Righthaven LLC v. Mostofi

Filing 1

COMPLAINT against Dean Mostofi (Filing fee $ 350 receipt number 0978-2051543), filed by Righthaven LLC. Certificate of Interested Parties due by 7/23/2011. Proof of service due by 11/10/2011. (Attachments: # 1 Exhibit Exhibits 1-4, # 2 Civil Cover Sheet) (Mangano, Shawn)

EXHIBIT 1

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More foreclosure irregularities alleged jn Maryland
in Foreclosure, Foreclosure Defense, Law, Litigation, Mortgage, Mortgage Fraud
Prosecutors have launched an investigation into a complaint that more than 1,000 deeds for homes foreclosed
upon in Maryland were improperly executed
the latest development suggesting widespread problems in the
way foreclosures have been handled in the state.
The complaint, filed last week by a paralegal formerly employed by the Shapiro & Burson law firm, [ ...J
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Judge Blasts Fake Loan Audit

FRANCIS STOJINSKI, Plaintiff,
v.
JP MORGAN CHASE BANK et al. Defendants.
Civil Action No. L-IO-3I66.
United States District Court, D. Maryland.
February 7, 20 11.
MEMORANDUM
BENSON EVERETT LEGG, District Judge.
Francis Stojinski brings this action seeking money damages for alleged violations of the federal Truth In
Lending Act ("TILA"), 15 U .S.C. § 1601 et seq. Now pending are three motions. The first is [...J
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Rescission Without Tender Under TIL A Survives Summary .Judgment
In James v. Bridge Capital. the U.S. District Court for the District of Oregon declined to rule and deferred
resolution of HSBC's Motion as to Plaintiffs' claim for rescission under TILA to the extent that HSBC sought
summary judgment on the ground that Plaintiffs had not shown they were able to meet their tender obligation.
U.S. [ ...J
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Audit Reveals Putative Lender Did Nat Exist And Hence The
Promissory Note Is Void Ab Initio.
I thought I had seen it all but this case must take top prize for the most abhorrent attempt at foreclosure
fraud perpetuated by a federal savings bank.
A client hired me to audit his loan documents in preparation for an upcoming motion hearing in
Miami-Dade County, Florida. Flagstar Bank is trying to [ ...J
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Ibanez Foreclosure Ruling Upheld
Today, the Massachusetts Supreme Judicial Court (SJC) ruled against foreclosing lenders and those who
purchased foreclosed properties in Massachusetts in the controversial U.s. Bank v. Ibanez case. The decision is
among the earliest to address the validity of foreclosures conducted without full documentation. That issue last
year prompted an uproar that led lenders such as [ ...J
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Congressional hearing: Do banks lack the legal standing to foreclose?

By Ariana Eunjung Cha
A state judge, law professor and consumer attorneys are testifying before Congress that in many cases the banks
trying to foreclose on borrowers do not have the legal standing to do so, according to prepared remarks.
New York State Supreme Court Justice Dana Winslow said Thursday in written remarks that "standing has

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become [ ...]
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Massachusetts County Picks Fight With MERS
About a week ago, John O'Brien, Register of Deeds in Essex County Massachusetts, sent a letter to
Massachusetts Attorney General Martha Coakley asking that she look into whether MERS (Mortgage Electronic
Registration Systems, Inc.) failed to pay legally required recording fees in Massachusetts when a
MERS-mortgage is assigned to another entity, like a trust or [ ...]
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Wikileaks Planning to Bring Down a Big Bank
November 30, 2010

Admire him or revile him, WikiLeaks' Julian Assange is the prophet of a coming age of involuntary
transparency, the leader of an organization devoted to diVUlging the world's secrets using technology unimagined
a generation ago. Over the last year his information insurgency has dumped 76,000 secret Afghan war
documents and another trove of 392,000 files [...]
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Rich Americans Ditch Honle Ownership For Renting

Patrick Lee went from homeowner to home renter this year.
It may sound like a downgrade, but the New Yorker didn't make the switch because he couldn't keep up with
payments or because he lost his job. Instead, Lee was nervous about the state of the housing market.
So in March he sold the Manhattan apartment he [ ... ]
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Loan Modification Company Sued by Oregan AG
November 25 2010

The lawsuit alleges that American Team Mortgage charged more than $80,000 in fees from nearly three dozen
Oregon homeowners in violation of Oregon law
Attorney General John Kroger today announced a lawsuit that accuses the California-based American Team
Mortgage, Inc., of repeatedly violating Oregon's Unfair Trade Practices Act and Mortgage Rescue Fraud
Protection Act.
"Homeowners facing foreclosure [ ... J
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Elizabeth Warren Instrunlental In Defeating H.R. 3808
2010

Elizabeth Warren was the first senior Obama administration official to recognize the potentially incendiary
impact of a bill that would have made it significantly easier for mortgage companies to foreclose on homes, and
her subsequent warnings played a crucial role in persuading the President to veto the measure, according to
freshly released documents and people [...J
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Class Action Challen&es Illegal Foreclosures in Chicago
November 24, 2010

CHICAGO (CN) - Wells Fargo, Bank of America and other mortgage lenders have been improperly serving
summonses in Cook County foreclosure cases since 2007, and a class action demands that everyone served
under a court-ordered procedural change be "deeded their properties back." The class claims that the presiding
judge of Cook County Chancery Court approved [ ...J
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Robbins Geller Rudman & Dowd LLP Files Class Action Suit against
Lender Processing Seryices, Inc.
November 24, 2010

BOCA RATON, Fla., Nov 23, 2010 (BUSINESS WIRE) - Robbins Geller Rudman & Dowd LLP("Robbins
Geller") (http://www.rgrdlaw.com/cases!lps/) today announced that a class action has been commenced on behalf
of an institutional investor in the United States District Court for the Middle District of Florida on behalf of
purchasers of the common stock of Lender [ ... J
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Primer: What Is a WrQngful FQreclQsure?
November 24, 2010

............

"

The issue at the center of the foreclosure scandal isn't the use of roOO-signers [1] and shortcuts in paperwork: It's
whether the banks' mistakes and lack of due diligence caused people to face wrongful foreclosures.
Banks have denied that this has happened, saying, "We are confident that processing errors did not result in any
inappropriate foreclosures [ ...]
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Securitization - The Big Fail

...
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November 22, 2010

ii···········..············..···············

This is a good article by Adam Levitin posted on Credit Slips. It is an analysis of the recent opinion in Kemp v.
Countrywide whereby the court held that the note had never been transferred to the securitization trust and it
precluded the trust from filing a proof of claim.
Last week the US Bankruptcy Court [ ...J
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Retired Judge Defends RobQ Signers
2010

I am totally puzzled by this Huffington Post article written by Judge Sarokin. He is saying we should not
sacrifice the rule of law and sanctity of contracts in order to help homeowners facing foreclosure. He thinks that
the robo signing controversy is overblown because apparently in this day and age no bank employee can [ ... J
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Countrywide Admits Notes Were Not Transferred To Securitization
Trusts

Testimony in a New Jersey bankruptcy court case provides proof of the scenario we've depicted on this blog
since September, namely, that subprime originators, starting sometime in the 2004-2005 timeframe, if not earlier,
stopped conveying note (the borrower IOU) to mortgage securitization trust as stipulated in the pooling and
servicing agreement. Professor Adam Levitin in [ ... J
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Foreclosure KinK David.J Stern ResiKns
THE KING IS DEAD

It's all unraveling for David J. Stem, the South Florida foreclosure attorney who built a once-formidable
foreclosure empire only to see it crumble in recent months. On Friday, DJSP Enterprises, Stem's publicly traded
foreclosure processing company, announced his resignation as president and CEO. Replacing him is Stephen
Bernstein, a prominent real estate [ ...J
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HUD Checking Warehouse Lending for RESPA CQmpliance

The Department of Housing and Urban Development is looking at warehouse lending to see if such transactions
are legitimate secondary market transactions under the Real Estate Settlement Procedures Act.
This is the first time since the agency issued RESPA rules in 1992 and 1994 that it is examining this question, a
notice from the agency said.
Among [ ...]
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MERS LOBBY IN HIGH GEAR TO BECOME NATIONAL
REGISTRY
November 19,2010
','
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Aggressive lobbying defends mortgage-trading system
By Ariana Eunjung Cha and Brady Dennis
Washington Post Staff Writers
Thursday, November 18,2010; 11: 10 PM
The financial services industry has launched an aggressive campaign on Capitol Hill to bolster the legality of the
way companies have turned mortgages into securities and traded them across the globe in recent years.
The companies have opened [ ...J
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Tracking Down Those Lost Mortgages
November 19 2010

Trevor Douglas, 54, may soon lose his Orlando house. Sure, Douglas hasn't paid his mortgage in more than two
years, which is what a Bank of America spokesperson tells me "is important to remember." It is. StiH, if it
happens, I will feel partially responsible. I helped push Douglas closer to eviction.
Like many other home [ ...J

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EXHIBIT 2

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Apr. 11, 2010
Copyright © Las Vegas Review-Journal

Court reprimands lawyer over misleading ads
Justices order auto insurance public service announcement
By CARR! GEES THEVENOT
LAS VEGAS REVIEW-JOURNAL

The Nevada Supreme Court publicly reprimanded a Las Vegas lawyer Friday for running a Spanish
radio advertisement in 2008 that "grossly misstated the law."
According to the order, Anthony "Tony the Tiger" lopez Jr. ran the 10-second advertisement on
two radio stations in las Vegas and one in Reno. It cost about $19,500 and ran for about three
months.
The commercial told listeners: "If you have had an auto accident, by law you have the right to
receive at least $15,000 for your case."
"The record demonstrates that the advertisement misled the public into believing that they had a
right to $15,000 if they were involved in a car accident regardless of the merits of their case,"
according to the Supreme Court order. "Moreover, as the State bar argues, lopez's prior instances
of misconduct evidence his disregard for the rules of professional conduct."
Neither Lopez nor attorney Felicia Galati, who represented him at a disciplinary hearing in January
2009, could be reached for comment Friday afternoon.
A panel of the State Bar of Nevada's Southern Nevada Disciplinary Board conducted the hearing
and found that the misrepresentations in the commercial "harmed the public by fostering
unnecessary and unwarranted litigation by people who were not necessarily entitled to any
recovery."
The panel, which rejected lopez's argument that the commercial had been intended to inform the
public of the minimum insurance requirements for automobile drivers, recommended the public
reprimand. The panel also recommended that Lopez be required to run "a Spanish-language public
service announcement campaign equal to the $19,500 (he) spent in promoting his misleading
advertisement. "
"This public service announcement would simply inform the public that drivers have a
responsibility under Nevada law to maintain liability insurance with minimum limits of $15,000, n
according to the recommendation. "The advertisement must be a pure public service
announcement and must not contain any solicitation for business."
The Supreme Court ordered Lopez to comply with all the panel's recommendations. Lopez, 49, has
been licensed to practice law in Nevada since 1993.

http://www.printthis.clickability.com/pt/cpt?action=cpt&title=Court+reprimands+lawyer+...

5/20/2010

Contact reporter Carri Geer Thevenot at [e-mail] or 702-384-8710.

Find this article at:
http://www.lvrj.comlnewsicourt-reprimands-lawyer-over-misieading-ads-90559909.html

1/1 Check the box to include the list of links referenced in the artide.
Copyright 0 Las Vegas Review-Journal, 1997 - 2008
Go Green! Subscribe to the electronic Edition at www.reviewjournal,romleel

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5/20/2010

EXHIBIT 3

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Filed 06/30/10 Page 5 cf4., 1 of4

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Las Vegas Lawyer Reprimanded for False
Advertising
by Dean on April 20, 2010
The Nevada Supreme Court publicly reprimanded a Las Vegas lawyer Friday for running a Spanish
radio advertisement in 2008 that "grossly misstated the law."
retweet

According to the order, Anthony "Tony the Tiger" Lopez Jr. ran the to-second advertisement on two
radio stations in Las Vegas and one in Reno. It cost about $19,500 and ran for about three months.
The commercial told listeners: "If you have had an auto accident, by
law you have the right to receive at least $15,000 for your case."
"The record demonstrates that the advertisement misled the public into
believing that they had a right to $15,000 if they were involved in a car
accident regardless of the merits of their case," according to the
Supreme CoUrt order. "Moreover, as the State bar argues, Lopez's
prior instances of misconduct evidence his disregard for the rules of
professional conduct."

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Neither Lopez nor attorney Felicia Galati, who represented him at a
disciplinary hearing in January 2009, could be reached for comment
Friday afternoon.
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A panel of the State Bar ofNevada's Southern Nevada Disciplinary
Board conducted the hearing and found that the misrepresentations in Lower Your Blood Pressure
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the commercial "harmed the public by fostering unnecessary and
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The panel, which rejected Lopez's argument that the commercial had Mortgage Refinance: $200,000 loan for
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been intended to inform the public of the minimum insurance
requirements for automobile drivers, recommended the public
The panel
that Lopez be
to run New Era Diets (SHOCKER)
a Spamsh-Ianguage public seIVlce announcement campaIgn equal to Simple weight loss secret to lose 12 pounds in
the $19,500 (he) spent in promoting his misleading advertisement."
30 days
"This public service announcement would simply inform the public
that drivers have a responsibility under Nevada law to maintain liability insurance with minimum limits of
SI5,000," according to the recommendation. "The advertisement must be a pure public service announcement
and must not contain any solicitation for business."

http://www.deanmostofi.coml?p=881

.5/20/2010

1-1

, Las

Filed 06/30/10 Page 6 of,w: 20f4

The Supreme Court ordered Lopez to comply with all the panel's recommendations. Lopez, 49, has been licensed
to practice law in Nevada since 1993.
Contact reporter Cam Geer Thevenot at [e-mail] or 702-384-8710.

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EXHIBIT 4

Case 2:1 0-cv-01 066-K,JD -GWF Document 1-1
Type of Work:

Filed 06/30/10 Page 10

1 of 1

Text

Registration Number I Date:
TX0007162783 I 2010-06-24
Application Title: Court reprimands lawyer over misleading ads.
Title:

Court reprimands lawyer over misleading ads.

Description:

Electronic file

(eService)

Copyright Claimant:
Righthaven LLC, Transfer: By written agreement.
Date of Creation:

2010

Date of Publication:
2010-04-11
Nation of First Publication:
United States
Authorship on Application:
Stephens Media LLC, employer for hire; Domicile: United
States; Citizenship: United States. Authorship: text.
Rights and Permissions:
Chief Operating Officer, Righthaven LLC, 9960 West Cheyenne
Avenue, Suite 210, Las Vegas, NV,
89129-7701, United
States, [phone], [e-mail]
Names:

Stephens Media LLC
Righthaven LLC

http://cocatalog.loc.gov/cgi-binlPwebrecon.cgi

6/30/2010