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Rousseau v. Wells Fargo

Rousseau v. Wells Fargo

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Published by Martin Andelman
Complaint filed in this tragic case... Plaintiff Norman Rousseau committed suicide two days before the eviction.
Complaint filed in this tragic case... Plaintiff Norman Rousseau committed suicide two days before the eviction.

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Categories:Types, Research, Law
Published by: Martin Andelman on May 14, 2012
Copyright:Attribution Non-commercial

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07/31/2013

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Verified Complaint / Rousseau v. Wells Fargo, Et Al. Page -1-
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Chris GardasAttorney at Law530 43rd StreetRichmond, CA 94805Tel (415) 407-4918Fax: (510) 778-1273chrisgardas@comcast.netAttorney for Plaintiffs Norman Rousseau and Oriane Rousseau
SUPERIOR COURT OF CALIFORNIACOUNTY OF VENTURA
 NORMAN ROUSSEAU AND ORIANEROUSSEAU,Plaintiffs,vs.WELLS FARGO BANK, N.A.;WACHOVIA MORTGAGE; REGIONALSERVICE CORPORATION, and DOES 1to 20, inclusive,Defendants.)))))))))))))))))))Case No. 56-2011-00398799-CU-OR-VTASECOND AMENDED COMPLAINT FOR BREACH OF CONTRACT; BREACH OFGOOD FAITH AND FAIR DEALING;WRONGFUL FORECLOSURE; TOCANCEL INSTRUMENTS; TO QUIETTITLE; FRAUD, MISREPRESENTATIONAND DECEIT; UNFAIR BUSINESSPRACTICES; VIOLATIONS OF THEROSENTHAL FAIR DEBT COLLECTIONPRACTICES ACT.
BY FAX
Unlimited JurisdictionJURY TRIAL DEMANDEDComes now Plaintiffs NORMAN ROUSSEAU and ORIANE ROUSSEAU and allege asfollows against Defendants WELLS FARGO BANK, N.A., WACHOVIA MORTGAGE, andREGIONAL SERVICE CORPORATION:PARTIES1.
 
At all times relevant herein, Plaintiffs NORMAN ROUSSEAU and ORIANEROUSSEAU were and are the owners in joint tenancy of real property commonly known as 580Wilshire Place, Newbury Park, CA 91320, County of Ventura (Hereafter, “Subject Property”).
 
 
Verified Complaint / Rousseau v. Wells Fargo, Et Al. Page -2-
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2.
 
Plaintiffs are informed and believe, and thereon allege that Defendant WELLS FARGOBANK, N.A. (Hereinafter “WFB”), a national bank association with a principle place of businessin Sioux Falls, South Dakota, is the successor in interest to Wachovia Mortgage, FSB, who inturn was the successor in interest to the originator of the Subject Loan, World Savings Bank,FSB. WF purportedly acquired title to the Subject Property at a foreclosure sale on November 22, 2010.3.
 
Plaintiffs are informed and believe, and thereon allege that Defendant WACHOVIAMORTGAGE, form unknown, is now a division of WELLS FARGO BANK. WACHOVIA wasthe originator of the Subject Loan (using the WORLD SAVINGS BANK tradename); after itacquisition/merger with WFB, WACHOVIA purportedly serviced the loan on behalf of WFB.4.
 
Plaintiffs are informed and believe, and thereon allege that Defendant REGIONALSERVICE CORPORATION, (Hereafter “RSC”), organized under the state of California, with its principle place of business in Seattle, Washington, is a licensed California Corporation in the business of acting as a non-judicial foreclosure trustee. RSC purportedly acted as a dulysubstituted trustee in conducting the foreclosure sale of the Subject Property.5.
 
Defendant DOES 1 - 20 are sued by their fictitious names pursuant to C.C.P. §494. Their true names and capacities are unknown to Plaintiff. Plaintiff will amend this complaint to allegetheir true names and capacities when ascertained.6.
 
Plaintiff believes that each fictitiously named Defendant DOE 1-10 is a person or entitywho participated in, assisted, advised, was retained by, or counseled by one of the other Defendants herein in connection with the acts alleged herein of which Plaintiff complains. Saidfictitiously named Defendants were agents, servants, employees, alter egos, superiors, successorsin interest, joint venturers and/ or co-conspirators of each of their co-defendants and in doing thethings herein after mentioned, or acting within the course and scope of their authority of suchagents, servants, employees, alter egos, superiors, successors in interest, joint venturers and/ or co-conspirators with the permission and consent of their co-defendants and, consequently, eachDefendant named herein, and those Defendants named herein as DOES 1 through 10, inclusive,are jointly and severally liable to Plaintiff for the damages and harm sustained as a result of their 
 
 
Verified Complaint / Rousseau v. Wells Fargo, Et Al. Page -3-
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wrongful conduct.7.
 
Plaintiff herein names as Defendants DOES 11-20 in this action all unknown personsclaiming: a) any legal or equitable right, title, estate, lien, or interest in the Subject Propertydescribed in the complaint adverse to Plaintiff's title; or b) any cloud on Plaintiff's title to theSubject Property. The claims of each unknown Defendant and fictitiously named Defendant arewithout any right, and these Defendants have no right, title, estate, lien, or interest in the SubjectProperty. Plaintiff seeks by way of this complaint to extinguish and eliminate each and everyclaim of right by fictitiously named DOES 11- 20.RELATIONSHIP OF DEFENDANTS WORLD, WACHOVIA and WELLS8.
 
Although the Subject Loan was originated in the name of WORLD SAVINGS BANK,FSB, (“WORLD”) at the time of the loan origination in November 2007, WORLD had already been purchased by WACHOVIA MORTGAGE, FSB, (Hereafter, “WACHOVIA”). In October 2008, WELLS FARGO BANK, N.A. agreed to purchase WACHOVIA. The acquisition wascompleted in January 2009. WELLS FARGO acquired title to the Subject Property as “WellsFargo Bank, NA, also known as Wachovia Mortgage, a division of Wells Fargo Bank, NA,formerly known as Wachovia Mortgage, FSB, formerly known as World Savings Bank, FSB.”9.
 
Plaintiffs are informed and believe, and thereon allege, that while the specific acts andomissions referenced herein were committed by WACHOVIA (f.k.a. WORLD), liability isimputed upon WELLS FARGO, as their successor to interest.FACTUAL ALLEGATIONS10.
 
In March 2000, Plaintiffs NORMAN ROUSSEAU (“N. ROUSSEAU”) and ORIANEROUSSEAU, (“O. ROUSSEAU”) (collectively, the “ROUSSEAUS” or Plaintiffs), husband andwife, acquired the Subject Property, a single family residence commonly known as 580 Wilshire

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