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-Lawson-v-Bank-of-America - TILA -RESPA complaint

-Lawson-v-Bank-of-America - TILA -RESPA complaint

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Published by winstons2311

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Published by: winstons2311 on Dec 23, 2011
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06/07/2013

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- 1-
COMPLAINT
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36
Holly S. Burgess (SBN 104757)LAW OFFICES OF HOLLY S. BURGESS680 Auburn Folsom Road, Suite 109Auburn, CA 95603Tel: (530) 889-8900Fax: (530) 820-1526hollyburgess@lohsb.com Attorney for Plaintiff,KEVIN LAWSONTHE UNITED STATES DISTRICT COURTTHE EASTERN DISTRICT OF CALIFORNIASACRAMENTO DIVISIONKEVIN LAWSON,Plaintiff,vs.BANK OF AMERICA, N.A.; PRLAP, INC.;U.S. BANK, NATIONAL ASSOCIATION;BANC OF AMERICA MORTGAGE 2008-ATRUST; BAC HOME LOANS SERVICING, LP;RECONTRUST COMPANY, N.A., and DOES 1through 100, inclusive,Defendants.))))))))))))))))))))))))))
CASE NO.:COMPLAINT FOR:
1. VIOLATION OF HOMEOWNERSEQUITY PROTECTION ACT;2. VIOLATIONS OF REAL ESTATESETTLEMENT PROCEDURES ACT;3. VIOLATIONS OF TRUTH INLENDING ACT;4. VIOLATIONS OF FAIR CREDITREPORTING ACT;5. FRAUDULENT MISREPRESENTA-TION;6. BREACH OF FIDUCIARY DUTIES;7. UNJUST ENRICHMENT;8. CIVIL CONSPIRACY;9. CIVIL RICO VIOLATIONS;10. USURY AND FRAUD;11. BREACH OF SECURITYINSTRUMENT12. WRONGFUL FORECLOSURE;13. QUIET TITLE
PLAINTIFFS DEMANDS A JURYTRIALPARTIES
1.
 
Plaintiff KEVIN LAWSON
(―Plaintiff‖ or ―
LAWSON
‖)
is an individual who is theowner of the real property located at 8677 Mountain Drive, Tahoma, California 96142 (the
Subject
Case 2:11-cv-01428-GEB -DAD Document 1 Filed 05/25/11 Page 1 of 36
 
 
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COMPLAINT
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Property‖).
The legal description of the Subject Property is fully described in
Exhibit “
A
”,
attachedhereto and incorporated herein by reference, APN #016-171-05-100. .2.
 
Defendant
BAC HOME LOANS SERVICING, LP (―BAC HOME LOANS‖)
, amortgage servicer, at all times mentioned herein, was engaged in business as a servicer of mortgageloans in the county of Placer, California. These Defendants claim to be the proper creditor who isentitled to foreclose on the mortgage note.3.
 
Defendant BANK OF AMERICA, N.A.
(―BofA‖)
is a Delaware Corporation, whosecorporate headquarters is in Charlotte, North Carolina, and was, at all relevant times mentionedherein, was the original lender on the mortgage note and making loans in El Dorado County, CA.4.
 
Defendant PRLAP, INC
. (―PRLAP‖)
is a Texas corporation and, based on informationand belief, was at all relevant times mentioned herein, engaged in the business of title insurance,banking services, including foreclosure, and acting as trustee for banks, mortgage holders and lienholders. At the times hereupon complained of, Defendants were acting as though it was the currenttrustee of the deed of trust.5.
 
Defendant U.S. BANK, NATIONAL ASSOCIATION
(―
U.S. BANK
‖)
, whosecorporate headquarters is in Minneapolis, Minnesota, is a subsidiary of US Bancorp, and was at alltimes mentioned herein, engaged in business as a bank and/or servicer of mortgage loans in thecounty of Placer, California, and is named as the trustee, for Defendant BANC OF AMERICAFUNDING 2007-6 TRUST, to which the note and deed of trust were allegedly conveyed.6.
 
Defendant BANC OF AMERICA MORTGAGE 2008-A TRUST
(―
BANCAMERICA TRUST
) is an unregistered entity in California, based on information and belief, was atall relevant times mentioned herein, was a pooling and servicing trust of mortgages, in which thesubject mortgage and property were allegedly placed. Based on information and belief, BANCAMERICA TRUST claims to be the holder of the beneficial interest in the subject mortgage noteand/or deed of trust.7.
 
Defendant
RECONTRUST COMPANY, N.A. (―RECONTRUST‖)
,
 
is
a wholly-owned subsidiary of Bank of America, N.A. and, based on information and belief, was at all relevant
Case 2:11-cv-01428-GEB -DAD Document 1 Filed 05/25/11 Page 2 of 36
 
 
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COMPLAINT
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times mentioned herein, engaged in the business of title insurance, banking services, includingforeclosure, and acting as trustee for banks, mortgage holders and lien holders. At the times hereuponcomplained of, Defendants were acting as though it was the current trustee of the deed of trust.8.
 
Defendants DOES 1-100 are believed to be the current beneficiaries of the Deed of Trust, if the lien has not been extinguished by operation of law.9.
 
Plaintiff does not know the true names, capacities, or basis of liability of Defendantssued as Doe 1 through Doe 100. Each fictitiously named Defendant is in some manner liable toPlaintiff, claims some right, title, or interest in the Subject Property, or both.10.
 
At all times relevant to this Complaint, each of the Defendants was the agent oremployee of each of the remaining Defendants, and was acting within the course and scope of suchagency or employment.
JURISDICTION
11.
 
Pursuant to 28 U.S.C.A. §1331, this court has original based on the laws of the UnitedStates, as alleged herein.12.
 
Pursuant to 28 U.S.C. §1367(a), this court has supplemental jurisdiction over therelated state court claims.
FACTS COMMON TO ALL CAUSES OF ACTION
 13.
 
On or about November 2, 2007, Plaintiff applied for a mortgage loan to be takenagainst the Subject Property. The mortgage loan on the Subject Property was obtained fromDefendant BofA.14.
 
On November 19, 2007, the Deed of Trust was recorded against the Subject Propertyin DOC-2007-0071344 of the Official Records of El Dorado County, California. BofA was the
―lender‖ as stated in the note signed by Plaintiff. The amount secured by the Deed of Trust
$1,000,000 as stated in the recorded deed of trust. A copy of the Deed of Trust is attached as
Exhibit
“B”
and incorporated herein by reference.
Case 2:11-cv-01428-GEB -DAD Document 1 Filed 05/25/11 Page 3 of 36

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