BUSINESS COURT CIVIL COVER SHEET CClatk County, Nevada Case No, A-10-631557-B XXV signi by Ciak’s Ofc) I. Party Information Plaintiff) (name/sddress/phone): State of Nevada, Astomey (name/address/phone): Exmest D. Figueroa, Consumer Counsel, 100 N, Carson, Carson City, NV 89701, (775) 684-1180; Binu G. Palal, Deputy Attomey General and Jeffrey Segal, Deputy Attomey General, 555 F, Washington Ave, #3900, Las Vegas, NV 89101, (702) 486°3194 Defendant(s) (ame/address/phone): Bank of America Corporation, Bank of America, National Association, BAC Home Loans Servicing, LP, Recontrust Company, N.A. Attorney (namefadress/phone): I. Nature of Controvers LD Arbitration Requested Please check the applicable boxes for both the case type and business court case type. Civil Cases Business Court Property ‘Other Civil Types Business Court Case Type : Dewi writ ‘Clark County Business Court een Ty other Special Proceeding 1) Unlawful Detainer bome comer I NRS Chapters 78-89 D1 Tite to Property Compromise of Minor’s Claim 1 Commodities (NRS 91) 1D Foreciosure 1 Conversion of Property I) Securities (NRS 90) Dtiens 1 Damage to Property (C1 Mergers (NRS 924) Di ovier Tix 1 Employment Security IZ) Uniform Commercial Code (NRS 104) viet THe Enforcement of Judgment C1 Purchase o Sale of Stock /ASSets of i Spevitic Performance Ey roreige lodgment civil Business! Corporate Real Estate other Real Property 1 Other Personal Property IC ‘Trade-mori/Trade Name (NRS 600) 1D Parition 1 Recovery of Property Enhanced Case MemtBusiness i Planning/Zoning 1 Stockholder Suit Other Business Court Matters, foam BY Other Civil Matters __Negligence Torts Ci Construction Defect Washoe County Business Court Li Nestigence - Premises Liability Chapter 40 T_NRS Chapters 78-88 ipa) OF General Commodities RS 91) Centizence - Other C1 Breach of Contract E)_ Securities (NRS 90) — (Building & Construction C1 Investments (NRS 104 Ant. 8) 1 insurance Carier ILL Deceptive rade Practices (NRS 598) Torts 1 Commercial Instrument IE Trade-meri/Trade Name (NRS 600) 11 ter ContractsAcciudgment |] ][] Trade Soorets (NRS 6004) Ciroduet Liabiity 1 Collection of Actions IC) Enhanced Case Mgmu Business Motor Vehicl-ProductLisbiity 1 mployment Contact Other Business Court Masters 1 other Tors-Produet Liability 1 Guarantee ieclonal Misconducl Ty SileConmet OTe (iste 1 Uniform Commereil Code Dy Defamation (ibetStande) TF ierter with Contract Rights Ci Employment Torts (Wrongful Termination) Dotter Torts OF Anti-trust G] Fraud/Misrepresentation © Insurance CF Lega Tort (Unfair Competition Ci Civil Petition for Juai Foreclosure Mediation Other Administrative Law Department of Motor Vehicles Worker's Compensation Appeal Review oooo December 17, 2010, Date Nevds AOC Resch nd Staite Ut Pra NR 1360 and 3215 cL Fhe ‘Signature of initiating’ party or representative Form PA201-8¢Electronically Filed 12/17/2010 10:32:40 AM COMP, CATHERINE CORTEZ MASTO Aohonin Attorney General Mw 4 ERNEST D, FIGUEROA CLERK OF THE COURT Consumer Counsel Nevada Bar No. 006205 775.684.1197 ph / 775.684.1179 E-mail EFiqueroa@ag.nv.gov BINU G. PALAL Deputy Attorney General Nevada Bar No. 010178 565 E. Washington Avenue, #3900 Las Vegas, Nevada 89101 702.486.3128 ph / 702.486.3283 E-mail: BPalal@aq.nv.gov JEFFREY SEGAL Deputy Attorney General Nevada Bar No. 005491 565 E. Washington Avenue, #3900 Las Vegas, Nevada 89101 702.486.3130 ph / 702.486.3283 E-mail: JSegal@aq.nv.gov Attorneys for Plaintiff, State of Nevada DISTRICT COURT CLARK COUNTY, NEVADA STATE OF NEVADA, Plaintiffs, CASENO,: A-10-631557-B DEPT. NO.: XXV vs. BANK OF AMERICA CORPORATION, BANK OF AMERICA, NATIONAL ASSOCIATION, BAC HOME LOANS SERVICING, LP, RECONTRUST COMPANY, N.A. Defendants. BUSINESS COURT REQUESTED COMPLAINT The undersigned, CATHERINE CORTEZ MASTO, Attorney General of the State of Nevada, by and through her deputies ERNEST FIGUEROA, Consumer Counsel, BINU G. PALAL, Deputy Attorney General, JEFFREY SEGAL, Deputy Attorney General and, hereby‘Washington, Eas Vegas. NV Attorney General's Office 55 alleges Defendant has violated, and continues to violate, the Nevada Deceptive Trade Practices Act by (1) Misleading consumers by promising to act upon requests for mortgage modifications within a specific period of time, usually one or two months, but stranding consumers without answers for more than six months or even a year; (2) Misleading consumers with false assurances that their homes would not be foreclosed while their requests for modifications were pending, but sending foreclosure notices, scheduling auction dates, and even selling consumers’ homes while they waited for decisions; (3) Misrepresenting to consumers that they must be in default on their mortgages to be eligible for modifications when, in fact, current borrowers are eligible for assistance; (4) Making false promises to consumers that their modifications would be made permanent if they successfully completed trial modification periods, but then failing to convert these modifications; (8) Misleading consumers with inaccurate and deceptive reasons for denying their requests for modifications; (6) _ Falsely notifying consumers or credit reporting agencies that consumers are in default when they are not; (7) Misleading consumers with offers of modifications on one set of terms, but then providing them with agreements on different sets of terms, or misrepresenting that consumers have been approved for modifications. Bank of America’s misconduct in misrepresenting its mortgage modification program was confirmed in interviews with consumers, former employees, and other third parties and through review of relevant documents. Bank of America's own former employees describe an environment in which the Bank failed to staff its modification functions with employees with the training, skills, experience, authority, and information to carry out the Bank’s commitments. According to the employees, the modification process was chaotic, understaffed, and not