Agha-Khan v. Bank of America et al

Filing 1

ORDER/RECOMMENDATION BY CHIEF BANKRUPTCY JUDGE THAT REFERENCE BE WITHDRAWN PURSUANT TO 28:157(d), (Attachments: # 1 Docket Sheet)(Marrujo, C)

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USDC No. 1:17-cv-0011-LJO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 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 i. UNITED STATES BANKRUPTCY COURT 5 EASTERN DISTRICT OF CALIFORNIA, BAKERSFIELD DIVISION 6 7 Case No: 10-16183 In Re: SALMA H. AGHA, 8 Debtor, AdvNo: i.O l r) 9 COMPLAINT FOR 10 SALMA AGHA-KHAN, MD., 11 12 Plaintiff, vs. 13 14 15 16 17 18 19 20 11 21 22 23 24 25 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Filed: 12/15/2016 Doc # 1 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 1 Filed: 12/15/2016 Doc # 1 I. JURISDICTION 2 1. 3 exclusive jurisdiction of all cases under title 11" (28 U.S.C. §1334(a)), and 4 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 5 under title 11" (28 U.S.C. §1334(b)). In re combustion Engineering, Inc., 6 391 F.3d 190, 225 (3d Or. 2004). Further, 28 U.S.C. §157(a) permits 7 District courts to refer most matters to the Bankruptcy Courts. 8 2. Thus, Bankruptcy Court jurisdiction extends potentially to: (i) cases under title 11; (ii) proceedings arising under title 11; (iii) proceedings 9 arising in a case under title 11; and (iv) proceedings related to a case under 10 title 11.15 Combustion Engineering, 391 F.3d at 225. 11 3. 12 stated herein as follows: 13 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 14 contain a reference to the name, number, and chapter of the case under the 15 Code to which the adversary proceeding relates and to the district and 16 division where the case under the Code is pending. In an adversary 17 proceeding before a bankruptcy judge, the complaint, counterclaim, cross- 18 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 19 does not consent to entry of final orders or judgment by the bankruptcy 20 judge. 21 (b) Attorney's Fees. A request for an award of attorney's fees shall be 22 pleaded as a claim in a complaint, cross-claim, third-party complaint, 23 answer, or reply as may be appropriate; 4. 24 25 Plaintiff Debtor alleges Jurisdiction is met by 28 USC 1334. 5. 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 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 6. 2 residing in the State of California, and is a citizen of the United States of 3 America, and therefore is entitled to bring this action. 7. 4 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, 5 pursuant to U.S. Bankruptcy Rule 7003. 6 8. Plaintiff is the Debtor in this bankruptcy proceeding. 7 9. Plaintiff filed a voluntary Chapter 7 bankruptcy on May 30th,2010. 8 This case was discharged on September 23rd, 2010, and Plaintiff has an action pending to determine that was illegally reopened on September 18th, 9 2012, lacking jurisdiction. Notice was sent to all creditors that a dividend 10 may be possible, after the case was reopened. The case is presently still 11 pending in the Ninth Circuit. 12 10. 11 USC 157 provides that bankruptcy judges may hear and determine 13 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. 14 11. This is a core proceeding, under 11 USC 157(b)(2)(o), which lists core 15 proceedings as including "other proceedings affecting the liquidation of the 16 assets of the estate and/or the adjustment of the debtor-creditor or the 17 equity security holder relationship". 18 II. PARTIES 19 20 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 21 during all times material hereto, has been an individual residing in both Los 22 Angeles County, State of California, and in Kern County, State of California. 23 13. Defendant, Bank of America, N.A., ("BOA") is and was at all times 24 mentioned a US Banking entity, having offices in California, deliberately, 25 knowingly and fraudulently claimed to be Creditor in this Court in Plaintiff's bankruptcy. ADVERSARIAL COMPLAINT Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 14. Defendant Citibank, NA., ("Citi") is a banking concern that owns 2 Defendants Citimortgage, CR Title Services, Inc deliberately and knowingly 3 appeared before this Court and submitted fraudulent request for Relief, so 4 as to obtain Relief, in Plaintiff's bankruptcy, submitting forged Title 5 documents. 15. Defendant Citicorp ("Citicorp") owns Defendant Citibank, NA., a US 6 banking concern, deliberately and knowingly appeared before this Court and 7 submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's 8 bankruptcy, submitting forged Title documents. 9 16. Defendant Citigroup, Inc., ("Citigroup) is owner of Defendant 10 Citicorp., a publicly traded company deliberately and knowingly appeared 11 before this Court and submitted fraudulent request for Relief, so as to 12 obtain Relief, in Plaintiff's bankruptcy, submitting forged Title documents. 13 14 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 15 submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's 16 bankruptcy, submitting forged Title documents. 17 18. Defendant CR Title Services, Inc., ("CRT") is a subsidiary of Defendant 18 Citibank, NA, a US banking and lending entity that deliberately and 19 knowingly appeared before this Court and submitted fraudulent request for 20 Relief, so as to obtain Relief, in Plaintiff's bankruptcy, submitting forged 21 22 Title documents. 19. Defendant Pite Duncan, LLP., ("Pite") are at all times mentioned herein, on information and belief, a law firm comprising of attorneys duly 23 licensed in the state of California, who represented CR Title Services, 24 25 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. ADVERSARIAL COMPLAINT Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 20. Defendant Eddie R. Jimenez ("Jimenez") is an attorney from Defendant 2 Pite Duncan, LLP., who at all times mentioned herein, on information and 3 belief, is duly licensed in the state of California, who represented CR Title 4 Services, deliberately and knowingly appeared before this Court and 5 submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy, submitting forged Title documents. 6 21. Defendant Brian A. Paino ("Paino") is an attorney from Defendant Pite 7 Duncan, LLP., who at all times mentioned herein, on information and belief, 8 is duly licensed in the state of California, who represented CR Title Services, 9 deliberately and knowingly appeared before this Court and submitted 10 fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy, 11 submitting forged Title documents. 12 22. Defendants Wolf & Wyman, LLP., ("Wolf") at all times mentioned is a 13 14 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 15 for Relief, so as to obtain Relief, in Plaintiff's bankruptcy, submitting forged 16 Title documents. 17 23. Defendant Megan S. Tom ("Tom") is an attorney from Wolf & Wyman, 18 LLP., who at all times mentioned herein, on information and belief, is duly 19 licensed in the state of California, who represented Defendant Citimortgage, 20 Inc., deliberately and knowingly appeared before this Court and submitted 21 22 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, 23 LLP., who at all times mentioned herein, on information and belief, is duly 24 25 licensed in the state of California, who represented Defendant Citimortgage, Inc., deliberately and knowingly appeared before this Court and submitted ADVERSARIAL COMPLAINT Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy, 2 submitting forged Title documents. 3 25. Defendant Andrew A. Bao ("Bao"), is an attorney from Wolf & Wyman, 4 LLP., who at all times mentioned herein, on information and belief, is duly 5 licensed in the state of California, who represented Defendant Citimortgage, Inc., deliberately and knowingly appeared before this Court and submitted 6 fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy, 7 submitting forged Title documents. 8 26. Defendant Travis Nurse, ("Nurse") is an employee of defendant 9 Citimortgage Inc., as Business Operations Analyst gave Declaration 10 deliberately and knowingly appeared before this Court and submitted 11 fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy, 12 submitting forged Title documents. 13 14 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 :15 throughout the United States, deliberately and knowingly appeared before 16 this Court and submitted fraudulent request for Relief, so as to obtain 17 Relief, in Plaintiff's bankruptcy. 18 28. Defendant Routh Crabtree Olsen, P.S., ("RCO"), at all times 19 mentioned is a law firm, and on information and belief, comprises of 20 attorneys duly licensed in the state of California, who represented GMAC 21 22 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 23 Crabtree Olsen, P.S., who at all times mentioned herein, on information 24 25 and belief, is duly licensed in the state of California, who represented Defendant GMAC. deliberately and knowingly appeared before this Court ADVERSARIAL COMPLAINT Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 and submitted fraudulent request for Relief, so as to obtain Relief, in 2 Plaintiff's bankruptcy. 3 Defendant Brett P. Ryan ("Ryan"), is an attorney from Routh Crabtree 4 Olsen, P.S., who at all times mentioned herein, on information and belief, 5 is duly licensed in the state of California, who represented Defendant GMAC. deliberately and knowingly appeared before this Court and submitted 6 fraudulent request for Relief, so as to obtain Relief, in Plaintiff's bankruptcy. 7 Defendant 3onathan J. Damen ("Damen"), is an attorney from Routh 8 Crabtree Olsen, P.S., who at all times mentioned herein, on information 9 and belief, is duly licensed in the state of California, who represented 10 Defendant GMAC deliberately and knowingly appeared before this Court and 11 submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's 12 bankruptcy. 13 14 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. 15 Defendant Aurora Loan Services LLC., ("Aurora"), is a surrendered 16 Delaware Corporation, unable to conduct business in California at all times 17 mentioned herein, deliberately and knowingly appeared before this Court 18 and submitted fraudulent request for Relief, so as to obtain Relief, in 19 Plaintiff's bankruptcy. 20 21 22 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 23 submitted fraudulent request for Relief, so as to obtain Relief, in Plaintiff's 24 25 bankruptcy. Defendant JaVonne M. Phillips ("Phillips"), is an attorney from ADVERSARIAL COMPLAINT Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 McCarthy & Holthus, LLP., who at all times mentioned herein, on 2 information and belief, is duly licensed in the state of California, who 3 represented Defendant Aurora Loan Services LLC deliberately and knowingly 4 appeared before this Court and submitted fraudulent request for Relief to 5 obtain Relief, in Plaintiff's bankruptcy. Defendant Mishaela 3. Graves ("Graves"), is an attorney from McCarthy 6 & Holthus, LLP., who at all times mentioned herein, on information and 7 belief, is duly licensed in the state of California, who represented Defendant 8 9 10 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 11 12 13 Defendant Bank of America that collected fraudulent mortgage from Plaintiff and enrolled her into fraudulent loan modification for a loan that did not exist. 14 Defendant, Bruce Breitman ("Breitman"), is an individual, believed to 15 be residing in the San Francisco area, State of California believed to be a 16 licensed California Attorney and is also named in that capacity, as well as he 17 is believed to be a licensed California Real Estate Agent and or Broker and 18 in also named in that capacity and owner of BBG Ltd and is also named in 19 that capacity who fraudulently claimed to be a Creditor in Plaintiff's 20 Bankruptcy after defrauding her. 21 22 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 23 transaction. 24 Defendant David N. Chandler Sr., ("ChandlerSr") is an individual and 25 believed to be a licensed California attorney; also known as David N. ADVERSARIAL COMPLAINT Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 1 Chandler, an individual and an attorney; also known as David Chandler, Chandler, an individual and an attorney; also known as David Chandler, 2 David N. Chandler represented Defendant Breitman and a longtime friend of Breitman a longtime friend of David N. Chandler represented 3 Defendant Judge Clement responsible for fraudulently enrolling his Clients Clement responsible for fraudulently enrolling his Clients Defendant 4 4 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 5 believed to be a licensed California attorney; also known as David N. believed to be a licensed California attorney; also known as David N. 6 Chandler, an individual and an attorney; also known as David Chandler, Chandler, an individual and an attorney; also known as David Chandler, 7 Breitman a longtime friend of David N. Chandler represented Defendant Breitman and a longtime friend of David N. Chandler represented 8 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 9 42. Defendant David N.N. Chandler, PC., ("ChandlerPC")aka. Law Office of Defendant David Chandler, PC., ("ChandlerPC") aka. Law Office of 10 David Chandler, is a law firm, believed to be aa California Professional Legal David Chandler, is law firm, believed to be California Professional Legal 11 Corporation owned by Defendant David Chandler responsible for Corporation owned by Defendant David Chandler responsible for 12 fraudulently enrolling his Client s Defendants Breitman and BBG Ltd as Defendants Breitman and BBG Ltd as fraudulently enrolling his Client 13 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 14 Judge on the case who deliberately, knowingly and intentionally allowed Judge on the case who deliberately, knowingly and intentionally allowed 15 15 fraud, forged documents and filings to be presented to this Court in fraud, forged documents and filings to be presented to this Court in 16 Plaintiff's bankruptcy. Plaintiff's bankruptcy. 17 17 44. Defendant Judge W. Richard Lee ("Lee"), US Bankruptcy Judge on the Defendant Judge W. Richard Lee ("Lee"), US Bankruptcy Judge on the 18 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 19 refusing to Default defendants in a related case to fraudulently dismiss that refusing to Default defendants in related case to fraudulently dismiss that 20 complaint, fraudulently not allowing notice of appeal to be filed shunting it allowing notice of appeal be filed shunting it complaint, fraudulently 21 into a wrong district, under wrong case number,, with wrong case title. wrong number" with wrong case title. into wrong district, 22 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 23 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. 24 25 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 ADVERSARIAL COMPLAINT 10 ic Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 defendants by said fictitious names. Plaintiff will amend this complaint to 2 state said defendants' true names and capacities when the same have been 3 ascertained. 4 47. Upon information and belief, at all times mentioned herein the Doe defendants, and each of them, were the alter egos, agents, servants, 5 partners, transferees of any type, successors-in-interests, and/or 6 employees of the named defendants and of one another. Said defendants 7 aided and abetted or participated with the named defendants and with each 8 other in the wrongful acts and course of conduct complained of herein, or otherwise caused the damages sought herein and are responsible for the 9 acts, occurrences, and events alleged in this complaint. In doing the things 10 herein alleged, they were acting within the scope of their authority and with 11 the permission and consent of the named defendants and of each other, 12 and said acts, and each of them, have been ratified and consented to by 13 each of the defendants. 14 III. GENERAL ALLEGATIONS 15 48. Plaintiff filed a voluntary Chapter 7 bankruptcy on May 30, 2010. This 16 case was discharged on September 23, 2010. 17 pending on these incidents 18 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 19 Trustee and many others. 20 50. This adversary complaint is filed by Plaintiff in the underlying 21 Bankruptcy, including but not limited to real properties owned by Plaintiff, 22 against creditors known who had no interest in her Properties but 23 fraudulently claimed an interest. 51. In 2015, Plaintiff retained experts to review, title documents relative 24 25 to her foreclosures, and reliefs granted/administered through this Court, because Plaintiff has realized and alleged other frauds in her bankruptcy. ADVERSARIAL COMPLAINT 11 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 These experts have uncovered that Defendants and each of them, as well 2 as their attorneys and agents have not been truthful with this Court, and 3 have filed or caused to be filed false claims and even forged documents, containing many untruths, and have engaged in a scheme to deprive 4 Plaintiff of her property rights under US and state laws. 5 52. This action includes the wrongful foreclosure actions resulting from 6 reliefs obtained in this court through filing of false information and even 7 forged documents of Plaintiff's real property titles. 8 53. Plaintiff's properties include: A. 2448 Granada Bluff Court, Las Vegas, Nevada 89135 ("Granada"). 9 The legal description of this property is: 10 Lot 269, SUMMERLIN VILLAGE 19 - PARCEL "G" PHASE 2 , in the 11 City of Las Vegas, County of Clark, State of Nevada, as shown by Map 12 thereof on file in Book 120 of Plats Page 73, in the Office of the County 13 Recorder of Clark County, Nevada. APN 164-02-813-040 B. 1967 Cherry Creek Circle, Las Vegas, Nevada, 89135 ("Cherry 14 Creek"). The legal description of the property is: 15 Parcel I: Lot 9 in Block 6 of Red Rock Country Club at Summerlin Unit 16 24, as shown by map thereof on file in Book 107 of Plats, Page 71, in the 17 office of the County Recorder of Clark County, Nevada. APN:164-02-218-001 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: 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 ADVERSARIAL COMPLAINT 12 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 Map thereof on file in Book 115 of Plats, Page 81, in the office of the County 2 Recorder of Clark County, Nevada. APN: 191-05-217-006 3 E. 11622 Harrington Street, Bakersfield, California 93311. 4 ("Harrington"). The legal description of the property is as follows: Lot 3 of 5 Tract No. 5946, Phase C, in the City of Bakersfield, County of Kern, State of 6 California, as per map recorded March 31, 2000 in Book 45, Page 189 of 7 Maps, in the Office of the County Recorder of Said County. APN: 523-12 1- 8 03-00-3 9 54. The complete extent of the schemes and frauds may still be not 10 known to Plaintiff, and this is an ongoing investigation, which includes other 11 arms of the US Government. 12 55. To effectuate their scheme these Defendants and each of them filed 13 and pursued non-judicial foreclosure documents recorded by Defendants 14 which are fraudulent, containing untrue and fabricated statements, willful 15 omissions of critical information, including forged title documents, and 16 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 ADVERSARIAL COMPLAINT 1: Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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. ADVERSARIAL COMPLAINT 14 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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 ADVERSARIAL COMPLAINT Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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 lE Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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. ADVERSARIAL COMPLAINT 17 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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 ADVERSARIAL COMPLAINT Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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 1 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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 ADVERSARIAL COMPLAINT 2( Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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 21 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 2 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 124. 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 2 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 2E Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 Case Number: 2016-01107 1 2 Filed: 12/15/2016 Doc # 1 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 2 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 147. 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 2 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 2 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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 3C Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 31 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 175. 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 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 3 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 3 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 0 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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. Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 Case Number: 2016-01107 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( Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 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 Filed: 12/15/2016 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 Filed: 12/15/2016 Doc # 1 228. 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 ADVERSARIAL COMPLAINT 44 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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 ADVERSARIAL COMPLAINT 4 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 $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. ADVERSARIAL COMPLAINT 4 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 234. 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; ADVERSARIAL COMPLAINT 4 Case Number: 2016-01107 1 2 Filed: 12/15/2016 Doc # 1 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 ADVERSARIAL COMPLAINT 4E Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 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 ADVERSARIAL COMPLAINT 4 Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 243. 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 ADVERSARIAL COMPLAINT 5C Case Number: 2016-01107 Filed: 12/15/2016 Doc # 1 1 249. 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. ADVERSARIAL COMPLAINT 51 Case Number: 2016-01107 1 Filed: 12/15/2016 Doc # 1 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 5

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