Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
5Activity
0 of .
Results for:
No results containing your search query
P. 1
Class Action Maryland Oct 2010(2)

Class Action Maryland Oct 2010(2)

Ratings: (0)|Views: 2,606|Likes:
Published by dean6265

More info:

Published by: dean6265 on Nov 10, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/17/2012

pdf

text

original

 
 
~ 1 ~
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND(G
REENBELT
D
IVISION
)
 
MARJORIE STEWART
19032 Canadian CourtMontgomery Village, Maryland 20886
and 
JAY NACHBAR 
9958 Forest View PlaceMontgomery Village, Maryland 20886
and 
GERALD A. LEMBACH
and his wife
 ,DEBBIE L. LEMBACH
220 12
th
StreetPasadena, Maryland 21122(Each Plaintiff individually and on be-half of all Maryland residents similarlysituated.)
Plaintiffs
v.
HOWARD NORMAN BIERMAN
702 North Irving Street Alexandria, Virginia 22201-2006
and 
GEORGE JACOB GEESING
6400 East Halbert RoadBethesda, Maryland 20817-5423
and 
Civil Case Number:
 _________________________ 
Complaint (Class Action) and Demand for Jury Trial 
Case 8:10-cv-02822-RWT Document 1 Filed 10/13/10 Page 1 of 46
 
 
~ 2 ~
CARRIE MICHELE WARD
10905 Earlsgate LaneRockville, Maryland 20852-4552
and 
BIERMAN, GEESING, WARD & WOOD, LLC
Suite 2004520 East West HighwayBethesda, Maryland 20814Serve on Registered Agent:G. Jacob GeesingSuite 2004520 East West HighwayBethesda, Maryland 20814
Defendants COMPLAINT(CLASS ACTION)
 AND
DEMAND FOR TRIAL BY JURY 
 Plaintiffs Marjorie Stewart, Jay Nachbar, and Gerald A. Lembach and his wifeDebbie L. Lembach, individually and on behalf of all other Maryland residents similarlysituated, by their attorneys; Gerald Solomon and John J. Bascietto of Solomon & Basci-etto, LLC, Scott C. Borison, and Michael Gregg Morin; sue Defendants; Howard NormanBierman, George Jacob Geesing, Carrie Michele Ward, and Bierman, Geesing, Ward & Wood, LLC; and state:
Case 8:10-cv-02822-RWT Document 1 Filed 10/13/10 Page 2 of 46
 
 
~ 3 ~
INTRODUCTORY STATEMENT
1. Maryland Statutes and Rules regulate foreclosure proceedings that are initiat-ed by a Trustee or Substitute Trustee under a Deed of Trust. The Maryland Rules re-quire that the Trustee file various documents with the Circuit Court in the County wherethe property is located. The documents required to be filed include an order to docket,an appointment of substitute trustees, if applicable, and a number of affidavits for the
court’s review and consideration in connection with the foreclosure proceeding.
2. This class action addresses the failure of the Maryland attorneys who alsofunction as Substitute Trustees under Deeds of Trust to meet their obligations under
Maryland law. The Defendants’ have had a pattern and practice of filing and supporting
thousands of foreclosures by
 
multiple documents that state they are executed by theDefendant(s) but are not documents executed by the Defendant(s)
1
 
e.g.
, orders todocket, affidavits, appointments of Substitute Trustees, and trustee deeds. The result
of the Defendants’ conduct was that Defendants intentionally or unintentionally caused
hundreds if not thousands inaccurate documents to be filed as part of foreclosure pro-ceedings before Maryland State Courts to obtain jurisdiction of the state courts overforeclosure proceedings. Defendants, who are Officers of the Court and knew or should
1
Defendants have consistently stated that the documents contained truthful infor-
mation and therefore were not ―false‖ or ―perjurious.‖ Defendant
s have also stated thatthe documents were executed with the knowledge of the Substitute Trustee and there-fore not forged. However, the documents which state that they are executed by some-one who did not in fact execute the documents are not factually accurate.
Case 8:10-cv-02822-RWT Document 1 Filed 10/13/10 Page 3 of 46

Activity (5)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads
JBAPTISTK liked this

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->