Agha-Khan v. Bank of America et al
Filing
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ORDER/RECOMMENDATION BY CHIEF BANKRUPTCY JUDGE THAT REFERENCE BE WITHDRAWN PURSUANT TO 28:157(d), (Attachments: # 1 Docket Sheet)(Marrujo, C)
USDC No. 1:17-cv-0011-LJO
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ADDENDUM A
Copy of Plaintiff's Complaint filed in
Adversary Proceeding 16-01107
(Exhibits to Complaint Not Included
in Addendum A)
Case Number: 2016-01107
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SALMA AGHA-KHAN, M.D.
3751 Motor Ave # 34727
Los Angeles, California 90034
Telephone: (949) 332-0330
email: salmahagha©aol.com
Plaintiff in Propria Persona
Filed: 12/15/2016
FILED
TJOF
Doc # 1
DEC15 2016
UNITED STATES BANKRUPTCY COURT
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UNITED STATES BANKRUPTCY COURT
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EASTERN DISTRICT OF CALIFORNIA, BAKERSFIELD DIVISION
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Case No: 10-16183
In Re: SALMA H. AGHA,
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Debtor,
AdvNo:
i.O l
r)
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COMPLAINT FOR
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SALMA AGHA-KHAN, MD.,
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Plaintiff,
vs.
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Bank of America, a national bank, and
a California business entity; BAC
Home Loans Servicing, LP, a
California business entity; Citibank
NA., a bank doing business in US;
Citimortgage; a US Banking and
Lending entity, subsidiary of Citibank,
NA; Citicorp owns Citibank, NA. a
business in US, form unknown;
Citigroup Inc., owns Citicorp, a
publicly traded corporation; CR Title
Services, Inc. a US Banking and
Lending entity, subsidiary of Citibank,
NA; GMAC Mortgage, LLC, a US
banking and lending entity; OCWEN
Financial Corp., that took over GMAC
Mortgage LLC loans; Aurora Loan
Services Inc. , a defunct Delaware
Corporation; Routh Crabtree Olsen,
P.S., a law firm in California; Edward
T. Weber, an individual and attorney
at Routh Crabtree Olsen, P.S; Brett P.
Ryan, an individual and attorney at
BANKRUPTCY FRAUD 18 USC
157:
MAKING OF FALSE OATHS
18 USC 152;
FRAUD;
VIOLATIONS OF DEBTOR'S
RIGHTS 42 USC
1982;
42 USC 1983;
S. VIOLATION OF DUE
PROCESSCLAUSE OF US
CONSTITUTION, NEVADA
STATE CONSTITUTION,
CALIFORNIA STATE
CONSTITUTION; LACK OF
NOTICE;
NEGLIGENCE;
CONVERSION;
S. TRESPASS TO CHATTEL;
DEFAMATION;
FALSE LIGHT;
SLANDER OF TITLE AND
QUIET TITLE;
VIOLATION OF NEVADA
REVISED STATUTES;
VIOLATION OF CALIFORNIA
STATUTES;
ADVERSARIAL COMPLAINT
Case Number: 2016-01107
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Routh Crabtree Olsen, P.S; Jonathan
J. Damen an individual and attorney
at Routh Crabtree Olsen, P.S;
McCarthy & Hoithus, LLP, a law firm in
California; JaVonne M. Phillips, an
individual and attorney at McCarthy &
Holthus, LLP; Mishaela 3. Graves, an
individual and attorney at McCarthy &
Holthus, LLP; Pite Duncan, LP., a law
firm in California; Eddie R. Jimenez,
an individual and attorney at Pite
Duncan, LP; Brian A. Paino, an
individual and attorney at Pite
Duncan, LP; Travis Nurse, an
individual and employee of
Citimortgage Inc; Wolfe & Wyman,
LLP, a law firm in California; Andrew
A. Bao, an individual and attorney at
Wolfe & Wyman, LLP; Megan S. Tom,
an individual and attorney at Wolfe &
Wyman, LLP; Heather S. Kim, an
individual and attorney at Wolfe &
Wyman, LLP; Judge Fredrick E.
Clement, an individual and US
Bankruptcy Judge; Judge W. Richard
Lee an individual and US Bankruptcy
Judge; Bruce Breitman, an individual,
an attorney, a real estate agent and
broker, and principal of BBG Ltd; BBG
LTD, a California corporation; David
Chandler, Sr., aka David Chandler,
aka David N. Chandler, an individual,
an attorney at law and principal at
David N. Chandler, PC; David N.
Chandler, Jr., aka David Chandler,
aka. David N. Chandler an individual,
an attorney at law and principal at
David N. Chandler, PC; David N.
Chandler, PC aka. Law Offices of
David Chandler, a California law firm;
and Does 1 through 100 inclusive
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VIOLATION OF NRS AND
CALIFORNIA BUSINESS
AND PROFESSIONS CODE;
VIOLATION OF FCRA,
FERA, TILA 18 USC 1002
AND 18USC 1028
Demand for Jury Trial
Judge: HON. W. RICHARD LEE
(also Defendant in same case)
Defendants.
ADVERSARIAL COMPLAINT
Case Number: 2016-01107
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Filed: 12/15/2016
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I. JURISDICTION
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exclusive jurisdiction of all cases under title 11" (28 U.S.C. §1334(a)), and
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28 U.S.C. § 1334 provides that "District courts shall have original and
that "District courts shall have original but not exclusive jurisdiction of all
civil proceedings arising under title 11, or arising in or related to cases
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under title 11" (28 U.S.C. §1334(b)). In re combustion Engineering, Inc.,
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391 F.3d 190, 225 (3d Or. 2004). Further, 28 U.S.C. §157(a) permits
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District courts to refer most matters to the Bankruptcy Courts.
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2.
Thus, Bankruptcy Court jurisdiction extends potentially to: (i) cases
under title 11; (ii) proceedings arising under title 11; (iii) proceedings
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arising in a case under title 11; and (iv) proceedings related to a case under
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title 11.15 Combustion Engineering, 391 F.3d at 225.
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3.
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stated herein as follows:
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Pursuant to Federal Rules of Bankruptcy Procedure 7008 which is
(a) Applicability of Rule 8 F.R.Civ.P. Rule 8 F.R.Civ.P. applies in adversary
proceedings. The allegation of jurisdiction required by Rule 8(a) shall also
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contain a reference to the name, number, and chapter of the case under the
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Code to which the adversary proceeding relates and to the district and
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division where the case under the Code is pending. In an adversary
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proceeding before a bankruptcy judge, the complaint, counterclaim, cross-
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claim, or third-party complaint shall contain a statement that the
proceeding is core or non-core and, if non-core, that the pleader does or
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does not consent to entry of final orders or judgment by the bankruptcy
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judge.
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(b) Attorney's Fees. A request for an award of attorney's fees shall be
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pleaded as a claim in a complaint, cross-claim, third-party complaint,
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answer, or reply as may be appropriate;
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Plaintiff Debtor alleges Jurisdiction is met by 28 USC 1334.
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This is an adversary proceeding in bankruptcy brought by Salma
Agha, the debtor in this case, pursuant to US statutes; and California and
Nevada Statutes.
ADVERSARIAL COMPLAINT
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residing in the State of California, and is a citizen of the United States of
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America, and therefore is entitled to bring this action.
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Plaintiff is the debtor, in the underlying action, and an individual
This is the district were Plaintiff's bankruptcy case is pending,
therefore, this is the appropriate district to bring this adversary proceeding,
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pursuant to U.S. Bankruptcy Rule 7003.
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Plaintiff is the Debtor in this bankruptcy proceeding.
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Plaintiff filed a voluntary Chapter 7 bankruptcy on May 30th,2010.
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This case was discharged on September 23rd, 2010, and Plaintiff has an
action pending to determine that was illegally reopened on September 18th,
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2012, lacking jurisdiction. Notice was sent to all creditors that a dividend
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may be possible, after the case was reopened. The case is presently still
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pending in the Ninth Circuit.
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10. 11 USC 157 provides that bankruptcy judges may hear and determine
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all cases arising under title 11 and any proceedings arising under title 11,
and all core proceedings arising in title 11, or in a case under title.
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11. This is a core proceeding, under 11 USC 157(b)(2)(o), which lists core
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proceedings as including "other proceedings affecting the liquidation of the
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assets of the estate and/or the adjustment of the debtor-creditor or the
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equity security holder relationship".
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II. PARTIES
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12. Plaintiff, Salma Agha-Khan, MD is a medical doctor, a single mother of
two sons, and is a minority colored woman of Pakistani descent, is and
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during all times material hereto, has been an individual residing in both Los
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Angeles County, State of California, and in Kern County, State of California.
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13. Defendant, Bank of America, N.A., ("BOA") is and was at all times
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mentioned a US Banking entity, having offices in California, deliberately,
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knowingly and fraudulently claimed to be Creditor in this Court in Plaintiff's
bankruptcy.
ADVERSARIAL COMPLAINT
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14. Defendant Citibank, NA., ("Citi") is a banking concern that owns
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Defendants Citimortgage, CR Title Services, Inc deliberately and knowingly
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appeared before this Court and submitted fraudulent request for Relief, so
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as to obtain Relief, in Plaintiff's bankruptcy, submitting forged Title
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documents.
15. Defendant Citicorp ("Citicorp") owns Defendant Citibank, NA., a US
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banking concern, deliberately and knowingly appeared before this Court and
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submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's
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bankruptcy, submitting forged Title documents.
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16. Defendant Citigroup, Inc., ("Citigroup) is owner of Defendant
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Citicorp., a publicly traded company deliberately and knowingly appeared
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before this Court and submitted fraudulent request for Relief, so as to
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obtain Relief, in Plaintiff's bankruptcy, submitting forged Title documents.
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17. Defendant Citimortgage, Inc. ("CMI") is a subsidiary of Defendant
Citibank, NA, a US banking and lending entity, with branches all over the
United States, deliberately and knowingly appeared before this Court and
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submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's
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bankruptcy, submitting forged Title documents.
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18. Defendant CR Title Services, Inc., ("CRT") is a subsidiary of Defendant
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Citibank, NA, a US banking and lending entity that deliberately and
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knowingly appeared before this Court and submitted fraudulent request for
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Relief, so as to obtain Relief, in Plaintiff's bankruptcy, submitting forged
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Title documents.
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Defendant Pite Duncan, LLP., ("Pite") are at all times mentioned
herein, on information and belief, a law firm comprising of attorneys duly
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licensed in the state of California, who represented CR Title Services,
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deliberately and knowingly appeared before this Court and submitted
fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy,
submitting forged Title documents.
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20. Defendant Eddie R. Jimenez ("Jimenez") is an attorney from Defendant
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Pite Duncan, LLP., who at all times mentioned herein, on information and
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belief, is duly licensed in the state of California, who represented CR Title
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Services, deliberately and knowingly appeared before this Court and
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submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's
bankruptcy, submitting forged Title documents.
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21. Defendant Brian A. Paino ("Paino") is an attorney from Defendant Pite
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Duncan, LLP., who at all times mentioned herein, on information and belief,
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is duly licensed in the state of California, who represented CR Title Services,
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deliberately and knowingly appeared before this Court and submitted
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fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy,
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submitting forged Title documents.
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22. Defendants Wolf & Wyman, LLP., ("Wolf") at all times mentioned is a
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law firm, and on information and belief, comprises of attorneys duly
licensed in the state of California, who represented Citi et. al., deliberately
and knowingly appeared before this Court and submitted fraudulent request
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for Relief, so as to obtain Relief, in Plaintiff's bankruptcy, submitting forged
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Title documents.
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23. Defendant Megan S. Tom ("Tom") is an attorney from Wolf & Wyman,
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LLP., who at all times mentioned herein, on information and belief, is duly
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licensed in the state of California, who represented Defendant Citimortgage,
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Inc., deliberately and knowingly appeared before this Court and submitted
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fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy,
submitting forged Title documents.
24. Defendant Heather S. Kim ("Kim") is an attorney from Wolf & Wyman,
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LLP., who at all times mentioned herein, on information and belief, is duly
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licensed in the state of California, who represented Defendant Citimortgage,
Inc., deliberately and knowingly appeared before this Court and submitted
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fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy,
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submitting forged Title documents.
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25. Defendant Andrew A. Bao ("Bao"), is an attorney from Wolf & Wyman,
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LLP., who at all times mentioned herein, on information and belief, is duly
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licensed in the state of California, who represented Defendant Citimortgage,
Inc., deliberately and knowingly appeared before this Court and submitted
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fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy,
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submitting forged Title documents.
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26. Defendant Travis Nurse, ("Nurse") is an employee of defendant
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Citimortgage Inc., as Business Operations Analyst gave Declaration
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deliberately and knowingly appeared before this Court and submitted
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fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy,
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submitting forged Title documents.
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27. Defendant GMAC Mortgage LLC, a business entity , ("GMAC") is and
at all times mentioned, a lender, and who also was during this period, a
debtor in US Bankruptcy, and who on information and belief, had offices
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throughout the United States, deliberately and knowingly appeared before
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this Court and submitted fraudulent request for Relief, so as to obtain
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Relief, in Plaintiff's bankruptcy.
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28. Defendant Routh Crabtree Olsen, P.S., ("RCO"), at all times
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mentioned is a law firm, and on information and belief, comprises of
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attorneys duly licensed in the state of California, who represented GMAC
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deliberately and knowingly appeared before this Court and submitted
fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy.
29. Defendant Edward T. Weber ("Weber"), is an attorney from Routh
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Crabtree Olsen, P.S., who at all times mentioned herein, on information
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and belief, is duly licensed in the state of California, who represented
Defendant GMAC. deliberately and knowingly appeared before this Court
ADVERSARIAL COMPLAINT
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and submitted fraudulent request for Relief, so as to obtain Relief, in
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Plaintiff's bankruptcy.
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Defendant Brett P. Ryan ("Ryan"), is an attorney from Routh Crabtree
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Olsen, P.S., who at all times mentioned herein, on information and belief,
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is duly licensed in the state of California, who represented Defendant GMAC.
deliberately and knowingly appeared before this Court and submitted
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fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy.
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Defendant 3onathan J. Damen ("Damen"), is an attorney from Routh
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Crabtree Olsen, P.S., who at all times mentioned herein, on information
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and belief, is duly licensed in the state of California, who represented
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Defendant GMAC deliberately and knowingly appeared before this Court and
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submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's
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bankruptcy.
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Defendant OCWEN Financial Corp., acquired Defendant GMAC's home
loans and thus liabilities related to their actions pertaining to the loans
exists in US with branches in several stats.
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Defendant Aurora Loan Services LLC., ("Aurora"), is a surrendered
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Delaware Corporation, unable to conduct business in California at all times
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mentioned herein, deliberately and knowingly appeared before this Court
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and submitted fraudulent request for Relief, so as to obtain Relief, in
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Plaintiff's bankruptcy.
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Defendant McCarthy & Holthus, LLP., ("MH"), at all times mentioned is
a law firm, and on information and belief, comprises of attorneys duly
licensed in the state of California, who represented Defendant Aurora Loan
Services LLC deliberately and knowingly appeared before this Court and
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submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's
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bankruptcy.
Defendant JaVonne M. Phillips ("Phillips"), is an attorney from
ADVERSARIAL COMPLAINT
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McCarthy & Holthus, LLP., who at all times mentioned herein, on
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information and belief, is duly licensed in the state of California, who
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represented Defendant Aurora Loan Services LLC deliberately and knowingly
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appeared before this Court and submitted fraudulent request for Relief to
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obtain Relief, in Plaintiff's bankruptcy.
Defendant Mishaela 3. Graves ("Graves"), is an attorney from McCarthy
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& Holthus, LLP., who at all times mentioned herein, on information and
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belief, is duly licensed in the state of California, who represented Defendant
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Aurora Loan Services LLC deliberately and knowingly appeared before this
Court and submitted fraudulent request for Relief to obtain Relief, in
Plaintiff's bankruptcy.
Defendant BAC Home Loan Servicing LP., ("BAC") is a subsidiary of
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Defendant Bank of America that collected fraudulent mortgage from Plaintiff
and enrolled her into fraudulent loan modification for a loan that did not
exist.
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Defendant, Bruce Breitman ("Breitman"), is an individual, believed to
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be residing in the San Francisco area, State of California believed to be a
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licensed California Attorney and is also named in that capacity, as well as he
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is believed to be a licensed California Real Estate Agent and or Broker and
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in also named in that capacity and owner of BBG Ltd and is also named in
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that capacity who fraudulently claimed to be a Creditor in Plaintiff's
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Bankruptcy after defrauding her.
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Defendant BBG, Ltd., ("BBG") is a California Corporation believed to
be the alter ego of Defendant Bruce Breitman that was fraudulently claimed
to be the entity Plaintiff owed money to for a fraudulent business
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transaction.
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Defendant David N. Chandler Sr., ("ChandlerSr") is an individual and
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believed to be a licensed California attorney; also known as David N.
ADVERSARIAL COMPLAINT
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Chandler, an individual and an attorney; also known as David Chandler,
Chandler, an individual and an attorney; also known as David Chandler,
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David N. Chandler represented Defendant Breitman and a longtime friend of
Breitman
a longtime friend of
David N. Chandler represented
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Defendant Judge Clement responsible for fraudulently enrolling his Clients
Clement responsible for fraudulently enrolling his Clients
Defendant
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Defendants Breitman and BBG Ltd as Creditors in Plaintiff's Bankruptcy
Defendants Breitman and BBG Ltd as Creditors in Plaintiff's Bankruptcy
41. Defendant David N. Chandler Jr., ("ChandlerJr") is an individual and
41. Defendant David N. Chandler Jr., ("ChandlerJr") is an individual and
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believed to be a licensed California attorney; also known as David N.
believed to be a licensed California attorney; also known as David N.
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Chandler, an individual and an attorney; also known as David Chandler,
Chandler, an individual and an attorney; also known as David Chandler,
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Breitman
a longtime friend of
David N. Chandler represented Defendant Breitman and a longtime friend of
David N. Chandler represented
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Defendant Judge Clement responsible for fraudulently enrolling his Clients
Clement responsible for fraudulently enrolling his Clients
Defendant
Defendants Breitman and BBG Ltd as Creditors in Plaintiff's Bankruptcy
Defendants Breitman and BBG Ltd as Creditors in Plaintiff's Bankruptcy
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42. Defendant David N.N. Chandler, PC., ("ChandlerPC")aka. Law Office of
Defendant David Chandler, PC., ("ChandlerPC") aka. Law Office of
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David Chandler, is a law firm, believed to be aa California Professional Legal
David Chandler, is law firm, believed to be California Professional Legal
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Corporation owned by Defendant David Chandler responsible for
Corporation owned by Defendant David Chandler responsible for
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fraudulently enrolling his Client s Defendants Breitman and BBG Ltd as
Defendants Breitman and BBG Ltd as
fraudulently enrolling his Client
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Creditors in Plaintiff's Bankruptcy.
in Plaintiff's Bankruptcy.
43. Defendant Judge Fredrick E. Clement ("Clement"), US Bankruptcy
43. Defendant Judge Fredrick E. Clement ("Clement"), US Bankruptcy
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Judge on the case who deliberately, knowingly and intentionally allowed
Judge on the case who deliberately, knowingly and intentionally allowed
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fraud, forged documents and filings to be presented to this Court in
fraud, forged documents and filings to be presented to this Court in
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Plaintiff's bankruptcy.
Plaintiff's bankruptcy.
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44. Defendant Judge W. Richard Lee ("Lee"), US Bankruptcy Judge on the
Defendant Judge W. Richard Lee ("Lee"), US Bankruptcy Judge on the
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case who deliberately, knowingly and intentionally allowed fraud, forged
who deliberately, knowingly and intentionally allowed fraud, forged
presented to this Court in Plaintiff's bankruptcy
documents and filings to be presented to this Court in Plaintiff's bankruptcy
filings
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refusing to Default defendants in a related case to fraudulently dismiss that
refusing to Default defendants in related case to fraudulently dismiss that
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complaint, fraudulently not allowing notice of appeal to be filed shunting it
allowing notice of appeal
be filed shunting it
complaint, fraudulently
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into a wrong district, under wrong case number,, with wrong case title.
wrong
number" with wrong case title.
into wrong district,
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45. All the acts complained of and alleged herein occurred in the County
45. All the acts complained of and alleged herein occurred in the County
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of Los Angeles, County of Kern, State of California, and in Clark County
Los Angeles, County
Kern, State of California, and in Clark County
State of Nevada, at the various places as alleged.
of Nevada, at the various places as alleged.
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46. Plaintiff is ignorant of the true names and capacities of the defendants
Plaintiff is ignorant of the true names and capacities of the defendants
sued herein as Does 1 through 100, inclusive, and therefore sue said
herein as Does 1 through 100, inclusive, and therefore sue said
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defendants by said fictitious names. Plaintiff will amend this complaint to
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state said defendants' true names and capacities when the same have been
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ascertained.
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47. Upon information and belief, at all times mentioned herein the Doe
defendants, and each of them, were the alter egos, agents, servants,
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partners, transferees of any type, successors-in-interests, and/or
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employees of the named defendants and of one another. Said defendants
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aided and abetted or participated with the named defendants and with each
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other in the wrongful acts and course of conduct complained of herein, or
otherwise caused the damages sought herein and are responsible for the
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acts, occurrences, and events alleged in this complaint. In doing the things
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herein alleged, they were acting within the scope of their authority and with
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the permission and consent of the named defendants and of each other,
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and said acts, and each of them, have been ratified and consented to by
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each of the defendants.
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III. GENERAL ALLEGATIONS
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48. Plaintiff filed a voluntary Chapter 7 bankruptcy on May 30, 2010. This
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case was discharged on September 23, 2010.
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pending on these incidents
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Plaintiff has an appeal
49. Plaintiff has an action pending against this Court, the original Judge
Fredrick Clement and the presiding Judge W. Richard Lee in her action, the
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Trustee and many others.
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50. This adversary complaint is filed by Plaintiff in the underlying
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Bankruptcy, including but not limited to real properties owned by Plaintiff,
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against creditors known who had no interest in her Properties but
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fraudulently claimed an interest.
51. In 2015, Plaintiff retained experts to review, title documents relative
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to her foreclosures, and reliefs granted/administered through this Court,
because Plaintiff has realized and alleged other frauds in her bankruptcy.
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These experts have uncovered that Defendants and each of them, as well
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as their attorneys and agents have not been truthful with this Court, and
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have filed or caused to be filed false claims and even forged documents,
containing many untruths, and have engaged in a scheme to deprive
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Plaintiff of her property rights under US and state laws.
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52. This action includes the wrongful foreclosure actions resulting from
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reliefs obtained in this court through filing of false information and even
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forged documents of Plaintiff's real property titles.
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53.
Plaintiff's properties include:
A. 2448 Granada Bluff Court, Las Vegas, Nevada 89135 ("Granada").
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The legal description of this property is:
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Lot 269, SUMMERLIN VILLAGE 19 - PARCEL "G" PHASE 2 , in the
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City of Las Vegas, County of Clark, State of Nevada, as shown by Map
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thereof on file in Book 120 of Plats Page 73, in the Office of the County
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Recorder of Clark County, Nevada. APN 164-02-813-040
B.
1967 Cherry Creek Circle, Las Vegas, Nevada, 89135 ("Cherry
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Creek"). The legal description of the property is:
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Parcel I: Lot 9 in Block 6 of Red Rock Country Club at Summerlin Unit
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24, as shown by map thereof on file in Book 107 of Plats, Page 71, in the
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office of the County Recorder of Clark County, Nevada. APN:164-02-218-001
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C. 11545 Cantina Terlano Place, Las Vegas Nevada, 89141.
("Cantina11545"). The legal description of the property is as follows: Lot 10
of Amended Plat of San Sevino West at Southern Highlands. As shown by
Map thereof on file in Book 115 of Plats, Page 81, in the office of the County
Recorder of Clark County, Nevada. APN: 19 1-05-217-007
D. 11539 Cantina Terlano Place, Las Vegas Nevada, 89141.
("Cantina 11539"). The legal description of the property is as follows: Lot 9
of Amended Plat of San Sevino West at Southern Highlands. As shown by
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Map thereof on file in Book 115 of Plats, Page 81, in the office of the County
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Recorder of Clark County, Nevada. APN: 191-05-217-006
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E. 11622 Harrington Street, Bakersfield, California 93311.
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("Harrington"). The legal description of the property is as follows: Lot 3 of
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Tract No. 5946, Phase C, in the City of Bakersfield, County of Kern, State of
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California, as per map recorded March 31, 2000 in Book 45, Page 189 of
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Maps, in the Office of the County Recorder of Said County. APN: 523-12 1-
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03-00-3
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54. The complete extent of the schemes and frauds may still be not
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known to Plaintiff, and this is an ongoing investigation, which includes other
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arms of the US Government.
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55. To effectuate their scheme these Defendants and each of them filed
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and pursued non-judicial foreclosure documents recorded by Defendants
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which are fraudulent, containing untrue and fabricated statements, willful
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omissions of critical information, including forged title documents, and
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were promulgated through counterfeit securities and/or assignments
17
instruments which were not made available to Plaintiff, and which defrauded
18
the this Court, the United States Government, including the Securities and
19
Exchange Commission, the state of Nevada and the State of California.
20
56.
21
were wrongful and that Defendants acted "intentionally, fraudulently and in
22
conscious and callous disregard for the rights of Plaintiff.
23
57. Plaintiff alleges that Defendants were collecting mortgages from her
24
without having any legal right to do so, enrolled her in loan modification for
25
a loan they legally did not have all actions pushing her into bankruptcy.
Plaintiff alleges that the non-judicial foreclosure of Plaintiff's homes
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58. Plaintiff alleges that Defendant became "Creditors" and their
2
representing Counsel in her Bankruptcy by fraudulent mis-representations.
3
A. DEFENDANT BANK OF AMERICA, BAC HOME LOAN
4
SERVICING LP'S BECOMING CREDITORS FRAUDULENTLY
5
6
59.
Plaintiffs repeats and realleges the allegations contained in the
preceding paragraphs of this Complaint as though said paragraphs were
7
fully set forth herein.
8
60.
9
concerns Plaintiff's Cantina 11545 and Cantina 11539 homes.
10
Defendants Bank of America and BAC Home Loan Servicing's conduct
61. There is no valid Deed of Trust recorded on these properties under
their respective parcel numbers (Exhibits A, B)
11
62. These Defendants had been fraudulently collecting mortgage
12
payments from Plaintiff for about $5,000.00 per month, issued Notice of
13
Default when she defaulted, enrolled her in loan modification for a loan that
14
did not exist, even collected $50,000.00 from her for it to record a fraud
15
modification of the non-existing loan without disclosing the facts to her at
any time.
16
63. Defendants even staged a fraud foreclosure sale of Cantina1139
17
property causing Plaintiff to get involved in excessive litigations/expenses
18
etc. to clear the titles of her properties.
19
64. They are responsible for forcing Plaintiff into filing for Bankruptcy.
20
65. Plaintiff is informed and believes that to date these Defendants are
trying to claim an interest in her property.
21
22
B. DEFENDANT GMAC, OCWEN AND THEIR DEFENDANT ATTORNEYS
23
FRAUDULENT FILINGS AND RECORDINGS
24
25
66.
Plaintiffs repeats and realleges the allegations contained in the
preceding paragraphs of this Complaint as though said paragraphs were
fully set forth herein.
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67. Plaintiff is informed and believes and thereon alleges that, at all
2
relevant times mentioned in this Complaint, Defendant, GMAC MORTGAGE,
3
LLC, a corporation, organized and existing under the laws of the state of
4
Delaware and under the laws of United States, was conducting business in
the State of Nevada and claims to be the beneficiary under the deed of trust
5
executed by Plaintiff when no valid recorded assignment of Deed of Trust
6
exists against the parcel number (Exhibit Q.
7
68. Defendant and its attorneys participated in the unlawful and wrongful
8
foreclosure and subsequent illegal sale of Plaintiff's real property. GMAC
has been in an extended bankruptcy and was bought over by OCWEN.
9
GMAC MORTGAGE, LLC is not a bonafide purchaser of Plaintiff's real
10
property.
11
69. Defendant GMAC and their attorneys caused to be filed and recorded
12
multiple fraudulent documents including deliberate omission of facts and
13
truths to fraudulently obtain relief from this Court pertaining to a real
property they had no claim to whatsoever. They filed Bk. Doc #53, 54, 55,
14
56, 58 with fraudulent relief Order gained, Doc #65.
15
70. These Defendants had been fraudulently collecting mortgage
16
payments from Plaintiff for about $4,000.00 per month, issued Notice of
17
Default, enrolled her in loan modification for a loan they did not have, to
18
fraudulently foreclose and sell the property during the loan modification
process without disclosing the true facts to her at any time.
19
71. They are responsible for forcing Plaintiff into filing for Bankruptcy.
20
21
22
23
C. DEFENDANT AURORA AND THEIR ATTORNEYS
FRAUDULENT FILINGS AND RECORDINGS
72. Plaintiffs repeats and realleges the allegations contained in the
preceding paragraphs of this Complaint as though said paragraphs were
24
fully set forth herein.
25
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73. Plaintiff purchased the Cherry Creek property by paying the full
2
purchase price cash subsequently getting a mortgage loan for a portion of
3
the price paid from Pacific Community Mortgage Inc. (PCM)
74. Plaintiff was never told that Pacific Community Mortgage had ceased
4
to exist for over ten prior so that no lender by that name exixted and thus
5
Plaintiff had no mortgage (Exhibit D)
6
75. Also a non-existing entity cannot have any beneficiaries and
7
assignees or assets that it could transfer etc. So that the Deed of Trust was
8
an unenforceable fraud piece of paper that was recorded.
76. Defendants Aurora and its attorneys knew these facts. Yet they
9
fraudulently collected about $5,000.00 in mortgage from Plaintiff, issuing
10
Notice of Default and even enrolled her in a fraud loan modification program
11
for a loan that did not exist.
12
77. Defendants during loan modification process, foreclsoed and sold the
13
property ilegally to pocket the money.
78. Defendants even defrauded SEC and other agencies as well.
14
79. Defendant Aurora and its attorneys knew they had no right, title or
15
interest legal or beneficial in the Cherry Creek Property, when it filed
16
documents in Plaintiff's Bankruptcy asking for relied Doc #16, 17, 18, 19,
17
20, 21 to fraudulently obtain Order for Relief Doc #30..
18
80.
Plaintiff alleges that notwithstanding that she believed she obtained
a loan later with Pacific Community Mortgage (PCM)
19
20
21
22
However that entity
did not exist at the time Plaintiff signed a contract with them. This is a true
and correct copy of the status of PCM with the California Secretary of State
PACIFIC COMMUNITY MORTGAGE
COMPANY
23
08/02/1990
24
FTB SUSPENDED
25
CALIFORNIA
2608 VAN GOGH DRIVE
ADVERSARIAL COMPLAINT
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MODESTO CA 95356
2
DALE F. MURATORE
3
2608 VAN GOGH DRIVE
4
MODESTO CA 95356
5
6
81. At the time of the recording of the documents Defendant Aurora and
7
its attorneys knew the documents were false and forged, yet they
8
intentionally or recklessly recorded them.
9
10
82. They are responsible for forcing Plaintiff into filing for Bankruptcy.
D. DEFENDANT CITIMORTGAGE AND THEIR ATTORNEYS
11
FRAUDULENT FILINGS AND RECORDINGS
12
83. Plaintiffs repeats and realleges the allegations contained in the
13
preceding paragraphs of this Complaint as though said paragraphs were
fully set forth herein.
14
84. Defendant Citi et. al.'s conduct and fraudulent and falsified forged
15
documents submitted to this court concern her Harrington property. This is
16
the home where Plaintiff and her two sons had resided from January 2003
17
till at the June 2013 when she was illegally locked out of her home by these
18
Defendants so they could steal her invaluable properties and illegally cash
in on her quiet title property.
19
85. Defendant Citi et. al. had no valid claim on this property as there is no
20
recorded valid, enforceable Assignment of Deed of Trust on this property.
21
86. Defendant Citi et. al. were fraudulently collecting about $5,000.00 as
22
mortgage from Plaintiff till she defaulted. That is when Defendant Citi et. al.
23
recorded the fraudulent Assignment of Deed of Trust, Notice of Default AND
Substitution of Trustee SIMULTANEOUSLY, ON THE SAME DAY, March 08,
24
2010. (Exhibits E, F, G)
25
87. Defendant Citi et. Ia. knew very well that their filed Assignment was
forged as it had missed its cut-off date by OVER SIX YEARS.
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88. Defendant Citi et. al. also knew very well that their filed Assignment
2
was forged as the only entity that could have assigned anything into the
3
SASC 2003-18XS was Structured Asset Securities Corp and not Defendants
Citi et. al.
4
89. Defendant Citi et. al. also knew very well that their claim to MERS
5
nominee was fraud as Structured Asset Securities Corp was not a MERS
6
member and could not have assigned anything to the Defendants using
7
MERS.
8
90. Defendant Citi et. al. were listed as secured creditor on Plaintiff's
voluntary Chapter 7 bankruptcy.
9
91. At no time during the administration of the Chapter 7 Bankruptcy did
10
Defendant Citi et. al. file a claim or seek other relief from stay to pursue
11
any action against Plaintiff's Harrington Home. (Exhibit H)
12
92. Defendant Citi et. al. did not seek to foreclose on the supposed
13
security and the note, because of all the facts listed above Defendants Citi
et. al. knew they had no legal or beneficial right to the title or had any
14
interest in the property to do so.
15
93. Defendant Citi et. al.'s fraudulent claim to being a Creditor in
16
plaintiff's Bankruptcy in lieu of their fraudulent claim to the note was thus
17
discharged when the Bankruptcy was discharge on September 23, 2010.
18
94. Yet Defendants Citi et. al. continued to illegally lay a claim on the
property enrolling Plaintiff in a loan modification program for a loan they
19
had no right to collect anything on.
20
95.
21
modification program for about two years, an extended modification
22
negotiation to "bate and switch" her that Plaintiff entered into in good faith
23
Defendants Citi et. al. kept Plaintiff fraudulently in their loan
negotiation, providing documents, calling, emailing, faxing them through a
third party and added cost believing that Defendant Citi et. al. had the right
24
25
to modify her loan.
96. Defendant Citi et. al. fraudulently approved the modification to keep her
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in underwriting for about five months and than because they had no real
2
papers to backup the modification, they stage an illegal foreclosure which is
3
doubly illegal as they did it during the loan modification process.
4
96. Defendants Citi et. al. did all of the above in violation of Bankruptcy
Protection Laws and the injunction which arises from discharge under 11
5
U.S. Code § 524; and the Fair Debt Collection Act, The Fair Debt Collection
6
Practices Act, 42 U.S.C. section 1692 - not to mention fraud, forgery and
7
other criminal acts they committed. (Exhibit 3, K)
8
97. Defendant Citi et. al. knowing they were committing frauds and
criminal actions than illegally sold the property to Wilmington Trust
9
Company (Wilmington) that was undergoing criminal investigation at that
10
time. And its principals were later indicted. (Exhibit I)
11
98. This sale was fraud in itself as Plaintiff's was told by the FBI Officer in-
12
charge of Wilmington's criminal investigation that there was no way
13
Wilmington could have entered into any agreements at that time.
99. Defendant Citi et. al. posing as Wilmington pursued an illegal Unlawful
14
Detainer action on behalf on Wilmington in Kern County Superior Court,
15
while the Bankruptcy was reopened, Automatic Stay existed, their fraud
16
debt had been discharged in 2010.
17
100. Defendant Citi et. al. proceeded to do an illegal lock-out on Plaintiff's
18
residence, broke-in, vandalized, trespassed and illegally removed all of
Plaintiff's belongings from her home and attaching of list to items removed
19
for their fraudulent motion asking for relief from stay Bk. Adv. Doc #105,
20
106, 107, 108, 109 filed August 04, 2014 (Exhibit 3, K). This is AFTER
21
Defendant Citi et. al. had SOLD the property to Wilmington.
22
101. Defendant Citi et. al. enlisted Re/Max to try and illegally sell the
23
property none of them owned. Re/Max et. al. keep putting the property on
the market and than taking it off knowing full well that there case pending
24
25
with lis-pendens on file and they have no right to do so.
102. Defendant Citi et. al. to justify their illegal claim on the Harrington
ADVERSARIAL COMPLAINT
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property have filed multiple motion in the Adversary Case 13-01086 with
2
increasing amounts of forgeries/alterations of documents submitted with
3
the same motion they were filing over and over again. Bk Adv 13-01086
4
Doc #9, 10, 11, 12, 17, 18, 19, 20, 21, 22, 123, 124, 125, 126, 134, 135,
136, 137, 138, 139, 140 (Exhibit L compared to Exhibits E, F, G)
5
103. Defendant Citi et. el. Even though they had illegally sold the property
6
in May 2012 to Wilmington are illegally holding on to the property and to
7
Plaintiff's belongings to this day.
8
104. It is because of these actions of Defendant Citi et. al. that Plaintiff
was forced into Bankruptcy.
9
10
E. DEFENDANT BRUCE BREITMAN AND BBG, LTD. AND THEIR
11
ATTORNEYS FROM LAW OFFICES OF DAVID CHANDLER, PC
12
FRAUDULENT FILINGS AND RECORDINGS
13
105. Plaintiffs repeats and realleges the allegations contained in the
preceding paragraphs of this Complaint as though said paragraphs were
14
fully set forth herein.
15
106. Defendants Breitman and BBG had defrauded the Plaintiff in her
16
attempt to purchase a business in San Francisco from Defendants close
17
friends/family members.
18
107. Defendants Breitman and BBG signed an exclusive representation
agreement with her not disclosing to her that sellers of that business were
19
his close friends/family and they had been doing business together for a
20
long time. Defendants were thus Undisclosed Double Agents.
21
108. Defendants also did not disclose to the Plaintiff that Seller's of that
22
business had recently defrauded an innocent buyer before the Plaintiff and
23
that case was pending in San Francisco Superior Court. Later that buyer
was awarded almost $700,000.00 in judgement.
24
25
109. Plaintiff had disclosed all the above facts to the Trustee, listed in
Creditors meetings transcripts along with her Vodka From Around the
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World, LLC's documents that were handed to the Trustee on record so he
2
may try to recover the LLC's $50,000.00 in businesses escrow account.
3
110. Thus when Plaintiff discovered these facts she filed a lawsuit against
4
Defendants Breitman and BBG ltd which she was sure to million when
considering the precedence case till Defendants hired Defendant Judge
5
Clement's friends Defendant Chandler et. al. as they had practice
6
Bankruptcy in Redding area together for over 20 years.
7
111. Defendant Chandler et. al. have admitted to this relationship but
8
Defendant Judge Clement has yet to admit this relationship even though the
entire reopening of Plaintiff's Bankruptcy is fraught with lies, document
9
alterations, conflicts-of-interest, hiding of true nature of hearings, hiding of
10
documents/filings, alteration of filings etc.
11
112. Defendant Judge Clement helped his friend out by illegally reopening
12
Plaintiff's Bankruptcy lacking jurisdiction to lie and state that previously
13
abandoned LLC and lawsuit were not disclosed and they are now property of
the estate to be sold to his friends clients for $15,000.00 instead of the
14
multimillion dollar judgement the case would have gotten.
15
113. Needless to say that the LLC never changed ownership and has
16
remained in Plaintiff's name further proving that these Defendants used
17
public resources, Bankruptcy Court for their own criminal personal gains.
18
114. Defendant Judge Clement to justify his all his illegal, corrupt actions
even claimed his friends Clients Creditors in Plaintiff's Bankruptcy when all
19
they did was defraud the Plaintiff. Bk Doc #93, 94, 95, 84. He even invited
20
his friend to give an opinion on the case when he was not a duly admitted
21
witness, expert or any person of any significance in the case (See Transcript
22
of hearing January 23, 2013)
23
115. Once Plaintiff realized the connection between Defendants and started
filing Motions against their illegal actions Defendants Breitman were
24
25
fraudulently named as Creditor's in Plaintiff's Bankruptcy without Plaintiff
owing them a penny for the way they had defrauded her causing her to
ADVERSARIAL COMPLAINT
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1
loose hundreds and thousands of dollars for a business that was designed to
2
steal from unsuspecting innocent people.
3
116. Plaintiff's than attorney did complain but Defendant Judge Clement
4
and his friend simply ridiculed the Plaintiff on record ignoring the complaint
and protest.
5
6
117. Plaintiff was forced into Bankruptcy because of these Defendants
actions.
7
8
F. DEFENDANTS JUDGE CLEMENT AND JUDGE W. RICHARD LEE
118. Plaintiffs repeats and realleges the allegations contained in the
9
preceding paragraphs of this Complaint as though said paragraphs were
10
fully set forth herein.
11
119. Defendant Judge Clement took his personal bias against the Plaintiff
12
even further by deciding to run her out of town. This was accomplished by
13
his helping Defendants Citi et. al. with their fraud claim n Plaintiff's home.
120. Defendant Judge Clement while stating that Automatic Stay of
14
Bankruptcy existed Bk. Adv. 13-01086 Doc #110 denying Defendant Citi
15
et. al's Motion for relief simply ignored the attached list of items these
16
Defendants had illegally removed from Plaintiff's home by breaking-in,
17
vandalizing and trespassing. (Exhibit K, L)
18
121. Defendant Judge Clement had placed a stay on Bankruptcy
proceedings pending resolution of misconduct complaint filed against him.
19
Bk Doc #118, 119 and Bk. Adv. Doc #28, 29.
20
122. During the hearing held on February 12, 2014 Defendant Judge
21
Clement denies Plaintiff's Motion for his recusal by lifting the stay but also
22
refuses to allow Plaintiff' s home and her belonging to be returned to her as
23
he found that "balance of equities did not favor the Debtor" as "she had a
new residence"! (See Transcript of Hearing Bk. Adv. 13-01086 Doc # 82)
24
25
123. Defendant Judge Clement thus committed Bankruptcy fraud as well as
Mortgage Fraud by refusing to acknowledge Plaintiff's ownership and lack of
Defendant Citi et. aL's ownership of that property.
ADVERSARIAL COMPLAINT
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124. Defendant Judge Lee despite actively defending himself in related
2
case for about two years now has still managed to preside over this case to
3
further the illegal actions of his friend Defendant Judge Clement - so
4
hopefully they will be enjoying the same cell in the prison together soon.
125. Defendant Judge Lee also covered up the fact that the debt/note even
5
if it was valid had been discharged in Bankruptcy in 2010. He also covered
6
up all the facts presented to him in the form of Title Chain records to deny
7
the Plaintiff her home and her belongings and even refusing to Default
8
Wilmington. Plaintiff Notice of Appeal and Statement of Issues is missing
from the Docket to this day (Exhibit N, 0, P)
9
126. Defendant Judge Lee DISMISSED Plaintiff's complaint against Citi et.
10
Al. for violation of Automatic Stay, Bk. Adv. 13-01086, against all
11
Defendants, including Defaulting Defendants which he later refused to
12
Default acting as BOTH JUDGE AND PLAINTIFF IN THE SAME CASE! (Bk.
13
Adv. 13-0 1086 Doc #264, 267, 274, 275) (Exhibit M)
127. Plaintiff has suffered enormously and is suffering to this day because f
14
the ruthless, criminal actions of these corrupt judges.
15
16
IV. FIRST CAUSE OF ACTION - VIOLATION OF 18 USC §157
17
BANKRUPTCY FRAUD AGAINST ALL DEFENDANTS
18
128. Plaintiffs repeats and realleges the allegations contained in the
preceding paragraphs of this Complaint as though said paragraphs were
19
fully set forth herein.
20
129. In doing the acts heretofore alleged Defendants, and each of them
21
violated 18 USC § 157 - BANKRUPTCY FRAUD
22
130. 18 U.S. Code § 157 provides as follows:
23
A person who, having devised or intending to devise a scheme or artifice to
defraud and for the purpose of executing or concealing such a scheme or
24
25
artifice or attempting to do so (1) files a petition under title 11, including a fraudulent involuntary
petition under section 303 of such title;
ADVERSARIAL COMPLAINT
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1
(2) files a document in a proceeding under title 11; or
2
(3)makes a false or fraudulent representation, claim, or promise
3
concerning or in relation to a proceeding under title 11, at any time
before or after the filing of the petition, or in relation to a proceeding
4
falsely asserted to be pending under such title, shall be fined under this
5
title, imprisoned not more than 5 years, or both.
6
131. Plaintiff-Debtor is the victim of bankruptcy fraud, with VIOLATION OF
7
18
8
usc
§ 157 by virtue of the violations of Title 11 as plead previously,
committed by all Defendants herein and has been gravely harmed.
132. On each and every occasion, as heretofore plead, Defendants and
9
each of them, made false and fraudulent representations and claims in the
10
Plaintiff's bankruptcy, intentionally or recklessly, and without proper
11
investigation of the true facts.
12
133. On each and every occasion, as heretofore plead, Defendants and
13
each of them, made false and fraudulent representations, even forging Title
documents and hiding critical facts, claiming an interest in Plaintiff's
14
properties, that they did not legally or beneficially have.
15
134. Plaintiff alleges that all the Defendants had no rights title or interest
16
in Plaintiff's properties, yet they intentionally or recklessly recorded or
17
caused to be recorded, forgeries, frauds and documents that were not
18
truthful, real, original or conformed true and correct copies.
135. In addition to the violations of the US Bankruptcy Laws these
19
Defendants violated both the California Statutes and the Nevada Revised
20
Statutes.
21
136. As a result of these fraudulent transfers, Plaintiff has been gravely
22
damaged so much so that she had to file Bankruptcy, and has been losing
23
$5,000.00 per month in rent money for each property amounting to another
24
$480,000.00 for each property and it is accruing daily from this property
25
not to mention over $240,000.00 mortgages the Defendants collected from
ADVERSARIAL COMPLAINT
24
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1
her for years and the BOA collection of $50,000.00 for "loan modification",
2
not to mention the over $,1,000,000.00 cash in down payments.
3
Plaintiff-Debtor's damage total is estimated to be over fifty million US
4
dollars. An exact amount is yet unknown presently but Plaintiff will amend
5
this complaint when the full amount of her damages is known.
6
V. SECOND CAUSE OF ACTION
7
VIOLATION OF 18 USC §152 MAKING OF FALSE OATHS
8
AGAINST ALL DEFENDANTS
9
Plaintiffs repeats and realleges the allegations contained in the
10
preceding paragraphs of this Complaint as though said paragraphs were
11
fully set forth herein.
12
13
14
15
16
17
18
In doing the acts heretofore alleged Defendants, and each of them
violated 18 USC § 152
- CONCEALMENT OF ASSETS, FALSE OATHS,
CLAIMS AND BRIBERY
18 U.S. Code § 152 provides as follows:
A person who knowingly and fraudulently conceals from a custodian, trustee,
marshal, or other officer of the court charged with the control or custody
of property, or, in connection with a case under title 11, from creditors or
19
the United States Trustee, any property belonging to the estate of a
20
debtor;
21
knowingly and fraudulently makes a false oath or account in or in
22
relation to any case under title 11;
23
knowingly and fraudulently makes a false declaration, certificate,
24
25
verification, or statement under penalty of perjury as permitted under
section 1746 of title 28, in or in relation to any case under title 11;
ADVERSARIAL COMPLAINT
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1
(4) knowingly and fraudulently presents any false claim for proof against
2
the estate of a debtor, or uses any such claim in any case under title 11,
3
in a personal capacity or as or through an agent, proxy, or attorney;
4
(5) intentionally omitted
5
(6) knowingly and fraudulently gives, offers, receives, or attempts to
6
obtain any money or property, remuneration, compensation, reward,
7
advantage, or promise thereof for acting or forbearing to act in any case
8
under title 11;
9
(7) in a personal capacity or as an agent or officer of any person or
10
corporation, in contemplation of a case under title 11 by or against the
11
person or any other person or corporation, or with intent to defeat the
12
provisions of title 11, knowingly and fraudulently transfers or conceals
13
14
15
16
any of his property or the property of such other person or corporation;
(8) after the filing of a case under title 11 or in contemplation thereof,
knowingly and fraudulently conceals, destroys, mutilates, falsifies, or
makes a false entry in any recorded information (including books,
documents, records) and papers relating to the property or financial
17
affairs of a debtor; or
18
(9) after the filing of a case under title 11, knowingly and fraudulently
19
withholds from a custodian, trustee, marshal, or other officer of the court
20
or a United States Trustee entitled to its possession, any recorded
21
information (including books, documents, records, and papers) relating
22
to the property or financial affairs of a debtor, shall be fined under this
23
24
25
title, imprisoned not more than 5 years, or both.
141. On each and every occasion, as heretofore plead, Defendants and
each of them, made false and fraudulent representations and claims in the
ADVERSARIAL COMPLAINT
2
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2
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Plaintiff's bankruptcy, intentionally or recklessly, and concealing the proper
Itrue facts.
3
142. On each and every occasion, as heretofore plead, Defendants and
4
each of them, made false and fraudulent representations claiming an
5
interest in Plaintiff's properties, that they did not legally and or beneficially
6
Ihave.
7
143. Plaintiff alleges that all the Defendants had no rights title or interest
8
in Plaintiff's properties, yet they intentionally or recklessly recorded or
9
caused to be recorded, forgeries, frauds and documents that were not
10
truthful, real, original or conformed true and correct copies while concealing
11
the true facts.
12
144. In addition to the violations of the US Bankruptcy Laws these
13
14
15
16
17
Defendants violated both the California Statutes and the Nevada Revised
Statutes as well as Federal Statutes and Judicial Canons.
145. As a result of these fraudulent transfers, Plaintiff has been gravely
damaged so much so that she had to file Bankruptcy, and has been losing
$5,000.00 per month in rent money for each property amounting to another
$480,000.00 for each property and it is accruing daily from this property
18
not to mention over $240,000.00 mortgages the Defendants collected from
19
her for years and the BOA collection of $50,000.00 for "loan modification",
20
not to mention the over $,1,000,000.00 cash in down payments.
21
146. Pla i ntiff- Debtor's damage total is estimated to be over fifty million US
22
dollars. An exact amount is yet unknown presently but Plaintiff will amend
23
this complaint when the full amount of her damages is known.
24
25
VI. THIRD CAUSE OF ACTION
FOR FRAUD AGAINST ALL DEFENDANTS
ADVERSARIAL COMPLAINT
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147. Plaintiffs repeats and realleges the allegations contained in the
2
preceding paragraphs of this Complaint as though said paragraphs were
3
fully set forth herein.
4
148. In doing the acts heretofore alleged Defendants, Plaintiff alleges that
5
each and every Defendant, intended to misrepresent, and did misrepresent,
6
certain facts to Plaintiff, the recorders in the States of Nevada and
7
California, the entire world wide web, and the state courts, Bankruptcy
8
Court, as well as the local Bakersfield Unlawful Detainer Court.
9
149. Plaintiff alleges that each and every Defendant represented than an
10
important fact about her and her property, was true, when in fact it was
11
false.
12
150. Plaintiff alleges that each and every Defendant knew that the
13
14
15
16
representations were false when they made them, or that they made the
representation recklessly and without regard for its truth hiding the facts
deliberately.
151. Plaintiff alleges that each and every Defendant intended that Plaintiff,
the states of Nevada and California, the Courts, and the entire world rely
17
on their misrepresentation.
18
152.
Plaintiff reasonably relied upon each and every Defendant's
19
representation, and was harmed in doing so. The harm is continuing to this
20
day.
21
153. Plaintiff alleges that her reliance upon each and every Defendant's
22
representation, was a substantial factor in causing her harm.
23
24
25
154. As a result of these fraudulent transfers, Plaintiff has been gravely
damaged so much so that she had to file Bankruptcy, and has been losing
$5,000.00 per month in rent money for each property amounting to another
$480,000.00 for each property and it is accruing daily from this property
ADVERSARIAL COMPLAINT
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1
not to mention over $240,000.00 mortgages the Defendants collected from
2
her for years and the BOA collection of $50,000.00 for "loan modification",
3
not to mention the over $,1,000,000.00 cash in down payments.
4
155. Pla i ntiff- Debtor's damage total is estimated to be over fifty million US
5
dollars. An exact amount is yet unknown presently but Plaintiff will amend
6
this complaint when the full amount of her damages is known.
7
VII. FOURTH CAUSE OF ACTION FOR VIOLATIONS OF
8
42 USC 1982, VIOLATION OF PLAINTIFF DEBTOR'S PROPERTY
9
RIGHTS; AND VIOLATIONS OF 42 USC 1983
10
DEPRIVATION OF PLAINTIFF RIGHTS AGAINST ALL DEFENDANTS
11
156. Plaintiffs repeats and realleges the allegations contained in the
12
preceding paragraphs of this Complaint as though said paragraphs were
13
fully set forth herein.
14
157. In doing the acts heretofore alleged Defendants, acted as
15
governmental entities, in non-judicial foreclosure states, and each of them
16
violated 42 USC 1982, the property rights of Plaintiff Salma Agha- Khan,
17
MD, a single mother of two, a woman of color, and of Pakistani descent.
18
158. Plaintiff alleges that in foreclosing in a non-judicial foreclosure states,
19
Nevada and California Defendants who foreclosed, or otherwise caused to
20
be recorded and filed false and forged documents, held themselves out to
21
the world, as committing a state action against Plaintiff.
22
159. Inasmuch as Defendants have performed and committed "judicial
23
acts" and are entrusted with performing them legally, Plaintiff alleges that
24
Defendants are liable for the deprivation of her rights caused by the use of
25
otherwise known judicial acts, their permission to act judicially.
160. 42 USC 1982 provides as follows:
ADVERSARIAL COMPLAINT
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42 U.S. Code § 1982 - PROPERTY RIGHTS OF CITIZENS: All citizens of
2
the United States shall have the same right, in every State and Territory, as
3
is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold,
4
and convey real and personal property.
5
161. Plaintiff is the victim of violation of 42 USC 1982 by virtue of the
6
violations of statutes as plead previously, committed by all foreclosing
7
Defendants and other knowingly and deliberately participating in the acts
8
detailed herein and has been harmed.
9
10
Plaintiff's damages are accruing daily.
In doing the acts heretofore alleged Defendants, and each of them
11
violated 42 USC 1983, by depriving Plaintiff, Salma Agha- Khan, MD, a
12
single mother of two, a woman of color, and of Pakistani descent, her
13
rights. No remedy was available to her because she did not know of the
14
acts and omissions which give rise to these allegations at the time they
15
were committed.
16
17
42
USC
1983
provides
DEPRIVATION OF RIGHTS
-
as
follows:
CIVIL ACTION
FOR
Every person who, under color of any
18
statute, ordinance, regulation, custom, or usage, of any State or Territory
19
or the District of Columbia, subjects, or causes to be subjected, any citizen
20
of the United States or other person within the jurisdiction thereof to the
21
deprivation of any rights, privileges, or immunities secured by the
22
Constitution and laws, shall be liable to the party injured in an action at law,
23
suit in equity, or other proper proceeding for redress, except that in any
24
action brought against a judicial officer for an act or omission taken in such
25
officer's judicial capacity, injunctive relief shall not be granted unless a
declaratory decree was violated or declaratory relief was unavailable.
ADVERSARIAL COMPLAINT
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1
165. Plaintiff alleges herein that Defendants in doing the actions herein
2
complained of, conducted themselves in taking state actions, in non-judicial
3
foreclosure states, California and Nevada. As such Plaintiff alleges their
4
conduct, mirrored court action, but because the laws in these states do not
5
require court actions, such actions taken by Defendants was state action
6
against Plaintiff to deprive her of her rights and property.
7
166. Plaintiff is the victim of violation of 42 USC 1983 by virtue of the
8
violations of this and other US STATUTES violated as plead previously and
9
subsequently , committed by all Defendants herein.
10
167. Plaintiff and has been harmed in many ways and the harm is
11
continuing to this day.
12
168. As a result of these fraudulent transfers, Plaintiff has been gravely
13
damaged so much so that she had to file Bankruptcy, and has been losing
14
$5,000.00 per month in rent money for each property amounting to another
15
$480,000.00 for each property and it is accruing daily from this property
16
not to mention over $240,000.00 mortgages the Defendants collected from
17
her for years and the BOA collection of $50,000.00 for "loan modification",
18
not to mention the over $,1,000,000.00 cash in down payments.
19
169. Plaintiff-Debtor's damage total is estimated to be over fifty million US
20
dollars. An exact amount is yet unknown presently but Plaintiff will amend
21
this complaint when the full amount of her damages is known.
22
23
VIII. FIFTH CAUSE OF ACTION
24
VIOLATIONS OF DUE PROCESS CLAUSE OF US CONSTITUTION,
25
NEVADA STATE CONSTITUTION, CALIFORNIA STATE
CONSTITUTION, LACK OF NOTICE AGAINST ALL DEFENDANTS
ADVERSARIAL COMPLAINT
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1
170. Plaintiffs repeats and realleges the allegations contained in the
2
preceding paragraphs of this Complaint as though said paragraphs were
3
fully set forth herein.
4
171. In doing the acts heretofore alleged, the Defendants, and each of
5
them violated 42 USC 1982, the property rights of Plaintiff Salma Agha-
6
Khan, MD, a single mother of two, a woman of color, and of Pakistani
7
descent.
8
172. The California Constitution provides:
9
CALIFORNIA CONSTITUTION: ARTICLE 1 DECLARATION OF RIGHTS
10
SECTION 1.
11
inalienable rights. Among these are enjoying and defending life and liberty
12
acquiring, possessing, and protecting property, and pursuing and obtainirn
13
safety, happiness, and privacy.
14
SECTION 7. (a) A person may not be deprived of life, liberty, or propert
15
without due process of law or denied equal protection of the laws;
16
173. The
17
RIGHTS: All men are by Nature free and equal and have certain inalienabl
18
rights among which are those of enjoying and defending life and liberty;
19
Acquiring, Possessing and Protecting property and pursuing and obtaining
20
safety and happiness.
21
174. Plaintiff alleges that in foreclosing in a non-judicial foreclosure states
22
Nevada can California, Defendants who recorded false and forge
23
documents, and caused to be filed false and forged documents, and untruth
24
in Plaintiff's bankruptcy, held themselves out as committing a state action
25
against the Plaintiff.
All people are by nature free and independent and hav
NEVADA CONSTITUTION
also provides:
ADVERSARIAL COMPLAINT
INALIENABL
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175. In as much as Defendants have performed and committed "judicia
2
acts" and are entrusted with performing them legally, Plaintiff alleges th
3
Defendants are liable for the deprivation of her rights caused by the use
4
otherwise known judicial acts, their permission to act judicially.
5
Plaintiff had no notice of her rights in her properties.
Plaintiff
6
defrauded and the victim of crimes, as were the states of Nevada a
7
California and the US and Local courts.
8
9
10
Plaintiff was denied her US Constitutional and her Neva
Constitutional rights as well as her California Constitutional rights to notice,
and therefore was deprived her substantive and procedural due process.
11
Plaintiff was damaged by conduct of Defendants in denying her notice.
12
As a result of these fraudulent transfers, Plaintiff has been gravely
13
damaged so much so that she had to file Bankruptcy, and has been losin
14
$5,000.00 per month in rent money for each property amounting to anothe
15
$480,000.00 for each property and it is accruing daily from this property no
16
to mention over $240,000.00 mortgages the Defendants collected from he
17
for years and the BOA collection of $50,000.00 for "loan modification", not t
18
mention the over $,1,000,000.00 cash in down payments.
19
Plaintiff-Debtor's damage total is estimated to be over fifty million U
20
dollars. An exact amount is yet unknown presently but Plaintiff will amen
21
this complaint when the full amount of her damages is known.
22
IX. SIXTH CAUSE OF ACTION FOR NEGLIGENCE
23
AGAINST ALL DEFENDANTS
24
Plaintiffs repeats and realleges the allegations contained in the
25
preceding paragraphs of this Complaint as though said paragraphs were fully
set forth herein.
ADVERSARIAL COMPLAINT
33
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1
182. To bring a negligence claim , a plaintiff must show that (1) defendan
2
owed a duty of care to plaintiff; (2) defendant breached that duty; (3
3
defendant's breach was the actual and proximate cause of plaintiff's injuries
4
and (4) plaintiff was injured.
5
183. Plaintiff alleges that each and every lender and bank, as well as thei
6
attorneys, and Judges had a duty to the Plaintiff to ensure that any part
7
instructing it to conduct a foreclosure sale of the property actually owne
8
and had rights under the note and deed of trust, and that any party makin
9
claims and allegations in the US Bankruptcy Court abide by the law, an
10
make true statements.
11
184. Plaintiff also alleges that Defendant's failure to take the appropriate
12
steps to comply with this duty was the actual and proximate cause of
13
damages to Plaintiff.
14
185. Plaintiff alleges that all lending and foreclosing Defendants, as well as
15
their attorneys, presiding Judges violated these statutes as and against an
16
innocent Mother of two sons, and that all statutes plead herein should be
17
equitably tolled in her favor to accomplish justice.
18
186. As a result of these fraudulent transfers, Plaintiff has been gravely
19
damaged so much so that she had to file Bankruptcy, and has been losing
20
$5,000.00 per month in rent money for each property amounting to another
21
$480,000.00 for each property and it is accruing daily from this property
22
not to mention over $240,000.00 mortgages the Defendants collected from
23
her for years and the BOA collection of $50,000.00 for "loan modification",
24
not to mention the over $,1,000,000.00 cash in down payments.
25
187. Plaintiff-Debtor's damage total is estimated to be over fifty million US
ADVERSARIAL COMPLAINT
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1
dollars. An exact amount is yet unknown presently but Plaintiff will amend
2
this complaint when the full amount of her damages is known.
3
4
X. SEVENTH CAUSE OF ACTION
5
CONVERSION AGAINST ALL DEFENDANTS
6
188. Plaintiffs repeats and realleges the allegations contained in the
7
preceding paragraphs of this Complaint as though said paragraphs were
8
fully, set forth herein.
9
189. Defendants through their misrepresentation converted her high-end
10
properties, illegally selling some of them to pocket the monies generated
11
through the sales preventing Plaintiff from enjoying the rents from these
12
properties and also monies from the sale of these properties if she chose to
13
sell them.
14
190. Defendants specially Citi et. al. converted her personal possessions in
15
her primary residence on Harrington where she also owned business,
16
intellectual, professional and personal property contained in her Harrington
17
home that was all illegally removed by the Defendants without any legal
18
claim. Their only motive was HATE and BIAS!
19
191. Defendants Citi et. al. and their Defendant attorneys of record who
20
also represented the Unlawful Detainer Plaintiffs, Wilmington Trust, a
21
disgraced defunct group of incarcerated criminals, intentionally and
22
substantially interfered with Plaintiff Salma Agha-Khan's property by taking
23
possession of it illegally without her consent blessed by the presiding
24
Judges who acted deliberately and intentionally knowing they were
25
committing non-judicial acts for their own personal benefit.
ADVERSARIAL COMPLAINT
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1
192. Plaintiff was harmed and Defendants' conduct was a substantial fa
2
in causing Plaintiff's harm forcing her into Bankruptcy.
3
193. As a result of these fraudulent transfers, Plaintiff has been gravely
4
damaged so much so that she had to file Bankruptcy, and has been losing
5
$5,000.00 per month in rent money for each property amounting to another
6
$480,000.00 for each property and it is accruing daily from this property
7
not to mention over $240,000.00 mortgages the Defendants collected from
8
her for years and the BOA collection of $50,000.00 for "loan modification",
9
not to mention the over $,1,000,000.00 cash in down payments.
10
194. Plaintiff-Debtor's damage total is estimated to be over fifty million US
11
dollars. An exact amount is yet unknown presently but Plaintiff will amend
12
this complaint when the full amount of her damages is known.
13
14
XI EIGHTH CAUSE OF ACTION TRESSPASS TO CHATTEL
AGAINST DEFENDANTS
15
16
195. Plaintiffs repeats and realleges the allegations contained in the
17
preceding paragraphs of this Complaint as though said paragraphs were
18
fully set forth herein.
19
196. Defendants through their misrepresentation converted her high end
20
properties, illegally selling some of them to pocket the monies generated
21
through the sales preventing Plaintiff from enjoying the rents from these
22
properties and also monies from the sale of these properties if she chose to
23
sell them.
24
197. Defendants specially Citi et. al. converted her personal possessions in
25
her primary residence on Harrington where she also owned business,
ADVERSARIAL COMPLAINT
3
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1
intellectual, professional and personal property contained in her Harrington
2
home.
3
198. Defendants Citimortgage and their attorneys of record intentionally
4
and substantially interfered with Plaintiff Salma Agha-Khan's use and
5
enjoyment and professional use of her property by taking possession of it
6
without Plaintiff's consent.
7
199. Plaintiff was harmed and Defendants' conduct was a substantial factor
8
in causing Plaintiff's harm.
9
200. As a result of these fraudulent transfers, Plaintiff has been gravely
10
damaged so much so that she had to file Bankruptcy, and has been losing
11
$5,000.00 per month in rent money for each property amounting to another
12
$480,000.00 for each property and it is accruing daily from this property
13
not to mention over $240,000.00 mortgages the Defendants collected from
14
her for years and the BOA collection of $50,000.00 for "loan modification",
15
not to mention the over $,1,000,000.00 cash in down payments.
16
201. Plaintiff-Debtor's damage total is estimated to be over fifty million US
17
dollars. An exact amount is yet unknown presently but Plaintiff will amend
18
this complaint when the full amount of her damages is known.
19
20
XII. NINTH CAUSE OF ACTION
21
DEFAMATION AGAINST ALL DEFENDANTS
22
202. Plaintiffs repeats and realleges the allegations contained in the
23
preceding paragraphs of this Complaint as though said paragraphs were
24
fully set forth herein.
25
203. Defendants and each of them intentionally and recklessly published
false statements about and concerning Plaintiff, individually and as and
ADVERSARIAL COMPLAINT
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1
against her profession, business and personal reputation, by the recording
2
of false and forged documents and by using and preparing such false and
3
forged documents to get Court orders.
4
204. Defendants caused to be falsely published that Plaintiff could not
5
afford to pay her mortgage, which was categorically untrue, and that
6
Plaintiff was not able to pay or refused to pay financial obligations which
7
was also categorically untrue.
8
205. These publications were made recklessly and or intentionally, and
9
under penalty of perjury.
10
206. There is no privilege for these false and forged publications.
11
207. These publications have harmed and damaged Plaintiff and the
12
damage and harm is continuing to this day.
13
207. As a result of these fraudulent transfers, Plaintiff has been gravely
14
damaged so much so that she had to file Bankruptcy, and has been losing
15
$5,000.00 per month in rent money for each property amounting to another
16
$480,000.00 for each property and it is accruing daily from this property
17
not to mention over $240,000.00 mortgages the Defendants collected from
18
her for years and the BOA collection of $50,000.00 for "loan modification",
19
not to mention the over $,1,000,000.00 cash in down payments.
20
208. Plaintiff-Debtor's damage total is estimated to be over fifty million US
21
dollars. An exact amount is yet unknown presently but Plaintiff will amend
22
this complaint when the full amount of her damages is known.
23
24
XIII. TENTH CAUSE OF ACTION
25
FALSE LIGHT AGAINST ALL DEFENDANTS
ADVERSARIAL COMPLAINT
191.
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1
209. Plaintiffs repeats and realleges the allegations contained in the
2
preceding paragraphs of this Complaint as though said paragraphs were
3
fully set forth herein.
4
210. By alleging all of the acts and conduct Plaintiff has heretofore alleged,
5
Defendants widely and intentionally or recklessly caused the publication of
6
false and damaging information which identifies the Plaintiff; and places
7
the Plaintiff in a "false light" that would be highly offensive to a reasonable
8
person.
9
211. Plaintiff is a medical doctor, a nuclear radiologist, a resident of both
10
California and Nevada, in the United States and is a medical doctor in
11
Pakistan. She is a single mother of two, of Pakistani descent, and has been
12
harmed and damaged by such false and forged publication.
13
212. As a result of these fraudulent transfers, Plaintiff has been gravely
14
damaged so much so that she had to file Bankruptcy, and has been losing
15
$5,000.00 per month in rent money for each property amounting to another
16
$480,000.00 for each property and it is accruing daily from this property
17
not to mention over $240,000.00 mortgages the Defendants collected from
18
her for years and the BOA collection of $50,000.00 for "loan modification",
19
not to mention the over $,1,000,000.00 cash in down payments.
20
213. Plaintiff-Debtor's damage total is estimated to be over fifty million US
21
dollars. An exact amount is yet unknown presently but Plaintiff will amend
22
this complaint when the full amount of her damages is known.
23
24
XIV. ELEVENTH CAUSE OF ACTION
25
SLANDER OF TITLE AND QUIET TITLE AGAINST ALL DEFENDANTS
ADVERSARIAL COMPLAINT
3
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Filed: 12/15/2016
Doc # 1
1
Plaintiffs repeats and realleges the allegations contained in the
2
preceding paragraphs of this Complaint as though said paragraphs were
3
fully set forth herein.
4
Defendants and each of them, acted in concert to disparaged
5
Plaintiff's exclusive valid title by and through the preparing, posting,
6
publishing, and recording of forged and fraudulent real estates documents
7
previously described herein, including, but not limited to, the Notice of
8
Default, Notice of Trustee's Sale, and Trustee's Deed.
9
Plaintiff SALMA AGHA-KHAN, MD., entered into consumer credit
10
transactions with GMAC and BOA and BAC Home Loan Servicing, Citi et. al.
11
and thought she was obtaining mortgage loans or modifications, secured
12
by the DEED'S OF TRUST of Plaintiff's real property (all legal descriptions
13
are contained herein above and below and are incorporated by reference
14
herein.
15
All Defendants named herein fraudulently claim an interest in estate
16
and in the properties adverse to plaintiff's interests in that Defendants
17
assert that they are the owners of the note secured by the deed of trusts to
18
Plaintiff's real properties.
19
Plaintiff alleges that Defendants' claims are without merits
20
whatsoever, and that Defendants have no right, estate, title, lien or interest
21
in or to the properties, or any part of any of the properties.
22
The claim of all Defendants herein named, and each of them, claim
23
some estate, right, title, lien or interest in or to the properties adverse to
24
plaintiff's title, and these claims constitute a cloud on plaintiff's title to the
25
properties.
ADVERSARIAL COMPLAINT
4(
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1
220. Plaintiff alleges, upon information and belief, that none of the parties
2
to neither the securitization transaction, nor any of the Defendants in this
3
case, hold a perfected and secured claim in Plaintiff's real Properties and
4
that all Defendants are estopped and precluded from asserting an
5
unsecured claim against Plaintiff's real properties.
6
221. Plaintiff request the decree permanently enjoining Defendants, and
7
each of them, and all persons claiming under them, from asserting any
8
adverse claim to plaintiffs' title to the properties which was secured by the
9
Deed of Trust and legally described above in this complaint.
10
222. Plaintiffs respectfully request the court to award plaintiffs costs of this
11
action, and such other relief as the court may deem proper.
12
223. As a result of these fraudulent transfers, Plaintiff has been gravely
13
damaged so much so that she had to file Bankruptcy, and has been losing
14
$5,000.00 per month in rent money for each property amounting to another
15
$480,000.00 for each property and it is accruing daily from this property
16
not to mention over $240,000.00 mortgages the Defendants collected from
17
her for years and the BOA collection of $50,000.00 for "loan modification",
18
not to mention the over $,1,000,000.00 cash in down payments.
19
224. Plaintiff-Debtor's damage total is estimated to be over fifty million US
20
dollars. An exact amount is yet unknown presently but Plaintiff will amend
21
this complaint when the full amount of her damages is known.
22
23
XV. TWELVTH CAUSE OF ACTION VIOLATION OF NEVADA REVISED
24
STATUTES AGAINST ALL NEVADA FORECLOSING DEFENDANTS
25
AND THEIR ATTORNEYS OF RECORD
ADVERSARIAL COMPLAINT
42
Case Number: 2016-01107
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Doc # 1
1
225.
2
preceding paragraphs of this Complaint as though said paragraphs were
3
fully set forth herein.
4
226. Plaintiff seeks to enforce the provisions of NRS 645 as follows:
5
NRS 645F.420
6
Plaintiffs repeats and realleges the allegations contained in the
Homeowner may bring action to recover damages.
A homeowner who is injured as a result of a person's violation of a
7
provision of NRS 645F.400 may bring an action against the person to
8
recover damages caused by the violation, together with reasonable
9
attorney's fees, legal and other costs.
10
If the homeowner prevails in the action, the court may award such
11
punitive damages as may be determined by a jury, or by a court sitting
12
without a jury, but in no case may the punitive damages be less than
13
one and one-half times the amount awarded to the homeowner as actual
14
damages. Plaintiff seeks punitive damages and reconveyance, as to
15
BOA, Bank of America Home Loan Servicing and GMAC.
16
227. Plaintiff alleges that Defendants engaged in fraud and deceit.
17
NRS 645F.430
18
deceit against homeowner. A foreclosure purchaser who engages in any
19
conduct that operates as a fraud or deceit upon a homeowner in
20
connection with a transaction that is subject to the provisions of NRS
21
645F.300 to 645F.450, inclusive, including, without limitation, a
22
foreclosure reconveyance, is guilty of a gross misdemeanor and shall be
23
punished by imprisonment in the county jail for not more than 364 days,
24
or by a fine of not more than $50,000, or by both fine and
25
imprisonment.
Foreclosure purchasers: Criminal penalty for fraud or
(Added to NRS by 2007, 2857; A 2009, 1461; 2011, 1578; 2013, 992)
ADVERSARIAL COMPLAINT
4
Case Number: 2016-01107
1
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228. Plaintiff seeks rescission.
2
NRS 645F 440
3
fraud or deceit upon homeowner.
4
Foreclosure purchasers: Transaction rescinded due to
In addition to the penalty provided in NRS 645F.430 and except as
5
otherwise provided in subsection 5, if a foreclosure purchaser engages in
6
any conduct that operates as a fraud or deceit upon a homeowner in
7
connection with a transaction that is subject to the provisions of NRS
8
645F.300 to 645F.450, inclusive, including, without limitation, a
9
foreclosure reconveyance, the transaction in which the foreclosure
10
purchaser acquired title to the residence in foreclosure may be rescinded
11
by the homeowner within 2 years after the date of the recording of the
12
conveyance.
13
Plaintiff seeks reconveyance.
14
Bankrutpcy Court Documents and was not provided any type of
15
Mediation communication nor afforded any documents that were filed
16
with the SEC, or other US Bankrutpcy Courts.
17
Plaintiff had no notice of the fraud until very recently.
Plaintiff reasonably relied upon the US
To rescind a transaction pursuant to subsection 1, the homeowner
18
must give written notice to the foreclosure purchaser and a successor in
19
interest to the foreclosure purchaser, if the successor in interest is not a
20
bona fide purchaser, and record that notice with the recorder of the
21
county in which the property is located. The notice of rescission must
22
contain:
23
24
25
The name of the homeowner, the foreclosure purchaser and any
successor in interest who holds title to the property; and
A description of the property.
ADVERSARIAL COMPLAINT
4:
Case Number: 2016-01107
Filed: 12/15/2016
Doc # 1
1
There are FOUR properties in Nevada:
2
A. 2448 Granada Bluff Court, Las Vegas, Nevada 89135 ("Granada").
3
The legal description of this property is:
4
Lot 269, SUMMERLIN VILLAGE 19 - PARCEL "G" PHASE 2 , in the
City of Las Vegas, County of Clark, State of Nevada, as shown by Map
5
thereof on file in Book 120 of Plats Page 73, in the Office of the County
6
7
8
9
Recorder of Clark County, Nevada. APN 164-02-813-040
B.
1967 Cherry Creek Circle, Las Vegas, Nevada, 89135 ("Cherry
Creek"). The legal description of the property is:
Parcel I: Lot 9 in Block 6 of Red Rock Country Club at Summerlin Unit
24, as shown by map thereof on file in Book 107 of Plats, Page 71, in the
10
office of the County Recorder of Clark County, Nevada. APN:164-02-218-001
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C. 11545 Cantina Terlano Place, Las Vegas Nevada, 89141.
("Cantina11545"). The legal description of the property is as follows: Lot 10
of Amended Plat of San Sevino West at Southern Highlands. As shown by
Map thereof on file in Book 115 of Plats, Page 81, in the office of the County
Recorder of Clark County, Nevada. APN: 191-05-217-007
D. 11539 Cantina Terlano Place, Las Vegas Nevada, 89141.
("Cantina 11539"). The legal description of the property is as follows: Lot 9
of Amended Plat of San Sevino West at Southern Highlands. As shown by
Map thereof on file in Book 115 of Plats, Page 81, in the office of the County
Recorder of Clark County, Nevada. APN: 19 1-05-217-006
3. Within 20 days after receiving notice pursuant to subsection 2:
(a) The foreclosure purchaser and the successor in interest, if the
successor in interest is not a bona fide purchaser, shall reconvey to
the homeowner title to the property free and clear of encumbrances
which were created subsequent to the rescinded transaction and
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which are due to the actions of the foreclosure purchaser; and
2
(b) The homeowner shall return to the foreclosure purchaser any
3
consideration received from the foreclosure purchaser in exchange for
4
the property.
5
4. If the foreclosure purchaser has not reconveyed to the homeowne
6
title to the property within the period described in subsection 3, th
7
homeowner may bring an action to enforce the rescission in the distric
8
court of the county in which the property is located.
9
5. A transaction may not be rescinded pursuant to this section if th
10
foreclosure purchaser has transferred the property to a bona fid
11
purchaser.
12
Plaintiff alleges that no Defendant is not a bona fide purchaser, and th
13
Defendant GMAC and others, schemed to defraud and did defraud the U
14
Bankrutpcy Court, and
15
steal her properties based upon fraudulent, forged documents, a
16
documents which are misrepresenting and lacking any interest to transfer.
Plaintiff in combination with other defendants, t
17
6. As used in this section, "bona fide purchaser" means any person wh
18
purchases an interest in a residence in foreclosure from a foreclosu
19
purchaser in good faith and for valuable consideration and who does no
20
know or have reasonable cause to believe that the foreclosure purchasei
21
engaged in conduct which violates subsection. Plaintiff alleges Defendant
22
Defendants and each of them, especially GMAC. is a sophisticated thief o
23
property, and combined with other defendants to record false and fo
24
documents to steal Plaintiff's property.
25
229. As a result of these fraudulent transfers, Plaintiff has been gravely
damaged so much so that she had to file Bankruptcy, and has been losing
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$5,000.00 per month in rent money for each property amounting to another
2
$480,000.00 for each property and it is accruing daily from this property
3
not to mention over $240,000.00 mortgages the Defendants collected from
4
her for years and the BOA collection of $50,000.00 for "loan modification",
5
not to mention the over $,1,000,000.00 cash in down payments.
6
230. Plaintiff-Debtor's damage total is estimated to be over fifty million US
7
dollars. An exact amount is yet unknown presently but Plaintiff will amend
8
this complaint when the full amount of her damages is known.
9
10
XVI. THIRTEENTH CAUSE OF ACTION
11
VIOLATION OF CALIFORNIA STATUTES
12
AGAINST ALL CALIFORNIA FORECLOSING DEFENDANTS
13
231. Plaintiffs repeats and realleges the allegations contained in the
14
preceding paragraphs of this Complaint as though said paragraphs were
15
fully set forth herein.
16
232. Plaintiff alleges that Citimortgage and their attorneys of record
17
engaged in various conduct amounting to a crime in the recording of false
18
and forged deeds and notices , violation of California Penal Code 115;
19
resulting in a grand theft of Plaintiff's Harrington real, personal,
20
professional, and business property, violation of California Penal Code
21
487; that Defendants violated other California and US Banking and Lending
22
statutes; that Defendants had no right title and interest in Plaintiff's
23
Harrington Property, and had no right to take Plaintiff's money in doing so,
24
in violation of California Civil Code 2945 et seq.
25
233. Plaintiff has been harmed and the conduct of Defendants is a
substantial factor in the harm.
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234. As a result of these fraudulent transfers, Plaintiff has been gravely
2
damaged so much so that she had to file Bankruptcy, and has been losing
3
$5,000.00 per month in rent money for each property amounting to another
4
1 $480,000.00 for each property and it is accruing daily from this property
1 not to mention over $240,000.00 mortgages the Defendants collected from
5
6
her for years and the BOA collection of $50,000.00 for "loan modification",
7
not to mention the over $,1,000,000.00 cash in down payments.
8
235. Plaintiff-Debtor's damage total is estimated to be over fifty million US
9
dollars. An exact amount is yet unknown presently but Plaintiff will amend
10
this complaint when the full amount of her damages is known.
11
12
XVII. FOURTEENTH CAUSE OF ACTION
13
VIOLATION OF CALIFORNIA AND NEVADA
14
BUSINESS AND PROFESSIONS STATUTES
15
AGAINST ATTORNEY DEFENDANTS
16
236. Plaintiffs repeats and realleges the allegations contained in the
17
preceding paragraphs of this Complaint as though said paragraphs were
18
fully set forth herein.
19
237. In doing the acts complained of herein the attorney Defendants in
20
California violated the following:
21
California Rule of Professional Conduct 5-200, Trial Conduct, state
22
that in presenting a matter to a tribunal, a member:
23
(A) Shall employ, for the purpose of maintaining the causes confided to
24
the member, such means only as are consistent with truth;
25
(B) Shall not seek to mislead the judge, judicial officer or jury by an
artifice or false statement of fact or law;
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Shall not intentionally misquote to a tribunal the language of a book,
statute or decision;
3
Shall not, knowing its invalidity, cite as authority a decision that has
4
been overruled or a statute that has been repealed or declared
5
unconstitutional; and
6
7
Shall not assert personal knowledge of the facts at issue, except
when testifying as a witness.
8
California Business and Professions Code 6068 (d) states that it is the
9
duty of an attorney to "employ, for the purpose of maintaining the causes
10
confided to him or her, those means only as are consistent with truth, and
11
never to seek to mislead the judge or any judicial officer by an artifice or
12
false statement of fact or law." And lest anyone take a violation of an
13
attorney's duties lightly, the California Business and Professions Code
14
contains a section that spells out the potential punishment. California
15
Business and Professions Code Section 6103 states that "a willful
16
disobedience or violation of an order of the court requiring him to do or
17
forbear an act connected with or in the course of his profession, which he
18
ought in good faith to do or forbear, and any violation of the oath taken by
19
him, or of his duties as such attorney, constitute causes for disbarment or
20
suspension."
21
Plaintiff alleges that these acts and conduct heretofore plead are
22
dishonest, and are immoral, and are corrupt, some constitute felonies. The
23
Court has a duty to report these offenses.
24
25
California Business and Professions Code Section 6106
discusses actions unfit for an attorney, that may result in discipline. The
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section states that "the commission of any act involving moral turpitude,
2
dishonesty or corruption, whether the act is committed in the course of his
3
relations as an attorney or otherwise, and whether the act is a felony or
4
misdemeanor or not, constitutes a cause for disbarment or suspension. If
5
the act constitutes a felony or misdemeanor, conviction thereof in a criminal
6
proceeding is not a condition precedent to disbarment or suspension from
7
practice therefor."
8
240. California Business and Professions Code Section 6067 requires
9
a lawyer "faithfully to discharge the duties of any attorney at law to the best
10
of his knowledge and ability."
11
241. As a result of these fraudulent transfers, Plaintiff has been gravely
12
damaged so much so that she had to file Bankruptcy, and has been losing
13
$5,000.00 per month in rent money for each property amounting to another
14
$480,000.00 for each property and it is accruing daily from this property
15
not to mention over $240,000.00 mortgages the Defendants collected from
16
her for years and the BOA collection of $50,000.00 for "loan modification",
17
not to mention the over $,1,000,000.00 cash in down payments.
18
242. Plaintiff-Debtor's damage total is estimated to be over fifty million US
19
dollars. An exact amount is yet unknown presently but Plaintiff will amend
20
this complaint when the full amount of her damages is known.
21
22
XVIII. FIFTEENTH CAUSE OF ACTION
23
VIOLATION OF TILA, FERA, FCRA, RESPA, 18 USC 1002, 1028;
24
15USC 1601 ET SEQ. AGAINST ALL DEFENDANTS
25
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243. Plaintiffs repeats and realleges the allegations contained in the
2
preceding paragraphs of this Complaint as though said paragraphs were
3
fully set forth herein.
4
244. Plaintiff alleges that the lending and collecting entities violated various
5
provisions of federal lending, credit reporting, mortgage fraud, false oath
6
for real estate gain, statutes.
7
245.
8
remedies they provide.
9
246. As a result of these fraudulent transfers, Plaintiff has been gravely
10
damaged so much so that she had to file Bankruptcy, and has been losing
11
$5,000.00 per month in rent money for each property amounting to another
12
$480,000.00 for each property and it is accruing daily from this property
13
not to mention over $240,000.00 mortgages the Defendants collected from
14
her for years and the BOA collection of $50,000.00 for "loan modification",
15
not to mention the over $,1,000,000.00 cash in down payments.
16
247. Plaintiff-Debtor's damage total is estimated to be over fifty million US
17
dollars. An exact amount is yet unknown presently but Plaintiff will amend
18
this complaint when the full amount of her damages is known.
Plaintiff has been damaged by these violations and seeks the
19
20
XIX. PUNITIVE DAMAGES ALLEGATION
21
AGAINST ALL DEFENDANTS
22
248. Plaintiffs repeats and realleges the allegations contained in the
23
preceding paragraphs of this Complaint as though said paragraphs were
24
fully set forth herein.
25
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249. CALIFORNIA Civil Code Section 3294.
2
punitive damages are sought against all defendants for their conduct as
3
heretofore plead as follows:
Plaintiff alleges that
4
"(1)"Malice" means conduct which is intended by the defendant to
5
cause injury to the plaintiff or despicable conduct which is carried on by
6
the defendant with a willful and conscious disregard of the rights or
7
safety of others.
8
(2) "Oppression" means despicable conduct that subjects a person to
9
cruel and unjust hardship in conscious disregard of that person's rights.
10
(3) "Fraud" means an intentional misrepresentation, deceit, or
11
concealment of a material fact known to the defendant with the intention
12
on the part of the defendant of thereby depriving a person of property or
13
legal rights or otherwise causing injury."
14
250. As a result of these fraudulent transfers, Plaintiff has been gravely
15
damaged so much so that she had to file Bankruptcy, and has been losing
16
$5,000.00 per month in rent money for each property amounting to another
17
$480,000.00 for each property and it is accruing daily from this property
18
not to mention over $240,000.00 mortgages the Defendants collected from
19
her for years and the BOA collection of $50,000.00 for "loan modification",
20
not to mention the over $,1,000,000.00 cash in down payments.
21
251. Plaintiff-Debtor's damage total is estimated to be over fifty million US
22
dollars. An exact amount is yet unknown presently but Plaintiff will amend
23
this complaint when the full amount of her damages is known.
24
252. Plaintiff will therefore seek punitive and exemplary damages against al
25
Defendants.
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XX. PRAYER FOR DAMAGES
2
253. WHEREFORE, PLAINTIFF SALMA AGHA-KHAN, MD., demands judgment
3
as follows:
4
AS TO ALL DEFENDANTS:
A. Compensatory damages by virtue of Defendants' willful violation of
5
statutes in the amount of $50,000,000.00;
6
B. All statutory damages as allowed pursuant to law;
7
C. Declaratory relief specifically, that all orders and actions arising from
8
the illegal, fraudulent and malicious conduct of defendants be declared
9
null and void; and that Plaintiff be returned to her status before the acts
10
occurred; that her LLC Vodka From Around the World be declared hers;
that her homes be returned to her with all its contents prior to time
11
Defendants broke into her home, vandalizing, trespassing etc; that all her
12
professional, business; intellectual; personal; family possessions be
13
returned to her; that all the medical records and information be returned
14
to her; that in the event items cannot be returned that Plaintiff receive
15
reimbursement; that fines be imposed upon Defendants per statute;
16
D. For punitive and exemplary damages in the sum of $22,000,000.00.
17
E. Attorney fees, paralegal costs and other costs incurred by her;
F. Such other and further relief as the court deems just and proper.
18
19
G. Prejudgment Interest;
H.
Interest at the highest legal rate;
20
21
I Plaintiff demands a jury trial.
22
23
24
DATED: DECEMBER jLi, 2016
SALMA AGHA-KHAN, MD.
25
ADVERSARIAL COMPLAINT
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