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Ag Complaint National Banks a (2)

Ag Complaint National Banks a (2)

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Published by diablevert
Complain in Coakley's suit against the banks
Complain in Coakley's suit against the banks

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Published by: diablevert on Dec 01, 2011
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12/01/2011

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CIVIL ACTION
COVER SHEET
moat. No
 
..
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4 3 6-3--
B.L.
 
.
 
Trnd Court Of Massachusetts
t
Superior Court Department
 
 
County: SUFFOLK
PLAINTIFF(S)
COMMONWEAL:1.E OF MASSACHUSETTS
DY
,
TEMANT(S)
[SEE APPENDIX A,
ATTACHED}
___...........
LONB
rrORNEY, FIRM NAME, ADDRESS ANDTEM
Amber Anderson Villa, AAG, John M. Stephan, AAG, Sara Cable,
ATVIRNEY (tf known)
,
f
REcF1 ..
D
DEC
oi 2011
AAG,
and Justin
j.
Lowe
i
-AAG
Office of the Attorney General
 
One Ashburton PlaceBoston, MA 02:108617-727-2000
Board otaar ()mum nunttz
647566, 649509, 667084
Origin Code
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JOZ:iii
,4
f ODNOVA(i
Original Complaint
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TYPE OF ACTION AND TRACK DESIGNATION (See reverse side)CODE NO.
YPE OF ACTION (specify)
RACK
S THIS AWRY CASE?
Unfair
and deceptive business
*
BH2,BG I ,E1J1
ractices in violation nf M. G.
)
Yes
X)
No
al)
L. c. 93A
The following is a full and detailed statement of the facts on which plaintiff relies to determine eligibility in to
The Business Litigation Session.
In
this
action, the Commonwealth of Massachusetts seeks restitution, civil penalties and injunctive relief -for violations of M. G. L. c. 93A arising out Defendants' unfair and deceptive acts during the height of theforeclosure crisis in Massachusetts. The conduct alleged has affected thousands of homeowners throughtheir residential mortgage loans, and includeS, without limitation;
.
ngagingin unfair and deceptive foreclosure practices by conducting foreclosures when thedefendants lacked the right to do so and misrepresenting to homeowners their roles as mortgagees or asthe holders of the mortgages;
2.
Engaging in false do -
entation practices to facilitate their foreclosure practices;
3.
Deceiving homeowners in the course of servicing mortgage loans by misrepresenting to borrowers
regarding its
loan modification programs, acting deceptively in implementing loan modifications anddeceiving borrowers regarding foreclosure proceedings; and
4.
Failing tocomply with Massachusetts' registration statute.The Defendants, and their subsidiaries and related entities, are responsible for the vast majority ofunlawful foreclosures that occurred in the Commonwealth in the last four years. Given the scope of theconduct alleged, the complex facts involved, voluminous discovery anticipated, and the likely need forsubstantial case management,
the Commonwealth contends
that determination of this matter
by the BLS
is
appropriate.
* A Special Tracking Order shall be created by the Presiding Justice of the Business LitigationSession at the Rule 16 Conference,
PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED AMON PENDING INTHE SUPERIOR
couivr
DEPARTMENT.
"I hereby certify that I have complied with the requirements of Rule 5 of the Supreme Judical Court Uniform Rules onDispute Resolution (SIC Rale 1:18) reqifying that I provide my clients with information about court-connected disputeohition services and discuss with the!fi the, adva
and dis
tages of the various methods."
(
 
 
 
Signature of Attorney of Record
ATE:
pecember 1, 2011
J,r
,
mow
Forms WorkNow.com
____Arrootioarr-Logattlor.
 
APPENDIX A
-BANK OF AMERICA, N ABAC HOME LOANS
S
IPMORGAN CHASE BANK, NA, CMBANK
ITIMORTGAGE, INC., .GMAC
MORTGAGE, LLC, WELLS FARGO BANK, N.A., MORTGAGE ELECTRONIC
REGISTRKEDN
SYSTEM,
INC., and MERSCORP, INC.,
DEFENDANTS
 
COMMON WEALTFI OF MASSACHUSETTS
SUFFOLK COUNTY SUPERIOR COURT DEPART.' .ENT
OF THE TRI/%.L
(
pg.T,,
11
-
400a
Civ. A. No.
V.
BANK OF AMERICA, NA., BAC HOME
LOANS SERVICING, LP, BAC GP, LLC,
JPMORGAN CHASE BANK, N.A:, CrrIBANK,NA., CITIMORTGAGE, rNC., GMAC
MORTGAGE, LLC, WELLS FARGO BANK,N.A., MORTGAGE ELECTRONIC
REGISTRATION SYSTEK INC„ and
MERSCORP, INC.,Defendants.
CO P AINT
RECEWED
OEC
01 2011
SUPtRIQH GOURI CND,
MicHAEL jOSEPH DONMAN
rtERK J MAIISTRATE
INTROPUCTION
The Commonwealth of Massachusetts, by and through its Attorney General,Martha Coakley, brings this enforc me t action to hold multiple banks accountable fortheir rampant violations of Massachusetts law and associated unfair and deceptiveconduct amidst the foreclosure crisis that has gripped Massachusetts and the nation since2007. Accordingly, pursuant to the Massachusetts Consumer Protection Act, G. L. c.93A, § 4, and G. L. c. 12, § 10, the Commonwealth seeks to require Defendants Bank ofAmerica, NA., BAC Home Loans Servicing, LP, BAC GP, LLC, JPMorgan Chase Bank,NA., Citibank, N.A., Citimortgage, Inc., GMAC Mortgage, LLC, and Wells Fargo Bank,N.A. (collectively the "Bank Defendants"), as well as Defendant Mortg.age Electr nicRegistration System, Inc. and its parent corporation, MERSCORP, Inc. (collect' ely

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