Professional Documents
Culture Documents
REGINALD JONES, *
*
Plaintiff, *
*
v. * Civil No. 09-2904 RWT
*
*
HSBC Bank USA, N.A., et al *
his attorneys Jon D. Pels, Esq., Lawrence J. Anderson, Esq., Justin M. Reiner, Esq. and
Jennifer Schiffer, Esq., and Pels Anderson, LLC, and all others similarly situated, and
makes the following Complaint against Defendants HSBC Bank USA, N.A., as Trustee,
(hereinafter “HSBC”), Wells Fargo Bank, N.A. (hereinafter “WELLS FARGO”) and
Buonassissi, Henning & Lash, P.C. (hereinafter “BH&L”) 1 and for his Complaint states
INTRODUCTORY STATEMENT
1. Plaintiff and each putative member of the class herein had their due
fairness. These Affidavits were and are materially false and at best create a significant
cloud on title and, more than likely, render the transactions legally defective.
1
Plaintiff is thus dismissing without prejudice all other Defendants previously identified by prior counsel,
1
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 2 of 29
support of the right to foreclose pursuant to Maryland Annotated Code, Real Property
statement the contents of which are affirmed under the penalties of perjury are true.
Annotated Code, Real Property Article Section 7-105.1(D)(1)(II) Concerning Default and
Notice of Intent to Foreclose executed by Xee Moua on behalf of Wells Fargo Bank, NA
as Vice President of Loan Documentation. 2 Xee Moua has admitted in deposition when
questioned about the specific factual allegations in her affidavits, she unequivocally and
repeatedly admits that she did not have any knowledge of the facts contained in her
affidavit because all she did was look at her name and title. (“Q.: So asking you here
today, that would not be your testimony, because you’re not aware if that’s accurate,
3. Specific to the lead Plaintiff Reginald Jones, Xee Moua without any
knowledge executed documents under oath and the penalty of perjury that she knew the
Wells Fargo or its agents had performed certain statutorily required acts in order to
foreclose:
(1) That Wells Fargo was the holder or owner of the debt instrument; and
(2) That there was a default under the note and the nature of the default;
and
(3) That a notice of intent to foreclose had been mailed to the homeowner.
2
Perhaps ironically, Defendants this day filed a Motion to Dismiss relying on an “Exhibit F – Deed of
Substitute Trustee” signed by “Xee Moua” at the very time Counsel for Plaintiff was preparing this
Amended Complaint citing to Xee Moua’s admitted misrepresentations.
2
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 3 of 29
Ms. Moua has admitted that she was executing 300 – 500 similar documents a day
during the July 2009 time period, and all she was doing to certify the truth of these
4. In addition to the Xee Moua’s “Affidavit” in his case, Ms. Linda Hoover
endorsed an “Affidavit of Right to Foreclose” in the case which is patently false. Her
“Affidavit” states that there were two (2) mortgagors (Reginald D. Jones and Yasmeen H.
Jones), yet the copy of the deed of trust sworn to be accurate by counsel Joseph V.
Buonassissi, II shows that solely the Plaintiff Reginald D. Jones executed the promissory
note and deed of trust. Such an error demonstrates that the Affiant, Ms. Linda Hoover,
either did not look at the documents, did not read the documents, or did not care.
given recent statements in the media: “...one part of a global solution could be extending
vacant or if the servicer offered a meaningful payment reduction, such as 25 percent, and
The proposition that some should be afforded due process while others should not on the
“word” of a bureaucrat invites cynicism as such a person is usually "a man of his most
recent word" (original quote by William F. Buckley). This matter should be resolved in
the Court following the rule of law not in a closed-door session with a wink and a nod by
those that believe they are above the law. As one Federal Judge famously stated in 1973:
“…either we are committed to make reasonable efforts to provide a forum for the
adjudication of disputes involving all our citizens… or we are not. There are those who
will not ignore the irony of courts ready to imprison a man who steals some
3
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 4 of 29
goods…while unwilling to grant a civil remedy against a corporation which has benefited
for the malfeasance identified herein and asks, inter alia, that this Court order that: 1)
Defendants cease and desist utilizing false Affidavits; 2) any such borrower is released
from his or her obligation under the Note as a result thereof and/or at a minimum that the
Borrower be placed to the status quo at which they were when the false Affidavits were
submitted; and/or 3) Defendants shall be sanctioned for each respective false Affidavit
submitted.
PARTIES
upon information and belief is a federally chartered bank, whose principal place of
business is located in New York, NY. Defendant HSBC regularly transacts business in
the state of Maryland including buying, selling and/or securitizing mortgages on property
federally chartered bank under the laws of the State of South Dakota. Defendant WELLS
FARGO is licensed to and regularly does transact business in the state of Maryland
4
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 5 of 29
under the laws of the Commonwealth of Virginia. Defendant BH&L’s principal place of
business is located in Reston, VA. BH&L is licensed to and regularly does transact
11. This case was originally filed in the Circuit Court for Montgomery
12. Additionally, under the “Class Action Fairness Act,” the aggregate amount
substantial part of the events giving rise to claims herein occurred within this District.
3
28 U.S.C. § 1332(d)(2) states that a district court may, in the interests of justice and
looking at the totality of circumstances, decline to exercise jurisdiction under paragraph
(2) over a class action in which greater than one-third but less than two-thirds of the
members of all proposed plaintiff classes in the aggregate and the primary defendants are
citizens of the State in which the action was originally filed based on consideration of --
(A) whether the claims asserted involve matters of national or interstate interest; (B)
whether the claims asserted will be governed by laws of the State in which the action was
originally filed or by the laws of other States; (C) whether the class action has been
pleaded in a manner that seeks to avoid Federal Jurisdiction; (D) Whether the number of
citizens of the State in which the action was originally filed in all proposed plaintiff
classes in the aggregate is substantially larger than the number of citizens from any other
State, and the citizenship of the other members of the proposed class is dispersed among
a substantial number of States. (E) Whether 1 or more class actions asserting the same or
similar claims on behalf of the same or other persons have been or may be filed. 28
U.S.C. § 1332(d)(3)(emphasis supplied).
5
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 6 of 29
transaction with FREMONT to refinance the purchase money deed of trust on the
16. At closing, Plaintiff signed a “Deed of Trust” and Promissory Note, which
18. The Second Promissory Note was for the amount of $75,200.00
19. After executing the loan document, Plaintiff began paying his loan
payments to FREMONT.
21. In 2008, Plaintiff began receiving demands for payment and threats of
foreclosure from Defendants BH&L, substitute trustees, and Defendant WELLS FARGO.
22. Upon information and belief, servicing of the subject trust loan was
23. Upon information and belief these demands were sent on behalf of
FARGO, as servicer, and/or Defendant HSBC, as Trustee, under the Pooling and
Servicing Agreement dated August 23, 2005, Home Equity Loan Trust, Series ACE
2005-HE-5.
6
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 7 of 29
notarized, and filed with the land records a “Deed of Appointment of Substitute Trustee”
25. Defendant BH&L has filed hundreds and perhaps thousands of Deeds of
themselves as “Trustee” or “Substitute Trustee,” citing this same fallacious language that
26. In the Deed of Substitute Trustee, Xee Moua, alleged attorney in fact of
Defendant WELLS FARGO, asserts under oath that he/she is executing the Deed of
BH&L as substitute trustee; and further asserts that WELLS FARGO is the authorized
agent of HSBC; that HSBC is trustee to Defendant HOME EQ LOAN TRUST, which is
certificate holders. In light of the notarization procedures at Wells Fargo during June
2009, Defendant avers that the Notary Amanda Elizabeth Hosenfeld ever actually
witnessed Xee Moua execute the Deed of Substitute Trustee, and whether she actually
had Xee Moua acknowledge that the document was executed for the purposes contained
27. Plaintiff, its agents and attorneys submitted numerous affidavits in support
of their right to foreclose pursuant to Maryland Annotated Code, Real Property Article, §
7-105.1, et seq. Under Maryland Rules an “Affidavit” means a written statement the
7
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 8 of 29
contents of which are affirmed under the penalties of perjury are true. Unless the
applicable rule expressly requires the affidavit to be made on personal knowledge, the
statement may be made to the best of the affiant’s knowledge, information and belief.
28. Among the affidavits were sworn statements stating the date on which the
default occurred and the nature of the default, and that a notice of intent to foreclose was
sent to the mortgagor or grantor in accordance with law, and affidavits that the lender has
Real Property Article Section 7-105.1(D)(1)(II) Concerning Default and Notice of Intent
referred to as the "Moua Affidavit". In the Moua Affidavit, it was asserted that she
personally appeared before a notary public, Mary Tramble, and stated “under oath” that
the matters and things contained in the foregoing affidavit are true to the best of his/her
knowledge, information and belief. The factual allegations that Xee Moua said were true
based on her information, knowledge and belief were (1) That the undersigned [Xee
Moua] is either the holder or the agent for the holder of the Promissory Note secured by
the Deed of Trust, a copy of which accompanies the Order to Docket filed in this case,
mortgage payments due and owing under the Promissory Note and Deed of Trust; and (3)
8
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 9 of 29
That on May 1, 2009 a Notice of Intent to Foreclosure was sent to the Mortgagor(s) in
accordance with the provisions of Section 7-105.1(C), Real Property Article, Annotated
30. One affidavit is facially defective and patently false in stating that there
were two (2) mortgagors (Reginald D. Jones and Yasmeen H. Jones), yet the copy of the
Reginald D. Jones executed the promissory note and deed of trust. Such an egregious
error demonstrates that the affiant, Ms. Linda Hoover, either did not look at the
31. Another Affidavit provided by Wells Fargo was from China Brown and
Instrument and allegedly executed on April 29, 2009 before a notary public Carmen
Picket. The affiant, China Brown, swore that she as the agent was the owner of the debt
instrument and that a copy of the debt instrument accompanied the affidavit. Based upon
the sworn deposition testimony of Ms. Moua regarding Wells Fargo’s execution
procedures it is highly unlikely that Ms. Brown did anything more than Ms. Moua when
executing her affidavit. That would mean that she only checked her name and title, and
was completely incompetent to testify that Wells Fargo, or any other entity, was the
proper party to foreclose, or that she checked to make sure that the proper copy of the
promissory note accompanied the affidavit. For the same reasons that Ms. Moua’s
affidavit is defective, the Affidavit of Ms. Brown is defective pursuant to Maryland Rule
14-207.1. Ms. Brown lacks the requisite inquiry to form best information, knowledge
and belief that the contents of her affidavit were true, and it is also very likely that the
9
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 10 of 29
notary, Carmen Pickett, did not actually witness Ms. Brown execute the affidavit as she
has certified. When the China Brown affidavit is stricken, Wells Fargo lacked the
32. There is still yet a fourth affidavit submitted in these proceedings that is
Mr. Robertson’s affidavit, he alleges facts in support of the Plaintiff’s Motion for
Possession and Eviction of the Defendant. The problem with this Affidavit is that the
Notary Public, Crystal Dawn Elkins, certified that on March 30, 2010, Brian S. McNair
appeared before her and testified to these statements under oath, not Darren J. Robertson.
If true, Ms. Elkins witnessed the statements of Brian S. McNair and not the statements of
33. The circuit court was misled by these statements that are blatantly not
made with the best information, knowledge and belief of the affiants, and the allegations
contained herein provide this court sufficient reasons to believe that these affiants, Xee
Moua, China Brown, Linda Hoover, Joseph V. Buonassissi, II and Darren J. Robertson
may be invalid because these affiants did not have sufficient basis to attest to the
accuracy of the facts stated in the affidavits, or because the affiants did not appear before
10
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 11 of 29
35. It has become widely reported that Xee Moua admitted in deposition in
March 2010 that she signed between 300 and 500 foreclosure documents a day, verifying
only her name and title. See, SC Wells Fargo Employee Said She Signed 300 – 500
Foreclosure Docs A Day, by Stephanie Armour and Thomas Frank, USA Today, October
15, 2010.
36. Counsel has obtained a copy of the Xee Moua deposition. See Exhibit 2,
an extract of the Xee Moua Deposition. Reviewing the Xee Moua Deposition dated
March 9, 2010 (“Moua Deposition”) in the matter of Wells Fargo Bank, NA v. Stipek,
Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, FL, Case
No. 50 2009 CA 012434XXXXMB AW, Ms. Moua admits that China Brown is her
supervisor and part of her document execution team with authority to sign for Wells
Fargo, that she did not personally appear before the notary, and that she only looked at
A.: Yes.
Q.: And when you say hundreds – when you’re referencing
documents, you mean the previous documents that you listed; whether it
be an affidavit, an affidavit for judgment, substitution of trustee, those
documents?
A.: Yes, sir.
Q.: I guess to help me fully understand, when you say
hundreds, it could be 500 documents in a day?
A.: It can. … In a given day, anywhere between 300 to 500.
Q.: Okay. Now, so one of the processors will bring you these
documents; is that correct?
A.: Yes, sir.
Q.: So you may have a stack of 300 on your desk?
A.: Yes, sir.
Q.: Now, you’ll go through one by one and sign each of these
documents?
A.: Yes, sir.
Q.: When you sign these documents, what do you do, what do
you look at on the documents?
A.: Make sure my information is there and correct, and I sign.
Q.: When you say your information?
A.: My name, my title.
Q.: Anything else?
A.: That is it.
Q.: Now, do you verify any of the numbers that may be on
some of these documents?
A.: I do not. That’s not part of my job description.
Moua Deposition, p. 28, line 14 – 30, line 5
37. Ms. Moua testified that she understood that she was executing these
12
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 13 of 29
38. Later in the deposition when questioned about the specific factual
allegations in her affidavit, she unequivocally and repeatedly admits that she did not have
any knowledge of the facts contained in her affidavit because all she did was looked at
Q.: Now, you’re aware that – I’ll take you to paragraph 1. In that
paragraph you state that there’s no genuine issue of material fact in this case,
correct?
A.: Like I had stated before, we don’t go into details with these
affidavits; all we do is we get them in, they’re verified, we execute them and we
send them out.
Q.: So asking you here today, that would not be your testimony,
because you’re not aware if that’s accurate, correct?
A.: Yes, that’s correct.
…
Q.: Further in that sentence it says that: The Plaintiff is entitled to
enforce the note and mortgage. And your answer may be repetitive on this
because you said it, but I have to go through this process. Do you know if that is,
in fact, the case, that the Plaintiff is entitled to enforce the note and mortgage?
A.: No, sir, not to my knowledge.
Q.: And on this day it was not done – going back to May 6, 2009, that
was not within your knowledge at that time either, correct?
A.: Correct.
Moua Deposition, p. 41, line 2 – p. 42, line 3. See also p. 45, line
18 – p. 46, line 5 (factual allegation that Wells Fargo Home Mortgage is
responsible for the collection of this loan – “No personal knowledge
whatsoever.”); p. 46, line 5 – 47, line 12 (factual allegation that she was
familiar with the books, records and documents kept by Wells Fargo
concerning the transaction – “But you personally did not review them?
No, Sir” and “So it would be fair to say that you haven’t reviewed any
transactions that have been alleged in the Complaint, correct? No, Sir”);
p. 47, line 5; See generally p. 48, line 12 – 52, line 24.
39. When Ms. Moua was questioned specifically about the notary process it is
clear that the notary, Mary Tramble, did not witness Ms. Moua actually execute the
affidavit.
Q. Okay. Now turning your attention to the bottom of the page, Mary
Tamble.
A. Yes, sir.
Q. Does she work in your office?
13
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 14 of 29
A. She does.
Q. Is she one of the processors?
A. She’s a notary.
…
Q. Is her sole responsibility a Notary Public?
A. That’s not all she does, but she does notarize our documents for us
as well.
Q. Is she the only notary that you’ll utilize in signing these
documents?
A. No, sir.
…
Q. Where does Mary work in relation to your cubicle that you work
in?
A. She’s on the other side.
Q. The other side of the floor?
A. No, she’s in the same area as I am.
Q. So when you have these, you know, sometimes three to 500
documents that you may be signing, you sign them and then walk them over to
her cubicle?
A. Either that or she’ll usually – we’re close together, so I’ll sign
them and hand them to her.
Moua Deposition, p. 53, line 9 – p. 56, line 11.
40. In light of these admissions that Ms. Moua and many other Wells Fargo
personnel, this Court could not rely on the truthfulness of her affidavit dated July 7, 2009
wherein Ms. Moua represented that Wells Fargo was the holder because she admitted that
she took no action to find out whether Wells Fargo was the holder - she only looked at
her name and title; she testified that a copy of the Promissory Note and the Deed of Trust
was attached to the Order to Docket – she could not make this statement because she
never saw or checked the Order to Docket to see which copy of the Promissory Note and
the Deed of Trust were attached and she never looked at the Promissory Note and the
Deed of Trust to ensure they were signed by the Plaintiff because she only checked her
name and her title. Ms. Moua admitted that she never checked anything to form
knowledge, information and belief that the default on the Mortgager’s promissory note
occurred in November 2007 or that the default was caused by the non-payment of
14
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 15 of 29
payments due and owing, or that she ever did anything to make sure that the Notice of
Intent to Foreclose was actually sent to the Plaintiff because she only checked her name
and title. In summary, Ms. Moua was completely incompetent to assert the truth of the
facts contained in the Moua Affidavit. The Moua Affidavit was presented to the court
with the express intention that the court would rely on its contents as true, and deny the
Wells Fargo and possibly others denied Defendant Jones due process and a fair
from the record, then the Plaintiff lacked the factual proof required by law to foreclose
42. Each putative member of the class herein had their due process violated by
the submission of fraudulent Affidavits that do not comport with Maryland procedural
support of their right to foreclose pursuant to Maryland Annotated Code, Real Property
statement the contents of which are affirmed under the penalties of perjury are true.
44. Said Affidavits were and are false and at best create a significant cloud on
title and more than likely the transactions are legally defective.
15
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 16 of 29
45. Plaintiff brings this action on behalf of himself and on behalf of a class of
record owners of residential real property in the State of Maryland who was subject to a
foreclosure action docketed by one or more of the Defendants which had an Affidavit
47. Sub Class Definition: Any Maryland resident who was an owner-occupant
or record owners of residential real property in the State of Maryland who was subject to
a foreclosure action docketed by one or more of the Defendants which had an Affidavit
executed by Xee Moua on behalf of Wells Fargo Bank, NA and the foreclosure sale was
48. Excluded from the class are the following: (i) Defendant, any person, firm
trust, corporation or other entity affiliated with Defendant; (ii) any person who previously
signed a document that operates to release Defendant from any and all liability for
damages stemming from the allegations contained herein; and (iii) class members who
49. Upon information and belief, members of the class number in the
hundreds. Members of the class are so numerous that joinder of all of them is
impracticable.
4
Claimants reserve the right to refine the class definition at the conclusion of discovery. Weisman v. MCA,
Inc., 45 F.R.D. 258 (D. Del. 1968); See also Lawler v. Alexander, 698 F.2d 439 (11th Cir. 1983); Newberg
on Class Actions Standing and Mootness § 2:3 (“Some cases, while giving lip service to a supposed rule
that in order to have a class action there must first be a class, are concerned primarily with ambiguities in
pleading the class definition. When these occur, the court has full power under Rule 23 to resolve the
ambiguity by redefining the class or affording the representative plaintiff an opportunity to do so.”)
5
The Class definition is intended in the Complaint to identify from Defendants own admission and
documents those within the class while the respective causes of action below identify which Defendant(s) is
liable for the respective Count.
16
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 17 of 29
50. There are numerous questions of law and fact common to the Class. Such
A. whether the members of the class herein have been denied due
process by the submission of admittedly false Affidavit;
B. whether and is so when Defendants knew of the false
Affidavits and whether such procedures were timely corrected
or permitted to occur;
C. the applicability of Maryland’s version of the Consumer
Protection Act to this action and Section 7-105.1 of Maryland’s
Real Property Article; and
D. whether Defendant in fact complied with Maryland law by
utilizing Affidavits endorsed by Xee Moua on behalf of Wells
Fargo Bank, NA.
51. The named Plaintiff herein is a member of the class, and his claims are
typical of other class members' claims in that, like all class members, Plaintiff’s property
and has vigorously pursued this action on behalf of the entire class, has no conflicts with
the class, has interests completely coincident with the class's interests, and has retained
53. Questions of law and fact common to the class, including the legal and
factual issues relating to the knowledge Defendant had of the Affidavits endorsed by Xee
Moua on behalf of Wells Fargo Bank, NA predominate over any questions affecting only
individual members.
54. A class action is superior to other available methods for the fair and
efficient adjudication of this controversy: the class is definable, and the number plaintiffs
17
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 18 of 29
prosecution of this case as a class action will eliminate the possibility of repetitious
litigation and will provide redress for claims which otherwise may be too small to support
the expense of individual, complex litigation against the Defendant; there are no
problems that would make this case difficult to manage as a class action.
Plaintiffs and the Class sue Defendants Buonassissi, Henning & Lash, P.C and
state:
55. The Plaintiffs and Class members adopt by reference the allegations
contained in all previous paragraphs of this Complaint with the same effect as if herein
58. Defendants Buonassissi, Henning & Lash, P.C are each a “debt collector”
59. Defendants Buonassissi, Henning & Lash, P.C violated FDCPA (15
U.S.C. § 1692e(5)) by threat[en]ing to take and actually taking action that they could not
take in that they docketed foreclosures with the knowledge that they would improperly
support the docketing with false, fabricated, or counterfeit affidavits, support the sales of
18
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 19 of 29
consumer homes with false, fabricated, or counterfeit affidavits, and obtain ratification of
support of the docketing of a foreclosure, the sale of consumers’ homes, and the
1692f.
62. During all dates relevant to this civil action, Defendants had the resources
to have properly and legally prosecuted every foreclosure; however, they choose to
prosecute every foreclosure illegally in order to maximize their profits regardless of the
risk to their clients and regardless of the devastating financial and emotional
63. Each member of the Class has suffered damages as the direct result of the
[1] Certify this civil action as a class action with Reginald Jones as the Class
representatives and their attorneys; with Jon D. Pels, Lawrence J Anderson and Pels
Anderson, LLC as counsel on behalf of the Class;
[3] Statutory damages for each member of the FDCPA Sub-Class, other than
named Plaintiffs, not to exceed lesser of $500,000.00 or 1% of the total net worth of
Defendants as allowed by 15 U.S.C. § 1692k(a)(2)(B)(ii);
19
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 20 of 29
[4] Actual damages for each Plaintiff and each member of the FDCPA Sub
Class (estimated to be not less than $40,000,000.00);
[6] The costs of this civil action; an award of equitable relief to Plaintiff and
all class members, including an order requiring Defendant to render to class members: (i)
all damages resulting from the Defendant’s malfeasance, together with actual damages to
the respective consumers, and (ii) other equitable relief to which Plaintiff and the class
members may be shown to be entitled; an award to Plaintiff and the class members for all
other remedies that equitably and reasonably flow from Defendant’s breaches of
statutory, common law and contractual obligations including an Order enjoining
Defendant from utilizing false Affidavits and declaring that that any such borrower is
released from his or her obligation as a result thereof.
[7] Other relief as the Court may find necessary and appropriate.
64. The Plaintiffs and Class members adopt by reference the allegations
contained in all previous paragraphs of this Complaint with the same effect as if herein
65. Md. Code Ann., Real Prop., § 7-105.2(i)² states: “An action for failure to
comply with the provisions of this section shall be brought within 3 years after the date of
66. Md. Code Ann., Real Prop., § 7-105.2(e) states: “The right of a record
owner to file an action for the failure of the person authorized to make a sale in an action
to foreclosure a mortgage or deed of trust shall expire 3 years after the date of the order
20
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 21 of 29
67. Real Prop., §§ 7-105.1 and 7-105.2 mandate that certain notices,
parties during the foreclosure process. Additionally, Real Prop., §§ 7-105.1 and 7-105.2
mandate that certain of these notices, documents, statements, and affidavits be filed with
foreclosure sale.
69. Defendants failed to comply with the provisions of Real Prop., §§ 7-105.1
and 7-105.2 in that they knowingly and willfully filed false, fabricated, and counterfeit
70. Each such false, fabricated, or counterfeit affidavit was filed in lieu of an
71. Each such false, fabricated, or counterfeit affidavit or statement is, at best,
73. As a direct result of the acts of Defendants Maryland courts ratified the
foreclosure sale of Stewart’s Property and ratified the foreclosure sales of the homes of
21
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 22 of 29
result of the failure of Defendants to comply with the provisions of Real Prop., §§ 7-
[a] Certify this civil action as a class action with Reginald Jones as the Class
representatives and their attorneys; with Jon D. Pels, Lawrence J Anderson and Pels
Anderson, LLC as counsel on behalf of the Class;
[b] Actual damages for each Plaintiff and each member of the Class
(estimated to be not less than $100,000,000.00);
[c] The costs of this civil action; an award of equitable relief to Plaintiff and
all class members, including an order requiring Defendant to render to class members: (i)
all damages resulting from the Defendant’s malfeasance, together with actual damages to
the respective consumers, and (ii) other equitable relief to which Plaintiff and the class
members may be shown to be entitled; an award to Plaintiff and the class members for all
other remedies that equitably and reasonably flow from Defendants’ breaches of
statutory, common law and contractual obligations including an Order enjoining
Defendant from utilizing false Affidavits and declaring that any such borrower is released
from his or her obligation as a result thereof.
[d] Other relief as the Court may find necessary and appropriate.
(“VCPA”)
22
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 23 of 29
79. This wrongful behavior has caused damages to each respective class
[a] Certify this civil action as a class action with Reginald Jones as the Class
representatives and their attorneys; with Jon D. Pels, Lawrence J Anderson and Pels
Anderson, LLC as counsel on behalf of the Class;
[c] The costs of this civil action; an award of equitable relief to Plaintiff and
all class members, including an order requiring Defendant to render to class members: (i)
all damages resulting from the Defendant’s malfeasance, together with actual damages to
the respective consumers, and (ii) other equitable relief to which Plaintiff and the class
members may be shown to be entitled; an award to Plaintiff and the class members for all
other remedies that equitably and reasonably flow from Defendant’s breaches of
statutory, common law and contractual obligations including an Order enjoining
Defendant from utilizing false Affidavits and declaring that any such borrower is released
from his or her obligation as a result thereof.
[d] Other relief as the Court may find necessary and appropriate.
23
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 24 of 29
the securing of a mortgage lien on residential real property agreed to comply with
Defendant acted in bad faith and its conduct was not commercially reasonable under the
circumstances because Defendants did not believe in good faith that submitting false
afford due process required by Maryland law from the submission of false Affidavits.
[a] Certify this civil action as a class action with Reginald Jones as the Class
representatives and their attorneys; with Jon D. Pels, Lawrence J Anderson and Pels
Anderson, LLC as counsel on behalf of the Class;
[c] The costs of this civil action; an award of equitable relief to Plaintiff and
all class members, including an order requiring Defendant to render to class members: (i)
all damages resulting from the Defendant’s malfeasance, together with actual damages to
the respective consumers, and (ii) other equitable relief to which Plaintiff and the class
members may be shown to be entitled; an award to Plaintiff and the class members for all
other remedies that equitably and reasonably flow from Defendant’s breaches of
24
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 25 of 29
[d] Other relief as the Court may find necessary and appropriate.
86. Defendant(s), by its acts and omissions described herein, has wrongfully
appropriated, retained or otherwise possessed funds that rightfully in justice and equity
belong to Plaintiff and the class. Defendant(s) has earned enormous profits from this
deceptive act.
87. Defendant(s) should be required to disgorge all sums (e.g. the money
earned from this practice) received from Plaintiff and the class members as a result of the
illegal and improper manner in which they foreclosed. Plaintiff and the class are also
entitled to pre-judgment interest. Lastly, Plaintiff and the class are thus entitled to the
sufficient to provide to the Plaintiff and the class the damages that have accrued.
WHEREFORE, Plaintiffs and each member of the Class demand judgment against
Defendants, jointly and severally, for:
[a] Certify this civil action as a class action with Reginald Jones as the Class
representatives and their attorneys; with Jon D. Pels, Lawrence J Anderson and Pels
Anderson, LLC as counsel on behalf of the Class;
25
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 26 of 29
[c] The costs of this civil action; an award of equitable relief to Plaintiff and
all class members, including an order requiring Defendant to render to class members: (i)
all damages resulting from the Defendant’s malfeasance, together with actual damages to
the respective consumers, and (ii) other equitable relief to which Plaintiff and the class
members may be shown to be entitled; an award to Plaintiff and the class members for all
other remedies that equitably and reasonably flow from Defendant’s breaches of
statutory, common law and contractual obligations including an Order enjoining
Defendant from utilizing false Affidavits and declaring that any such borrower is released
from his or her obligation as a result thereof.
[d] Other relief as the Court may find necessary and appropriate.
89. Plaintiffs and the class are entitled to a declaration that Defendant
breached their contractual, statutory and common law obligations to Plaintiffs and the
class members through its deceptive practices of using improper affidavits and that they
are lawfully released from any deficiency on the Note(s) they had entered into with
Defendants.
90. Plaintiff(s) request that this court enter a preliminary and/or permanent
injunction ordering Defendant to cease and desist: utilizing false Affidavits and declaring
that that any such borrower is released from his or her obligation as a result thereof
and/or at a minimum be placed to the status quo at which they were when the false
Affidavits were submitted. As a direct and proximate result of this Plaintiffs and the
26
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 27 of 29
WHEREFORE, Plaintiffs and each member of the Class demand judgment against
Defendants, jointly and severally, for:
[a] Certify this civil action as a class action with Reginald Jones as the Class
representatives and their attorneys; with Jon D. Pels, Lawrence J Anderson and Pels
Anderson, LLC as counsel on behalf of the Class;
[c] The costs of this civil action; an award of equitable relief to Plaintiff and
all class members, including an order requiring Defendant to render to class members: (i)
all damages resulting from the Defendant’s malfeasance, together with actual damages to
the respective consumers, and (ii) other equitable relief to which Plaintiff and the class
members may be shown to be entitled; an award to Plaintiff and the class members for all
other remedies that equitably and reasonably flow from Defendant’s breaches of
statutory, common law and contractual obligations including an Order enjoining
Defendant from utilizing false Affidavits and declaring that any such borrower is released
from his or her obligation as a result thereof.
[d] Other relief as the Court may find necessary and appropriate.
92. Defendant(s) actions and conduct was characterized by evil motive, intent
facts that Defendants concealed and the misrepresentations that were made were material
to the transaction at hand. These omissions and misrepresentations were made with the
27
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 28 of 29
knowledge of their falsity and/or with reckless disregard with the intent of defrauding
Plaintiffs.
94. The facts omitted and undisclosed by Defendant would have been
important to a reasonable person, including Plaintiff(s) and the members of the class.
or reckless disregard for the rights of Plaintiffs and the members of the class.
WHEREFORE, Plaintiffs and each member of the Class demand judgment against
Defendants, jointly and severally, and request that this Court:
[a] Certify this civil action as a class action with Reginald Jones as the Class
representatives and their attorneys; with Jon D. Pels, Lawrence J Anderson and Pels
Anderson, LLC as counsel on behalf of the Class;
[b] A declaration that the actions of Defendant constituted a deceptive act or practice
(either negligently or intentionally) and actual damages for each Plaintiff and each
member of the Sub-Class (estimated to be not less than $100,000,000.00); an Order
declaring that that any such borrower is released from his or her obligation as a result
thereof and/or at a minimum be placed to the status quo at which they were when the
false Affidavits were submitted; sanctions for each respective false Affidavit submitted.
[c] The costs of this civil action; an award of equitable relief to Plaintiff and all class
members, including an order requiring Defendant to render to class members: (i) all
damages resulting from the Defendant’s malfeasance, together with actual damages to the
respective consumers, and (ii) other equitable relief to which Plaintiff and the class
members may be shown to be entitled; an award to Plaintiff and the class members for all
other remedies that equitably and reasonably flow from Defendant’s breaches of
statutory, common law and contractual obligations including an Order enjoining
Defendant from utilizing false Affidavits and declaring that any such borrower is released
from his or her obligation as a result thereof.
[d] Other relief as the Court may find necessary and appropriate.
28
Case 8:09-cv-02904-RWT Document 38-2 Filed 10/26/10 Page 29 of 29
JURY DEMAND
Respectfully Submitted
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing Complaint has been delivered
via certified first-class mail this 26th day of October, 2010, to the following:
Russell J. Pope
Treanor Pope & Hughes
29 W. Susquehanna Avenue
Suite 110
Towson, MD 21204
Jose M. Blanco
1950 Old Gallows Road, #220
Vienna, Virginia 22182
29