california wrongful foreclosure complaint

8/2/2019 California Wrongful Foreclosure Complaint

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itchell 1. Stein (SBN 121750)E-mail: private.oceibod@gmaiLcomErikson M. Davis (SBN 197841)E-mail: [email protected] 1. STEIN & ASSOCIATES LLP28720 Canwood Street, Suite 204Agoura Hills, California 91301Tel: (877) 475-2448Fax: (818) 597-2123Attorneys for Plaintiffs

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELES

PETER KREUZER, an individual;RUSSELL HENDRICKS, an individual;LESLIE HENDRICKS, an individual;ARMANDO HINOJOSA, an individual;NICHOLAS ROB JONES, an individual;HIROSHI NAKAYAMA, an individual;OSCAR NAVARRO, an individual;MARIA NAVARRO, an individual;ALVIN BLAKE, an individual;TAWANA BLAKE, an individual;BRETT HESKETT, an individual;RIZZA HESKETT, an individual;MELANDO ANTHONY MARTINEZ, anindividual;MIKE MARTINEZ, an individual;ALFREDO HERRERA, an individual;LORENA HERRERA, an individual;MARIA JIMENEZ, an individual;DIONICO CORTEZ, an individual;DORA ALDRETE, an individual;JOHN KEALEY, an individual;NANCY HELLER RILEY, an individual;SIMON SARKISIAN, an individual;CARLOS DEMELO, an individual;SALLY DEMELO, an individual;HARKRISHNAN SINGH KOCHAR, anindividual;JASPAL KOCHAR, an individual;LAUDELYN GUTIERREZ, an individual;ROWAN GUTIERREZ, an individual;CYNTHIA IRELAND, an individual;MARIA PANTOJA, an individual;JOSE JAVIER PANTOJA, an individual;JULIET SICSIC, an individual;ASHMELLEY THERVIL an individual:

Case No.Related Case No. BC409444COMPLAINT FOR:1. FRAUDULENT CONCEALMENT[VIOLATION OF CAL. CIV. CODE 1572, 1709 AND 1710];2. INTENTIONALMISREPRESENTATION[VIOLATION OF CAL. CIV. CODE 1572, 1709 AND 1710];3. NEGLIGENTMISREPRESENTATION[VIOLATION OF CAL. CIV. CODE 1572, 1709 AND 1710];4. INVASION OF CONSTITUTIONALRIGHT TO PRIVACY [VIOLATIONOF CAL. CONST., ART. I, 1];5. VIOLAT.ION OF CAL. CIVIL CODE2923.5;6. VIOLATION OF CAL. CIVIL GODE, ~I " " ~ ; ) , . . - , . rrr 1798.82; :q:i ~ g7. WRONGFUL FORECLOSURE~ ! ;g ~[VIOLATION OF CIVIL~Ol)E:'> : : ; ; : a :

: : : : a . " ; J x f./l ,-T .... III.2924]; and ~ ~~R ~8. UNFAIR COMPETITIOl'J .. ~ ~ g[VIOLATIONS OF CAL. BUS. &8 ~ ?:~PROF. CODE 17200 E T S E , f l : . l : : : ; : }t:;(J- :: ';, t :: '~~.co.... coc,..jl:t). . .(JURY TRIAL DE~ANDED]

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COMPLAINT FOR DAMAGES
mailto:[email protected]:[email protected]


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SONIKA TINKER, an individual;DEBRA ANNE REIN, an individual;2 JOSEPH GOMEZ, an individual;ANTHONY GOLDEN, an individual;3 JOSEPH SANTOS, an individual; andRAYMOND HILL, an individual,4

Plaintiffs,5 vs.6 BANK OF AMERICA CORPORATION, a7 Delaware corporation; COUNTRYWIDEFINANCIAL CORPORATION, a Delaware8 corporation, dba BAC HOME LOANSSE~VICING; COUNTRYWIDE HOME9 LOANS, INC., a New York corporation;RECON TRUST COMPANY, a California

10 entity form unknown; CTC REAL ESTATESERVICES, a California corporation; and11 DOES 2 through 1000, inclusive,

Defendants.121314

1516

171819

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Plaintiffs, and each of them, hereby demand a jury trial and allege as follows:

INTRODUCTION1. This lawsuit arises from: (i) Defendants' deception in inducing Plaintiffs to enter into

mortgages from 2003 through 2007 with the Countrywide Defendants (defined below inParagraph 8); (ii) Defendants' breach of Plaintiffs' Constitutionally and statutorily protectedrights of privacy; and (iii) Defendants' continuing tortuous conduct intended to deprive Plaintiffsof their rights and remedies for the foregoing acts, described below.

2. This action seeks remedies for the foregoing improper activities, including a massivefraud perpetrated upon Plaintiffs and other borrowers by the Countrywide Defendants thatdevastated the values of their residences, in most cases resulting in Plaintiffs' loss of all orsubstantially all of their net worths.

3. Defendant Countrywide Financial Corporation ("Countrywide") was among theleading providers of mortgages in California during all times relevant to this Complaint. By2005, Countrywide was the largest U.S. mortgage lender in the United States, originating over$490 billion in mortgage loans in 2005, over $450 billion in 2006, and over $408 billion in 2007.

4. In 2007, Defendant Bank of America ("BolA") commenced negotiations to acquireCountrywide. By late 2007, BofA began merging its operations with Countrywide and adoptingsome of Countrywide's practices. From and after its acquisition of Countrywide in July 2008 andcontinuing to the present, both as a successor in interest to Countrywide and as a principal, BofAhas engaged in and continued the wrongful conduct complained of herein.

5. The fraud perpetrated by the Countrywide Defendants from 2003 through 2007,including by BofA starting no later than 2007, was willful and pervasive. It begin with simplegreed and then accelerated when Countrywide founder and CEO Angelo Mozilo ("Mozilo")discovered that Countrywide could not sustain its business, unless it used its size and large marketshare in California to systematically create false and inflated property appraisals throughoutCalifornia. Countrywide then used these false property valuations to induce Plaintiffs and otherborrowers into ever-larger loans on increasingly risky terms. As Mozilo knew from no later than2004, these loans were unsustainable for Countrywide and the borrowers and to a certainty would

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result in a crash that would destroy the equity invested by Plaintiffs and other Countrywideborrowers.

6. Hand-in-hand with its fraudulently-obtained mortgages, Mozilo and others atCountrywide hatched a plan to "pool" the foregoing mortgages and sell the pools for inflatedvalue. Rapidly, these two intertwined schemes grew into a brazen plan to disregard underwritingstandards and fraudulently inflate property values - county-by-county, city-by-city, person-by-person - in order to take business from legitimate mortgage-providers, and moved on to massivesecurities fraud hand-in-hand with concealment from, and deception of, Plaintiffs and othermortgagees on an unprecedented scale.

7. From as early as 2004, Countrywide's senior management led by Mozilo knew thescheme would cause a liquidity crisis that would devastate Plaintiffs' home values and net worths.But, they didn't care, because their plan was based on insider trading - pumping for as long asthey could and then dumping before the truth came out and Plaintiffs' losses were locked in.

S. At the very least, at the time of entering into the notes and deeds of trust 1eferencedherein with respect to each Plaintiff, Countrywide, each Defendant originating a mortgage, eachDefendant in the chain of title of the foregoing mortgages and each Defendant servicing theforegoing mortgages and the successors to each of the foregoing (collectively, the "CountrywideDefendants") was bound and obligated to fully and accurately disclose to each borrower,including each Plaintiff herein, that the mortgage being offered to the Plaintiff was, in fact, part ofa massive fraud that Countrywide knew would result in the loss of the equity invested by Plaintiffin his home and in severe impairment to Plaintiffs credit rating. '

9. It is now all too clear that this was the ultimate high-stakes fraudulent investmentscheme of the last decade. Couched in banking and securities jargon, the deceptive gamble withconsumers' primary assets - their homes - was nothing more than a financial fraud perpetrated byDefendants and others on a scale never before seen. This scheme led directly to a mortgagemeltdown in California that was substantially worse than any economic problems facing the restIThis Complaint uses "mortgage" and "deed of trust" interchangeably. Depending upon the state and other factors,a loan may be secured by either form of security instrument, the deed of trust being the customary instrument inCalifornia.

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-- ----- , of the United States. From 2008 to the present, Californians' home values decreased byconsiderably more than most other areas in the United States as a direct and proximate result ofthe Defendants' scheme set forth herein. The Countrywide Defendants' business premise was toleave the borrowers, including Plaintiffs, holding the bag once Countrywide and its executiveshad cashed in reaping huge salaries and bonuses and selling Countrywide's shares based on theirinside information, while investors were still buying the increasingly overpriced mortgage poolsand before the inevitable denouement. This massive fraudulent scheme was a disaster bothforeseen by Countrywide and waiting to happen. Defendants knew it, and yet Defendants stillinduced the Plaintiffs into their scheme without telling them.

10. As a result, Plaintiffs lost their equity in their homes, their credit ratings and historieswere damaged or destroyed, and Plaintiffs incurred material other costs and expenses, describedherein. At the same time, Defendants took from Plaintiffs and other borrowers billions of dollarsin interest payments and fees and generated billions of dollars in profits by selling their loans atinflated values.

II. Like a drug that requires ever-higher doses to yield the same high, the fraud reachedits zenith - or its nadir - when Countrywide systematically destroyed California home valuescounty-by-county and then State-wide.

12. Then, Defendants began to use their customers' most private information for an extra"edge." This use of private information violated the inalienable Constitutional rights accorded toall California citizens. Defendants' violations ranged from the disclosure of the most private andconfidential information of more than 2.4 million customers, to the outsourcing and sale ofhundreds of thousands of records to bolster their fraudulent scheme, disenfranchising Californiansof their Article I, 1 inalienable rights of privacy, that went far beyond the sale of PrivateInformation disclosed in the settlement ofthe Kentucky Class Action (defined below in Paragraph175 and described herein).

13. When Countrywide pooled the loans it originated, and sold them in secondarymortgage market transactions, Countrywide recorded gains on the sales. In 2005, Countrywidereported $451.6 million in pre-tax earnings from capital market sales; in 2006, it recognized

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$553.5 million in pre-tax earnings from that activity. But, after the liquidity crisis hit, in 2007 itrecognized a mere $14.9 million in pre-tax earnings from that activity and reported an overall pre-tax loss.

14. Since the time Plaintiffs filed the initial Complaint herein, Defendants' improper actshave continued, including, inter alia: (i) issuing Notices of Default in violation of Cal. Civil Code2923.5; (ii) misrepresenting their intention to arrange loan modifications for Plaintiffs, while infact creating abusive roadblocks to deprive Plaintiffs of their legal rights; and (iii) engaging inintrinsic fraud in this Court and in Kentucky by stalling in addressing Plaintiffs' legitimaterequests to cancel notices of default and for loan modifications, and by refusing to respond, in anyway, to Plaintiffs' privacy causes of action.

15. Plaintiff Kemp is indicative ofthe Defendants' initial fraud and continuing breaches.Mr. Kemp owned his home for years prior to ever hearing from Countrywide. In or about 2005,Mr. Kemp heard from Countrywide brokers and beards who are members of the group of DoeDefendants referred to herein as the "Granada Network" (which is further described below). Amember of the Granada Network presented Mr. Kemp with the proposition that their property hadhidden value and should be refinanced. Then, the Granada Network obtained comparableappraisals in the neighborhood also underwritten by Countrywide and used these falsely inflatedcomparables to support the inflated loan given to Mr. Kemp.

16. Another Plaintiff and his wife, who wish to remain anonymous, have had more than20-telephone calls with various departments of Defendants. In these discussions, Defendants toldPlaintiff and his wife that they would remain in their home and would be receiving loanmodification papers within a week. Plaintiff and his wife were told not to make mortgagepayments, and the arrcarages would be added to principal in the modification. Plaintiff and hiswife relied on this.

17. Through a period of frustrating and stressful telephone communications lasting morethan 8 months, Defendants transferred Plaintiff and his wife to numerous departments innumerous countries. Defendants never delivered the loan modification. Plaintiff and his wifefilled out dozens of pages of paperwork at the Defendants' direction, and complied with every

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instruction given by the Bank. Plaintiff and his wife told Defendants that this was causingenormous stress, because everybody in their community was being foreclosed and their propertyhad declined in value by 50%. Defendants brazenly told Plaintiff and his wife that Defendants"did not care" and Plaintiff and his wife should "grow up."

18. In early 2008, Plaintiff's wife developed a virulent form of cancer and Plaintiff toldthe Defendants to please complete what it had promised. Defendants never did so. Plaintiff'swife died of cancer and Plaintiff is now a widower. The Defendants now make four to sixdunning calls to Plaintiff per week. Plaintiff has been forced to quit his job and is on a fixedincome. While he can afford a mortgage, he cannot obtain any finality from the Defendants.This Plaintiff has no recourse other than through this lawsuit.

19. Plaintiff in example three, who wishes to remain anonymous, is a retired DeputySheriff and Court bailiff. He is on pension from the County Sheriff Department. Plaintiff is a 62-year old man who planned on enjoying his retirement. Unfortunately, he entered his late years asa widower. His wife died of cancer 11 years ago. For two years, at Defendants' direction,Plaintiff has submitted information to at least 21 different "consultants" designated by Defendant.Plaintiff has also asked for a copy of his loan file, however, Defendants told him their files areconfidential and he may not see his loan file. Plaintiff was told that, because of his good pensionand regular fixed income, his would be an easy resolution. However, over the past two years,Plaintiff has received and made more than 139 documented calls with the Defendants.

20. As time progressed, this retired Sheriff became extremely stressed and he beganseeing the symptoms of the stress. The retired Sheriffs doctors advised him to abandon the homeand stop dealing with the Defendants due to the stress it was causing him. Plaintiff did not listento his doctor's advice because he believed in "the system" and believed in "Defendants." Withinthe past four months, Defendants have made constant dunning calls to Plaintiff and his level ofstress has increased dramatically. In May, 2010, Plaintiff had a myocardial infarction (a seriousform of heart attack) and was rushed to the hospital. While in the hospital, he was placed on lifesupport and given a small chance of surviving. After three grueling surgeries, Plaintiff wasblessed to be given the gift of life and he returned to his home.

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21. Upon first re-entering his home from the hospital, the telephone rang. Itwas the

"East Coast" offices of Defendants demanding payment. Plaintiff told them about his heartattack, about his life support, and about his surgeries. He explained that his income was fixed, hispension a good one, and he would like to finally complete the long promised modification. TheDefendants had four people on the telephone and they explained that they were calling him "notto modify his loan or to bring [him] current, but to collect a debt." These four people toldPlaintiff they did not want to hear his "sob story" and he would lose his home ifhe did not "payup."

22. This Plaintiff was instructed by his physician to leave the property. He has rented aproperty one block from his home, which home is now vacant. Plaintiff intends to apply to thisCourt for injunctive relief so he can retake possession of his home. The reason is simple:Defendants have now found him at his rented residence and they are now making dunning callsto him there. Under Section 580d of the California Civil Code, Defendants cannot collect adeficiency against this retired Sheriff and Court bailiff. The calls they are making are intended todeflect from the important facts: What is in this Plaintiffs loan file?

23. The foregoing even to this day benefits the very people who were behind theCountrywide fraud. For example, Stanford Kerlund, former president of Countrywide, leftCountrywide as the scheme was accelerating in late 2006. He then formed PennyMac, his currentbusiness. PennyMac buys up the mortgages on which Plaintiffs and other Countrywideborrowers defaulted at pennies on the dollar, repackages the mortgages and sells them for a profit,thereby adding continued injury and profit to the original scheme. PennyMac's business issupported and sanctioned by the Defendants herein.

24. Defendants have gone to great lengths to avoid producing documents in this litigationbecause they know that such documents will establish all details of the massive fraud theyperpetrated on Plaintiffs and other Californians. PennyMac, the Granada Network andDefendants' overseas operations are used by Defendants to systematically hide documents. Bydelaying production of documents, the Defendants are buying time as they (a) accept the benefits

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29. Plaintiff DAVID BEAUBIEN is an individual residing in the State of California, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

30. Plaintiff LYNN KIMBERLEY is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31,2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

31. Plaintiff PETER KREUZER is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January I, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

32. Plaintiff ROGER FENSTERMACHER is an individual residing in the State ofCalifornia, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1,2003 and December 31,2007, secured by a deed of trust on his California real estate.At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

33. Plaintiff DENNIS KEMP is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

34. Plaintiff JOSEPH CINA is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times material

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hereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

35. Plaintiff EVELYN IRVING is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

36. PlaintiffDANILO LUQUIAS is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

37. Plaintiff BRUNO MARTINEZ is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January I, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

38. Plaintiff BERTHA CREVOLIN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31,2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

39. Plaintiff RONNIE CREVOLIN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

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A O . Plaintiff PAUL JACKSON is an individual residing in the State of California, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1 , 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

41. Plaintiff HILARY JACKSON is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed oftrust on her California real estate. At all times materialhereto', Countrywide has acted as Servicer or some other control capacity over processing theloan.

42. Plaintiff JON OXIDINE is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1 , 2003 andDecember 31,2007, secured by a deed of trust on his California real estate At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

43. Plaintiff JOHN KEALEY is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

44. Plaintiff LOURDES FONTZ is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

45. PlaintiffWA YNE FONTZ is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate At all times material

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46. Plaintiff CRANFORD L. SCOTT is an individual residing in the State of California,who received a mortgage from Countrywide on his real estate in California in 2004.

47. Plaintiff SHEILA SCOTT is an individual residing in the State of California, whoreceived a mortgage from Countrywide on his real estate in California in 2004.

48. Plaintiff COURTNEY SCOTT is an individual residing in the State of California,who received a mortgage from Countrywide on his real estate in California in 2004.

49. Plaintiff PAUL SmORO is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

50. Plaintiff MICHELLE NUNIES is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

51. Plaintiff KEVIN WALKER is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

52. Plaintiff JILL WALKER is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

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53. Plaintiff CARY CRUZ is an individual residing in the State of California, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

54. Plaintiff JOHN MACIAS is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

55. Plaintiff VIRGINIA ROTRAMEL is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

56. Plaintiff RONNIE VAN GREEN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31,2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

57. Plaintiff SALVADOR HUIZAR is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

58. Plaintiff DAVID MEDLIN is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times material

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59. Plaintiff Efrl'I'Ha, C. RESTAURO is an individual residing in the State of Cali fomi a,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31,2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

60. PlaintiffDA VID FAULHABER is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

61. Plaintiff OSCAR GONZALEZ is an individual residing in the State of Cali fomi a,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

62. Plaintiff MICHAEL AKIN is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

63. Plaintiff JOANNA SINGH is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

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64. Plaintiff JACK LEFLER is an individual residing in the State of California, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

65. Plaintiff ELIAS VIEYRA is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

66. Plaintiff STEVEN GUMIENNY is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

67. Plaintiff LAURIE MARINO is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

68. Plaintiff JOHNNY MARIE TORRES is an individual residing in the State ofCalifornia, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary I, 2003 and December 31, 2007, secured by a deed of trust on his California real estate.At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

69. Plaintiff JOSEPH GOMEZ is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed oftrust on his California real estate. At all times material

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70. Plaintiff JAMES SALONDAKA is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

71. Plaintiff GUILLERMO SANCHEZ is an individual residing in the State ofCalifornia, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1,2003 and December 31, 2007, secured by a deed of trust on his California real estate.At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

72. Plaintiff SUSAN FRANCO is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

73. Plaintiff CURTIS DAVIDSON is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

74. Plaintiff ANTHONY GOLDEN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

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75. Plaintiff JOSEPH SANTOS is an individual residing in the State of California, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

76. Plaintiff CHARLEY SMITH is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

77. Plaintiff VALERY BUBELA is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At a l l times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

78. Plaintiff NOEL OLIVARES is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

79. Plaintiff JESSE JOHNSON is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

80. Plaintiff RAYMOND HILL is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January I, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times material

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81. Plaintiff PHILLIP GALERA is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

82. Plaintiff BASHEER MURAD is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

83. Plaintiff BARRY BOZARTH is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

84. Plaintiff RICHARD J. FOMIN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

85. Plaintiff SVETLANA TYSHKEVICH is an individual residing in the State ofCalifornia, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1, 2003 and December 31, 2007, secured by a deed of trust on his California real estate.At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

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86. Plaintiff KEVIN THOMPSON is an individual residing in the State of California,

who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

87. Plaintiff EDWARD LIZARDO is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

88. Plaintiff LINDA LIZARDO is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

89. Plaintiff DONALD REY is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

90. Plaintiff ZANE T. WALKER is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

91. Plaintiff NICOLE EDGECOMBE is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31,2007, secured by a deed of trust on her California real estate. At all times

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material hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

92. Plaintiff KENNETH EDGECOMBE is an individual residing in the State ofCalifornia, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1,2003 and December 31,2007, secured by a deed of trust on his California real estate.At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

93. Plaintiff ARNOLD BRIGMAN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed oftrust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

94. Plaintiff DEBORAH BRIGMAN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

95. Plaintiff BARBARA KIKUGAWA is an individual residing in the State ofCalifornia, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1, 2003 and December 31,2007, secured by a deed of trust on her California real estate.At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

96. Plaintiff FATTEMAH FADAKER is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

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97. Plaintiff ASHLEY JANE LARSEN is an individual residing in the State of

California, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1, 2003 and December 31, 2007, secured by a deed of trust on her California real estate.At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

98. Plaintiff CHRISTIAN LARSEN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

99. Plaintiff JOHN PHILLINGANE is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

100. Plaintiff JOSEPH BARTOLI is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

101. Plaintiff ROBERTA ALVEREZ is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

102. Plaintiff CARLOS CERVANTES is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all times

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. 103, Plaintiff TONY TURURICI is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate, At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

104. Plaintiff BENJAMIN GAMEZ is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January I, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted asServicer or some other control capacity overprocessing the loan.

105. Plaintiff ELISEO RAMOS is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed oftrust on his California real estate, At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

106. Plaintiff ANA VILMA GUANDIQUE CISNEROS is an individual residing in theState of California, who borrowed money from Countrywide or its subsidiaries or affiliatesbetween January 1, 2003 and December 31, 2007, secured by a deed of trust on her Californiareal estate. At all times material hereto, Countrywide has acted as Servicer or some other controlcapacity over processing the loan.

107. Plaintiff JAMES SHIPMAN is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan,

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108. Plaintiff LEZETTE FIELDER is an individual residing in the State of California, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

109. Plaintiff MICHAEL OWEN is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

110. Plaintiff MELISSA OWEN is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

111. Plaintiff ANTONIO ARCINAS is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

112. Plaintiff STEVEN QUICK is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

113. Plaintiff REBECCA QUICK is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31, 2007, secured by a deed of trust on her California real estate. At all times material

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114. Plaintiff RUSSEL HENDRICKS is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

115. Plaintiff LESLIE HENDRICKS is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

116. Plaintiff NANCY HELLER RILEY is an individual residing in the State ofCalifornia, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1,2003 and December 31, 2007, secured by a deed of trust on her California real estate.At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

117. Plaintiff SIMON SARKISIAN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

118. Plaintiff CARLOS DEMELO is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

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."119. Plaintiff SALLY DEMELO is an individual residing in the State of California, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

120. Plaintiff ARMANDO HINOJOSA is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

121. Plaintiff NICHOLAS ROB JONES is an individual residing in the State of Cali fomi awho borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

122. Plaintiff JASPAL KOCHAR is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1, 2003 and December 31, 2007,secured by a deed of trust on his real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

123. PlaintiffHARKRISHNAN SINGH KOCHAR is an individual who borrowed moneyfrom Countrywide or its subsidiaries or affiliates between January 1, 2003 and December 31,2007, secured by a deed of trust on her real estate. At all times material hereto, Countrywide hasacted as Servicer or some other control capacity over processing the loan.

124. Plaintiff LAUDEL YN GUTIERREZ is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1,2003 and December 31,2007,secured by a deed of trust on her real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

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125. Plaintiff ROWAN GUTIERREZ is an individual who borrowed money from

Countrywide or its subsidiaries or affiliates between January 1, 2003 and December 31,2007,secured by a deed of trust on her real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

126. Plaintiff CYNTHIA IRELAND is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1, 2003 and December 31, 2007;secured by a deed of trust on her real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

127. Plaintiff MARIA PANTOJ A is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1, 2003 and December 31, 2007,secured by a deed of trust on her real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

128. Plaintiff JOSE JAVIER PANTOJA is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1,2003 and December 31,2007,secured by a deed of trust on his real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

129.Plaintiff JULIET SICSIC is an individual who borrowed money from Countrywide orits subsidiaries or affiliates between January 1,2003 and December 31,2007, secured by a deedof trust on her real estate. At all times material hereto, Countrywide has acted as Servicer orsome other control capacity over processing the loan.

130. Plaintiff ASHMELLEY THERVIL is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1,2003 and December 31,2007,secured by a deed of trust on her real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

131. Plaintiff ELIZABETH MCCULLOUGH is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1, 2003 and December 31, 2007,secured by a deed of trust on her real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

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-- -------------------------------------------------------------------, 132. Plaintiff BAYAN I SIMPLICIANO is an individual who borrowed money from

Countrywide or its subsidiaries or affiliates between January 1, 2003 and December 31,2007,secured by a deed of trust on his real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

133. Plaintiff LORI BATMAN is an individual who borrowed money from Countrywideor its subsidiaries or affiliates between January 1,2003 and December 31,2007, secured by adeed of trust on her real estate. At all times material hereto, Countrywide has acted as Servicer orsome other control capacity over processing the loan.

134. Plaintiff KEVIN BATMAN is an individual who borrowed money from Countrywideor its subsidiaries or affiliates between January 1, 2003 and December 31,2007, secured by adeed of trust on his real estate. At all times material hereto, Countrywide has acted as Servicer orsome other control capacity over processing the loan.

135. Plaintiff HIROSHI NAKAYAMA is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

136. Plaintiff OSCAR NAVARRO is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

137. Plaintiff MARIA NAVARRO is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times material

chereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

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138. Plaintiff RAYMOND LEFEBVRE is an individual who borrowed money from

Countrywide or its subsidiaries or affiliates between January 1,2003 and December 31,2007,secured by a deed of trust on his real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

139. Plaintiff LISA LEFEBVRE is an individual who borrowed money from Countrywideor its subsidiaries or affiliates between January 1,2003 and December 31,2007, secured by adeed of trust on his real estate. At all times material hereto, Countrywide has acted as Servicer orsome other control capacity over processing the loan.

140. Plaintiff GEORGE BENNETT is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1, 2003 and December 31, 2007,secured by a deed of trust on his real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

141. Plaintiff AMANDA BENNETT is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1, 2003 and December 31, 2007,secured by a deed of trust on her real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

142. Plaintiff JEAN JOSEPH is an individual who borrowed money from Countrywide orits subsidiaries or affiliates between January 1, 2003 and December 31, 2007, secured by a deedof trust on his real estate. At all times material hereto, Countrywide has acted as Servicer or someother control capacity over processing the loan.

143. Plaintiff MARIE JOSEPH is an individual who borrowed money from Countrywideor its subsidiaries or affiliates between January 1, 2003 and December 31, 2007, secured by adeed of trust on her real estate. At all times material hereto, Countrywide has acted as Servicer orsome other control capacity over processing the loan.

144. Plaintiff LEONARD T. HERNANDEZ is an individual residing in the State ofCalifornia, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1, 2003 and December 31,2007, secured by a deed of trust on his California real estate.

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At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

145. Plaintiff MODJULITA A. HERNANDEZ is an individual residing in the State ofCalifornia, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1,2003 and December 31,2007, secured by a deed of trust on her California real estate.At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

146. Plaintiff WALTER WEISS is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto,' Countrywide has acted as Servicer or some other control capacity over processing theloan.

147.Plaintiff DIANE WEISS is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31, 2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

148. Plaintiff WILLIAM RABELLO is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

149. Plaintiff ALVIN BLAKE is an individual residing in the State of California, who'borrowed money from Countrywide or its subsidiaries or affiliates between January I, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan .

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150. PlaintiffTA WANA BLAKE is an individual residing in the State of California, who


151. Plaintiff BRETT HESKETT is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

152. Plaintiff RIZZA HESKETT is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

153. Plaintiff SHYAM SUNDER is an individual who borrowed money fromCountrywide or its subsidiaries or affiliates between January 1, 2003 and December 31, 2007,secured by a deed of trust on his real estate. At all times material hereto, Countrywide has actedas Servicer or some other control capacity over processing the loan.

154. Plaintiff VALLIUR NADU is an individual who borrowed money from Countrywideor its subsidiaries or affiliates between January 1,2003 and December 31, 2007, secured by adeed of trust on her real estate. At all times material hereto, Countrywide has acted as Servicer orsome other control capacity over processing the loan.

155.PlaintiffMELANDO ANTHONY MARTINEZ is an individual residing in the Stateof California, who borrowed money from Countrywide or its subsidiaries or affiliates betweenJanuary 1,2003 and December 31,2007, secured by a deed of trust on his California real estate,At all times material hereto, Countrywide has acted as Servicer or some other control capacityover processing the loan.

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156. Plaintiff MIKE MARTINEZ is an individual residing in the State of California, who

borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

157. Plaintiff HEATHER MAHONEY is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January I, 2003and December 31, 2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

158, PlaintiffSONIKA TINKER is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January I, 2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

159. Plaintiff DEBRA ANNEREIN is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31,2007, secured by a deed oftrust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

160. Plaintiff ADNAN TORLAK is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 and. December 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

161. Plaintiff DEBRA REIN is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times material

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162. Plaintiff ALFREDO HERRERA is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31, 2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

163. Plaintiff LORENA HERRERA is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31,2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

164. Plaintiff MARIA JIMENEZ is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31,2007, secured by a deed of trust on her California real estate.. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

165. PlaintiffDIONICO CORTEZ is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

166. Plaintiff DORA ALDRETE is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between january 1,2003 andDecember 31, 2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

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167. Plaintiff YOLINA LUQUIAS is an individual residing in the State of California, who


168. Plaintiff DON DECKER is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31, 2007, secured by a deed of trust on his California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

169. Plaintiff TAMMY DECKER is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

170. Plaintiff ROSE CHANG is an individual residing in the State of California, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

171. Plaintiff LANCE KENNISON is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003and December 31,2007, secured by a deed of trust on his California real estate. At all timesmaterial hereto, Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

172. Plaintiff GLORY KENNISON is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1 , 2003and December 31, 2007, secured by a deed of trust on her California real estate. At all times

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173. PlaintiffD' ANN FRIEND is an individual residing in the State of Cali fomi a, whoborrowed money from Countrywide or its subsidiaries or affiliates between January 1, 2003 andDecember 31,2007, secured by a deed of trust on her California real estate. At all times materialhereto, Countrywide has acted as Servicer or some other control capacity over processing theloan.

174. Plaintiff MATTHEW FRIEND is an individual residing in the State of California,who borrowed money from Countrywide or its subsidiaries or affiliates between January 1,2003and December 31, 2007, secured by a deed of trust on her California real estate. At all timesmaterial hereto; Countrywide has acted as Servicer or some other control capacity overprocessing the loan.

175. Plaintiffs 1 through 80 and PlaintiffYOLINA LUQUIAS have opted out of thesettlement of In Re Countrywide Financial Corp Customer Data Security Breach Litigation, CaseNo. 3:08-MD-01998 TBR (the "Kentucky Class Action"). Until such time that Plaintiffs' counselis placed on notice that other Plaintiffs have opted out of the Kentucky Class Action, Plaintiffs donot allege such. If the Kentucky Class Action settlement is finally approved and if it prohibitsother Plaintiffs from pursuing their privacy claims hereunder, at such time as proper notice isreceived of the foregoing facts, those Plaintiffs who have not opted out of the Kentucky ClassAction settlement will withdraw their claims under the Fourth Cause of Action.

176. The other Plaintiffs are similarly situated to Plaintiffs identified above in that theytoo borrowed money from the Countrywide Defendants (as defined below) between the datesbeginning on January 1, 2003 and ending on December 31, 2007, secured by deeds of trust ontheir California realty. Further, at all times material hereto, Countrywide Defendants have actedas Servicer or in another capacity with respect to loan processing. All of the foregoing securedreal estate loans made to Plaintiffs were wrongfully and fraudulently handled and processed byDefendants, resulting in damages.

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177. Plaintiffs' counsel is aware of and has provided services to the remaining unnamed

plaintiffs, each of whom has sustained actual injury. From time-to-time, Plaintiffs shall seekleave of Court to amend this Complaint to name these additional parties, or will follow such otherprocess as is prescribed by the Court.

178. Prior to 1983, Defendant BANK OF AMERICA CORPORA nON ("BofA")exclusively did business in California and has deep roots in California business and culture. Nowa Delaware corporation, BofA is currently a national bank with its principal place of business inCharlotte, North Carolina and doing business in the State of California and County of LosAngeles.

179. At all times material hereto, Defendant COUNTRYWIDE FINANCIALCORPORA nON ("Countrywide") was a Delaware corporation, or a division or subsidiary ofBofA, doing business in the State of Califomi a and County of Los Angeles. COUNTRYWIDEFINANCIAL CORPORATION now does business as BAC HOME LOANS SERVICING.

180. At all material times hereto, Defendant COUNTRYWIDE HOME LOANS, INC.was a New York corporation, or a division or subsidiary of BofA, doing business in the State ofCalifornia and County of Los Angeles.

181. Defendant RECON TRUST COMPANY is a wholly owned subsidiary of BofA thathas intentionally and maliciously concealed the true names of entities to which Plaintiffs' homeloans were transferred by other Countrywide Defendants. RECON TRUST COMPANY is one ofBofA's agents which acts as trustee under the deeds of trust securing real estate loans so as toforeclose on property securing the real estate loans held or serviced by BofA. The foregoing ispart of a scheme by which the Countrywide Defendants concealed the transferees of loans anddeeds of trust, inter alia in violation of California Civil Code 2923.5 and 15 U.S.c. 1641, asmore fully described herein.

182. Defendant CT REAL ESTATE SERVICES, INC. is a California corporation -corporation number C0570795 - and is a resident of Ventura County, California. Defendant CTREAL ESTATE SERVICES has acted alongside and in concert with BofA in carrying out theconcealment described herein and in continuing to conceal from Plaintiffs, from the California

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e egeneral public, and from regulators the details of the securitization and sale of deeds of trust andmortgages (including those of Plaintiffs herein) that would expose all Defendants herein toliability for sale of mortgages of California citizens - including all Plaintiffs herein - for morethan the actual value of the mortgage loans. The sale and particularly the undisclosed sale ofmortgage loans in excess of actual value violates California Civil Code, 1709 and 1710, andCalifornia Business and Professions Code 17200 et seq., 15 U.S.C. 1641 et seq. and otherapplicable laws.

183. Plaintiffs are informed and believe that the Granada Network consisted of at least 75companies that worked on the front lines for Mozillo and the Defendants to implementCountrywide's plan to "take over" a substantial portion of the California lending processcommunity-by-community, and eventually statewide. As Plaintiffs become aware of theidentities of additional members of the Granada Network through discovery, Plaintiffs will seekleave to amend this Complaint accordingly. All future Doe defendants in the Granada Networkare referred to herein as the "Granada Network."

184. All Defendants, except the Granada Network are sometimes herein referred to as the"Bank Defendants."

185. At all times material hereto, all Defendants operated through a common plan andscheme designed to conceal the material facts set forth below from Plaintiffs, from the Californiapublic and from regulators, either directly or as successors-in-interest for others of theDefendants. The concealment was completed, ratified and/or confirmed by each Defendantherein directly or as a successor-in-interest for another Defendant, and each Defendant performedthe tortious acts set forth herein for its own monetary gain and as a part of a common plandeveloped and carried out with the other Defendants, or as a successor-in-interest to a Defendantthat did the foregoing.

186. The true names and capacities of the Defendants listed herein as DOES 2 through1,000 are unknown to Plaintiffs who therefore sue these Defendants by such fictitious names.Each of the DOE Defendants was the agent or each of the other Defendants herein, named orunnamed, and thereby participated in all of the wrongdoing set forth herein. On information and

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belief, each such Defendant is responsible for the acts, events and concealment set forth hereinand is sued for that reason. Upon learning the true names and capacities of the DOE Defendants,Plaintiffs shall amend this Complaint accordingly.

187. BofA's public disclosures, as reflected in its filings with the SEC, make clear thatBofA considers itself both a common enterprise operating as a greater whole and withoutmeaningful distinctions as to its operating units, and the successor to Countrywide and itssubsidiaries. As stated in BofA's Annual Report on Form 10-K for the fiscal year endedDecember 31,2007 ("BofA 2007 IO-K"), "In August of2007, we made a $2.0 billion investmentin Countrywide Financial Corporation (Countrywide), the largest mortgage lender in the U.S....In January 2008, we announced a definitive agreement to purchase all outstanding shares ofCountrywide ... The acquisition would make us the nation's leading mortgage lender and loanservicer. BofA 2007 10-K, at 108 (emphasis supplied).

188. Thereafter, as stated in BofA's Quarterly Report on Form 10-Q for the quarterlyperiod ended June 30, 2008 ("BofA June 30, 2008 10-Q"), "On July 1, 200?, the Corporationacquired Countrywide through its merger with a subsidiary of the Corporation." BofA June 30,2008 10-Q at 11. Again, BofA boasts in the BofA June 30, 2008 1O-Qthat "The acquisition ofCountrywide significantly improved our mortgage originating and servicing capabilities, whilemaking us the nation's leading mortgage originator and servicer." BofA June 30, 2008 10-Q at49.

189. BofA further makes clear the commonality of its business enterprise with that ofCountrywide, and the greater whole of its various subsidiaries and operating units, by statingagain that "On July 1,2008, the Corporation acquired Countrywide ... creating the nation'slargest mortgage originator and servicer." BofA June 30, 2008 10-Q at 108.

190. Countrywide's remaining operations and employees have been transferred to Bank ofAmerica, and Bank of America ceased using the Countrywide name in April 2009. On July I,2008, a New York Stock Exchange Form 25 was utilized to deregister and delist Countrywide'scommon stock, and on July 22,2008 Countrywide filed Securities and Exchange Commission

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Form 15 deregistering its common stock under Section 12(b) of the Securities Exchange Act of1934, as amended.

191. Plaintiffs are informed and believe, and thereon allege, that: (i) BofA and its wholly-owned and controlled subsidiaries are liable for all wrongful acts of Countrywide prior to the datethereof as the successor-in-interest to Countrywide, (ii) BofA directly and through its subsidiariesand other agents sued herein as Does have continued the unlawful practices of Countrywide sinceOctober 31, 2007, including, without limitation thereof, writing fraudulent mortgages as set forthabove and concealing wrongful acts that occurred in whole or in part prior thereto, and (iii) BofAand its subsidiaries are jointly and severally liable as alter egos and as a single, greater unifiedwhole.

GENERAL FACTS192, The common facts herein include those facts set forth above in the prior sections of

this Complaint.193. Under California Civil Code 1709 it is unlawful to willfully deceive another "with

intent to induce him to alter his position to his injury or risk."194. Under California Civil Code 1710, it a "deceit" to do anyone or more of the

following: (l) the suggestion, as a fact, of that which is not true, by one who does not believe it tobe true; (2) the assertion, as a fact, of that which is not true, by one who has no reasonable groundfor believing it to be true; (3) the suppression of a fact, by one who is bound to disclose it, or whogives information of other facts which are likely to mislead for want of communication of thatfact; or, (4) a promise, made without any intention ofperfonning it.

195. Under California Civil Code 1572, the party to a contract further engages in fraudby committing "any' other act fitted to deceive."

196. At the time of entering into the notes and deeds of trust referenced herein withrespect to each Plaintiff, the Countrywide Defendants were bound and obligated to fully andaccurately disclose:

a. Who the true lender and mortgagee were.

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