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Complaint - Walnut Place LLC v. Country Wide Home Loans Inc

Complaint - Walnut Place LLC v. Country Wide Home Loans Inc

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Published by Foreclosure Fraud
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Categories:Types, Research, Law
Published by: Foreclosure Fraud on Feb 24, 2011
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01/22/2015

 
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORKWALNUT PLACE LLC; WALNUT PLACE IILLC; WALNUT PLACE III LLC; WALNUTPLACE IV LLC; WALNUT PLACE V LLC;WALNUT PLACE VI LLC; WALNUT PLACEVII LLC; WALNUT PLACE VIII LLC;WALNUT PLACE IX LLC; WALNUT PLACEX LLC; and WALNUT PLACE XI LLC,derivatively on behalf of Alternative Loan Trust2006-OA10,Plaintiffs,-against-COUNTRYWIDE HOME LOANS, INC.;PARK GRANADA LLC; PARK MONACOINC; PARK SIENNA LLC; and BANK OFAMERICA CORPORATION,Defendants,-and-THE BANK OF NEW YORK MELLON, in itscapacity as Trustee of Alternative Loan Trust2006-OA10,Nominal Defendant.Index No. ___________
SUMMONS
Pursuant to CPLR § 503, the basis of venue is that plaintiffs designatedNew York County.To the above-named defendants:YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs’attorneys, at the address stated below, an answer to the attached complaint within twenty (20)days after the service of this summons, exclusive of the day of service, or within thirty (30) daysafter service is complete if this summons was not personally delivered to you within the State of 
FILED: NEW YORK COUNTY CLERK 02/23/2011
INDEX NO. 650497/2011NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/23/2011
 
2New York; upon failure to answer, judgment will be taken against you by default for the relief demanded in the complaint.GRAIS & ELLSWORTH LLPBy:David J. GraisOwen L. Cyrulnik Leanne M. Wilson40 East 52nd StreetNew York, New York 10022(212) 755-0100Of counsel:David Lee EvansTheodore J. FolkmanRoberto TepichinMURPHY & KING, P.C.One Beacon StreetBoston, Massachusetts 02108(617) 423-0400Dated: New York, New York February 23, 2011
 
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORKWALNUT PLACE LLC; WALNUT PLACE IILLC; WALNUT PLACE III LLC; WALNUTPLACE IV LLC; WALNUT PLACE V LLC;WALNUT PLACE VI LLC; WALNUT PLACEVII LLC; WALNUT PLACE VIII LLC;WALNUT PLACE IX LLC; WALNUT PLACEX LLC; and WALNUT PLACE XI LLC,derivatively on behalf of Alternative Loan Trust2006-OA10,Plaintiffs,-against-COUNTRYWIDE HOME LOANS, INC.;PARK GRANADA LLC; PARK MONACOINC; PARK SIENNA LLC; and BANK OFAMERICA CORPORATION,Defendants,-and-THE BANK OF NEW YORK MELLON, in itscapacity as Trustee of Alternative Loan Trust2006-OA10,Nominal Defendant.Index No. ___________
COMPLAINT
1. This is a derivative action for breach of a Pooling and Servicing Agreement(PSA) under which defendant Countrywide Home Loans, Inc. and some of its affiliates soldresidential mortgage loans to a securitization trust, Alternative Loan Trust 2006-OA10. TheTrust financed the purchase of loans by issuing certificates that were to be repaid, with interest,from the cash flow generated by the mortgage loans. Plaintiffs are the holders of $108,084,000original face amount of certificates in class 1-A-2 of the Trust, $74,075,000 original face amount

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