Complaint Page 3 of 35
Defendants,) have conspired and acted both in concert and individually to
maliciously and fraudulently proceed against Plaintiff‟s real property, causing a
Notice of default, Notice of Foreclosure and their intent to sell the property atauction to be posted on the property and their subsequent alleged auction andalleged transfer to occur.5. Defendants have caused and continue to cause Plaintiff to suffer damagesin an amount to be determined by the Trier of fact herein.6. Plaintiff is informed and believes and thereupon alleges that Defendants,and each of them, claim an interest in the property adverse to plaintiff herein.However, the claims of said Defendants are without any right whatsoever, andsaid defendants have no legal or equitable right, claim, or interest in saidproperty as they have violated the Unfair business practices, breached their Trustand subsequently have lost the chain of Title to the aforesaid property.
7. On April 13, 2011 the Federal Reserve Board signed and published twelve
consent orders (the “Federal Reserve Consent Orders”), which found that the
named entities; (Bank of America, N.A., Citibank, N.A., HSBC Bank USA, N.A. (aPlaintiff herein), JPMorgan Chase Bank, N.A., MetLife Bank, N.A., PNC Bank,N.A., U.S. Bank National Association, and Wells Fargo Bank, N.A.) engaged in
“unsafe or unsound practices.” In addition, the United States Comptroller of the
Currency entered into consent orders with eight servicers as well as LPS, DocX,MERSCORP, and MERS Inc., (a Plaintiff herein). (T
he “OCC Consent Orders”).
In the OCC Consent Orders the government found that each of the servicers:a. Filed or caused to be filed in state courts and federal courts affidavitsexecuted by its employees or employees of third-party service providers makingvarious assertions, such as the ownership of the mortgage note and mortgage,the amount of principal and interest due, and the fees and expenses chargeableto the borrower, in which the affiant represented that the assertions in theaffidavit were made based on personal knowledge or based on a review by theaffiant of the relevant books and records, when, in many cases, they were notbased on such knowledge or review;b. Filed or caused to be filed in state and federal courts or in the local land