Efiled - Complaint #1&2&3

Complaint/DALTON etal v. Citi etal-1

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Robert R. Hager, NV State Bar No. 1482 Treva J. Hearne, NV State Bar No. 4450 HAGER & HEARNE 245 E. Liberty - Suite 110 Reno, Nevada 89501 Tel: (775) 329-5811 Fax: (775) 329-5819 Email: [email protected] [email protected] [email protected] Counsel for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

LACY J. DALTON (aka JILL L. ANDERSON), NELLIE AGUILAR and ZENAIDO JACINTO, DEAN ANDERSON, EMILY ANDREWS, JOSE AURELIO APOLINAR, JESUS L. AREVALO, RICHARD AUFIERO and SYLVIA T. AUFIERO, CHRISTOPHER L BALLENGEE and SAMANTHA P. ANDERSON, RICHARD BEAUCHEMIN and LESLIE BEAUCHEMIN, PETER M. BEEKHOFF, JAMES V. BELL, JUSTIN BENNETT and NANCY E. BENNETT, VALERIE R. BRANCA, RAMIRO M. BRENES and AURELIO APOLINAR-LOPEZ, BETTY J. BURSON, KAREN L. CELONE, HARRY R. COUSINS, DAVID DOUGLAS DAHL and KAY DAHL, CHARLES A. DIMINO and KIMBERLY A. DIMINO, DIMITRI O. DINTCHEV, MICHAEL T. EPPS, DARRYL J. FEEMSTER and VIVIAN M. FEEMSTER, CASIMIRO JIMENEZ GRANADOS, JONI ANN HAMMITT (aka JONI ANN KROPF), GARY W. HEMBREE and CHARLENE E. HEMBREE, DAVID HUTLER, NEIL M. JOHNSON, HOLLY A. KINNEY, JAMES M. KOSCHELLA and TERESA R. KOSCHELLA, MARIA R. LEONARD, JENNIFER LOPEZ (aka JENNIFER MENDOZA), JOHN V.LYNCH and RONICA LYNCH, JAMI D. MCHENRY and STEVEN WALLACE, BRIAN MCKAY and LAWRENCE D.

Case No.:

CLASS ACTION COMPLAINT

AND JURY DEMAND

1. Wrongful Foreclosure 2. Unjust Enrichment 3. Conspiracy to Commit

Wrongful Foreclosure by Creation, Operation, and Use of the MERS System

4. Conspiracy to Commit Fraud

by Creation, Operation and Use of the MERS System

5. Injunctive Relief 6. Declaratory Relief

Case 3:09-cv-00534 Document 1 Filed 09/14/2009 Page 1 of 40

mailto:[email protected]�


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McKAY, MICHAEL MCKEON, WILFREDO G. MARIANO and AGNES MARIANO, JOHN MASON and BIANCA MASON, GILBERT J. MENDOZA and GABRIELA T. MENDOZA, JEAN MERKELBACH, CHRISTOPHER L. NELSON, GARY A. NEWTON, PAMELA PENNY (aka PAMELA RUTHERFORD) and PHIL RUTHERFORD, NORMA PIZZUTO and DARREN DISMUKE, WOJCIECH POLANSKI and MARIOLA POLANSKI, RANDALL H. REES and JUNE ANN REES, CHARISE K. ROBERTS and TODD C. ROBERTS, NIGEL RUDLIN, EFRAIN DELAROSA SALDANA, ANTONIO SERVIDIO, SALLY SERVIDIO, JASWINDER SINGH and VARINDER KAUR, KIP M. THOMPSON, HELEN T. THOMPSON and GABRIELLE C. THOMPSON (aka GABRIELLE C. MCELROY), DIMITRITZA TOROMANOVA, LENORA M. VAETH and JOSEPH T. VAETH, LAURO C. VIZCARRA and YESENIA VIZCARRA, Plaintiffs,

vs. CITIMORTGAGE, INC. MERSCORP, INC., a Virginia corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, Inc., a Delaware corporation; AIG UNITED GUARANTY CORPORATION a foreign corporation, AMERICAN HOME MORTGAGE SERVICING, INC. AURORA LOAN SERVICES, LLC dba AURORA HOME LOANS or AURORA HOME MORTGAGE or AURORA LOAN SERVICES, AZTEC FORECLOSURE CORPORATION, BANK OF AMERICA, NA and BANK OF AMERICA doing business as LASALLE BANK AS TRUSTEE FOR WASHINGTON MUTUAL MORTGAGE PASS-THROUGH CERTIFICATES WMALT SERIES 2006-AR5 TRUST, CALIFORNIA RECONVEYANCE COMPANY, CAL-WESTERN RECONVEYANCE COMPANY CENTRAL MORTAGE COMPANY,



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J.P. MORGAN CHASE dba CHASE BANK, CHASE HOME FINANCE, LLC., CHASE MORTGAGE, COUNTRYWIDE HOME LOANS, INC., CR TITLE SERVICES, INC., EMC CORPORATION dba EMC MORTGAGE CORP., EXECUTIVE TRUSTEES SERVICES, INC., FEDERAL HOME LOAN MORTGAGE CORPORATION, a Virginia corporation; FEDERAL NATIONAL MORTGAGE ASSOCIATION, a District of Columbia corporation, FIRST FRANKLIN LOAN SERVICES, FIRST HORIZON HOME LOAN CORPORATION, MET LIFE GROUP, INC. QUALITY LOAN SERVICE CORP., GE MONEY BANK, an Ohio corporation, GMAC MORTGAGE, L.L.C., a Delaware corporation, aka GMAC MORTGAGE, CORPORATION and GMAC, HSBC MORTGAGE CORPORATION, U.S.A., a Delaware corporation or HSBC BANK USA, LANDMARK ONESTOP, INC., aka LAND AMERICA DEFAULT SERVICES, MIDLAND MORTGAGE CO., NATIONAL CITY MORTGAGE, a foreign company and a division of NATIONAL CITY BANK, a subsidiary of National City Corporation, NATIONAL CITY CORPORATION, a Delaware corporation and a subsidiary of PNC Financial Services, Inc., NATIONAL DEFAULT SERVICING CORPORATION, OPTION ONE MORTGAGE CORPORATION, PNC FINANCIAL SERVICES, INC., a Pennsylvania corporation, QUALITY LOAN SERVICE CORPORATION, RECONTRUST COMPANY, SAXON MORTGAGE CORPORATION, SUNTRUST MORTGAGE, T.D. SERVICE CORPORATION, THE COOPER CASTLE LAW FIRM, LLP, fka THE COOPER CHRISTENSEN LAW FIRM, LLP., DEUTSCH BANK NATIONAL TRUST COMPANY, AMERICAN BROKER’S CONDUIT, AMERICA’S HOME SERVICING, HOMECOMINGS FINANCIAL, THE BANK OF NEW YORK MELLON dba THE BANK OF NEW YORK, , and WELLS FARGO BANK, N.A., a California corporation, dba WELLS FARGO HOME EQUITY and dba WELLS FARGO HOME MORTGAGE, a division of WELLS FARGO BANK, N.A., a California corporation;



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Defendants. Plaintiffs PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO JIMENEZ-

GRANADOS, GARY W. and CHARLENE E. HEMBREE, JAMI D. MCHENRY and

STEVEN W. WALLACE, GILBERTO J. MENDOZA AND GABRIELLE MENDOZA,

PAMELA PENNY (aka PAMELA RUTHERFORD) and ANTONIO SERVIDIO,

(hereinafter “REO Plaintiffs”), individually and on behalf of a class of similarly situated

individuals whose homes have been foreclosed upon and purchased by the defendant

banks with the Defendant banks presently alleging to own the properties based upon

Deeds purportedly reflecting the acquisition of those titles due to foreclosure sales on

MERS Deeds of Trust; and Plaintiffs LACY J. DALTON (aka JILL L. ANDERSON),

NELLIE AGUILAR and ZENAIDO JACINTO, DEAN ANDERSON, EMILY ANDREWS,

JOSE AURELIO APOLINAR, JESUS L. AREVALO, RICHARD AUFIERO AND SYLVIA T.

AUFIERO, CHRISTOPHER L BALLENGEE and SAMANTHA P. ANDERSON, RICHARD

and LESLIE BEAUCHEMIN, PETER M. BEEKHOFF, JAMES V. BELL, JUSTIN and

NANCY E. BENNETT, RAMIRO M. BRENES and AURELIO APOLINAR-LOPEZ, BETTY

J. BURSON, KAREN L. CELONE, HARRY R. COUSINS, DAVID DOUGLAS and KAY

DAHL, CHARLES A. and KIMBERLY A. DIMINO, DIMITRI O. DINTCHEV, MICHAEL

T. EPPS, DARRYL J. and VIVIAN M. FEEMSTER, JONI ANN HAMMITT (aka JONI ANN

KROPF), GARY W. HEMBREE and CHARLENE E. HEMBREE, DAVID HUTLER, NEIL

M. JOHNSON, HOLLY A. KINNEY, JAMES M. and TERESA R. KOSCHELLA, MARIA R.

LEONARD, JENNIFER LOPEZ, (aka JENNIFER MENDOZA), JOHN V. and RONICA

LYNCH, BRIAN and LAWRENCE D. McKAY, MICHAEL MCKEON, WILFREDO G. and

AGNES MARIANO, JOHN and BIANCA MASON, JEAN MERKELBACH and CHAD

SMITTKAMP, CHRISTOPHER L. NELSON, GARY A. NEWTON, PAMELA PENNY (aka



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PAMELA RUTHERFORD) and PHIL RUTHERFORD, NORMA PIZZUTO and DARREN

DISMUKE, WOJCIECH and MARIOLA POLANSKI, RANDALL H. and JUNE ANN REES,

CHARISE K. and TODD C. ROBERTS, NIGEL RUDLIN, EFRAIN DELAROSA SALDANA,

ANTONIO SERVIDIO, SALLY SERVIDIO, JASWINDER SINGH and VARINDER KAUR,

KIM M. THOMPSON, HELEN T. THOMPSON and GABRIELLE C. THOMPSON (aka

GABRIELLE C. MCELROY), DIMITRITZA TOROMANOVA, LENORA M. and JOSEPH T.

VAETH, LAURO C. and YESENIA VIZCARRA, individually and on behalf of a class of

similarly situated individuals who are at imminent risk of the loss of their homes due to

foreclosure by Defendants and/or who seek a temporary restraining order and

preliminary injunction against Defendants to prevent the imminent foreclosures and sales

of their homes by Defendants, through their counsel, Robert R. Hager and Treva J.

Hearne, allege as follows:

This case arises because the Plaintiffs were the victims of unlawful and wrongful

foreclosures and/or an underlying conspiracy to commit fraud that resulted in

foreclosures by the Defendants on the Plaintiffs’ homes or, the Defendants are threatening

in the near future to foreclose on the homes of the Plaintiffs. These foreclosures were, and

are, based upon a deed of trust and a note in each mortgage that are no longer held by the

same entity or party and are based upon deeds of trust that were flawed at the date of

origination of the loan because the Mortgage Electronic Registration Service (MERS) was

named as the beneficiary or nominee of the lender on the deeds of trust and because the

naming of MERS as the beneficiary was done for the purpose of harming the borrower.

The beneficiaries were never intended to be the lenders and now the servicer bank

Defendants declared the default on these loans even though the true beneficiaries have

STATEMENT OF THE CASE



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not declared a default and have no further interest in the notes and, finally, the

obligations reflected by the notes executed by Plaintiffs allegedly secured by the MERS

deeds of trust have been satisfied with the result that there exists no obligation on which

to base any foreclosure on the properties owned by the Plaintiffs and the members of the

class. Defendants have attempted to foreclose and have actually foreclosed when they do

not have a lawful right to foreclose.

The bank REO Plaintiffs have been subjected to unlawful and wrongful foreclosure

of their residential properties and bring this action for emergency injunctive relief,

damages and other claims for relief in order to enjoin the Defendants who purport to have

acquired title at foreclosure sales on MERS and MERS member Deeds of Trust. Plaintiffs

who have been subjected to foreclosure seek damages for the known unlawful foreclosures

by Defendants on those fraudulent Deeds of Trust and on obligations that have been

satisfied prior to the foreclosure actions by Defendants complained of herein. Other than

the REO Plaintiffs, the remainder of the Plaintiffs are at imminent risk of losing their

homes because either (1) one or more of the Defendants has served upon those Plaintiffs a

notice of default and election to sell the Plaintiffs’ properties or (2) the Plaintiffs are

alleged by one or more Defendants to be in default and subject to foreclosure and loss of

their homes, and those Plaintiffs hereby seek emergency injunctive relief and damages.

Plaintiffs bring this action on behalf of themselves and all other persons similarly situated

whose homes have been fraudulently and/or unlawfully foreclosed upon by Defendants

on MERS and MERS Deeds of Trust and/or on obligations that were satisfied, each such

foreclosure having been commenced and advanced in furtherance of the conspiracy

pursuant to which every Defendant herein aided and abetted, and/or participated with

and/or conspired with the other named Defendants in the wrongful course of conduct or



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otherwise caused the damages and injuries claimed herein and are responsible in some

manner for the acts, occurrences and events alleged in this Complaint.

1. This Court has jurisdiction pursuant to 28 U.S.C. § 1332 based on diversity

of citizenship, as Plaintiffs are residents of the State of Nevada; upon information and

belief, each and every Defendant is a foreign corporation; and because this matter is a

class action with claims having a value in excess of $5,000,000.00.

JURISDICTION

2. This Court has pendent jurisdiction over Plaintiffs’ state law claims pursuant

to 28 U.S.C. § 1367.

3. Venue over this matter is appropriate in this Court pursuant to 28 U.S.C. §

1391(b). The acts complained of occurred, in substantial part, in the State of Nevada, the

properties subject to this action are situated in the State of Nevada in the Northern

Division and , in small part, the Southern Division of the District of Nevada, the owners of

the property reside in Nevada, and, at all relevant times material hereto, the Defendants

are or were doing business in Nevada.

4. Plaintiff, LACY JILL DALTON (f.k.a. Jill Croston Anderson) is a resident of

Storey County, Nevada. At all times relevant and material hereto, Plaintiff maintained

Plaintiff’s primary residence in Storey County, Nevada with the legal description of:

Parties and Standing

LOT 82, as shown on that certain Division of Land Map recorded August 1, 1978, as Document No. 42452, Official Records of Storey County, State of Nevada, and as shown upon that certain Record of Survey Map recorded on October 24, 1978, as Document No. 42925, Official Records of Storey County, Nevada, commonly referred to as Highland Ranches.

APN: 003-451-30

Plaintiff’s primary residence as described above is commonly referred to and located at

820 Cartwright Road, Reno, Nevada.



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5. Plaintiffs, NELLIE AGUILAR and ZENAIDO AGUILAR JACINTO, are

residents of Washoe County, Nevada. At all times relevant and material hereto, Plaintiffs

maintained Plaintiffs’ residential property in Washoe County, Nevada, with the legal

description of:

LOT 26 OF SILVERADA SUBDIVISION NO. 1, RENO, NEVADA, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON JUNE 16, 1960, AS TRACT MAP NO. 650.

APN: 008-141-14 Plaintiffs’ residential property as described above is commonly referred to and located at

1895 East 10th Street, Reno, Nevada.

6. Plaintiff, DEAN ANDERSON, is a resident of Lyon County, Nevada.

At all times relevant and material hereto, Plaintiff maintained Plaintiff’s real property in

LYON County, Nevada with the legal description that only included the APN of: 02-0981-

08. Plaintiff’s real property as described above is commonly referred to and located at 810

SUNNY LANE, FERNLEY, NEVADA.

At all times relevant and material hereto, Plaintiff Anderson maintained

other properties as follows:

(a) Real property in LYON County, Nevada with the legal description that

included only: APN: 20-982-16. Plaintiff’s real property as described above is commonly

referred to and located at 865 SUNNY LANE, FERNLEY, NEVADA.

(b) Real property in LYON County, Nevada with the legal description that

consisted only of: APN: 20-982-17Plaintiff’s real property as described above is

commonly referred to and located at 835 SUNNY LANE, FERNLEY, NEVADA.



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(c) Real property in LYON County, Nevada with the legal description that

included only: APN: 20-982-19. Plaintiff’s real property as described above is commonly

referred to and located at 775 SUNNY LANE, FERNLEY, NEVADA.

7. Plaintiff, EMILY ANDREWS, A SINGLE WOMAN, is a resident of Lyon

County, Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s

primary residence in Lyon County, Nevada with the legal description of:

Lot 253, of Donner Trail Estates Phase VI, as shown on the Final Map for Donner Trail Estates Phase IV, V, VI, recorded in the Official Records of Lyon County, Nevada on September 20, 2001 as Document No. 266149 and on Certificate of Amendment recorded on December 6, 2001 as Document No. 269371

APN: 2081407 Plaintiff’s primary residence as described above is commonly referred to and located at

835 Stanton Lane, Fernley, Nevada.

8. Plaintiff, JOSE AURELIO APOLINAR, is a resident of Washoe County,

Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s

residential property in Washoe County, Nevada, for which no legal description was

attached to the Deed of Trust but for which the A.P.N. is 202-201-01. The Plaintiff’s

residential property as described above is commonly referred to and located at 5202

Simons Dr., Reno, Nevada.

9. Plaintiff, JESUS L. AREVALO, is a resident of Clark County, Nevada. At all

times relevant and material hereto, Plaintiff maintained Plaintiff’s primary residence in

Clark County, Nevada with the legal description of:

PARCEL I: LOT 71 OF GRAND TETON/VALLEY NW 80 R1 – 60 NO. 1, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 121 OF PLATS, PAGE 26, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA AND AMENDED BY CERTIFICATE OF AMENDMENT RECORDED JANUARY 14, 2005 IN BOOK 20040114 AS DOCUMENT NO. 04106 AND AMENDED BY CERTIFICATEE OF AMENDMENT RECORDED JUNE 16, 2005 IN BOOK 20050616 AS DOCUMENT NO. 0001448. PARCEL II: AN EASEMENT FOR



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INGRESS AND EGRESS OVER PRIVATE STREETS AND COMMON AREAS AS SHOWN AND DELINEATED ON SAID MAP.

APN: 124-07-412-071


4322 OASIS VALLEY AVE, NORTH LAS VEGAS, NEVADA.

10. Plaintiffs, RICHARD AUFIERO and SYLVIA T. AUFIERO, are residents of

Washoe County, Nevada. At all times relevant and material hereto, Plaintiff maintained

Plaintiff’s primary residence in Washoe County, Nevada with the legal description of:

LOT 313, OF SIERRA VISTA SUBDIVISION UNIT 3, ACCORDING TO THE MAP

THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON DECEMBER 22, 2000, AS FILE NO. 2509802, TRACT MAP NO. 3899. OFFICIAL RECORDS.

APN: 510-170-05

Plaintiffs’ primary residence as described above is commonly referred to and located at

6648 CHULA VISTA COURT, SPARKS, NEVADA.

11. Plaintiffs, CHRISTOPHER L BALLENGEE and SAMANTHA P ANDERSON,

are residents of Washoe County, Nevada. At all times relevant and material hereto,

Plaintiffs maintained Plaintiffs’ primary residence in Washoe Country, Nevada with the

legal description of: LOT 10-80 as shown on the Map of The Foothills at Wingfield, Village 10, New

Urban District, Tract Map No. 4640, filed in the office of the County Recorder of Washoe County, State of Nevada on April 21, 2006 as File No. 3377427 of Official Records.

APN: 526-533-06


7013 VOYAGE DRIVE, SPARKS, NEVADA.

12. Plaintiffs, RICHARD J. BEAUCHEMIN and LESLIE A. BEAUCHEMIN, are

residents of Storey County, Nevada. At all times relevant and material hereto, Plaintiffs



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maintained Plaintiffs’ primary residence in Storey County, Nevada with the legal

description of: LOT 322 ON THAT CERTAIN DIVISION OF LAND MAP RECORDED AUGUST 1, 1978, AS DOCUMENT NUMBER 42452, OFFICIAL RECORDS OF STOREY COUNTY, STATE OF NEVADA, AND AS SHOWN UPON THAT CERTAIN RECDORD OF SURVEY MAP, RECORDED ON OCTOBER 24, 1978, AS DOCUMENT NUMBER 42925, OFFICIAL RECORDS OF STOREY COUNTY, NEVADA, COMMONLY REFERRED TO AS HIGHLAND RANCHES.

APN: 00336118


3220 Cartwright Road, Virginia City Highlands, Nevada.

13. Plaintiff, PETER M BEEKHOFF JR., is a resident of Douglas County,

Nevada. Plaintiff has maintained three pieces of residential property as follows:

(a) Real property in Douglas County, Nevada with the legal description

of: LOT 21, IN BLOCK D, AS SET FORTH ON FINAL SUBDIVISION MAP NO. 1006-12 FOR CHICHESTER ESTATES, PHASE 12, FILED IN THE OFFICE OF THE COUNTY RECORDER OF DOUGLAS COUNTY, NEVADA AND RECORDED JANUARY 8, 2004 IN BOOK 0104, PAGE 2012, AS DOCUMENT NO. 601490.

APN: 1320-33-817-021

Plaintiff’s residential property as described above is commonly referred to

and located at 1377 BROOKE, Gardnerville, Nevada 89410.

(b) A Leasehold estate as created by that certain sublease dated June 8, 2007, made by and between WEST RIDGE HOMES, INC., A NEVADA CORPORATION, as Lessor, and PETER M. BEEKHOF, JR., AN UNMARRIED MAN, as Lessee, for the term and upon the term and conditions contained in said sublease recorded June 15, 2007, in Book 0607, Page 4870, as Document No. 703146, Official Records of Douglas County, Nevada, in and to the following:

Lot 133, as set forth on the Record of Survey for PINEVIEW DEVELOPMENT, UNIT NO. 5, filed for record in the office of the Douglas County Recorder on July 26, 2004, in Book 0704, Page 10502, as Document No. 619666.

APN: 1121-05-515-004



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Plaintiff’s residential property as described above is commonly referred to and located at

34 CONNER WAY, GARDNERVILLE, NEVADA.

(c ) Plaintiff’s primary residence in Douglas County, Nevada with the legal

description of:

LOT 21, IN BLOCK D, AS SET FORTH ON FINAL SUBDIVISION MAP NO. 1006-12 FOR CHICHESTER ESTATES, PHASE 12, FILED IN THE OFFICE OF THE COUNTY RECORDER OF COUGLAS COUNTY, NEVADA AND RECORDED JANUARY 8, 2004 IN BOOK 0104, PAGE 2012, AS DOCUMENT NO. 601490.

APN: 1320-32-801-029

Plaintiff’s residential property referred to and located at 1125 Mill St., Gardnerville,

Nevada.

14. Plaintiff, JAMES V. BELL, is a resident of Washoe County, Nevada. At all

times relevant and material hereto, Plaintiff maintained Plaintiff’s real property in

Washoe County, Nevada with the APN: 007-373-08. Plaintiff’s primary residence as

described above is commonly referred to and located at 523 WEST 11TH STREET, RENO,

NEVADA.

15. Plaintiffs, JOHN BENNET and NANCY E. BENNETT, are residents of

Washoe County, Nevada. At all times relevant and material hereto, Plaintiffs maintained

Plaintiffs’ primary residence in Washoe County, Nevada with the legal description of: Lot 14 as shown on the map of SIERRA MEADOWS SUBDIVISION UNIT NO. 7,

FILED IN THE OFFICE OF THE County Recorder of Washoe County, State of Nevada, on April 4, 1973.

APN: 036-11-18


705 Sageview Court, Sparks, Nevada.



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16. Plaintiff VALERIE BRANCA is a resident of California. Plaintiff has

maintained her residential property in Washoe County, Nevada, with a legal description

of:

PARCEL 1:

Lot 105-B of HAZELCREST NO.4, A DENSITY SUBDIVISION, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada on October 17, 1974, as file No. 344392, as Tract Map No. 1501.

PARCEL 2:

An undivided 1/128 interest in and to the common area of HAZELCREST NO. 4 DENSITY SUBDIVISION, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on October 17, 1974, as file No. 344392, as Tract Map No. 1501.

EXCEPTING AND RESERVING, a non-exclusive easement appurtenant to the adjoining unit for the maintenance of a party wall on or along the common boundary between said adjoining unit.

TOGETHER WITH the following appurtenant easements:

A. A non-exclusive easement for repair, ingress to and egress from the unit through the adjacent common area, and over and along that portion of common area described as private streets as shown on the map.

B. A non-exclusive easement burdening the adjoining unit for the maintenance of a party wall on or along the common boundary between the adjoining unit.

C. An exclusive easement to utilize that portion of the common area which is designated on the map as “limited use” by the owner of the adjacent unit to the exclusion of the owners of the other units.

APN: 086-471-58

Plaintiff’s residential property described herein is commonly referred to as: 12301 GREEN

MOUNTAIN STREET, RENO, Nevada.

17. Plaintiffs, AURELIO APOLINAR-LOPEZ and RAMIREO M. BRENES, are



description of:



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LOT 45 AS SHOWN ON THE MAP OF “GRAND SUMMIT SUBDIVISION” TRACT MAP NO. 4315, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON MARCH 4, 2004, AS FILE NO. 3002381 OF OFFICIAL RECORDS.

APN: 202-192-20.

The Plaintiffs’ residential property as described above is commonly referred to and located

at 1105 Silver Crest Circle, Reno, Nevada.

18. Plaintiff, BETTY J. BURSON, is a resident of Washoe County, Nevada. At all


Washoe County, Nevada, with the legal description of:

LOT 16 IN BLOCK G, OF SPRING CREEK SUBDIVISION-UNIT 2H, AS SHOWN ON THE OFFICIAL MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER WAHSOE COUNTY, STATE OF NEVADA ON OCTOBER 7, 1994, AS FILE NO. 1839681 AND TRACT MAP NO. 3087.

APN: 083-872-09 Plaintiffs’ primary residence as described above is commonly referred to and located at

710 Blue Skies Drive, Sparks, Nevada.

19. Plaintiff, KAREN L CELONE, is a resident of Washoe County, Nevada.

At all times relevant and material hereto, Plaintiff maintained Plaintiff’s residential

property in Washoe County, Nevada with the legal description of:

LOT 301 BLOCK A OF SADDLEHORN SUBDIVISION UNIT 3, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON AUGUST 30, 1990, AS FILE NO. 1423822, OFFICIAL RECORDS, AS TRACT NO. 2720. TAX ID: 150-201-12

APN: 150-201-12

Plaintiff’s real property as described above is commonly referred to and located at 14155

QUIET MEADOW CT., RENO, NEVADA.

20. Plaintiff, HARRY R. COUSINS, is a resident of Washoe County, Nevada. At

all times relevant and material hereto, Plaintiff maintained Plaintiff’s real property in

Washoe County, Nevada with the legal description of:



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Lot 23, of COUNTRY CLUB HEIGHTS, Washoe County, Nevada, according to the official map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on May 14, 1936, and more particularly described as follows: The true point of beginning being the Northwest corner of Lot 23, said corner being located along the Southerly side line of West Plumb Lane and further described as being South 89*18’ West, a distance of 313.02 feet from the Northwest corner of Lot 1, COUNTRY CLUB HEIGHTS; thence North 89*19’ East 49 feet to a point on the Westerly side line of Phillips St.; thence South a distance of 22.59 feet to a point of tangency of a 15 foot radius curve thence from a bearing running due North said curve runs to the left for a length of 23.38 feet, through a central angle of 89*19’ West, a distance of 34.18 feet to a point; thence North 7.77 feet to the true point of beginning. Situate in the Northeast ¼ of the Northwest ¼ of Section 23, Township 19 North, Range 19 East, M.D.B.&M., as granted to the City of Reno, a municipal corporation, recorded November 2, 1964, in Book 34, Page 390.

APN: 019-022-22


700 West Plumb Lane, Reno, Nevada.

21. Plaintiffs, DAVID DOUGLAS DAHL & KAY DAHL, are residents of Washoe

County, Nevada. At all times relevant and material hereto, Plaintiffs maintained property

as follows:

(a) Residential property in Washoe County, Nevada with the legal description

of:

LOT 27 OF HARBOUR COVE SUBDIVISION, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON JUNE 8, 2001, AS DOCUMENT NO. 2562095 OF OFFICIAL RECORDS, AND AS TRACT MAP NO. 3960.

APN: 037-342-08


1154 HARBOUR COVE COURT, SPARKS, Nevada.

(b) Residential property in Washoe County, Nevada with the legal description

of:

LOT 26 OF HARBOUR COVE SUBDIVISION, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE



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COUNTY, STATE OF NEVADA, ON JUNE 8, 2001, AS DOCUMENT NO. 2562095 OF OFFICIAL RECORDS, AND AS TRACT MAP NO. 3960.

APN: 037-342-09

Plaintiff’s property as described above is commonly referred to and located at 1152

HARBOUR COVE COURT, SPARKS, Nevada.

(c) Residential property in Washoe County, Nevada with the APN: 037-341-27.

Plaintiff’s property as described above is commonly referred to and located at 1199

HARBOUR COVE COURT, SPARKS, Nevada.

22. Plaintiffs, KIMBERLEY A. DIMINO and CHARLES A. DIMINO, are


maintained Plaintiffs’ primary residence in Washoe County, Nevada with the legal

description of:

LOT 22 of Harbour Cove Subdivision, according to the map thereof, filed in the office of the County Recorder of Washoe County, state of Nevada on June 8, 2001 as document no. 2562095 of official records and as tract map no. 3960.

APN: 037-342-13


1142 HARBOUR COVE COURT, SPARKS, NEVADA.

23. Plaintiff, DIMITRE O. DINTCHEV, is a resident of Washoe County, Nevada.

At all times relevant and material hereto, Plaintiff maintained Plaintiff’s primary

residence in Washoe County, Nevada with the only legal description attached to the deed

of trust as APN: 204-702-01. Plaintiff’s primary residence as described above is

commonly referred to and located at 6401 PEAVINE HILLS AVENUE, RENO, NEVADA.

24. Plaintiff, MICHAEL T. EPPS, is a resident of Douglas County, Nevada. At all

times relevant and material hereto, Plaintiff maintained Plaintiff’s primary residence

where his daughter presently resides in Douglas County, Nevada with the legal description

of:



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LOT 10, AS SHOWN ON THE MAP OF GARDNERVILLE RANCHOS UNIT NO. 2, FILED IN THE OFFICE OF THE DOUGLAS COUNTY RECORDER, STATE OF NEVADA, ON JUNE 1, 1965, AS DOCUMENT NO. 28309, AND ON JUNE 4, 1965, AS DOCUMENT NO. 28377.

APN: 1220-15-110-086

Plaintiff’s primary residence as described above is commonly referred to and

located at 946 DRESSLERVILLE ROAD, GARDNERVILLE, NEVADA.

25. Plaintiffs, DARREL J. and VIVIAN M. FEEMSTER, are

residents of Washoe County. At all times relevant and material hereto,

Plaintiffs maintained residential property in Washoe County, Nevada with

the legal description of:

BEING LOT 15, IN BLOCK 3, OF STERLING VILLAGE, RENO, WASHOE COUNTY, NEVADA, ACCORDING TO THE MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDED OF WASHOE COUNTY, STATE OF NEVADA, ON NOVEMBER 22, 1948.

A.P.N. 008-01-215.

Plaintiffs’ residential property as described above is commonly referred to

and located at 680 Winston Drive, Reno, Nevada.

26. Plaintiff, CASIMIRO JIMENEZ GRANADOS, is a resident of Washoe County, Nevada. At all times relevant and material hereto, the Plaintiff maintained residential property with the legal description of:

Lot 5 in Block 10 of HILLBORO SUBDIVISION NO. 2., according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on May 21, 1956, as Tract Map No. 534.

APN: 008-052-05


1580 Trainer Way, Reno, Nevada.



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27. Plaintiff, JONI ANN HAMMITT, is a resident of Washoe

County, Nevada. At all times relevant and material hereto, Plaintiff

maintained residential property in Washoe County, Nevada with the legal

description of:

LOT 55, OF “NORTHSTAR RANCH PHASE I,” ACCORDING TO THE OFFICIAL MAP THEREOF, FILED IN THE OFFICE OF THE RECORDER OF WASHOE COUNTY, NEVADA, ON DECEMBER 10, 2004, AS DOCUMENT NO. 3140621, TRACT NO. 4424.

A.P.N. 502-371-02

Plaintiff’s residential property as described above is commonly referred to as

7830 Opal Station Drive, Reno, Nevada.

28. Plaintiffs, GARY W. HEMBREE AND CHARLENE E. HEMBREE, are

residents of Carson City, Nevada. At all times relevant and material hereto, Plaintiffs

maintained Plaintiffs’ real properties as follows:

(a) Real property in Churchill County, Nevada with the legal description as

follows:

Lot 6 of the Raven’s Nest Subdivision Map, Unit No. 1, recorded September 3, 2002, under Document No. 345927, Official Records, Churchill County, Nevada

APN: 1-641-23

Plaintiffs’ residential property as described above is commonly referred to and located at

644, 646, 648 & 650 LESLIE COURT, FALLON, NEVADA.

(b) Real property in Churchill County, Nevada with the legal description of:

Lot 9 of the Raven’s Nest Subdivision Map, Unit No. 1, recorded September 3, 2002, under Document No. 345927, Official Records, Churchill County, Nevada.

APN: 1-641-26.



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Plaintiff’s residential property as described above is commonly referred to and

located at 680, 682, 684 & 686 LESLIE COURT, FALLON, NEVADA.

(c) Real property in Lyon County, Nevada with the legal description only

including: APN: 020-983-05. Plaintiffs’ real property as described above is commonly

referred to and located at 605 STARLITE DRIVE, FERNLEY, NEVADA.

(d) Real property in Lyon County, Nevada with the legal description that

includes only: APN: 020-982-08. Plaintiffs’ real property as described above is

commonly referred to and located at 670 STARLITE DRIVE, FERNLEY, NEVADA.

(e) Real property in Lyon County, Nevada with the only legal description

attached as: APN: 020-982-10. Plaintiffs’ real property as described above is commonly


(f) Real property in Lyon County, Nevada with only a legal description that

included: APN: 020-983-04. Plaintiffs’ real property as described above is commonly


(g) Real property in Lyon County, Nevada with the legal description of:

LOT 12, AS SHOWN ON THE FINAL MAP FOR COUNTRY VILLAGE PHASE 2 RECORDED IN THE OFFICIAL RECORDS OF LYON COUNTY, NEVADA ON OCTOBER 2, 2003 AS DOCUMENT NO. 305500.

APN: 020-982-07

Plaintiffs’ real property as described above is commonly referred to and located at 640

STARLITE DRIVE, FERNLEY, NEVADA.

(h) Real property in Churchill County, Nevada with the only legal description of

the property as APN: 001-641-18. Plaintiffs’ real property as described above is

commonly referred to and located at 691, 693, 695, 697 LESLIE CT, FALLON, NEVADA.



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(i) Real property in Churchill County, Nevada with the only legal description

as: APN: 001-641-21. Plaintiffs’ real property as described above is commonly referred to

and located at 655, 657, 659, 661 LESLIE CT, FALLON, NEVADA.

(j) Real property in Churchill County, Nevada with the only legal description


and located at 692, 694, 696, and 698 Leslie Court, Fallon, Nevada.

(k) Real property in Churchill County, Nevada with the only legal description


and located at 656. 658. 660, 662 LESLIE CT, FALLON, NEVADA.

(l) Real property in Churchill County, Nevada with the legal description of:

Lot 8 of the Raven’s Nest Subdivision Map, Unit No. 1, recorded September 3, 2002, under Document No. 345927, Official Records, Churchill County, Nevada

APN: 1-641-25

Plaintiff’s real property as described above is commonly referred to and located at 668,

670, 672 & 674 LESLIE COURT, FALLON, NEVADA.

(m) Real property in Lyon County, Nevada with the only legal description as

APN: 020-982-09. Plaintiffs’ real property as described above is commonly referred to

and located at 700 Starlight Drive, Fernley, Nevada.

29. Plaintiff, DAVID HUTLER, is a resident of Storey County, Nevada. At all


Storey County, Nevada with the legal description of:

Lot 11-A, in Block O as shown on Lot Consolidation recorder in the County of Storey, State of Nevada on January 20, 1999, in Book 126, Page 245, as Document No. 84213. Also shown on the map of VIRGINIA CITY HIGHLANDS, UNIT NO. 1, filed in the office of the Storey County Recorder on April 13, 1972, File No. 35070. EXCEPTING THEREFROM 25% of Landowner’s Royalty Interest in and to all minerals, oil, gas, and other hydrocarbons as reserved in Deed from Lake Tahoe



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Recreational Land Company, Inc., a Nevada corporation, recorded October 8, 1971, in Book 67 of Deed Records, at Page 39, under File No. 34634.

APN: 003-071-08


located at 2091 LOUSETOWN ROAD, RENO, NEVADA.

30. Plaintiff, NEIL M. JOHNSON, is a resident of Washoe County, Nevada. At

all times relevant and material hereto, Plaintiff maintained Plaintiff’s primary residence in


PARCEL 1:

Lot 209, as shown on the Map of TRUCKEE RIVER HIGHLANDS, Tract Map No. 4252, filed in the office of the County Recorder of Washoe County, State of Nevada, on September 03, 2003, as File No. 2915339 of Official Records.

PARCEL 2: An easement for improvements and access including retaining walls as set forth in that certain instrument entitled “Improvement and Access Easement” recorded August 01, 2003 as Document No. 2898305, Official Records, Washoe County, Nevada.

PARCEL 3: Easements for access and utilities reserved by Grantor as set forth under in that certain Grant, Bargain and Sale Deed, executed by the Grantor, recorded on May 24, 2002 as Document No. 2691402 in the Official Records of Washoe County, Nevada; and conveyed to this Grantor by that certain Grant Deed executed by BORIS B. SELITSCH AND SHANNON A. SELITSCH, husband and wife, as joint tenants and MICHAEL HANSEN and JOY HANSEN, husband and wife, as joint tenants dated September 05, 2003, recorded on September 12, 2003, as Document No. 2920940 in the Official Records of Washoe County, Nevada.

APN: 212-033-03


located at 8080 HIGHLAND FLUME CIRCLE, RENO, NEVADA.



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31. Plaintiff, HOLLY KINNEY, A SINGLE WOMAN, is a resident of Washoe


residential property in Washoe County, Nevada with the legal description of:

LOT 20 OF SOUTHWEST TERRACE UNIT NO. 1, WASHOE COUNTY, NEVADA, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON AUGUST 02, 1962, AS TRACT MAP NO. 783.

APN: 023-111-20


located at 3251 SAN SIMEON COURT, RENO, NEVADA.

32. Plaintiffs, JAMES M. KOSCHELLA and TERESA R. KOSCHELLA,

HUSBAND AND WIFE, are residents of Washoe County, Nevada. At all times relevant

and material hereto, Plaintiffs maintained Plaintiffs’ primary residence in Washoe County,

Nevada with the legal description of:

LOT 8 IN BLOCK C OF COLD SPRINGS VALLEY HOMES UNIT NO.2, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON NOVEMBER 1, 1978.

APN: 087-225-03 Plaintiffs’ primary residence as described above is commonly referred to and located at

3890 PEREGRINE CIR, RENO, NEVADA.

33. Plaintiff, MARIA R. LEONARD, is a resident of Douglas County, Nevada. At

all times relevant and material hereto, Plaintiff maintained her primary residence with a

legal description which is an APN of 122-022-110-099.


752 E. Peak Lane, Gardnerville, Nevada.



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34. Plaintiff, JENNIFER MENDOZA,(aka JENNIFER LOPEZ), is a resident of



Lot 6 of HILLCREST EAST SUBDIVISION, filed in the office of the County Recorder of Washoe County, State of Nevada, on June 28, 2005, as Document No. 3237769, Tract Map No. 4510.

APN: 502-641-33


located at 5010 COGGINS RD, RENO NEVADA .

35. Plaintiffs, JOHN V. LYNCH & RONICA LYNCH, Husband & Wife, are

residents of Douglas County, Nevada. At all times relevant and material hereto, Plaintiffs

maintained Plaintiffs’ residential property in Douglas County, Nevada with the legal

description of:

Parcel A-2 as shown on Parcel Map No. 2 for DON AND FRANCIE LOCKMAN, recorded May 23, 1990, in Book 590, at Page 3603, as Document No. 226669, Official Records of Douglas County, Nevada, being a re-subdivision of Parcel B, as shown on the Parcel Map for DON AND FRANCIE LOCKMAN, recorded December 14, 1989, Book 1289, Page 1422, Document No. 216450, Official Records of Douglas County, Nevada.

APN: 1220-24-401-004

Plaintiffs’ primary residence as described above is commonly referred to and

located at 638 CLYDESDALE COURT, GARDNERVILLE, NEVADA.

36. Plaintiffs, JAMI D. MCHENRY and STEVEN W. WALLACE, are residents of



LOT 37 OF NORTHGATE, AS SHOWN B Y MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, NEVADA.

APN: 208-361-10



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located at 2771 SUNLINE DRIVE, RENO, NEVADA.

37. Plaintiffs, BRIAN MCKAY and LAWRENCE D. MCKAY, are residents of


Plaintiffs’ residential property in Washoe County, Nevada with the legal description of:

Lot 5-57 of THE FOOTHILLS AT WINGFIELD VILLAGE 5, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on September 29, 2005, as File No. 3284464, Tract Map No. 4549

APN: 526-371-02

Plaintiffs’ residential property as described above is commonly referred to

and located at 4329 Clearwood Drive, Sparks, Nevada.

38. Plaintiff, MICHAEL F. MCKEON,is a resident of Douglas County, Nevada.

At all times relevant and material hereto, Plaintiff maintained Plaintiff’s primary

residence in Douglas County, Nevada with the legal description of:

LOT 20, OF IDLE ACRES SUBDIVISION, AS SHOWN ON THE OFFICIAL MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF DOUGLAS COUNTY, NEVADA, ON APRIL 5, 1960, IN BOOK 1 OF MAPS, DOCUMENT NO. 15812.

APN: 1220-22-211-009


located at 1418 PURPLE SAGE DRIVE, GARDNERVILLE, NEVADA

39. Plaintiffs, WILFREDO G. MARIANO and AGNES MARIANO,

are residents of Washoe County, Nevada. At all times relevant and material

hereto, Plaintiffs maintained Plaintiffs’ primary residence in Washoe

County, Nevada with a legal description of:



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LOT 156 OF DESERT HIGHLANDS, UNIT 4F, A PLANNED DEVELOPMENT, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OR WASHOE COUNTY, NEVADA, ON SEPTEMBER 13, 2001, AS FILE NO. 2595962, TRACT MAP NO. 4002.

APN: 514-482-08.


located at 2926 E. Nashua Place, Sparks, Nevada.

40. Plaintiffs, JOHN MASON and BIANCA MASON, are residents

of Washoe County, Nevada. At all times relevant and material hereto,

Plaintiffs maintained Plaintiffs’ primary residence in Washoe County,

Nevada, with a legal description:

PARCEL 1 OF PARCEL MAP NO. 3258 ACCORDING TO THE MAP THEROF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON OCTOBER 22, 1997, AS FILE NO. 2147072 OFFICIAL RECORDS.

PARCEL 2: SITUATE IN THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 20 EAST, M.D.B.& M., COUNTY OF WASHOE, STATE OF NEVADA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 OF PARCEL MAP NO. 3258, FILE NO. 2147092 AS FILED IN THE WASHOE COUNTY RECORDERS OFFICE, WHICH THE SOUTHWEST CORNER OF SAID SECTION 7 BEARS SOUTH 11º 53’ 54” WEST A DISTANCE OF 3052.22 FEET; THENCE FROM POINT OF COMMENCEMENT, NORTH 00º 54’ 00” WEST A DISTANCE OF 235.00 FEET; THENCE NORTH 89º 06’ 00”EAST A DISTANCE OF 104.00 FEET; THENCE NORTH 21º 35’ 34” EAST A DISTANCE OF 248.48 FEET; THENCE SOUTH 48º 54’ 43” EAST A DISTANCE OF 343.18 FEET; THENCE SOUTH 00º 06’ 20” WEST A DISTANCE OF 235.04 FEET; THENCE SOUTH 89º 06’ 01” WEST A DISTANCE OF 450.02 FEET TO THE POINT OF BEGINNING.

NOTE (NRS 111.312): THE ABOVE METES AND BOUNDS DESCRIPTION APPEARED PREVIOUSLY IN THAT CERTAIN INSTRUMENT, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, NEVADA ON JUNE 30, 2004, AS DOCUMENT NO. 3062318, OF OFFICIAL RECORDS.



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APN: 04427019 and APN: 04427014

Plaintiffs’ residence as described above is commonly referred to and

located at 1200 W. Holcomb Lane, Reno, Nevada.

41. Plaintiffs, GILBERTO J. MENDOZA AND GABRIELA T. MENDOZA, are



description of:

LOT 227 IN BLOCK A, OF STONE CREEK PHASE V AT HIGHLAND RANCH NORTH, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON JUNE 9, 1994, AS FILE NO. 1805401, AS TRACT MAP NO. 3050.

APN: 508-231-33

Plaintiffs’ residential property as described above is commonly referred to and

located at 6370 SAGINAW COURT, SUN VALLEY, NEVADA.

42. Plaintiffs, JEAN MERKELBACH and CHAD SMITTKAMP, Wife and

Husband, are residents of Douglas County, Nevada. At all times relevant and material

hereto, Plaintiffs maintained Plaintiffs’ primary residence in Douglas County, Nevada with


THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF NEVADA, COUNTY OF DOUGLAS, DESCRIBED AS FOLLOWS:

ALL THAT PORTION OF SECTION 3, TOWNSHIP 14 NORTH, RANGE 18 EAST, M.D.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTER ¼ CORNER OF SAID SECITON 3, AS ESTABLISHED BY THE BUREAU OF LAND MANAGEMENT IN 1990: THENCE SOUTH 89º 19’ 25” EAST 97.45 FEET TO THE NORTHWEST CORENER OF LOT C GLENBROOK UNTI NO. 3, FILED FOR RECORD ON JUNE 1, 1980, DOCUMENT NO.45299;

THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT C, SOUTH 27º 07’ 57” WEST 677.18 FEET; THENCE SOUTH 14º 18’ 38” WEST 257.15 FEET; THENCE SOUTH 45º 15’ 23” WEST 239.71 FEET;THENCE LEAVING THE WESTERLY BOUNDARY, NORTH 16º 33’ 21” WEST 171.40 FEET;THENCE



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NORTH 29º 43’ 18” WEST 43.00 FEET; THENCE NORTH 42º 43’ 18” WEST 100 FEET;THENCE ALONG A CURVE CONCAVE TO THE SOUTH WITH A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 111º 38’ 51” AND AN ARC LENGTH 87.69 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 64º 58’ 33” WEST 74.46 FEET; THENCE ALONG A CURVE CONCAVE TO THE NORTHWEST WITH A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 66º 05’ 15”, AND AN ARC LENGTH OF 207.62 FEET, THE CHORD OF SAID CURVES BEARS SOUTH 31º 44’ 20” WEST 196.30 FEET; THENCE NORTH 01º 14’ 07” EAST 1,024.97 FEET; THENCE SOUTH 89º 19’ 25” EAST 735.21 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION DESCRIBED IN THE “STIPULATION ORDER” RECORDED DECEMBER 19, 2000 IN BOOK 1200, PAGE 3832, FILE NO. 50S326. THE ABOVE DESCRIBED LAND IS ALSO DESCRIBED AS TRACT 1 ON THE RECORD OF SURVEY FILED FEBRUARY 17, 2004 AS FILE NO. 604853. NOTE THE ABOVE METES AND BOUND DESCRIPTION APPEARED PREVIOUSLY IN THAT CERTAIN DOCUMENT RECORDED FEBRUARY 9, 2005, IN BOOK 0205, PAGE 3125, AS INSTRUMENT NO. 636343.

APN 1418-03-301-009

Plaintiffs’ primary residence described herein is also commonly referred to as 2190 Lands

End Rd, Glenbrook, Nevada.

43. Plaintiff, CHRISTOPHER L. NELSON, is a resident of Washoe County,

Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s primary

residence in Washoe County, Nevada. No legal description was provided to this Plaintiff

on the deed of trust and the only legal description is given as A.P.N. 530-171-02.


830 ALENA WAY, SPARKS, NEVADA.

44. Plaintiff, GARY A NEWTON, is a resident of Washoe County, Nevada. At all

times relevant and material hereto, Plaintiff maintained Plaintiff’s real property in

Washoe County, Nevada as follows:

(a) Real property described as APN: 037-341-04. Plaintiff’s primary residence

as described above is commonly referred to and located at 1113 HARBOUR COVE COURT,

SPARKS, NEVADA.



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(b) Real property described as APN: 037-341-07. Plaintiff’s residential property

as described above is commonly referred to and located at 1125 HARBOUR COVE

COURT, SPARKS, NEVADA.

45. Plaintiff, PAMELA PENNY, and who is also known as PAMELA

RUTHERFORD, is a resident of Clark County, Nevada. At all times relevant and material

hereto, Plaintiff maintained Plaintiff’s residential property in Clark Country, Nevada with


LOT ONE HUNDRED EIGHTY-FIVE (185) IN BLOCK THREE (3) OF CIMARRON UNIT NO.3, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 42, OF PLATS, PAGE 26, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA

APN: 178-04-520-014.


718 Panhandle Drive, Henderson, Nevada.

Plaintiff also maintains residential property with Plaintiff Phil Rutherford, a

resident of Lyon County, Nevada, located in Lyon County, Nevada, with a legal description

that included only: APN 018-515-16. Plaintiffs’ residential property as described above is

commonly referred to as 4030 Citrus St., Silver Springs, Nevada.

46. Plaintiffs, NORMA P. PIZZUTO and DARREN DISMUKE, are residents of

Clark County, Nevada. At all times relevant and material hereto, Plaintiffs maintained

residential property wherein the deed of trust only provided an APN 161-30-412-027 as

the legal description. Plaintiffs’ residential property described herein is commonly

referred to as 3654 Winner Drive, Las Vegas, Nevada.

47. Plaintiffs, WOJCIECH POLANSKI AND MARIOLA POLANSKI, are


maintained Plaintiffs’ primary residence in Washoe County, Nevada with the legal

description of:



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LOT 79 OF “DOUBLE DIAMOND RANCH VILLAGE 19B, A PLANNED DEVELOPMENT”, IN THE CITY OF RENO, COUNTY OF WASHOE, STATE OF NEVADA, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON APRIL 3, 2003, AS FILE NO. 2831796, TRACT MAP NO. 4187

APN: 160-882-05


located at 10562 THISTLE BERRY COURT, RENO, NEVADA.

48. Plaintiffs, RANDALL H. REES AND JUNE ANN REES, are residents of



PARCEL 1:

LOT 5221, BUILDING 52/1, UNIT C2, OF TANAMERA PHASE 1, A CONDOMINIUM SUBDIVISION, TRACT MAP NO. 4620, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA ON MARCH 16, 2006 AS FILED NO. 3362184 OF OFFICIAL RECORDS, AND AMENDED BY “CERTIFICATE OF AMENDMENT” RECORDED MAY 2, 2006 AS DOCUMENT NO. 3382919 OF OFFICIAL RECORDS.

PARCEL 2: AN UNDIVIDED INTEREST IN, AND EASEMENT OVER, THE COMMON AREA AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TANAMERA CONDOMINIUMS, RECORDED FEBRUARY 21, 2003 AS DOCUMENT OF NO. 3351160 OF OFFICIAL RECORDS.

PARCEL 3: AN EASEMENT FOR ACCESS OVER THAT PORTION OF PARCEL A OF PARCEL MAP 3586 FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA ON NOVEMBER 8, 1999 AS FILE NO. 2396113 OF OFFICIAL RECORDS, DESIGNATED AS “24’ ACCESS EASEMENT AND 28’ ACCESS EASEMENT” ON SAID PARCEL MAP.

PARCEL 4:

EASEMENTS AS CONTAINED IN THAT DOCUMENT ENTITLED “CROSS EASEMENT AGREEMENT” RECORDED DECEMBER 1, 1999 AS DOCUMENT NO. 2402837 OF OFFICIAL RECORDS.

APN: 160-918-24



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located at 900 S. MEADOWS PKWY, APT 5221, RENO, NEVADA.

49. Plaintiffs, CHARISE K. ROBERTS AND TODD C. ROBERTS, WIFE AND

HUSBAND AS JOINT TENANTS, are residents of Washoe County, Nevada. At all times

relevant and material hereto, Plaintiffs maintained Plaintiffs’ residential property in


LOT 119 IN BLOCK H OF SIERRA HILLS, A R-I SUBDIVISION, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY, RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON NOVEMBER 16, 1977

APN: 001-172-08


3976 KENTWOOD COURT, RENO, NEVADA.

50. Plaintiffs, NIGEL RUDLIN, A SINGLE MAN, is a resident of Washoe


primary residence in Washoe County, Nevada with the legal description of:

Lot 1 in Block I of INCLINE VILLAGE UNIT NO. 1, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on September 9, 1968, as Tract Map No. 1077.

APN: 125-223-24


821 GERALDINE DRIVE, INCLINE VILLAGE, NEVADA.

51. Plaintiff, EFRAIN DELAROSA SALDANA, is a resident of Lyon County,

Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s

residential property in Lyon County, Nevada with the legal description of:

LOT 70, AS SHOWN ON THE OFFICIAL PLAT OF SUNDANCE SUBDIVISION PHASE 1, RECORDED APRIL 12, 2004, AS DOCUMENT NO. 318077.

APN: 022-073-16



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Mountain Rose Drive, Fernley, Nevada.

52. Plaintiff, ANTONIO SERVIDIO, a single man, is a resident of Washoe


real properties as follows:

(a) Property in Washoe County, Nevada, described as:

Parcel 1: Lot 13-92 of THE FOOTHILLS AT WINGFIELD VILLAGE 13A, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on December 6, 2004, as File No. 3138433, Official Records, and as Tract Map No. 4423.

Parcel 2: A non-exclusive easement of use and enjoyment in, to, and throughout the Common Elements and for ingress, egress, and support over and through the Common Elements as set forth in the SUPPLEMENTAL DECLARATRION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR IRONSTONE (THE FOOTHILLS AT WINGFIELD VILLAGE 13) recorded November 22, 2004 as Document No. 3131993 of Official Records.

APN: 526-154-01


Antinori Drive, SPARKS, NEVADA.

(b) Residential property in Lyon County, Nevada with the legal description of:

Lot 70, as shown on the Final Map of ENNOR RANCH ESTATES, UNIT NO. 1E, recorded in the official records of Lyon County, Nevada, on DECEMBER 18, 1997 AS DOCUMENT NO. 213343.

APN# 20-662-02


Shadow Lane, FERNLEY, NEVADA.

(c) Residential property in Washoe County, Nevada with the legal description

of:



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All that certain real property situate in the City of Sparks, County of Washoe, State of

Nevada, described as follows:

Lot 140 of FIRENZE @D’ANDREA SUBDIVISION PHASE 2 (A Planned Development), in the City of Sparks, County of Washoe, State of Nevada, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on September 25, 2001, as File No. 2599625, Tract Map No. 4007; and as amended by Certificates of Amendments recorded December 04, 2001 as Document No. 2624569 and 2624587, and September 24, 2002, as Document No. 2739204, all of Official Records.

APN: 402-325-08


Roseto Cir., SPARKS, NEVADA.

(d) Residential property in Washoe County, Nevada with the legal description

of:

All that certain real property situate in the City of Sparks, County of Washoe, State of

Nevada, described as follows:

Parcel 1: Lot 13-107 of THE FOOTHILLS AT WINGFIELD VILLAGE 13A, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on December 6, 2004, as File No. 3138433, Official Records, and as Tract Map No. 4423. Parcel 2: A non-exclusive easement of use and enjoyment in, to, and throughout the Common Elements and for ingress, egress, and support over and through the Common Elements as set forth in the SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR IRONSTONE (THE FOOTHILLS AT WINGFIELD VILLAGE 13) recorded November 22, 2004 as Document No. 3131993 of Official Records.

APN: 526-154-17


Sportoletti Dr., SPARKS, NEVADA.



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(e) Residential property in Washoe County, Nevada with the legal description

of:

Parcel 1: Lot 13-108 of THE FOOTHILLS AT WINGFIELD VILLAGE 13A, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on December 6, 2004, as File No. 3138433, Official Records, and as Tract Map No. 4423.

Parcel 2: A non-exclusive easement for ingress, egress, and support over and through the Common Elements as set forth in the SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR IRONSTONE (THE FOOTHILLS AT WINGFIELD VILLAGE 13) recorded November 22, 2004 as Document No. 3131993 of Official Records.

APN: 526-154-19


North Latour, SPARKS, NEVADA.

(f) Residential property in Washoe County, Nevada with the legal description

of:

Parcel 1:

Lot 13-97 of THE FOOTHILLS AT WINGFIELD VILLAGE 13A, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on December 6, 2004, as File No. 3138433, Official Records, and as Tract Map No. 4423. Parcel 2: A non-exclusive easement of use and enjoyment in, to, and throughout the Common Elements and for ingress, egress, and support over and through the Common Elements as set forth in the SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR IRONSTONE (THE FOOTHILLS AT WINGFIELD VILLAGE 13) recorded November 22, 2004 as Document No. 3131993 of Official Records.

APN: 526-154-06


Sportoletti, SPARKS, NEVADA.



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(g) Residential property in Washoe County, Nevada with the legal description

of:

All that certain real property situate in the County of Washoe, State of Nevada, described

as follows:

Parcel 4A, as shown on Parcel Map No. 4020, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on June 10, 2003, as File No. 2869159.

APN: 004-151-57


Sutro Street, Unit B, RENO, NEVADA.

(h) Residential property in Washoe County, Nevada with the only legal

description attached as: APN: 013-232-07. Plaintiff’s real property as described above is

commonly referred to and located at 437 WONDER STREET, RENO, NEVADA.

(i) Residential property in Washoe County, Nevada with the legal description

of:

PARCEL 1: UNIT 102-2750 OF SALEM PLAZA, A CONDOMINIUM, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON DECEMBER 22, 1977, AS FILE NO. 504799 AND TRACT MAP NO. 1702. PARCEL 2: AN UNDIVIDED 1/150TH INTEREST IN THE “COMMON AREA” OF SALEM PLAZA, A CONDOMINIUM, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON DECEMBER 22, 1977, UNDER FILING NO. 504799, OFFICIAL RECORDS APN: 019-411-15.


Plumas Street, #102, RENO, NEVADA.



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(j) Residential property in Washoe County, Nevada with the legal description

of:

ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SPARKS, COUNTY OF WASHOE, STATE OF NEVADA DESCRIBED AS FOLLOWS:

LOT 84 OF FIRENZE @ D’ANDREA SUBDIVISION, PHASE 3, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA ON OCTOBER 9, 2002, AS FILE NO. 2746362 AS TRACT MAP NO. 4121 OFFICIAL RECORDS AND AS AMENDED BY CERTIFICATE OF AMENDMENT RECORDED DECEMBER 17, 2002 AS DOCUMENT NO. 2777946.

APN 402-373-07

Plaintiff’s residential property described above is commonly referred to as 2495 Tuscan

Way, Sparks, Nevada.

(k) Residential property in Lyon County, Nevada with the legal description of:

Parcel 1: Lot 63, as shown on the Final Map of ENNOR RANCH ESTATES UNIT NO. 1E, recorded in the official records of Lyon County, Nevada on DECEMBER 18, 1997 as DOCUMENT NO. 213343. APN: 20-661-04


SHADOW LANE, FERNLEY, NEVADA.

(l) Residential property in Lyon County, Nevada with the legal description of:

Parcel 1: Lot 61, as shown on the Final Map of ENNOR RANCH ESTATES UNIT NO. 1E, recorded in the official records of Lyon County, Nevada on DECEMBER 18, 1997 as DOCUMENT NO. 213343. APN: 20-661-02


SHADOW LANE, FERNLEY, NEVADA.



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53. Plaintiff, SALLY SERVIDIO, is a resident of Napa, California. At all times

relevant and material hereto, Plaintiff maintained Plaintiff’s residential properties in

Washoe County, Nevada as follows:

(a) Real property with a legal description of:

PARCEL 3C AS SHOWN ON PARCEL MAP NO. 4019, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON JUNE 10, 2003 AS FILE NO. 2869158.

APN 004-151-55

Plaintiff’s residential property described herein was commonly referred to as 2150 Sutro

St., Unit C, Reno, Nevada.

(b) Real property with a legal description of:

PARCEL 4C, AS SHOWN ON PARCEL MAP NO. 4020, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON JUNE 10, 2003, AS FILE NO. 2869159.

APN 004-151-59

Plaintiff’s residential property described herein was commonly referred to as 2150 Sutro

St., Unit A, Reno, Nevada.

54. Plaintiffs, JASWINDER SINGH and VARINDER KAUR, are residents of


Plaintiffs’ primary residence in Washoe County, Nevada with the legal description of:

LOT 59 OF HARBOUR COVE SUBDIVISION, ACCORDING TO THE MAP THEREOF NO. 3960 FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA ON JUNE 08, 2001 AS DOCUMENT NO. 2562095 OF OFFICIAL RECORDS. PARCEL 2: A NON-EXCLUSIVE REVOCABLE LICENSE TO CONSTRUCT, MAINTAIN, OPERATE AND USE A BOAT DOCK FACILITY IN THE CANAL IMMEDIATELY ADJACENT TO SAID LOT AS REFERENCED IN DOCUMENT ENTITLED “GRANT OF LICENSE FOR BOAT DOCKS” RECORDED JULY 23, 2004 AS DOCUMENT NO. 3072955 OF OFFICIAL RECORDS.



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A.P.N. 037-341-01


1101 HARBOUR COVE CT, SPARKS, NEVADA.

55. Plaintiffs, KIP M. THOMPSON and HELEN T. THOMPSON and

GABRIELLE C. THOMPSON (a.k.a. GABRIELLE C. MCELROY), are residents of Washoe

County, Nevada. At all times relevant and material hereto, Plaintiffs maintained


LOT 36 AS SHOWN ON THE MAP OF FIRST TEE UNIT NO. 6 AT KILEY RANCH, A COMMON-INTEREST COMMUNITY, TRACT MAP NO. 4394, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA ON SEPTEMBER 9, 2004 AS FILE NO. 3105843 OF OFFICIAL RECORDS, AND AMENDED BY CERTIFICATE OF AMENDMENT RECORDED OCTOBER 20, 2005 AS INSTRUMENT NO. 3294954. APN: 510-442-01

Plaintiffs’ real property as described above is commonly referred to and located at 1388

BOARDWALK PLACE, SPARKS, NEVADA.

Plaintiffs, KIP M. THOMPSON and HELEN T. THOMPSON, also maintain property in


Lot 1701 in Block A of WINGFIELD SPRINGS UNIT SEVENTEEN-A according to the map thereof No. 3354 filed in the office of the County Recorder of Washoe County, State of Nevada, on March 14, 1997 as Document No. 2079772 of Official Records. APN: 522-421-01

Plaintiffs’ residential property as described above is commonly referred to and located at

6350 BLACK DEER COURT, SPARKS, NEVADA.

56. Plaintiff, DIMITRITZA TOROMANOVA, A SINGLE WOMAN, is a resident

of Clark County, Nevada. At all times relevant and material hereto, Plaintiff maintained

Plaintiff’s real properties in Clark County, Nevada as follows:



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(a) Property described as A.P.N.: 162-21-315-062. Plaintiff’s primary residence

as described above is commonly referred to and located at 145 EAST HARMON AVENUE

#519, LAS VEGAS, NEVADA.

(b) Real property described as APN: 125-08-419-006. Plaintiff’s real property

as described above is commonly referred to and located at 8160 FINCH FEATHER, LAS

VEGAS, NEVADA.

(c) Real property described as APN: 140-06-718-012. Plaintiff’s real property as

described above is commonly referred to and located at 4174 JAQULINE WAY, LAS

VEGAS, NEVADA.

(d) Real property with the legal description of:

LOT 20, IN BLOCK 2 OF WILDWOOD MANOR, AS SHOWN BY MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

APN: 139-19-410-026


CORDOBA LANE, LAS VEGAS, NEVADA.

(e) Real property described as APN: 177-27-417-013. Plaintiff’s real property as

described above is commonly referred to and located at 10343 EDNOR COURT, LAS

VEGAS, NEVADA.

57. Plaintiffs, LEONORA M. VAETH, AND JOSEPH T. VAETH, are residents of


Plaintiffs’ residential property for the purpose of a home for their daughter in Washoe

County, Nevada, described as A.P.N. 140-58-109. Plaintiffs’ residential property as

described above is commonly referred to and located 425 DARTMOOR CT., RENO,

NEVADA.



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58. Plaintiffs, LAURO C. VIZCARRA and YESENIA VIZCARRA, are residents

of Washoe County, Nevada. At all times relevant and material hereto, Plaintiffs

maintained Plaintiffs’ primary residence in Washoe County, Nevada, with the legal

description of:

Lot E in Block A as shown on the official plat of LOT REARRANGEMENT GARDEN HILL SUBDIVISION UNIT NO. 2, BLOCK A & PORTION BLOCK B, according to the map thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on March 24, 1971, as File No. 201318, as Tract Map No. 1221.

APN: 004-091-19


2240 Tripp Drive, Reno, Nevada.

59. Defendant CITIMORTGAGE, INC., was a New York corporation doing

business in Nevada and, at all times material hereto, was a member in the MERS system

described herein and a principal shareholder of MERS.

60. Defendant MERSCORP, INC. was a Virginia corporation and doing business

in the State of Nevada through its division or subsidiary, Defendant MERS, Inc., a

Delaware corporation. Upon information and belief, MERSCORP, INC., was a director of

MERS, INC. Defendants MERSCORP, INC., and MERS, Inc. are hereinafter collectively

referred to as “MERS.

61. Defendant UNITED GUARANTY CORPORATION was a foreign corporation

and, at all times material hereto, a creator, originator, and shareholder of MERS and/or a

member of the MERS system described herein. Upon information and belief United

Guaranty Corporation has, through its agents and employees, a chartered seat on the

MERS board of directors.



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62. Defendant CAL-WESTERN RECONVEYANCE CORPORATION is foreign

corporation.

63. Defendant AMERICAN HOME MORTGAGE SERVICING, INC., aka

AMERICAN SERVICING COMPANY, is a foreign corporation.

64. Defendant AURORA LOAN SERVICES, LLC dba AURORA HOME LOANS

dba AURORA HOME MORTGAGE is a foreign corporation.

65. Defendant AZTEC FORECLOSURE CORPORATION is a foreign

corporation.

66. Defendant BANK OF AMERICA, N.A. was a foreign corporation doing

business in Nevada, and is a successor in interest to Countrywide Home Loans, Inc.

and/or acquired Countrywide Home Loans, Inc., and its affiliates and subsidiaries, for the

purpose of funding and/or managing the ongoing business activities of Countrywide

Home Loans, Inc. Upon information and belief BANK OF AMERICA does business as

LASALLE BANK which is wholly owned by BANK OF AMERICA. Upon information and

belief, Defendant Bank of America, N.A., at all times material hereto, was a member of the

MERS system described herein.

67. Defendant CALIFORNIA RECONVEYANCE COMPANY is a foreign

corporation.

68. Defendant CENTRAL MORTGAGE CO. is a foreign corporation not

registered to do business in the State of Nevada, but registered in the State of Arkansas.

69. Defendant J.P. MORGAN CHASE BANK, N.A. was a New York corporation

doing business in Nevada and, at all times material hereto, was a member in the MERS



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system described herein. Upon information and belief, J.P. Morgan Chase Bank, N.A.,

through its division, affiliate or subsidiary, Chase Home Mortgage Corporation of the

Southeast, was a creator, originator, and shareholder in MERS, and through its employees

or agents employed by its affiliate, J.P. Morgan Chase Co., has a chartered seat on the


70. Defendant COUNTRYWIDE HOME LOANS, INC. (“Countrywide”) was a

New York corporation authorized to do business in and doing business in Nevada and at

all times material hereto was a member of the MERS system described herein and a

creator, originator and principal shareholder in MERS and is now wholly owned by Bank

of America.

71. Defendant CR TITLE SERVICES, CO. is a foreign corporation.

72. Defendant EMC CORPORATION dba EMC MORTGAGE CORP. is a foreign

corporation registered to do business in the State of Nevada with offices in Brooklyn, New

York.

73. Defendant EXECUTIVE TRUSTEE SERVICES, LLC (hereinafter “ETS”) is a

wholly owned subsidiary of GMAC and is a foreign limited liability corporation authorized

to do business in, and doing business in, Washoe County, Nevada, and at all times

material hereto was a member of the MERS system described herein and a shareholder in

MERS.

74. Defendant FEDERAL HOME LOAN MORTGAGE ASSOCIATION

(hereinafter referred to as “Freddie Mac”) is a Virginia corporation doing business in

Nevada, and is a creator, originator, and principle shareholder in MERS. Upon



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information and belief, Freddie Mac has, through its agents and employees, a chartered

seat on the MERS board of directors.

75. Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION (hereinafter

referred to as “Fannie Mae”) is a District of Columbia corporation doing business in

Nevada and, at all times material hereto, is, a creator, originator, and shareholder of

MERS and a member of the MERS system described herein. Upon information and belief,

Defendant Fannie Mae has, through its agents and employees, a chartered seat on the


76. Defendant FIRST FRANKLIN LOAN SERVICES is a foreign corporation.

Upon information and belief, Defendant HOME SERVICES, INC. is doing business as

FIRST FRANKLIN LOAN SERVICES, and is a foreign corporation and a wholly owned

subsidiary of Merrill Lynch.

77. Defendant FIRST HORIZON HOME LOAN CORPORATION is a foreign

corporation and is wholly owned by the Bank of Tennessee.

78. Defendant METLIFE GROUP, INC. is a foreign corporation.

79. Defendant QUALITY LOAN SERVICE CORP. is a foreign corporation

registered to do business in the State of Nevada.

80. Defendant SAXON MORTGAGE, INC., is a foreign corporation registered to

do business in the State of Nevada, and, upon information and belief, is a member of the

MERS system described herein.

81. Defendant GE MONEY BANK was an Ohio corporation and was a member

of the MERS system described herein.



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82. Defendant GMAC MORTGAGE, L.L.C. was a Delaware corporation doing

business in Nevada and, at all times material hereto, was a member of the MERS system

described herein. Upon information and belief, Defendant GMAC Mortgage, L.L.C.,

through its affiliate or subsidiary, GMAC Residential Funding Corp., was a creator,

originator, and shareholder in MERS, and through its employees or agents employed by

its division, affiliate or subsidiary, GMAC Residential Holding Corp., has a chartered seat

on the MERS board of directors.

83. Defendant HSBC MORTGAGE CORPORATION, U.S.A. was a Delaware

corporation and, at all times material hereto, was a member of the MERS system

described herein. Upon information and belief, HSBC Mortgage Corporation, through its

affiliate or subsidiary HSBC Finance Corp., was a creator, originator, and principal

shareholder of MERS.

84. Defendant LANDMARK ONESTOP, INC. aka LAND AMERICA DEFAULT

SERVICES is a foreign corporation.

85. Defendant MIDLAND MORTGAGE is a foreign corporation with offices in

Oklahoma City.

86. Defendant NATIONAL CITY MORTGAGE, a division of National City Bank,

was a foreign company doing business in Nevada, and, at all times material hereto was a

member of the MERS system described herein. Upon information and belief, Defendant

National City Mortgage, through its agents and employees, has a chartered seat on the


87. Defendant NATIONAL CITY CORPORATION (hereinafter “National City

Corp.”) is a Delaware corporation wholly owned by PNC pursuant to a merger



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consummated in or around December 31, 2008, and is or was a member of the MERS

system described herein.

88. Defendant NATIONAL CITY BANK (hereinafter “National City Bank”) is an

Ohio corporation wholly owned by PNC pursuant to a merger consummated in or around

December 31, 2008, and is or was a member of the MERS system described herein.

89. Defendant OPTION ONE MORTGAGE CORPORATION is a foreign

corporation.

90. Defendant NATIONAL DEFAULT SERVICING is a foreign corporation.

91. Defendant PNC FINANCIAL SERVICES GROUP, INC., (hereinafter “PNC”)

is a Pennsylvania corporation and the parent company of National City Corporation, Inc.

pursuant to a merger consummated in or around December 31, 2008. Upon information

and belief, PNC is or was a member of the MERS system described herein.

92. Defendant RECONTRUST COMPANY is a foreign corporation not registered

to do business in the State of Nevada, but is the company that forecloses for Countrywide

Home Loans, Inc.

93. Defendant SUNTRUST is a foreign corporation with offices in Richmond,

Virginia.

94. Defendant T.D. SERVICE COMPANY is a foreign corporation.

95. Defendant THE COOPER CASTLE LAW FIRM, LLP fka THE COOPER

CHRISTENSEN LAW FIRM, LLP is a domestic corporation.

96. Defendant DEUTSCHE BANK NATIONAL TRUST COMPANY is a New

York corporation.



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97. Defendant AMERICAN BROKER’S CONDUIT is a foreign corporation.

98. Defendant HOMECOMINGS FINANCIAL is a foreign corporation.

99. Defendant BANK OF NEW YORK MELLON doing business as BANK OF

NEW YORK is a foreign corporation.

100. Defendant WELLS FARGO BANK, N.A. was a California corporation.

101. Defendant WELLS FARGO BANK, N.A. was a California corporation doing

business in Nevada as Wells Fargo Home Equity and as Wells Fargo Home Mortgage, a

Division of Wells Fargo Bank, N.A., and, at all times material hereto, was a member of the

MERS system described herein and a creator, originator, and shareholder of MERS.

102. Defendants Countrywide Home Loans, Inc., First Franklin, and Bank of

America, N.A. acted as lenders in the transactions referred to herein and are hereinafter

referred to collectively as “Lenders” or “Lender defendants.”

103. Defendants J.P. Morgan Chase, Merrill Lynch, Wells Fargo Bank, N.A.,

Bank of America, HSBC Mortgage Corporation, U.S.A., GMAC Mortgage, L.L.C., PNC

Financial Services Group, Inc., National City Corporation, National City Mortgage, First

Franklin, a division of National City Bank, National City Bank, Countrywide Home Loans,

Inc., CitiMortgage and GE Money Bank acted as Securitizers of the loans made by Lenders

named herein and are hereinafter referred to as “Securitizers” or “Securitizer defendants.”

104. Defendants American Brokers Conduit, American Home Mortgage

Servicing, Inc., Aurora Loan Services, LLC, dba Aurora Home Loans dba Aurora Home

Mortgage, Bank of America, Bank of America dba LaSalle Bank Corporation, Central

Mortgage Company, J.P. Morgan Chase, NA dba Chase Home Finance, LLC, dba Chase

Mortgage, CitiMortgage, Inc., Countrywide Home Loans, Inc., EMC Corporation dba EMC



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Mortgage Corporation, Home Loan Services, Inc. dba First Franklin Loan Services, First

Horizon Home Loan Corporation, GMAC Mortgage, L.L.C., Homecomings Financials,

Midland Mortgage, Option One Mortgage Corporation, Saxon Mortgage, Inc., Suntrust

Mortgage, Wells Fargo Bank, N.A. dba America’s Servicing Company, and acted as

Servicers of the loans made to Plaintiffs by Lenders and are hereinafter referred to as

“Servicers” or “Servicer defendants.”

105. Defendants Aztec Foreclosure Corp., California Reconveyance Company,

Cooper Castle Law Firm, LLP, C.R. Title Services, Inc., Executive Trustee Services, LLC,

National Default Servicing Corporation, Quality Loan Service Corp., ReconTrust

Company, and T.D. Service Company acted as foreclosing entities or trustees against the

residential property of the Plaintiffs and are hereinafter referred to as “Foreclosers.”

106. In the United States, home purchases are typically financed by mortgages or

loans that are secured by a deed of trust and a note which, when executed on behalf of the

same entity and held by the same entity as a “note and deed of trust,” entitle the holder of

the note and deed of trust to foreclose on the property of the borrower if the borrower is in

default without legal excuse or recourse.

GENERAL ALLEGATIONS

107. A reported 3 million foreclosures occurred in the U.S. in 2008. Foreclosures

to date during calendar year 2009 are at a higher rate than that which occurred during

2008, with 1 in 16 homes in the State of Nevada going into foreclosure during the first six

months of 2009.

108. From 2003 through 2008, the Defendants entered into mortgages with

deeds of trust and notes that were separated after the execution of the mortgage, the note

was sold to an investor who literally and actually provided the funds for the loan given to



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the borrower. Prior to or immediately after the contract was signed by the borrower, the

note was funded by a party other than the originator or servicer of the loan.

109. Plaintiffs separately executed deeds of trust naming MERS as the beneficiary

and/or nominee of the beneficiary/lender.

110. Plaintiffs also separately executed notes payable to Lenders as alleged

herein. None of the notes contained any reference to MERS.

111. The notes and the deeds of trust require that payment be made to the

Lender, not to MERS.

112. The notes executed by Plaintiffs were separated from the deeds of trust after

the execution by Plaintiffs of those documents, with the note being transferred to

investors whose money had funded the loan taken out by the Plaintiff/borrower.

113. The Servicer defendants herein furnished none of the funding for the loans

but were merely transfer agents for money from the investors to loans taken by the

borrowers. Simultaneously with or immediately after the loan was taken out by the

borrower, the obligation reflected by the note was satisfied by monies provided by the

investor who then obtained ownership of and right to payment under the terms of the

note. These investors are the only parties to whom an obligation arose after the loans

were securitized, and are the only proper parties to later declare a default and to have a

right to direct a sale if the Plaintiffs did not make payments as required under the terms of

the note.

114. The Mortgage Electronic Registration Service was created by the Defendants

identified herein as co-conspirators in relation to the MERS system with the specific

intent that MERS, Inc. or MERSCORP, Inc. or MERS (referred to collectively herein as

“MERS”) would be named the beneficiary and/or as the nominee of the lender on the



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deeds of trust which Plaintiffs were induced into signing. However, MERS was not a

nominee for the lender because the lender was an investor who had provided the funds for

the loan. This fact was known to MERS and the purported lender and the subsequent

assignee of any and all rights purported to have been assigned by MERS at the time the

note and deed of trust were signed by the Plaintiffs and at the time of each and every such

later purported assignment by MERS of any interest in the note and deed of trust.

115. The foreclosures complained of herein were initiated against Plaintiffs by

parties who have and had no standing to commence or maintain any foreclosure

proceeding, both by the express language of the deeds of trust which required that the

beneficiary/party owed the obligation declare the default and direct the sale, and by the

laws governing the commencement and advancement of foreclosure proceedings which

require the true beneficiary to declare such default and direct such sale.

116. The servicers of the loans, named as Servicer defendants herein, were

strangers to the purported loan transactions and which parties were and are unknown to

Plaintiffs and, moreover, did not fund the Plaintiffs’ loans and are not owed any of the

funds to be repaid by Plaintiffs, and do not stand to suffer any loss should they be

enjoined from foreclosing on the Plaintiffs’ homes or from selling the alleged REO’s at

issue herein.

117. The foreclosures named as Forecloser Defendants herein, on Plaintiffs’

homes complained of herein were initiated by Forecloser Defendants, who had and have

no lawful right to initiate, advance or maintain any foreclosure action against the

Plaintiffs or their homes.

118. All Defendants knew or should have known that prior to the time that the

loans were taken out by Plaintiffs at issue herein, the loans which named MERS on the



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deeds of trust were securitized or intended to be securitized prior to the preparation of the

notes and deeds of trust reflecting each such loan.

119. Defendants also knew or should have known that the scheme employed by all

Defendants involved in the origination, aggregation and securitization of mortgage-

backed loans originated from 2003 through 2008 and secured by real property in the

United States included financial incentives which were designed to result in the loans

being written on terms which were likely or certain to result in foreclosure, and that the

scheme described herein included financial incentives designed to motivate appraisers,

mortgage brokers, lenders, aggregator banks and securitizing banks to steer borrowers

into loans they could not afford and could not repay so that the loans would go into

default and the Defendants involved in servicing, aggregating and securitizing those loans

could make yet more profits from default, foreclosure and selling the properties at or after

foreclosure.

120. The financial incentives mentioned in the previous paragraphs included

without limitation the hiring only of appraisers who were financially incentivized to

appraise properties at a value that would justify the loan requested, the payment to

mortgage brokers of higher fees for sub-prime and sub-sub-prime loans than for prime

loans and the use of novel and unprecedented underwriting criteria such as stated income

and 100% or more financing of the purchase price, and the purchase of loans from

lenders by aggregators and servicers of loans at more than face value if the loans were

sub-prime or sub-sub-prime and in particular if such loans also included an adjustable

interest rate and/or a pre-payment penalty.

121. All Defendants who originated, serviced, aggregated and/or securitized the

Plaintiffs’ loans knew or should have known at the time of those actions by Defendants



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that the financial incentives described in the previous paragraph herein were not disclosed

to the investor or to the Plaintiffs/borrowers, and that the Defendants who originated,

serviced, aggregated and/or securitized the Plaintiffs’ loans also purchased credit default

swaps which were essentially bets that the Plaintiffs’ loans would fail, resulting in multiple

payments to those Defendants of the face amount of the loan, and knew or should have

known that fact was also concealed from the investors and Plaintiffs who were instead

intentionally misled by Defendants to believe that the Plaintiffs qualified for the loans

under residential loan underwriting standards previously used in the industry.

122. All Defendants who originated, serviced, aggregated and/or securitized the

Plaintiffs’ loans knew or should have known at the time of those actions by Defendants

that the more likely or certain the loan was to fail, the more likely that failure was to cause

the entire mortgage-backed security pool which included Plaintiffs’ loan to fail, and the

more profitable those events would be to Defendants.

123. Under the securities and federal banking laws, rules and regulations, the

investors and the borrowers were entitled to information regarding all of the profits,

payments, kick-backs, fees and insurance and credit default swaps related to the

transaction which included the investors providing the funds loaned to the borrower, and

the concealment of those facts by all the Defendants who originated, serviced, aggregated

and/or securitized the Plaintiffs’ loans was an intentional misrepresentation and/or

intentional material omission of fact by those Defendants for the purpose of using the

borrowers’ signatures on notes and deeds of trust to defraud the investors, the borrowers,

the insurers of loans, the issuers of credit default swaps and eventually the government

whom those Defendants, upon information and belief, falsely told that the Defendants



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were in dire need of trillions of dollars in federal funds due to “toxic assets” being

allegedly on the books of Defendants.

124. The Defendants named as conspirators herein never owned any of the

Plaintiffs’ loans or the loans of others similarly situated naming MERS as beneficiary, and

the representations from September 2008, to the present, by the Bank Defendants to the

government that those Defendants were in dire need of government bailout funds from

the Department of Treasury and the Federal Reserve due to defaults on mortgage loans

were intentional falsehoods designed to defraud the government and the American

taxpayers.

125. All Defendants participated in a conspiracy to cause Plaintiffs to enter into

instruments that would result in the foreclosure of their homes and to initiate foreclosure

on Plaintiffs’ homes without the lawful right to do so or to commence and advance

foreclosures against Plaintiffs with knowledge that the Plaintiffs had been deceived by

having not been informed that the loans they took out were designed and intended to

result in foreclosure and consequently more profits to the Defendants. As a proximate

and direct result, Defendants have been unjustly enriched by the payments of the

Plaintiffs on the notes and by the profits earned by Defendants from the declaration of

default, the commencement and advancement of foreclosure, and/or the foreclosure sale

of Plaintiffs’ properties.

126. The lenders and investors in mortgage-backed securities, the Defendants

Lenders and Securitizers previously named herein, have obtained bailout money from the

United States Treasury and the Federal Reserve in the amount of trillions of dollars for

the stated purpose of compensating the lenders and investors for losses sustained due to

the alleged default in on residential mortgage loans including those of Plaintiffs.



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127. The lenders as referred to above and investors in mortgage-backed securities,

including, have used those funds to repay credit default swaps, to repay investors who

funded Plaintiffs’ loans and/or to settle the lawsuits of those investors against the

securitizing banks for fraud, including those Defendants previously named as securitizers

and servicers, with such use of those funds having extinguished the obligation reflected by

the notes, the right to collect on the notes, and the right to initiate foreclosures on

Plaintiffs’ homes.

128. Each and every Plaintiff has a deed of trust that states that the beneficiary

and/or beneficiary as the nominee of the lender is MERS, and each and every Plaintiff has

been or is likely to be declared in default by a party not entitled to declare the default.

129. The entities that are giving notice that they will foreclose on the homes of the

Plaintiffs are not MERS and are not the lenders that originated the deeds of trust and are

not the parties that funded the loans of the Plaintiffs.

130. Plaintiffs, PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO

JIMENEZ-GRANADOS, GARY W. HEMBREE AND CHARLEEN HEMBREE, JAMI D.

MCHENRY and STEVEN WALLACE, GILBERTO J. MENDOZA AND GABRIELA T.

MENDOZA, PAMELA PENNY (aka PAMELA RUTHERFORD) and ANTONIO SERVIDIO

have deeds of trust that state that the beneficiary or/ beneficiary as the nominee of the

lender is MERS as follows:

Facts as to the Plaintiffs whose residential properties are now Bank REO’s

a. Peter M. Beekhoff executed a Deed of Trust on his property at 34 Conner

Way, Gardnerville, Nevada, dated June 22, 2007, in the amount of

$210,000, with First Horizon Home Loan Group as the lender and

MERS as the beneficiary. The property was declared in default by First



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Horizon and sold on August 4, 2009 to First Horizon, a division of the

Bank of Tennessee, and held as an REO.

b. Plaintiff Valerie R. Branca executed a Deed of Trust on her property at

12301 Green Mountain, Reno, Nevada, dated February 2, 2007, in the

amount of $181, 440.00, with American Brokers Conduit as the lender

and MERS as the beneficiary. The property was sold at Trustee’s sale by

T.D. Service Company on August 26, 2009, and title is held by Deutsche

Bank National Trust Company as Indenture Trustee for American Home

Mortgage Investment Trust 2007-1, Mortgage-backed notes and Grantor

Trust Certificates, Series 2007-1 as an REO.

c. Plaintiff Casimiro Jimenez-Granados executed a deed of trust on April

16, 2007 on his property at 1580 Trainer Way, Sparks, Nevada for

$250,000. The property was declared in default and sold by Cal Western

Reconveyance Corporation and sold on June 24, 2009, to Aurora Loan

Services LLC and is held as an REO.

d. Plaintiffs Gary W. Hembree and Charlene E. Hembree executed a deed of

trust on May 10, 2007, with Summit Funding, Inc., on his property at

668,670,672, 674 Leslie Court, Fallon, Nevada for $347,000. The

property was declared in default by National Default Servicing

Corporation and the property was sold on September 4, 2009 and the

title is held by America’s Servicing Company and is held as an REO.

e. Jami D. McHenry (Steven Wallace was added at a later date to the title)

executed a Deed of trust dated 11/06/08 in the amount of $345,743.00

related to the residential property which listed Countrywide Home



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Loans, Inc. as the lender and which listed MERS as beneficiary. The

property was declared in default by Defendant Saxon Mortgage and sold

by Trustee’s Deed on October 10, 2008, to Wells Fargo Bank, NA and is

held as an REO

f. Gilberto J. Mendoza and Gabriela T. Mendoza executed a Deed of Trust

dated January 13, 2006 with Home Mortgage Direct Lenders in the

amount of $283,500.00 related to their property at 6370 Saginaw Court,

Sun Valley, Nevada which listed MERS as beneficiary. The property was

declared in default by Option One and on March 18, 2009, the property

was sold by TD Service Company and is held by HSBC Bank USA,

National Association as Trustee for Ace Securities Corp. Home Equity

Loan Trust, Series 2006-OP1 Asset Back Pass-Through Certificates, as an

REO.

g. Pamela Penny(also known as Pamela Rutherford) executed a Deed of

Trust dated June 13, 2007, in the amount of $210,000 related to her

property at 718 Panhandle Drive, Henderson, Nevada, which listed First

Option Mortgage as the lender and which listed MERS as beneficiary.

The property was declared in default by Recontrust Company and on

June 8, 2009 it was sold and is held by Federal National Mortgage

Association as an REO.

h. Antonio Servidio executed a Deed of Trust dated 4/12/2006 in the

amount of $402,500 related to his property at 2150-B Sutro St., Reno,

Nevada which listed First Magnus Financial Corporation as the lender

and which listed MERS as beneficiary. The property was declared to be



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in default and was sold by California Reconveyance Company on March

5, 2009, and is held by La Salle Bank NA as trustee for Washington

Mutual Mortgage Pass-Through Certificates WMALT Series 2006-AR5

Trust as an REO.

i. Servidio also executed a deed of trust on 6696 Sportoletti Dr., Reno,

Nevada, on March 24, 2006 for $228,000 with Greenpoint Mortgage

Funding, Inc., listed as the lender and MERS as the beneficiary. The

property was declared to be in default, then sold by Executive Trustee

Services to Executive Trustee Services on May 27, 2009.

j. Servidio also executed a deed of trust on 2750 Plumas St., #102, Reno,

Nevada, on August 2, 2005 with First Magnus Financial Corp. as the

lender and MERS as the beneficiary for $108,000.00. The property was

declared in default by ReconTrust Company and sold on February 25,

2009, to the Bank of New York as Trustee for the Certificate Holders

CWAT, Inc. Alternative Loan Trust 2005-45 Mortgage Pass Through

Certificates, Series 2005-45 and is held as an REO.

k. Servicio also executed a deed of trust on 6689 N. Latour Dr., Reno,

Nevada on February 10, 2006 for $248,000.00. The property was

declared in default then sold by Quality Loan Services to Aurora Loan

Services LLC on February 27, 2009 and is held as an REO.

131. The originators of the loans to the Plaintiffs did not ascertain prior to

loaning the funds for the mortgages of the Plaintiffs whether or not the Plaintiffs qualified

for the loans.



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132. The properties of PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO

JIMENEZ-GRANADOS, JAMI D. MCHENRY and STEVEN W. WALLACE, GILBERTO J.

MENDOZA AND GABRIELLE MENDOZA, PAMELA PENNY (aka PAMELA

RUTHERFORD) and ANTONIO SERVIDIO, have already been subjected to foreclosure by

Defendants based upon the MERS deeds of trust.

133. The properties of PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO

JIMENEZ-GRANADOS, JAMI D. MCHENRY and STEVEN W. WALLACE, GILBERTO J.

MENDOZA AND GABRIELLE MENDOZA, PAMELA PENNY (aka PAMELA

RUTHERFORD) and ANTONIO SERVIDIO have been conveyed to the banks that acted as

servicers for the payments allegedly for the mortgages or the homes have been conveyed

to parties stating that they are the trustee for the beneficial owners of the deeds of trust,

but none of those entities that claim to have title to the homes of these Plaintiffs are

MERS or the nominee of the lender on the deeds of trust or a proper beneficiary under the

deeds of trust.

134. None of the parties acting as a trustee, including but not limited to,

Defendants Quality Loan Service Corp., T.D. Service Company, California Reconveyance

Company, National Default Servicing Corporation, T.D. Service Co., ReconTrust

Company, in the noticing of the sales of the PETER M. BEEKHOFF, VALERIE R.

BRANCA, CASIMIRO JIMENEZ-GRANADOS, JAMI D. MCHENRY and STEVEN W.

WALLACE, GILBERTO J. MENDOZA AND GABRIELLE MENDOZA, PAMELA PENNY

(aka PAMELA RUTHERFORD) and ANTONIO SERVIDIO properties had the authority to

conduct the sale on behalf of MERS as the purported beneficiary under the respective

deeds of trust related to the properties, or on behalf of any party to whom MERS may

have assigned its purported beneficial interest prior to the sale.



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135. The parties who purchased the properties of PETER M. BEEKHOFF,

VALERIE R. BRANCA, CASIMIRO JIMENEZ-GRANADOS, JAMI D. MCHENRY and

STEVEN W. WALLACE, GILBERTO J. MENDOZA AND GABRIELLE MENDOZA,

PAMELA PENNY (aka PAMELA RUTHERFORD) and ANTONIO SERVIDIO, were MERS

members and/or co-conspirators as alleged herein and /or knew or should have known

that MERS was not a proper beneficiary.

136. Upon information and belief, the parties who purchased the properties of

PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO JIMENEZ-GRANADOS,

JAMI D. MCHENRY and STEVEN W. WALLACE, GILBERTO J. MENDOZA AND

GABRIELLE MENDOZA, PAMELA PENNY (aka PAMELA RUTHERFORD), and

ANTONIO SERVIDIO were not bona fide purchasers for value.

137. The Defendants or alleged purchasers have recorded these deeds and have

or will attempt to eject the Plaintiffs PETER M. BEEKHOFF, VALERIE R. BRANCA,

CASIMIRO JIMENEZ-GRANADOS, JAMI D. MCHENRY and STEVEN W. WALLACE,

GILBERTO J., GILBERTO J. MENDOZA AND GABRIELLE MENDOZA, PAMELA

PENNY (aka PAMELA RUTHERFORD), and ANTONIO SERVIDIO from their

properties.

(Facts as to all other Plaintiffs) LACY J. DALTON, NELLIE AGUILAR and

ZENAIDO JACINTO, DEAN ANDERSON, EMILY ANDREWS, JOSE AURELIO

APOLINAR, JESUS L. AREVALO, RICHARD AUFIERO AND SYLVIA T.

AUFIERO, CHRISTOPHER L BALLENGEE and SAMANTHA P. ANDERSON,

RICHARD and LESLIE BEAUCHEMIN, PETER M. BEEKHOFF, JAMES V.

BELL, JUSTIN and NANCY E. BENNETT, RALPH D. and SALLY K. BENZLEY,

VALERIE R. BRANCA, RAMIRO M. BRENES and AURELIO APOLINAR-



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LOPEZ, BETTY J. BURSON, HARRY R. COUSINS, DAVID DOUGLAS and KAY

DAHL, CHARLES A. and KIMBERLY A. DIMINO, DIMITRI O. DINTCHEV,

MICHAEL E. EPPS, DARRYL J. and VIVIAN M. FEEMSTER, CASIMIRO

JIMENEZ GRANADOS, JONI ANN HAMMITT (aka JONI ANN KROPF), GARY

W. HEMBREE, DAVID HUTLER, NEIL A. JOHNSON, HOLLY A. KINNEY,

JAMES M. and TERESA R. KOSCHELLA, MARIA R. LEONARD, JENNIFER

LOPEZ, (aka JENNIFER MENDOZA), JOHN V. and RONICA LYNCH, BRIAN

and LAWRENCE D. McKAY, MICHAEL MCKEON, WILFREDO and AGNES

MARIANO, JOHN and BIANCA MASON, JEAN MERKELBACH and CHAD

SMITTKAMP, CHRISTOPHER L. NELSON, GARY A. NEWTON, PAMELA

PENNY (aka PAMELA RUTHERFORD) and PHIL RUTHERFORD, NORMA

PIZZUTO and DARREN DISMUKE, WOJCIECH and MARIOLA POLANSKI,

RANDALL H. and JUNE ANN RES, CHARIS K. and TODD C. ROBERTS,

NIGEL RUDIN, SALLY SERVIDIO, JASWINDER SINGH and VARINDER

SINGH KAUR, KIM M. THOMPSON, HELEN T. THOMPSON and GABRIELLE

C. THOMPSON (aka GABRIELLE C. MCELROY), DIMITRITZA

TOROMANOVA, LENORA M. and JOSEPH T. VAETH, LAURO C. and

YESENIA VIZCARRA.)

138. The Plaintiffs named just above have deeds of trust with MERS named as

the beneficiary or the nominee for the lender as follows:

a. LACY J. DALTON executed a Deed of Trust and a note for

$600,000 with American Home Mortgage Acceptance, Inc. on June

18, 2007 in the amount of $600,000.00 for her residence located at

820 Cartright Rd., in the Virginia Highlands. The deed of trust listed



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MERS as the beneficiary. Upon information and belief, EMC was later

substituted as servicer, at a time known to the Defendant EMC. The

Plaintiff can no longer pay the payments and the property is worth less

than the note.

b. NELLIE AGUILAR and ZENAIDO JACINTO executed a Deed of

Trust and a note with First Franklin as the lender and MERS as the

beneficiary for $158,000 on December 20, 2006 on their property at

1895 E. 10th St., Reno, Nevada. The property was declared in default

by First Franklin and a sale date was set for March 5, 2009. First

Franklin told the Plaintiffs that the note could be modified, but the

Defendant has failed and refused to modify the note so that the

Plaintiffs can keep the payments current. The foreclosing entity is Cal-

Western Reconveyance Corporation.

c. DEAN ANDERSON executed a deed of trust on his property at 835

Sunny Lane, Fernley, Nevada, on May 2, 2007 with Summit Funding,

Inc. for $357,500 and MERS as the beneficiary. Upon information and

belief, America’s Servicing Co. became the servicer at a time known to

the Defendants.

Anderson also executed a Deed of Trust on his property located at

865 Sunny Lane, Fernley, Nevada, on May 2, 2007 with Summit

Funding Inc, for $345,000 and MERS as the beneficiary. Upon

information and belief, America’s Servicing Co. became the servicer

at a time known to the Defendants.



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775 Sunny Lane, Fernley, Nevada on May 2, 2007 with Summit

Funding, Inc. for $357,500 and MERS as the beneficiary. Upon

information and belief, Midland Mortgage became the servicer at a

time known to the Defendants.


810 Sunny Lane, Fernley, Nevada on November 15, 2007 with

Countrywide Bank, FSB for $350,000 and MERS as a beneficiary.

Upon information and belief, Bank of America became the servicer at

a time known to the Defendants.

d. EMILY ANDREWS executed a deed of trust on her property at 835

Stanton Lane, Fernley, Nevada on December 20, 2005 with

Countrywide Home Loans, Inc. for $185,000 and MERS as the

beneficiary. Upon information and belief, Countrywide became the

servicer at at a time known to the Defendants. The foreclosing entity is

Recontrust Company.

e. JOSE AURELIO APOLINAR executed a deed of trust on his property

at 5202 Simons Dr., Reno, Nevada on January 19, 2007 with

American Brokers Conduit for $312,000 and MERS as the beneficiary.

Upon information and belief, American Brokers Conduit became the

servicer at a time known to the Defendants.

f. JESUS L. AREVALO executed a deed of trust on his property at 4322

Oasis Valley Avenue, North Las Vegas, Nevada on December 8, 2006

with Countrywide Home Loans, Inc for $279,620 and MERS as the



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servicer at a time known to the Defendants. The foreclosing entity is

Recontrust Company.

g. RICHARD AUFIERO and SYLVIA T. AUFIERO executed a deed of

trust on their property at 6648 Chula Vista Court, Sparks, Nevada on

May 23, 2006 with Affiliated Funding Corporation for $727,500 and

MERS as the beneficiary. Upon information and belief, Bank of

America became the servicer at a time known to the Defendants.

h. CHRISTOPHER L BALLENGEE and SAMANTHA P. ANDERSON

executed a deed of trust on their property at 7013 Voyage Drive,

Sparks Nevada on August 28, 2007 with Suntrust Mortgage, Inc. for

$384,096 and MERS as the beneficiary. Upon information and belief,

Suntrust became the servicer at a time known to the Defendants. The

foreclosing entity is Aztec Foreclosure Corporation.

i. RICHARD BEAUCHEMIN and LESLIE BEAUCHEMIN executed a

deed of trust on their property at 3220 Cartwright Road, Virginia City

Highlands, Nevada on September 8, 2006 with American Broker’s

Conduit for $536,000 and MERS as the beneficiary. Upon

information and belief, Bank of America became the servicer at a time

known to the Defendants.

j. PETER M. BEEKHOFF executed a deed of trust on his property at 34

Conner Way, Gardnerville, Nevada on June 22, 2009 with First

Horizon Home Loan Corp. for $210,000 and MERS as the beneficiary.

Upon information and belief, First Horizon became the servicer at a



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time known to the Defendants. The foreclosing entity is Quality Loan

Service Corp.

Beekhoff also executed a deed of trust on his property at 1377 Brooke

Way, Gardnerville, Nevada on October 18, 2006, with First Horizon

Home Loan Corp. for $241,5000 and MERS as the beneficiary on

October 18, 2006. Upon information and belief, First Horizon

became the servicer at a time known to the Defendants. The

foreclosing entity is Quality Loan Service Corp.

Beekhoff also executed a deed of trust on his property at 1125 Miller

Street, Reno, Nevada on April 25, 2005, with First Horizon Home

Loan Corp., for $560,000 and MERS as the beneficiary on April 25,

2005. Upon information and belief, First Horizon became the

servicer at a time known to the Defendants.

k. JAMES V. BELL executed a deed of trust on his property at 523 West

11th Street, Reno, Nevada on November 20, 2006, with MLSG, Inc.,

for $229,520 and MERS as the beneficiary. Upon information and

belief, Wells Fargo became the servicer at a time known to the

Defendants. The foreclosing entity is National Default Servicing

Corporation.

l. JUSTIN BENNETT and NANCY E. BENNETT executed a deed of trust

on their property at 705 Sageview Court, Sparks, Nevada on April 19,

2009 with Chase for $223,000 and MERS as the beneficiary. Upon

information and belief, Sierra Mortgage became the servicer at a time




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m. RAMIRO M. BRENES and AURELIO APOLINAR-LOPEZ, executed a

deed of trust on their property at 1105 Silvercrest Circle, Reno, Nevada

on March 24, 2009, with Summit Funding, Inc., (FHA), for $358,754

and MERS as the beneficiary. Upon information and belief, Sierra

Mortgage became the servicer at a time known to the Defendants.

n. BETTY J. BURSON, executed a deed of trust on her property at 710

Blue Skies Drive, Sparks, Nevada on November 20, 2006 with Sierra

Pacific Mortgage Co., Inc., for $228,000 and MERS as the beneficiary.

Upon information and belief, Countrywide became the servicer at a


o. KAREN L. CELONE, executed a deed of trust on her property on 14155

Quiet Meadow Court, Reno, Nevada on March 11, 2006 with

Countrywide Bank, FSB for $612,00 and MERS as the beneficiary.

Upon information and belief Bank of America became the servicer at a


p. HARRY R. COUSINS, executed a deed of trust on his property at 700

West Plumb Lane, Reno, Nevada on December 28, 2005 with First

Magnus Financial Corp., for $212,000 and MERS as the beneficiary.

Upon information and belief, Chase became the servicer at a time known

to the Defendants. The foreclosing entity is California Reconveyance

Company.

q. DAVID DOUGLAS DAHL and KAY DAHL, executed a deed of trust on

their property at 1154 Harbor Cove, Sparks, Nevada on May 16, 2006,

with Sierra Pacific Mortgage Co., Inc., for $424,000 and MERS as the



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beneficiary. Upon information and belief, Citimortgage became the

servicer at a time known to the Defendants. The foreclosing entity is CR

Title Services, Inc.

The Dahls also executed a deed of trust on their property at 1152

Harbour Cove, Sparks, Nevada on September 18, 2006 with First

Horizon Home Loan Corp., for $386,250 and MERS as the beneficiary.

Upon information and belief Bank of America became the servicer at a


They also executed a deed of trust on their property at 1199 Harbour

Cove, Sparks, Nevada on January 26, 2007, with Sierra Pacific Mortgage

Co., Inc., for $644,000 and MERS as the beneficiary. Upon information

and belief, First Horizon became the servicer at a time known to the

Defendants.

r. CHARLES A. DIMINO and KIMBERLY A. DIMINO, executed a deed

of trust on their property at 1142 Harbour Cove Court, Sparks, Nevada on

October 20, 2006, with Stearns Lending, Inc., in the amount of $125,000

and MERS as the beneficiary. Upon information and belief, Countrywide

became the servicer at a time known to the Defendants.

s. DIMITRI O. DINTCHEV, executed a deed of trust on his property at

6401 Peavine Hills Avenue, Reno, Nevada on November 3, 2006, with

Southstar Funding, in the amount of $560,000 and MERS as the

beneficiary. Upon information and belief, EMC Corporation became the

servicer at a time known to the Defendants. The foreclosing entity is

Quality Loan Service Corp.



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t. MICHAEL T. EPPS, executed a deed of trust on his property at 946

Dresslerville Road, Gardnerville, Nevada on July 26, 2007, with Castle

Point Mortgage, Inc., in the amount of $342,000 and MERS as the

beneficiary on July 26, 2007. Upon information and belief, Castle Point

Mortgage, Inc. became the servicer at a time known to the Defendants.

The foreclosing entity is Recontrust Company.

u. DARRYL J. FEEMSTER and VIVIAN M. FEEMSTER, executed a deed

of trust on their property at 680 Winston Drive, Reno, Nevada on May

25, 2006, with Quick Loan Funding in the amount of $175,000 and

MERS as the beneficiary. Upon information and belief, Chase became

the servicer at a time known to the Defendants.

v. CASIMIRO JIMENEZ GRANADOS, executed a deed of trust on his

property at 1580 Trainer Way, Reno, Nevada on April 16, 2007, with

Lehman Brothers Bank, FSB, in the amount of $250,000 and MERS as

the beneficiary. Upon information and belief, Aurora Home Mortgage

became the servicer at a time known to the Defendants. The foreclosing

entity is Cal-Western Reconveyance Corporation.

w. JONI ANN HAMMITT (aka KROPF), executed a deed of trust on her

property on 7830 Opal Station Drive, Reno, Nevada, on November 7,

2005, with in the amount of $63,000 and MERS as the beneficiary.

Upon information and belief, Wells Fargo became the servicer at a time


x. GARY W. HEMBREE, executed a deed of trust on his property at 644,

646, 648 and 650 Leslie Court, Fallon, Nevada on May 10, 2007, with



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Summit Funding, Inc., in the amount of $347,000 and MERS as the

beneficiary. Upon information and belief, the America’s Servicing

Company became the servicer at a time known to the Defendants. The

foreclosing entity is National Default Servicing Corporation.

HEMBREE also executed a deed of trust on his property at 680, 682,

684 and 686 Leslie Court, Fallon, Nevada on May 10, 2007, with

Summit Funding, Inc., in the amount of $349,000 and MERS as the

beneficiary. Upon information and belief, the America’s Servicing

Company became the servicer at a time known to the Defendants. The



693 and 691 Leslie Court, Fallon, Nevada on August 8, 2008, with

Countrywide Home Loans, Inc, in the amount of $362,000 and MERS

as the beneficiary. Upon information and belief, Bank of America

became the servicer at a time known to the Defendants.

HEMBREE also executed a deed of trust on his property at 700 Starlite

Drive, Fernley, Nevada on May 13, 2005, with Silver State Financial

Services, dba Silver State Mortgage, in the amount of 290,000 and

MERS as the beneficiary. Upon information and belief, America’s

Servicing Corp. became the servicer at a time known to Defendants.


Drive, Fernley, Nevada on July 14, 2005, with Silver State Financial

Services, dba Silver State Mortgage in the amount of $297,500 and



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MERS as the beneficiary. Upon information and belief, Central

Mortgage Co., became the servicer at a time known to Defendants.





Servicing Co., became the servicer at a time known to Defendant.





Servicing Co., became the servicer at a time known to Defendants.



Countrywide Bank, FSB, in the amount of $340,000 and MERS as the

beneficiary. Upon information and belief, Bank of America became the

servicer at a time known to Defendants.


Drive, Fernley, Nevada on July 19, 2005, with Silver State Financial




HEMBREE also executed a deed of trust on his property at 605 Leslie

Court, Fallon, Nevada on July 14, 2005, with Silver State Financial



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Countrywide Bank, FSB in the amount of $340,000 and MERS as the





Countrywide Bank FSB in the amount of $340,000 and MERS as the



y. DAVID HUTLER, executed a deed of trust on his property at 2091

Lousetown Road, Reno, Nevada on December 14, 2007, with Wilson

Resources, Inc., in the amount of $464,000 and MERS as the

beneficiary on December 14, 2007. Upon information and belief, Bank

of America became the servicer at a time known to Defendants. The

foreclosing entity is Recontrust Company.

z. NEIL M. JOHNSON, executed a deed of trust on his property at 8080

Highland Flum Circle, Reno, Nevada on March 13, 2006, with First

Magnus Financial Corp., in the amount of $392,000 and MERS as the

beneficiary. Upon information and belief, Countrywide/Bank of



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America became the servicer at a time known to Defendants. The


aa. HOLLY A KINNEY, executed a deed of trust on her property at 3251

San Simeon Court, Reno, Nevada on October 26, 2005, with U.S

Financial Mortgage Corp., in the amount of $279,600 and MERS as

the beneficiary. Upon information and belief, Aurora became the

servicer at a time known to Defendants. The foreclosing entity is The

Cooper Castle Law Firm, LLP.

bb. JAMES M. KOSHELLA and TERESA R. KOSHELLA, executed a

deed of trust on their property at 3890 Peregrine Circle, Reno, Nevada

on March 26, 2008, with Countrywide Bank, FSB in the amount of


Bank of America became the servicer at a time known to Defendants.


cc. MARIA R. LEONARD, executed a deed of trust on her property at 752

E. Peak Lane, Gardnerville, Nevada on May 17, 2007, with

Countrywide Home Loans, Inc., in the amount of $262,400 and MERS

as the beneficiary on May 17, 2007. Upon information and belief,

Countrywide became the servicer at a time known to Defendants.

dd. JENNIFER LOPEZ, aka JENNIFER MENDOZA, executed a deed of

trust on her property at 5010 Coggins Road, Reno, Nevada on June 19,

2008, with First Magnus Financial Corp. in the amount of $284,460

and MERS as the beneficiary. Upon information and belief,



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Countrywide became the servicer at a time known to Defendants. The

foreclosing entity is ReconTrust Company.

ee. JOHN V. LYNCH and RONICA LYNCH, executed a deed of trust on

their property at 638 Clydesdale Court, Gardnerville, Nevada on

September 24, 2007, with First Horizon Home Loans in the amount of


First Horizon, Met Life became the servicer at a time known to

Defendants. The foreclosing entity is Quality Loan Service Corp.

ff. BRIAN MCKAY and LAWRENCE D. MCKAY, executed a deed of trust

on their property at 4329 Clearwood Drive, Reno, Nevada on

February 1, 2008, with DHI Mortgage Company, Ltd., in the amount

of $358,710 and MERS as the beneficiary. Upon information and

belief, Wells Fargo Mortgage became the servicer at a time known to

Defendants. The foreclosing entity is National Default Servicing

Corporation.

gg. MICHAEL MCKEON, executed a deed of trust on his property at 1418

Purple Sate Drive, Reno, Nevada on March 21, 2008, with Mortgage

Investors Group in the amount of $272,500 and MERS as the

beneficiary. Upon information and belief, Bank of America became

the servicer at a time known to Defendants. The foreclosing entity is

Recontrust Company.

hh. WILFREDO MARIANO AND AGNES MARIANO, executed a deed of

trust on their property at 2926 E. Nashua Place, Sparks, Nevada, on

October 25, 2005, with Countrywide Home Loans, Inc., in the amount



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of $384,000 and MERS as the beneficiary. Upon information and

belief, Bank of America became the servicer at a time known to

Defendants. The foreclosing entity is ReconTrust.

ii. JOHN MASON and BIANCA MASON, executed a deed of trust on

their property at 1200 W. Holcomb Lane, Reno, Nevada, on November

25, 2005, with Countrywide Home Loans, Inc., in the amount of

$3,000,000 and MERS as the beneficiary. Upon information and

belief Bank of America became the servicer at a time known to

Defendants. The foreclosing entity is ReconTrust Company.

jj. GILBERT J. MENDOZA and GABRIELA T. MENDOZA, executed a

deed of trust on their property at 6370 Saginaw Court, Sun Valley,

Nevada on January 13, 2006, with Home Mortgage Direct Lenders in

the amount of $283,500 and MERS as the beneficiary. Upon

information and belief, Option One became the servicer at a time

known to Defendants. The foreclosing entity is T.D. Service Company,

Agent for AHMSI Default Services, Inc.

kk. JEAN MERKELBACH, executed a deed of trust on her (with her ex-

husband who no longer has an interest in the property) property at

2190 Lands End Rd., Glennbrooke, Nevada on November 28, 2005

with Citimortgage, Inc., in the amount of $2,643,000 and MERS as the

beneficiary on November 28, 2005. Upon information and belief,

Citimortgage became the servicer at a time known to the Defendant.

The foreclosing entity is CR Title Services.



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ll. CHRISTOPHER L. NELSON, executed a deed of trust on his property

at 830 Alena Way, Sparks, Nevada, on June 26, 2009, with Diablo

Funding Group, in the amount of $248,00 and MERS as the



mm. GARY A NEWTON, executed a deed of trust on his property at

1125 Harbour Cove Court, Sparks, Nevada on May 10, 2007, with

Sierra Pacific Mortgage, Inc., in the amount of $630,000 and MERS as

the beneficiary. Upon information and belief, America’s Servicing

Company became the servicer at a time known to Defendants. The


NEWTON also executed a deed of trust on his property at 1113

Harbour Cove Court, Sparks, Nevada, on May 16, 2005, with Stearns

Lending, Inc., in the amount of $480,000 and MERS as the

beneficiary. Upon Information and belief, Bank of America became


National Default Servicing Corporation.

nn. PAMELA PENNY (aka PENNY RUTHERFORD) and PHIL

RUTHERFORD, executed a deed of trust on their property at 4030

Citrus Street, Silver Springs, Nevada, on February 6, 2008, with Land

Home Financial Services, Inc., in the amount of $198,404 and MERS

as the beneficiary. Upon information and belief, Countrywide became

the servicer at a time known to Defendants.



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oo. NORMA PIZZUTO and DARREN DISMUKE, executed a deed of trust

on their property at 3654 Winner Dr., Las Vegas, Nevada on May 25,

2007, with First Horizon Home Loans in the amount of $150,000 and

MERS as the beneficiary. Upon information and belief, Countrywide

became the servicer at a time known to Defendants.

pp. WOJCJECH POLANSKI and MARIOLA POLANSKI, executed a deed

of trust on their property at 10562 Thistle Berry Court, Reno, Nevada,

on February 27, 2007, with Countrywide Bank, NA, in the amount of


Countrywide Home Loans became the servicer at a time known to

Defendants. The foreclosing entity is Recontrust Company.

qq. RANDALL H. and JUNE ANN REES, executed a deed of trust on

their property at 900 S. Meadows Parkway, Apartment 5221, Reno,

Nevada, on August 17, 2006, with Soma Financial, in the amount of


Bank of America became the servicer at a time known to Defendants.


rr. CHARISE K. and TODD C. ROBERTS, executed a deed of trust on

their property at 3979 Kentwood Court, Reno, Nevada, with The

Mortgage Depot, Inc., in the amount of $289,275 and MERS as the

beneficiary on August 23, 2007. Upon information and belief,

Citimortgage became the servicer at a time known to Defendants.

The foreclosing entity is Citimortgage.



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uu. NIGEL RUDLIN executed a deed of trust on their property at 821

Geraldine Drive, Reno, Nevada, on August 10, 2005, with Diablo

Funding Group in the amount of $650,000 and MERS as the

beneficiary. Upon information and belief, Bank of America became


Recontrust Company.

ss. EFRAIN DELAROSA SALDANA executed a deed of trust on their

property at 1254 Mountain Rose Drive, Fernley, Nevada, on February

8, 2007, with The Mortgage House Inc. in the amount of $199,000

and MERS as the beneficiary. Upon information and belief, Bank of



tt. ANTONIO SERVIDIO executed a deed of trust on his property at

2150 Sutro Street, Building B, Reno, Nevada on April 12, 2006, with

First Magnus Financial Corp. the amount of $402,500 and MERS as

the beneficiary. Upon information and belief, Countrywide Home

Loans became the servicer at a time known to Defendants. The

foreclosing entity is California Reconveyance Company. Servidio also

executed a deed of trust on his property at 3932 Antinori Drive, Reno,

Nevada on March 27, 2006, with Realty Mortgage Corporation in the

amount of $228,000 and MERS as the beneficiary. Upon

information and belief, Countrywide Home Loans became the

servicer at a time known to Defendants. The foreclosing entity is

Recontrust Company. Servidio also executed a deed of trust on his



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property at 6696 Sportoletti Drive, Reno, Nevada on February 10,

2006, with Greenpoint Funding Mortgage Inc. in the amount of

$232,000 and MERS as the beneficiary. Upon information and

belief, Homecomings Financials became the servicer at a time known

to Defendants. The Foreclosing entity is Executive Trustee Services,

LLC. Servidio also executed a deed of trust on his property at 6696

Sportoletti Drive, Reno, Nevada on March 24, 2006, with Realty

Mortgage Corporation in the amount of $228,000 and MERS as the

beneficiary on March 243, 2006. Upon information and belief,


Defendants. The Foreclosing entity is Recontrust Company.

Servidio also executed a deed of trust on his property at 2750 Plumas

Street #102, Reno, Nevada on August 2, 2005, with First Magnus

Financial Corp. in the amount of $108,000 and MERS as the

beneficiary. Upon information and belief, Countrywide Home Loans

became the servicer at a time known to Defendants. The foreclosing

entity is Recontrust Company. He also executed a deed of trust on

his property at 2495 Tuscan, Sparks, Nevada on June 20, 2005, with

First Magnus Financial Corp. in the amount of $450,000 and MERS

as the beneficiary. Upon information and belief, Countrywide Home


foreclosing entity is Recontrust Company. He also executed a deed

of trust on his property at 6689 N. Latour Drive, Reno, Nevada on

February 10, 2006, with Mortgageit, Inc. in the amount of $248,000



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and MERS as the beneficiary on February 10, 2006. Upon

information and belief, Homecomings Financials became the servicer

at a time known to Defendants. The foreclosing entity is Quality Loan

Service Corp. Servidio also executed a deed of trust on his property at

2643 Roseto Circle, Sparks, Nevada on January 30, 2006, with

Greenpoint Funding Mortgage Inc. in the amount of $356,000 and

MERS as the beneficiary. Upon information and belief, GMAC


entity is Executive Trustee Services, LLC. Servidio also executed a

deed of trust on his property at 703 Shadown Lane, Fernley, Nevada

on February 28, 2006, with Mortgageit, Inc. in the amount of



Defendants. The foreclosing entity is Recontrust Company.

Servidio also executed a deed of trust on his property at 710 Shadow

Lane, Fernley, Nevada on February 28, 2006, with Mortgageit, Inc.

in the amount of $161,000 and MERS as the beneficiary. Upon



Recontrust Company. Servidio also executed a deed of trust on his

property at 714 Shadown Lane, Fernley, Nevada on February 28,

2006, with Mortgageit, Inc. in the amount of $161,000 and MERS as

the beneficiary. Upon information and belief, Countrywide Home



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uu. SALLY SERVIDIO executed a deed of trust on her property at 2150

Sutro, Building A, Reno, Nevada on May 12, 2005, with Countrywide

Home Loans, Inc. in the amount of $392,000 and MERS as the

beneficiary. Upon information and belief, Countrywide Home Loans


entity is Recontrust Company. She also executed a deed of trust on

her property at 2150 Sutro, Building C, Reno, Nevada on May 12,

2005, with Countrywide Home Loans, Inc. in the amount of

$392,000 and MERS as the beneficiary on May 12, 2005. Upon



Recontrust Company.

vv. JASWINDER SINGH and VARINDER KAUR executed a deed of

trust on their property at 1101 Harbour Cove Court, Sparks, Nevada

on August 12, 2007, with Countrywide Home Loans, Inc. in the

amount of $556,000 and MERS as the beneficiary. Upon



ww. KIP M. THOMPSON, HELEN T. THOMPSON and

GABRIELLE C. THOMPSON executed a deed of trust on their

property at 1388 Boardwalk Place, Sparks, Nevada on January 20,

2006, with Countrywide Home Loans, Inc. in the amount of $246,400



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KIP M. THOMPSON and HELEN T. THOMPSON also executed a deed

of trust on their property at 6350 Black Deer Court, Sparks, Nevada,

on April 7, 2006, with SOMA FINANCIAL in the amount of $462,000


America became the servicer at a time known to Defendants.

xx. DIMITRITZA TOROMANOVAN executed a deed of trust on her

property at 145 Harmon Avenue #519, Las Vegas, Nevada on July 26

2006, with Soma Financial in the amount of $340,000 and MERS as

the beneficiary. Upon information and belief, ASC/Wells Fargo

Home Loans became the servicer at a time known to Defendants. The

foreclosing entity is National Default Servicing Corp. She also

executed a deed of trust on her property at 4174 Jaquline Way, Las

Vegas, Nevada, on May 12, 2006, with Paragon Home Lending, LLC

in the amount of $225,000 and MERS as the beneficiary. Upon

information and belief, Bank of America became the servicer at a time

known to Defendants. She also executed a deed of trust on her

property at 10343 Ednor Court, Las Vegas, Nevada, on March 31,

2004, Greenpoint Funding Mortgage Inc. in the amount of $168,000

and MERS as the beneficiary on March 31, 2004. Upon information

and belief, Chase became the servicer at a time known to Defendants.

She also executed a deed of trust on her property at 8160 Finch



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Feather, Las Vegas, Nevada, on May 7, 2004, with Countrywide

Mortgage Group in the amount of $160,350 and MERS as the

beneficiary. Upon information and belief, Citimortgage became the

servicer at a time known to Defendants. She also executed a deed of

trust on her property at 1708 Cordoba Lane, Las Vegas, Nevada, on

August 7, 2003, with Lehman Brothers Bank, FSB in the amount of


Aurora Loans became the servicer at a time known to Defendants.

yy. LENORA M. and JOSEPH T. VAETH executed a deed of trust on

their property at 425 Dartmoor Court, Reno, Nevada, on December

22, 2006, with Countrywide Home Loans, Inc. in the amount of

$356,000 and MERS as the beneficiary. Upon information and

belief, Bank of America became the servicer at a time known to

Defendants.

zz. LAURO C. and YESENIA VIZCARRA executed a deed of trust on their

property at 2240 Tripp Drive, Reno, Nevada, on December 6, 2006,

with Equifirst Corporation in the amount of $204,000 and MERS as

the beneficiary. Upon information and belief, America’s Servicing

Company became the servicer at a time known to Defendants. The


(Wrongful Foreclosure)

FIRST CLAIM FOR RELIEF

(As to Defendants servicers and foreclosers)



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139. Plaintiffs incorporate each and every paragraph of this Complaint as if fully

set forth in this claim.

140. An assignment of an obligation under a mortgage, the note, operates as an

assignment of the mortgage.

141. The assignment of the obligations or notes of the Plaintiffs to the investors by

way of mortgage backed securities resulted in a co-mingling of the notes and no interest in

the note or deed of trust was retained by the lender or by MERS as beneficiary or nominee

of the lender.

142. The obligations of the Plaintiffs on which the Defendants have declared a

default were discharged when the investors in the mortgage backed securities claims were

paid as a result of over-collateralization of the obligations and/or credit default swaps

and/or federal bailout funds and other monies paid to the investors who owned the notes

and obligations and/or to the Defendants or bank holding companies who disbursed the

monies in such fashion as to extinguish the obligations of Plaintiffs to repay the monies

they borrowed which are at issue herein.

143. Neither the investors in the mortgage backed securities nor any other entity

or person who had a right to payment from the borrowers or was a beneficiary under the

deeds of trust ever declared a default of the notes executed by Plaintiffs.

144. No true beneficiary under the deed of trust ever declared a default under the

note and deed of trust.

145. No true and no beneficiary under the deed of trust ever directed a sale of any

of the properties owned by Plaintiffs in which MERS is named as beneficiary or nominee

of the beneficiary/lender at issue in this action.



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146. The servicers of the notes have no contract with the Plaintiffs, no investment

in the mortgage backed securities, and no right to declare a default on the note and the

allegations by the servicers including the Defendants herein in the notices of default and

election to sell the Plaintiffs’ properties. Therefore, any statement that “the beneficiary

has declared a default and directed that the property be sold” is not true, and the

Defendant servicers who have made that false representation knew or should have known

at the time each and every such notice was executed, mailed and recorded that those

allegations were false.

147. Foreclosure against the properties of the Plaintiffs cannot commence without

a written declaration of default and direction to the trustee to sell the property made by

the persons or entities to whom the obligation under the notes are owed.

148. After the debts on the notes were discharged to the investors, the

assignments of the deeds of trust and notes, the designations of substitute trustees and

substitute beneficiaries, the declarations of default and directions to sell the properties,

the notices of default and election to sell, the notices of sale and the foreclosure sales were

nullities and transferred nothing to the entities now seeking to foreclose on the Plaintiffs’

properties or claiming to own the Plaintiffs’ properties as bank REO’s.

149. No person or entity with any legal right to declare a default and direct a sale

on any of the Plaintiffs’ notes and/or deeds of trust naming MERS as beneficiary or

nominee of the beneficiary/lender ever declared a default and directed a sale of any such

property of Plaintiffs herein.

150. As a direct and proximate result of the unlawful and wrongful

commencement and advancement of foreclosure proceedings by Defendants complained

of herein, the Plaintiffs who have been subjected to such actions by Defendants have



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suffered damages, including, without limitation, economic damages, severe and disabling

psychological and physical pain and suffering, humiliation, embarrassment, damage to

credit and other damages as alleged herein.

151. Plaintiffs have been required to retain counsel and expend costs to prosecute

this claim for relief.

SECOND CLAIM FOR RELIEF

(Unjust Enrichment)

(As to Defendants Securitizers and Servicers)



153. Defendants’ deceptive scheme as alleged herein unjustly enriched

Defendants, and each of them, to the detriment of Plaintiffs, and similarly situated class

members, by causing Defendants, and each of them, to receive monetary payments from

Plaintiffs and the class members and money to which Defendants were not entitled

because the Defendants did not fund the loans of the Plaintiffs.

154. Specifically, Plaintiffs and class members have been injured in the property

and right to peaceful enjoyment of their primary residence in a variety of ways, including

but not limited to: All borrowers who were targeted for and lured into the mortgages sold

by Defendants were handicapped in understanding the terms of those loans. This

constituted a misrepresentation that caused Plaintiffs to make their monthly payments

from the cash that represented the equity in their home to the Defendants. Moreover,

upon information and belief, the variety of additional and separate payments charged for

services and other items tangential to the loan were prohibitive. The result is that



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Plaintiffs, and each class member, assumed financial burdens that they would not

otherwise have assumed, and paid Defendants funds to which the Defendants were not

entitled nor owed.

155. The loans made to Plaintiffs and to each class member were then

repackaged, reassigned, and/or resold, each with a margin of profit for the assignee/buyer

that would not otherwise have existed had Plaintiffs and all other members of the class

not been deceived by the original terms of the loan and/or the lack of disclosures as

alleged herein. Likewise Plaintiffs would not have continued to make payments on the

loans if the Defendants had properly disclosed the discharge of the obligations on the

notes to the investors.

156. Plaintiffs and each class member have paid or continue to pay an inflated

interest rate that, upon information and belief, would not have been agreed to but for the

failure to understand the documents and otherwise disclose the true terms and costs of

the loans, tangential services, and out-of-pocket costs.

157. Upon information and belief, Defendants, and each of them, retained and

continue to retain these ongoing and escalating profits to the detriment of Plaintiffs and

each class member, contrary to the fundamental principals of fairness, justice, and good

conscience.

158. Upon information and belief, all payments made to the Defendants servicing

the Plaintiffs’ mortgages are not due to the Defendants who are or were making demands

for collection.

159. The Defendants who have serviced the loans of the Plaintiffs did not fund

the loans, did not loan any money to the Plaintiffs, and are not holders in due course of

the notes of the Plaintiffs and have no lawful right to foreclose upon Plaintiffs’ homes if



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Plaintiffs do not make the payments according to the notes that were executed by

Plaintiffs at the time the loans were received.

160. Upon information and belief, all sums advanced to Plaintiffs for loans by

investors have been repaid, settled, satisfied or otherwise are no longer outstanding.

161. Plaintiffs have no contract with the Defendants and Defendants hold no

contract rights that constitute an obligation from the Plaintiffs.

162. Accordingly, Defendants, and each of them, should be ordered to return all

funds obtained as a result of their deceptive scheme to Plaintiffs and class members.

THIRD CLAIM FOR RELIEF

(Conspiracy to Commit Wrongful Foreclosure by Creation, Operation,

and Use of the MERS System)

(As to Defendants MERSCORP, Inc., MERS, Inc., Freddie Mac, Fannie Mae,

GMAC Mortgage, L.L.C., National City Mortgage, J.P. Morgan Chase Bank,

N.A., CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage

Corporation, U.S.A., Wells Fargo Bank, N.A., GE Money Bank, Bank of

America, N.A., United Guaranty Corporation, PNC Financial Services Group,

Inc., National City Corporation, National City Bank, LaSalle Bank, and

Merrill Lynch)

163. Plaintiffs incorporate by this reference each and every paragraph of this

Complaint as if set forth fully herein.

164. Upon information and belief, Defendants MERSCORP, Inc., MERS, Inc.,

Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C., J.P. Morgan Chase Bank, N.A.,

CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage Corporation, Wells

Fargo Bank, N.A., GE Money Bank, Bank of America, N.A., United Guaranty Corporation,



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PNC Financial Services Group, Inc., National City Corporation, National City Bank,

LaSalle Bank, and Merrill Lynch (hereinafter in this Third Claim for Relief collectively

referred to for purposes of this Third Claim as the “Defendant conspirators”), and each of

them, did knowingly and willfully conspire and agree among themselves to engage in a

conspiracy to promote, encourage, facilitate and actively engage in wrongful foreclosures

perpetrated on Plaintiffs as alleged herein and the actions of the Defendant conspirators

were taken as part of the business policies and practices of each Defendant conspirator in

participating in the MERS system.

165. The MERS system was known by Defendant conspirators as being used by

the Defendant co-conspirators named in the First Claim for relief to facilitate the wrongful

foreclosures complained of herein.

166. Specifically, the MERS system was designed to remove the need for

recordation of transfers of deeds of trust as alleged herein. This component of the design

of the MERS System facilitated the wrongful foreclosures complained of herein by making

it easier to transfer the purported beneficial interest in a deed of trust and to appoint a

trustee for the purpose of foreclosing on a property, despite the fact that the deed of trust

no longer provided security for a note as a result of the note having been separated from

the deed of trust as alleged herein.

167. The MERS system does not track the transfer of the note.

168. The MERS system does not track the identity of the holder of the note.

169. Upon information and belief, the Defendant conspirators are or have been

creators and/or directors of MERSCORP, Inc., MERS, Inc. and/or members of the MERS

system, and, as to Defendant conspirators, Freddie Mac, Fannie Mae, GMAC Mortgage,

L.L.C., National City Mortgage, and J.P. Morgan Chase Bank, N.A., have, through their



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employees and agents, served as members of the Board of Directors of MERSCORP, Inc.

and/or MERS, Inc., and participated in the design and coordination of the MERS system

described in this complaint.

170. Defendants’ participation as shareholders, directors, operators, or members

of MERSCORP, Inc. and/or MERS, Inc. are as follows:

a. Defendants J.P. Morgan Chase Bank, CitiMortgage, Inc., Countrywide Home

Loans, Inc., Fannie Mae, Freddie Mac, Merrill Lynch, United Guaranty Corporation, and

Wells Fargo Bank, N.A. are each Shareholders of MERSCORP, Inc.

b. MERSCORP, Inc. is the operating company that owns and operates the

MERS System described herein, and is the parent company of Mortgage Electronic

Registration Systems, Inc. (“MERS, Inc.”).

c. Defendants Freddie Mac, MERSCORP, Inc., National City Mortgage, Fannie

MAE, and United Guaranty Corporation are directors of MERS, Inc. and/or MERSCORP,

Inc.

d. Defendants Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C., National

City Mortgage, National City Bank, and its division, First Franklin Financial Corporation,

National City Corporation, PNC Financial Services Group, J.P. Morgan Chase Bank, N.A.,

CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage Corporation, U.S.A.,

GE Money Bank, Bank of America, N.A., Wells Fargo Bank, N.A., LaSalle Bank, N.A.,

United Guaranty Corporation, and Merrill Lynch are Members of MERS, Inc.

171. Whenever this Complaint refers to any corporation's act, deed, or transaction,

it means that such corporation engaged in the act, deed, or transaction by or through its

members, officers, directors, agents, employees, or other representatives while they



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actively were engaged in the creation, management, direction, control, or transaction of its

business or affairs.

FOURTH CLAIM FOR RELIEF

(Conspiracy to Commit Fraud by Creation, Operation and Use of the MERS

System)

(As to Defendants MERSCORP, Inc., MERS, Inc., Freddie Mac, Fannie Mae,

GMAC Mortgage, L.L.C., National City Mortgage, J.P. Morgan Chase Bank,

N.A., CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage

Corporation, U.S.A., Wells Fargo Bank, N.A., GE Money Bank, Bank of

America, N.A., United Guaranty Corporation, PNC Financial Services Group,

Inc., National City Corporation, National City Bank, LaSalle Bank, and

Merrill Lynch)

172. Plaintiffs incorporate by this reference each and every paragraph of this

Complaint as if set forth fully herein.

173. Upon information and belief, Defendants MERSCORP, Inc., MERS, Inc.,

Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C., J.P. Morgan Chase Bank, N.A.,

CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage Corporation, Wells

Fargo Bank, N.A., GE Money Bank, Bank of America, N.A., United Guaranty Corporation,

PNC Financial Services Group, Inc., National City Corporation, National City Bank,

LaSalle Bank, and Merrill Lynch (hereinafter in this Fourth Claim for Relief collectively

referred to for purposes of this Fourth Claim as the “Defendant conspirators”), and each

of them, did knowingly and willfully conspire and agree among themselves to engage in a

conspiracy to promote, encourage, facilitate and actively engage in predatory lending

practices perpetrated on Plaintiffs whereby loans were made Plaintiffs using underwriting



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guidelines that disregarded the Plaintiffs’ ability to repay the loan and which were

inconsistent with underwriting guidelines previously considered as standard in the

industry and the actions of the Defendant conspirators were taken as part of the business

policies and practices of each Defendant conspirator in participating in the MERS system.

174. The Defendant co-conspirators knew or should have known that the MERS

system would be used to facilitate the origination and sale of loans such as the ones made

to Plaintiffs herein.

175. All Plaintiffs were given loans pursuant to decreased underwriting guidelines

which were created between 2004 and 2008 by, or created between 2004 and 2008 by

others and implemented by, the Defendants named as originators, and which

underwriting guidelines were inconsistent with underwriting guidelines previously

considered as standard in the industry and which previous underwriting guidelines

included consideration of factors which included, but were not limited to, the borrower’s

capacity to repay the loan, the borrower’s credit rating, and the value of the collateral

securing the loan.

176. All Plaintiffs were advised by the lenders who were acting for the lenders,

servicers and sercuritizers on each loan, defined herein, that Plaintiffs were qualified for

the loans described herein, although such representations were known to those

Defendants to be false, or were made without intentional or reckless disregard to the truth

or falsity of the representations.

177. The Defendants described in the preceding paragraph intended that the

Plaintiffs would rely on the representations related to their qualification on the loans.

178. All Plaintiffs reasonably relied and had a right to so rely on the

representations of Defendants that they were qualified to take out the loans, evidenced by



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their execution of the notes and deeds of trust described herein. Plaintiffs were damaged

by such misrepresentations and reliance on same as alleged herein.

179. The Defendant servicers made representations to Plaintiffs as to the amounts

of payments due under the loans, including that the payments were due, and the amounts

of the payments due, and the due dates.

180. The Defendant servicers knew or should have known that such

representations were false because the note had been discharged through the

securitization process or through the note holder’s receipt of monies from third-party

sources as alleged herein. Defendants knew or should have known that the

representations were material, as Plaintiffs would not have paid money to the Defendant

servicers without Defendant servicers having made the representation.

181. The Defendant servicers intended that the Plaintiffs rely on the

representations in seeking payment from Plaintiffs.

182. Plaintiffs did rely on such representations in making payments to the

servicers, and the servicers, and any party for whom the servicer was collecting funds was

unjustly enriched as alleged herein.

183. Plaintiffs were damaged by the representations by the payment of money to

the Defendant servicers and as alleged herein.

184. All Plaintiffs were given loans that the Defendant Lenders knew or should

have known were designed to result in foreclosure, which resulted in the declaration of

default and the foreclosure of the loans as alleged herein.

185. The purpose of giving the loans to Plaintiffs described herein was to fuel the

demand for mortgage-backed securities generated between 2004 and 2008.



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186. As alleged below, the MERS system facilitated securitization and transfer of

loans.

187. Upon information and belief, the Defendant conspirators are or have been

shareholders in MERSCORP, Inc., MERS, Inc. and/or members of the MERS system, and,

as to Defendant conspirators, Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C.,

National City Mortgage, and J.P. Morgan Chase Bank, N.A., have, through their

employees and agents, served as members of the Board of Directors of MERSCORP, Inc.

and/or MERS, Inc., and participated in the design and coordination of the MERS system

described in this complaint.

188. Defendants’ participation as shareholders, directors, operators, or members

of MERSCORP, Inc. and/or MERS, Inc. are as follows:

a. Defendants J.P. Morgan Chase Bank, CitiMortgage, Inc., Countrywide Home

Loans, Inc., Fannie Mae, Freddie Mac, Merrill Lynch, AIG United Guaranty Corporation,

and Wells Fargo Bank, N.A. are each Shareholders of MERSCORP, Inc.

b. MERSCORP, Inc. is the operating company that owns and operates the

MERS System described herein, and is the parent company of Mortgage Electronic

Registration Systems, Inc. (“MERS, Inc.”).

c. Defendants Freddie Mac, MERSCORP, Inc., National City Mortgage, Fannie

MAE, and AIG United Guaranty Corporation are directors of MERS, Inc. and/or

MERSCORP, Inc.

d. Defendants Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C., National

City Mortgage, National City Bank, and its division, First Franklin Financial Corporation,

National City Corporation, PNC Financial Services Group, J.P. Morgan Chase Bank, N.A.,

CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage Corporation, U.S.A.,



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GE Money Bank, Bank of America, N.A., Wells Fargo Bank, N.A., LaSalle Bank, N.A., AIG

United Guaranty Corporation, and Merrill Lynch are Members of MERS, Inc.

189. Whenever this Complaint refers to any corporation's act, deed, or

transaction, it means that such corporation engaged in the act, deed, or transaction by or

through its members, officers, directors, agents, employees, or other representatives while

they actively were engaged in the management, direction, control, or transaction of its

business or affairs.

190. Beginning at a time unknown to the Plaintiffs, prior to 2004, and continuing

through at least the present, the Defendant co-conspirators engaged in a conspiracy to

unlawfully deprive borrower-homeowners of their interest in property in numerous states

through issuing predatory loans as described herein, and through securitization and

subsequent processes described herein.

191. MERS, Inc. and/or MERSCORP, Inc. arranged for bilateral and multilateral

meetings, bilateral and multilateral teleconferences, and bilateral internet

communications with potential Shareholders, actual Shareholders, candidates for

Membership, and Members.

192. Upon information and belief, the Defendant conspirators have conspired

among themselves and with other unknown parties to:

a. develop a system of earning profits from the origination and

securitization of residential loans without regard for the rights of Plaintiffs, and others

similarly situated, by engaging in predatory and deceptive residential lending practices as

alleged in this complaint above; and

b. in furtherance of the system referred to immediately above, the

Defendant conspirators intentionally created, managed, operated and controlled the



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Defendants MERSCORP, Inc. and MERS, Inc. for the specific purpose of MERS, Inc.

being designated as a sham “beneficiary” in the original deeds of trust securing those

loans, including the loan made to Plaintiffs and other similarly situated individuals by

Countrywide Home Loans, Inc. National City Bank and/or its division First Franklin; and

c. Defendant conspirators intentionally created, managed, operated and

controlled the MERS system with the unlawful intent and for the unlawful purpose of

making it difficult or impossible for Plaintiffs and other victims of such industry-wide

predatory policies and practices to identify and hold responsible the persons and entities

responsible for the unlawful actions of Defendant Countrywide Home Loans, Inc., MERS,

Inc., National City Bank and/or its division First Franklin and their co-conspirators.

193. Upon information and belief, Defendant conspirators, through creation of the

MERS system alleged herein, adopted and implemented residential lending underwriting

guidelines for use in Arizona and in other states which:

a. were intended to, and did, generate unprecedented profits for the Defendant

conspirators and their co-conspirators at the expense of Plaintiffs and other persons who

were fraudulently induced by the Defendant conspirators and their co-conspirators into

taking out residential loans that were known by the Defendant conspirators and their co-

conspirators, at the time the loans were originated, and

b. were likely to result in foreclosure on those loans and loss by Plaintiffs and

other borrowers of their homes, with reckless disregard and intentional indifference by

the Defendant conspirators and their co-conspirators of the likelihood of such foreclosure.

212. Removing real estate transaction records from the public record maintained

by the county clerks prevents oversight of real estate transactions by the public and by

public officials.



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194. MERSCORP, Inc. informed its co-conspirators that using the MERS system

would remove transaction records from the public record.

195. MERSCORP, Inc. and/or MERS, Inc. have publicly stated the following:

a. “MERS eliminates the need to prepare and record assignments when trading

residential and commercial mortgage loans.”

b. “With the recording of the security instrument(s), MERS becomes the

mortgagee in the county land records and no assignments are required during a

subsequent sale and transfer of the loan between MERS members.”

c. “There is no dependency on the corporate name you use on closing

documents and the corresponding corporate name on the MERS System because the

MERS System is not the legal system of record of ownership of mortgage loans.”

196. Upon information and belief, the MERS system was created for the unlawful

purpose of hiding and insulating the brokers and originators of predatory toxic loans from

accountability and liability by creating an entity which simultaneously informed all

lenders who originated loans that named MERS as the beneficiary of the following:

a. MERS would never own or acquire any actual beneficial interest in any loan

in which it was named as beneficiary under the deed of trust, and that

b. MERS could be named as beneficiary for purposes of public notice and

notice to the borrower and would act in that capacity if so designated by the lender who

originated the loan.

197. Upon information and belief, the intent and purpose of the Defendant

conspirators and their co-conspirators in the creation, management, operation and

control of MERS was, without limitation, to make it impossible for the borrowers, their

attorneys, the courts, the government, and anyone other than the Defendant conspirators



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who created and controlled MERS to identify the actual beneficial owner of any particular

loan or the property which was the collateral securing that loan until such time, if any,

that foreclosure action was initiated. As a result, Plaintiffs, and other similarly situated

individuals, were deprived of the right to attempt to modify their toxic loans, as the true

identity of the actual beneficial owner was intentionally hidden from Plaintiffs and other

similarly situated individuals.

198. MERSCORP, Inc.’s marketing materials also promise Members with

assistance with foreclosures. MERSCORP, Inc. and/or MERS, Inc. have publicly stated:

“MERS has assembled a Foreclosure Manual to provide a state-by-state guideline for our

Members to follow when foreclosing a mortgage loan in the name of MERS.”

199. Upon information and belief, the Defendant conspirators’ actions in

creating the MERS system, which was dependent on fraudulent and deceptive practices

that included, but were not limited to, making loans to consumers such as Plaintiffs in

created a system to unlawfully deprive Plaintiffs of their interest in their Residences when

the Defendants know that the obligations on the notes have been extinguished.

200. MERSCORP, Inc. and/or MERS, Inc. offered Members increased profit.

MERSCORP, Inc. has publicly stated:

a. “The MERS web site enables you to target directly your MERS® Ready

products and services to MERS members.”

b. “Commercial originators and issuers save hundreds to thousands of

dollars (in the case of cross-collateralized loans) in preparing and recording

assignments. Where the originator has not recorded a MERS as Original Mortgagee

(MOM) security instrument, the issuer saves the costs of assigning to the Trust by having

the originator assign to MERS.” (Emphasis added).



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c. “It will reduce risk and generate more profits for lenders because the Notes

registered on it will be in electronic format. It shortens the timeframe between the

closing and the securitization of the loan, enabling the Note to move instantly,

creating faster funding.” (Emphasis added).

201. MERSCORP, Inc.’s rules and by-laws, to which MERS Members agree, require

the following:

BY COMPLETING, SIGNING, AND SUBMITTING THIS

APPLICATION, THE APPLICANT IS AGREEING TO BE A MERS

MEMBER. THE APPLICANT HEREBY AGREES TO PAY ALL

FEES AND EXPENSES SET FORTH IN THE MERS

RESIDENTIAL FEE SCHEDULE, WHICH MAY CHANGE FROM

TIME TO TIME; ABIDE BY ALL EXISTING MERS RULES AND

PROCEDURES, WHICH ARE INCORPORATED HEREIN BY

REFERENCE AND MAY BE AMENDED FROM TIME TO TIME;

AND COMPLY WITH THE TERMS AND CONDITIONS SET

FORTH IN THE ATTACHED ADDENDUM ENTITLED TERMS

AND CONDITIONS.

(Emphasis in original).

202. The MERSCORP, Inc. rules and by-laws, to which MERS Members agree,

cannot be carried out lawfully because they require the following:

1. MERS, which shall include MERSCORP, Inc. and Mortgage

Electronic Registration Systems, Inc., and the Member shall abide

by these Terms and Conditions, the Rules and Procedures (collectively,

the “Governing Documents”), copies of which will be supplied upon



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request. The Governing Documents shall be a part of the terms and

conditions of every transaction that the Member may make or have with

MERS or the MERS® System either directly or through a third party. The

Member shall be bound by any amendment to any of the Governing

Documents. 2. The Member, at its own expense, shall promptly,

or as soon as practicable, cause MERS to appear in the

appropriate public records as the mortgagee of record with

respect to each mortgage loan that the Member registers on the

MERS® System. MERS shall serve as mortgagee of record with

respect to all such mortgage loans solely as a nominee, in an

administrative capacity, for the beneficial owner or owners thereof from

time to time. MERS shall have no rights whatsoever to any

payments made on account of such mortgage loans, to any servicing rights

related to such mortgage loans, or to any mortgaged properties securing

such mortgage loans. MERS agrees not to assert any rights (other

than rights specified in the Governing Documents) with respect to such

mortgage loans or mortgaged properties. References herein to

“mortgage(s)” and “mortgagee of record” shall include deed(s) of trust

and beneficiary under a deed of trust and any other form of security

instrument under applicable state law. *** 6. MERS and the Member

agree that: (i) the MERS® System is not a vehicle for creating or

transferring beneficial interests in mortgage loans, (ii) transfers

of servicing interests reflected on the MERS® System are subject to the

consent of the beneficial owner of the mortgage loans, and (iii)

membership in MERS or use of the MERS® System shall not modify or



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supersede any agreement between or among the Members having

interests in mortgage loans registered on the MERS® System.”

(Emphasis added).

203. The times, dates, and locations of the various meetings and

communications among and between the conspirators are solely within the knowledge of

the conspirators and have not been made public by MERS or its co-conspirators.

204. In addition to the allegations made related to the shareholder, director,

and creator conspirators, the MERS system conspiracy consisted of:

a. The Lender conspirators who agreed to procure loans by means of violation

of state and Federal lending laws, as further described in the previous claims

for relief.

b. The Lender, Securitizer and Servicer conspirators who agreed to use the

MERS system unlawfully and in violation of state and Federal laws to deceive

homeowners and securities purchasers by misleading them to believe that the

conspirators had legal authority to foreclose when in fact, the conspirators do not

have legal authority to foreclose on loans which were made part of the MERS

system, as further described in the previous claims for relief.

c. The Securitizer conspirators who were aware of these violations of law

during procurement and agreed to purchase the loans knowing that the law had

been violated.

d. The Securitizer conspirators who, upon information and belief, packaged

and sold loans knowing that such loans were based on deeds of trust that had been

split from the notes, and based on loans that had been sold as part of the



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securitization process before the loans were finalized with the borrowers.

Thereafter, the purported interest in the obligation, the note as evidence of the

obligation, and the security interest for the obligation were transferred multiple

times without recording the change in ownership of an interest in real property in

the appropriate county records. This was accomplished by the creation of the

private parallel record keeping service known as the MERS system, whereby

MERS, Inc. is named in the deed of trust which is supposed to be the security for

the underlying loan obligation. MERS is named as the nominee of the lender, but

not as the holder of the note or the actual lender. Rather, MERS is named as

beneficiary for the purpose of deceiving the borrower and the clerk’s office where

the deed of trust is recorded.

e. A securitization process that was based on loans that were made based on

residential loan underwriting guidelines that were designed to generate as many

loans as possible to fuel the securitization process to feed the demand for

mortgage-backed securities, the faulty and toxic nature of which loans was hidden

by the MERS system. As a result of MERS being named the beneficiary, and

through the processes described herein, the note and deed of trust are "split."

When the note is split from the deed of trust, then the note becomes unsecured and

a person holding only the note lacks the power to foreclose and a person holding

only a deed of trust suffers no default because only the holder of the note is entitled

to payment on it. The monetary effect of utilizing the MERS system, in addition to

the allegations set forth otherwise herein, was to hide profits and fees that were not

disclosed to the borrower or to the investor in the note, which, in some cases, upon

information and belief, were in excess of the principal value stated on the note.



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f. The Securitizer conspirators who violated state and Federal securities laws

through their descriptions of the financial derivatives created by the conspiracy.

g. The Lender conspirators who agreed to supply loans to the Securitizers

despite knowledge that the Securitizers would sell them in violation of the law.

h. The Servicer conspirators who agreed to unlawfully foreclose on loans

despite the separation of the loan from the deed of trust which made the

foreclosure unlawful because the debt was no longer secured.

205. All of the conspirators agreed to the participation of the other conspirators

in their individual roles in the conspiracy. The loan files of each of the loans disclose the

legal violations and document that the Lenders agreed to purchase loans from third party

originators and to sell them to the Securitizers. The Securitizers agreed to purchase the

loans and pool them with full knowledge of the contents of the loan files. The Servicers

agreed to foreclose with full knowledge of the loan file for each loan.

206. All of the conspirators continued to agree to the conspiracy over the course

of thousands of transactions.

207. Defendants Fannie Mae, Freddie Mac, J.P. Morgan Chase Bank, N.A.,

GMAC Mortgage, L.L.C., and National City Mortgage acted as Creators of the conspiracy.

They created MERS to hide their own unlawful activity as well as the activities of the co-

conspirators.

208. Defendants Countrywide Home Loans, Inc., First Franklin, and Bank of

America, N.A. acted as Lenders in the conspiracy.

209. Defendants J.P. Morgan Chase, Merrill Lynch, Wells Fargo Bank, N.A.,

Bank of America, HSBC Mortgage Corporation, U.S.A., GMAC Mortgage, L.L.C., PNC

Financial Services Group, Inc., National City Corporation, National City Mortgage, First



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Franklin, a division of National City Bank, National City Bank, Countrywide Home Loans,

Inc., CitiMortgage and GE Money Bank acted as Securitizers in the conspiracy.

210. Defendants Countrywide Home Loans, Inc., Bank of America, Wells Fargo

Bank, N.A., GMAC Mortgage, L.L.C., CitiMortgage, Inc., National City Mortgage, and

HSBC Mortgage Corporation, U.S.A., J.P. Morgan Chase acted as Servicers in the

conspiracy.

211. For the purpose of forming and effectuating this conspiracy, Defendants

and co-conspirators did the following things, among others:

a. The Defendants acting as Lenders described above systematically and

repeatedly violated Federal and state lending laws in order to originate mortgages, as

described in the previous claims for relief;

b. The Defendants acting as Securitizers knowingly and by agreement

purchased the unlawfully obtained mortgages from the Lenders;

c. The Defendants acting as Lenders, Securitizers and Servicers utilized and

benefited from the MERS system as a means of preventing detection by law enforcement

or by the public and as a means of unlawful foreclosure to the detriment of homeowners;

d. The Defendants acting as Lenders and Securitizers, with knowledge and

agreement of the co-conspirators, utilized the MERS system in such a manner as to split

the promissory note from the mortgage or deed of trust and thereby destroy the note

holders’ security, nevertheless proceeding with unlawful foreclosure actions to the

detriment of homeowners;

e. All Defendants named herein as co-conspirators profited from their

respective roles in originating loans, selling them, and pooling their MERS registered



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home loans together in large bundles which were sold and turned into financial derivative

instruments;

f. The mortgage securitization process became known in financial industry

parlance as “slicing and dicing.” The slicing and dicing results in a pool of mortgages

which have lost their individual characteristics but which have a high value to those who

create them;

g. The Defendants acting as Securitizers named herein purchased mortgages

from the Defendants acting as Lenders named herein for securitization;

h. The Defendants named as Securitizers herein sold the securitized and

pooled mortgages as asset backed financial derivatives with affirmative claims that

Defendants were unaware of any legal issues which would affect the value of the assets

backing the securities, which was untrue, as Defendants actually knew or should have

known that the mortgages were unlawfully obtained and subject to rescission, and knew

or should have known that the mortgages and promissory notes had been split and

therefore the note holder no longer had the right to foreclose, assuming that it ever did;

i. The Defendants described herein as Servicers unlawfully foreclosed on

homeowners’ properties. The Servicers misrepresented that they had the legal right to

foreclose, when, in fact, they did not. The Servicers’ foreclosures wrongfully deprived

homeowners of property;

j. All Defendants named as MERS members agreed to promote MERS, an

ostensibly lawful business, and to utilize MERS in an unlawful manner to deprive

Plaintiffs and those similarly situated of property.

212. The securitization process took distinct loans, deeds of trust, and mortgages,

and pooled them together in such a manner that they lost their unique identity. Hundreds



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of such financial derivative instruments were created by the co-conspirator Defendants.

The co-conspirators all profited from their respective roles in the process, including, but

not limited to, the following pooling agreements:

a. Defendant and co-conspirator Wells Fargo Bank, N.A. is the master servicer

of the HSI Asset Loan Obligation Trust 2007-2. Approximately 18% of the mortgages in

that loan pool were originated by Defendant Countrywide Home Loans, Inc.

Approximately 26% of the mortgages in that pool originated from HSBC Mortgage

Corporation (USA). HSBC Mortgage Corporation (USA) profited from packaging its

loans together with those of Defendant and co-conspirator Countrywide Home Loans, Inc.

b. The HSI Asset Loan Obligation Trust 2006-2, was sponsored and sold by

HSBC Bank. Countrywide Home Loans, Inc. originated 13% of the loans in this

instrument. HSBC Mortgage Corporation (USA) originated 15% of the loans in this

instrument. HSBC Mortgage Corporation (USA) is one of the servicers of this financial

derivative instrument.

c. The Banc of America Funding 2007-4 Trust was sponsored by Defendant

and co-conspirator Bank of America, N.A. The Master Servicer of this financial derivative

instrument is Defendant and co-conspirator Wells Fargo Bank, N.A. GMAC Mortgage,

L.L.C. is also among the servicers. The originators of the loans pooled in this instrument

include Defendants and co-conspirators GMAC Mortgage, L.L.C., Countrywide Home

Loans, Inc., Wells Fargo Bank, N.A., Bank of America, N.A., National City Mortgage Co.

d. The Banc of America Funding 2007-7 Trust was sponsored by Defendant

and co-conspirator Bank of America, N.A. The Master Servicer of this financial derivative

instrument is Defendant and co-conspirator Wells Fargo Bank, N.A. GMAC Mortgage,

L.L.C. is also among the servicers. The originators of the loans pooled in this instrument



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include Defendants and co-conspirators GMAC Mortgage, L.L.C., Countrywide Home

Loans, Inc., Wells Fargo Bank, N.A., Bank of America, N.A., National City Mortgage Co.

The Banc of America Funding 2007-7 Trust hired Defendants and co-conspirators Bank of

America, N.A., CitiMortgage, Inc., GMAC Mortgage, LLC, and National City Mortgage Co.

as servicers.

e. Defendant Merrill Lynch & Company, Inc., profited by selling its customers

the Merrill Lynch Mortgage Investors Trust Series MLCC 2006-3. Merrill Lynch Credit

Corporation and Wells Fargo Bank, N.A. originated the mortgage loans in that derivative

instrument. Wells Fargo Bank, N.A. is one of the servicers.

f. National City Mortgage Corporation is an originator and servicer of loans in

the GSAA Home Equity Trust Series 2007-8. Wells Fargo Bank, N.A. is also a servicer. In

the prospectus, National City Mortgage is described as a division of National City Bank.

g. In the Merrill Lynch Mortgage Investors Trust, Series 2007-SD1, Defendant

and Co-conspirator First Franklin sold significant amounts of loans. Defendant and co-

conspirator LaSalle Bank, N.A., was hired as the trustee.

h. In the First Franklin Mortgage Loan Trust 2006-FF11, Defendant “First

Franklin, a division of National City Bank (formerly, National City Bank of Indiana),”

originated almost all of the loans and sold them to be pooled. Defendant Wells Fargo

Bank, N.A. was hired as the master servicer.

i. In the Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-

Through Certificates, Series 2007-6, Defendant GE Money Bank was one of the major

underwriters of the loans which were pooled. Defendant and Co-conspirator U.S. Bank,

N.A. was also an originator of loans in the pool. U.S. Bank, N.A. is also a servicer. LaSalle



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Bank National Association, U.S. Bank National Association and Wells Fargo Bank, N.A.

were hired as custodians of the trust.

j. Defendant and co-conspirator Wells Fargo Bank, N.A. is the master servicer

of the HSI Asset Loan Obligation Trust 2007-2. 18% of the mortgages in that loan pool

were originated by Defendant Countrywide Home Loans, Inc. 26% of the mortgages in

that pool originated from HSBC Mortgage Corporation (USA). HSBC Mortgage

Corporation (USA) profited from packaging its loans together with those of Defendant

and co-conspirator Countrywide Home Loans, Inc.

k. In the J.P. Morgan Alternative Loan Trust 2007-A2, J.P. Morgan Chase

Bank was an originator of loans which were pooled. JPMorgan Chase Bank, National

Association is one of the servicers of the mortgage pool. Wells Fargo Bank, N.A. is the

master servicer. U.S. Bank National Association is the trustee. Countrywide Home

Loans, Inc. sold loans to the trust. JPMorgan Chase Bank is one of the servicers.

213. Upon information and belief, Plaintiffs’ loans were securitized, “sliced and

diced” and pooled into mortgage pools such as the ones described herein as part of the

conspiracy related to the creation and operation of the MERS system, and Defendants,

and each of them, profited from same and are liable for their acts and the acts of their co-

conspirators in creating the MERS system, including, but not limited to, the use of MERS-

approved and created documents to establish the loans (including, but not limited to, the

form of deed of trust), and in participating in the securitization process described herein.

214. Upon information and belief, Defendant conspirators utilized funds received

as part of the Troubled Asset Relief Program (TARP) and (TALF) and Federal Reserve

payouts to further the conspiracy to defraud Plaintiffs, and others similarly situated, to

deprive them of their money, to deprive them of their property, to unlawfully foreclose on



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loans made to putative class members, to pay investors in the mortgage-backed securities

which were comprised of the loans made to Plaintiffs and others similarly situated, to pay

credit default swaps and to pay bonuses to employees and officers of the Defendant

conspirators based on their devising the subprime mortgage-backed products which were

securitized by loans of the type issued to Plaintiffs and others similarly situated, and

collateralizing and selling such products in the United States and abroad.

215. As a result of Defendant conspirators’ conspiracy described herein, Plaintiffs

have suffered injuries which include mental anguish, emotional distress, embarrassment,

humiliation, loss of reputation and a decreased credit rating which has, or will, impair

Plaintiffs’ ability to obtain credit at a more favorable rate than before the decrease in

credit rating, the loss or anticipated loss of their Residences and other financial losses

according to proof, and Plaintiffs have incurred attorneys’ fees and costs in this matter.

216. Defendant conspirators’ actions were wanton, willful and reckless, and justify

an award of punitive damages against Defendant conspirators, and each of them.

FIFTH CLAIM FOR RELIEF (Injunctive Relief)



218. The homes of Plaintiffs (bank REOs) have been sold and are being held by the

banks and their co-conspirators unlawfully.

219. Plaintiffs have been issued a Notice of Default or have been scheduled for a

Trustee’s Sale or are subject to notices of default pursuant to the Defendants’

interpretation of their alleged rights to foreclose of the terms of their notes which

manifests the impending loss of all Plaintiffs’ homes.



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220. Each and every Plaintiff has no adequate remedy at law to stop these

unlawful foreclosures and evictions without this Court’s intervention.

221. Plaintiffs will suffer irreparable harm from the loss of their homes and

Defendants will suffer nothing because no payments are owed to them on account of the

notes and mortgages and any foreclosure pursued by them will be and is and has been

unlawful.

SIXTH CLAIM FOR RELIEF

(Declaratory Relief)



223. Defendants have either proceeded with foreclosures against Plaintiffs or

threatened foreclosures against Plaintiffs for which Defendants are not owed any

payments, have no lawful right to foreclose and have unlawfully deprived or attempted to

deprive Plaintiffs of their homes and further have failed to notify the Plaintiffs of the

discharge of their obligations on the notes associated with their mortgages.

224. Plaintiffs seek a declaratory judgment against Defendants stating that

Defendants have violated Plaintiffs’ rights and none of the Defendants are the proper

parties to foreclose upon the Plaintiffs’ properties or persons’ similarly situated who have

MERS named as the beneficiary on their deeds of trust.

225. Plaintiffs have been required to retain counsel in this matter to protect

Plaintiffs’ rights and have incurred attorneys’ fees and costs in this matter.

//

//

//



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CLASS ACTION ALLEGATIONS AND

REQUEST FOR CLASS CERTIFICATION



Class Definition

227. Plaintiffs, pursuant to Fed. R. Civ. P. 23(a), (b)(2-3), bring this action for

themselves and on behalf of a class of persons similarly situated under the provisions of

Federal and State law regarding plaintiff class actions.

228. The class is composed of the named Plaintiffs and all others who are victims

of the Defendants herein who originated, funded, serviced, securitized, sold, transferred,

insured, or guaranteed residential real estate loans in the United States from 2004 to

2008, and/or whose loans were serviced, securitized, sold, insured or guaranteed by

Defendants and who have not been informed by the Defendants that a discharge of the

note occurred, between October 2004 and present, and this class of persons was damaged

or is faced with risk of damage by the origination, servicing, sale, transfer, foreclosure,

sale, and/or acquisition of these loans. Excluded from the class are the Defendants,

including any parent, subsidiary, affiliate or controlled person of the Defendants and their

officers, directors, agents or employees, any judge or judicial officer assigned to this

matter, and members of the immediate families of any excluded persons. Numerosity

229. Upon information and belief, Plaintiffs estimate that the class comprises

not less than 125 individual members and the class is so numerous that joinder of all

members is impracticable. The members of the class can be identified and located using

information contained in the Defendants’ mortgage lending records.

Common Questions of Law and/or Fact



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230. There are common questions of law and/or fact common to the class,

including whether the Defendants are the proper parties to foreclose on the residential

properties of these Plaintiffs as alleged herein, whether any such violations constituted a

conspiracy to commit fraud or wrongful foreclosure and/or whether Defendant’s conduct

resulted in unjust enrichment to them and to the detriment of the members of the class.

Also common to the class is the issue of whether the named Defendants acted as

conspirators in committing fraud in creating, operating and using the MERS system as

alleged in the Conspiracy to Commit Fraud in the creation, operation and use of the

MERS System Claim for Relief set forth above and whether the Defendants failed to give

notice of the discharge of the obligations under the notes to the borrowers who are

members of this class, so that these borrowers knew that no further obligations existed.

Typicality

231. Plaintiffs’ claims are typical of those of the members of the class. Plaintiffs

and the class members were subjected to the same kind of unlawful conduct and the

claims of Plaintiffs and the class members are based on the same legal theories.

Fair and Adequate Representation of Class

232. Plaintiffs will fairly and adequately protect the interests of the class Plaintiffs

represent. Plaintiffs’ interests do not conflict with the interests of the class, and Plaintiffs

intend on prosecuting this action vigorously.

233. Plaintiffs have retained experienced counsel qualified in class litigation and

counsel and is competent to assert the interests of the class.

Rule 23(b) Requirements

234. The unlawful acts of Defendants, as alleged herein, constitute a course of

conduct common to Plaintiffs and each class member. Prosecution of separate actions by

individual class members would create a risk of inconsistent or varying adjudications

which would establish incompatible standards of conduct for Defendants and/or



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substantially impair or impede the ability of the individual class members to protect their

interests.

235. Injunctive and/or declaratory relief to the class is appropriate because, upon

information and belief, Defendants, and each of them, have acted or refused to act on

grounds generally applicable to the class.

236. Questions of law and/or fact common to the class members, including the

issues identified above, predominate over questions affecting only individual class

members, and a class action is superior to other available methods for fair and efficient

adjudication of the controversy. Class action treatment will allow a large number of

similarly situated individuals to simultaneously pursue their common claims in a single

forum in an efficient manner, without unnecessary duplication of effort and expense that

would be required if numerous individual actions were pursued.

WHEREFORE, Plaintiffs pray this court enter an order providing relief as follows:

1. For an award of damages against Defendants, and each of them, on the

Plaintiffs’ state law claims, whether general, special or punitive as alleged above, in an

amount to be shown at trial;

2. For an award of attorneys’ fees and costs as provided by law;

3. For an order of restitution on behalf of Plaintiff and class members;

4. For a temporary restraining order and preliminary and permanent

injunction on behalf of those Plaintiffs that have sought a separate motion for temporary

restraining order, and MERS, in addition to each and every of their respective officers,

agents, employees, servants, and attorneys, and those persons in active concert or

participation with any of them or each of them, as specifically alleged above from

transferring any interest in the subject properties, from proceeding with any foreclosure

action as to any of the Plaintiffs’ residences and/or proceeding with any collection action

against the Plaintiffs, and from transferring any interest and/or proceeding with

foreclosure actions against the residences of similarly situated class members;



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5. For a declaratory judgment holding that Plaintiffs’ rights were violated as

alleged above;

6. That Plaintiffs have and recover from the Defendants pre-judgment interest as

may be determined by statute and rule;

7. That this action be certified as a Plaintiffs’ class action;

8. Pursuant to Federal Rules of Civil Procedure, Rule 38, Plaintiffs demand a trial

by jury on all issues of fact in this action; and

9. That this Court grant such other and further relief as it deems just and proper. DATED: September 14, 2009

HAGER & HEARNE /s/ Robert R. Hager, Esq. Robert R. Hager, Esq. SBN: 1482 Treva J. Hearne, Esq. SBN: 4450 245 E. Liberty St., Ste. 110 Reno, NV 89501 Tele: (775) 329-5800 Attorneys for Plaintiffs

DEMAND FOR JURY TRIAL

Pursuant to Fed. R. Civ. P. 38(b), Plaintiffs hereby demand a trial

by jury to the fullest extent permitted by law. DATED: September 14, 2009

HAGER & HEARNE /s/ Robert R. Hager, Esq. Robert R. Hager Treva J. Hearne Attorneys for Plaintiffs
