Judge Gal)' fcc;;s, app<>inloo 1'Url."U&11 to Ille COI1SCtlI Dccrc:e of2oo I. My
reading of tile reports ',"15 that by 1O<M ho was trying. l/llSUC~=fully 10 establish access 1.0 such dlIla ~l'iC:i. and
his dcmullds ignored by the LA COlllII.)' justice sySlcm. Nccdl~ 10 S<\y.1 believe 11~'1 IIle Ow:r.>ccr, in his se\'en
) ' = in offICe, never frlXd c,'cu one sit\gk persoIl of the Ihollsaoo.~ ,,'ho lire r~lsd~ imprisoned,
l1lCrefOfc. Ihe lailure oftllt: u.s. ~It of Justice to l'll(on:.r Ihe b.'lSic civil Ii:;ht for llooks ofCow1thal an:
Public Rt'\:ortls. free for the public {o inspoctMd 10 ropy,also pnillls U.S. law Cl\f~ asencics 3S impolCOl
in LA County - sina: they =tnOI cnl1>rcc tllC CoIlSC'lI 0 = thai '''l.',lhe outcomc oflhe yidding ofll'H: City of
LA IV lile U.S, Government in 2001.
TllC ~ ilCli(ln-lake-o\'CI"Oroolllrol oflllC loA CoIlllty Superior Ont's coolfllJkcs by rcda31 Ar.~ l~ a
rctati,-d)' s~llple task. It was pr:tCli¢od repea~ly in m:t:nllnoolhs nn)~ the U~. Govcnommt ~ o.v<:r BIIy nlAjur
fuiling financial insIitutioo. Surely lhcreore llf\ils fully prqxln:d in I')qxlruncnl oftlte Treasury. II is an operation 11\.'1
CUll>.: 3.l:l:ompli>llOl! ovanight...at minitnal risk and cost. ilI1d with major posilivcinlp3Cl 011 the liiCofind;\'iduaJ and
Ih~ ",leonl'" in LA Qlunl)'.
P. Un:UlSlfcrM QU!;Stions
I) LA Supall/rQluft
I !lave been denied D= 10 my own litigation rcoonIs in SustIln Ulloughoul dlis pwpol1cd litigalion, alld t hoW
thai ftad i bcenallowtd aa:css 10 SuSiain, rtQf\eoF-itcould ever have Mllpcncd.
SmoeJunc2008. U,cofflCC ofPreidingJiidseofthe lus Angck:s Superior Coul1, Stephen Cml~,<r has been
~rl15ing, to an5\wr the simpl~t qu~:stio~:
Is S~maan " 2:crnlk (Sdl87400) a true caseoCtbe Califomia 5ul'<:<;(II" COLlrt?
7711: simplest DlU'Ij'U wollid haw ~m to,arlo,," flI~ OCCCfS tWoug!. Smlour ro tht! S()(Jb of
C(lurl, rile fndaoj-..mCll5es. Corc"dnr o/(],c COl:rlS. ctc. That is s.ld/ denicJ.
• Is there or isn'l there lln entered. effedu:lI AUI: 9, ZOO7 Judgment in S~m:un ,. Zernil<?
f war robbedolmy 'IOI1lC purportedl)' pursI'{lnt Ie.> .1U<.-IljudgmeiJt. n,lt il is obvious (filii no
Sitch ''(IUd effCCl':djudgmCnJ I!Xi.lli.
Is 1IICN.' Of isn'l tben :tjudgc dulyassigncd 10 SantUII v Z.emik ?
Judge 1eny FrlcdlrrU1l:>6f/ holds the file. and IXJIlfjmm-llis rucketCl!rilfgjronJ 1l1~ IN!nclt
]) Martin Berg- Daily Jaumo', ansi RortaJd George - Osie{Justic;: oftIre OJ1ifomia S~rmJe Collrt
Mr Martin Ikrg. Edilor of the IbU)'.Journlll.lIl1d the HOt1()("'3.blc Ronald G~~c. Chief 1llSlicc, C.,tilOmia
Supl"C1ne CQuit, have failed 10 respond as well. The qu<:stioos <Jdd~ 10 IDcm was Uld·'s:
• Wbat wlW'1.1 your role in the dtSign; instaU31ioct. malfikrWu:t or Swtainlll LA Superior Court?
Do you bold the operation ofSIlSWIl"us seen today, in compliaR«l with tb~ hlw?
• 00 rOll consider.ltat II po..blic disclosure 011 rour p.'ut in dils matkr i'i required?
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 11 of 35
ll.q;f\rllfC$S of (he rondllct of lite l>istlict At(orllty. was lI,,:rc{/S there ;In)' justirlCltion for tlte rcfUs:l1
ofttie (kycr1)' Hills "olice ()cpllrtment to Jlrol~l mc in lhi~ al.Sc!
• Would the Mll~'or:lnd aty Council faNe immediate action to cORlpcl llie police 10 perform its dillies
and '(lnlvicle n:(lort of its il\vcstig~tion as soon lIS possible?
6) Bit T~'itkk -tile /lollse OfJustice
TIm:e oftht individual.t who pla)'l'd centr.l1rolc:s ill this 5101)' of real cstaIc liaOO. held Ihe highcSl ~i!iof\5 in [kt
Tzo:Iek: S3odorS3mucis - famlCl' presidellt, David raslcrnak - fmmcr pfl:.Sidcnl. Terry FricdmSll- fQ{ltlcI
e.><ealli\,<: dir.:dnr, Together tile}' can Ix! ~n lIS a rcprCS¢lliatioll of the type of""idc.spre.td roauptioo thai
un<!crrnines tIH: jUSlice system in Los Angel~ County -oolklsion of corrupl oorporate 1~a1 counsels, comspt
atlomcys in private prae:tio; and c.unupljudsc:s.
• Woald Bet lUdek rtspUnd lind iDfonu me rtgllrding uy infernal prOCt'dure for dispute
rcsoltruon? '
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 12 of 35
Eo The ;culle !tOll cosl of !be prolJlCIlI -orgnnilcd crime in 2'" ctntun'
Ahu,!: of ci\"il righls in Lo~ An~ch:s Count)' is on a scale lhal is beyond cOIlJprchl.:nsion. 'flle ()n'~' I'·d~· 10
Gllionil.li7.l: the siluation. is that 1.05 Angeles County \\"3.' abandon~ by 'lhe U.S. Govcml1lcll\. Federal
agenclcs loS{ conuol to lhe EllIerprisc.
Suo;h cllnditiollS must nOI be allowed 10 persist. lllC ~;t of Ihis Enterprise 10 societ~· ill $outhclIl Califonlia
a'td the economy of the U"ited Swcs i~ prohibilive. lllC elllllrgCllee ofCoonlry\~idc as i\ .:orrupl
organi7A11iQn 0111(1111<: sub.prime crisis Ihal folltkwed. could 0',>1 h.-we taken place had il l~lIl'lctn for ll~
!:cl\cf;l'izcd,lj-au(J·rriCloJl}',l:rillle~nni<;si\·t: cOl\di(ioo.e~l3bli5hcd in LA Counly by lloe Enl~rpri:iC .....nd
Ibe cosllo the IJ.S. ccunom~' oflhe sut>-pri"lc crisis alone is jtlthc Irilliol\S ofdollars.
nlis CiI~e shows J,.dgc Jacqudinc Connor. rcpl'-'S<:nting CQlTupl govemmenl, aslhe c01ltrolling party in "
joint elTon of SllndlJr S:lmll~h: aud Countrywide - a romlpt mega cOlpontiol\, small lime pt'IClllioners ur
while colbe crime such a.~ Nh·'e S~m"an, Jae Arre Lloyd, and Viclor P:lrks, facilil.:lted by large la'" limls
such il.~Sllepp:lrd Mullin 3nd I3ryan C:u'c, LU'. And in the (ace <lfsueh onsla~hl ofa froud machinery,
JIll olher>; yield and join Iht winners in a frenzy of fr4\1ds: lawyers. escrow, r;:gi!>lrarfrtcorder, rC:lllofl', ~nd
e()II.~Ufl1er banks.
11\i$ j, lite lrue f,lee ororganized crirne in the 2'" CClllury i"I.,\ CounlY. c.~lirorni:l. 11~ t:oll.~oor.llion of
Victor Parks, .lac An, Llop.l and Cuunlrywide in their fmud ab",insllhe U.S. Govcflllllefll in submission
of l<l.ln applie:llions. ,....., eoonlin;lIcd lllrough Ihe computer .ld',,)rks of Pacific Mor~;Igc Consultants.
:\Oct the OI~ga frdud ofCoonlrywidc ils.:lf - ill IIl1dcmTiling ofunwo<th}'lonn applicatiollS.. was
maSlconindcd by Edgc - o.llIl1lrywidc·s underwriliilg monitoring s')'stcm, which in Ihi~ = \Vas seen
opcr.8ling OJ, the oIJOOlll1agc system for violation of banL:ing regulations. And the ovcrall coordinalion of
Ihis consortium of criUle \\'a::> cxertcrl tmough minutc onlces produced in Suslnin tile Superior Court's case
mana2cITlCIlI syslem, provided by Ihe froe prcss...thc Dally.Journlll.
And facing 5ueh maS5ivt powCf, United Title, M:ua Escrow, Coldwell BQII\.:er and Michael f.ibow. and
USC Un;lln, aoo t~c office of RegistrarlReeonlcT, AU Charles Cummings, Atllachary Schorr,lIf1d An
:Thamas Brawn,:l1I gave in, hoping to get some of the Cl\Imbs.
Jacqueline Connor der~ilcd the First Ramp3l1lrinl in 2000. in public defiance of tile ruk: of law and 1I1C
power or the U.S. Government. Rcspon:;c ofth<: U.S. OOVCllltllCIl1 was illlldcq1l8fC and simpl), nOrl~!('Slcnl.
The Con.<.cnl Dccccc formulaled under the walch of Akjllndro Mayorkas. thell U.s. Attorney for Celllr.ll
Distrit,1 ufCalifomia. falS(:l)' fl\lllhc blamc enlirdy on lhe LArD, nnd \cRlhc LA Superior Court fr.:c 10
rontinue lhc wrongs. Thereforc, ineffectual offICe oflllC Oversc:cr "'lIS.made ccr1ain. As a (esult.local
branched 1)f U.S. agencies are po\\'crtess in LA loday againSl th<: EUIcrf'rlse
fl, froposert Solutions:
Solution must COniC by way of Ihe U.S. GovCIlI01Cnl.
Wilh help from Ihc coorageous Honorable Diallc Feinstein. Sell:tlor, and Ihl! Honorable Oil'oC WSts0n,
ConCre""sWOlnlln. I Jlfcssed the fo"IU 31ld US l)l:()srtfltenl of Justice 10 lake i1clion. I argll<:d lhatlhc
minimal, mo~t effective way 10 approach this Situalion is to enforce CommOfll:awJFirst Amendmefl\ righls
in Los AltgefcsCoullty. fWrsu:llll to Ni.mll". Jl'umcrC"mfllllll;catiflllS. tnc" J15 US. 589 (/978) where lhe
u.s. Suprell": Court affimw:d "'he comlUoII·lo\\' righilD in.~p«r and cop)'juwcioJ ncords·. los Angeles
Cow It) i~ unique. II~, in Ihe United St.1t...-s ill concealing tho Books of Court - the Index of At! Cases, the
Calendar of Ihe Courts, the RcgislCfS of Actions, and (he 800k of Joogments. I bclicV'e lh:u such a simple
step as :sei/jng lhe compu(er syslem of the court lIIld opening it for public 3CCCSS, as required by law, for the
first time in over a quartc.r of CClItUry.• would be sufficienl to cffi:ct a major change in the -adminis1f<ltion of
juStice in LA Counly. rrr>t and foremosl-to the fl~ins oflhase falsely imprisooOO.
I also ftJcd a prow~1 with the !udiC,aJ:y CoPlmi[tc:es of lite Hol1$C llIle Senale, and with 1h.e·U.S.
DepanmeOl of Justice pertajnil\~ to computefS orth~ ~ in theUnil~ Staics, mcanl io ensure !hat stltb
pmblems arc not seen in any COUr1In lhiS'Ctlunlly again.
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 13 of 35
loscph Zcrnik
• COpies of the gcatll deed, ptQ<locIxj by Nt Oav\;j Paslema!l.lotm« p:llSidootot Hoosool Justice,.. Bet Tz.edek.
putpOCle<ty a;lptOVCd by Iho LA SUperior Coult. endtl1efl ~ il theo/fia) offUr,jislt<lt1ReQ)((Ief. C<lIlbovfel'lI:d at
~~!;U:"lMl7-12·11~-Ie1fe.--bvd!HJmi>!~~
The fraud in w;h &di6ns't>'a5 conlWr'Md by an qJitWJn lclferolVell:tiln Fat ~~ J<lme$ Wcdid\. COOImende<! bv the U.S.
Congress. 1hc O.S. AlfOOlO'f General. and the Offi;lor of It>e fBI. for his COI\\fibuliQo to ~"'9 pl.Jbli; <:oovplion in
CaliO<1"i3 gOlle1TVT1et1l
cc:
jnmes \Vedic!;.
Judiciary COlI\miuu; urlhe U.s. Ilolise of Rcprc:;crtauws
Judiciary COtnl11iuec oflhc U.S. SCl13~
Ollice of President Eleel
OlTtce or Vi(I: PresKklll E1ec!
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 14 of 35
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Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 15 of 35
I
F
To: MAYOPOULOS
Company:
Fax.: 17043703515
-'tESSAGE ..
PLEASE SEE An'cHEO
WWW.ffAX.COl\l
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 16 of 35
-lliE JUOGMENf WAS SET ANO THE BOOKS WERE OPENEO~ Oaniel7:tO
Dccernber9.2008
Mohammad Keihavar/i
Shepp:lll! Mull in, U.P
Mr Kcshav.mj:
You fl:CenUyscnt meoopyo( p<Jpei"S}OO tiled inooutt uoderthe nameofS~epparU Mullin, lLP. for
motion to cs!llblish recovcry, scheduled for·Nov 21, W08.
tOO19ge0917 MjE.02
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 17 of 35
original signatures. In case !.he oopyyou filed in lXlurt does not bear your signatures, and you choose to
keep that pa per riled, 1 requrst th."1t)OO correct thatsituation expediently, otherwise please witlldnw
~;uch papers, and notice me:lo::ordingly.
2} Your mast reomt papers :again included records produced in subpoena by CountIywide, which were
the 000.: of this Iitiglltion. ( wrnplai ned in the past that sucll papers oonstiLUurl f'<lUd on null1Cn:os
aC()jUnts. Such rea:mis \wre repeatedJyfr.mdulcntly misrep~nted by you as the prodlld of fax
tmnsmission from Victor Parks,loan broker, to Countrywide S,ln Rafad. on Monday, October '25.
2004,5~o3pm.
3) (n fud:,as made clear by w..s Samaan in herde!X'Sition. Me Perk-> had nothing to do with3l1yofit.
Amongothenunptocn frand:., throughouttnc transaction in?O04. Ms samaan impersonated Mr Parks
in fax communications. This record \,..as nocxo::plion.
~)This rcoordalso was newr ["(l()ei\'cdby CountJywide on the &teand time indicatmabove, i:\:)YOU
misrepresented in aXllt In r,ad the mnsmission ulat generated that fax header imprint was from
Samaan in Los Angeles to her husband in Losl\.ngeles. I v.'Cnlthrough th<lt issue in depth among other
opportunities. on august 9. 21)07. in openoourt.
5) You have nt\"ef provided a1oqu;ltc authcntkation ofthat record when }UU introduced it ascvidence.
and [flIed forsanctionsagaillst}QU per<rP 128.7 for filingoffraudulcnt l\.'COrds in court.
6) To avoid that hearing, you scheduled in conillct auot:her"hl:<Hing" as)QU fraudutentlycalled it, with
rcLiredJuds<= O'Brien, who had no au thoril}' at all to hold any ·heari~· of any kin<l
7) This cou rt refuses to even ,:onfinn that Samaan v Zernil:: was ~r a case of the SuperiorCollrt of
Califomi'L Regardless,)QU were fully aware tllat such recon:is were, arc, andalw3)'s will be fraud, aI\d
thetdore any purported older, deuce. judgment, or anyothcr outromc ofsuch litigation ....-as is, and
always will be null iUld void.
8} In the m<X>t recent papers }QU omittcd.liIc fraudulent tJansmillid oovcr sheet. Rcgardlcss, this
l'COJrd is the productoffruud, <lnd it was in!roduaxl by you as (Mrto! fraudulcntevidcnce.
10) Pleasewnsider this notice ~o:;p 128.7 for start ofSafe Harbor period.
;JR Kf.SHAV~l1NC'.AGfQ:R.E.SPONSE REQUESTED BY WED, DEC 10, 2008,
yooPM. .
11) This mess:agc ismpied lDAttJohn Ambe{gandAttJeoD3 Moldav.s!<y. who claims lD reauthorize tu
represent Counhywidc Home Loans, Inc, asu~di,atyo!BankQrAroerica. ())untIywide Home Loans,
Inc too is requ.C!.1Ed lD file ro.:Iucst in~urtfbr the withd.Iawal Of SLi.ch fraudulent reootds ptndurei by
Countl}'wid~ HomelDans, Incas ,P3It of subpoena ~uctioffithatm:.re rcpJerewith fraudul~~
.records, and which tried tocntircl.)' fabricate 5amaan's fraudulentloan applications unde1Writing
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 18 of 35
December 9. 2OJ8
hi<;tory.
MRAMHI'.RG ANp MS MOLD1\.WSK'(: RESPONSE REQUESTED BY WEO, DEC 10, 2008,
5: 00PM.
12) This notice is also forwarded to 6.U Todd Iloocl<, Coontrywide Home Loans. Inc, y...'ho VIas part of
the "'am ullt.ler Mr Samuels, whoda'isal thesubpoena froiud in 2006. and ~tOOJy pro\'ided
fr.luduJent response,; to questions in Mectand O>nfc:r in 2007. then claimed. religious obsctvancc to
mid a ppllard IKe in motion to compel. Mr Boock is reque;ted liJ authenticate the real estate oontracl
lUXlrr.l, olhcrwist:, to withdra,';il from the rcwrd, and \\iLh it th" entire oountIywide fraudulent
~'Ubpocna. and Lo notice the parties and theoourt aamdinl;ly. MrBook isao::ortlingto Bankor
Ivnerica Office oCGeneraJ Q)t1nse1 the on!yooe authoriud to represent BanKof Ahlelicl Corporation.
That office had no ['CO)rd of Hf}'iln OlYe 1.LP as authori7.<rl to represent Bank ofAmerica in this matter.
M.FJKX)]S: RFSPONSE REQUFSrnn BY WED, DEC 10, 2008, 5:00PM.
Joscph~mik
Pax: 8019980917
Tel: JIO 4:159107
la;:lI~17
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 19 of 35
Cecember 9, 2~ ". ..
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Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 20 of 35
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Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 21 of 35
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Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 22 of 35
KEITH BANKS
l'cY;Sident, Global Weallh &.lnvesaneo! M~c:nl, Bank of Amcrlca Cocpolatioo
Risk &. Capilal CoouniuC<! and Manag.:ment Opetaline CDovnittec
JOEL. PRICE
OUcfrlJlallciai Offucr. Bank of America Corpomtioo
R.Uk & Capi~1 and Management Operating Coovni«ecs
TERESA M. BRENNER
Associ:llC General 0ltJnse1
WILLIAM J. MOSTYl>!.!lI
Deputy Genaal Counsel
and Coq>Or.llc ~
R£: Roquest (01" immediate iotervention and curbillg ofSandol" &imueb. Ttme is oCUie ($$er\u!
Sir. Madam:
My recocds show !hat in early february 2008, Isent cad1 ofyou Ii certilied letter, lnfOlltlin8 you ofmy abuse at
lhe hands ofCoootywide, prior to your tlkcoVCl". J Q(p<:dl;d lhat foUowillg tho tak:c over lIl)' abuse wooId be
stoppod. This is the fDUl1h year that 13Il1 the subjoctoC Wuse by CounIrywide. It Sllrtcd 00 5eplonber 2004
wlwn Nivic 8amMn prc:salllxI me mth l frAudulmt prcxlU4!ifleation letler, then filed hudu/enJ.loan applications
.....1th Countrywide, wbileeog-aging throughoolll1e transae:tioo in wUd.fn fraud agaiml me an agaiJ\st
CoUtltrywide (but in ooUu.siQ<l wilh BrMch M~ Maria Mclaurin) by itnpetSOO8iing a loan b"*er - Viet/)(
f'SIh In £ax c.ooununications:
htIp:Jr~nlll~{J7~):jl@~on-kttoc·o4f
hrrpir~a.co~.o1-opinion..fd1U.fiwd.j!\:iKt!.1!1ali6g.i9l8d1a-sJlC!f
http:JrlD!)[Qj)Crilllll.ooMl+9N7-<foo.-.W-5IlIllaIIfI.fraudulen[·Joan.appli~
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 23 of 35
• Page 2Al
hltp1JiTP'9pcrln[i1.c0m/04.09-27-<lp!nkln-k:tter-~i;"ioan-'applicatioos:§ip;na!utO:S.pdf
h!lpJlinKopcrin!a.<<lI!!!O+OO-27:Mr1Ua1l<9\lTlll'yWidc=fraJJduJent-101ll\-8!!(1lication.pdf
Iinp:lJioproperin!a.cqmJ(H-10-14-<:OUl1tryWitle-mderwri1ing-!@-s.pdf
hkJrl!1!J!YPClin1a..comfG.i.-1 O-18-2-smails·in-re-wi(Q.fll)(·/imxl,p<Jl
The lfans;u:l.ioo never outcriaJi2Of as a (t$ull or such frauds. BUI S;tm~ Mclaurin. and othas led a bade·up
plan - to ob<ain !he property tivouCh B. COIJft fiaud••
A totally new histoJy was invented for the loan applications, in 8 fll'OCtSS that Involved Maria MtLawin - Breru;h
MAnager, Nivie Samaan - Borrower, Via« Parlcs -Loan Broker, Moluxnmad K~'Mli (Sheppard MuUinJ -
counsel. aM. he Arre Lloyd - the MW behind \he scheme. MAria. McLamn provided fJaudulmt dccIarations,
end the lc8a1 Divi!IDn p'ovilkd liaudulcnl su~ ofdocuments:
!!!!nt~n1aconY.OH~i11b ... 112..ooc.38-Q)uptrywidQ.rn&lamll-fulse-dt;el8ratioos.P-2f
~l!9' 25~ Nivie Sanwn, a straw bllYer, WI1<l tailed 10 gel her fraudulllSIt 10lIfI applications app«lIIed.
sued me ror Spcx;illc p~ or damages. The Iiaudulcal. claims in the complaint were cntircly msdc up.
But nobody in his or her right mind would have Illed such oomplafnf, unless she knew fully well, how 10 rolW:d
with the 0Sh1 ju~ and that that Counttywide, lit all levels would Support 5uch an endeavor. In short. review of
the C3SC is liuly to bd to the conclU5ion that samean Iud coosulled witl1100ge Connor evtrl bef~ filing the
complainl
Similarly, Ille con<Jue;t ofBrym ca~ l.lP. and Shcppacd Mullin indicate:! that they too ialow exaetly v.t.at lbcy
WClC doine. and \YCl'C fully c:oocdinal<Jd wi1h !he judges. In shott - a civil cowt system, wtUch just like jtg ~ the
crimifllJl court system in l.os Angl:1e~. is ~ntircl)' c.omJPl MOfcova-,1 hold !hat such a sysltm was part afthc
infrastTuctvre lhal. allowed <Mm\l)'Wid.; and !he !l\Il}-prime aisis to fully develop in Southern CalIfornia.
I) In D~()(!mJJa1006 -I WsCtNer the (rtJJUl ill OU/ltMF1LkmbpMntl pf'Ol!Ju;tiJm, and SO<M a{tn (h1Il - thaL
iJ war a c£rtup(OrgrmirJrtWII Ctlonlinau: o¢vl!r, llIIi lrrdJkn/o/ >19''
9fan buIMdual
I was nolsupposcrl to know any afit. 111 fiKt, I oeverhad8JIY business with Countrywide, and did nolevOl
rOCO{?liz.e lhf, name. But in Novtmbcr 2006 I got suspicious that my COUll3cl for a YeM and a half, Otsrles
Cwnmi~. was dishOOCSl, 8Jld in Occanb<.lf20061 wen110 his offio; Bod llSkOO to ~ew lbe disawt1)' file:;
(since I had 1\0 la'QwIOOge of1he Iaw,l did not lind eny use for readiClg die legal p1eadint3). Within 15-30
minUleS 1reali7.l!d Itu4 Courrtrywille, amoltgage lender _ colluding.with SNua.m in -p-oducing fuwdttlent
~ lIIld thaI my oowtsel did no( tell me any of it. Eventually ~offi:m1 1M a $25,000 fees walVtt to ~ve hi~
office.
A mnple OfCoWllrywide SIJbpo<:na (one ofS. almost idcntic:al, all ino;/uding ~ li1wdulent roooros), C:l1I be
S«lI at
ht1p:lrUlprO~nlll..comI07-m..o8-oJuntrywjdc. fraudulent-subpoclla:p!9duetioo-e-s..p<!(
In ~bet 2006 J st1rle<J by Cll.lling the Legal DiviSion, the Olstodian of Rr.cords, the Attorneys - Todd Boock
and liIlJ;:I'San!on:l Shatz, IlJld the San Ra.facl Branch Managu· Maria McLaurin. Pretty tast it I»:amc obvious
thttil \m not aC85eofone person, e.g, the BranchManllgCf, who mislead the attoa:leyS. 1[lS(ead, Ibc pk;tlft that
~ was UliLl halfa)'cur or a yw: earlier, bcfOcc I even knew lha lll1IIle Cowlllywide, I was tiIrgtUd f« real
estate ~ 8Ild !hey all worked as a v.dl reheaJ3ed team in ~ucin8lhe fraudulentsubpoena rcuxds to support
Sam1III1l'S fnwduknt clAims.. The OOfIlIcdion was that her husband, Jae Ane Uoyd, apparently acareer whit<:
colbr crime expeJ't, was a Mioan origlnaW' for San Rafael Branch.
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 24 of 35
Dooambor 4, 200&
Obviously ~y Ml5 hidillg a malerial witness in this case ofe«pomte Iiood 0(1 a gnmd scale.
Frazier's rontac t informatiOJl was and sli II is:
4329 Gloria Ct
Rohnen Park., CA 94918
(701).5&6-1479
-I) AftL~ WMUd (0' MtnikJ's IZJld SIuttUds' lulp in s!l>pplng t1t~ (laUd H'm' Idt IUJCI!!Sl'H:ffl!, IZJld
C-""ntrywUk's fraJUI ,te«dr ~ t1t~ (DlUfdtdion o{S<vn4gn's fraudufm/lfgeatitm.
Some ofth8 records that YlefC OOviolIDy frauduleat, and secvtd as the focndation for the fiDudulenl claims by
Samaan~e:
a) Ulldc.",.riting uUcr d. ted O«ober 26, 1004, ~ich Colllll.lywid( llOd Ssmaan fraud\lIcnlly rqnsetltcxI
ill 00lJ1 as II valid I.lIlderv.Tilin Jctta- dated Odobcr 14,2004. In ftItt. it wa3 neYCt" part of the true loan
application file. That record with some expIwtoly maIaiaI can be viewed ~
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 25 of 35
• Pngo4lO Ocalmbef4,2000
~:IrI!lPromririlil.eontl04-(~26-d~IlIl!ryl!idt-ftllud.ulldtn'lri~.pdr
By now, my MSeltion o(fnIud reletive 10 the dllting of litis teCOfd il: :dso suppoc1ffl by the opinion leiter of
n8liOlUllly ~laimed 6il.ud specialist:
http:/L!'!Q!opcrinb.('()11I/04-'6-1f.opini6n~~r-<oualryWid~ndtnnilillr:-ktt~l6-s.pdf
b) Copy of 8 rt31 t::Wltc OOll(rad that was the product of fill tnlasmb!lIoR marked as of Oc:t 2S 2004,
5:0Jpm_
None DC the rewnh was ever authenti<:alcd. and in Chis casc, the recol'd WJ.S liatduJa\t!y reprcscnttd as
faxej from loan Broker Parlcs to Cou1tJywide ~ the time indkaled above. In wx, lit that time it WllS
faxed from Samaan to her husband Lloyd. a5 part of Il. coowIUllXI fWwire fraud schcroe agaimt a
finllnc.ial institutioo, but in collusioo with the BnmclJ Manager - Maria Mctaurin- In faa.. most of !he
records in Sarnaan's loan fill: that bear an unidttuified fax haldcr impcillt bcl<mt 10 dlatscheme..Thcy are
mllCle III appeal" as if ch<:y anivllll 81 CowlIrywidc 81 1tw lime from Parts. B lit 10 fact, SIIIIlIlIII was
~ P1Irh in filK commlll\~ons during dw whole period, aM the lime ~ tIlesc ROOrds
arrived in Counll'yWide (by email, IIOl by fax) was IJ1\JCh Wt (WI:cl:s late.- ll! times). All oflhis was of
~ in violation of "sound banking principles" lIIld Ikgulttloa B of the Federal ltC5CfVC. fqr
C1I:3mple, judging by the Undefwri(ing ~ !he l"CCOfd in 2) above, was !lOt part of the tollll
AppliQllion file evtll by N2vtnlber J. 2001_
1k =1 estlle ronmct rrmrd C<Yl be viewed at:
hltp:IfU\(lropcrinla.comJQ4.IO-2~5<oaDtrywid~rtaud~lllnlet-n>eonl.pdf
By March 2001 i 8lso sent the fin( Ienm, dlltd1y to SaOOor Samuels and Angelo Mozilo, as the two iOOivWluaIs
m whom the integJity of the OpaRtions..as most cbrly vested. and ~ I~ they Buthcnti~ or JqlUdiatc
some oftile moot clearly fraLXlullll'll rcoonIs.. They neva rc:spooded. end the Lq:;d Divi~ioll ~ ~ in
manipulation to avoid en honest atl complete prodllCtiOl\ Por I:lI:3mple - the lega.I Division decidaI that email
wen: excmp(..• and Judge JacqudineCoonoc(bestlcnown for derailing the RamparttrlaJ in '2000. which led to the
appoiollncnt of a civil rights <:>venter for Los ~es). cut Itly discovery time ,holt
By Junlt 2007.1 found out that Me SlIUluels was the Pretidalt oca dlaril)' that goc;:; by the mtlne "House of
lwtice", and that he wtIS advertising on Ih<:: v,,:h a eatTIpllign ~ frauds
lbal advat1'>OllCllt can be vieM:d at
http://illproperinb.coml07~29:bd.tzcdek·,,cb-pagts-w''ll8mumodf
Thcrtfore, by !!le fyr.a, 2007 I follo..,.cd up on the ~ in the adv~ lldi aseaJ brown evelopc in
the offices ofBd TT.edek eddr~ to:
SBndor Samucls
President oflhc Board
BdTzcdck
Pusonalllnd CoafcdeotiaL
In lhe envelope (left a letter, with copies ora couple oflhc fraUd ICl:Ol"ds listro above, and llSlco1 tIl2I be help stao
tlY: but agaill..<;t me by eithel: ~~ Ofrepud~ the reooros as filieIy ~ in coon.
The response was switl The: web sil<: of Bet T2xdok disappcuml wilhin 48 ~ and a wed<: or so taler, wilen it
~ thac was IlO tnee of 5.1muels and his CllIIlpaig,n I(:8inst fiaud in it anymore. The wOO ~te was
3du!IIIy en olden=ioll trom 2005:
bttp:Jrmprop¢nb.r0mi07~1Q.ooun~et..(udd(4il~f
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 26 of 35
Dealmbet 4, 200S
At the same time, Angelo Mozilo also had a web site in whim hcannollllOed his commitment to kaud ~ULtioo,
nnd thai. he o~ a 1An Fraud Hot Line. I tried 10 cal I llulliro numerOUS times. to fIX \0 Mozilo, ete. But the
never got My nlSpQl1SC, and wbcn r tried 10 follow up. it tumed oUl that my (cUtIS, fax,"" always disappeared.
r thell dccide:d 10 email dicectlytobolhMoziloandS..muds.ldid not know Ihtir eroail address. but [COM1CUClCd
it in aaordance with !he SYJICL'C of other email addresses in Countrywide.
5) Ju!r 2()(J 1- glUt o{rdb.llrdJon. haNlSSIlIbtt. mu/ ~ut: jfbus~ o(mv civil righq hv CO~{ /9' CountryIflW~
- 1l/')IQ"Arn;UP
The response was swi ft.:
On Jllly ), 2:OQ1, I rcoxivod the first ~ of many. Irom ktIl\a Motd.'IV~ and JObo Amberg, (Bl"JlIn C...e,
LLP) IIfId I Y{,I5 told to appe8T on h!ly 6.2007 for 3Il ex perle Application by CountIywide for 8 Protectiv.: O«l«,
which was n) Not 3.llowod at that tim~. since olSCOVay bad a1rea.dy been ~inatb:l. and b) Was a not so vdlod
cover for a gae order agairn( me..
nul only much laler, I realiwl that die procedure I.W'S conducted when the CoottofJudge Connor was uda!k",
both ligllnItivcly and lilen1ly. there W1lJ 110 derlc prc:sad, an then: was no other person thett for court business bot
us. In short - it was a pillCOOl1rC ofT the rwxd and off !he caI~4Ar.
Judge Connor did llQt award the n:q~ gag orda 011 tmt day, or ~ I w.u told. Judge Coonoc w.u nevef 10 be
$Cal. /\ p=oo I have never seen befOl'e or after came out 10 rdl us the ~ No rnin.ute onIer was issued
for that prooxlwe in Ihc paper CQ\JIt file, and ill ~ seaWvc LA Superior Court ClOIlljlIllCfS systems it ~ written
with Ih<: CUllllmllt NProcedur~ IIf}( ncor4ed':
Months lalCr. lNholl &:mllllded that Bryan Cave, lLP, expllill how sudl proccdwe was schec!uJed, out of
eootpIiallCe 8Il in violation of the law. end in severe atmc ormy civil rights, the only response [ go( was lJlsL
llolhing improper was dolle.
6) ~ as.swnd a status ~ ~ /a" itl 1M lAs A"Cdes Sry!uitw CQlln rPiJII purnisribn 10 mgrrt:~
III crimiIItJJ C9n.d=t with 1M. bl=i!!C o[11tL QJut1 itrel/
Judge Coonor ofher own volition scheduled aJIOIho:c Ilcarin& fO{ Julv 23.'JJJ07lo continued !hat request. and she
allowed Counrrywide CD re·file anew ~~ sinoe the filstOlle WIIS soOlllrag!lOOSly abusiV'Cthal sb: probably
felt uncomfQttlblc with it at all But she never sr:t a deadline for CoUDQywlde to file the new moving papa;.
while !JIe dld set ade8dlineOll me fur luly 12,2007. AIlbceod r n:afux:d thatlhc~TOOving papClSWt:l"e S(Ot
by email..ontheevcnin£ofJulyll.2007.lootic:eda~OI\myt.mail tb3l.a luge J13Ckagccoold not be
delivered.
In court Judge CoIl/lOC" stated that she \.\UIIld sign a pIOIC<;tive order f« CounllyWide, but in fiIct, II"ICnhs later,
v..1la1 fo~ the firsl time I was aJlowtd to a = the Cowt file, IlelI1iZJ:d !hal she never issued sud!. an ortler, on the
contral)',:!he dclibetal(;!y rcwrded deni.aI ofthe J>roposOO OnIcn ofCounlrywide.
ill Los Angeles Superior Court - neither I nor my COImd were aJlowod any aooe:ss or arty notioe of llIly COOlt file
paper.! for almost 2 years. I was allowed 1.0 ~ some oft!le court fi~ for Ihc IlI'S1 time ooIy in-August 2001. ahn<m
two years since the start of litigation, and day prior to 5UIIlID<1L)' judgmmt batriag, ba3ed ()II fraudulent
Countl)wide reo:lfd3. To this vay <lay I am IIOt allowed (0 inspa:t lheoompula oourt file in this case, in
violation of the California Court Rll\es, and me law of CafrfomiA IIIId lhe Uo.ilo1 States.
The bric idea was Ulat 1 ~ not allowol to lISle Colnrywlde uything about the fraud they were papetratirrg
against me. (W/IS also detlied the right !Xl tile rompufsnly fund claims against Countrywide in Coonor's rouit.ln
fad lolhb very date, it is IIOt dear what Countywide status YilIS in 1b3t CO\Xt
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 27 of 35
7) In a sates d{[roJJJis I.ry chi! Sgnuurn. Countryw!dt; and the Court, I war d~ ofmv horw:
a) StlJ1uk ofFrauds Fraud
Samaan fi1<:d heT oomplainl. in Oclobcr 7.005 with 1\0 coornct in il On hrnuary 30. 2OQ7. J~ Connor ovcnuJod
my dcmwrer 01\ statute of fuwds.
In Iatt>Jyly '2007, Ove/ Q ycar8l1d a half lata- she allowed SamUllIO en~ B5 evidelIa; forthc tirst time!. tho
C()l\b"act 4e.\1cribed above, which was only prodoo;d by eoontrywidc. and no Olhcr PQltY, as lhc ool1tT1!Ct th31 was
!he ~bjca of the litigation. in Reply briefto SUIIIIm1}' judgrnoll. molion by Sama.an.
lJ) FlTUldufmt SutrfInlU)' Judgtnenl Hwlng
On Augusl 9, 2fXrl Judge Connor pUl'pOltlXlly heard a mOOOll (01" SUllllIIaI)' judgment. The standud of
adjl.k1lcatiOll in such motion iJ ftull the finding is required of"nD 4/spUl4bk materiolfadS w• At the lime of the
hearing.11uId OIl dlC coon oUcrular Cot Scp( 10,2007, ahI!aring 011 SlUlCtioos ag&nst Sheppard M~lin CXlunscl,
forkoowingly tiling in court tho fraudulent tecords tiom Countrywide, sudlllS the • 'og ldkrofOc;t 26,
2004. mislepr~ lIS of OCt 14, 2004. BAd the contract mi5l:q)KSCnlcd as arriving Countl)'Widc on ()c( 25,
2o<M. Obviously the v«y COle filets in this case wae OlSpulable.
c) EnJry ofJut!gmolt Fraud
On August 9 2007 Judge Cooror retldered a judgmelll for specific perfoononoo to pel me to sdJ Ihe property
fO ~ for a pOoc Uwt Cllceroed mlldct value, aoo
with 00 allomey fees lO be poi • The Judgment can Ix
viewed 31:
http:lrlllproperin 'il.WCIII\)1-48.{)9..iudl'Jll¢ll~ing-5UmlllllJY·iudgJ! t-s.
But it wes clear to me fO( fllQIIlhs by fhal tim.; that the litigation ~ erordy Ii2ud, Ii A to Z. II was aI50 clw
\0 me. ba:led on ru!ld~ • tlQ1 the target was my equity money. and 1he11he roethod speci1ic pafoonanoe for
a couple ofreasons:
I. Derived from equity 00IlJ1s, it dQe3 not R:qUice a jury biaJ. mal<il'lg fr6ud
u. GM:n its unique 1UIure, the uecution ~= the escrow pr0c:es5 to by the coun.
In the lIlOIllh lhal roUo~ 1udge Cowt9f ~ in fraud rclalivc 11) themby-ofthe "ll<fgmctJt. She neva
*"
enlered the j~nt, but tried to lll2.ke II1e JeCO<d coovoluled as ~bte 00 that Why she: never entered
the judsmcm? f have some good i&as. Ho..... oould she do it? It i, easy wbeo Uti are never allO\.ved to see
the ooort =ords, ag i, the CZS<' in the LA Superior Coott.
d) Appo(ntm.mtoffraJUiJJknl"Escrow Rqoa"-Judge O'Srlm
On A!.!gust ;m. ?f)Q1. in ~ 00<Jl\ Judge Connor 5lll1(x:\ th8t she WJS going to is3uc:
escrow refm:e. 10 opon court, by !hat knowing bet liaLrl mutincs, I a.sh:d Judge
issue an order that was in CDllIpliMce with the law. On lhe transcript she stBtod that
Tha-eli:ln; w1r:o the rcfmx:contactcd me; [demanded lhal the.mrcc prcsr:nt bIs
Shepp.vd Mullin and &mw.n wuc noticed by tile oourt, but I \WS nr.ver aJlowed 10
referee, 8 rclirod judge pr=lJ:d foc the fuwld4linn ofhis a.uthority <:an be seen at:
http1/joproperinl;t.l:OOl!97-9'J-07-'looen±p!!pers-s.pdf
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 28 of 35
• Pilll6 7J<j
[was amazed at the eoopmtioo ofretired Judge O'Sritn in sudI a fraud. But he. was I detctrcd, and coolinue
his obstruction oonduet Ulltil early <Xtobef, when he ~igncd.
t) A ~of afraudulatl "Ree.enu· -SaMO' &muds'frknd-
By now.lb; file moval to Jtdge Segal, wilh 00 assignmml Otder, allu ludge Allan almost a month
s1kr ~ the CIlse with 00 ~ order, recalled his ~long letm dose pmbnaJ ,/mdrhip wbJI ih~ chi4
legal olftar/0/ CtJantrywikJ" lIlId recuscrl.
AU Kesllavani (Sheppard Mullin) and the court lhc:tl c()lllincJy blllll\~ IDe for my obj
rclatieve to the JlUlPOl1aI cl\ccution orllle judgmentthlll was IlOl acknowledged as a
e.g.-ludgeO'Omn wu ~pn:sealcdwith Ihejudgmeol forel(ccotion.
Ju6go Setal and All Kcshavani that gave II four day notice fa" II. hctuing on ap' of rraiva 00
November9,1OO7. When tsaw!he movingpapecs I sent a1ll\Olice tIllI11 coosidered tyCl aoother fraud. The
order appointing receiver nover rcftlcnced My section of tile rode as the basis fur his tOOt)', he was 1101
Icquired to execute \he judgment, which was not refcrenecd either. And Kes!llIVllI7i .n fulUdulClldy replao'Jd
the Illdgment with the Order Granting Summary JudglDttlt in is moving p;tpefS.
The moving ~ and tile ordc< can be S«J1 at .
hl!P~I49I!1t08-06-2+Yhibils-voI-v-@eivfflP.::·
f) Fuf11tU' UIW: by Pas1unok. (1trtJrt qfuu off/)f~ tq ditpM:fm mt; lUI
t1JIr.
The ooler lIjlpointing n:reivec never included the jUdgment Had the execution beel judgment, the court WBS
obligated by law to disllibule to mc my equity within JO days. SiJUX. there was no rei c¢ OIl the judgment.. tfle
rourtcould no( ~9. Wri!of E.x=mon, ~!OO"did it issut.:lft AbrtrlctorJudgmen Instc:ild. dlc 0QIlrt rcliM 00
~ forward fraud..
On Novemlxr 21. 2007 - David Pastarek: and JaJdgc John Setal lhnl2Jaled me with offoo;c if Idid not
Y.I:3le the property. But lIu:y could !lOt issue an Unla.wful DellJiner, s~ they wuul 001 rely on the IudSJ1Wll
1 WIlS c:xhalrned, and 1bOO a plaa: lImt WllS Iall1V&lCd roc lIll: for sever.d moolhs fillill ready, I finally did what I
WlItl'",oo to do since 2004 - and lMvrxl closer to my office.
Ifllale Nov<:mber 2007 David Paswmak furcibly entered !he pI"OjlC(t)'.
On ~ 7. 2007, l was subj~ to two additional abusive ex part procedures
Escrow lind TrtIe rompanics. The: CUUlt WlIS in the prooc:ss oC pcrpc:tIeting real estate
expta.ined (hal well ~ to escrow,l1tat lhe escrow officer refused to ~ .
dcvisal by An David PastwW, ilia II dooe fiicnd ofM! Samuels was several-fold:
a) Gag onl= on 1M, 10 prevent pro!llClOO spoocl1l defms.e of self. b) an indmrity
escrow, 8\ my CXPeM; of 8Jly liability from collusion in mme witll the court. 0)
againsI me.
In the filS! of 0=. prooedure:> Attolnll'l from IJocIWta Neroa-, Richard Ormond.
nOt the judge (Lisa Hert-Gole) would ~ to disclose his name IX the name ofli! d
Ana ~ 1. 7007, thecourt lile WIlS moved to Judge friedmllll, a perwtmI fri
(efused In produco aSlBlcmeat on the RoOOrd regurding /tis rellllionmip with 'de., or financial bmefits to
him and/or ~y members living with him, as IUjIIimd by California law, and cW r
~a1 rc<.:ords end fucther Ocscriptioo ofwbat took place 00 December 7,2001, can
h :1Ii . .com.i)S-<)6..2<H:xhibits-vol.v . M YeS
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 29 of 35
• Paae lVJ
By Jlsg;mba 17, 2007, A!Iomcy PMtcmak fi1c:d frwdulc:nt glOllldocd on my pro in the offia: oflM
RegistmrlRecordcr of LA Co\ll\ly. To tills VClY day I Mvcnotreceiwd a pauly !be proceods of the
purported sale ormy home.. The fraud by PastcnIak on bd1alforllle COWl: was cd by velalln FBI agent,
James WedicK, deconIled by lhll u.s. ~ by lI1e us. Mome)' ~I,llIld the FBI Diredor. His
opinion Jdta oflhi: traIl58Clion by Pasternak for the court WI be vi¢wcd 81:
~rinla.comJ01-12 .. 17-()pinion·Idtq.-Itaud·in·gJ'1l1lI~·s.P9f
c:) Ab=t such assigJlll)tllt ocders, what is the authority of Judge Friedman in
d) Js tMn: 01' ~'llhcre 3 judgrnatl d13I is tnlt:n:d, valid, IIIld elfectu.1l in dlls:
~ offi<:e oCtile P~ding Judge is lclUsing \0 allSWtf!
Tht answer lhat 1have IOICbod is simple: Samaa>r IIl.m1Jk is an ~ Thrck ofthe los: Angeles Qxat.
I believe that there:are many csses like thi3 one, but nobody managed to d~t it c.arefully as ! did.
I know it Is sounds llS an absurd, bnt [ have tried almost anything els by DOW, tbi.ol is
almastlast resort:
I am pleading with the Board of Director.J of a corporation to pro my civil rights
pUmJant to the Amendment to the lJnite States Constitution, for S ~ forDue
Proces:J, and for POS3t3ilion, and ror the Common Law right to ac judicial records, to
inspect and to copy, affirmed by the U.S. Supreme Court in N'm>fI v. ~r
Communications.
).~
'~.
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 31 of 35
EXIIIBITN
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 32 of 35
Page 1 of I
12118/2008
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 33 of 35
December 12,2008
tmaxra>sheppardmullin.com
David J, Pasternak
Purported "Receiver"
PASTERNAK, PASTERNAK & PAnON, LLI'
J875 Century Park East, Sui Ie 2200
Los Angelcs, California 90067-2523
Facsimile: 310-553-1540
iliP@p3.~'aw.com
~~law.com
Terry Friedman
Purpo~ "Judge for all purposes" in Swnaall v Zemik
John Segal
Jacqueline Connor
Purported former "Judge for all purposes" in Samaan vamik
LA Superior Court, West District
D. Bret Bianco
In-House Counsel
Sarah Overton,
Kathryn DiCarlo,
Outside Counsel
J Stephen Czulcgcr, Presiding Judge
John Clarke, Clerk/Executive Officer
IA SUPERIOR COURT
bbianCOl@.laSllperiorcourt.orL!
sovcrton@cmda-Iaw.com
kciicarlo@Cmda-law.com
tfriedman@lasuperiorcQurt.org
Wuiegef@lasuperiorcourt.om.
k1!rkc@lasuperiorcoun.org
jcolll1on'W!asupcriorcourtorg
jscgal@lasuQerioTCOUr1.org
Teresa M. Brenner
Associate General CowlSel- signer afSECfilings
Kenneth D. Lewis
President, CEO. Chairman
Timothy Mayopoulos
Case 05-90374 Document 260-21 Filed in TXSB on 05/08/09 Page 35 of 35
RE: Count'1"vide & racketeering under the guise of litigation in Los Angeles
Superior Court
All Amberg, AU Book, Att Rrenner, Att Moldawsky, An Mostyn, Att Mayopoulos, Att Samuels, and others:
I am compelled to write to you again and demand urgent action, since the letter by Att Moldawsky - Notice of Ex
Parte for Monday, December' 5,200&, is a thinly disguise altempllo obstruct justice, and prohibit protected
speech, while Att. Book, who was authori7..ed by Boa refuses to speak, and for a good reason - he was directly
involved in instituting the frauds. For that purpose he wants communications 10 be directed to outside counsel
who pre lends she is not aware of the frnuds, while for a year and a halfall she is busy doing is obstruct justice, so
that such frauds proceed full speed ahead.
Samaan v Zemik., a never ending convoluted tale offTauds on the roll, has by now entered its Slh year!
J. Tile over-Arching fraud - San/ann v Zemikwas designated from the start as an "enterprise track'· case-
Detailed rcview ofthc case shows that it was an off the record case from day one. All judges acted as
presiding judges with no valid Re-assignment Orders, none of the key litigation landmarks was registered -Inilial
Case Conference, Demurrer, Trial Setting Conference, Pre-trial Conference, Post-trial Conference. Judge Connor
consistently and deliberately avoided leaving any valid executable order on paper: she stated she would issue an
order for sanctions, but never issued one, she said she would issue the gag order for Countrywide, but marked it in
the records as "Denied". She stated that she would issue an order appointing Judge O'Brien as escrow referee,
but what he was provided would not have been consideroo valid by any layman of the jury, let alone an
experienced judge.
Accordingly, Judge Connor also failed to register the summary judgment as such, and it was never entered
and never made into an effectual final judgment in Ihis case.
Accordingly, Judge Segal and Art Keshavani were careful never to rely on it in any subsequent action.
Verbiage was routinely that of execution of judgment, and enforcement ofsuch execution against Defendant who
was purportedly disobeying the COtJrt. But the written motions and rulings and orders always, without exception
avoided reference 10 the judgment at all.
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 1 of 35
Accordingly, Judge Segal never entered the order appointing Pasternak receiver, as required by law, and
avoided any reference to the judgment, or even to the Real Property Purchase Contract in such order. or to any
seclion of the code as the legal foundation for his action.
Accordingly, all judges felt that the case does not deserve any protections afforded to U.S. citizens in the Bill
of Rights. Judge Connor routinely engaged in fraud and deceit in court. And outside court., she issuc:d orders that
required sheriffs to escort me anywhere in the court., 3n order the sheriffs themselves asserted was unheard of, and
withoui any reason.
Judge Conllor connived routinely with Att Keshavarzi, as was apparent in the motion for sanctions, in the
mOlion for appointment of receiver, and in Ihe non-entry oflhe judgment.
Judge Connor established Countrywide's privilege ofappearing routinely in litigation as an absurd "Non-
Party" with shifting designations by the court.
Judge Connor established Counlrywide's and Samaan's privilege to be immune 10 compulsory amended
answers on fTaud and deceit
David Pasternak considered il acceptable with no valid appointment or order to break ioto Ihe properly and to
file fraudulent grant deed on it.
Judge John Segal considered it agreeable to engage in fraud and deceit relative to the order appinting
Pasternak receiver.
Judge Friedman considered it agreeable not to distribute the proceeds ofthc sale to me within 30 days, as
required by law, and to threaten sanctions if I asked for it again.
Judge Friedman considered it agreeable 10 issue an ex post facto order in January 2008, effective back to July
2007, and based on such to make ruling ofcontempt and serious sanctions exceeding $22,000.
Judge Ro..'\enberg felt il was agreeable not 10 issue any Reassignment Order to a jUdge, even after being
repeatedly requestcd to do so.
All judges considerec!. it agreeable not to provide any notice and service of their orders, or to secretly
void/dispose of their orders in chambers.
All judges enga~erl in production of false and deceitful trial court litigation records.
7. £f!!:JY.. Fraud~
0) Firsl early lalldmork/roud - prequalification leller - II started when Samaan, who was an entirely
unqualified buyer, fraudUlently induced me to enter a purchase contract in Seplember 2004, by using a mudulent
pre-qualification Jelter'. ThaI fraud is by now confirmed by a fraud expel1.2
b) Second earlyfraud - loan appficaJions - Next came Samaan's fraudulent loan applicalions, filed with
Countrywide San Rafael.! 4 That fraud by now is also con finned by a fraud expert.s
Such fraudulent loan applications failed to get approved within the time fiamed stipulated in the contract. Both
the fTaud in employment data, and also the failure 10 correclly list loan fees in projecting closing costs, were
almost immediately detected by Underwriter Frazier. Strangely she did not detect the fact that none of the
signatures on file purportedly by loan broker Parks, purportedly a "business partner", was truly his. Moreover,
they could be easily divided into to distinct forgeries - the one originating in LA, and the olher originating in
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 2 of 35
northem California. Alternatively - it is possible, or even likely that in the loose wholesale branch atmosphere
slK:h mixing and matching ofsignature was acceptable business practice.
c) Third earlyfraud - wire/fax fraud - Yet another fraud was detccted on October 18,2004 by my realtor
Michael Libow. He reported !hat Samaan was engaged in wire/fax fraud, where she was impersonating her loan
broker in fax communications with us.6 As became clear later, upon receipt ofthe subpoena production from
Countrywide, Samaan engaged in wire/fax fraud impersonating Parks also in records found in the loan file. [n
general, just as Samaan was a straw buyer, Parks was a straw loan broker.
On October 21,2004, I issued instruc1ions to caned escrow.
3. Infermediatl! Frauds
a) First - comp!oint- specific petfomtancc or damages - A year later, Sarnaan unbelievably filed a
complaint in the LA Superior Court for specilie perfonnance per equity rights, or for damages for breach of
contract by statutory law. Such complaint was custom tailored for a courtroom fraud. In fact, I hold that
investigation is likely to find a disproportionally high number of Specific Performance litigations in LA Superior
Court West District. Any of those should be further looked inlo for frauds. The one I had an oppommity to study
at some detail - Gladjie v Oarwish -surely fits the bill. And the similarity does not end there. In both cases a
convicted felon involved on plaintiffs side. And some names are shared by the two cases: Judge John Segal,
Receiver David Pasternak, An Richard Green...
Specific performance was lhe earlyfram(!l,vorkfraud in this case - it is uniquely suitable for frauds, since
it allows bypassing ofthe jury trial, it exposes the homeowner's equity to abuse by the court through escrow, and
it allows adjudication by rules that widely diverge from standard statutory law adjudication. For exactly such
reasons, in British law - equity rights were allowed only on the person, but not on mll property.
b) Second - sla/ute offraudsfraud. Samaan also failerl to include any contract in her real-property rights
complaint, a classic Statute of Frauds fraud, and thaI too was fully compatible with Judge Connor, on her very
fir.,1 proceedings in this case, January 30, 2006, for a demurrer.
c) 77tird - summary judgment - A midpoint landmark was the fraudulent Summary Judgment hearing,
held by Judge Connor on August 9, 2007. It signaled the conclusion oflhe statute of frauds fraud - tlle contract, a
fraudulent record produced by Countrywide alone, was filed as evidence in Reply brieffor summary judgment. It
also signaled tile launching of the serond framework fraud in this case - the judgment entry fraud. NonnaJly a
judgmem is associated with finality of a court casc. But thaI was not the intention here at all By failing to enter
judgmenr, Judge Connor conspired to con me into consenting to execution of her rulings, but still provide her an
open door for further abuse - with depletion of homeowner's equity as the ultimate goal.
4. Lafe Frauds
a) Entry ofJudgmenJ fraud -lire lale framework fraud - Starting with two ex. parte hearings for "enlry of
judgment' and proceeding in a case ronfercnce on August 30, 2007, Judge Connor engaged in deception. as part
ofdeliberate attempt to ambiguate the entry ofjudgment As a matter of fact, no such thing as Entry of Judgment
exists ill the LA Superior Court, in !he context of entry of judgment defined in both the California Code of Civil
Procedure and Govemment Code as well as in the Local Rules of Court The Court does not follow its own
written rules, instead, for over a quarter century, it developed a system all its own, of unpublished rules, never
disclosed to the public, obviously severe violation ofthe Rule Making Enabling Act 28 USC 55 2071-77.
~} EscrolY referee fraud -The late post-judgment landmarks in this case were ofno lesser criminality: First
- fraud hy Att Keshavarzi, and Judge Connor, in rollusion with Retired Judge O'Brien, for tTaudulenl
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 3 of 35
appoinlment for O'Brien as an escrow referee, where in fuel, if we were to believe KehsaVBJZi on his word in
open court on October 11,2007. the plan was to engage in execution of an "ell/cred ora/judgment".
c) Receiverfraud - Second was a fraud through collusion ofAtt Keshavani, Judge Segal, and David
Pasternak, for appointment ofa fraudulent "Reeeiver" -through a fraudulent motions. Ifwe were to believe
Keshawlrl1 on his word in open court on November 9, 2007, the plan was to engage in execution of"on
9
IIflderstolldi"c" that grew out of a "dialogue" between him and Judge Connor , but neither Segal, nor
Keshavarzi. nor Pasternak, considered the Aug 9,2007 Judgment a valid effectual one.
d) The third posl-judgmenllandmark was fraUdulent conveyance oftitle by Pasternak. The grant deed he
filed 0:1 December 17,2007 was confirmed as fraud, albeit c.ommilled on behalfofa court, by veteran FBI agent
James Wedick, decorated by the U.S. Congress. U.S. attorney General, and FBl Direetor lO •
A reasonable person, upon review of the case as a whole, would surely conclude, that even before fi ling the
complaint, Samaan had secured full cooperation in this combined real-eslatel mortgagel courtroom fraud by both
Countrywide Home Loans, Inc, and by Judge Jacqueline Conoor.
TIle missing contract, which eventually was filed over a year and half later, was a fraudulent record produced by
Countrywide. It failed to appear in subpoena productions ofSamaan, her loan broker, my broker. my own, or
escrow's. That fraudulent contract document was and is the central instrument of fraud in this case, and also the
subject afthe instant letter.
At prescnt on the agenda is a pending fraud, noticed as a ''post-judgment mo/ioll" by Att Keshavarzi (Sheppard
Mullin) for "PlaintiffSamaan". Again, the critical evidence in this motion is the fraudulent Countrywide
comracl. ll Such record is an obvious fraud. It was never authenticaJed, and should have never been admitted by
Judge Connor as evidence in the first place. Given that the fraud in it was rather obvious, it was not introduced
until the las' minute Reply brief for summary judgment.
O'
But all ofthat does not exempt Countrywide, and now Bank. of America from perfonning their duties by law.
TIlcrefore this lener is primarily addressed to attorneys representing CounlTywidc and now also Dank ofAmerica.
L..J11e Rf!!lli-eE.
The request is simple - addressed to each oftlle following attorneys individually, with a request that each and every one
ofthem: Att Ambetg, Att Book, AU Brennet", AU Moldawsky, AU Mostyn, Att Mayopou!os, AU samuels,
respond in writing and lei me know after review ofthe record and additional evidence filed with it in court in my notice
offraud in this record. '2 :
Please authenticate or repudiate the documenl misrepresented as the product fax communication from Parks
in the State of Washington to Countrywide in Northern California, on October 25,2004, 5:03pm. In' fact
1 Keshavam's ptannej wiIh Retired Judge O·Brien. a fraudulent referee. to exeaJte "enlered oml judgment"
8 Motion and Older appoinlD1g receiver.
or
~ Kesllavarzi M tile invafKlit)' the judgmel11 in Nov 9, -;«)7 hearir9.
,~ ~ deed fraud confirmed by Wedidl.
" lostant mollon.
12 COlllrdct
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 4 of 35
thaI transmission was from Samaan to Lloyd, both in LA. It was part of wi reifax fraud across stale fines,
against a financial institution - predicated acts per RICOI~.
For tJ\ose who choose to inform the General Counsel, and for the benefit of the General C..ounsel in his reporting I
provided an Appendix.
Obviously, the ex parte application brought by Countrywide's old guard, through an attomey that Bank of
America did not recognize at all, is meant to prevent such communication, which is essenlial for ensuring integrity
in the takeover ofCounlrywide by BOA.
).~
Joseph Zemik
APPENDIX A
COMPLUNCE~THSARBANE~OXLEY
Wording of the notice required, provided to you as a reminder, in re: Section J07 ofSarbanes-Odcy:
Since material violation of law has occurred, is occUlTing and is about
to occur again, as set: forth in Section 307 o(the Sal'banes-Oxley Act of
2002 and the SEC Rule promulgated there wlder Ct7 CPR 205), the
general counsel must inform his superiors and the authorities. This
notice may be in any form, but should conspicuously state that it is
being made under Section 307 o{the Sarhanes-oxJey Act.
Following is a list ofcrimes, all of which were, are, and will be associated with the fraudulent Contract
record, based on fax/wire fraud by Samaan'4:
111e main fraudulent claim relative to this record was, is, and will be, that it was faxed by Loan Broker Parks from
Washington State to Countrywide, San Rafael on Monday, October 25. 2004. at 5:03pm. In fact., the whole
fraudulent liligation depended on this lie. But that transmission was never authenticated. The reason is simple: as
scen in Samaan's own fax log, this transmission was from Samaan to Lloyd, both in Los Angeles area. The record
was not received as part of the loan application in Countrywide as late as November J, 2004, the last
Underwriting Lctter provided in the loan file. This record, Itke many of the records in the subpoena production
was received from all anonymous fax machine, bearing no ID in its fax header imprint. Accepting such records a'i
part of the loan file is in violation of Regulation B of the Federal Reserv~ demanding operations based on "sound
baking principles". I is also in violation of VETA. Beyond that- such records formed the basis for real estate
fraud and racketeering under the guise oflitigation in tnc LA Superior Court.
a) Starting on October 25,2004, and ending sometime later than November 3, 2004, Nivie Sarnaan, LQan
Applicant committed fax/wire fraud across state lines and against a financial institution in relalionship to
production ofthi> record. Upon investigation it would surely be found that Maria McLaurin, San Rafael
Bl1lnch Manager was her inside partner in crime.
b} Starting July 2006, and ending April 2007, Att Todd Book and the Legal Division orCounlrywidc, guided
by Aft Sandor Samuels, produced this record a total of 6 times, even after they were requested to stop
producing fraudulent records in response \0 legal subpoenas.
c) On October 25, 2005, Samaan engaged in initiating Statute of Frauds fraud when she filed a complaint for
real property rights. but deliberately filed it with no contract record, while she obviously considered this
record the valid contract in this case.
d) On January 30,2006, Judge Jacqueline Connor ran a fraudulent hearing on Demurrer per Statute of Frauds.
In open court she "Overrule{)" the Demurrer, but immediately afterwards, she secretly voided/disposed of
the minute order in electronic court file, while allowing false and deliberately misleading records to remain in
the paper court file. In the Register of Actions she recorded the Demurrer as "Granted', With that., she
launched the fraud in litigation of Samaan v Zemik in the Superior Court., and massive production of
fraudulent trial court litigation records.
e) On August 9, 2007, Att Mohammad Keshavarzi (Sheppard Mullin) and Samaan, in collusion with Judge
Connor concluded the Statute ofFrauds fraud at the hearing, purpol1ed to be Swnmary Judgment hearing, but
never adequalely registered as such. During the whole period of litigation, Samaan never identified the
contract record she considered valid, among lhe six varianlS ofthe contract found in subpoena productions.
Samaan herself failed to include this record in her own subpoena production, and also Parks failed to include
it in his. Finally Samaan enlered this record as evidence in ~ brief of the summary judgment, out of
compliance with the law, and with no authentication at all. I objected 10 such evidence, and had it listed for
mOlion for sanctions per CCP 128.7 for filing fraudulent records as evidence. Regardless, Judge Connor
deceitfully accepted il as valid evidence. Therefore it served as the foundation for the fraudulent rulings in
thaI hearing.
f) Between August 9, 2007 and the present, AU Kcsbavarzi for Samaan filed this record repeatedly as
evidence. always with no authentication, and in disregard of the evidence for fraud in this record. This record
was recently filed again as evidence, as part of a motion originally scheduled for hearing on November 2).
2008, continued. and now pending. Therefore, soon crime is going to be committed again soon based
on such record.
g) Bct\veen March 2007 and Ihe preStO" I filed numerOUS times with Angelo Molilo, Sandor Samuels, and
Countrywide rC<\uests to either authenticate or repudiate this record as fiaud. They never responded either
way to such requests. instead they chose to allow the fraud to eontinue, in fact colluding in real estate fraud
and in obstruction ofjustice. in filing fraudulent records in court as evidence.
h) In particular, in late June 2007. I filed such request with Sandor Samuels at Bet Tzedek, at a time that he
served as President of this organization operating under the biblical verse of'tirelcs.sly pursuing justice..'.
Moreover, at that time he also advertised on the web thal he was leading a campaign against fraud in Southern
C.alifomia, particularly against real estate fraud. Afier I tiled the request with him, the web site of Bet Tzedek
firsl disappeared. When it appeared again, about a week later, Samuels and his campaign against fraud were
no longer mentioned at all.
i) A few days later, on or around July 3,2007, I received a letter from Bryan Berg, LLP, and Aft Jenna
Moldawsky and John Amberg started on behalfofMr Samuels and Mr Monloa campaign of
relariationlintimidationlharassment against a victim/witnesslinformer. Their first motion was remarkably
similar to the one they now nolice for Monday, December 15,2008 - attempt to prevent me from exercising
proJected speech in defense of sci r. Their goal was, is, and will be - to prevent the exposure of the extensive
fraud engineered and executed by the Attorneys ofCountl'Y'"idc's Legal Division in subpoena productions
in Samaan v Zemile, all to support the fraudulent litigation initiated by Samaan. Therefore, An Moldawsky
ilnd Amberg have engaged in obstruction ofjustice for the past 1.5 years. repeatedly inserting themselves with
no legal standing at all ill any hearing, 10 ensure that the fraud be successfully committed.
j) At tr.c same time, Judge Connor denied me the right 10 file compulsOI)' claims for fraud and deceit against
Samaan and against Countrynide.
k) It is the desire to avoid this reque5l- to authenticate or repudiate this record as fraud, thai was, is, and will be
the true motivation for Jenna Mold:lwsky's fraudulent ex parte application. In January An Moldawsky and
Amberg filed a motion that unbelievably requested "declaratory relief' by Judge Friedman - a statement that
Mr Samuels and Mr Monla do flOt have 10 anSWeT this request relative to the lTaudulenl records that these
banking officers filed in court.
I) Bryan Cave, LLP, Janna Moldawsky, and John Amberg, engaged in collusion in this fraud in the past year
and a half, making any possible effort 10 avoid answering such questions, and allowing the fraud in this
litigations 10 proceed - facilitating obstruction and perversion of jus lice.
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 7 of 35
m) Total damage to me from frauds listed above exceeds by now $2.0 millions. But regardless ofthe sum, the
involvement of the most senior people in Countl)'wide, who were charged with the safeguard of integrity of
the operations, surely makes such crimes material deficiencies, that should have been reported also outside of
Sarbanes-Oxley.
)'~
Joseph Zernik
APPeNDIX 8
I demand that CHL cslablish the basic facts regarding this litigation. The letter, dated December II, 2oog lS , is
lacking in foundation from the subjeclline down, on each and every significant detail:
I) It refers in the subject line 10: 'Willie Samaan v. Joseph Zernik. Case No. SC8081400, Los Angeles
County Superior Court":
Please provide certi fied copies from LA Superior Court's Illdex oJ All Cases and Master Calendar of West
Districl, showing registration of the case referenced in your letter: Sanwall II Zemik (SC087400), As
required by law; alternatively - verified statement from an official of tile Superior Court of Cali fomia that
Sal1/a(J}l v Zernik is an authentic court case, duly indexed and calendared as required by law - as A civil
unlimited litigation in the Superior Court of Los Angeles County, case named Nivie Samoan v Joseph
Zernik. case No SC087400; alternatively - verified statement that such duly registered court case does not
exist at aII.
2} further down it notices the hearing in Dept "J" - which is Judge Friedman's court.
a) Please provide verified statement from an official of the Superior Court of Los Angeles County to
the effect that Mr Terry Friedman is Judge Terry Friedman, duty authorized an<! holingjurisdiction
as Judge for all purposes over case known as Samoan y Zernik (SC087400) pursuant to A valid Re-
assignment Order by the Supervising Judge of West District, as required by law; alternatively - that
Mr Terry Friedman does not hold such re-assignment order, has never been duly Authorized and
holds no jurisdiction At AII in matter named Samoan v Zernik (SC087400).
b) Please provide verified statement from an official of lhe Superior Court of Los Angeles County to
tile cffect that Mr John Segal was Judge Jolm Segal, duly authorized and held jurisdiction as Judge
for all purposes over case known as Samoan v amik (SC087400) pursuant to a valid Re-assignmmt
Order by the Supervising Judge of West District, a... required by law from October 5,2001 to
December 4, 2007; alternatively - that Ms Jacqueline Connor did not hold such Re-assignment
Order, had never been duly authori7.ed and has never held any jurisdiction At Allover mat1er named
,')amaall v Zemik (SC087400).
a) Please provide verified statement from an official of the Superior Coun of Los Angeles County to
the effect that Ms Jacqueline Connor was Judge Jacque/ille COilnOr, duly authorized and held
jurisdiction as Judge for all purposes over case known as Samaan \' Zemik (SC087400) pursuant to a
valid Re-assignment Order by the Supervising Judge of West District, as required by law from
November I, 2005 till September 10, 2001; alternativel)' - that Ms Jacqueline Connor did not hold
such Re-assignment Order, had never been duly authori;~ed and has never held any jurisdiction At
1\ 11 over mailer named Samoan v Zernik (SC087400).
3) It opens with a statement referring to"~ ~~ NOIl-Purt)' COl/lltrywide Home Loalls, lire.
("Countrywide") ... n
;1) Please provide the legal foundation for such party designation ofCHL.
b) Please demonstrate court records designating CHL Non·Party.
c) Please explain the umpteen court records bearing any designation other than "Non-Party",
5) It described such purported order as "•• directing Zernik (0 communicate solely with CountryMJidl!'s
designaled counsel... ·' implying that Moldawsky is such duly designated counsel.
a) Please provide evidence of your engagemenl by BOA. As recently as December 5, 2008, they did not
know orher involvement in this case.
6) II proceeds with .... Olli/I/O olfler COl/tltrywide officers or employees..... but fails to specify who such
employees or olliccrs are, particularly after the change of control.
a) Please provide a full and complete Jist orall those I am prohibited from talking with. Such infringement
of First Amendment rights. particularly - infringement of protected speech in defense of self is unheard
of, particularly when it is vague and ambiguous.
b} To the best of my knowledge Mr Samuels and Mr MO:l.ilo are no longer Countrywide employees. Please
provide evidence ofthcir status of employment, and full and complete list of present Countrywide
employees.
c) How about tenninalcd employees like Diane Frazier, key witness, continuously intimidaled by
Countrywide, who was terminated ifl early 2005? When I tried to communicate with her I got a death
threat that was dircctly related to Countrywide.
d) Is Diane Fraz.ier allowed to exercise (rec speech?
7) You continue "includIng Balik OfAmerica Corporation, wlrich acquired Coul1trywide ill July lOOK"
3) Please provide the legal foundation for your inclusion of BOA io this order.
b) I happen to hold an account with BOA, and I also plan On purchasing some shares. Do you intend to slate
[hat under such circumslances I am still prohibited from speech with any BOA employee? Please provide
some reasonable explanadOll.
S) You refer to OSC for ..... contifllud .'iolat;oltS of llze Cuur/ Order......
a) Please provide evidence of any such violations tnat you may claim.
b) PIUlsc make sure [hal you authenticate your evidence and file only admissible evidence in court.
,~ Where the u.s. Supreme coul1 af.ilmed ·common law rights' of'aocess to judicial record" also koow as the Iighl 10 inspect and to C1Jf1'I
such rewrds. In con1r.:lst, \he LA Superior Court holds its oomputer system. ·Sustain·, - a frau<lulenl case management syslem
"privileged- for the COUrI only". Such IU1e is an unpublished Rule of Court. and with lhal- also in roalion of \he Rule-Makill9 Enab\ilq
~,
Requm~ public a = 10 the COUll'S electronic recoros ill general, and prohibiting denial of access to party in liligalion to e\edronic court
tile feCOIdl;.
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 10 of 35
facts relative 10 this litigation. as a minimal precaution in a case built on fraud from Judge Connor's first
court proceeding on. 11
Art Moldawsky -YOIl canfoDI some of the people aU t!le time. all Dltlle people some oft/Ie time, hutyQIi
can/rot/Dol all the people ail t!le time_. Please provide full and complete admissible evidence for C<lch and
every one of the facts listed above. Please forward such evidence to me and to others wilh sufficient time to
examine such evidence.
).ywL
Joseph Zernik
Ie on the diJ)' of Judge Comor's firs! proceeding, Jan 30, 2006 - i.lnitial Case Confereooe was held off the record, assignment Older was
issued ao<l back.caled 3 molllhs, and demurrer on statute of frnuds was OYellUled. blA that lUling was lmmediatclf seaetI1
disposedhll>ided wilIl no noke or seMce to oarties.
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 11 of 35
1/4
08-12-09 ATT TODD BOOK, COUNTRYWiDE LEGAL DIVISION, WHO WAS ACTIVE PARTICIPANT IN
THE FRAUD All ALONG, SINCE 2006, REFUSES TO ANSWER REQUEST TO AUTHENTICATE OR
REPUDIATE COUNTRYWIDE'S FRAUDULENT RECORDS. ALBEIT, BANK OF AMERICA DESIGNATED
HIM AS THE COUNSEL OF RECORD IN MY MAnER.
X-McAfee-Timeout-Protection: 1
X-WSS-IO: OKBND81-OC-1A6-Q1
Subject Re: Fwd: REPEAT FlUNG OF OFFENDING FRAUDULENT RECORDS IN COURT YOUR
RESPONSE REQUESTED BY
WED, DEC 10,2008, 5:00PM. Notice of start of safe halbOl' period per CCP 128.7.
From: "Todd Boock" <Tod<U3oot:k:@Counttywide.Com>
Date: Tue, 9 Dec 2008 22:12:11 ·0800
To: "'JOseph zemik" <jz12345@earthfinlcnet>
cc: j'wamberg@bryancave.com,
jenna.moldawsky@bryancave.com
X-Foml: Reply
X-MIMETrack: serialize by Router on PlADOMSMTPZ021Server&IGWExtemal(Release 7.0.3ISeptember 26,
2007) at 12110f2008 12:12:15 AM, Seriaize complete at 1211012008 12:12:15 AM
X-EL~IK-Received-lnfo: spv=O;
X-ElNK-AV: 0
X·ElNK·lnfo: sbV=O; sbrc=.O; sbf=oo; sbw=OOO;
Dr. Zemik,
The referral to me regarding this matter was in error. Please contact Bryan Cave LLP, specifically John Amberg
(310-576-2280) or Jenna MoIdaw.iky (310-576-2377), both copied on this e-mail, should you have any inquiries,
issues or other reason to commlXlicate with Counbywide or i1s corporate affiJjale Ba~ of America, regarding
this matter. As an employee of Counbywide, I am covered by the prolective order prohibiting you from
contacting employees of Countrywide.
Todd Boock
2/4
FYI
December 9. 2008
Mohammad Keshavarzi
Sheppard Mullin, LLP
Mr Keshavarzi:
You recently sent me copy of papers you filed in court under the name of Sheppard MulUn, UP, for molion to
establish recovery, scheduleo for Nov21. 2008.
1) No signatures were visible on my copy. I request that you fOlW3rd to me copy bearing your visible original
signatures. In case the copy you filed in court does not bear your signatures, and you choose to keep that
paper filed, I request that you correct that Situation expediently, otherwise please withdraw such papers, and
notice me accordingly.
2) Your most recent papers again included records produced in subpoena by Countrywide, which were the core
of this ligation. I complained in the past thai such papers constituted fraud on numerous accounts. Such
records were repeatedly fraudulently misrepresented by you 3S the product of fax transmission from Victor
Parks, loan broker, to Countrywide San Rafael, on Monday, OCtober 25,2004, 5:03 pm.
3) In fact, as made clear by Ms Sanklan in her deposition. Mr Perks had nothing to do with any of it. Among
other umpteen frauds, throughout the transaction in 2004, Ms Samaan impersonated Mr Parks in tax
communications. This record was no exception.
4) This record also was never received by Countrywide on the elate and time indicated above, as you
misrepresented in court. In fact the transmission that generated that tax header imprint was from $amaan in
Los Angeles to her husband in los Angeles. I went through that issue in depth among other opportunities, on
~ugust g, 2007, in open court.
5) You have never provided adequate authentication of that record When you introduced it as evidence. and I
filed fOr sanctions against you per CCP § 128.7 for firing of fraudulent records in court
6) To avoid that hearing, you scheduled in conflict another "hearing" as you fraUdulently called it, with retired
JUdge O'Brien, who had no autllority at aU to hold any "hearing" of any kind.
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 13 of 35
3/4
7) This court refuses to even COl'Ifirm that Samaan v Zemik was ever a case of \he Superior Court of Califomia.
Regardless, you were fully aware that such records were, are, and always will be fraud, and therefore any
purported order, decree, judgmen~ or any other outcome of such litigatioo was is, and always will be null and
void.
8) In the most recent papers you omitted 1he fraudulent transmittal cover sheet. Regardless, this record is the
product of fraud, and it was introduced by you as part of fraUdulent evidence.
9) Therefore, I request that you immool3tely remove this record from your most recent pending papers.
10) Therefore, I also request that you submit a request for a nunc pro tunc order:
a) to marl< aU instances where such paper appears In tf1e court file as Instances of fraud.
b) to vacate alt orders, decrees, judgments that were based on such fraudulent real estate contract record.
10) Please consider this notice per CCP §128.7 for start of Safe Harbor penod.
MR!<ESHAVARZi & MR MAUNGAGIO: RESPONSE REQUESTED BY WED, DEC 10, 2008, 5:00PM.
11) This message is copied to At! John Amberg and At! Janna Moldawsky, who claims to be authorize to
represent CounlryvJide Home Loans, Inc, a subsidiary of Bank of America. counttywlde Home Loans, Inc too is
requested to file request in court tor the withdrawal of such fraudulent records produced by Countrywide Home
loans, Inc as part of subpoena productions !hat were replete with fraudulent records, and lM'lich tried 10 enliref>/
fabric.ate Samaan's fraudulent loan applicalions underwriting history.
MR AMBERG AND MS MOLDAWSKY: RESPONSE REQUESTED BY WED, DEC 10, 2008, 5:00PM.
12) This notice is also fOl\varded to AIt Todd Boock, Counlrywide Home Loans, Inc, who was part of the leam
under Mr Samuels, wtlo devised the subpoena fraud In 2006, and repeatedly provided fraudulenl responses to
questions in Meel and Confer in 2007, then claimed religious obselVaoce to void appearance in motion 10
compel Mr Boock is requested to authenticale the real estate contract record, olhemse, to withdraw it from the
record, and with it the entire counbywide fraudulent subpoena, and to notice the parties and the court
accordingly. Mr Book is according to Bank of America Office of General Counsel the only one authorized to
represent Bank of America Corpordtion. That office had no reoord of Bryan Cave LLP as authorized 10
represent Bank of America in this malter.
MR I!.OOK: RESPONSE REQUESTED BY WED, DEC 10,2008, 5:00PM.
4/4
Section 307 ofSarbanes-Oxley
Since material \iolatiou of law has occurred, ~ occurring and is about to occur a.,aaill, as set forth in
Secnon 307 of the Sarbanes-Oxlev Act of2002 and the SEC Rule promulgated there under (17 eFR
205), tbe genera) counsel must inform his superiors and tbe authorities. Th~ notice rna)' be in any
form, but should conspicuously state lh:Jt it is being made under Sectinn307 nfthe Sarbanes-Oxlev
Act.
Joseph Zemik
Fax: 8019980917
Tel 3104359107
Additional dooJmentatioo, including fraud experts opinion letters Cf~ fraud in this litigation can be viewed at
http://inprooerinla.coml04-10-26-doc-44-coullbywide-fraud-LWldelWriting-letter.odf
!:illQ.;ilinprooeriola.(D!!lI04-10-26-opinlon-letter:(!)uotryw!de-underwtiting-letter-oct-26-s.pdf
!:illQ.;ilinDroperinla,comI04-09-07-~maao-s-oreaualificatioo-letter_pdf
http://inorooer!nra.cnm/04-09-o7~letter-fraud-in-prequalificaion-letter-s.pdr
http://lnDroperjola.com/04-09-27-<!oc-<l{}-samaan-fi'aooulenr-loao-j!pp1ications-s.pdf
b!!Jl;LLjnprooeriola,coro/04-09-27-5arnaarKXlyOlJywide-frat.rlu!ent-!?an-aoolication.pdf
http://inprope!1ofa.com/04-Q9--27-pp1niOn-letter-frclUd--in-Ioan-aop!icatioos-signa~llKIf
blm.;1linproperiofa.(()m/04-1D-18-wire-fraud-o 1. pdf
h~o~rinla.cnmlO4-1o-18-9-emails·in-re-wire-fax-fraud.pdf
http:[IInproperinla.com/04-10·2S-a>un1;!ywjr;le-aduiterated-brand'l-iQP.\!t-eXception-reauesl:-s.pdf
btm;lilnproperinla,com/04-10-2S-doc-45-eountJ\.Wide-fraud-rontract-re;nrd.pdf
tillIWj["lproperinla·comlO+ 10-26-r0un!JyWide-fraudulent·unde!wrilino-!elter?lX!f
!illI2;LLinproperinla.cnm/06-07-1D-samaan-<leposition·pdf
hltD;I[l1lproperinla.cnm/07-02-08-<oontlyWide-f@udtJent-subpoena-productiorK-~
htto:/Iinproperinla.com/06-11-09-<k:x:-38-1-enunlIywide-r!Jdaurin-fulse-dedaratioo5,pdf
htto:ljinproperinla.cnm/06-11-0.L-doc-38-2-enuntrvwide-mdaurin-false-dedarations,o<!f
J:lt!I!.:Lli.npropeJinla.com/07-06-2().bet-tzedek-web-paqe-with-samuels-before-lettc~"QQ[ - samuels - the
fraudster as "fraud buster"
Confidentiality Nolice: The information contained in and transmitted 'oNith this communication is strictly
confide ntial, is intended only for the use of the intended recipient, and is the property of Countryv,ide Financial
COrporation or its affiliates and subsidiaries. If you are not the intended recipient, you are hereby notified that
any use of the information contained in or lransmitted \'Ath the communication or dissemination, distribution, or
copying of this communication is slrictly prohibited by law. If you have received tllis communication in error,
please Immediately retum this communication to the sender and delete the original message and any copy of it
in your possession.
;==:::=:::=~=============::=~~=========:::==:::=====::==::====
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 15 of 35
J= M..k1.ws~1'
l}rm:c 31o.S7e.-Un
;cm..rnQ\d.\V,l;)"@b<j-::no"t..com
Decembc( 11,2008
;:·131~151.·~IOO
Joseph Zernik DMD PhD
2415 Saint George: Street F". iJl~. Sl6·l1liO
Si\101 DOCS6G571S.1
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 16 of 35
his tepe:lted violations of the July 23,2007 Protective Order directing Zemik to commuwatc solely
with Countrywide's designated counsel regarding dle present action and no other Countrywide
offlccrs or employees ("COU1·t Order'); (2) for an order co show cause why Defendant Joseph Zeroik
should llot bc held in contempt and sanctioned :lccordingly for his continued viobtions of the Court
Order; and (3) for a modifiauon of the Court Order to include officers :lod employees of aU
Coun u)'wide affiliates, including Bank Of America CorporAtion, which acquired Countrywide in July
2008 (the "Motion"). Countrywide requests that the Court set the earliest possible hearing date on
this Motion. In me altcrnative, Counrrywide asks the Comt to set :I. hearing clate ofJanuary 8. 2009,
which would providc the parries with sixteen cmm-days' notice.
Couotlywide's (X parle appliC:ltil)n seeks relief on the grounds th:lt Defend:lfit Joseph Zernik continues
to viohte the tcrtns of the July 23, 2007 protectivc order by contacting Countrywide's senior officers
:tnd employees, and Countrywide will suffer irrepamble hArm jf it is forced to continue to endure
Zeruik's harassment without timely COUIt intervention to rcsl)lve tl)is mattcr.
Countrywide's exparle application will he heard at 8:30 a.!!h.on Monday. December 15, 200S, in
Dep::U:l:IDcnr WEJ of tne Los Angeles Superior COUIt, looted at 1725 Maio Street, Santa Monica,
L:llifornia, 90401.
Please advise as to whether you intend to app~r and/or oppose Countrywide's ex park application.
It'H/)~TY141Yw7
Jenna Moldawsky .
S.\WlDOCS6G5715-J
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 17 of 35
PROOF OF SERVICE 11
1
2
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is Bryan Cave LLP, 120 Broadway, I
i
3 Suite 300, Santa Monica, California 90401~2305.
I
4 On December 18.2008, I served the foregoing document(s), described as NON-PARTY I
COUNTRYWIDE HOME LOANS, INC.'S NOTICE OF MOTION AND MOTION (I) FOR
MONETARY SANCTIONS AGAINST DEFENDANT JOSEPH ZERNIK IN THE
5 AMOUNT OF $5,564.50 FOR VIOLATIONS OF THE JULY 23, 2007 PROTECTIVF. ,
I
6 ORDER; (2) FOR AN ORDER TO SHOW CAUSE WHY DEFENDANT JOSEPH ZERNIK !
SHOULD NOT BE HELD IN CONTEMPT AND SANCfIONED FOR VIOLATIONS OF I
7 THE PROTECTIVE ORDER; AND (3) FOR A MODIFICATION OF THE PROTECTIVE I
ORDER TO INCLUDE OFFICERS AND EMPLOYEES OF ALL COUNTRYWIDE 1
8 AFFILIATES, INCLUDING BANK OF AMERICA CORPORATION; MEMORANDUM I
OF POINTS AND AUTHORITIES; DECLARATIONS OF JOHN W. AMBERG AND
9 TOOD A. BOOCK, on each interested party in this action, as follows:
I
~
(BY HANn DELIVERY) r caused a true copy (or original) of the foregoing I
10 document{s) to be delivered by hand to each interested party set forth below:
11
Robert J. Shulkin, Esq. Joseph Zernik
12 Legal Department 2415 Saint George Street
Coldwell Banker Residential Brokerage Company Los Feliz, California 90027
13 11611 San Vicente Boulevard, 9th floor
14 Los Angeles, CA 90049
25 I declare under penalty of peljury under the laws of the United States of America and the
State of California that the foregoing is true and ,corr:cS17
26 ~~
27 Alexa Kim
28
4 On December 18, 2008, I served the following documents, enclosed in a sealed envelope,
described as: NON-PARTY COUNTRYWIDE HOME LOANS, INC.'S NOTICE OF
5 MOTION AND MOTION (1) FOR MONETARY SANCfIONS AGAINST DEFENDANT
6 JOSE·PH ZERNIK IN THE AMOUNT OF $5,564.50 FOR VIOLATIONS OF THE JULY
23,2007 PROTECTIVE ORDER; (2) FOR AN ORDER TO SHOW CAUSE WHY
7 DEFENDANT JOSEPH ZERNIK SHOULD NOT BE HELD IN CONTEMPT AND
SANCTIONED FOR VIOLATIONS OF THE PROTECTIVE ORDER; AND (3) FOR A
8 MODIFICATION OF THE PROTECTIVE ORDER TO INCLUDE OFFICERS AND
EMPLOYEES OF ALL COUNTRYWIDE AFFILIATES, INCLUDING BANK OF
9 AMERICA CORPORATION; MEMORANDUM OF POINTS AND AUTHORITIES;
10 DECLARATIONS OF JOHN W. AMBERG AND TODD A. BOOCK, on the person(s) set
forth below:
11
Robert J. Shulkin, Esq. Joseph Zernik
12 Legal Department 2415 Saint George Street
Coldwell Banker Residential Brokerage Company Los Feliz, California 90027
13
11611 San Vicente Boulevard, 9 1h floor Telephone: (310) 435-9107
14 Los Angeles, CA 90049 Facsimile: (801) 998-0917
Facsimile: 310-447-1902 jzI2345@earthlink.net
15 robert.shulkin@camoves.com
16
17 XX_ By personally delivering a copy of the documents to the address listed above.
20
21 Signature
22
23
24 Please Print Name
First Legal Attorney Service
25
26
27
28
SMOIDOCS112347.1 2
COUNTRYWlDE'S MOTION FOR SANCTIONS AND ornER
REI.1EF
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 19 of 35
COpy
BRYAN CAVE LLP
John W. Amberg (CA State Bar No. 108166)
2 .Jcnna I\-loldawsky (CA State Bar No. 246109)
ORIGINAL FILED
120 Broadway, Smte 300
3 Sant3 l'vionica, California ()0401·2386 JAN 06 2009
Telephone: 310-576-2100
4 Pacslmilc: 310-576-2200
SUPERIOR COURT
5
Attorneys for Non-Party COUNTRYWIDE HOME LOANS, INC.
6
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
91 FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
10
21
I, .Icnna l\loldawsky, declare as follows:
22
I. I am an attorney licensed to practice law in California. J am an associate in the
23
law firm of Bryan Cave Ll.P, counsel of record for non-party Countrywide Home J,oans, lne.
24
("Countrywide''). I have personal knO\vledge of the facts set forth in this Supplemental
25
Declaration. I submit this Supplemental Declaration to present new evidence to support
26
Counrryv.:ide's pending motion for monetary sanctions and for other relief against Defendant
27
Joseph Zcrnik's ("Zernik") violation of the Court's protective order of July 23, 2007.
28
2 that r \vas the "\X1inner of the 2008 Pinokio AwarJ," attacking my credibility as counsel for
3 CountrywiJe, claiming that I am a "precious student in the art of streamlining," and stating
4 that "the Pinokio Award committee congratulates you ... for such unique achievement so early
5 in yom career - as graduate of UCLA Law School, Class of 2006." A true and correct copy of
8 On December 29, 2008, Zernik sem a fax to Kenneth D. LeWIS, Ilresident and
9 CEO of Bank of j\merica <'":orporation, and Timothy Mayopolous, General <'":ounscl of Bank
11 also ;dleges "collusion of the Clerk of the Court and the Presiding Judge" In this matter. A
I/)
co
<'l
':' 12 true ,Ind correc1 copy of this correspondence is attached to this Declaration as Exhibit Band
0
0
0
..
Q.
l'l0
... 01
13 incorporated herein by reference.
J!: «
~ ~ ~ 14 il. CountrywIde reserves its right to suhmit further evidence in advance of the
~ ~ ~
U ~ ::;
z a ..
.. .. U 15 hearing on its Motion.
>- a .
'"
m lD'" ;! ..
o Z 16 I declare under penalry of perjury under the laws of the ~tatc of California that the
- ..
N 0
~
>- 17 fOt"Cgf ling is true and correct.
.
z
U1
18 J ~xecuted on January 6, 2009, at Santa MOBlca, California.
19
20
2]
22
24
25
26
27
28
SMOID(M~S7l4813.1 2
SUPPLEMENTAL DECLARATION IN SUPPORT OF MOTION
FOR S,\NCTIONS
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 21 of 35
EXHIBIT A
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 22 of 35
Digitally signed by
Jos.eph Zernik
1 IJ DN:cn=Joseph lernik.
) .Y-v-vL em.il=Jz1234S@..nhi
ink.oel. C=US
Oat.: 2008.12-28
20:26AS -08'00'
,'oseph Zemik OMD PhD
. 3Y,. .
Wfl: . .:.:~ t.:.~,~o' ~~.""1 .J!1 .;:~ .• ..:.'.';;.<~_~. f:?:.;~ ... j',d
All Jenn3 Moldawsky Pil1Okio Art. Sandor Samuels Judge Learned Hand (I1OtTeny Friedman)
"In this artful pleading, Att Moldav.sky masterly crafted all possible Pinokio effects:
At! Moldawsky purportedly represents a corporate client, but she would not answer direct questions about its
identity, neither has she filed any corporate disclosure in the past six months since ROA took over
Countrywide. ancl since Sandor Samuels and Angelo Mozilo presumably ceased to be Countrywide
employees. A It. tVloldawsky also filed 110 paper showing she was authorized by £30A. and BOA denied ~he
was aulhori/.cd.
All Moldawsky purportedly represents a client whom she designates "Non-Party". £3y what authority and on
what legal foundation she came by this party designation? Obviously it is handy in failing to report the
violations of the law per ~arbanes-Oxley Act 01'2002 §307, but why did the Clerk of the Court accept such
filing?
AU. rVloldawsky's paper claims to be part of a case captioned Samoan v Zernih (SC087400), of the LA
Superior Court. But the offices of Presiding Judge and Clerk of the Court re!lIsc to certity such facts.
All Moldawsky adequately listed no judge as being assigned the to the case on the face page. And yet, in the
firsl sentence she noticed it to "Department.r'. What legal thmry led Att Moldawsky in detennination of
venue and jurisdiction? Maybe the fact that Mr Terry Friedman is a friend of Mr Sandor Samuels."
All Moldawsky's arguments arc based on a purported July 23,2007 Order by .fudge Conl1or, but a valid
order thai was issued, served. noticed, and entered in a timely manner is yet to be produced ...
All Moldawsky included in her motion a table of authorities. How did she detennine that such ca~e is
adjudged by the Law of the Stak of Cali fomi a ?
Att Moldawsky, again. produced evidence with no authentication, and insufficient pleadings - by counsel.
Tl1e Pinokio Award committee congratulates Y0ll, Att Moldawsky, for such unique achievement so early in your
career - as graduate of UL1A Law.'>'chool, Class of 2006. Congratulations also 10 your mentors at Bryan Cm'e,
LLP, Rank ofA merica, and CouJltrywide. Mr Samuels' inspiration surely shines between your lines - his
pn:cocioll.<, student of the art of streamlining, of which he is a master - second to none ...
All the best'"
• "Is MohJa"sky', IInprenuented >chievement wlIulw submi"ed to Boing Hoing -<I directory ofwondeifullltings, !!!!J:>:llhoing,ooing.netJ.
•• !!!!I!:llinp, \'perinl".wm/09-1l 1-1 J-mnItJ"" sl.y-nolice-of-molion-sanclinns-conlem p1~
Case 05-90374 Document
.............. 260-22 Filed in TXSB on 05/08/09 Page 23 of 35
EXHIBITB
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 24 of 35
To: Lewis
lEi if'.
Page 10f5 2008-12-2923:01:32 (GMT) From: Joseph Zemik
COVER MESSAGE
Dec 29, 2008
To: Lewis
sa. IAtS
Page 2 of 5
£
2008-12·29 23:01 :32 (GMT) From· Joseph Zemik
D'9'tally "gned by
Joseph Zem,k
DN: <n=Jo<eph lemik.
) . ~ ~mall"lz123.5@e.rthll
nknel,c=US
Date. 2008.12.29
Joseph Zemik DMD PhD 13:43:13 ·08'00'
lenna Moldawsky
jenna moldawski@bryancave com
John Amberg
c·Jwarnberg@BryanCave corn>
M()dl§~lLleffreYA
Managmg Partner- Los Angeles
iillDodisett@hryancave carl}
Peter \lan Cleve
Managmg Partner - Sf. LoUIS
pdvancleve/aiBryanCavecom
BY bx (310) 576-2200
In the most rec:ent filing from Bryan Cave, U.P, trnder the signature of a junior attomey in your office,
one finds evidence of continued racketeering - obstruction :md perversion ofjustice, filing of falo;e
records in COIlrt, etc.. Please acrept this letter as a demand to withdraw the latest filing - a notice of
motion and motion purportedly scheduled forJanuary 13,2009.
Separllte demands are sent to a) the office of the clerk of lASe, and b) the office ofTimothy
Mayopoulos, General Counsel of Bank of America, who appe.ar to collude in such conduct that must be
deemed in violation of the C'.alifomia and the U.S. penal codes.
For referencc, pleBS(' find a copy of Bank ofAmerica General Counsel Outside Cooosel Procedures at:
hnp:/liJllJJ'Operi!ll!~!com/08-12-11-boa-Qldside-C()unscl-procedurcs-s.plJ[
for reference, please find a copy of Ms Moldawsky's noUce of moUon and motion and additional records at:
l.!1:!:ml/inprqperinla.comj09-01-13-moldawsky-rwtice-of-motlon-sanclicms-
contempt.P4f
Listed below are just some of the reasons for the statements above:
1 All Moldawsky purportedly represents a corporate client, but she would not answer direct questions about
Its Identity, neither has she filed any corporate disclosure in the past SIX months since BOA took over
Countrywide, and since Sandor Samuels and Angelo Mozilo presumably ceased to be CountrywIde
emplo)'ees.
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 26 of 35
To: Lew,s
5,a:
Page 3 of 5
Mt 2£
200&-12-2923:01:32 (GMT) From: Joseph Zemik
a Please immediately provide verified sLatement including the exact identity ofyau client(s) wIth a
corporate disclosure(s), whether Samuels and Mozdo are still employed by Bank of.America,
and/or any of Its affiliates and/or subsidiaries, and whether or not you still represent the latter two
gentlemen Please include in such sLatement evidence of your authoriz.ation by General Counsel of
Dank of Amenca oflice.(e.g. Legal Matter #, BOA procedures. part II, page 2).
2. Please provide reference to the authority and legal foundatIOn for the desiguation ofyollr client as "Non-
Party".
3. In case you represent Bank of America or any of its affiliates and/or subsidiaries, please provide venfied
statement that you are famlhar With your duty to report per Sarbaoes-Oxley Act of2002. § 307 (e.g. BOA
procedures, part V J1, page 8) •
4 Please provlde certIfication by office of the Presiding, Judge of the Court - Stephen Czuleger, or office of
the Clerk of the Court, John Clarke, that case captlOnedSamlliJn v Zemik (SC087400), is indeed a case of
the LA Superior Court and the Supenor Court of the State of California The preponderance of the
eVIdence, includmg bul not limited to the fact that conduct such as your conduct in the past year and a half
indicates that such case never was, and never will be a case of the Superior Court of Caltfoffila.
s. Please proVide certificalion by office of the Presiding Judge, Stephen Czuleger, or the office of the Clerk
of the Court, John Clarke, that such case was duly assigned to Judge Terry Friedman
6. Ple,l<;e provide a copy, certified by office of the Presiding Judge, Stephen Czuleger, or the office of the
Clerk., John Clarke, of the purported July 23, 2007 Order by Judge Connor
7 Please provide adequate authentication of all evidence.
8. Please prOVide venfied statements by Mozilo and Samuels regarding any purported harassment suffered
by them and/or any communication received by them. as claimed by you in this pleading andlor In
prevIOus ones
<) Please prOVide venfled statement explaining the nature and the legal foundation of the recent monetary
transactIon where you received $7,500 from Att David Pasternak.
10 Please provide venf:cd statement explaining the nature and the legal foundatIOn of any prevIOus monetary
transactions between you and All David Pasternak related to this matter
II Exhibit A includes copy of a purported Minute Order date 7/23/07 purportedly as evidence for a purported
court order My daLa indicate that the copy you attached is false and deliberately misleadmg, the tTUe date
that such paper, whether legJtunate or false, was entered IS 7/24/07. Furthermore, the record you
presented is missing the Clerk's Certificate of Mailing and Notice afEntry. therefore invalid. The habit of
the LA Supc~ior Court to Violate baSIC rights of Due Process such as notice and service is annually
denounced by the Callfonlla Council on JudiCial Performance Furthermore, the Register of Actions of
the pllfported case shows that such purpor1ed hearing of Countrywide's abusive motion was heard "offthc
record". and was the result of a procedure on 7/6/07 that wa, out of complIance and in violation oftJle
law. and was explicitly I.tsted In the Register of Adions as "offthe rcwrd" Please proVide cel1ificatlon by
the ofiice of Presiding Judge Stephen Czuleger andior otIice of the Clerk of the Court John Clarke,
together WIth a venfied statement by one of these two providing the legal foundation and authentication f
thIS record, which on its face IS a mlSTepresented and misidentified legal record.
] 2.'\xhihlt B lllcludes a DeclaratIon by All Boock., providing hearsay of phone conversatIons between Zernik
.lnd Randy Sparks, and between Zemik and Phillip Wertz, and between Zemik and numerous various
others In the Legal Department of Bank of America. Please provide adequate evidence of these phone
calls, that is not by hearsay, where Zernik was advised that Jenna Moldawsky is NOT authorized to
represent Bank of America
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 27 of 35
£ O. . . .
From: Joseph Zemik
T0: Lewi~ Page 4 of 5 2008-12-29 23:01:32 (GMT)
13 Exh:!'>lt B further includes a purported Order, dated Feb 15, 2001l, signed by Mr Terry B Friedman, falsely
idcntifYmg hun as a judge holding Jwisdlction in a case falsely identified as a case of the Superior Court
of the State of California, falsely captioned Sarnaan v Zernik (SC01l7400). Please provide certified copy
of this record, together WIth a verified statement by either Preslding Judge Stephen Czuleger or Clerk of
the Court John Clarke, that such IS an authentIc record of the State of California Superior Court, that case
captioned Samaan v Zcmik (SC087400) lS indeed a case of the State of California Superior Court, and
that J'vir Terry Friedman held at that timc jurisdiction over such matter
14. Exhibit C mclude a purported Judgment RE: Contempt, dated March 7, 2008, signed by Mr Terry B
FrIedman, please prOVIde evidence as in 1113 above
15 ExhIbit D lOcludes a recOJd mcluding an emaIl datedNovI2.2008.Itis obvious that this is an adulterated
record, and the top part of it was deleted Please provide the full and complete record with adequate
authenticatlcn and full legal foundatIOn,
16 Exiu bIt F mcludes a copy of an email from John Amberg regarding representation, thai is neither verified,
nor authenticated, and is nllSsing the supporting document3tion to provide it with legal foundation Please
prOVide the necessary evidence
17 Exhlbit H Includes an adulterated copy of an email record dated Dec 9, 2008, regarding the payment of
$7,500 Again, the top portion ofthis record was deleted. Please providc the complete rccord with
adequate authenticatIOn and foundation.
IE Exhibit I includes an adulterated computer record - copy of an email dated Dec 9, 2008 regarding the
ITaudulent copy of a real estate purchase agreement produecd in subpoena by Countrywide and filed in
coun by Att Mohammad Keshavarzi. Again, the top portion of this record was deleted. Please proVIde
the completc record wlth adequate authentication and foundation,
19 Exhibit K lIlc1uJes a copy of a lener dated December 3, 2008, addressed to Mr Kenneth LeWIS and Ms
Teresa Brenner, Demand to mitigate damages and for corrective actioILs Please provide adequate
i1uttlt;ntlcatlOn and legal foundation.
20 Exhibit L of the current pleading includes copy ofa fax transmission addressed to Mr Mayopoulos, and
beanng fax header Imprmts suggesting it came from the office of Mr Mayopoulos, Please provide
adequate verification by Mr Mayopoulos
2J, ExhibIt M of the current pleading includes copy ofa fax transmission that appears stamped: "Received",
and handwfltlen marked - "12/9/08 AWL, refer: Exe<: Relations, via filx BOA 804-264-2082", It appears
-J13t such record was received III an office located In the State of Virgirua, possibly the office of Amy
'Woods Bnnk'ey, GlobalH.lsk Executive, Bank of America CorporatIOn, and Member of the Board of
Directors Please proVide adequate verification by Ms Brirkley or whomever was the source of such
record
22 Exhibit N of the current pleading lllcludcs copy of an email transmIssion, dated Dec 16,2008, that could
.;;orne from one of a large ntunber of mdividuals. Please provide adequate verification by whomever was
the source of such record,
23 Lxhlblt N of the current pleadIng further mcJudcs copy of a letter dated Dec 12,2008. Please provide
<,dequate verificatJOD
24. ExhIbit N of the current pleading further includes copy of an email by Alt Todd Book, dated Dec 9,2008
Please provide adequate verification
25, Exhibit N oithe current pleading further includes copy of a letter by All Moldawsky dated Dec 11,2008
Please prOVide adequate verificatIOn
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 28 of 35
26 ExhIbIt N of the current pleadmg further includes copy of Proofof Service that is unverified Please
provide venflcation, authentication, and the legal foundation
27 Exhibit N of the current pleading further includes copy of a proposed order, naming Judge Terry
Friedman as the purported sIgner Please provide verification, authentication, and adequate legal
foundation.
).~L
Joseph lenllk
CC
J STEPHEN CZULEGER
PresIding Judge o)f lh<:- Coun of Los Angeles
By cmad
By fax
rOI IN A CLARKE
Clerk of the Supeflor Court of Los Angeles
By coni!
By fax
TERR Y B FRIEDMAN
Judge of the Superior Court of Los Angeles
Byem,lil
By fax
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 29 of 35
PROOF OF SERVICE
1
I am employed in the County of Los Angeles, State of California. I am over the age of 18
2 and not a party to the within action. My business address is 120 Broadway, Suite 300, Santa
Monica, California 90401-2305.
3
On January 6, 2009, I served the foregoing document(s), described as SUPPLEMENTAL
4 DECLARATION OF JENNA MOLDAWSKY IN SUPPORT OF COUNTRYWIDE HOME
LOA~S, INC.'S MOTION FOR SANCTIONS AND OTHER RELIEF AGAINST
5 DEFENDANT JOSEPH ZERNIK, on the interested party(s) in this action, as follows:
~
26
27
Alexa Kim
28
SMOIDOCS7148J3.1 3
SUPPLEMENTAL DECLARAnON [N SUPPORT OF MOTION
FOR SANCTIONS
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 30 of 35
cOpy
BRYAN CAVELLP
John W. Amberg (CA State Bar No. 108166)
ORIGINAL FILED
2 Jeona Moldawsky (CA State Bar No. 246109)
120 Broadway, Suite 300 JAN 0 9 2009
3 Santa Monica, California 90401-2386
Telephone: 310-576-2100
4 Facsimile: 310-576-2200 SUPERIOR COURT
5
J\ttorneys for Non-Party COUNTRYWIDE HOME LOANS, INC.
6
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT
JO
24 1;1\\: finn of Bryan (aye LLP, counsel of record for non-party Countrywide Home Loans. Inc.
25 ("COl:nttT\v-ide"). Thave personal knowledge of the facts set forth in this Second
27 evidence to support Countrywide's pending motion for monetary sanctions and for other
3 Brenner, ASSOCIate General Counsel for Bank of .America Corporation. In the letter Zernik
4 demands that Bank of America Corporation "mitigate [his] damages" relating to the present
5 action, and calls for "corrective action." Included in the letter is a purported "press release"
6 in wl:.ich Zernik alleges that Countrywide is guilty of "fraud," and accuses the Los J\nge1es
7 Superior Court of "elaborate court fraud." A true and correct copy of this correspondence is
8 attached to this decl'lration as Exhibit A and incorporated herein by reference.
9 .3. On December 11, 200H, Zernik sent another letter to ~v1 r. Le\'vis and Ms.
10 Brenner, along \vith Timothy Mayopoulos, General Counsel for Bank of America
] 1 Corporation, and \X1illiam J. Mostyn III, Deputy General Counsel for Bank of America
'"
co
::: ] 2 Corporation. to the letter, Zernik claims that he is "a victim of real estate fraud perpetrated by
00
gg
ll. .. Cl
13 Counrry\vide Home Loans, Inc." and accuses thos<' involved in the present action of
...J t: <
: ii: ~ 14 "f(lbncat!ingJ court records." Zernik demands a response to his letter by December 16, 2008.
~ >= ~
u ~ :::;
~ ~ <1
>- 0 •
15 j\ true and correct copy of this correspondence is attached to this declaration as Exhibit n
a: a: '"
m~ ~ 16 and incorporated herein bv reference.
_::E
«
...
z
17 4. Country\vide reserves its right ro subnut further evidence in advance of the
'"
1Il
18 hearing on its 1\100011.
19 j declare under pellalty of perjury under the laws of the State of California that the
22
24 CJ.uA/!<.ILJP-ftfJdwu(j
.~~sky
25
26
27
SMOJDClCS7JS392 ) 2
SECOND SUPPLEMENTAL DECLARATlON fN SIIPPORT OF
MOTION FOR SANCTIONS
-
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 32 of 35
EXHIBIT A
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 33 of 35
Mr Lewis. Ms 13rel1ne":
My rcccrds show that in carly February 200S, soon after your initial decision to takeover Countrywide, I send YO\l
written notices describing the (;onduct of Countrywide in COllrt here in Los Angeles, relative to litigation in
Samaan v Zernik. SC087400, which started in October 2005, and is still going on today.
Enclosed is a press release daled December J, 2008, titled:
Who's in Control? Countrywide's Involvement in a Dubious Los Angeles Superior Court Case Continues even
after Takeover by Bank of America; U.S. Department of Justice has tolerated the runcrway LA. court in the past 8
years, and thousands (?) are falsely imprisoned by the same court for over a decade..
Also endoscd is a leiter to various parties, please an;ept it as addrcss(:d personally [0 you with the demand fOT
imrncdi;lle action to mitigate damages, 10 sa1Cguard my civil right", 10 retum my home to my possession, to stop
my harassment by Countrywide. and JOT compensation for hann to me by Countrywide*'
Please immediately. Inn no later titan Friday, December 12,2008, 5:00pm infoffil me afyonr decision in this
regard.
Joseph t.crnik
* Countrywide here denotes Countrywide Financial Corporation (CFC) and all its subsidiaries and amliates.
joinlly ,mdior severally.
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 34 of 35
1J'9'taKy ,'gned by
Joseph 7ernik
--:::.. j) ON: cIFJO'€ph 2Nnlk,
) , ~L email=j,l234SIiICanhl,n
~etr(!;tUS
O'te: 2008.12.03
1J7:n57 -OS'CO'
PRESS RELEASE
Trtle.
Who's in Control? Countrywide's Involvement in a Dubious Los Angeles
Superior Court Case Continues even after Takeover by Bank of America;
U.S. Department of Justice has tolerated the runaway LA court in the
past 8 years, and thousands (1) are falsely imprisoned by the same
court for over a decade•..
Subirtle.
Defendant calfs for the highest priority action by the Obama administration
regarding the collapsedjustice system of Los Angeles county..,
Body
Sarnaan v Zemik stems from a dispute over a real estate transaction, entered by the
parties In 2004 for purchase of Zernik's Beverly Hills residence by Samaan. "She was a
straw buyer, and everything star1lilg with her Pre-qualificauon Letter and IJer Loan
Applications and continuing in the lawsuit that was filed a year later was part of an
elaborate series of frauds,· states Zernik. Indeed, an opinion letter by nationally
acclaimed fraud expert Robert Meister shows that the signatures on both the
prequalification letter and the loan applications were forged. Claims of such fraud and
other instances of fraud by Samaan, by Countrywide, and by the LA Superior Court,
were made by Zemlk in court papers throughout the litigation. Regardless, on August 9,
2007 Judge Jacqueline Connor· best known for derailing the Rampart trial in 2000 -
held a summary judgment hearing, and rendered summary jUdgment in favor of
Samaan. 7ernik was required to sell the property to Samaan for over $1.8 million.
However. to this date, that judgment has never been entered.•Judge Connor and
Samaan's counsel (Sheppard Mullin) engaged in a convoluted fraud regarding the entry
of the judgment. Therefore, there was never a valid effectual judgmenl in this case". A
case with no judgment leaves Zernik exposed 10 unending litigation.
"Had there been a valid enteredjudgmenf claims Zemik"1t would have been the
foundation of Pasternak's appointment: Instead, court transcripts show that while
claiming to appoint Pasternak Receiver for execution of the judgment, neither judge
Segal nor counsel for Samaan recognized the judgment as valid. Accordingly, the
judgment was never referenced as the legal basis for the appointment, neither was any
section of the code. "Judge Segal and Samaan's counsel, In collusion witll Pasternak,
issued, but never entered, a fraudulent appointment ordet', says Zernik "had there been
a valId judgment and a valid appointment. Pasternak would ha~'e issuod a Wnt of
Execution, and with that, he could have filed a genuine grant deed. And had this been a
legitimate transfer of title by the court, Pasternak would have given me the money no
,'ater than 30 days from the date of the sale, as required by law'
Zemik had moved out In November 2007, as was his plan ever since 2004. but also
under threat of use of force by Judge Segal and David Pasternak. Samaan began
occupying the Zemik's residence in December 2007. Later, Zernik found out that
Pasternak filed a fraudulent grant deed transferring the ownership of property to
Samaan. James Wedick, a veteran FBI agent and acclaimed fraud expert (best known
br his role ,n the probe where six members of Congress were found guilty of taking
bribes in 1981). confirmed the fraud in the execution of the grant deed by David
Pasternak, purportedly on behalf of the LA Superior Court.
In late January 2008, since he had not received any proceeds from the purported
escrow, Zernik brought a motion for the court to distribute to him his equity which
purportedly was held by Pasternak following the sale of the property to Samaan. Judge
Case 05-90374 Document 260-22 Filed in TXSB on 05/08/09 Page 35 of 35
Friedman denied the motion and instructed Zernik never to bring such motion again or
face sanctions.
In court papers Zemik claims that the elaborate court fraud in this case was based on
fraudulent records produced by Countrywide, '.\!here Samaan's husband was a "loan
originator". Indeed Countrywide has regularly appeared in this case - represented by Bryan
Cave, lLP. In papers fifed in court, Countrywide routinely referred to itself as "NDn-Party", but
the court interchangeably designated Countrywide as 'Plaintiff, "Oefendanf, "lnleNenor',
•Cmss-Defendanf, and more. •Fraud in court by Counlrywide is not unusual al alr claims
Zemik 'It was their routlllc all overtlJe U.S. Tile only unique feature here was the col/usion
by the court. JUdge Friedman threatened to jail me if I ask nis friend Sandy {Sandor Samuels
- fommrty ChIef Legal Officer Df Countrywide and Presidenl of Bel Tzedek] anything about
lhis fraud ,. Indeed, a 72 page rvlarch 2008 opinion by US. District Court in Texas Judge
Bohme rebuked Counlrywide's legal practices in his court, and in courts around the U.S
Since Jul,' 2008. Countrywide no longer exists as an independent entity Control of
Counirywide is now by Bank of Amenca, following a Janua'Y 2008 stock market crash of the
Countrywide share. prompted by exposure of its legal practices in a Pennsylvania court
"VV/lat took place in the Pennsylvania court is a child's play in comparison" says Zemik. "And
it is not clear at aI/ tr,at Bank of America even knows what Countrywide is doing in Los
Angeles, even today". At present, Bryan Cave, LLP refuses to disclose whom they represent.
"Judge TeITY F-'liceJman issued a fraudulent notIce for a November 21, 2008 proceeding,
where ho concealed Countrywide's participation TIlis is 110 exception, - says Zemik "JUdge
Conn...,r and Judge Segal (lid just the same. TIIIJre is .no Vial to explain this as a tnle court
caso" says Zernik "Does I erry Ftiedman. have an assignment order? Doos he Iwve any
authority in Ihe case at all? And for that matter, did Judge Segal have an assignment order?
Oid .Judge Connor !lave one? Was the November 21, 2008 notice, issued in the name of
CIeri< Clarke an autfrentic Superior Court notice? Is the case as a whole. 8 true case of the
California Superior Court system? How is the court alfovved to deny me for the fourth year in
a row access to my own litigation records? How could Samaan file papers for Ihe
November 21 hearing, be designated ·pos/-judgment Malian", when net1fwr she nor the
court flave over acknOWledged the August 9, 2007 judgment? The Presiding Judge of
the Court, 117e Clerk of the LA Superior Court, their in-house attorneys and the outside
counsel they retained are refusing 10 answer any questions regarding this case for half a
year now The court is taking the Fifth " Indeed, both the Register of Actions, and also
the online Case Summary indicate that jUdgment in this caSH is still pending
·'n fact, it is an En/erprise-track case" says Zemik "If reflects corruption of Ihe civil division of
LA Stipenor Court that is Ihe mirror image of comJption of the criminal division documented If)
great detail in the Rampart scandal investigations. How could anyfxxJy expect anything else?
.It is the same judges after ali... "Indeed, 1hz protagonist - Jacqueline Connor - is one and
the same in both cases. The Blue Ribbon Report of the Rampart scandal (July 2006),
showed that those who were confirmed innocent in the initial Rampart scandal investigation
by the Board of Inquiry (1998-2000), but had been falsely convicted and imprisoned by the
lA Superior Court. were still falsely imprisoned in 2006. Mosllikely they number in the
thousands, and some of them also had confessions extracted through torture Such crimes
were called 'heinous", and "characteristic of the most represSIve dIctators aod police
slates'*"' But the 2006 report described in great details that LAPD, DA prosecutors, and LA
Superior Court JUdges were blocking the release of the victims of such cnmes for almost a
clecade.
"Tl18 LA County 8upen'or Court IS still haleJing thousands of people falsely imprisoned'
concludes Zemik "Most of /flem are likely to be black and minorities. It undem1;nes any
dall17 of legitimacy by govemmenl In this country. The new administration mllst not let
fillS stan(H
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 1 of 26
FOOTNOTES:
CounlrywJde here denotes Countrywide Financial Corporation, Inc, and any and all its subsidiaries and
affiliales. jointly and/or severally.
All referenced malerials, indUding court records and correspondence with FBI and US DOJ can be
found a1: http://inproperinla.coml. listed Below are some of the speafic key references.
Erwin Chemerinsky, today Dean, Irvine Law School, in. 57 Guild Pract. 121,2000
REFERENCES:
1) \lJtpjfjoPlQPsIi!l!jMQ.rnLq~W~slions-to-presidin9'iudge·&·derk·s.pdf November 30, 2008
leiter by defendant Zemik to Presiding Judge Gzuleger and Clerk Clarke of LA Supenor Court.
2) hltp:I!lnpropennla.comf()7-12-17-opinlon-leller-fraud~n-9ranH:leeds-s.pdf Wedick's opinion letter re:
Pasternak's Grant Deed
3) htlp:/ftnorooerinla.comI04-09-C7 -{)pinion·lener-fraud·in-preQualif~./)n:J~"er·s.pdf M eister's opinion
leller in re: Sarnaan's pre-qualification leller.
41 hIIp: l/inproperinla. com/04 ·09·27 -opinlon-letter..!r;Iud-ln-loa n·applications-signature -so pdf Meister's
opimon IeUer In re: signatures on Samaan's loan applications with Countrywide
SJ htto:I;'nompe/inla.comi04-09-2 7.doe-40-samaan-lrauifulent :loan-aoolications-s .pdf Dela.le<j review
of fraudS 11\ Samsan's loan applications with CounUywide in records filed in U.S. District Court.
0) h!tp:/linpro'p~~nla.coml04-10-26-opinion-lel1er·counlrywide~JIl<1erwritinq-1eller-<lg:~§:.~
Meisler's opinion letter in re: fraud in CounUywidc's underwriting leller.
7) !:!!Jp.J['!}P-roperinla.comlO4-10-25-dOC-45-counll'{Wide-fraud-«>nlrad-recordj:>Qf U.S. District Court
filing describing lhe fraud in Countrywide's Teal estate contract record.
a) hl!p:/IinPToperinla.comI04-1 0-26-doc-¥-counll'{Wide-fraud-underwriting-letfer.pdf U.S. District
Court filing desC11bing the fraud in Countrywide's undelwriting letter.
9) b!!Dlii!!Q!Qperinla.com/07-Q8-09-judgment&order:9ranting'!>Jmmary-judgment-s.pdf Augusl9,
2007 Judgment by Judge Connor. rendered but never enler,)(j, and a corresponding order thaI
served as the basis lor the fraud by the court.
:0) !1!!P.:lfmpmperinla comIOB-09-0B-congressional-asslslancc-sl!!!! Correspondence with f'BI and
U.S. Dept of Justice
11} http://inproperillla.com/OB-OG-03-denial-of-access-book-<:>f-juclgmenH;;:-mccoy-letters- s.Pe!!
Presiding Judge's refusal to answer regarding existence of )"dgmenlln (Samaan v Zemikl.
12)1]J!pd!JDP.ropennla. com/OO"()()·OO·la-sup= ct· regisler -of.::.~ctioill-suslain-08-11-14-certified::.sj:>Qf
November 14.2008 Register of fictions in Samaan v Zemik (SC087400)
13) .t>J!p'jLiDPf.Q~nla.comI08:11~3..0-case-~mY~s.p'c:jfNovember 30. 2008 Case Summary ,n
Samaan v Zemik (SC087400)
14} hllp:Ilinproperin!1!..g>m/OQ-OO-OO-rampar1-blue-ribbon-review- p.anc 1-200B-report.pdf Blue Ribbon
Report of 2006. describing the fa,lure to release tllose falsely imprisoned In LA County as part of
the Rampart scandal
('.A)NT I,CT:.-
Or Joseph Zemik
Tel. 310435-9107
lma;!. )z12345@earthlink.net
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 2 of 26
.. The rule of law must never be confused with tyranny of the courts"
A"""J""OUs
RE: I) Fraudulent conveyance of title and real estate frJud on real property commonly known as 320
Soul h Peek Oriv{'. Beverly Hills, California, 90212,2) Samoan v Zemik (SC089400) fraudulent
litigation at the Lo~ Angeles Superior COllrt ofthe State of Call fomi,1 , 3) Racketeering in the Los
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 3 of 26
Angeles Superior Court, 4) Thousands ofinnocent people falsely imprisoned in Los Angeles County,
California.
I had no background and no fo011al training in the law, economics, banking or mortgage lending, and yet by
,!w..lliiID~ 2007, I figured
out the bu.,iness modd of Countrywide and the nature of AnglOlo Mozilo and Sandor
Samuels' fraudulent conduct sufticiently well that I filed complaint> with the FBI, and then also with Banking
Regula\ors such as Oflicc of Thrift Supelvision and Office of Feder"' Trdde Commission. I claimed Ihat
Countr:/widc was involved in massive fraud against the U.S. Govemment and the American tax-payer.
By March 2007 [ was able to come up with initial rough estimatcs, which indicated potential liability to the U.S.
Govcmmenl in the hundreds of hillions of dollars (in retrospect - a conservative estimate). I also wrotc a series of
open lerters to the Board of Directors of the I louse ofJustice - Bet T7.edek. I warned them that an organiT.1tion
that purports 10 be the "I louse of Justice" mllst never allow Sandor Samuels to be the President of its Board of
Directprs. I warned them that he was personally involved in fraud against me, and that tens oftholl'xmds of
familic" would loose their homes as a result of his business activities (in retrospect a conservative estimate). Bel
Tzcdck Board of Dircct()rs never responded to my alarming messages. But Countrywide, Sandor Samuels. and
Angelo ,i\1ozilo did. They retained Bryan Cave, LLP, 10 harass me, to retaliate against me, to intimidate me, and
to supervise the perversion ofjustiee under the guise of litigation in '.he I ,os Angeles Superior COlll1.
On 1ll!.Y 6. 2007 stich wmpaign was initiated with an ex parte appearance, for a gag order against me inlhc dark
courtroom Df Judge Jacqueline Connor, who remained in chambers - nowhere to be seen - with no recogni7.able
clerk oj the COlll1 in altcndancc.
By mid- 2007 imd more so by (he beginning or:zoo~ r figured out the business model ofrhe Los Angeles
Superior Court sufficiently well that I understood that Samaan v Zcmik (SC087400). in fact never was a true
C<l$C of,he SuperiorCoun of the State of California, hut instead, a case oftlle "Enterprise Track" ofthe Los
Angeles Counly judicia!)', designated a'i such by Judge Jacqueline Connor even before the complaint was filed.
r gradmlly leamed more about Sustain, the r.os Angeles Superior Court's computer system. realizing that such
:,-ystem was qUintes,scntial fOT the operations ofthe Enterprise in the foml it is manifested today. This system was
procured and installed arOlmd 1985, oul of compliance and in violation of the law, by a company by d1C samc or
similar !lame (Sustnin or Sustained), which is solely controlled by the Daily Journal, the largest legal newspaper
jn Los Angles. a fact that is apparently unrecognized in the legal community. Amund the same time, the
Honornble ROllnld George, today Chief Justice of the California Supreme Court. held varioll<' leadership
positions in the U)S Angeles Superior Court.
H. BC)'und Real Estate Fmuds -the Rampart Scandal
tn recenl months, I tried to hetter underst:md lhe scope ofoperations of the Enterprise beyond real esLate and
other litigation Ii-dUGS, and the unique position of Judge Jacqueline Connor relative to organi7ed crime in Los
Angeles. I studied the history ofthe Rampart scandal (1998-2000), euphemistically named the Rampart-Area
Corruption Incidcnl 'me Blue Ribhon Review Pl1ncl report (JUly 2006), makes ilaOtmdantly clear that the
activities tharacteristlC oflhat scandal were never limitc.x1 10 the Rampart area, and were and probably :,1ill arc
endemic. Hot an isolCltcd incident at all.
fur:hcrnlore, ) soon re~li7ed what the main goat was urthe authors of that report: First - to document what they
called the "submIt ofcriminulity toleruted in the ranks" ofthe LA COlUlty justice system -- and second. to
docmncJ ,l how suchjllSlicc system is preventing the release from long lenn false imprisonment ofthe thousands
1)1' pcopk, who wen: repc<lledly conjinned by several successive inv~tigation committees as innocent but framed.
Evclltoday, ten years allcrthe scandal was exposed. nobody knows the exaCl scope of it.
Em-in Chem{'rinsky, today Founding Dean, Irvine l.aw School, described it already in 2000 as follows:
"Any analysis of the Rampart scandal must begin with an appreciation of the heinous nature
of what the officers did. This is condUct assoCiated with the most repressive dictators 2nd
police states. '
And David Burcham, ))ean of tile Loyola Law School, with Catherine Fisk wrote in 2000:
'., .judges tried and sentenced a staggering number ot people for crimes they did not commit
How could so many participants in the criminal jL'stice system have failed either to recognize
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 5 of 26
D. lJnanswcn.'(] QUl~tions
1) LA Superior Court
I have lx:en denied aC{'C5S to my own Ijtigation records in Sustain throughout this purported litigation. and I hold
that had I been allowed access to Sustain, none of it could ever have 1-Jappened.
Since :!y'!lC 2008, the office of Presiding Judge of the Los Angeles Superior Court, Stephen Cwlcger has been
rcftl5ing to answer the simplest questions:
• Is Samaan v Zernik (5C087400) a true case ofthe California Superior Court?
The simp/eM answer would have been 10 allow me access through SllSlain fo Ihe Bnnks oj
('ol/rl, tlll' bldex ofAll ('cL<e.l". Calendar '?f/he em:rlS, efe. 77wI is Slill denied
• .Is there or isn't there an en lerro, effectual Aug 9, 2007 Judgment in Samaan v Zernik?
1 was robbed ofmy home purportedly pursuant/v such judgment But if is ohvious lhar no
such l'aJid effecfual judgmem e'isls.
Is there or bn't there II judge duly assigned to Samaan Y Zcrnik ?
.J!I,~~e Terry Friedman slill hold~ rhe/ile. and cominues ilis mcke/eering/rom /he bench
<i Mar/ill Rerg- f)ni~f' Journal, and Ronald Ge/)r~e - Cllief.luMice ofthe California Supreme Court
Mr Martin Berg. Editor ofthc Daily Journal, and the Hononlble Ronald George, ChicfJusticc. California
Supreme Court, have l~lj led to respond as well. The questions addressed to them was and is:
• What waslis your role in the design, inst:llllltion, maintenance of Sustain in LA Superior Court?
• Do you hold the operation of Sustain, as seen today, in compliance with the law?
• Do you consider that a public disclosure on your part in this matter is requirro?
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 6 of 26
Would Bank of Americ..1 Corponllioll ensure that no further abuse is perpetrated ill the lIame of
Countrywide?
• Would Rank of America Corporation rC\'icw the records and provide eompenslltion for damages I
suffered through Countrywide's actions?
4) (J....' (' Credit Unioll
Tile linal sleps in 11K' theft of my home in December 2007, could never have happened without help from wilbin
USC Cr ~dit Union, for ,'0 reasO!l al an. <JIld in violation of the USC ell fiduciary duties to Iheir depositori
member,
• What was the justification if any, for the conduct of USC CU, in colluding in the theft of my home
hy the I':nterprise?
• Why i5 the USC ell refusing to implement basic standard procedure consistent with "sound
hanking principles"?
5) City (1/ Bcverly Ilills and its Police Departnu'''t
During lil~ harassment that preceded the theft of my house, I approached the Beverly Hills Police Department for
protection. on several occasions, At all times. the Beverly Hills Police Departmcnt absolutely refused to provide
protection, or lO investigate, no maIler how strong the evidence produced in support of my complaint wa~, This
month I 9rovided the Mayor and City Council a short overview ofthe situation, The f(ll!owing questions are
addrcssL,j to the Mayor and the City Council of Bcvcrly Hills:
• Hcganlless of the conduct oHhe District Attorney, was tbl~re!is there any justification for the refusal
of the Beverly IJills Police Department to protect me in this case?
Would the Mayor' and City Council take immediate action to compel the police to perform it~ duties
provide report arits investigation liS soon as possible?
"lOti
E. The scope and mst of the problem -Organi7'oo crime in 21" century
Abuse ()f civil rights in Los Angeles County is on a scale that is beyond comprehension. The only way to
rationalize the situation, is that Los Angeles County was ahandoned by the U.S. Government. Federal
agencies lost control to the Enterprise.
Such conditions must not be allowed to persist. The cost of this Enterprise to society in Southern Califomia
and the economy ofthc United Stiltes is prohibitive. The emergence of Countrywide as a corrupt
organization and the suh-prime crisis that followed, could not have taken place had it lIot been for the
generalized, fraud· friendly. crime-permissive conditions established in LA County hy the Enterprise. I\nd
the cost to the IJ.S. economy of the sub-prime crisis alone is in the trillions of dollars.
This case shows Judge Jacqueline Connor, representing corrtlpt government, as the conlrolling party in a
joint effort of Sandor Samuels and Countrywide a corrupt mega corporation, smalltime practitioners of
white t-uJlar crime such as ~jvie Sam1l3n, Jac AnI" Lloyd, and Victo.' Parks, facilitilted by large law firms
such as Sheppard Mullin and Bryan Cave, LLP. And in the face of such onslaught of a fraud machinery,
all others yield and join the winners in a frenzy of frauds: lawyers, escrow, regislrar/recorder, realtors, and
conSllm'~r banks.
This is the true face of organized crime in the 21" century in LA County, California, The collaboration of
Victor I'llrks, .lac Arrc Lloyd :md Countrywide in their fraud against the U.S. Government in submission
ofloan applications. was coordinated through the computer networks of Pacific Mortgage Consultants.
and the mega fraud of Countrywide itself - in undcT\-\Titing of unworthy loan applications, was
mas-terrninded by Ed~l' - ('ountrywide's underwriting monitoring system, which in this case was seen
operating as the camouflage system for violation of banking regUlations. And the overall coordination of
this consortiulI1 of crime was exerted through minute orders produced in Sustain the Superior Court's c(!se
management system. provided hy the free press ... the Daily Journal.
And lacing such massive power, United Title, Mam Escrow. Coldwell Banker and Michael Libow, and
USC Union. and the office of Registrar/Recorder, Att Charles Cummings, Att Zachary Schorr, and All
Thomas Brown. all gave in, hoping to get some of the crumbs.
Jacqueline Connor derailed the First Rampat1 Trial in 2000, in public defiance of the rule of law and [he
power of the U,S. Government Response of the U.S. Government was inadequate and simply non-existent.
'111e Consent Decr<.>e ~(Jrmulated under the watch of Alejandro Mayorkas, then U.S. Attorney for Central
District of Califomia. fal:;ely put the blame entirely on the LAPD, nnd left the LA Superior Court free to
continue the wrongs. Therefore. ineffectual office of the Overseer was made cerl3in. A~ a result, local
branched of U.S. agencies arc powerless in LA today against the Enterprise.
F. Proposed Solutions:
Solution must come bv wav of the U.S. Govcrnment.
With hc;lp from the co~mg~o\ls Honorable Diane Feinstein, Senalor, and Ihe Honorable Diane Watson,
Congre~ 5Wom;m. J pressed the FllI and US nepartment of .JI/stice to take action. 1 argued that the
minimal. most effectivc way to approach this situation is to enforce Common Law/First Amendment rights
in Los f.ngeks Coullly. pursuant to .Nixon v. Jfarner Comrmmicwion... , Inc., 435 U.S 589 (1978) where the
l :.S. Supreme Court affirmc:d "'th!! cummol1-frJw right to inspect and copy judicial records" Los Angeles
County is unique. I hope. intbc United States in concealing t.he Books of Court .. the Index of All Cases. the
Calelldm or lhe Courts, the Registers of Actions, and the Book of Judgments. I believe that such a simple
step as sl:iling the computer systcm of the court and opening it for public access, as required by law, lor the
first linw in over a quarter of century. would be sufficient to effect a major change in the administration of
iustice in L\ County. first :md foremost·· to [he freeing of those falsely imprisoned.
I also filed a propos;d with the Judiciary Committees of the House and Senate, and with the U.S.
Department of Justice pertaining to computers of the courts in the United States. meant to ensure that :;uch
problem:; arc not seen in an) court in this country again.
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 8 of 26
Joseph Zernik
1 Cop'es of the grant deeds produC€d by Att David Pastemak, former president of House or Justice - Bet TZedek.
purportedly approved by the LA Superior Court, and then filed in the office of Registrar/Recorder, can be viewed at
httojflNvo.wlnproperinla.coml07 -12··17-ppinion-letter fraud-in-grant-deed~f
Tne fraud in such actions was confinned by an opinion letter of Veteran FBI agent, James wedlck, commended by the U.s
Congre<.;s, the U.S. Attorney General, and the Director of the FBI. for his contribution to stemming public comrption in
Califomia govemment
cc
James WcdicK
Judicial~,' Committee of the u.s. House of Representatives
Judiciary Commiltcl: ofthe u.s. Senate
Office of President Elect
Officc ofVice President Elect
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 9 of 26
EXHIBITB
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 10 of 26
DIq'I:ifJy $,Jqn~tJ
b,», )os.fphle-rrl1'1r;:
DN:,n~}csl!'ph
2~tl\lk.
).~ e-rfYfJ::j1tn"s@
(,jnbhnk.nel..
t'"·U~
OZ>l~:1OOS.1111
, Opinion of Judge Bohm (US. Court. Texas) rebuking Countrywide's litigation practices
http://lnproperin!a.com/08.0~-D2-u6-<ljst-ct-la-1-(equest-iudicial-notiC<:H:ltt-fine.judgG-bohm-recrealed.letters-s pdf
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 11 of 26
A. NOTlCES
1. Please Take Notice: Harassment and intimidation bV CountrVwide continues even today.
1laving had no business with Countrywide, and initially not even knowing about
Countrywide's involvement in the case, it took till December 2006 before I discovered the
fraud and requested directly from Mr Sandor Samuels and Mr Angelo Mozilo to stop it,
which they refused to do.
Instead. Countrywide started on July 6, 2007 a campaign of harassment and intimidation.
Sandor Samuels declared himself"Parly of interest in the case in early 2008, Bryan Cave,
LLP, was retained to represent Countrywide, and such counsel started appearing in this case
on a regular basis, without any defined party designation. As it tumed out, several of the
judges of the LA Superior Court were also Mr Samuels' personal friends.
I !nlst that BOA would never knowingly continue i.n such conduct as took place under
previous leadership of COlllitrywide. I am eager to bring this sordid tale to an end and move
on with my lite. Therefore I am again \witing to notice you and demand your attention to
this seriolls matter. now under your watch.
I looked lorward to Ule takeover by BOA, since I expected it to be the end of my
harassment and abuse. I therefore also sent Ms Brenner, Mr Lewis, Mr Mostyn lll, and
others on the Board personal notices in early February 2008, alerting you to the situation in
Ihis matter, and requesting that you take care ofthis matter as soon as change ofcontrol was
completed.
In response, ( received a non·specific retter, dated Feb J8,2008, signed by Regina Parker,
':lnlfnfthe Chainnan's OffiCC.2
2. Please Take Notice: Current cOit/radie/foIlS regarding illenfitv O[COlltlSeI (or Countrl'wide,
which must be resolved.
And once the change of control was completed, harassment and abuse continued, just a<;
before, under the guise of legal action in LA Superior Court.
I would still like to believe that what is taking pillce in recent months is done without your
knowledge. and there were good reason to suspect so, because the court, among its most
recent frauds, was again !lying to hide the involvement of Countrywide, by deleting the list of
parties and counsel from fomlal court notices, out of compliance and in violation of the law.
Therelorc, at the end ofJast week 1called the offices ofMr Mayopoulos and others in the
L(~gal Department, in an attempt to confIrm whether those who represented themselves as
Counsel for DO A, while going on with racketeering in the courtroom in LA ~ Att John
Amberg and Jenna Moldawsky, of Btyan Cave, LLP - are indeed authorized by BOA.
Indeed, your Legal Department had no knowledge ofengagement of Bryan Cave for
representation of130A in this matter. Instead, your Legal Department instructed me that onlv
Mr Todd Book of Countrywide Legal Division was authorized to represent BOA in this
matter. Your legal department also erroneously noted that there was pending matter-
litigation by me against Countrywide, and therefore against BOA, which prevented further
direct communication between me and the BOA Legal Department. 1 believe that such direct
communication could bring this travesty to an immediate end.
Soon afterotards, 1uied to comnllmicate with Mr Book, following instructions of your Legal
DepaItlllCllI. Mr Boolc. n.:spumJcd by falsely claiming that a) I was prohibited by a pwported
court order from communicating with him. Such condition would of course be absurd. since
this was protected speech, him being Counsel for Countrywide designated by BOA Legal
DepartJlll:lIl, ,HId 1 <UlI a pro sl; lkft:m.lal1t jl11his U1se Mr Book also purported Ihat I was onlv
allowed to communicate with Bryan Cave, LLP.
Obviously, Mr Dook's email, which came within 24 hours from my phone conununications
""ith your Legal Department was diametrically the opposite of what I was instructed by your
offices.
a. Please Take Notice: All three individuals listed above: Todd Book, John Amberg, and
Jenna Moldawsky were deeply involved in the racketeering against me in recent years,
under Countryside's previous leadership. Accordingly, all three of them have major
conflicts of interest in this case, since they are likely to be personally liable pursuant to
both civil and penal codes (both California and U.S.) in this matter. Moreover, all three
have allegiances with Mr Samuels, who personally led the racketeering in this case, and
who still lists himself as "Person in Interest". He probably hns the highest liability in this
case. I consider the conduct ofTodd Book, John Amberg, lenna Moldawsky, and Sandor
Samuels as at present an attempt to keep their turf regardless of the change of control and
the changc of guiding policics that came with it. I doubt that they be;;st serve the intcrests
0[£30A in this matter.
b. Please Take Notice: 1 hold that continued assignment of any ofthese individuals to
represent BOA in my case is inconsistent with the stated policies of the BOA Legal
Department, claiming adherence to ethical conduct.
3. The judges in Ihi.. case, including Judge Friedma"l, who purports 10 have autllOritv in
Ihis Clue at presmt, had been tied to Samuels, and without exception had no valid
~lssig1l1nel1t orders, as required by {mv.
a, Please Take Notice: The purported JUdge in this case, Terry Friedman, is an old friend of
Mr Samuels, hut Judge Friedman refuses to disqualifY, and also refuses to provide any
statement on the record, as required by California Code ofJudicial Ethics, Canon 3E(2),
relative to the nature of his relationship witll Samut:ls and CounlT)'\vide, and any ftnancial
hcndits thaI he or fnmily members residing wilh him may have fi",r:-eived from Snmucls
and/or Countrywide.
b. Please Take Notice: Judge Friedman, who is holding the court file in this case for almost
a year now and acting as presidingjudge for all purposes, is doing so with no assignment
order. like all other judges in this case. out of compliance and in violation of the law.
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 13 of 26
c. Please Take Notice: DisqualificationirecusaJ of Judge John Segal, prior to that, directly
involved Countrywide. Tn his recusal statement )Judge Segal claimed that Country""ide
was "merely a witness" in this case. But elsewhere in the same st3tement, Countrywide
was once designated Defendant, and another tim(: yet another party designation.
d. Please Take Notice: Judge Segal, who held the court file in this case from October 5,
2007 to December 4,2007. and acted as presiding judge for all purposes, never had the
case duly <ls~igned to him by order of the Supervising Judge, as required by law.
e. Please Take Notice: Judge AJJan Goodman, who held the court file in thil': case from Sept
11,2007 to Oct J, 2007, eventually rec.used citing his ·'.• longstanding close personal
relatiomlJip witlt tlte General Counsel of Countrywide"" - Sandor Sanmels.
r. Please Take Notice: Judge Goodman, too, had no assignment order to this case.
g. Please Take Notice: Judge was first disqualified for a cause in open court on July 12,
2007, and the causes listed mostly relimed to her treatment or Countrywide in the court,
beyond preferential - out of compliance and in violation of the law. She deceitfully
ignored the Disqualitication for a Cause, ruling it was an untimely Peremptory Challenge.
II. Please Take Notice: Judge Connor was disqualified lor a cause a second time on Sept 10,
2007, again, much of the Statement of Disqualification referred to her treatment of
CountJywide in COllrl.
i. Please Take Notice: On Sept 11,2007, a day after her second disqualification for a cause.
and rccl.lsal, Judge Connor deceitfully entered a minute order ofa fictitious hearing that
was never heard and a ruling that was never ruled. to the effect that there was no fraud in
Counttywide's fraudulent subpoena productions.
j. Please Take Notice: Judge COImor, too, had no a%igJm1ent order to this case.
k. Please Take Notice: I appeared before each and every one of these judges with a request
that they notice me of their assignment order to establish their jurisdictional authority. All
denied such requests.
I. Please Take Noticc: I appeared severnl times bcf<>re Supervising Judge Rosenberg with a
request that he duly issue Assignment Order to judges presiding in this case, as required
by law, but he denied all such requests.
~ JUdgE! Segars fro udulent Recusal Statement can be VleY1.'ed at pages -183· et seq of the compiled minute orders of
Samaan v Zernik (page number -#- refers to number at lower right of each page of lhe record). Such statement opened with
a fraudulent claim "Although Judgment was entered on the complaint In this action before thiS action was assigned to
the undemigned judge.... In fnet even lodny, the office of Presiding Judgo and the Office of the Clerk of the Court
re:use to certlfy the eXistence of an entered judgment in this case, and also refuse to certify the non-existence of
enterG<! judgment In this case The true tacts in this m<ltiar <lre that LA County Superior Court no longer keeps a Book
of JUdgments (eilher electronic or paper-based), in violation of the law. and also in violation of itsQwn Local Rules of
Court.
rltp llinprope nn!a. com!OO-DO-OO-Ia-sup-ct-minute-orders-etectroni<xase-flle-D8-11-14-full-certil-s.pdl
JUrlgp. Goodman Rer.:uMI statement rAm be viewed at paoe -95- et seq of records ~nked in 3) above
5 Fraudulent minute order enlered by Judge Connor cn Sept 11. 2007, after disqualification and rewsal on S8pt10. 2007.
purporJIlg to record a fieti~ous hearing and fictitious ruting that found no fraud in Countrywide's subpoena records. pages-
81- of records linked ,n 3) above
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 14 of 26
4. Please Take Notice: No active litigation and/or pending mntters exist by Zernik against
BOA/Collntrywide at present in either State ofCalifornill or V.S. court". contrary to what
BOA was probably mi'tleadinglr informed.
1 repeatedly heard it stated by phone by individuals in your Legal Department that I was
iJlvolve.u inliligaLion against Cuuntrywide and/0r Bank of America. Such are false
statements that r wanted to correct.
Please be infonncd that cunently there is no valid li!igati9Jl by Joseph Zemik again~1: Bank
of America and/or its subsidiary Countl)'\\~de Home Loans. Inc in either California
Superior Court Qr in U.S. District Court:
fl) Samoan p Zernik (SC087400) was all along an Enterprise Case" of the Judiciary, and
H
not a genuine California Superior Court case, as indicated by the evidence. The office of
Presiding Judge and the Oflice of the Clerk of the Court, as well as their coun~1 refuse to
answer any questions on this su~ject in recent months, in fact confinning such designation
of this case. I lad the case been a true Superior Court Case, no valid CHL litigation would
have been in existence either, since CHI, corruptly asslU11ed the designation of "Non-
Party", under which the Judges nllowed it to bring uc1iol1s against Zcmik, but denied Zcmik
the right to bring actiOn<) against CHL. Such obviously could not be valid litigation of any
U.S. court system.
IJ) Zemik I' Connor (2:2008CV01550) Litigation in U.S. District Court, LA, was
invalidated from day one, when the pro se clerk refused to accept and sign valid smnmons.
and instead, in violation of the Rules of Court. insisted on producing and signing his 0\','11
smnmons - which were defective. When Zernik caught this dishonesty, and tried to present
the clerk with valid summons for the second time, same clerk again refused to issue the
valid summons, claiming to do so under order of Magistrate Judge Woehrle. Obviously
litigation with no valid swnrnono; cannot be valid litigation. Other defect., noted in thi:;
litigation, which indicate that Judge Phillips and Judge Woehrle never considered it tme
valid litigation arc:
- Failure to conduct initial case conference
- Failure to list corporate entities as require by taw
- Failure to adjudicate motions.
- Gag order set on aJlZernik's filings in court.
5. Please Take Notice: The appearance and participation orCHi in matter designated
Sunman I' Zernik was founded ill fraud and Obstruction/Perversion o(Jllstice (rom
!,egillnillg to em!
'j 'he first appearance afCHl. in Samaan v Zernik was on July 6, 2007, for a gag order, in an
ex parte application by Bryan Cave, LLP, filed with Judge Jacqueline COMor, and heard
when the court was dark, oH"the record and off the calendar. In its papers Bryan Cave, LLP
listed Country,vide as "Non-Party", but the court listed it on that day as "Plaintiff".
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 15 of 26
The most recent scheduled hearing in Samaan v Zernik was on November 21, 2008, and
there too. CHL appearance was part of fraud by the court. aimed at ObstructionIPerversion
of Justice. In this latest proceeding, the court sent notice to only 3 parties: Samaan, Zemik,
and CHL. Two other parties were omitted, out of compliance with the law. And CHL was
~dded, also out of compliance with the law, and 4hi~ time wa~ d~<;lenated a~ "Defendant."
To hide the fact that CHL was noticed as such fraudulent party, the Court used defective
notice fOnDs. and omitted the mailing list required by law in valid notice.
For tile past year and a halflhc coun has engaged in such lhmdulent litigation pmctice$
relative to CHL.
6. Please Take Notice: Sham litigation under the designation Samnan V Zernik in the LA
Superior Court was and is tlte outcome o[extensive conspir.acp by CHL San Rafael
RrmlcJ, alld its Manager -Mario McLaurin. Countrywide's Legal Division. includingAtt
Sandor Samuels and Au Todd Book, Bryan Cave, LLP ((:oWlSel (or purported 'Won-
Party" Countrywide). Samoan (purported plaintiff) , Keshavarzi (counsel for pumorted
plainti[Q• .fudges Connor. Segal, Friedman, and Rosenberg (purportedl\' judges in
litiga/ioll ofthe California Superior Court), purported Court Officers David Pasternak,
Gregory O'Brien, and others.
A rea'\onable person reviewing this case as a whole, would most likely conclude that Judge
Connor participated in the design of this fraud even before the complaint was filed, since
the complaint was made to match Judge Connor's fraud on entry ofjudgment, and it is not
likely that the attomey involved, Jay Stein. wa" familiar with all the teclmicaJ details ohhe
frdud. On the other hand., already in the first proceeding, on January 30, 2006, Judge
Connor was involved in extensive production of fraudulent litigation records, for her own
Assignment Order (back dated by 3months), for Demuner (secretly disposed/voided), and
for Initial Case Conference (conducted off the record).
While the judiciary was engaging in obstruction/perversion ofjustice, they were
continuously involved in attempts to put blame on me. From the second time I came to
court. at least one sheriff, sometimes two, and once - a shcrilrwith a German shepherd
were escorting me everywhere in the court, as a fonn ofharassment.
7. Please Take Notice: Upon review hI' a competent court it is practical/v certain that
Furious aspeds o(tlte conspiracv in Samoan v ZerniJ4 and in the (ailed real estate
{ransaetion that preceded it as well. be deemed as violation o(mulJiplesecfion!; of
r.":aJi(omill and the U.S. Penal CQaes h}' the variolls co-conspirators. including such
sections where tlte violations are counted as Predicated Acts per RICO- '18 USC f1961-
196$.
a. Conduct that is explicitly listed as Predicated Acts per RICO:
b. Relating to mail fraud - 18 USC §1341
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 16 of 26
December 11 , 2008
11 FraU'::Iulent underwntlng records as part of wire/fa~ fraud For example", 5I?e P"!JP.S CWR7-69:CW71-B9. in CHL's
sLlbpoena produClJon at:
http·/liovrntJerinl".coml07-D?-OR-cillJntrvwide-fr.:ludulent-sLJbpoena-production~-§ pdf
I. Fraudulent McLaurin's Leiter and Declarations:
hlip' Jflnprope rinlacom/06·11-09-doc-3/3-1-counlrywjde-mclourjn-false-dec!erationspdf
tLt1.lLI®prooo rinla.coml06-11·Q9..doc-38.2-coun!rywide-mclaufin-false-dedarationspdf
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 18 of 26
Z. Demand & Request: Please establish the identify o(counsel (Or Countrywide in matters
pertaining to Joseph Zernik.
Such counsel must be willing to communicate with me. I request that such counsel be an
individual who has not been involved in the racketeering in this case, under previous control
lIfCounlrywiuc. P!ca:;c. nolify mt: who :such I,;01lI1St! is. Doing so would allow immediate
resolution of the dispute between Joseph Zemik and Bank of America.. employing the
individuals listed above will not allow such resolution 10 move toward, albeit - it is most
likely at the bcsl inlen:st of EOA, Josl:pb Zl:JTlik. [lmay abo bl.:: fur tht: .,wt:fit uf (III who Iivt:
in LA County, if BOA supports steps requested by me below.
3. 1)emand: Please immediately withdraw the entire subpoena production of CHL, repudiate
it as' fraudulent on its (ace, and notice tire court and parties according/v..
/llthough not every single page in the subpoena production was fraudulent, the package as a
whole was designed and organized to deliberately mislead the reader and present the
subpoena as the true history ofSamaan's loans applications and their underwriting.
4. pemand: Please immediafeJv withdraw anv and all papers @ed in tltis matte" which were
generated br Maria McLaurin, CHL San Rafael Branch Manager, and notice the court
and parties accordinglv.
Such raper,; rlre hased on fraude; as detailed above and in fOoll1oted paper filed in court.
5. Demand: Please withdraw anv and all o[papers filed bv CHL, a party witlt neither
designation nor legal standing. from the LA Superior Court's sham litigation designated
"Samoan v Zemik", and notice parries and the Court according/yo
Bank of America Corporation must not be engaged i:l mckcteering activities where CHI..
appears in Court with no defined part)' designation, L. sham litigation where the Office of the
Presiding Judge and the Clerk ofthe Court, as well as internal and external counsel retained
for this matter, have all refused to answer in recent months such basic questions as:
a) Js Sammm v Zemik a true case duly registered and indexed, as required by law for a
case heard by the Superior Court ofCalifornia?
b) ls Samaan v Zernik a case listed in the Calendar ofthc Courts, as required by law for a
case heard by the Superior Court ofCalifornia?
c) Is there a judge duly assigned \0 this case, as reqUired by law for a case heard by the
Superior Court of California?
d) ls there a valid, entered judgment in this case, alternatively - is there no valid, entered
judgment in this case?
6. DemomJ: Please institute internal and external review oftltis matter as required by
hUflli.ing laws l/ful regula/iolls, tmd also report to the authorities regarding lite conduct of
il!dividuals, when required to do so by law.
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 19 of 26
I will fully cooperate with investigative procedures duly instituted in compliance with the
law.
7. Del1umd: Please issue to Zemik declaratory statement, to tlte effect that:
a) BOA will take immediate action La mitigate damages.
b) BOA will assume responsibility for compensating Zemik for damages resulting from
the past and present conduct of CHL,
c) BOA, in coordination with Zcmik, will employ all necessary legal measures to vacate
any and al) orders. decrees. judgments that appear in the record, ami were purportedly
the products of litigation in the Superior Court ofCalifomia,
d) 130A, in coordination with Zemlk, will employ all necessary legal mea<;ures to remove
flom the records in the Office of LA COW1ty Registrar/Recorder the fbudulent Grant
Deed I)tiled there by David Pasternak. Officer of the Court, on behalf of the LA
Superior Court.
c) BOA, in coordination with Zemik, will employ all necessary legal measnres to
immcdiutcly rcturn the property commonly knovm as 320 South Peck Drive, Reverly
Hills. 90212 to Zemik's possession, and to compensate him for the unlawful
occupancy of his property since November 2007, and any and all damages related to
the use of the property or its condition upon repossession.
f) BOA will entcr negotiations with Zcmik in re: compensation for any incidental
damages and resolution of the dispute stemming from Samaan v Zemik.
8. Request: Please join and (lIllv support requests already advanced bv Zemik t!tat the
Judiciary Committees o(bothHiJllSe and Senate initiate in the upcoming session or u.s.
Congress /lrgent heori/xgs regarding:
a) Ongoinl1 i~ilure of the ju.<;tice system in r.A f:ounty, from the Rampart to
CountIywide.
b) Wide spread publ ic cOITuption and wide-spread abuse of civil rights in LA County,
c) Actions required in attempt to restore an adequate justice system in LA County
d) Actions required to eruorce the Bill of Rights, as well as Common Law rights for
access to judicial Records per Nixon v Warner Communications,
e) Actions required to affect immediate release of all those who were con finned as
innocent, but are falsely imprisoned in LA CO\..L'1ty since before the Rampart scandal
(1998).
'3 Fraudulenl grant deed was filed on Dec 17. 2007 by David PaslerMk. without ever isSUing 'Nrit of Execution or Abstract of
Judgment The fraud in such Grant Deed was confirmed in notarited opinion letter of veteran FBI agent. James Wedick.
decorated bv U. S. Congress, FBI Director. and U.S. Attorney General. Please view at
ttltp/linpropennl;nomJ07-12-17-opinion-Ietter-fraud-in-orant-deeds-s. pdf
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 20 of 26
C CONCLUSION
I hold that in due course it would be fully recognized that Countrywide and some at the LA
Superior Court were the dominant forces in organi7.ed crime in LA County in recent decades.
Thai much can be gleaned even from the little evidenced in this letter. Such conditions are
inherently tied to the installment of a fraudulent case management system at the LA Superior
Comt circa 1985, and the concomitant elimination of Books of Court that are public records, as
required by I:.rv.' I 4• 1 hope that BOA recognize such facts and take appropriate actions, as part of
its control of Counh)'\'iide. and as part of its corporate IT'sponsibilities.
I hope that this dispute will be expediently concluded with efforts for the benefit of all those \\'ho
live in LA County, ilnd partiL:ularly for those whose basi..: rights and liberties w~r(; abused ill
recent decades by the court and police. With the passage of time such goal became imperative
for me, since it was the only explanation I could find for this entirely crazed conduct of senior
IlUlIl1:tgCTIlI;;J1{ in Cuulltf)'wilk, JlIdgf;::; Uflhtl Su~riur Courl, and Couru;el from :sum\; uft.h~
largest law firms in the world -1hat it was all meant to bring about the release of those who were
J~llsely imprisoned and were and are the weakest and most vulnemble of all.
I hope that all issues related to Samaan v Zernik be expediently resolved in a manner that would
also be hailed as a prime example for the contribution ofone afthe largest corporations in the
U.S. to the resolution of major public policy problems.
Sincerely.
Joseph Zernik
cc:
b. U.S. House and Senate
" The collUSion of the Court of Judge Connor and CI-fL In the perversion and obstruction of justice, the production of
fraudulent trial court litigation records, the central role of the frallclulent case management system and the denial of public
occess to books of CO'Jrt. arc all fully demonstrated in the Register of Actions, where Judge Connor prominently posted on
July 24, 2007 a note designating CHL OREAL PARnES IN INTEREST", wt1ile CountryNide - even today absurdly claims to
be 'Non.Party", At the same lime Judge Connor referred to my daims in court - !he CHL was behind this liligafion as
'Conspiratorial Theory" TIlal note was fraudulently back-dated to the absurd filing date of July 24, 2004 - prior \0 the fifing of
thp. c:ornplainl I and my muose! werE) rlenled access \0 any paper or elec:ronic DOurt mcorrts for almost:? years. Once I was
allovled to see copy of the Register of Actions (I am still denIed 1h~ nght to inspect and to copy even today), I disCOvered this
and many other frauds by the court in litigation recoms. as is elsewhere documented. After I doromented this particular fraud
by the court in papers filed in both the Superior Court and in US. District Court such notes disappeared from the Register of
Actions, with no notaticn. n'J nunc pro tunc order, and no notice to parties.
http://ioj)roperinla.com/OO-OO-OO-la-sup-et·reqisler-of.actions-s-v-z.aduleterations-on-paq&Oll€-sustain-s.pdf
The overall criminal nature of the conduct of the court in this case, and its deliberate engagement in real estate frauds,
where l. County is routinely fisted as first in the U.S" is. best evidenced by the fraudulant cOlleyance of title on the
pro!perly by David Pastemak. "Receiver" appointed by the court:
http://inproperinla.coml07-12 -17-grant.deeds-wedick-s·opinlon·s.pdf
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 21 of 26
COllllnjlte~ on th~ Judici31Y, Subcommittees on Oversight and Administration of the Courts, Senate Banking
Committee. and the House Financial Services Committee, Congressman/women representing LA County. This
leiter \s intcnded as part ofongoing requests to institute hearings on the tailed jllStice system ofLA County
Senator Joseph Didcn
Senator Barbara Boxer
Senator Russell l) Feingold
Senator Diane Feinstein
Senator Patrick Leahey
Senator Charles Schumer
Senator Christopher Dodd
Repn:~[Jluliv<; Xavier Betxrril
Representative Howard Bennan
Representative John Conyers Jr
Representative David Drler
Representative Jane Hannan
Representative Howard McKeon
Representative Grace Napolitano
Representative Hilda Solis
Reprcsentative Ma.xinc Waters
Representative Diane Watson
Representative Henry Waxman
PROOF OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age of 18
2 and not a party to the within action. My business address is 120 Broadway, Suite 300. Santa
Monica. California 90401-2305.
3
On January 9, 2009, I served the foregoing document(s), described as SECOND
4 SUPPLEMENTAL DECLARAnON OF JENNA MOLDAWSKY IN SUPPORT OF
COliNTRYWIDE HOME LOANS, INC.'S MOTION FOR SANCTIONS AND OTHER
5 RELIEF AGAINST DEFENDANT JOSEPH ZERNIK, on the interested party(s) in this action,
as follows:
6
Joseph Zernik
7
2415 Saint George Street
8 Los Feliz, California 90027
[S] (BY OVERNIGHT DELIVERY) I deposited in a box or other facility maintained
9
by federal Express. an express carrier service, or delivered to a courier or driver authorized by
10 said express calTier service to receive documents, a true copy (or original) of the foregoing
document to the party listed above, in an envelope designated by said express service carrier, with
11 delivery fees paid or provided for.
<0
(l)
<')
~ 12 David J. Pasternak Moe Keshavarzi. Esq.
00
Dot Pasternak. Pasten13k & Patton. LLP Sheppard Mullin Richter & Hampton, LLP
<')0 13
II '" 01
_1 t 0(
1X75 Century Park East. Suite 2200 333 South Hope Street, 4Rth Floor
J :J z 14 Los I\ngeles. California 90067-2523 Los Angeles, CA 90071-144R
.. Ill '"
> • 0
0( >- ...
U ~ ::; Robert J. Shulkin, Esq.
z a '" 15
0(
>- 0 U
'" 'fhe Law Department
'" '" '"
lDm~
16 Coldwell Banker Residential
o z
NO
_:l: Brokerage Company
'z"
I- 17 27271 Las R31nblas
'"
III Ivlission Viejo. CI\ 92691
18
[g] (BY MAIL) I placed a true copy of the foregoing document in a sealed envelope
19 addressed to each interested party as set fOl1h above. J placed each such envelope for collection
and mailing at Bryan Cave LLP, Santa Monica, California. I am readily familiar with Bryan Cave
20 LLP\ practice for collection and processing of correspondence for mailing with the United States
21 Postal Service. Under that practice, the correspondence would be deposited. with postage thereon
ttllly prepaid. with the United States Postal Service on that same day in the ordinary course of
22 husincss.
)"
--' Executed on January 9, 2009, at Santa Monic~ California.
24 I declare under penalty of perjury under the laws of the United States of America and the
State uf Califomia that the foregoing is true and correct.
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28
SI\101 Dues715392 I 3
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26 Exhibit B(6)
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Notice #3
Exhibits Volume B
B-457
Case 05-90374 Document 260-23 Filed in TXSB on 05/08/09 Page 24 of 26
..be:phZem:li<,DM D, PhD
PO Box 526 LaVemeCalifi::nnB 91750
Tel: 310 435 9107 Fax: 801 998 0917
Em ail; jz12345@ e:uthJ:inknet
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I, the undem:gnErl, certify and d.ecJ:ne thatIan overthe cge of 18 yeaJ:S, Em pbyErl :in the County of
LosA nge'es .
party to the above-ent:itlEd cause. On A PRJI,)f\\O
NOTICE #3, EXHIBITS VOLUM~1r
re: ,20 09
, S tate of C al:i:fi::)]Iri:~., and nota
,Ise.r.rErl a tnle ropy of
by pe:rronaJJy del:iver.:ing :it to the perron (s) :indi::atEd bebw :in the m anner as pIDVnErl :in FR C:iY"P 5 (b) i by
depositing :it:in the Unitro S tatesM ail:in a s::a19:i envebpe w jfu the postage therron fuIly pIEpail to the fuJbw :ing:
Qistnan es and cddIPS3?S furpe:rron (s) se.r.rErl. A tt:ach a::ldit:bnalpcges if ne:e::s:rry .)
G I herEby certify that I an a mEmber of the Bar of the U n:ita:l States D :i.st:I±:t Court,. Centtal D :i.st:I±:t of
C al:ifum:ia.
G Ihereby certify thatIan Em pbyErl :in the o:Efre ofam Em berofthe Barof th:is Courtatw hore dire:n:>n the
se.r.ri:e w as m cde.
G I hereby certify underthe penaJty ofperj.rry tha
ACKNOWLEDGEMENT OF SERVICE
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