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Rescission Notice Fin Charge COMPLAINT

Rescission Notice Fin Charge COMPLAINT

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Published by: twebster321 on Sep 25, 2010
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09/24/2010

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UNITED STATES DISTRICT COURT
Jon E. DeVary, an individual
)
)
CASE NO.
Plaintiff,
))COMPLAINT FOR
RESCISSION,
Vs.
)DAMAGES, & JURY TRIAL

) COUNTRYWIDE HOME LOANS, INC., ) d/b/a AMERICA’S WHOLESALE

)
LENDER, a California Corp.,
)
MORTGAGE ELECTRONIC
)
REGISTRATION SYSTEMS, INC.,
)
A Delaware Corp.,
)
JOHN & JANE DOES 1 – 10
)
)
Defendants
)
)
TO THE HONORABLE UNITED STATES DISTRICT COURT JUDGE
I. Preliminary Statement
1.Plaintiff Jon E. DeVary bring this action against COUNTRYWIDE
HOME LOANS, INC. d/b/a AMERICA’S WHOLESALE LENDER,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and

John and Jane Does 1 – 10 to:
a) Enforce a rescission;
b) Reimburse all fees and costs paid in a consumer credit
transaction pursuant to violations of the Truth in Lending

1

Act, 15 U.S.C. §§ 1601 et seq. (“TILA”), and its implementing
regulations at 12 C.F.R. § 226 et seq. (Reg. Z);
c) Assert violations of the Real Estate Settlement
Procedures Act, 12 U.S.C. § 2605 (“RESPA”); and,
d) Rescind and cancel a Mortgage security interest.

2. A rescission action may be brought against an assignee,
regardless of whether the assignee is a “creditor” or whether
the violation was apparent on the face of the disclosure
statement under 15 U.S.C. § 1641(c).

3. All claims amount to a serious breach of Defendants’ fiduciary
duties and will result in an irregular and wrongful forced sale
foreclosure if not enjoined.

4.Plaintiff also seeks declaratory and injunctive relief to further

restrain Defendants under Minnesota Uniform Deceptive Trade
Practices Act §§ 325D.43 et seq., (“Minn. UDTPA”) for
confusion, misrepresentation and deceit, against Defendants
herein. All such Minnesota state law claims are properly
asserted under this Court’s pendent or supplemental

jurisdiction.
5.The Defendants are proper parties to be sued for claims arising
out of the transaction when Defendants are attempting to
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enforce contractual obligations in a foreclosure and the
consumer is in an affirmative or defensive position asserting a
rescission claim under TILA; Reg. Z, and asserting other
statutory relief under RESPA, Minnesota law, misrepresentation
or deceit, etc., and for any claims in recoupment and set-off
against all Defendants.

II. Parties
6.Plaintiff Jon E. DeVary is a consumer and a natural person as

that term is defined under 15 U.S.C. § 1602(h) and within the
scope of Minn. DTPA § 325D.43. Plaintiff has rights as a citizen
domiciled here in Minnesota, the owner of thep r in c ip a l

dwelling known as 7953 200th Street West, Lakeville, Minnesota
55044, (hereinafter the “Property”) and at all times relevant
and material hereto, resides on the Property as his family
home.
7.Defendant COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA’S

WHOLESALE LENDER (“Countrywide”) is a division of
Countrywide Financial Corp. and an originator of subprime
mortgage loans in Minnesota. America’s Wholesale Lender is a
trademark of Countrywide Home Loans, Inc. Otherwise,
Countrywide is creditor as that term is defined under 15 U.S.C.

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