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 or section
Like this
14Activity

Table Of Contents

0 of .
Results for:
No results containing your search query
P. 1
Class Action IL Amended Complaint Final

Class Action IL Amended Complaint Final

Ratings: (0)|Views: 847 |Likes:
Published by rodclassteam

More info:

Published by: rodclassteam on Apr 08, 2011
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

06/15/2013

pdf

text

original

 
- 1 -
IN THE UNITED STATES DISTRICT COURT FORTHE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
CYNTHIA A. STONE, PATRICIA )MARTINEZ, JOSÉ A. CRUZ, JR., ) Case No. 10 C 6410ELEDIA TORRES, RONDELL MUHAM- )MAD, SHARON MUHAMMAD, JAMES M. )AMI, SHARON K. AMI, BETTYE JEAN )BROWN, MOHSIN M. DHANJI, WAHIDA )M. DHANJI, DONNA R. LOVE, EDWARD )REVIS, and EXIQUIO CAMACHO, individ- )ually and on Behalf of All Others Similarly )Situated, ) Hon. Matthew F. KennellyPlaintiffs, ) Mag. Judge Finneganv. ))WASHINGTON MUTUAL BANK; J.P. MOR- )GAN-CHASE & CO.; DLJ MORTGAGE CAPI- )TAL, INC.; DLJ CAPITAL CORP.; CREDIT )SUISSE; CREDIT SUISSE (USA), INC.; ) Class ActionCREDIT SUISSE GROUP AG; DOUGLAS )ROSEMAN; PATRICK A. REMMERT; ) For DamagesANDREW KIMURA; LORI M. RUSSO; ) and Equitable Relief BRUCE KAISERMAN; ANGELO BULONE; ) under the RacketeerMICHAEL CRISCITO; JAMES D. CRISCITO; ) Influenced and CorruptLUBOMIR PENEV; TERENCE DOLCE; ) Organizations ActSELECT PORTFOLIO SERVICING, INC.; )
TIMOTHY J. O‟BRIEN,
DIANE WEINBER- )GER; CODILIS & ASSOCIATES, P.C.; )ERNEST J. CODILIS, JR.; JEANELLE )GRAY; CHRISTINA ALLEN; KLUEVER & )PLATT LLC; JASON D. ALTMAN; CITI- )BANK N.A.; WELLS FARGO BANK ; ALLY )FINANCIAL, INC. (a.k.a. GMAC MORT- )GAGE); BANK OF AMERICA N.A.; PNC )BANK N.A.; U.S. BANK N.A., HSBC BANK )(USA) N.A., ) Plaintiffs Demand) Trial by JuryDefendants. )
AMENDED VERIFIED CLASS-ACTION COMPLAINT
 
- 2 -
Now come the above-listed Plaintiffs, pursuant to 28 U.S.C.A. § 1331(Federal Questions), 28 U.S.C.A. § 1367 (Supplemental Jurisdiction), 15U.S.C. § 1692
et seq
. (the Fair Debt Collection Practices Act,
“FDCPA”),
42U.S.C. § 1983 (the Ku Klux Klan Act of 1871), Fed.R.Civ. Pro. Rule 23 (ClassActions), and 18 U.S.C.A. §§ 1961-1968 (Racketeer Influence and CorruptOrganizations Act), by their attorney, Robert L. Stone & Assocs., P.C., andand complain against the Defendants as follows:
NATURE OF THE CASE
1. Defendants are Credit Suisse and its association-in-fact of banks;its servicing agent, Defendant Select Portfolio Servicing, Inc.; its professionaldocument producers and signers; its shell corporations; and its lawyers thatthe association-in-fact uses in mortgage-foreclosure cases. Defendants havecombined or confederated among themselves to form an association-in-fact forthe purpose, by their joint efforts, of filing false and deceptive documentswith State and federal courts in tens of thousands of mortgage-foreclosurecases nationwide for the purpose of illegally seizing and converting homesusing straw-man mortgage-foreclosure plaintiffs (that have no interest in thetaken properties) and fraudulent documents. The Defendants are therebydefrauding federal and State courts and injuring the owners of the affectedproperties, the junior mortgagees of the affected properties, the purchasers of the affected properties, the title companies that insure those purchasers, andthe United States
—all of which have been injured by Defendants‟ scheme.
 
- 3 -
2. The Defendants are engaged in this scheme for two reasons. First,it permits Defendant banks to collect repayments of mortgage loans multipletimes for each mortgage: once when they sell the mortgage Note to investorsimmediately after the Note is signed by the borrower, and a second timewhen Defendant banks foreclose and sell the collateral. Second, for reasonsof tax avoidance, the Defendants have securitized most home mortgage insuch a way as to separate ownership of the mortgages from ownership of their mortgage Notes. (All mortgages have two documents. There is amortgage promissory Note, which is a negotiable instrument signed by theborrower and which spells out the obligations of the borrower. And there isthe
parallel, reciprocal “
mortgage,
which is an agreement by the lenderabout what it has to do before it can collect the collateral in case of defaultunder the Note. The two documents are supposed to remain together.) Oncelegal ownership of the two documents is separated,
or if the “chain of title” tothe mortgage Note is “broken,” the loans are said to be “bifurcated” and
become unsecured debt. Defendants do not want to accept this legalconsequence of their tax avoidance and have chosen instead to file fraudulentforeclosures
en masse
. The Defendants are reaping enormous profits fromthis scheme.3. Plaintiffs are the homeowners in the United States who have been
injured by Defendants‟ scheme.
Plaintiff No. 1 is Cynthia A. Stone. On July5, 2005, Defendants Washington Mutual Bank and Codilis & Associates,P.C.---later joined by Defendant DLJ Mortgage Capital, Inc., and Defendants

Activity (14)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
sacasagroup liked this
nikki613 liked this
Lucinda Marie Stotelmyer added this note
SELECT PORTFOLIO SERVICING,SCAM CO.
Andy Szaf liked this
chunga85 liked this
acederbaum liked this
Cyril Richards 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)//-->