Efiled - Complaint #1&2&3

Case 3:09-cv-00534 Document 1 Filed 09/14/2009 Page 1 of 40
1 Robert R. Hager, NV State Bar No. 1482

Treva J. Hearne, NV State Bar No. 4450
2 HAGER & HEARNE
245 E. Liberty - Suite 110
3 Reno, Nevada 89501
Tel: (775) 329-5811
Fax: (775) 329-5819
4 Email: rhager@hagerhearnelaw.com
thearne@hagerhearnelaw.com
5 office@hagerhearnelaw.com
6 Counsel for Plaintiffs
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10 LACY J. DALTON (aka JILL L.
(775) 329-5800, FAX (775) 329-5819
ANDERSON), NELLIE AGUILAR and Case No.:

11 ZENAIDO JACINTO, DEAN ANDERSON,
245 E. Liberty St., Ste 110
HAGER & HEARNE
EMILY ANDREWS, JOSE AURELIO CLASS ACTION COMPLAINT

Reno, NV 89501
12
APOLINAR, JESUS L. AREVALO, AND JURY DEMAND
13 RICHARD AUFIERO and SYLVIA T.
AUFIERO, CHRISTOPHER L BALLENGEE 1. Wrongful Foreclosure
14 and SAMANTHA P. ANDERSON, RICHARD
BEAUCHEMIN and LESLIE 2. Unjust Enrichment
15 BEAUCHEMIN, PETER M. BEEKHOFF,
JAMES V. BELL, JUSTIN BENNETT and 3. Conspiracy to Commit
16 NANCY E. BENNETT, VALERIE R. Wrongful Foreclosure by
BRANCA, RAMIRO M. BRENES and Creation, Operation, and Use
17 AURELIO APOLINAR-LOPEZ, BETTY J. of the MERS System
BURSON, KAREN L. CELONE, HARRY R.
18 COUSINS, DAVID DOUGLAS DAHL and 4. Conspiracy to Commit Fraud
KAY DAHL, CHARLES A. DIMINO and by Creation, Operation and Use
19
KIMBERLY A. DIMINO, DIMITRI O. of the MERS System
20 DINTCHEV, MICHAEL T. EPPS, DARRYL
J. FEEMSTER and VIVIAN M. FEEMSTER, 5. Injunctive Relief
21 CASIMIRO JIMENEZ GRANADOS, JONI
ANN HAMMITT (aka JONI ANN KROPF), 6. Declaratory Relief
22 GARY W. HEMBREE and CHARLENE E.
HEMBREE, DAVID HUTLER, NEIL M.
23 JOHNSON, HOLLY A. KINNEY, JAMES M.
KOSCHELLA and TERESA R. KOSCHELLA,
24 MARIA R. LEONARD, JENNIFER LOPEZ
(aka JENNIFER MENDOZA), JOHN
25 V.LYNCH and RONICA LYNCH, JAMI D.
MCHENRY and STEVEN WALLACE,
BRIAN MCKAY and LAWRENCE D.
Complaint/DALTON etal v. Citi etal-1
1 McKAY, MICHAEL MCKEON, WILFREDO

G. MARIANO and AGNES MARIANO,
2 JOHN MASON and BIANCA MASON,
GILBERT J. MENDOZA and GABRIELA T.
3 MENDOZA, JEAN MERKELBACH,
CHRISTOPHER L. NELSON, GARY A.
4 NEWTON, PAMELA PENNY (aka PAMELA
RUTHERFORD) and PHIL RUTHERFORD,
5
NORMA PIZZUTO and DARREN
6 DISMUKE, WOJCIECH POLANSKI and
MARIOLA POLANSKI, RANDALL H. REES
7 and JUNE ANN REES, CHARISE K.
ROBERTS and TODD C. ROBERTS, NIGEL
8 RUDLIN, EFRAIN DELAROSA SALDANA,
ANTONIO SERVIDIO, SALLY SERVIDIO,
9 JASWINDER SINGH and VARINDER
KAUR, KIP M. THOMPSON, HELEN T.
10 THOMPSON and GABRIELLE C.
(775) 329-5800, FAX (775) 329-5819
THOMPSON (aka GABRIELLE C.

11 MCELROY), DIMITRITZA TOROMANOVA,
HAGER & HEARNE
LENORA M. VAETH and JOSEPH T.

Reno, NV 89501
12
VAETH, LAURO C. VIZCARRA and
13 YESENIA VIZCARRA,
14 Plaintiffs,
15 vs.
16
CITIMORTGAGE, INC.
17 MERSCORP, INC., a Virginia corporation;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., a
18 subsidiary of MERSCORP, Inc., a Delaware
corporation; AIG UNITED GUARANTY
19 CORPORATION a foreign corporation,
AMERICAN HOME MORTGAGE
20 SERVICING, INC.
AURORA LOAN SERVICES, LLC dba
21 AURORA HOME LOANS or AURORA
HOME MORTGAGE or AURORA LOAN
22 SERVICES, AZTEC FORECLOSURE
CORPORATION, BANK OF AMERICA, NA
23 and BANK OF AMERICA doing business as
LASALLE BANK AS TRUSTEE FOR
24 WASHINGTON MUTUAL MORTGAGE
PASS-THROUGH CERTIFICATES WMALT
25 SERIES 2006-AR5 TRUST, CALIFORNIA
RECONVEYANCE COMPANY, CAL-
WESTERN RECONVEYANCE COMPANY
CENTRAL MORTAGE COMPANY,
1 J.P. MORGAN CHASE dba CHASE BANK,

CHASE HOME FINANCE, LLC., CHASE
2 MORTGAGE, COUNTRYWIDE HOME
LOANS, INC., CR TITLE SERVICES, INC.,
3 EMC CORPORATION dba EMC
MORTGAGE CORP., EXECUTIVE
TRUSTEES SERVICES, INC., FEDERAL
4 HOME LOAN MORTGAGE
CORPORATION, a Virginia corporation;
5 FEDERAL NATIONAL MORTGAGE
ASSOCIATION, a District of Columbia
6 corporation, FIRST FRANKLIN LOAN
SERVICES,
7 FIRST HORIZON HOME LOAN
CORPORATION, MET LIFE GROUP, INC.
8 QUALITY LOAN SERVICE CORP., GE
MONEY BANK, an Ohio corporation, GMAC
9 MORTGAGE, L.L.C., a Delaware
corporation, aka GMAC MORTGAGE,
10 CORPORATION and GMAC, HSBC
(775) 329-5800, FAX (775) 329-5819
MORTGAGE CORPORATION, U.S.A., a

11 Delaware corporation or HSBC BANK USA,
LANDMARK ONESTOP, INC., aka LAND

HAGER & HEARNE
AMERICA DEFAULT SERVICES,

Reno, NV 89501
12 MIDLAND MORTGAGE CO.,

NATIONAL CITY MORTGAGE, a foreign
13 company and a division of NATIONAL CITY
BANK, a subsidiary of National City
14 Corporation, NATIONAL CITY
CORPORATION, a Delaware corporation
15 and a subsidiary of PNC Financial Services,
Inc., NATIONAL DEFAULT SERVICING
16 CORPORATION, OPTION ONE
MORTGAGE CORPORATION,
17 PNC FINANCIAL SERVICES, INC., a
Pennsylvania corporation, QUALITY LOAN
18 SERVICE CORPORATION, RECONTRUST
COMPANY, SAXON MORTGAGE
19 CORPORATION, SUNTRUST MORTGAGE,
T.D. SERVICE CORPORATION, THE
20 COOPER CASTLE LAW FIRM, LLP, fka
THE COOPER CHRISTENSEN LAW FIRM,
LLP., DEUTSCH BANK NATIONAL TRUST
21 COMPANY, AMERICAN BROKER’S
CONDUIT, AMERICA’S HOME
22 SERVICING, HOMECOMINGS
FINANCIAL, THE BANK OF NEW YORK
23 MELLON dba THE BANK OF NEW YORK, ,
and WELLS FARGO BANK, N.A., a
24 California corporation, dba WELLS FARGO
HOME EQUITY and dba WELLS FARGO
25 HOME MORTGAGE, a division of WELLS
FARGO BANK, N.A., a California
corporation;

1
Defendants.
2
Plaintiffs PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO JIMENEZ-
3
GRANADOS, GARY W. and CHARLENE E. HEMBREE, JAMI D. MCHENRY and
4
STEVEN W. WALLACE, GILBERTO J. MENDOZA AND GABRIELLE MENDOZA,
5
PAMELA PENNY (aka PAMELA RUTHERFORD) and ANTONIO SERVIDIO,
6
7 (hereinafter “REO Plaintiffs”), individually and on behalf of a class of similarly situated
8 individuals whose homes have been foreclosed upon and purchased by the defendant
9 banks with the Defendant banks presently alleging to own the properties based upon
10 Deeds purportedly reflecting the acquisition of those titles due to foreclosure sales on
(775) 329-5800, FAX (775) 329-5819
11 MERS Deeds of Trust; and Plaintiffs LACY J. DALTON (aka JILL L. ANDERSON),
HAGER & HEARNE
Reno, NV 89501
12 NELLIE AGUILAR and ZENAIDO JACINTO, DEAN ANDERSON, EMILY ANDREWS,

13
JOSE AURELIO APOLINAR, JESUS L. AREVALO, RICHARD AUFIERO AND SYLVIA T.
14
AUFIERO, CHRISTOPHER L BALLENGEE and SAMANTHA P. ANDERSON, RICHARD
15
and LESLIE BEAUCHEMIN, PETER M. BEEKHOFF, JAMES V. BELL, JUSTIN and
16
NANCY E. BENNETT, RAMIRO M. BRENES and AURELIO APOLINAR-LOPEZ, BETTY
17
J. BURSON, KAREN L. CELONE, HARRY R. COUSINS, DAVID DOUGLAS and KAY
18
DAHL, CHARLES A. and KIMBERLY A. DIMINO, DIMITRI O. DINTCHEV, MICHAEL
19
T. EPPS, DARRYL J. and VIVIAN M. FEEMSTER, JONI ANN HAMMITT (aka JONI ANN
20
21 KROPF), GARY W. HEMBREE and CHARLENE E. HEMBREE, DAVID HUTLER, NEIL
22 M. JOHNSON, HOLLY A. KINNEY, JAMES M. and TERESA R. KOSCHELLA, MARIA R.
23 LEONARD, JENNIFER LOPEZ, (aka JENNIFER MENDOZA), JOHN V. and RONICA
24 LYNCH, BRIAN and LAWRENCE D. McKAY, MICHAEL MCKEON, WILFREDO G. and
25 AGNES MARIANO, JOHN and BIANCA MASON, JEAN MERKELBACH and CHAD
SMITTKAMP, CHRISTOPHER L. NELSON, GARY A. NEWTON, PAMELA PENNY (aka

1 PAMELA RUTHERFORD) and PHIL RUTHERFORD, NORMA PIZZUTO and DARREN
2 DISMUKE, WOJCIECH and MARIOLA POLANSKI, RANDALL H. and JUNE ANN REES,
3 CHARISE K. and TODD C. ROBERTS, NIGEL RUDLIN, EFRAIN DELAROSA SALDANA,
4 ANTONIO SERVIDIO, SALLY SERVIDIO, JASWINDER SINGH and VARINDER KAUR,
5
KIM M. THOMPSON, HELEN T. THOMPSON and GABRIELLE C. THOMPSON (aka
6
GABRIELLE C. MCELROY), DIMITRITZA TOROMANOVA, LENORA M. and JOSEPH T.
7
VAETH, LAURO C. and YESENIA VIZCARRA, individually and on behalf of a class of
8
similarly situated individuals who are at imminent risk of the loss of their homes due to
9
foreclosure by Defendants and/or who seek a temporary restraining order and
10
(775) 329-5800, FAX (775) 329-5819
preliminary injunction against Defendants to prevent the imminent foreclosures and sales
11
HAGER & HEARNE
of their homes by Defendants, through their counsel, Robert R. Hager and Treva J.
Reno, NV 89501
12
13 Hearne, allege as follows:
14 STATEMENT OF THE CASE
15 This case arises because the Plaintiffs were the victims of unlawful and wrongful
16 foreclosures and/or an underlying conspiracy to commit fraud that resulted in
17 foreclosures by the Defendants on the Plaintiffs’ homes or, the Defendants are threatening
18 in the near future to foreclose on the homes of the Plaintiffs. These foreclosures were, and
19
are, based upon a deed of trust and a note in each mortgage that are no longer held by the
20
same entity or party and are based upon deeds of trust that were flawed at the date of
21
origination of the loan because the Mortgage Electronic Registration Service (MERS) was
22
named as the beneficiary or nominee of the lender on the deeds of trust and because the
23
naming of MERS as the beneficiary was done for the purpose of harming the borrower.
24
The beneficiaries were never intended to be the lenders and now the servicer bank
25
Defendants declared the default on these loans even though the true beneficiaries have

1 not declared a default and have no further interest in the notes and, finally, the
2 obligations reflected by the notes executed by Plaintiffs allegedly secured by the MERS
3 deeds of trust have been satisfied with the result that there exists no obligation on which
4 to base any foreclosure on the properties owned by the Plaintiffs and the members of the
5
class. Defendants have attempted to foreclose and have actually foreclosed when they do
6
not have a lawful right to foreclose.
7
The bank REO Plaintiffs have been subjected to unlawful and wrongful foreclosure
8
of their residential properties and bring this action for emergency injunctive relief,
9
damages and other claims for relief in order to enjoin the Defendants who purport to have
10
(775) 329-5800, FAX (775) 329-5819
acquired title at foreclosure sales on MERS and MERS member Deeds of Trust. Plaintiffs
11
HAGER & HEARNE
who have been subjected to foreclosure seek damages for the known unlawful foreclosures
Reno, NV 89501
12
13 by Defendants on those fraudulent Deeds of Trust and on obligations that have been
14 satisfied prior to the foreclosure actions by Defendants complained of herein. Other than
15 the REO Plaintiffs, the remainder of the Plaintiffs are at imminent risk of losing their
16 homes because either (1) one or more of the Defendants has served upon those Plaintiffs a
17 notice of default and election to sell the Plaintiffs’ properties or (2) the Plaintiffs are
18 alleged by one or more Defendants to be in default and subject to foreclosure and loss of
19
their homes, and those Plaintiffs hereby seek emergency injunctive relief and damages.
20
Plaintiffs bring this action on behalf of themselves and all other persons similarly situated
21
whose homes have been fraudulently and/or unlawfully foreclosed upon by Defendants
22
on MERS and MERS Deeds of Trust and/or on obligations that were satisfied, each such
23
foreclosure having been commenced and advanced in furtherance of the conspiracy
24
pursuant to which every Defendant herein aided and abetted, and/or participated with
25
and/or conspired with the other named Defendants in the wrongful course of conduct or

1 otherwise caused the damages and injuries claimed herein and are responsible in some
2 manner for the acts, occurrences and events alleged in this Complaint.
3 JURISDICTION
4 1. This Court has jurisdiction pursuant to 28 U.S.C. § 1332 based on diversity
5
of citizenship, as Plaintiffs are residents of the State of Nevada; upon information and
6
belief, each and every Defendant is a foreign corporation; and because this matter is a
7
class action with claims having a value in excess of $5,000,000.00.
8
2. This Court has pendent jurisdiction over Plaintiffs’ state law claims pursuant
9
to 28 U.S.C. § 1367.
10
(775) 329-5800, FAX (775) 329-5819
3. Venue over this matter is appropriate in this Court pursuant to 28 U.S.C. §

11
HAGER & HEARNE
1391(b). The acts complained of occurred, in substantial part, in the State of Nevada, the
Reno, NV 89501
12
13 properties subject to this action are situated in the State of Nevada in the Northern
14 Division and , in small part, the Southern Division of the District of Nevada, the owners of
15 the property reside in Nevada, and, at all relevant times material hereto, the Defendants
16 are or were doing business in Nevada.
17 Parties and Standing

18 4. Plaintiff, LACY JILL DALTON (f.k.a. Jill Croston Anderson) is a resident of
19
Storey County, Nevada. At all times relevant and material hereto, Plaintiff maintained
20
Plaintiff’s primary residence in Storey County, Nevada with the legal description of:
21
LOT 82, as shown on that certain Division of Land Map recorded August 1, 1978, as
22 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
23 Document No. 42925, Official Records of Storey County, Nevada, commonly
referred to as Highland Ranches.
24 APN: 003-451-30
25 Plaintiff’s primary residence as described above is commonly referred to and located at
820 Cartwright Road, Reno, Nevada.

1 5. Plaintiffs, NELLIE AGUILAR and ZENAIDO AGUILAR JACINTO, are
2 residents of Washoe County, Nevada. At all times relevant and material hereto, Plaintiffs
3 maintained Plaintiffs’ residential property in Washoe County, Nevada, with the legal
4 description of:
5
LOT 26 OF SILVERADA SUBDIVISION NO. 1, RENO, NEVADA, ACCORDING TO
6 THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
WASHOE COUNTY, STATE OF NEVADA, ON JUNE 16, 1960, AS TRACT MAP
7 NO. 650.
APN: 008-141-14
8
Plaintiffs’ residential property as described above is commonly referred to and located at
9
1895 East 10th Street, Reno, Nevada.
10
(775) 329-5800, FAX (775) 329-5819
6. Plaintiff, DEAN ANDERSON, is a resident of Lyon County, Nevada.

11
HAGER & HEARNE
At all times relevant and material hereto, Plaintiff maintained Plaintiff’s real property in
Reno, NV 89501
12
13 LYON County, Nevada with the legal description that only included the APN of: 02-0981-
14 08. Plaintiff’s real property as described above is commonly referred to and located at 810
15 SUNNY LANE, FERNLEY, NEVADA.
16 At all times relevant and material hereto, Plaintiff Anderson maintained
17 other properties as follows:

18 (a) Real property in LYON County, Nevada with the legal description that
19
included only: APN: 20-982-16. Plaintiff’s real property as described above is commonly
20
referred to and located at 865 SUNNY LANE, FERNLEY, NEVADA.
21
(b) Real property in LYON County, Nevada with the legal description that
22
consisted only of: APN: 20-982-17Plaintiff’s real property as described above is
23
commonly referred to and located at 835 SUNNY LANE, FERNLEY, NEVADA.
24
25

1 (c) Real property in LYON County, Nevada with the legal description that
2 included only: APN: 20-982-19. Plaintiff’s real property as described above is commonly
3 referred to and located at 775 SUNNY LANE, FERNLEY, NEVADA.
4 7. Plaintiff, EMILY ANDREWS, A SINGLE WOMAN, is a resident of Lyon
5
County, Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s
6
primary residence in Lyon County, Nevada with the legal description of:
7
Lot 253, of Donner Trail Estates Phase VI, as shown on the Final Map for Donner
8 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
9 Amendment recorded on December 6, 2001 as Document No. 269371
APN: 2081407
10
(775) 329-5800, FAX (775) 329-5819
Plaintiff’s primary residence as described above is commonly referred to and located at

11
HAGER & HEARNE
835 Stanton Lane, Fernley, Nevada.

Reno, NV 89501
12
13 8. Plaintiff, JOSE AURELIO APOLINAR, is a resident of Washoe County,
14 Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s
15 residential property in Washoe County, Nevada, for which no legal description was
16 attached to the Deed of Trust but for which the A.P.N. is 202-201-01. The Plaintiff’s
17 residential property as described above is commonly referred to and located at 5202

18 Simons Dr., Reno, Nevada.
19
9. Plaintiff, JESUS L. AREVALO, is a resident of Clark County, Nevada. At all
20
times relevant and material hereto, Plaintiff maintained Plaintiff’s primary residence in
21
Clark County, Nevada with the legal description of:
22
PARCEL I: LOT 71 OF GRAND TETON/VALLEY NW 80 R1 – 60 NO. 1, AS
23 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
24 AMENDED BY CERTIFICATE OF AMENDMENT RECORDED JANUARY 14,
2005 IN BOOK 20040114 AS DOCUMENT NO. 04106 AND AMENDED BY
25 CERTIFICATEE OF AMENDMENT RECORDED JUNE 16, 2005 IN BOOK
20050616 AS DOCUMENT NO. 0001448. PARCEL II: AN EASEMENT FOR

1 INGRESS AND EGRESS OVER PRIVATE STREETS AND COMMON AREAS AS

SHOWN AND DELINEATED ON SAID MAP.
2
APN: 124-07-412-071
3
4
4322 OASIS VALLEY AVE, NORTH LAS VEGAS, NEVADA.
5
10. Plaintiffs, RICHARD AUFIERO and SYLVIA T. AUFIERO, are residents of
6
Washoe County, Nevada. At all times relevant and material hereto, Plaintiff maintained
7
Plaintiff’s primary residence in Washoe County, Nevada with the legal description of:
8
9 LOT 313, OF SIERRA VISTA SUBDIVISION UNIT 3, ACCORDING TO THE MAP
THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE
10 COUNTY, STATE OF NEVADA, ON DECEMBER 22, 2000, AS FILE NO. 2509802,
(775) 329-5800, FAX (775) 329-5819
TRACT MAP NO. 3899. OFFICIAL RECORDS.

11
HAGER & HEARNE
APN: 510-170-05
Reno, NV 89501
12
Plaintiffs’ primary residence as described above is commonly referred to and located at
13
6648 CHULA VISTA COURT, SPARKS, NEVADA.
14
11. Plaintiffs, CHRISTOPHER L BALLENGEE and SAMANTHA P ANDERSON,
15
are residents of Washoe County, Nevada. At all times relevant and material hereto,
16
Plaintiffs maintained Plaintiffs’ primary residence in Washoe Country, Nevada with the
17
legal description of:
18 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
19
Washoe County, State of Nevada on April 21, 2006 as File No. 3377427 of Official
20 Records.
APN: 526-533-06
21
22
7013 VOYAGE DRIVE, SPARKS, NEVADA.
23
12. Plaintiffs, RICHARD J. BEAUCHEMIN and LESLIE A. BEAUCHEMIN, are
24
residents of Storey County, Nevada. At all times relevant and material hereto, Plaintiffs
25

1
maintained Plaintiffs’ primary residence in Storey County, Nevada with the legal
2
description of:
3 LOT 322 ON THAT CERTAIN DIVISION OF LAND MAP RECORDED AUGUST 1,
1978, AS DOCUMENT NUMBER 42452, OFFICIAL RECORDS OF STOREY
4 COUNTY, STATE OF NEVADA, AND AS SHOWN UPON THAT CERTAIN
RECDORD OF SURVEY MAP, RECORDED ON OCTOBER 24, 1978, AS
5 DOCUMENT NUMBER 42925, OFFICIAL RECORDS OF STOREY COUNTY,
NEVADA, COMMONLY REFERRED TO AS HIGHLAND RANCHES.
6
APN: 00336118
7
8
3220 Cartwright Road, Virginia City Highlands, Nevada.
9
13. Plaintiff, PETER M BEEKHOFF JR., is a resident of Douglas County,
10
(775) 329-5800, FAX (775) 329-5819
Nevada. Plaintiff has maintained three pieces of residential property as follows:

11
HAGER & HEARNE
(a) Real property in Douglas County, Nevada with the legal description
Reno, NV 89501
12
of:
13 LOT 21, IN BLOCK D, AS SET FORTH ON FINAL SUBDIVISION MAP NO.
1006-12 FOR CHICHESTER ESTATES, PHASE 12, FILED IN THE OFFICE
14
OF THE COUNTY RECORDER OF DOUGLAS COUNTY, NEVADA AND
15 RECORDED JANUARY 8, 2004 IN BOOK 0104, PAGE 2012, AS
DOCUMENT NO. 601490.
16
APN: 1320-33-817-021
17
Plaintiff’s residential property as described above is commonly referred to
18
and located at 1377 BROOKE, Gardnerville, Nevada 89410.
19
(b) A Leasehold estate as created by that certain sublease dated June 8,
20 2007, made by and between WEST RIDGE HOMES, INC., A NEVADA
CORPORATION, as Lessor, and PETER M. BEEKHOF, JR., AN
21 UNMARRIED MAN, as Lessee, for the term and upon the term and
conditions contained in said sublease recorded June 15, 2007, in Book 0607,
22 Page 4870, as Document No. 703146, Official Records of Douglas County,
Nevada, in and to the following:
23 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
24
County Recorder on July 26, 2004, in Book 0704, Page 10502, as Document
25 No. 619666.
APN: 1121-05-515-004

1
Plaintiff’s residential property as described above is commonly referred to and located at
2
34 CONNER WAY, GARDNERVILLE, NEVADA.
3
4 (c ) Plaintiff’s primary residence in Douglas County, Nevada with the legal
description of:
5
LOT 21, IN BLOCK D, AS SET FORTH ON FINAL SUBDIVISION MAP NO. 1006-
6 12 FOR CHICHESTER ESTATES, PHASE 12, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF COUGLAS COUNTY, NEVADA AND RECORDED
7 JANUARY 8, 2004 IN BOOK 0104, PAGE 2012, AS DOCUMENT NO. 601490.
8 APN: 1320-32-801-029
9 Plaintiff’s residential property referred to and located at 1125 Mill St., Gardnerville,
10 Nevada.
(775) 329-5800, FAX (775) 329-5819
11 14. Plaintiff, JAMES V. BELL, is a resident of Washoe County, Nevada. At all

HAGER & HEARNE
Reno, NV 89501
12 times relevant and material hereto, Plaintiff maintained Plaintiff’s real property in
13 Washoe County, Nevada with the APN: 007-373-08. Plaintiff’s primary residence as
14 described above is commonly referred to and located at 523 WEST 11TH STREET, RENO,
15 NEVADA.
16 15. Plaintiffs, JOHN BENNET and NANCY E. BENNETT, are residents of
17 Washoe County, Nevada. At all times relevant and material hereto, Plaintiffs maintained
18 Plaintiffs’ primary residence in Washoe County, Nevada with the legal description of:
19
Lot 14 as shown on the map of SIERRA MEADOWS SUBDIVISION UNIT NO. 7,
20 FILED IN THE OFFICE OF THE County Recorder of Washoe County, State of
Nevada, on April 4, 1973.
21
APN: 036-11-18
22
23
705 Sageview Court, Sparks, Nevada.
24
25

1
16. Plaintiff VALERIE BRANCA is a resident of California. Plaintiff has
2
maintained her residential property in Washoe County, Nevada, with a legal description
3
of:
4 PARCEL 1:
5 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
6 Nevada on October 17, 1974, as file No. 344392, as Tract Map No. 1501.
7 PARCEL 2:
8 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
9 County Recorder of Washoe County, State of Nevada, on October 17, 1974, as file
No. 344392, as Tract Map No. 1501.
10
(775) 329-5800, FAX (775) 329-5819
EXCEPTING AND RESERVING, a non-exclusive easement appurtenant to the

11 adjoining unit for the maintenance of a party wall on or along the common
HAGER & HEARNE
boundary between said adjoining unit.

Reno, NV 89501
12
TOGETHER WITH the following appurtenant easements:
13
A. A non-exclusive easement for repair, ingress to and egress from the unit
14 through the adjacent common area, and over and along that portion of common
area described as private streets as shown on the map.
15
B. A non-exclusive easement burdening the adjoining unit for the maintenance of
16 a party wall on or along the common boundary between the adjoining unit.
17 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
18 exclusion of the owners of the other units.
19 APN: 086-471-58
20 Plaintiff’s residential property described herein is commonly referred to as: 12301 GREEN
21 MOUNTAIN STREET, RENO, Nevada.

17. Plaintiffs, AURELIO APOLINAR-LOPEZ and RAMIREO M. BRENES, are
22
residents of Washoe County, Nevada. At all times relevant and material hereto, Plaintiffs
23
24 maintained Plaintiffs’ residential property in Washoe County, Nevada, with the legal
25 description of:

1 LOT 45 AS SHOWN ON THE MAP OF “GRAND SUMMIT SUBDIVISION” TRACT

MAP NO. 4315, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
2 WASHOE COUNTY, STATE OF NEVADA, ON MARCH 4, 2004, AS FILE NO.
3002381 OF OFFICIAL RECORDS.
3
APN: 202-192-20.
4
The Plaintiffs’ residential property as described above is commonly referred to and located
5
at 1105 Silver Crest Circle, Reno, Nevada.
6
18. Plaintiff, BETTY J. BURSON, is a resident of Washoe County, Nevada. At all
7
times relevant and material hereto, Plaintiff maintained Plaintiff’s primary residence in
8
Washoe County, Nevada, with the legal description of:
9
LOT 16 IN BLOCK G, OF SPRING CREEK SUBDIVISION-UNIT 2H, AS SHOWN
10 ON THE OFFICIAL MAP THEREOF FILED IN THE OFFICE OF THE COUNTY
(775) 329-5800, FAX (775) 329-5819
RECORDER WAHSOE COUNTY, STATE OF NEVADA ON OCTOBER 7, 1994, AS

11
FILE NO. 1839681 AND TRACT MAP NO. 3087.

HAGER & HEARNE
Reno, NV 89501
12 APN: 083-872-09
13 Plaintiffs’ primary residence as described above is commonly referred to and located at
14 710 Blue Skies Drive, Sparks, Nevada.
15 19. Plaintiff, KAREN L CELONE, is a resident of Washoe County, Nevada.
16 At all times relevant and material hereto, Plaintiff maintained Plaintiff’s residential
17 property in Washoe County, Nevada with the legal description of:

18 LOT 301 BLOCK A OF SADDLEHORN SUBDIVISION UNIT 3, ACCORDING TO
THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
19
WASHOE COUNTY, STATE OF NEVADA, ON AUGUST 30, 1990, AS FILE NO.
20 1423822, OFFICIAL RECORDS, AS TRACT NO. 2720. TAX ID: 150-201-12
APN: 150-201-12
21
Plaintiff’s real property as described above is commonly referred to and located at 14155
22
QUIET MEADOW CT., RENO, NEVADA.
23
20. Plaintiff, HARRY R. COUSINS, is a resident of Washoe County, Nevada. At
24
all times relevant and material hereto, Plaintiff maintained Plaintiff’s real property in
25
Washoe County, Nevada with the legal description of:

1 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,
2 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
3 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
4 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
5
of tangency of a 15 foot radius curve thence from a bearing running due North said
6 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
7 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
8 corporation, recorded November 2, 1964, in Book 34, Page 390.
9 APN: 019-022-22

(775) 329-5800, FAX (775) 329-5819
11 700 West Plumb Lane, Reno, Nevada.

HAGER & HEARNE
21. Plaintiffs, DAVID DOUGLAS DAHL & KAY DAHL, are residents of Washoe
Reno, NV 89501
12
13 County, Nevada. At all times relevant and material hereto, Plaintiffs maintained property
14 as follows:
15 (a) Residential property in Washoe County, Nevada with the legal description
16 of:
17 LOT 27 OF HARBOUR COVE SUBDIVISION, ACCORDING TO THE MAP

18 COUNTY, STATE OF NEVADA, ON JUNE 8, 2001, AS DOCUMENT NO. 2562095
OF OFFICIAL RECORDS, AND AS TRACT MAP NO. 3960.
19
APN: 037-342-08
20
21
1154 HARBOUR COVE COURT, SPARKS, Nevada.
22
(b) Residential property in Washoe County, Nevada with the legal description
23
of:
24
LOT 26 OF HARBOUR COVE SUBDIVISION, ACCORDING TO THE MAP
25

1 COUNTY, STATE OF NEVADA, ON JUNE 8, 2001, AS DOCUMENT NO. 2562095

OF OFFICIAL RECORDS, AND AS TRACT MAP NO. 3960.
2
APN: 037-342-09
3
Plaintiff’s property as described above is commonly referred to and located at 1152
4
HARBOUR COVE COURT, SPARKS, Nevada.
5
(c) Residential property in Washoe County, Nevada with the APN: 037-341-27.
6
Plaintiff’s property as described above is commonly referred to and located at 1199
7
HARBOUR COVE COURT, SPARKS, Nevada.
8
22. Plaintiffs, KIMBERLEY A. DIMINO and CHARLES A. DIMINO, are
9
10
(775) 329-5800, FAX (775) 329-5819
maintained Plaintiffs’ primary residence in Washoe County, Nevada with the legal
11
description of:
HAGER & HEARNE
Reno, NV 89501
12
13 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
14 as document no. 2562095 of official records and as tract map no. 3960.
15 APN: 037-342-13
17 1142 HARBOUR COVE COURT, SPARKS, NEVADA.
18 23. Plaintiff, DIMITRE O. DINTCHEV, is a resident of Washoe County, Nevada.
19 At all times relevant and material hereto, Plaintiff maintained Plaintiff’s primary
20 residence in Washoe County, Nevada with the only legal description attached to the deed
21 of trust as APN: 204-702-01. Plaintiff’s primary residence as described above is
22 commonly referred to and located at 6401 PEAVINE HILLS AVENUE, RENO, NEVADA.
23 24. Plaintiff, MICHAEL T. EPPS, is a resident of Douglas County, Nevada. At all
24 times relevant and material hereto, Plaintiff maintained Plaintiff’s primary residence
25 where his daughter presently resides in Douglas County, Nevada with the legal description
of:
1
LOT 10, AS SHOWN ON THE MAP OF GARDNERVILLE RANCHOS UNIT NO. 2,
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,
3 AS DOCUMENT NO. 28377.
4 APN: 1220-15-110-086
5 Plaintiff’s primary residence as described above is commonly referred to and
6 located at 946 DRESSLERVILLE ROAD, GARDNERVILLE, NEVADA.

7
25. Plaintiffs, DARREL J. and VIVIAN M. FEEMSTER, are
8
residents of Washoe County. At all times relevant and material hereto,
9
Plaintiffs maintained residential property in Washoe County, Nevada with
10
(775) 329-5800, FAX (775) 329-5819
the legal description of:

11
HAGER & HEARNE
Reno, NV 89501
12 BEING LOT 15, IN BLOCK 3, OF STERLING VILLAGE, RENO,

WASHOE COUNTY, NEVADA, ACCORDING TO THE MAP
13 THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDED
OF WASHOE COUNTY, STATE OF NEVADA, ON NOVEMBER 22,
14 1948.
15 A.P.N. 008-01-215.
16
Plaintiffs’ residential property as described above is commonly referred to
17
and located at 680 Winston Drive, Reno, Nevada.
18
26. Plaintiff, CASIMIRO JIMENEZ GRANADOS, is a resident of Washoe
19 County, Nevada. At all times relevant and material hereto, the Plaintiff maintained
residential property with the legal description of:
20
Lot 5 in Block 10 of HILLBORO SUBDIVISION NO. 2., according to the map
21 thereof, filed in the office of the County Recorder of Washoe County, State of
Nevada, on May 21, 1956, as Tract Map No. 534.
22
APN: 008-052-05
23
24
25 1580 Trainer Way, Reno, Nevada.

1 27. Plaintiff, JONI ANN HAMMITT, is a resident of Washoe
2 County, Nevada. At all times relevant and material hereto, Plaintiff

3 maintained residential property in Washoe County, Nevada with the legal
4 description of:
5
LOT 55, OF “NORTHSTAR RANCH PHASE I,” ACCORDING TO
6 THE OFFICIAL MAP THEREOF, FILED IN THE OFFICE OF THE
RECORDER OF WASHOE COUNTY, NEVADA, ON DECEMBER 10,
7 2004, AS DOCUMENT NO. 3140621, TRACT NO. 4424.
8 A.P.N. 502-371-02
9 Plaintiff’s residential property as described above is commonly referred to as

10
7830 Opal Station Drive, Reno, Nevada.
(775) 329-5800, FAX (775) 329-5819
11
28. Plaintiffs, GARY W. HEMBREE AND CHARLENE E. HEMBREE, are

HAGER & HEARNE
Reno, NV 89501
12
residents of Carson City, Nevada. At all times relevant and material hereto, Plaintiffs
13
maintained Plaintiffs’ real properties as follows:
14
(a) Real property in Churchill County, Nevada with the legal description as
15
follows:
16
Lot 6 of the Raven’s Nest Subdivision Map, Unit No. 1, recorded September
17
3, 2002, under Document No. 345927, Official Records, Churchill County,
18 Nevada
APN: 1-641-23
19
Plaintiffs’ residential property as described above is commonly referred to and located at
20
644, 646, 648 & 650 LESLIE COURT, FALLON, NEVADA.
21
22 (b) Real property in Churchill County, Nevada with the legal description of:
23 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.
24
APN: 1-641-26.
25

1 Plaintiff’s residential property as described above is commonly referred to and
2 located at 680, 682, 684 & 686 LESLIE COURT, FALLON, NEVADA.
3 (c) Real property in Lyon County, Nevada with the legal description only
4 including: APN: 020-983-05. Plaintiffs’ real property as described above is commonly
5
referred to and located at 605 STARLITE DRIVE, FERNLEY, NEVADA.
6
(d) Real property in Lyon County, Nevada with the legal description that
7
includes only: APN: 020-982-08. Plaintiffs’ real property as described above is
8
commonly referred to and located at 670 STARLITE DRIVE, FERNLEY, NEVADA.
9
(e) Real property in Lyon County, Nevada with the only legal description
10
(775) 329-5800, FAX (775) 329-5819
attached as: APN: 020-982-10. Plaintiffs’ real property as described above is commonly
11
HAGER & HEARNE
referred to and located at 730 STARLITE DRIVE, FERNLEY, NEVADA.

Reno, NV 89501
12
13 (f) Real property in Lyon County, Nevada with only a legal description that
14 included: APN: 020-983-04. Plaintiffs’ real property as described above is commonly
15 referred to and located at 635 STARLITE DRIVE, FERNLEY, NEVADA.
16 (g) Real property in Lyon County, Nevada with the legal description of:
17 LOT 12, AS SHOWN ON THE FINAL MAP FOR COUNTRY VILLAGE PHASE 2
RECORDED IN THE OFFICIAL RECORDS OF LYON COUNTY, NEVADA ON
18 OCTOBER 2, 2003 AS DOCUMENT NO. 305500.
APN: 020-982-07
19
20 Plaintiffs’ real property as described above is commonly referred to and located at 640
21 STARLITE DRIVE, FERNLEY, NEVADA.

22 (h) Real property in Churchill County, Nevada with the only legal description of
23
the property as APN: 001-641-18. Plaintiffs’ real property as described above is
24
commonly referred to and located at 691, 693, 695, 697 LESLIE CT, FALLON, NEVADA.
25

1 (i) Real property in Churchill County, Nevada with the only legal description
2 as: APN: 001-641-21. Plaintiffs’ real property as described above is commonly referred to
3 and located at 655, 657, 659, 661 LESLIE CT, FALLON, NEVADA.
4
(j) Real property in Churchill County, Nevada with the only legal description
5
as: APN: 001-641-27. Plaintiffs’ real property as described above is commonly referred to
6
and located at 692, 694, 696, and 698 Leslie Court, Fallon, Nevada.
7
(k) Real property in Churchill County, Nevada with the only legal description
8
9 as: APN: 001-641-24. Plaintiffs’ real property as described above is commonly referred to
10 and located at 656. 658. 660, 662 LESLIE CT, FALLON, NEVADA.
(775) 329-5800, FAX (775) 329-5819
11 (l) Real property in Churchill County, Nevada with the legal description of:
HAGER & HEARNE
Reno, NV 89501
12 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
13 APN: 1-641-25
14
Plaintiff’s real property as described above is commonly referred to and located at 668,
15
670, 672 & 674 LESLIE COURT, FALLON, NEVADA.
16
17 (m) Real property in Lyon County, Nevada with the only legal description as
18 APN: 020-982-09. Plaintiffs’ real property as described above is commonly referred to
19 and located at 700 Starlight Drive, Fernley, Nevada.
20 29. Plaintiff, DAVID HUTLER, is a resident of Storey County, Nevada. At all
21 times relevant and material hereto, Plaintiff maintained Plaintiff’s primary residence in
22 Storey County, Nevada with the legal description of:
23
Lot 11-A, in Block O as shown on Lot Consolidation recorder in the County of
24 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,
25 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
1 Recreational Land Company, Inc., a Nevada corporation, recorded October 8, 1971,

in Book 67 of Deed Records, at Page 39, under File No. 34634.
2
APN: 003-071-08
3
5 located at 2091 LOUSETOWN ROAD, RENO, NEVADA.
6 30. Plaintiff, NEIL M. JOHNSON, is a resident of Washoe County, Nevada. At

7 all times relevant and material hereto, Plaintiff maintained Plaintiff’s primary residence in
8 Washoe County, Nevada with the legal description of:
9
PARCEL 1:
10
(775) 329-5800, FAX (775) 329-5819
Lot 209, as shown on the Map of TRUCKEE RIVER HIGHLANDS, Tract Map No.
11 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.

HAGER & HEARNE
Reno, NV 89501
12
13 PARCEL 2:
An easement for improvements and access including retaining walls as set forth in
14 that certain instrument entitled “Improvement and Access Easement” recorded
August 01, 2003 as Document No. 2898305, Official Records, Washoe County,
15 Nevada.
16 PARCEL 3:
Easements for access and utilities reserved by Grantor as set forth under in that
17 certain Grant, Bargain and Sale Deed, executed by the
Grantor, recorded on May 24, 2002 as Document No. 2691402 in the Official
18
Records of Washoe County, Nevada; and conveyed to this Grantor by that certain
19 Grant Deed executed by BORIS B. SELITSCH AND SHANNON A. SELITSCH,
husband and wife, as joint tenants and MICHAEL HANSEN and JOY HANSEN,
20 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
21 County, Nevada.
22 APN: 212-033-03
Plaintiff’s primary residence as described above is commonly referred to and
23
24 located at 8080 HIGHLAND FLUME CIRCLE, RENO, NEVADA.
25

1 31. Plaintiff, HOLLY KINNEY, A SINGLE WOMAN, is a resident of Washoe
2 County, Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s
3 residential property in Washoe County, Nevada with the legal description of:
4 LOT 20 OF SOUTHWEST TERRACE UNIT NO. 1, WASHOE COUNTY, NEVADA,
ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE
5
COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON AUGUST
6 02, 1962, AS TRACT MAP NO. 783.
APN: 023-111-20
7
Plaintiff’s residential property as described above is commonly referred to and
8
located at 3251 SAN SIMEON COURT, RENO, NEVADA.
9
32. Plaintiffs, JAMES M. KOSCHELLA and TERESA R. KOSCHELLA,
10
(775) 329-5800, FAX (775) 329-5819
HUSBAND AND WIFE, are residents of Washoe County, Nevada. At all times relevant
11
HAGER & HEARNE
and material hereto, Plaintiffs maintained Plaintiffs’ primary residence in Washoe County,
Reno, NV 89501
12
13 Nevada with the legal description of:
14 LOT 8 IN BLOCK C OF COLD SPRINGS VALLEY HOMES UNIT NO.2,

ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE
15 COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON
NOVEMBER 1, 1978.
16
APN: 087-225-03
18 3890 PEREGRINE CIR, RENO, NEVADA.

19 33. Plaintiff, MARIA R. LEONARD, is a resident of Douglas County, Nevada. At
20
all times relevant and material hereto, Plaintiff maintained her primary residence with a
21
legal description which is an APN of 122-022-110-099.
22
23
752 E. Peak Lane, Gardnerville, Nevada.
24
25

1 34. Plaintiff, JENNIFER MENDOZA,(aka JENNIFER LOPEZ), is a resident of
2 Washoe County, Nevada. At all times relevant and material hereto, Plaintiff maintained
3 Plaintiff’s primary residence in Washoe County, Nevada with the legal description of:
4 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.
5
3237769, Tract Map No. 4510.
6 APN: 502-641-33
8 located at 5010 COGGINS RD, RENO NEVADA.
9 35. Plaintiffs, JOHN V. LYNCH & RONICA LYNCH, Husband & Wife, are
10
residents of Douglas County, Nevada. At all times relevant and material hereto, Plaintiffs
(775) 329-5800, FAX (775) 329-5819
11
maintained Plaintiffs’ residential property in Douglas County, Nevada with the legal
HAGER & HEARNE
Reno, NV 89501
12
description of:
13
Parcel A-2 as shown on Parcel Map No. 2 for DON AND FRANCIE LOCKMAN,
14 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
15 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
16 County, Nevada.
17
APN: 1220-24-401-004
18
Plaintiffs’ primary residence as described above is commonly referred to and
19
located at 638 CLYDESDALE COURT, GARDNERVILLE, NEVADA.
20
36. Plaintiffs, JAMI D. MCHENRY and STEVEN W. WALLACE, are residents of
21
22 Washoe County, Nevada. At all times relevant and material hereto, Plaintiff maintained
23 Plaintiff’s primary residence in Washoe County, Nevada with the legal description of:
24 LOT 37 OF NORTHGATE, AS SHOWN B Y MAP THEREOF FILED IN THE

OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, NEVADA.
25
APN: 208-361-10

2 located at 2771 SUNLINE DRIVE, RENO, NEVADA.

3
37. Plaintiffs, BRIAN MCKAY and LAWRENCE D. MCKAY, are residents of
4
Washoe County, Nevada. At all times relevant and material hereto, Plaintiffs maintained
5
Plaintiffs’ residential property in Washoe County, Nevada with the legal description of:
6
Lot 5-57 of THE FOOTHILLS AT WINGFIELD VILLAGE 5, according to the map
7 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
8
9 APN: 526-371-02
10 Plaintiffs’ residential property as described above is commonly referred to

(775) 329-5800, FAX (775) 329-5819
11 and located at 4329 Clearwood Drive, Sparks, Nevada.

HAGER & HEARNE
Reno, NV 89501
12
38. Plaintiff, MICHAEL F. MCKEON,is a resident of Douglas County, Nevada.
13
At all times relevant and material hereto, Plaintiff maintained Plaintiff’s primary
14
residence in Douglas County, Nevada with the legal description of:
15
16 LOT 20, OF IDLE ACRES SUBDIVISION, AS SHOWN ON THE OFFICIAL MAP
THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF DOUGLAS
17 COUNTY, NEVADA, ON APRIL 5, 1960, IN BOOK 1 OF MAPS, DOCUMENT NO.
15812.
18
APN: 1220-22-211-009
20 located at 1418 PURPLE SAGE DRIVE, GARDNERVILLE, NEVADA
21
39. Plaintiffs, WILFREDO G. MARIANO and AGNES MARIANO,
22
are residents of Washoe County, Nevada. At all times relevant and material
23
hereto, Plaintiffs maintained Plaintiffs’ primary residence in Washoe
24
25 County, Nevada with a legal description of:

1 LOT 156 OF DESERT HIGHLANDS, UNIT 4F, A PLANNED

DEVELOPMENT, ACCORDING TO THE MAP THEREOF, FILED IN
2 THE OFFICE OF THE COUNTY RECORDER OR WASHOE
COUNTY, NEVADA, ON SEPTEMBER 13, 2001, AS FILE NO.
3 2595962, TRACT MAP NO. 4002.
4 APN: 514-482-08.
5 Plaintiffs’ primary residence as described above is commonly referred to and

6
located at 2926 E. Nashua Place, Sparks, Nevada.
7
40. Plaintiffs, JOHN MASON and BIANCA MASON, are residents
8
of Washoe County, Nevada. At all times relevant and material hereto,
9
Plaintiffs maintained Plaintiffs’ primary residence in Washoe County,
10
(775) 329-5800, FAX (775) 329-5819
11 Nevada, with a legal description:

HAGER & HEARNE
Reno, NV 89501
12 PARCEL 1 OF PARCEL MAP NO. 3258 ACCORDING TO THE MAP

THEROF, FILED IN THE OFFICE OF THE COUNTY RECORDER
13 OF WASHOE COUNTY, STATE OF NEVADA, ON OCTOBER 22,
1997, AS FILE NO. 2147072 OFFICIAL RECORDS.
14
PARCEL 2: SITUATE IN THE SOUTHWEST ¼ OF THE
15 NORTHWEST ¼ OF SECTION 7, TOWNSHIP 18 NORTH, RANGE
20 EAST, M.D.B.& M., COUNTY OF WASHOE, STATE OF NEVADA
16 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
17 BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 3 OF
PARCEL MAP NO. 3258, FILE NO. 2147092 AS FILED IN THE
18 WASHOE COUNTY RECORDERS OFFICE, WHICH THE
SOUTHWEST CORNER OF SAID SECTION 7 BEARS SOUTH 11º 53’
19 54” WEST A DISTANCE OF 3052.22 FEET; THENCE FROM POINT
OF COMMENCEMENT, NORTH 00º 54’ 00” WEST A DISTANCE
20 OF 235.00 FEET; THENCE NORTH 89º 06’ 00”EAST A DISTANCE
OF 104.00 FEET; THENCE NORTH 21º 35’ 34” EAST A DISTANCE
21 OF 248.48 FEET; THENCE SOUTH 48º 54’ 43” EAST A DISTANCE
OF 343.18 FEET; THENCE SOUTH 00º 06’ 20” WEST A DISTANCE
22
OF 235.04 FEET; THENCE SOUTH 89º 06’ 01” WEST A DISTANCE
23 OF 450.02 FEET TO THE POINT OF BEGINNING.
NOTE (NRS 111.312): THE ABOVE METES AND BOUNDS
24 DESCRIPTION APPEARED PREVIOUSLY IN THAT CERTAIN
INSTRUMENT, RECORDED IN THE OFFICE OF THE COUNTY
25 RECORDER OF WASHOE COUNTY, NEVADA ON JUNE 30, 2004,
AS DOCUMENT NO. 3062318, OF OFFICIAL RECORDS.

1 APN: 04427019 and APN: 04427014

Plaintiffs’ residence as described above is commonly referred to and
2
3 located at 1200 W. Holcomb Lane, Reno, Nevada.
4
41. Plaintiffs, GILBERTO J. MENDOZA AND GABRIELA T. MENDOZA, are
5
6
maintained Plaintiffs’ residential property in Washoe County, Nevada, with the legal
7
description of:
8
LOT 227 IN BLOCK A, OF STONE CREEK PHASE V AT HIGHLAND RANCH
9 NORTH, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON JUNE 9,
10 1994, AS FILE NO. 1805401, AS TRACT MAP NO. 3050.
(775) 329-5800, FAX (775) 329-5819
11 APN: 508-231-33
HAGER & HEARNE
Plaintiffs’ residential property as described above is commonly referred to and

Reno, NV 89501
12
13 located at 6370 SAGINAW COURT, SUN VALLEY, NEVADA.
14 42. Plaintiffs, JEAN MERKELBACH and CHAD SMITTKAMP, Wife and

15
Husband, are residents of Douglas County, Nevada. At all times relevant and material
16
hereto, Plaintiffs maintained Plaintiffs’ primary residence in Douglas County, Nevada with
17
18
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF NEVADA,
19
COUNTY OF DOUGLAS, DESCRIBED AS FOLLOWS:
20 ALL THAT PORTION OF SECTION 3, TOWNSHIP 14 NORTH, RANGE 18 EAST,
M.D.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
21
BEGINNING AT THE CENTER ¼ CORNER OF SAID SECITON 3, AS
22 ESTABLISHED BY THE BUREAU OF LAND MANAGEMENT IN 1990: THENCE
SOUTH 89º 19’ 25” EAST 97.45 FEET TO THE NORTHWEST CORENER OF LOT
23 C GLENBROOK UNTI NO. 3, FILED FOR RECORD ON JUNE 1, 1980,
DOCUMENT NO.45299;
24
THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT C, SOUTH 27º 07’
25 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

1 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
2 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
3 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
4 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
5
FEET; THENCE SOUTH 89º 19’ 25” EAST 735.21 FEET TO THE POINT OF
6 BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION DESCRIBED IN
THE “STIPULATION ORDER” RECORDED DECEMBER 19, 2000 IN BOOK 1200,
7 PAGE 3832, FILE NO. 50S326. THE ABOVE DESCRIBED LAND IS ALSO
DESCRIBED AS TRACT 1 ON THE RECORD OF SURVEY FILED FEBRUARY 17,
8 2004 AS FILE NO. 604853. NOTE THE ABOVE METES AND BOUND
DESCRIPTION APPEARED PREVIOUSLY IN THAT CERTAIN DOCUMENT
9 RECORDED FEBRUARY 9, 2005, IN BOOK 0205, PAGE 3125, AS INSTRUMENT
NO. 636343.
10
(775) 329-5800, FAX (775) 329-5819
APN 1418-03-301-009
11 Plaintiffs’ primary residence described herein is also commonly referred to as 2190 Lands
HAGER & HEARNE
Reno, NV 89501
12 End Rd, Glenbrook, Nevada.

13
43. Plaintiff, CHRISTOPHER L. NELSON, is a resident of Washoe County,
14
Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s primary
15
residence in Washoe County, Nevada. No legal description was provided to this Plaintiff
16
on the deed of trust and the only legal description is given as A.P.N. 530-171-02.
17
18
830 ALENA WAY, SPARKS, NEVADA.
19
44. Plaintiff, GARY A NEWTON, is a resident of Washoe County, Nevada. At all
20
21 times relevant and material hereto, Plaintiff maintained Plaintiff’s real property in
22 Washoe County, Nevada as follows:
23 (a) Real property described as APN: 037-341-04. Plaintiff’s primary residence
24 as described above is commonly referred to and located at 1113 HARBOUR COVE COURT,
25 SPARKS, NEVADA.

1 (b) Real property described as APN: 037-341-07. Plaintiff’s residential property
2 as described above is commonly referred to and located at 1125 HARBOUR COVE

3 COURT, SPARKS, NEVADA.
4 45. Plaintiff, PAMELA PENNY, and who is also known as PAMELA
5
RUTHERFORD, is a resident of Clark County, Nevada. At all times relevant and material
6
hereto, Plaintiff maintained Plaintiff’s residential property in Clark Country, Nevada with
7
8
LOT ONE HUNDRED EIGHTY-FIVE (185) IN BLOCK THREE (3) OF CIMARRON
9 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,
10 NEVADA
(775) 329-5800, FAX (775) 329-5819
11 APN: 178-04-520-014.
HAGER & HEARNE
Reno, NV 89501
12 Plaintiff’s residential property as described above is commonly referred to and located at
13 718 Panhandle Drive, Henderson, Nevada.
14 Plaintiff also maintains residential property with Plaintiff Phil Rutherford, a
15 resident of Lyon County, Nevada, located in Lyon County, Nevada, with a legal description
16 that included only: APN 018-515-16. Plaintiffs’ residential property as described above is
17 commonly referred to as 4030 Citrus St., Silver Springs, Nevada.
18 46. Plaintiffs, NORMA P. PIZZUTO and DARREN DISMUKE, are residents of
19 Clark County, Nevada. At all times relevant and material hereto, Plaintiffs maintained
20 residential property wherein the deed of trust only provided an APN 161-30-412-027 as
21 the legal description. Plaintiffs’ residential property described herein is commonly
22 referred to as 3654 Winner Drive, Las Vegas, Nevada.
23 47. Plaintiffs, WOJCIECH POLANSKI AND MARIOLA POLANSKI, are
24 residents of Washoe County, Nevada. At all times relevant and material hereto, Plaintiffs
25 maintained Plaintiffs’ primary residence in Washoe County, Nevada with the legal
description of:
1
LOT 79 OF “DOUBLE DIAMOND RANCH VILLAGE 19B, A PLANNED
2 DEVELOPMENT”, IN THE CITY OF RENO, COUNTY OF WASHOE, STATE OF
NEVADA, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF
3 THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON
APRIL 3, 2003, AS FILE NO. 2831796, TRACT MAP NO. 4187
4
APN: 160-882-05
5
Plaintiffs’ primary residence as described above is commonly referred to and
6
located at 10562 THISTLE BERRY COURT, RENO, NEVADA.
7
48. Plaintiffs, RANDALL H. REES AND JUNE ANN REES, are residents of
8
9
10
(775) 329-5800, FAX (775) 329-5819
11 PARCEL 1:
HAGER & HEARNE
LOT 5221, BUILDING 52/1, UNIT C2, OF TANAMERA PHASE 1, A

Reno, NV 89501
12
CONDOMINIUM SUBDIVISION, TRACT MAP NO. 4620, FILED IN THE OFFICE
13 OF THE COUNTY RECORDER OF WASHOE COUNTY,
STATE OF NEVADA ON MARCH 16, 2006 AS FILED NO. 3362184 OF OFFICIAL
14 RECORDS, AND AMENDED BY “CERTIFICATE OF AMENDMENT” RECORDED
MAY 2, 2006 AS DOCUMENT NO. 3382919 OF OFFICIAL RECORDS.
15
PARCEL 2:
16 AN UNDIVIDED INTEREST IN, AND EASEMENT OVER, THE COMMON AREA
AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND
17 RESTRICTIONS FOR TANAMERA CONDOMINIUMS, RECORDED FEBRUARY
21, 2003 AS DOCUMENT OF NO. 3351160 OF OFFICIAL RECORDS.
18
PARCEL 3:
19
AN EASEMENT FOR ACCESS OVER THAT PORTION OF PARCEL A OF PARCEL
20 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
21 OFFICIAL RECORDS, DESIGNATED AS “24’ ACCESS EASEMENT AND 28’
ACCESS EASEMENT” ON SAID PARCEL MAP.
22
PARCEL 4:
23
EASEMENTS AS CONTAINED IN THAT DOCUMENT ENTITLED “CROSS
24 EASEMENT AGREEMENT” RECORDED DECEMBER 1, 1999 AS DOCUMENT
NO. 2402837 OF OFFICIAL RECORDS.
25
APN: 160-918-24

1 Plaintiff’s residential property as described above is commonly referred to and
2 located at 900 S. MEADOWS PKWY, APT 5221, RENO, NEVADA.

3 49. Plaintiffs, CHARISE K. ROBERTS AND TODD C. ROBERTS, WIFE AND
4 HUSBAND AS JOINT TENANTS, are residents of Washoe County, Nevada. At all times
5
relevant and material hereto, Plaintiffs maintained Plaintiffs’ residential property in
6
7
LOT 119 IN BLOCK H OF SIERRA HILLS, A R-I SUBDIVISION, ACCORDING TO
8 THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY, RECORDER OF
WASHOE COUNTY, STATE OF NEVADA, ON NOVEMBER 16, 1977
9
APN: 001-172-08
10
(775) 329-5800, FAX (775) 329-5819
11
3976 KENTWOOD COURT, RENO, NEVADA.

HAGER & HEARNE
Reno, NV 89501
12
50. Plaintiffs, NIGEL RUDLIN, A SINGLE MAN, is a resident of Washoe
13
County, Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s
14
primary residence in Washoe County, Nevada with the legal description of:
15
Lot 1 in Block I of INCLINE VILLAGE UNIT NO. 1, according to the map thereof,
16 filed in the office of the County Recorder of Washoe County, State of Nevada, on
September 9, 1968, as Tract Map No. 1077.
17
18 APN: 125-223-24

20 821 GERALDINE DRIVE, INCLINE VILLAGE, NEVADA.
21
51. Plaintiff, EFRAIN DELAROSA SALDANA, is a resident of Lyon County,
22
Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s
23
residential property in Lyon County, Nevada with the legal description of:
24
LOT 70, AS SHOWN ON THE OFFICIAL PLAT OF SUNDANCE SUBDIVISION
25 PHASE 1, RECORDED APRIL 12, 2004, AS DOCUMENT NO. 318077.
APN: 022-073-16

1 Plaintiff’s real property as described above is commonly referred to and located at 1254
2 Mountain Rose Drive, Fernley, Nevada.

3 52. Plaintiff, ANTONIO SERVIDIO, a single man, is a resident of Washoe
4 County, Nevada. At all times relevant and material hereto, Plaintiff maintained Plaintiff’s
5
real properties as follows:
6
(a) Property in Washoe County, Nevada, described as:
7
Parcel 1:
8
Lot 13-92 of THE FOOTHILLS AT WINGFIELD VILLAGE 13A, according to the
9 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
10 Map No. 4423.
(775) 329-5800, FAX (775) 329-5819
11 Parcel 2:
A non-exclusive easement of use and enjoyment in, to, and throughout the
HAGER & HEARNE
Reno, NV 89501
12 Common Elements and for ingress, egress, and support over and through the
Common Elements as set forth in the SUPPLEMENTAL DECLARATRION OF
13 COVENANTS, CONDITIONS AND RESTRICTIONS FOR IRONSTONE (THE
FOOTHILLS AT WINGFIELD VILLAGE 13) recorded November 22, 2004 as
14 Document No. 3131993 of Official Records.
15 APN: 526-154-01
17 Antinori Drive, SPARKS, NEVADA.
18
(b) Residential property in Lyon County, Nevada with the legal description of:
19
Lot 70, as shown on the Final Map of ENNOR RANCH ESTATES, UNIT NO. 1E,
20 recorded in the official records of Lyon County, Nevada, on DECEMBER 18, 1997
AS DOCUMENT NO. 213343.
21
APN# 20-662-02
22
23
Shadow Lane, FERNLEY, NEVADA.
24
(c) Residential property in Washoe County, Nevada with the legal description
25
of:

1 All that certain real property situate in the City of Sparks, County of Washoe, State of
2 Nevada, described as follows:

3 Lot 140 of FIRENZE @D’ANDREA SUBDIVISION PHASE 2 (A Planned
Development), in the City of Sparks, County of Washoe, State of Nevada, according
4 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;
5
and as amended by Certificates of Amendments recorded December 04, 2001 as
6 Document No. 2624569 and 2624587, and September 24, 2002, as Document No.
2739204, all of Official Records.
7
8 APN: 402-325-08
9
10
(775) 329-5800, FAX (775) 329-5819
Roseto Cir., SPARKS, NEVADA.

11
HAGER & HEARNE
(d) Residential property in Washoe County, Nevada with the legal description
Reno, NV 89501
12
13 of:
14 All that certain real property situate in the City of Sparks, County of Washoe, State of
15 Nevada, described as follows:
16 Parcel 1:
18 Map No. 4423.
Parcel 2:
19 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
20 Common Elements as set forth in the SUPPLEMENTAL DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR IRONSTONE (THE
21
APN: 526-154-17
23
24
Sportoletti Dr., SPARKS, NEVADA.
25

1
(e) Residential property in Washoe County, Nevada with the legal description
2
of:
3
Parcel 1:
4 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
5 Nevada, on December 6, 2004, as File No. 3138433, Official Records, and as Tract
Map No. 4423.
6
Parcel 2:
7 A non-exclusive easement for ingress, egress, and support over and through the
Common Elements as set forth in the SUPPLEMENTAL DECLARATION OF
8 COVENANTS, CONDITIONS AND RESTRICTIONS FOR IRONSTONE (THE
9
Document No. 3131993 of Official Records.
10 APN: 526-154-19
(775) 329-5800, FAX (775) 329-5819
HAGER & HEARNE
Reno, NV 89501
12 North Latour, SPARKS, NEVADA.

13 (f) Residential property in Washoe County, Nevada with the legal description
14
of:
15
Parcel 1:
16
18 Map No. 4423.
Parcel 2:
19 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
20 Common Elements as set forth in the SUPPLEMENTAL DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR IRONSTONE (THE
21
APN: 526-154-06
23
24
Sportoletti, SPARKS, NEVADA.
25

1 (g) Residential property in Washoe County, Nevada with the legal description
2 of:
3 All that certain real property situate in the County of Washoe, State of Nevada, described
4 as follows:
5
Parcel 4A, as shown on Parcel Map No. 4020, according to the map thereof, filed in
6 the office of the County Recorder of Washoe County, State of Nevada, on June 10,
2003, as File No. 2869159.
7
APN: 004-151-57
9 Sutro Street, Unit B, RENO, NEVADA.
10
(h) Residential property in Washoe County, Nevada with the only legal
(775) 329-5800, FAX (775) 329-5819
11
description attached as: APN: 013-232-07. Plaintiff’s real property as described above is
HAGER & HEARNE
Reno, NV 89501
12
commonly referred to and located at 437 WONDER STREET, RENO, NEVADA.
13
14 (i) Residential property in Washoe County, Nevada with the legal description
15 of:
16
PARCEL 1:
17 UNIT 102-2750 OF SALEM PLAZA, A CONDOMINIUM, ACCORDING TO THE
MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
18 WASHOE COUNTY, STATE OF NEVADA, ON DECEMBER 22, 1977, AS FILE NO.
504799 AND TRACT MAP NO. 1702.
19 PARCEL 2:
AN UNDIVIDED 1/150TH INTEREST IN THE “COMMON AREA” OF SALEM
20
PLAZA, A CONDOMINIUM, ACCORDING TO THE MAP THEREOF, FILED IN
21 THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF
NEVADA, ON DECEMBER 22, 1977, UNDER FILING NO. 504799, OFFICIAL
22 RECORDS
APN: 019-411-15.
24
Plumas Street, #102, RENO, NEVADA.
25

1 (j) Residential property in Washoe County, Nevada with the legal description
2 of:
3
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SPARKS,
4 COUNTY OF WASHOE, STATE OF NEVADA DESCRIBED AS FOLLOWS:
LOT 84 OF FIRENZE @ D’ANDREA SUBDIVISION, PHASE 3, ACCORDING TO
5 THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
WASHOE COUNTY, STATE OF NEVADA ON OCTOBER 9, 2002, AS FILE NO.
6
2746362 AS TRACT MAP NO. 4121 OFFICIAL RECORDS AND AS AMENDED BY
7 CERTIFICATE OF AMENDMENT RECORDED DECEMBER 17, 2002 AS
8 APN 402-373-07
9 Plaintiff’s residential property described above is commonly referred to as 2495 Tuscan
10 Way, Sparks, Nevada.

(775) 329-5800, FAX (775) 329-5819
11
(k) Residential property in Lyon County, Nevada with the legal description of:
HAGER & HEARNE
Reno, NV 89501
12
13 Parcel 1:
Lot 63, as shown on the Final Map of ENNOR RANCH ESTATES UNIT NO. 1E,
14 recorded in the official records of Lyon County, Nevada on DECEMBER 18, 1997 as
15 APN: 20-661-04
17 SHADOW LANE, FERNLEY, NEVADA.

18
(l) Residential property in Lyon County, Nevada with the legal description of:
19
20 Parcel 1:
Lot 61, as shown on the Final Map of ENNOR RANCH ESTATES UNIT NO. 1E,
21 recorded in the official records of Lyon County, Nevada on DECEMBER 18, 1997 as
22
APN: 20-661-02
24 SHADOW LANE, FERNLEY, NEVADA.
25

1 53. Plaintiff, SALLY SERVIDIO, is a resident of Napa, California. At all times
2 relevant and material hereto, Plaintiff maintained Plaintiff’s residential properties in

3 Washoe County, Nevada as follows:
4
(a) Real property with a legal description of:
5
PARCEL 3C AS SHOWN ON PARCEL MAP NO. 4019, ACCORDING TO THE MAP
6
7 COUNTY, STATE OF NEVADA, ON JUNE 10, 2003 AS FILE NO. 2869158.
APN 004-151-55
8
Plaintiff’s residential property described herein was commonly referred to as 2150 Sutro
9
St., Unit C, Reno, Nevada.
10
(775) 329-5800, FAX (775) 329-5819
11 (b) Real property with a legal description of:

HAGER & HEARNE
Reno, NV 89501
12 PARCEL 4C, AS SHOWN ON PARCEL MAP NO. 4020, ACCORDING TO THE

MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
13 WASHOE COUNTY, STATE OF NEVADA, ON JUNE 10, 2003, AS FILE NO.
2869159.
14
APN 004-151-59
15 Plaintiff’s residential property described herein was commonly referred to as 2150 Sutro
16
St., Unit A, Reno, Nevada.
17
54. Plaintiffs, JASWINDER SINGH and VARINDER KAUR, are residents of
18
19
Plaintiffs’ primary residence in Washoe County, Nevada with the legal description of:
20
21 LOT 59 OF HARBOUR COVE SUBDIVISION, ACCORDING TO THE MAP
THEREOF NO. 3960 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
22 WASHOE COUNTY, STATE OF NEVADA ON JUNE 08, 2001 AS DOCUMENT
NO. 2562095 OF OFFICIAL RECORDS.
23 PARCEL 2:
A NON-EXCLUSIVE REVOCABLE LICENSE TO CONSTRUCT, MAINTAIN,
24 OPERATE AND USE A BOAT DOCK FACILITY IN THE CANAL IMMEDIATELY
ADJACENT TO SAID LOT AS REFERENCED IN DOCUMENT ENTITLED
25 “GRANT OF LICENSE FOR BOAT DOCKS” RECORDED JULY 23, 2004 AS
DOCUMENT NO. 3072955 OF OFFICIAL RECORDS.

1
A.P.N. 037-341-01
3
1101 HARBOUR COVE CT, SPARKS, NEVADA.
4
55. Plaintiffs, KIP M. THOMPSON and HELEN T. THOMPSON and
5
GABRIELLE C. THOMPSON (a.k.a. GABRIELLE C. MCELROY), are residents of Washoe
6
County, Nevada. At all times relevant and material hereto, Plaintiffs maintained
7
8
LOT 36 AS SHOWN ON THE MAP OF FIRST TEE UNIT NO. 6 AT KILEY RANCH,
9 A COMMON-INTEREST COMMUNITY, TRACT MAP NO. 4394, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF
10
NEVADA ON SEPTEMBER 9, 2004 AS FILE NO. 3105843 OF OFFICIAL
(775) 329-5800, FAX (775) 329-5819
11 RECORDS, AND AMENDED BY CERTIFICATE OF AMENDMENT RECORDED

OCTOBER 20, 2005 AS INSTRUMENT NO. 3294954.

HAGER & HEARNE
APN: 510-442-01
Reno, NV 89501
12
13 Plaintiffs’ real property as described above is commonly referred to and located at 1388
14
BOARDWALK PLACE, SPARKS, NEVADA.
15
Plaintiffs, KIP M. THOMPSON and HELEN T. THOMPSON, also maintain property in
16
17
Lot 1701 in Block A of WINGFIELD SPRINGS UNIT SEVENTEEN-A according to
18
the map thereof No. 3354 filed in the office of the County Recorder of Washoe
19 County, State of Nevada, on March 14, 1997 as Document No. 2079772 of Official
Records.
20 APN: 522-421-01
21 Plaintiffs’ residential property as described above is commonly referred to and located at

22
6350 BLACK DEER COURT, SPARKS, NEVADA.
23
56. Plaintiff, DIMITRITZA TOROMANOVA, A SINGLE WOMAN, is a resident
24
of Clark County, Nevada. At all times relevant and material hereto, Plaintiff maintained
25
Plaintiff’s real properties in Clark County, Nevada as follows:

1 (a) Property described as A.P.N.: 162-21-315-062. Plaintiff’s primary residence
2 as described above is commonly referred to and located at 145 EAST HARMON AVENUE
3 #519, LAS VEGAS, NEVADA.
4 (b) Real property described as APN: 125-08-419-006. Plaintiff’s real property
5
as described above is commonly referred to and located at 8160 FINCH FEATHER, LAS
6
VEGAS, NEVADA.
7
(c) Real property described as APN: 140-06-718-012. Plaintiff’s real property as
8
described above is commonly referred to and located at 4174 JAQULINE WAY, LAS
9
VEGAS, NEVADA.
10
(775) 329-5800, FAX (775) 329-5819
11 (d) Real property with the legal description of:

HAGER & HEARNE
Reno, NV 89501
12 LOT 20, IN BLOCK 2 OF WILDWOOD MANOR, AS SHOWN BY MAP THEREOF

FILED IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY,
13 NEVADA.
APN: 139-19-410-026
14
16 CORDOBA LANE, LAS VEGAS, NEVADA.
17 (e) Real property described as APN: 177-27-417-013. Plaintiff’s real property as

18 described above is commonly referred to and located at 10343 EDNOR COURT, LAS
19
VEGAS, NEVADA.
20
57. Plaintiffs, LEONORA M. VAETH, AND JOSEPH T. VAETH, are residents of
21
22
Plaintiffs’ residential property for the purpose of a home for their daughter in Washoe
23
County, Nevada, described as A.P.N. 140-58-109. Plaintiffs’ residential property as
24
described above is commonly referred to and located 425 DARTMOOR CT., RENO,
25
NEVADA.

1 58. Plaintiffs, LAURO C. VIZCARRA and YESENIA VIZCARRA, are residents
2 of Washoe County, Nevada. At all times relevant and material hereto, Plaintiffs
3 maintained Plaintiffs’ primary residence in Washoe County, Nevada, with the legal
4 description of:
5
Lot E in Block A as shown on the official plat of LOT REARRANGEMENT
6 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
7 County, State of Nevada, on March 24, 1971, as File No. 201318, as Tract Map No.
1221.
8 APN: 004-091-19
9
10
(775) 329-5800, FAX (775) 329-5819
2240 Tripp Drive, Reno, Nevada.

11
HAGER & HEARNE
59. Defendant CITIMORTGAGE, INC., was a New York corporation doing

Reno, NV 89501
12
business in Nevada and, at all times material hereto, was a member in the MERS system
13
14 described herein and a principal shareholder of MERS.
15 60. Defendant MERSCORP, INC. was a Virginia corporation and doing business
16 in the State of Nevada through its division or subsidiary, Defendant MERS, Inc., a
17
Delaware corporation. Upon information and belief, MERSCORP, INC., was a director of
18
MERS, INC. Defendants MERSCORP, INC., and MERS, Inc. are hereinafter collectively
19
referred to as “MERS.
20
61. Defendant UNITED GUARANTY CORPORATION was a foreign corporation
21
22 and, at all times material hereto, a creator, originator, and shareholder of MERS and/or a
23 member of the MERS system described herein. Upon information and belief United
24 Guaranty Corporation has, through its agents and employees, a chartered seat on the
25 MERS board of directors.

1 62. Defendant CAL-WESTERN RECONVEYANCE CORPORATION is foreign
2 corporation.
3
63. Defendant AMERICAN HOME MORTGAGE SERVICING, INC., aka
4
AMERICAN SERVICING COMPANY, is a foreign corporation.
5
64. Defendant AURORA LOAN SERVICES, LLC dba AURORA HOME LOANS
6
7 dba AURORA HOME MORTGAGE is a foreign corporation.
8 65. Defendant AZTEC FORECLOSURE CORPORATION is a foreign

9 corporation.
10
(775) 329-5800, FAX (775) 329-5819
66. Defendant BANK OF AMERICA, N.A. was a foreign corporation doing

11
HAGER & HEARNE
business in Nevada, and is a successor in interest to Countrywide Home Loans, Inc.

Reno, NV 89501
12
and/or acquired Countrywide Home Loans, Inc., and its affiliates and subsidiaries, for the
13
purpose of funding and/or managing the ongoing business activities of Countrywide
14
15 Home Loans, Inc. Upon information and belief BANK OF AMERICA does business as
16 LASALLE BANK which is wholly owned by BANK OF AMERICA. Upon information and
17 belief, Defendant Bank of America, N.A., at all times material hereto, was a member of the
18 MERS system described herein.

19
67. Defendant CALIFORNIA RECONVEYANCE COMPANY is a foreign
20
corporation.
21
68. Defendant CENTRAL MORTGAGE CO. is a foreign corporation not
22
23 registered to do business in the State of Nevada, but registered in the State of Arkansas.
24 69. Defendant J.P. MORGAN CHASE BANK, N.A. was a New York corporation
25 doing business in Nevada and, at all times material hereto, was a member in the MERS

1 system described herein. Upon information and belief, J.P. Morgan Chase Bank, N.A.,
2 through its division, affiliate or subsidiary, Chase Home Mortgage Corporation of the
3 Southeast, was a creator, originator, and shareholder in MERS, and through its employees
4 or agents employed by its affiliate, J.P. Morgan Chase Co., has a chartered seat on the
5
MERS board of directors.
6
70. Defendant COUNTRYWIDE HOME LOANS, INC. (“Countrywide”) was a
7
New York corporation authorized to do business in and doing business in Nevada and at
8
all times material hereto was a member of the MERS system described herein and a
9
10 creator, originator and principal shareholder in MERS and is now wholly owned by Bank
(775) 329-5800, FAX (775) 329-5819
11 of America.
HAGER & HEARNE
Reno, NV 89501
12 71. Defendant CR TITLE SERVICES, CO. is a foreign corporation.

13
72. Defendant EMC CORPORATION dba EMC MORTGAGE CORP. is a foreign
14
corporation registered to do business in the State of Nevada with offices in Brooklyn, New
15
York.
16
17 73. Defendant EXECUTIVE TRUSTEE SERVICES, LLC (hereinafter “ETS”) is a
18 wholly owned subsidiary of GMAC and is a foreign limited liability corporation authorized
19 to do business in, and doing business in, Washoe County, Nevada, and at all times
20 material hereto was a member of the MERS system described herein and a shareholder in
21
MERS.
22
74. Defendant FEDERAL HOME LOAN MORTGAGE ASSOCIATION
23
(hereinafter referred to as “Freddie Mac”) is a Virginia corporation doing business in
24
Nevada, and is a creator, originator, and principle shareholder in MERS. Upon
25

1 information and belief, Freddie Mac has, through its agents and employees, a chartered
2 seat on the MERS board of directors.

3
75. Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION (hereinafter
4
referred to as “Fannie Mae”) is a District of Columbia corporation doing business in
5
Nevada and, at all times material hereto, is, a creator, originator, and shareholder of
6
MERS and a member of the MERS system described herein. Upon information and belief,
7
Defendant Fannie Mae has, through its agents and employees, a chartered seat on the
8
9
10 76. Defendant FIRST FRANKLIN LOAN SERVICES is a foreign corporation.
(775) 329-5800, FAX (775) 329-5819
11 Upon information and belief, Defendant HOME SERVICES, INC. is doing business as
HAGER & HEARNE
Reno, NV 89501
12 FIRST FRANKLIN LOAN SERVICES, and is a foreign corporation and a wholly owned
13
subsidiary of Merrill Lynch.
14
77. Defendant FIRST HORIZON HOME LOAN CORPORATION is a foreign
15
corporation and is wholly owned by the Bank of Tennessee.
16
17 78. Defendant METLIFE GROUP, INC. is a foreign corporation.
18
79. Defendant QUALITY LOAN SERVICE CORP. is a foreign corporation
19
registered to do business in the State of Nevada.
20
80. Defendant SAXON MORTGAGE, INC., is a foreign corporation registered to
21
do business in the State of Nevada, and, upon information and belief, is a member of the
22
23 MERS system described herein.
24 81. Defendant GE MONEY BANK was an Ohio corporation and was a member
25 of the MERS system described herein.

1 82. Defendant GMAC MORTGAGE, L.L.C. was a Delaware corporation doing
2 business in Nevada and, at all times material hereto, was a member of the MERS system
3 described herein. Upon information and belief, Defendant GMAC Mortgage, L.L.C.,
4 through its affiliate or subsidiary, GMAC Residential Funding Corp., was a creator,
5
originator, and shareholder in MERS, and through its employees or agents employed by
6
its division, affiliate or subsidiary, GMAC Residential Holding Corp., has a chartered seat
7
on the MERS board of directors.
8
83. Defendant HSBC MORTGAGE CORPORATION, U.S.A. was a Delaware
9
10 corporation and, at all times material hereto, was a member of the MERS system
(775) 329-5800, FAX (775) 329-5819
11 described herein. Upon information and belief, HSBC Mortgage Corporation, through its
HAGER & HEARNE
affiliate or subsidiary HSBC Finance Corp., was a creator, originator, and principal
Reno, NV 89501
12
13 shareholder of MERS.
14
84. Defendant LANDMARK ONESTOP, INC. aka LAND AMERICA DEFAULT
15
SERVICES is a foreign corporation.
16
85. Defendant MIDLAND MORTGAGE is a foreign corporation with offices in
17
18 Oklahoma City.
19 86. Defendant NATIONAL CITY MORTGAGE, a division of National City Bank,

20 was a foreign company doing business in Nevada, and, at all times material hereto was a
21
member of the MERS system described herein. Upon information and belief, Defendant
22
National City Mortgage, through its agents and employees, has a chartered seat on the
23
24
87. Defendant NATIONAL CITY CORPORATION (hereinafter “National City
25
Corp.”) is a Delaware corporation wholly owned by PNC pursuant to a merger

1 consummated in or around December 31, 2008, and is or was a member of the MERS
2 system described herein.

3
88. Defendant NATIONAL CITY BANK (hereinafter “National City Bank”) is an
4
Ohio corporation wholly owned by PNC pursuant to a merger consummated in or around
5
December 31, 2008, and is or was a member of the MERS system described herein.
6
7 89. Defendant OPTION ONE MORTGAGE CORPORATION is a foreign
8 corporation.
9 90. Defendant NATIONAL DEFAULT SERVICING is a foreign corporation.

10
(775) 329-5800, FAX (775) 329-5819
91. Defendant PNC FINANCIAL SERVICES GROUP, INC., (hereinafter “PNC”)

11
HAGER & HEARNE
is a Pennsylvania corporation and the parent company of National City Corporation, Inc.
Reno, NV 89501
12
pursuant to a merger consummated in or around December 31, 2008. Upon information
13
and belief, PNC is or was a member of the MERS system described herein.
14
15 92. Defendant RECONTRUST COMPANY is a foreign corporation not registered
16 to do business in the State of Nevada, but is the company that forecloses for Countrywide
17 Home Loans, Inc.
18
93. Defendant SUNTRUST is a foreign corporation with offices in Richmond,
19
Virginia.
20
21 94. Defendant T.D. SERVICE COMPANY is a foreign corporation.
22 95. Defendant THE COOPER CASTLE LAW FIRM, LLP fka THE COOPER
23
CHRISTENSEN LAW FIRM, LLP is a domestic corporation.
24
96. Defendant DEUTSCHE BANK NATIONAL TRUST COMPANY is a New
25
York corporation.

1 97. Defendant AMERICAN BROKER’S CONDUIT is a foreign corporation.
2
98. Defendant HOMECOMINGS FINANCIAL is a foreign corporation.
3
99. Defendant BANK OF NEW YORK MELLON doing business as BANK OF
4
NEW YORK is a foreign corporation.
5
6 100. Defendant WELLS FARGO BANK, N.A. was a California corporation.
7
101. Defendant WELLS FARGO BANK, N.A. was a California corporation doing
8
business in Nevada as Wells Fargo Home Equity and as Wells Fargo Home Mortgage, a
9
Division of Wells Fargo Bank, N.A., and, at all times material hereto, was a member of the
10
(775) 329-5800, FAX (775) 329-5819
MERS system described herein and a creator, originator, and shareholder of MERS.
11
HAGER & HEARNE
102. Defendants Countrywide Home Loans, Inc., First Franklin, and Bank of
Reno, NV 89501
12
13 America, N.A. acted as lenders in the transactions referred to herein and are hereinafter
14 referred to collectively as “Lenders” or “Lender defendants.”
15 103. Defendants J.P. Morgan Chase, Merrill Lynch, Wells Fargo Bank, N.A.,
16 Bank of America, HSBC Mortgage Corporation, U.S.A., GMAC Mortgage, L.L.C., PNC
17 Financial Services Group, Inc., National City Corporation, National City Mortgage, First
18
Franklin, a division of National City Bank, National City Bank, Countrywide Home Loans,
19
Inc., CitiMortgage and GE Money Bank acted as Securitizers of the loans made by Lenders
20
named herein and are hereinafter referred to as “Securitizers” or “Securitizer defendants.”
21
104. Defendants American Brokers Conduit, American Home Mortgage
22
Servicing, Inc., Aurora Loan Services, LLC, dba Aurora Home Loans dba Aurora Home
23
Mortgage, Bank of America, Bank of America dba LaSalle Bank Corporation, Central
24
Mortgage Company, J.P. Morgan Chase, NA dba Chase Home Finance, LLC, dba Chase
25
Mortgage, CitiMortgage, Inc., Countrywide Home Loans, Inc., EMC Corporation dba EMC

1 Mortgage Corporation, Home Loan Services, Inc. dba First Franklin Loan Services, First
2 Horizon Home Loan Corporation, GMAC Mortgage, L.L.C., Homecomings Financials,

3 Midland Mortgage, Option One Mortgage Corporation, Saxon Mortgage, Inc., Suntrust
4 Mortgage, Wells Fargo Bank, N.A. dba America’s Servicing Company, and acted as
5
Servicers of the loans made to Plaintiffs by Lenders and are hereinafter referred to as
6
“Servicers” or “Servicer defendants.”
7
105. Defendants Aztec Foreclosure Corp., California Reconveyance Company,
8
Cooper Castle Law Firm, LLP, C.R. Title Services, Inc., Executive Trustee Services, LLC,
9
National Default Servicing Corporation, Quality Loan Service Corp., ReconTrust
10
(775) 329-5800, FAX (775) 329-5819
Company, and T.D. Service Company acted as foreclosing entities or trustees against the
11
HAGER & HEARNE
residential property of the Plaintiffs and are hereinafter referred to as “Foreclosers.”

Reno, NV 89501
12
13 GENERAL ALLEGATIONS
14 106. In the United States, home purchases are typically financed by mortgages or
15 loans that are secured by a deed of trust and a note which, when executed on behalf of the
16
same entity and held by the same entity as a “note and deed of trust,” entitle the holder of
17
the note and deed of trust to foreclose on the property of the borrower if the borrower is in
18
default without legal excuse or recourse.
19
107. A reported 3 million foreclosures occurred in the U.S. in 2008. Foreclosures
20
to date during calendar year 2009 are at a higher rate than that which occurred during
21
2008, with 1 in 16 homes in the State of Nevada going into foreclosure during the first six
22
months of 2009.
23
24 108. From 2003 through 2008, the Defendants entered into mortgages with
25 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
1 the borrower. Prior to or immediately after the contract was signed by the borrower, the
2 note was funded by a party other than the originator or servicer of the loan.
3 109. Plaintiffs separately executed deeds of trust naming MERS as the beneficiary
4 and/or nominee of the beneficiary/lender.
5
110. Plaintiffs also separately executed notes payable to Lenders as alleged
6
herein. None of the notes contained any reference to MERS.
7
111. The notes and the deeds of trust require that payment be made to the
8
Lender, not to MERS.
9
112. The notes executed by Plaintiffs were separated from the deeds of trust after
10
(775) 329-5800, FAX (775) 329-5819
the execution by Plaintiffs of those documents, with the note being transferred to
11
HAGER & HEARNE
investors whose money had funded the loan taken out by the Plaintiff/borrower.
Reno, NV 89501
12
13 113. The Servicer defendants herein furnished none of the funding for the loans
14 but were merely transfer agents for money from the investors to loans taken by the
15 borrowers. Simultaneously with or immediately after the loan was taken out by the
16 borrower, the obligation reflected by the note was satisfied by monies provided by the
17 investor who then obtained ownership of and right to payment under the terms of the
18 note. These investors are the only parties to whom an obligation arose after the loans
19
were securitized, and are the only proper parties to later declare a default and to have a
20
right to direct a sale if the Plaintiffs did not make payments as required under the terms of
21
the note.
22
114. The Mortgage Electronic Registration Service was created by the Defendants
23
identified herein as co-conspirators in relation to the MERS system with the specific
24
intent that MERS, Inc. or MERSCORP, Inc. or MERS (referred to collectively herein as
25
“MERS”) would be named the beneficiary and/or as the nominee of the lender on the

1 deeds of trust which Plaintiffs were induced into signing. However, MERS was not a
2 nominee for the lender because the lender was an investor who had provided the funds for
3 the loan. This fact was known to MERS and the purported lender and the subsequent
4 assignee of any and all rights purported to have been assigned by MERS at the time the
5
note and deed of trust were signed by the Plaintiffs and at the time of each and every such
6
later purported assignment by MERS of any interest in the note and deed of trust.
7
115. The foreclosures complained of herein were initiated against Plaintiffs by
8
parties who have and had no standing to commence or maintain any foreclosure
9
proceeding, both by the express language of the deeds of trust which required that the
10
(775) 329-5800, FAX (775) 329-5819
beneficiary/party owed the obligation declare the default and direct the sale, and by the
11
HAGER & HEARNE
laws governing the commencement and advancement of foreclosure proceedings which

Reno, NV 89501
12
13 require the true beneficiary to declare such default and direct such sale.
14 116. The servicers of the loans, named as Servicer defendants herein, were
15 strangers to the purported loan transactions and which parties were and are unknown to
16 Plaintiffs and, moreover, did not fund the Plaintiffs’ loans and are not owed any of the
17 funds to be repaid by Plaintiffs, and do not stand to suffer any loss should they be
18 enjoined from foreclosing on the Plaintiffs’ homes or from selling the alleged REO’s at
19
issue herein.
20
117. The foreclosures named as Forecloser Defendants herein, on Plaintiffs’
21
homes complained of herein were initiated by Forecloser Defendants, who had and have
22
no lawful right to initiate, advance or maintain any foreclosure action against the
23
Plaintiffs or their homes.
24
118. All Defendants knew or should have known that prior to the time that the
25
loans were taken out by Plaintiffs at issue herein, the loans which named MERS on the

1 deeds of trust were securitized or intended to be securitized prior to the preparation of the
2 notes and deeds of trust reflecting each such loan.

3 119. Defendants also knew or should have known that the scheme employed by all
4 Defendants involved in the origination, aggregation and securitization of mortgage-
5
backed loans originated from 2003 through 2008 and secured by real property in the
6
United States included financial incentives which were designed to result in the loans
7
being written on terms which were likely or certain to result in foreclosure, and that the
8
scheme described herein included financial incentives designed to motivate appraisers,
9
mortgage brokers, lenders, aggregator banks and securitizing banks to steer borrowers
10
(775) 329-5800, FAX (775) 329-5819
into loans they could not afford and could not repay so that the loans would go into
11
HAGER & HEARNE
default and the Defendants involved in servicing, aggregating and securitizing those loans
Reno, NV 89501
12
13 could make yet more profits from default, foreclosure and selling the properties at or after
14 foreclosure.
15 120. The financial incentives mentioned in the previous paragraphs included
16 without limitation the hiring only of appraisers who were financially incentivized to
17 appraise properties at a value that would justify the loan requested, the payment to
18 mortgage brokers of higher fees for sub-prime and sub-sub-prime loans than for prime
19
loans and the use of novel and unprecedented underwriting criteria such as stated income
20
and 100% or more financing of the purchase price, and the purchase of loans from
21
lenders by aggregators and servicers of loans at more than face value if the loans were
22
sub-prime or sub-sub-prime and in particular if such loans also included an adjustable
23
interest rate and/or a pre-payment penalty.
24
121. All Defendants who originated, serviced, aggregated and/or securitized the
25
Plaintiffs’ loans knew or should have known at the time of those actions by Defendants

1 that the financial incentives described in the previous paragraph herein were not disclosed
2 to the investor or to the Plaintiffs/borrowers, and that the Defendants who originated,
3 serviced, aggregated and/or securitized the Plaintiffs’ loans also purchased credit default
4 swaps which were essentially bets that the Plaintiffs’ loans would fail, resulting in multiple
5
payments to those Defendants of the face amount of the loan, and knew or should have
6
known that fact was also concealed from the investors and Plaintiffs who were instead
7
intentionally misled by Defendants to believe that the Plaintiffs qualified for the loans
8
under residential loan underwriting standards previously used in the industry.
9
122. All Defendants who originated, serviced, aggregated and/or securitized the
10
(775) 329-5800, FAX (775) 329-5819
Plaintiffs’ loans knew or should have known at the time of those actions by Defendants
11
HAGER & HEARNE
that the more likely or certain the loan was to fail, the more likely that failure was to cause
Reno, NV 89501
12
13 the entire mortgage-backed security pool which included Plaintiffs’ loan to fail, and the
14 more profitable those events would be to Defendants.
15 123. Under the securities and federal banking laws, rules and regulations, the
16 investors and the borrowers were entitled to information regarding all of the profits,
17 payments, kick-backs, fees and insurance and credit default swaps related to the
18 transaction which included the investors providing the funds loaned to the borrower, and
19
the concealment of those facts by all the Defendants who originated, serviced, aggregated
20
and/or securitized the Plaintiffs’ loans was an intentional misrepresentation and/or
21
intentional material omission of fact by those Defendants for the purpose of using the
22
borrowers’ signatures on notes and deeds of trust to defraud the investors, the borrowers,
23
the insurers of loans, the issuers of credit default swaps and eventually the government
24
whom those Defendants, upon information and belief, falsely told that the Defendants
25

1 were in dire need of trillions of dollars in federal funds due to “toxic assets” being
2 allegedly on the books of Defendants.

3 124. The Defendants named as conspirators herein never owned any of the
4 Plaintiffs’ loans or the loans of others similarly situated naming MERS as beneficiary, and
5
the representations from September 2008, to the present, by the Bank Defendants to the
6
government that those Defendants were in dire need of government bailout funds from
7
the Department of Treasury and the Federal Reserve due to defaults on mortgage loans
8
were intentional falsehoods designed to defraud the government and the American
9
taxpayers.
10
(775) 329-5800, FAX (775) 329-5819
125. All Defendants participated in a conspiracy to cause Plaintiffs to enter into

11
HAGER & HEARNE
instruments that would result in the foreclosure of their homes and to initiate foreclosure
Reno, NV 89501
12
13 on Plaintiffs’ homes without the lawful right to do so or to commence and advance
14 foreclosures against Plaintiffs with knowledge that the Plaintiffs had been deceived by
15 having not been informed that the loans they took out were designed and intended to
16 result in foreclosure and consequently more profits to the Defendants. As a proximate
17 and direct result, Defendants have been unjustly enriched by the payments of the
18 Plaintiffs on the notes and by the profits earned by Defendants from the declaration of
19
default, the commencement and advancement of foreclosure, and/or the foreclosure sale
20
of Plaintiffs’ properties.
21
126. The lenders and investors in mortgage-backed securities, the Defendants
22
Lenders and Securitizers previously named herein, have obtained bailout money from the
23
United States Treasury and the Federal Reserve in the amount of trillions of dollars for
24
the stated purpose of compensating the lenders and investors for losses sustained due to
25
the alleged default in on residential mortgage loans including those of Plaintiffs.

1 127. The lenders as referred to above and investors in mortgage-backed securities,
2 including, have used those funds to repay credit default swaps, to repay investors who
3 funded Plaintiffs’ loans and/or to settle the lawsuits of those investors against the
4 securitizing banks for fraud, including those Defendants previously named as securitizers
5
and servicers, with such use of those funds having extinguished the obligation reflected by
6
the notes, the right to collect on the notes, and the right to initiate foreclosures on
7
Plaintiffs’ homes.
8
128. Each and every Plaintiff has a deed of trust that states that the beneficiary
9
and/or beneficiary as the nominee of the lender is MERS, and each and every Plaintiff has
10
(775) 329-5800, FAX (775) 329-5819
been or is likely to be declared in default by a party not entitled to declare the default.
11
HAGER & HEARNE
129. The entities that are giving notice that they will foreclose on the homes of the
Reno, NV 89501
12
13 Plaintiffs are not MERS and are not the lenders that originated the deeds of trust and are
14 not the parties that funded the loans of the Plaintiffs.
15 Facts as to the Plaintiffs whose residential properties are now Bank REO’s
16 130. Plaintiffs, PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO
17 JIMENEZ-GRANADOS, GARY W. HEMBREE AND CHARLEEN HEMBREE, JAMI D.

18
MCHENRY and STEVEN WALLACE, GILBERTO J. MENDOZA AND GABRIELA T.
19
MENDOZA, PAMELA PENNY (aka PAMELA RUTHERFORD) and ANTONIO SERVIDIO
20
have deeds of trust that state that the beneficiary or/ beneficiary as the nominee of the
21
lender is MERS as follows:
22
a. Peter M. Beekhoff executed a Deed of Trust on his property at 34 Conner
23
Way, Gardnerville, Nevada, dated June 22, 2007, in the amount of
24
25 $210,000, with First Horizon Home Loan Group as the lender and
MERS as the beneficiary. The property was declared in default by First

1 Horizon and sold on August 4, 2009 to First Horizon, a division of the
2 Bank of Tennessee, and held as an REO.

3 b. Plaintiff Valerie R. Branca executed a Deed of Trust on her property at
4 12301 Green Mountain, Reno, Nevada, dated February 2, 2007, in the
5
amount of $181, 440.00, with American Brokers Conduit as the lender
6
and MERS as the beneficiary. The property was sold at Trustee’s sale by
7
T.D. Service Company on August 26, 2009, and title is held by Deutsche
8
Bank National Trust Company as Indenture Trustee for American Home
9
Mortgage Investment Trust 2007-1, Mortgage-backed notes and Grantor
10
(775) 329-5800, FAX (775) 329-5819
Trust Certificates, Series 2007-1 as an REO.

11
HAGER & HEARNE
c. Plaintiff Casimiro Jimenez-Granados executed a deed of trust on April

Reno, NV 89501
12
13 16, 2007 on his property at 1580 Trainer Way, Sparks, Nevada for
14 $250,000. The property was declared in default and sold by Cal Western
15 Reconveyance Corporation and sold on June 24, 2009, to Aurora Loan
16 Services LLC and is held as an REO.
17 d. Plaintiffs Gary W. Hembree and Charlene E. Hembree executed a deed of

18 trust on May 10, 2007, with Summit Funding, Inc., on his property at
19
668,670,672, 674 Leslie Court, Fallon, Nevada for $347,000. The
20
property was declared in default by National Default Servicing
21
Corporation and the property was sold on September 4, 2009 and the
22
title is held by America’s Servicing Company and is held as an REO.
23
e. Jami D. McHenry (Steven Wallace was added at a later date to the title)
24
executed a Deed of trust dated 11/06/08 in the amount of $345,743.00
25
related to the residential property which listed Countrywide Home

1 Loans, Inc. as the lender and which listed MERS as beneficiary. The
2 property was declared in default by Defendant Saxon Mortgage and sold

3 by Trustee’s Deed on October 10, 2008, to Wells Fargo Bank, NA and is
4 held as an REO
5
f. Gilberto J. Mendoza and Gabriela T. Mendoza executed a Deed of Trust
6
dated January 13, 2006 with Home Mortgage Direct Lenders in the
7
amount of $283,500.00 related to their property at 6370 Saginaw Court,
8
Sun Valley, Nevada which listed MERS as beneficiary. The property was
9
declared in default by Option One and on March 18, 2009, the property
10
(775) 329-5800, FAX (775) 329-5819
was sold by TD Service Company and is held by HSBC Bank USA,

11
HAGER & HEARNE
National Association as Trustee for Ace Securities Corp. Home Equity

Reno, NV 89501
12
13 Loan Trust, Series 2006-OP1 Asset Back Pass-Through Certificates, as an
14 REO.
15 g. Pamela Penny(also known as Pamela Rutherford) executed a Deed of
16 Trust dated June 13, 2007, in the amount of $210,000 related to her
17 property at 718 Panhandle Drive, Henderson, Nevada, which listed First

18 Option Mortgage as the lender and which listed MERS as beneficiary.
19
The property was declared in default by Recontrust Company and on
20
June 8, 2009 it was sold and is held by Federal National Mortgage
21
Association as an REO.
22
h. Antonio Servidio executed a Deed of Trust dated 4/12/2006 in the
23
amount of $402,500 related to his property at 2150-B Sutro St., Reno,
24
Nevada which listed First Magnus Financial Corporation as the lender
25
and which listed MERS as beneficiary. The property was declared to be

1 in default and was sold by California Reconveyance Company on March
2 5, 2009, and is held by La Salle Bank NA as trustee for Washington

3 Mutual Mortgage Pass-Through Certificates WMALT Series 2006-AR5
4 Trust as an REO.
5
i. Servidio also executed a deed of trust on 6696 Sportoletti Dr., Reno,
6
Nevada, on March 24, 2006 for $228,000 with Greenpoint Mortgage
7
Funding, Inc., listed as the lender and MERS as the beneficiary. The
8
property was declared to be in default, then sold by Executive Trustee
9
Services to Executive Trustee Services on May 27, 2009.
10
(775) 329-5800, FAX (775) 329-5819
j. Servidio also executed a deed of trust on 2750 Plumas St., #102, Reno,
11
HAGER & HEARNE
Nevada, on August 2, 2005 with First Magnus Financial Corp. as the

Reno, NV 89501
12
13 lender and MERS as the beneficiary for $108,000.00. The property was
14 declared in default by ReconTrust Company and sold on February 25,
15 2009, to the Bank of New York as Trustee for the Certificate Holders
16 CWAT, Inc. Alternative Loan Trust 2005-45 Mortgage Pass Through
17 Certificates, Series 2005-45 and is held as an REO.

18 k. Servicio also executed a deed of trust on 6689 N. Latour Dr., Reno,
19
Nevada on February 10, 2006 for $248,000.00. The property was
20
declared in default then sold by Quality Loan Services to Aurora Loan
21
Services LLC on February 27, 2009 and is held as an REO.
22
131. The originators of the loans to the Plaintiffs did not ascertain prior to
23
loaning the funds for the mortgages of the Plaintiffs whether or not the Plaintiffs qualified
24
for the loans.
25

1 132. The properties of PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO
2 JIMENEZ-GRANADOS, JAMI D. MCHENRY and STEVEN W. WALLACE, GILBERTO J.

3 MENDOZA AND GABRIELLE MENDOZA, PAMELA PENNY (aka PAMELA
4
RUTHERFORD) and ANTONIO SERVIDIO, have already been subjected to foreclosure by
5
Defendants based upon the MERS deeds of trust.
6
133. The properties of PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO
7
JIMENEZ-GRANADOS, JAMI D. MCHENRY and STEVEN W. WALLACE, GILBERTO J.
8
MENDOZA AND GABRIELLE MENDOZA, PAMELA PENNY (aka PAMELA
9
10 RUTHERFORD) and ANTONIO SERVIDIO have been conveyed to the banks that acted as
(775) 329-5800, FAX (775) 329-5819
11 servicers for the payments allegedly for the mortgages or the homes have been conveyed
HAGER & HEARNE
Reno, NV 89501
12 to parties stating that they are the trustee for the beneficial owners of the deeds of trust,
13 but none of those entities that claim to have title to the homes of these Plaintiffs are
14 MERS or the nominee of the lender on the deeds of trust or a proper beneficiary under the
15
deeds of trust.
16
134. None of the parties acting as a trustee, including but not limited to,
17
Defendants Quality Loan Service Corp., T.D. Service Company, California Reconveyance
18
Company, National Default Servicing Corporation, T.D. Service Co., ReconTrust
19
Company, in the noticing of the sales of the PETER M. BEEKHOFF, VALERIE R.
20
BRANCA, CASIMIRO JIMENEZ-GRANADOS, JAMI D. MCHENRY and STEVEN W.
21
22 WALLACE, GILBERTO J. MENDOZA AND GABRIELLE MENDOZA, PAMELA PENNY
23 (aka PAMELA RUTHERFORD) and ANTONIO SERVIDIO properties had the authority to
24 conduct the sale on behalf of MERS as the purported beneficiary under the respective
25 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.

1 135. The parties who purchased the properties of PETER M. BEEKHOFF,
2 VALERIE R. BRANCA, CASIMIRO JIMENEZ-GRANADOS, JAMI D. MCHENRY and

3 STEVEN W. WALLACE, GILBERTO J. MENDOZA AND GABRIELLE MENDOZA,
4
PAMELA PENNY (aka PAMELA RUTHERFORD) and ANTONIO SERVIDIO, were MERS
5
members and/or co-conspirators as alleged herein and /or knew or should have known
6
that MERS was not a proper beneficiary.
7
136. Upon information and belief, the parties who purchased the properties of
8
PETER M. BEEKHOFF, VALERIE R. BRANCA, CASIMIRO JIMENEZ-GRANADOS,
9
JAMI D. MCHENRY and STEVEN W. WALLACE, GILBERTO J. MENDOZA AND
10
(775) 329-5800, FAX (775) 329-5819
11 GABRIELLE MENDOZA, PAMELA PENNY (aka PAMELA RUTHERFORD), and

HAGER & HEARNE
ANTONIO SERVIDIO were not bona fide purchasers for value.

Reno, NV 89501
12
13 137. The Defendants or alleged purchasers have recorded these deeds and have
14 or will attempt to eject the Plaintiffs PETER M. BEEKHOFF, VALERIE R. BRANCA,
15 CASIMIRO JIMENEZ-GRANADOS, JAMI D. MCHENRY and STEVEN W. WALLACE,

16 GILBERTO J., GILBERTO J. MENDOZA AND GABRIELLE MENDOZA, PAMELA
17
PENNY (aka PAMELA RUTHERFORD), and ANTONIO SERVIDIO from their
18
properties.
19
(Facts as to all other Plaintiffs) LACY J. DALTON, NELLIE AGUILAR and
20
ZENAIDO JACINTO, DEAN ANDERSON, EMILY ANDREWS, JOSE AURELIO
21
APOLINAR, JESUS L. AREVALO, RICHARD AUFIERO AND SYLVIA T.
22
AUFIERO, CHRISTOPHER L BALLENGEE and SAMANTHA P. ANDERSON,
23
RICHARD and LESLIE BEAUCHEMIN, PETER M. BEEKHOFF, JAMES V.
24
25 BELL, JUSTIN and NANCY E. BENNETT, RALPH D. and SALLY K. BENZLEY,
VALERIE R. BRANCA, RAMIRO M. BRENES and AURELIO APOLINAR-

1 LOPEZ, BETTY J. BURSON, HARRY R. COUSINS, DAVID DOUGLAS and KAY
2 DAHL, CHARLES A. and KIMBERLY A. DIMINO, DIMITRI O. DINTCHEV,

3 MICHAEL E. EPPS, DARRYL J. and VIVIAN M. FEEMSTER, CASIMIRO
4 JIMENEZ GRANADOS, JONI ANN HAMMITT (aka JONI ANN KROPF), GARY
5
W. HEMBREE, DAVID HUTLER, NEIL A. JOHNSON, HOLLY A. KINNEY,
6
JAMES M. and TERESA R. KOSCHELLA, MARIA R. LEONARD, JENNIFER
7
LOPEZ, (aka JENNIFER MENDOZA), JOHN V. and RONICA LYNCH, BRIAN
8
and LAWRENCE D. McKAY, MICHAEL MCKEON, WILFREDO and AGNES
9
MARIANO, JOHN and BIANCA MASON, JEAN MERKELBACH and CHAD
10
(775) 329-5800, FAX (775) 329-5819
SMITTKAMP, CHRISTOPHER L. NELSON, GARY A. NEWTON, PAMELA

11
HAGER & HEARNE
PENNY (aka PAMELA RUTHERFORD) and PHIL RUTHERFORD, NORMA

Reno, NV 89501
12
13 PIZZUTO and DARREN DISMUKE, WOJCIECH and MARIOLA POLANSKI,
14 RANDALL H. and JUNE ANN RES, CHARIS K. and TODD C. ROBERTS,
15 NIGEL RUDIN, SALLY SERVIDIO, JASWINDER SINGH and VARINDER
16 SINGH KAUR, KIM M. THOMPSON, HELEN T. THOMPSON and GABRIELLE
17 C. THOMPSON (aka GABRIELLE C. MCELROY), DIMITRITZA

18 TOROMANOVA, LENORA M. and JOSEPH T. VAETH, LAURO C. and
19
YESENIA VIZCARRA.)
20
138. The Plaintiffs named just above have deeds of trust with MERS named as
21
the beneficiary or the nominee for the lender as follows:
22
a. LACY J. DALTON executed a Deed of Trust and a note for
23
$600,000 with American Home Mortgage Acceptance, Inc. on June
24
18, 2007 in the amount of $600,000.00 for her residence located at
25
820 Cartright Rd., in the Virginia Highlands. The deed of trust listed

1 MERS as the beneficiary. Upon information and belief, EMC was later
2 substituted as servicer, at a time known to the Defendant EMC. The

3 Plaintiff can no longer pay the payments and the property is worth less
4 than the note.
5
b. NELLIE AGUILAR and ZENAIDO JACINTO executed a Deed of
6
Trust and a note with First Franklin as the lender and MERS as the
7
beneficiary for $158,000 on December 20, 2006 on their property at
8
1895 E. 10th St., Reno, Nevada. The property was declared in default
9
by First Franklin and a sale date was set for March 5, 2009. First
10
(775) 329-5800, FAX (775) 329-5819
Franklin told the Plaintiffs that the note could be modified, but the
11
HAGER & HEARNE
Defendant has failed and refused to modify the note so that the
Reno, NV 89501
12
13 Plaintiffs can keep the payments current. The foreclosing entity is Cal-
14 Western Reconveyance Corporation.
15 c. DEAN ANDERSON executed a deed of trust on his property at 835
16 Sunny Lane, Fernley, Nevada, on May 2, 2007 with Summit Funding,
17 Inc. for $357,500 and MERS as the beneficiary. Upon information and
18 belief, America’s Servicing Co. became the servicer at a time known to
19
the Defendants.
20
Anderson also executed a Deed of Trust on his property located at
21
865 Sunny Lane, Fernley, Nevada, on May 2, 2007 with Summit
22
Funding Inc, for $345,000 and MERS as the beneficiary. Upon
23
information and belief, America’s Servicing Co. became the servicer
24
at a time known to the Defendants.
25

1 Anderson also executed a Deed of Trust on his property located at
2 775 Sunny Lane, Fernley, Nevada on May 2, 2007 with Summit

3 Funding, Inc. for $357,500 and MERS as the beneficiary. Upon
4 information and belief, Midland Mortgage became the servicer at a
5
time known to the Defendants.
6
Anderson also executed a Deed of Trust on his property located at
7
810 Sunny Lane, Fernley, Nevada on November 15, 2007 with
8
Countrywide Bank, FSB for $350,000 and MERS as a beneficiary.
9
Upon information and belief, Bank of America became the servicer at
10
(775) 329-5800, FAX (775) 329-5819
a time known to the Defendants.

11
HAGER & HEARNE
d. EMILY ANDREWS executed a deed of trust on her property at 835

Reno, NV 89501
12
13 Stanton Lane, Fernley, Nevada on December 20, 2005 with
14 Countrywide Home Loans, Inc. for $185,000 and MERS as the
15 beneficiary. Upon information and belief, Countrywide became the
16 servicer at at a time known to the Defendants. The foreclosing entity is
17 Recontrust Company.
18 e. JOSE AURELIO APOLINAR executed a deed of trust on his property
19
at 5202 Simons Dr., Reno, Nevada on January 19, 2007 with
20
American Brokers Conduit for $312,000 and MERS as the beneficiary.
21
Upon information and belief, American Brokers Conduit became the
22
servicer at a time known to the Defendants.
23
f. JESUS L. AREVALO executed a deed of trust on his property at 4322
24
Oasis Valley Avenue, North Las Vegas, Nevada on December 8, 2006
25
with Countrywide Home Loans, Inc for $279,620 and MERS as the

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

4 g. RICHARD AUFIERO and SYLVIA T. AUFIERO executed a deed of
5
trust on their property at 6648 Chula Vista Court, Sparks, Nevada on
6
May 23, 2006 with Affiliated Funding Corporation for $727,500 and
7
MERS as the beneficiary. Upon information and belief, Bank of
8
America became the servicer at a time known to the Defendants.
9
h. CHRISTOPHER L BALLENGEE and SAMANTHA P. ANDERSON
10
(775) 329-5800, FAX (775) 329-5819
executed a deed of trust on their property at 7013 Voyage Drive,

11
HAGER & HEARNE
Sparks Nevada on August 28, 2007 with Suntrust Mortgage, Inc. for
Reno, NV 89501
12
13 $384,096 and MERS as the beneficiary. Upon information and belief,
14 Suntrust became the servicer at a time known to the Defendants. The
15 foreclosing entity is Aztec Foreclosure Corporation.
16 i. RICHARD BEAUCHEMIN and LESLIE BEAUCHEMIN executed a
17 deed of trust on their property at 3220 Cartwright Road, Virginia City

18 Highlands, Nevada on September 8, 2006 with American Broker’s
19
Conduit for $536,000 and MERS as the beneficiary. Upon
20
information and belief, Bank of America became the servicer at a time
21
known to the Defendants.
22
j. PETER M. BEEKHOFF executed a deed of trust on his property at 34
23
Conner Way, Gardnerville, Nevada on June 22, 2009 with First
24
Horizon Home Loan Corp. for $210,000 and MERS as the beneficiary.
25
Upon information and belief, First Horizon became the servicer at a

1 time known to the Defendants. The foreclosing entity is Quality Loan
2 Service Corp.
3 Beekhoff also executed a deed of trust on his property at 1377 Brooke
4 Way, Gardnerville, Nevada on October 18, 2006, with First Horizon
5
Home Loan Corp. for $241,5000 and MERS as the beneficiary on
6
October 18, 2006. Upon information and belief, First Horizon
7
became the servicer at a time known to the Defendants. The
8
foreclosing entity is Quality Loan Service Corp.
9
Beekhoff also executed a deed of trust on his property at 1125 Miller
10
(775) 329-5800, FAX (775) 329-5819
Street, Reno, Nevada on April 25, 2005, with First Horizon Home
11
HAGER & HEARNE
Loan Corp., for $560,000 and MERS as the beneficiary on April 25,
Reno, NV 89501
12
13 2005. Upon information and belief, First Horizon became the
14 servicer at a time known to the Defendants.
15 k. JAMES V. BELL executed a deed of trust on his property at 523 West
16 11th Street, Reno, Nevada on November 20, 2006, with MLSG, Inc.,
17 for $229,520 and MERS as the beneficiary. Upon information and

18 belief, Wells Fargo became the servicer at a time known to the
19
Defendants. The foreclosing entity is National Default Servicing
20
Corporation.
21
l. JUSTIN BENNETT and NANCY E. BENNETT executed a deed of trust
22
on their property at 705 Sageview Court, Sparks, Nevada on April 19,
23
2009 with Chase for $223,000 and MERS as the beneficiary. Upon
24
information and belief, Sierra Mortgage became the servicer at a time
25

1 m. RAMIRO M. BRENES and AURELIO APOLINAR-LOPEZ, executed a
2 deed of trust on their property at 1105 Silvercrest Circle, Reno, Nevada

3 on March 24, 2009, with Summit Funding, Inc., (FHA), for $358,754
4 and MERS as the beneficiary. Upon information and belief, Sierra
5
Mortgage became the servicer at a time known to the Defendants.
6
n. BETTY J. BURSON, executed a deed of trust on her property at 710
7
Blue Skies Drive, Sparks, Nevada on November 20, 2006 with Sierra
8
Pacific Mortgage Co., Inc., for $228,000 and MERS as the beneficiary.
9
Upon information and belief, Countrywide became the servicer at a
10
(775) 329-5800, FAX (775) 329-5819

11
HAGER & HEARNE
o. KAREN L. CELONE, executed a deed of trust on her property on 14155

Reno, NV 89501
12
13 Quiet Meadow Court, Reno, Nevada on March 11, 2006 with
14 Countrywide Bank, FSB for $612,00 and MERS as the beneficiary.
15 Upon information and belief Bank of America became the servicer at a
16 time known to the Defendants.
17 p. HARRY R. COUSINS, executed a deed of trust on his property at 700

18 West Plumb Lane, Reno, Nevada on December 28, 2005 with First
19
Magnus Financial Corp., for $212,000 and MERS as the beneficiary.
20
Upon information and belief, Chase became the servicer at a time known
21
to the Defendants. The foreclosing entity is California Reconveyance
22
Company.
23
q. DAVID DOUGLAS DAHL and KAY DAHL, executed a deed of trust on
24
their property at 1154 Harbor Cove, Sparks, Nevada on May 16, 2006,
25
with Sierra Pacific Mortgage Co., Inc., for $424,000 and MERS as the

1 beneficiary. Upon information and belief, Citimortgage became the
2 servicer at a time known to the Defendants. The foreclosing entity is CR

3 Title Services, Inc.
4 The Dahls also executed a deed of trust on their property at 1152
5
Harbour Cove, Sparks, Nevada on September 18, 2006 with First
6
Horizon Home Loan Corp., for $386,250 and MERS as the beneficiary.
7
Upon information and belief Bank of America became the servicer at a
8
9
They also executed a deed of trust on their property at 1199 Harbour
10
(775) 329-5800, FAX (775) 329-5819
Cove, Sparks, Nevada on January 26, 2007, with Sierra Pacific Mortgage
11
HAGER & HEARNE
Co., Inc., for $644,000 and MERS as the beneficiary. Upon information
Reno, NV 89501
12
13 and belief, First Horizon became the servicer at a time known to the
14 Defendants.
15 r. CHARLES A. DIMINO and KIMBERLY A. DIMINO, executed a deed
16 of trust on their property at 1142 Harbour Cove Court, Sparks, Nevada on
17 October 20, 2006, with Stearns Lending, Inc., in the amount of $125,000
18 and MERS as the beneficiary. Upon information and belief, Countrywide
19
became the servicer at a time known to the Defendants.
20
s. DIMITRI O. DINTCHEV, executed a deed of trust on his property at
21
6401 Peavine Hills Avenue, Reno, Nevada on November 3, 2006, with
22
Southstar Funding, in the amount of $560,000 and MERS as the
23
beneficiary. Upon information and belief, EMC Corporation became the
24
servicer at a time known to the Defendants. The foreclosing entity is
25
Quality Loan Service Corp.

1 t. MICHAEL T. EPPS, executed a deed of trust on his property at 946
2 Dresslerville Road, Gardnerville, Nevada on July 26, 2007, with Castle

3 Point Mortgage, Inc., in the amount of $342,000 and MERS as the
4 beneficiary on July 26, 2007. Upon information and belief, Castle Point
5
Mortgage, Inc. became the servicer at a time known to the Defendants.
6
The foreclosing entity is Recontrust Company.
7
u. DARRYL J. FEEMSTER and VIVIAN M. FEEMSTER, executed a deed
8
of trust on their property at 680 Winston Drive, Reno, Nevada on May
9
25, 2006, with Quick Loan Funding in the amount of $175,000 and
10
(775) 329-5800, FAX (775) 329-5819
MERS as the beneficiary. Upon information and belief, Chase became

11
HAGER & HEARNE
the servicer at a time known to the Defendants.

Reno, NV 89501
12
13 v. CASIMIRO JIMENEZ GRANADOS, executed a deed of trust on his
14 property at 1580 Trainer Way, Reno, Nevada on April 16, 2007, with
15 Lehman Brothers Bank, FSB, in the amount of $250,000 and MERS as
16 the beneficiary. Upon information and belief, Aurora Home Mortgage
17 became the servicer at a time known to the Defendants. The foreclosing

18 entity is Cal-Western Reconveyance Corporation.
19
w. JONI ANN HAMMITT (aka KROPF), executed a deed of trust on her
20
property on 7830 Opal Station Drive, Reno, Nevada, on November 7,
21
2005, with in the amount of $63,000 and MERS as the beneficiary.
22
Upon information and belief, Wells Fargo became the servicer at a time
23
24
x. GARY W. HEMBREE, executed a deed of trust on his property at 644,
25
646, 648 and 650 Leslie Court, Fallon, Nevada on May 10, 2007, with

1 Summit Funding, Inc., in the amount of $347,000 and MERS as the
2 beneficiary. Upon information and belief, the America’s Servicing

3 Company became the servicer at a time known to the Defendants. The
4 foreclosing entity is National Default Servicing Corporation.
5
HEMBREE also executed a deed of trust on his property at 680, 682,
6
684 and 686 Leslie Court, Fallon, Nevada on May 10, 2007, with
7
Summit Funding, Inc., in the amount of $349,000 and MERS as the
8
beneficiary. Upon information and belief, the America’s Servicing
9
Company became the servicer at a time known to the Defendants. The
10
(775) 329-5800, FAX (775) 329-5819
foreclosing entity is National Default Servicing Corporation.

11
HAGER & HEARNE

Reno, NV 89501
12
13 693 and 691 Leslie Court, Fallon, Nevada on August 8, 2008, with
14 Countrywide Home Loans, Inc, in the amount of $362,000 and MERS
15 as the beneficiary. Upon information and belief, Bank of America
16 became the servicer at a time known to the Defendants.
17 HEMBREE also executed a deed of trust on his property at 700 Starlite

18 Drive, Fernley, Nevada on May 13, 2005, with Silver State Financial
19
Services, dba Silver State Mortgage, in the amount of 290,000 and
20
MERS as the beneficiary. Upon information and belief, America’s
21
Servicing Corp. became the servicer at a time known to Defendants.
22
HEMBREE also executed a deed of trust on his property at 730 Starlite
23
Drive, Fernley, Nevada on July 14, 2005, with Silver State Financial
24
Services, dba Silver State Mortgage in the amount of $297,500 and
25

1 MERS as the beneficiary. Upon information and belief, Central
2 Mortgage Co., became the servicer at a time known to Defendants.

3 HEMBREE also executed a deed of trust on his property at 670 Starlite
4 Drive, Fernley, Nevada on May 12, 2005, with Silver State Financial
5
6
7
Servicing Co., became the servicer at a time known to Defendant.
8
9
Drive, Fernley, Nevada on May 11, 2005, with Silver State Financial
10
(775) 329-5800, FAX (775) 329-5819

11
HAGER & HEARNE

Reno, NV 89501
12
13 Servicing Co., became the servicer at a time known to Defendants.
14 HEMBREE also executed a deed of trust on his property at 662, 656,
15 658 and 660 Leslie Court, Fallon, Nevada on August 30, 2007, with
16 Countrywide Bank, FSB, in the amount of $340,000 and MERS as the
17 beneficiary. Upon information and belief, Bank of America became the

18 servicer at a time known to Defendants.
19
20
Drive, Fernley, Nevada on July 19, 2005, with Silver State Financial
21
22
MERS as the beneficiary. Upon information and belief, Central
23
Mortgage Co., became the servicer at a time known to Defendants.
24
HEMBREE also executed a deed of trust on his property at 605 Leslie
25
Court, Fallon, Nevada on July 14, 2005, with Silver State Financial

1 Services, dba Silver State Mortgage in the amount of $297,500 and
2 MERS as the beneficiary. Upon information and belief, Central

3 Mortgage Co., became the servicer at a time known to Defendants.
4 HEMBREE also executed a deed of trust on his property at 698, 692,
5
694 and 696 Leslie Court, Fallon, Nevada on August 30, 2007, with
6
Countrywide Bank, FSB in the amount of $340,000 and MERS as the
7
beneficiary. Upon information and belief, Bank of America became the
8
servicer at a time known to Defendants.
9
10
(775) 329-5800, FAX (775) 329-5819
657 and 659 Leslie Court, Fallon, Nevada on August 30, 2007, with
11
HAGER & HEARNE
Countrywide Bank FSB in the amount of $340,000 and MERS as the

Reno, NV 89501
12
13 beneficiary. Upon information and belief, Bank of America became the
14 servicer at a time known to Defendants.
15 y. DAVID HUTLER, executed a deed of trust on his property at 2091
16 Lousetown Road, Reno, Nevada on December 14, 2007, with Wilson
17 Resources, Inc., in the amount of $464,000 and MERS as the

18 beneficiary on December 14, 2007. Upon information and belief, Bank
19
of America became the servicer at a time known to Defendants. The
20
foreclosing entity is Recontrust Company.
21
z. NEIL M. JOHNSON, executed a deed of trust on his property at 8080
22
Highland Flum Circle, Reno, Nevada on March 13, 2006, with First
23
Magnus Financial Corp., in the amount of $392,000 and MERS as the
24
beneficiary. Upon information and belief, Countrywide/Bank of
25

1 America became the servicer at a time known to Defendants. The
2 foreclosing entity is Recontrust Company.

3 aa. HOLLY A KINNEY, executed a deed of trust on her property at 3251
4 San Simeon Court, Reno, Nevada on October 26, 2005, with U.S
5
Financial Mortgage Corp., in the amount of $279,600 and MERS as
6
the beneficiary. Upon information and belief, Aurora became the
7
servicer at a time known to Defendants. The foreclosing entity is The
8
Cooper Castle Law Firm, LLP.
9
bb. JAMES M. KOSHELLA and TERESA R. KOSHELLA, executed a
10
(775) 329-5800, FAX (775) 329-5819
deed of trust on their property at 3890 Peregrine Circle, Reno, Nevada

11
HAGER & HEARNE
on March 26, 2008, with Countrywide Bank, FSB in the amount of

Reno, NV 89501
12
14 Bank of America became the servicer at a time known to Defendants.
15 The foreclosing entity is Recontrust Company.
16 cc. MARIA R. LEONARD, executed a deed of trust on her property at 752
17 E. Peak Lane, Gardnerville, Nevada on May 17, 2007, with

18 Countrywide Home Loans, Inc., in the amount of $262,400 and MERS
19
as the beneficiary on May 17, 2007. Upon information and belief,
20
Countrywide became the servicer at a time known to Defendants.
21
dd. JENNIFER LOPEZ, aka JENNIFER MENDOZA, executed a deed of
22
trust on her property at 5010 Coggins Road, Reno, Nevada on June 19,
23
2008, with First Magnus Financial Corp. in the amount of $284,460
24
and MERS as the beneficiary. Upon information and belief,
25

1 Countrywide became the servicer at a time known to Defendants. The
2 foreclosing entity is ReconTrust Company.

3 ee. JOHN V. LYNCH and RONICA LYNCH, executed a deed of trust on
4 their property at 638 Clydesdale Court, Gardnerville, Nevada on
5
September 24, 2007, with First Horizon Home Loans in the amount of
6
$355,000 and MERS as the beneficiary. Upon information and belief,
7
First Horizon, Met Life became the servicer at a time known to
8
Defendants. The foreclosing entity is Quality Loan Service Corp.
9
ff. BRIAN MCKAY and LAWRENCE D. MCKAY, executed a deed of trust
10
(775) 329-5800, FAX (775) 329-5819
on their property at 4329 Clearwood Drive, Reno, Nevada on

11
HAGER & HEARNE
February 1, 2008, with DHI Mortgage Company, Ltd., in the amount

Reno, NV 89501
12
13 of $358,710 and MERS as the beneficiary. Upon information and
14 belief, Wells Fargo Mortgage became the servicer at a time known to
15 Defendants. The foreclosing entity is National Default Servicing
16 Corporation.
17 gg. MICHAEL MCKEON, executed a deed of trust on his property at 1418

18 Purple Sate Drive, Reno, Nevada on March 21, 2008, with Mortgage
19
Investors Group in the amount of $272,500 and MERS as the
20
beneficiary. Upon information and belief, Bank of America became
21
the servicer at a time known to Defendants. The foreclosing entity is
22
Recontrust Company.
23
hh. WILFREDO MARIANO AND AGNES MARIANO, executed a deed of
24
trust on their property at 2926 E. Nashua Place, Sparks, Nevada, on
25
October 25, 2005, with Countrywide Home Loans, Inc., in the amount

1 of $384,000 and MERS as the beneficiary. Upon information and
2 belief, Bank of America became the servicer at a time known to

3 Defendants. The foreclosing entity is ReconTrust.
4 ii. JOHN MASON and BIANCA MASON, executed a deed of trust on
5
their property at 1200 W. Holcomb Lane, Reno, Nevada, on November
6
25, 2005, with Countrywide Home Loans, Inc., in the amount of
7
$3,000,000 and MERS as the beneficiary. Upon information and
8
belief Bank of America became the servicer at a time known to
9
Defendants. The foreclosing entity is ReconTrust Company.
10
(775) 329-5800, FAX (775) 329-5819
jj. GILBERT J. MENDOZA and GABRIELA T. MENDOZA, executed a

11
HAGER & HEARNE
deed of trust on their property at 6370 Saginaw Court, Sun Valley,

Reno, NV 89501
12
13 Nevada on January 13, 2006, with Home Mortgage Direct Lenders in
14 the amount of $283,500 and MERS as the beneficiary. Upon
15 information and belief, Option One became the servicer at a time
16 known to Defendants. The foreclosing entity is T.D. Service Company,
17 Agent for AHMSI Default Services, Inc.

18 kk. JEAN MERKELBACH, executed a deed of trust on her (with her ex-
19
husband who no longer has an interest in the property) property at
20
2190 Lands End Rd., Glennbrooke, Nevada on November 28, 2005
21
with Citimortgage, Inc., in the amount of $2,643,000 and MERS as the
22
beneficiary on November 28, 2005. Upon information and belief,
23
Citimortgage became the servicer at a time known to the Defendant.
24
The foreclosing entity is CR Title Services.
25

1 ll. CHRISTOPHER L. NELSON, executed a deed of trust on his property
2 at 830 Alena Way, Sparks, Nevada, on June 26, 2009, with Diablo
3 Funding Group, in the amount of $248,00 and MERS as the
5
6
mm. GARY A NEWTON, executed a deed of trust on his property at
7
1125 Harbour Cove Court, Sparks, Nevada on May 10, 2007, with
8
Sierra Pacific Mortgage, Inc., in the amount of $630,000 and MERS as
9
the beneficiary. Upon information and belief, America’s Servicing
10
(775) 329-5800, FAX (775) 329-5819
Company became the servicer at a time known to Defendants. The

11
HAGER & HEARNE
foreclosing entity is Recontrust Company.

Reno, NV 89501
12
13 NEWTON also executed a deed of trust on his property at 1113
14 Harbour Cove Court, Sparks, Nevada, on May 16, 2005, with Stearns
15 Lending, Inc., in the amount of $480,000 and MERS as the
16 beneficiary. Upon Information and belief, Bank of America became
17 the servicer at a time known to Defendants. The foreclosing entity is

18 National Default Servicing Corporation.
19
nn. PAMELA PENNY (aka PENNY RUTHERFORD) and PHIL
20
RUTHERFORD, executed a deed of trust on their property at 4030
21
Citrus Street, Silver Springs, Nevada, on February 6, 2008, with Land
22
Home Financial Services, Inc., in the amount of $198,404 and MERS
23
as the beneficiary. Upon information and belief, Countrywide became
24
the servicer at a time known to Defendants.
25

1 oo. NORMA PIZZUTO and DARREN DISMUKE, executed a deed of trust
2 on their property at 3654 Winner Dr., Las Vegas, Nevada on May 25,
3 2007, with First Horizon Home Loans in the amount of $150,000 and
4 MERS as the beneficiary. Upon information and belief, Countrywide
5
became the servicer at a time known to Defendants.
6
pp. WOJCJECH POLANSKI and MARIOLA POLANSKI, executed a deed
7
of trust on their property at 10562 Thistle Berry Court, Reno, Nevada,
8
on February 27, 2007, with Countrywide Bank, NA, in the amount of
9
10
(775) 329-5800, FAX (775) 329-5819
Countrywide Home Loans became the servicer at a time known to

11
HAGER & HEARNE
Defendants. The foreclosing entity is Recontrust Company.

Reno, NV 89501
12
13 qq. RANDALL H. and JUNE ANN REES, executed a deed of trust on
14 their property at 900 S. Meadows Parkway, Apartment 5221, Reno,
15 Nevada, on August 17, 2006, with Soma Financial, in the amount of
17 Bank of America became the servicer at a time known to Defendants.

18 The foreclosing entity is Recontrust Company.
19
rr. CHARISE K. and TODD C. ROBERTS, executed a deed of trust on
20
their property at 3979 Kentwood Court, Reno, Nevada, with The
21
Mortgage Depot, Inc., in the amount of $289,275 and MERS as the
22
beneficiary on August 23, 2007. Upon information and belief,
23
Citimortgage became the servicer at a time known to Defendants.
24
The foreclosing entity is Citimortgage.
25

1 uu. NIGEL RUDLIN executed a deed of trust on their property at 821
2 Geraldine Drive, Reno, Nevada, on August 10, 2005, with Diablo

3 Funding Group in the amount of $650,000 and MERS as the
4 beneficiary. Upon information and belief, Bank of America became
5
the servicer at a time known to Defendants. The foreclosing entity is
6
Recontrust Company.
7
ss. EFRAIN DELAROSA SALDANA executed a deed of trust on their
8
property at 1254 Mountain Rose Drive, Fernley, Nevada, on February
9
8, 2007, with The Mortgage House Inc. in the amount of $199,000
10
(775) 329-5800, FAX (775) 329-5819
and MERS as the beneficiary. Upon information and belief, Bank of

11
HAGER & HEARNE
America became the servicer at a time known to Defendants. The

Reno, NV 89501
12
14 tt. ANTONIO SERVIDIO executed a deed of trust on his property at
15 2150 Sutro Street, Building B, Reno, Nevada on April 12, 2006, with
16 First Magnus Financial Corp. the amount of $402,500 and MERS as
17 the beneficiary. Upon information and belief, Countrywide Home

18 Loans became the servicer at a time known to Defendants. The
19
foreclosing entity is California Reconveyance Company. Servidio also
20
executed a deed of trust on his property at 3932 Antinori Drive, Reno,
21
Nevada on March 27, 2006, with Realty Mortgage Corporation in the
22
amount of $228,000 and MERS as the beneficiary. Upon
23
information and belief, Countrywide Home Loans became the
24
servicer at a time known to Defendants. The foreclosing entity is
25
Recontrust Company. Servidio also executed a deed of trust on his

1 property at 6696 Sportoletti Drive, Reno, Nevada on February 10,
2 2006, with Greenpoint Funding Mortgage Inc. in the amount of

3 $232,000 and MERS as the beneficiary. Upon information and
4 belief, Homecomings Financials became the servicer at a time known
5
to Defendants. The Foreclosing entity is Executive Trustee Services,
6
LLC. Servidio also executed a deed of trust on his property at 6696
7
Sportoletti Drive, Reno, Nevada on March 24, 2006, with Realty
8
Mortgage Corporation in the amount of $228,000 and MERS as the
9
beneficiary on March 243, 2006. Upon information and belief,
10
(775) 329-5800, FAX (775) 329-5819
Countrywide Home Loans became the servicer at a time known to

11
HAGER & HEARNE
Defendants. The Foreclosing entity is Recontrust Company.

Reno, NV 89501
12
13 Servidio also executed a deed of trust on his property at 2750 Plumas
14 Street #102, Reno, Nevada on August 2, 2005, with First Magnus
15 Financial Corp. in the amount of $108,000 and MERS as the
16 beneficiary. Upon information and belief, Countrywide Home Loans
17 became the servicer at a time known to Defendants. The foreclosing

18 entity is Recontrust Company. He also executed a deed of trust on
19
his property at 2495 Tuscan, Sparks, Nevada on June 20, 2005, with
20
First Magnus Financial Corp. in the amount of $450,000 and MERS
21
as the beneficiary. Upon information and belief, Countrywide Home
22
Loans became the servicer at a time known to Defendants. The
23
foreclosing entity is Recontrust Company. He also executed a deed
24
of trust on his property at 6689 N. Latour Drive, Reno, Nevada on
25
February 10, 2006, with Mortgageit, Inc. in the amount of $248,000

1 and MERS as the beneficiary on February 10, 2006. Upon
2 information and belief, Homecomings Financials became the servicer

3 at a time known to Defendants. The foreclosing entity is Quality Loan
4 Service Corp. Servidio also executed a deed of trust on his property at
5
2643 Roseto Circle, Sparks, Nevada on January 30, 2006, with
6
Greenpoint Funding Mortgage Inc. in the amount of $356,000 and
7
MERS as the beneficiary. Upon information and belief, GMAC
8
became the servicer at a time known to Defendants. The foreclosing
9
entity is Executive Trustee Services, LLC. Servidio also executed a
10
(775) 329-5800, FAX (775) 329-5819
deed of trust on his property at 703 Shadown Lane, Fernley, Nevada

11
HAGER & HEARNE
on February 28, 2006, with Mortgageit, Inc. in the amount of

Reno, NV 89501
12
14 Countrywide Home Loans became the servicer at a time known to
15 Defendants. The foreclosing entity is Recontrust Company.
16 Servidio also executed a deed of trust on his property at 710 Shadow
17 Lane, Fernley, Nevada on February 28, 2006, with Mortgageit, Inc.

18 in the amount of $161,000 and MERS as the beneficiary. Upon
19
20
servicer at a time known to Defendants. The foreclosing entity is
21
Recontrust Company. Servidio also executed a deed of trust on his
22
property at 714 Shadown Lane, Fernley, Nevada on February 28,
23
2006, with Mortgageit, Inc. in the amount of $161,000 and MERS as
24
the beneficiary. Upon information and belief, Countrywide Home
25

1 Loans became the servicer at a time known to Defendants. The

3 uu. SALLY SERVIDIO executed a deed of trust on her property at 2150
4 Sutro, Building A, Reno, Nevada on May 12, 2005, with Countrywide
5
Home Loans, Inc. in the amount of $392,000 and MERS as the
6
beneficiary. Upon information and belief, Countrywide Home Loans
7
became the servicer at a time known to Defendants. The foreclosing
8
entity is Recontrust Company. She also executed a deed of trust on
9
her property at 2150 Sutro, Building C, Reno, Nevada on May 12,
10
(775) 329-5800, FAX (775) 329-5819
2005, with Countrywide Home Loans, Inc. in the amount of

11
HAGER & HEARNE
$392,000 and MERS as the beneficiary on May 12, 2005. Upon

Reno, NV 89501
12
13 information and belief, Countrywide Home Loans became the
14 servicer at a time known to Defendants. The foreclosing entity is
16 vv. JASWINDER SINGH and VARINDER KAUR executed a deed of
17 trust on their property at 1101 Harbour Cove Court, Sparks, Nevada

18 on August 12, 2007, with Countrywide Home Loans, Inc. in the
19
amount of $556,000 and MERS as the beneficiary. Upon
20
21
22
ww. KIP M. THOMPSON, HELEN T. THOMPSON and
23
GABRIELLE C. THOMPSON executed a deed of trust on their
24
property at 1388 Boardwalk Place, Sparks, Nevada on January 20,
25
2006, with Countrywide Home Loans, Inc. in the amount of $246,400

1 and MERS as the beneficiary. Upon information and belief, Bank of
2 America became the servicer at a time known to Defendants. The

4 KIP M. THOMPSON and HELEN T. THOMPSON also executed a deed
5
of trust on their property at 6350 Black Deer Court, Sparks, Nevada,
6
on April 7, 2006, with SOMA FINANCIAL in the amount of $462,000
7
and MERS as the beneficiary. Upon information and belief, Bank of
8
America became the servicer at a time known to Defendants.
9
xx. DIMITRITZA TOROMANOVAN executed a deed of trust on her
10
(775) 329-5800, FAX (775) 329-5819
property at 145 Harmon Avenue #519, Las Vegas, Nevada on July 26

11
HAGER & HEARNE
2006, with Soma Financial in the amount of $340,000 and MERS as

Reno, NV 89501
12
13 the beneficiary. Upon information and belief, ASC/Wells Fargo
14 Home Loans became the servicer at a time known to Defendants. The
15 foreclosing entity is National Default Servicing Corp. She also
16 executed a deed of trust on her property at 4174 Jaquline Way, Las
17 Vegas, Nevada, on May 12, 2006, with Paragon Home Lending, LLC
18 in the amount of $225,000 and MERS as the beneficiary. Upon
19
information and belief, Bank of America became the servicer at a time
20
known to Defendants. She also executed a deed of trust on her
21
property at 10343 Ednor Court, Las Vegas, Nevada, on March 31,
22
2004, Greenpoint Funding Mortgage Inc. in the amount of $168,000
23
and MERS as the beneficiary on March 31, 2004. Upon information
24
and belief, Chase became the servicer at a time known to Defendants.
25
She also executed a deed of trust on her property at 8160 Finch

1 Feather, Las Vegas, Nevada, on May 7, 2004, with Countrywide
2 Mortgage Group in the amount of $160,350 and MERS as the

3 beneficiary. Upon information and belief, Citimortgage became the
4 servicer at a time known to Defendants. She also executed a deed of
5
trust on her property at 1708 Cordoba Lane, Las Vegas, Nevada, on
6
August 7, 2003, with Lehman Brothers Bank, FSB in the amount of
7
8
Aurora Loans became the servicer at a time known to Defendants.
9
yy. LENORA M. and JOSEPH T. VAETH executed a deed of trust on
10
(775) 329-5800, FAX (775) 329-5819
their property at 425 Dartmoor Court, Reno, Nevada, on December

11
HAGER & HEARNE
22, 2006, with Countrywide Home Loans, Inc. in the amount of

Reno, NV 89501
12
13 $356,000 and MERS as the beneficiary. Upon information and
14 belief, Bank of America became the servicer at a time known to
15 Defendants.
16 zz. LAURO C. and YESENIA VIZCARRA executed a deed of trust on their
17 property at 2240 Tripp Drive, Reno, Nevada, on December 6, 2006,

18 with Equifirst Corporation in the amount of $204,000 and MERS as
19
the beneficiary. Upon information and belief, America’s Servicing
20
Company became the servicer at a time known to Defendants. The
21
foreclosing entity is National Default Servicing Corporation.
22
FIRST CLAIM FOR RELIEF
23
(Wrongful Foreclosure)
24
(As to Defendants servicers and foreclosers)
25

1 139. Plaintiffs incorporate each and every paragraph of this Complaint as if fully
2 set forth in this claim.

3 140. An assignment of an obligation under a mortgage, the note, operates as an
4 assignment of the mortgage.
5
141. The assignment of the obligations or notes of the Plaintiffs to the investors by
6
way of mortgage backed securities resulted in a co-mingling of the notes and no interest in
7
the note or deed of trust was retained by the lender or by MERS as beneficiary or nominee
8
of the lender.
9
142. The obligations of the Plaintiffs on which the Defendants have declared a
10
(775) 329-5800, FAX (775) 329-5819
default were discharged when the investors in the mortgage backed securities claims were
11
HAGER & HEARNE
paid as a result of over-collateralization of the obligations and/or credit default swaps

Reno, NV 89501
12
13 and/or federal bailout funds and other monies paid to the investors who owned the notes
14 and obligations and/or to the Defendants or bank holding companies who disbursed the
15 monies in such fashion as to extinguish the obligations of Plaintiffs to repay the monies
16 they borrowed which are at issue herein.
17 143. Neither the investors in the mortgage backed securities nor any other entity
18 or person who had a right to payment from the borrowers or was a beneficiary under the
19
deeds of trust ever declared a default of the notes executed by Plaintiffs.
20
144. No true beneficiary under the deed of trust ever declared a default under the
21
note and deed of trust.
22
145. No true and no beneficiary under the deed of trust ever directed a sale of any
23
of the properties owned by Plaintiffs in which MERS is named as beneficiary or nominee
24
of the beneficiary/lender at issue in this action.
25

1 146. The servicers of the notes have no contract with the Plaintiffs, no investment
2 in the mortgage backed securities, and no right to declare a default on the note and the
3 allegations by the servicers including the Defendants herein in the notices of default and
4 election to sell the Plaintiffs’ properties. Therefore, any statement that “the beneficiary
5
has declared a default and directed that the property be sold” is not true, and the
6
Defendant servicers who have made that false representation knew or should have known
7
at the time each and every such notice was executed, mailed and recorded that those
8
allegations were false.
9
147. Foreclosure against the properties of the Plaintiffs cannot commence without
10
(775) 329-5800, FAX (775) 329-5819
a written declaration of default and direction to the trustee to sell the property made by
11
HAGER & HEARNE
the persons or entities to whom the obligation under the notes are owed.
Reno, NV 89501
12
13 148. After the debts on the notes were discharged to the investors, the
14 assignments of the deeds of trust and notes, the designations of substitute trustees and
15 substitute beneficiaries, the declarations of default and directions to sell the properties,
16 the notices of default and election to sell, the notices of sale and the foreclosure sales were
17 nullities and transferred nothing to the entities now seeking to foreclose on the Plaintiffs’
18 properties or claiming to own the Plaintiffs’ properties as bank REO’s.
19
149. No person or entity with any legal right to declare a default and direct a sale
20
on any of the Plaintiffs’ notes and/or deeds of trust naming MERS as beneficiary or
21
nominee of the beneficiary/lender ever declared a default and directed a sale of any such
22
property of Plaintiffs herein.
23
150. As a direct and proximate result of the unlawful and wrongful
24
commencement and advancement of foreclosure proceedings by Defendants complained
25
of herein, the Plaintiffs who have been subjected to such actions by Defendants have

1 suffered damages, including, without limitation, economic damages, severe and disabling
2 psychological and physical pain and suffering, humiliation, embarrassment, damage to

3 credit and other damages as alleged herein.
4 151. Plaintiffs have been required to retain counsel and expend costs to prosecute
5
this claim for relief.
6
SECOND CLAIM FOR RELIEF
7
8 (Unjust Enrichment)
9 (As to Defendants Securitizers and Servicers)
10
(775) 329-5800, FAX (775) 329-5819
152. Plaintiffs incorporate each and every paragraph of this Complaint as if fully
11
set forth in this claim.

HAGER & HEARNE
Reno, NV 89501
12
153. Defendants’ deceptive scheme as alleged herein unjustly enriched
13
Defendants, and each of them, to the detriment of Plaintiffs, and similarly situated class
14
members, by causing Defendants, and each of them, to receive monetary payments from
15
16 Plaintiffs and the class members and money to which Defendants were not entitled
17 because the Defendants did not fund the loans of the Plaintiffs.
18 154. Specifically, Plaintiffs and class members have been injured in the property
19 and right to peaceful enjoyment of their primary residence in a variety of ways, including
20 but not limited to: All borrowers who were targeted for and lured into the mortgages sold
21 by Defendants were handicapped in understanding the terms of those loans. This
22
constituted a misrepresentation that caused Plaintiffs to make their monthly payments
23
from the cash that represented the equity in their home to the Defendants. Moreover,
24
upon information and belief, the variety of additional and separate payments charged for
25
services and other items tangential to the loan were prohibitive. The result is that

1 Plaintiffs, and each class member, assumed financial burdens that they would not
2 otherwise have assumed, and paid Defendants funds to which the Defendants were not
3 entitled nor owed.
4 155. The loans made to Plaintiffs and to each class member were then
5
repackaged, reassigned, and/or resold, each with a margin of profit for the assignee/buyer
6
that would not otherwise have existed had Plaintiffs and all other members of the class
7
not been deceived by the original terms of the loan and/or the lack of disclosures as
8
alleged herein. Likewise Plaintiffs would not have continued to make payments on the
9
loans if the Defendants had properly disclosed the discharge of the obligations on the
10
(775) 329-5800, FAX (775) 329-5819
notes to the investors.

11
HAGER & HEARNE
156. Plaintiffs and each class member have paid or continue to pay an inflated
Reno, NV 89501
12
13 interest rate that, upon information and belief, would not have been agreed to but for the
14 failure to understand the documents and otherwise disclose the true terms and costs of
15 the loans, tangential services, and out-of-pocket costs.
16 157. Upon information and belief, Defendants, and each of them, retained and
17 continue to retain these ongoing and escalating profits to the detriment of Plaintiffs and
18 each class member, contrary to the fundamental principals of fairness, justice, and good
19
conscience.
20
158. Upon information and belief, all payments made to the Defendants servicing
21
the Plaintiffs’ mortgages are not due to the Defendants who are or were making demands
22
for collection.
23
159. The Defendants who have serviced the loans of the Plaintiffs did not fund
24
the loans, did not loan any money to the Plaintiffs, and are not holders in due course of
25
the notes of the Plaintiffs and have no lawful right to foreclose upon Plaintiffs’ homes if

1 Plaintiffs do not make the payments according to the notes that were executed by
2 Plaintiffs at the time the loans were received.

3 160. Upon information and belief, all sums advanced to Plaintiffs for loans by
4 investors have been repaid, settled, satisfied or otherwise are no longer outstanding.
5
161. Plaintiffs have no contract with the Defendants and Defendants hold no
6
contract rights that constitute an obligation from the Plaintiffs.
7
162. Accordingly, Defendants, and each of them, should be ordered to return all
8
funds obtained as a result of their deceptive scheme to Plaintiffs and class members.
9
THIRD CLAIM FOR RELIEF
10
(775) 329-5800, FAX (775) 329-5819
(Conspiracy to Commit Wrongful Foreclosure by Creation, Operation,

11
HAGER & HEARNE
and Use of the MERS System)

Reno, NV 89501
12
13 (As to Defendants MERSCORP, Inc., MERS, Inc., Freddie Mac, Fannie Mae,
14 GMAC Mortgage, L.L.C., National City Mortgage, J.P. Morgan Chase Bank,
15 N.A., CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage
16 Corporation, U.S.A., Wells Fargo Bank, N.A., GE Money Bank, Bank of
17 America, N.A., United Guaranty Corporation, PNC Financial Services Group,
18 Inc., National City Corporation, National City Bank, LaSalle Bank, and
19 Merrill Lynch)
20
21 163. Plaintiffs incorporate by this reference each and every paragraph of this
22 Complaint as if set forth fully herein.
23 164. Upon information and belief, Defendants MERSCORP, Inc., MERS, Inc.,
24 Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C., J.P. Morgan Chase Bank, N.A.,
25 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,
1 PNC Financial Services Group, Inc., National City Corporation, National City Bank,
2 LaSalle Bank, and Merrill Lynch (hereinafter in this Third Claim for Relief collectively
3 referred to for purposes of this Third Claim as the “Defendant conspirators”), and each of
4 them, did knowingly and willfully conspire and agree among themselves to engage in a
5
conspiracy to promote, encourage, facilitate and actively engage in wrongful foreclosures
6
perpetrated on Plaintiffs as alleged herein and the actions of the Defendant conspirators
7
were taken as part of the business policies and practices of each Defendant conspirator in
8
participating in the MERS system.
9
165. The MERS system was known by Defendant conspirators as being used by
10
(775) 329-5800, FAX (775) 329-5819
the Defendant co-conspirators named in the First Claim for relief to facilitate the wrongful
11
HAGER & HEARNE
foreclosures complained of herein.

Reno, NV 89501
12
13 166. Specifically, the MERS system was designed to remove the need for
14 recordation of transfers of deeds of trust as alleged herein. This component of the design
15 of the MERS System facilitated the wrongful foreclosures complained of herein by making
16 it easier to transfer the purported beneficial interest in a deed of trust and to appoint a
17 trustee for the purpose of foreclosing on a property, despite the fact that the deed of trust
18 no longer provided security for a note as a result of the note having been separated from
19
the deed of trust as alleged herein.
20
167. The MERS system does not track the transfer of the note.
21
168. The MERS system does not track the identity of the holder of the note.
22
169. Upon information and belief, the Defendant conspirators are or have been
23
creators and/or directors of MERSCORP, Inc., MERS, Inc. and/or members of the MERS
24
system, and, as to Defendant conspirators, Freddie Mac, Fannie Mae, GMAC Mortgage,
25
L.L.C., National City Mortgage, and J.P. Morgan Chase Bank, N.A., have, through their

1 employees and agents, served as members of the Board of Directors of MERSCORP, Inc.
2 and/or MERS, Inc., and participated in the design and coordination of the MERS system
3 described in this complaint.
4 170. Defendants’ participation as shareholders, directors, operators, or members
5
of MERSCORP, Inc. and/or MERS, Inc. are as follows:
6
a. Defendants J.P. Morgan Chase Bank, CitiMortgage, Inc., Countrywide Home
7
Loans, Inc., Fannie Mae, Freddie Mac, Merrill Lynch, United Guaranty Corporation, and
8
Wells Fargo Bank, N.A. are each Shareholders of MERSCORP, Inc.
9
b. MERSCORP, Inc. is the operating company that owns and operates the
10
(775) 329-5800, FAX (775) 329-5819
MERS System described herein, and is the parent company of Mortgage Electronic
11
HAGER & HEARNE
Registration Systems, Inc. (“MERS, Inc.”).

Reno, NV 89501
12
13 c. Defendants Freddie Mac, MERSCORP, Inc., National City Mortgage, Fannie
14 MAE, and United Guaranty Corporation are directors of MERS, Inc. and/or MERSCORP,
15 Inc.
16 d. Defendants Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C., National
17 City Mortgage, National City Bank, and its division, First Franklin Financial Corporation,
18 National City Corporation, PNC Financial Services Group, J.P. Morgan Chase Bank, N.A.,
19
CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage Corporation, U.S.A.,
20
GE Money Bank, Bank of America, N.A., Wells Fargo Bank, N.A., LaSalle Bank, N.A.,
21
United Guaranty Corporation, and Merrill Lynch are Members of MERS, Inc.
22
171. Whenever this Complaint refers to any corporation's act, deed, or transaction,
23
it means that such corporation engaged in the act, deed, or transaction by or through its
24
members, officers, directors, agents, employees, or other representatives while they
25

1 actively were engaged in the creation, management, direction, control, or transaction of its
2 business or affairs.
3 FOURTH CLAIM FOR RELIEF
4
(Conspiracy to Commit Fraud by Creation, Operation and Use of the MERS
5
System)
6
(As to Defendants MERSCORP, Inc., MERS, Inc., Freddie Mac, Fannie Mae,
7
GMAC Mortgage, L.L.C., National City Mortgage, J.P. Morgan Chase Bank,
8
N.A., CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage
9
Corporation, U.S.A., Wells Fargo Bank, N.A., GE Money Bank, Bank of
10
(775) 329-5800, FAX (775) 329-5819
America, N.A., United Guaranty Corporation, PNC Financial Services Group,

11
HAGER & HEARNE
Inc., National City Corporation, National City Bank, LaSalle Bank, and
Reno, NV 89501
12
Merrill Lynch)
13
14 172. Plaintiffs incorporate by this reference each and every paragraph of this
15
Complaint as if set forth fully herein.
16
173. Upon information and belief, Defendants MERSCORP, Inc., MERS, Inc.,
17
Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C., J.P. Morgan Chase Bank, N.A.,
18
CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage Corporation, Wells
19
Fargo Bank, N.A., GE Money Bank, Bank of America, N.A., United Guaranty Corporation,
20
PNC Financial Services Group, Inc., National City Corporation, National City Bank,
21
LaSalle Bank, and Merrill Lynch (hereinafter in this Fourth Claim for Relief collectively
22
23 referred to for purposes of this Fourth Claim as the “Defendant conspirators”), and each
24 of them, did knowingly and willfully conspire and agree among themselves to engage in a
25 conspiracy to promote, encourage, facilitate and actively engage in predatory lending
practices perpetrated on Plaintiffs whereby loans were made Plaintiffs using underwriting
1 guidelines that disregarded the Plaintiffs’ ability to repay the loan and which were
2 inconsistent with underwriting guidelines previously considered as standard in the

3 industry and the actions of the Defendant conspirators were taken as part of the business
4 policies and practices of each Defendant conspirator in participating in the MERS system.
5
174. The Defendant co-conspirators knew or should have known that the MERS
6
system would be used to facilitate the origination and sale of loans such as the ones made
7
to Plaintiffs herein.
8
175. All Plaintiffs were given loans pursuant to decreased underwriting guidelines
9
which were created between 2004 and 2008 by, or created between 2004 and 2008 by
10
(775) 329-5800, FAX (775) 329-5819
others and implemented by, the Defendants named as originators, and which
11
HAGER & HEARNE
underwriting guidelines were inconsistent with underwriting guidelines previously

Reno, NV 89501
12
13 considered as standard in the industry and which previous underwriting guidelines
14 included consideration of factors which included, but were not limited to, the borrower’s
15 capacity to repay the loan, the borrower’s credit rating, and the value of the collateral
16 securing the loan.
17 176. All Plaintiffs were advised by the lenders who were acting for the lenders,
18 servicers and sercuritizers on each loan, defined herein, that Plaintiffs were qualified for
19
the loans described herein, although such representations were known to those
20
Defendants to be false, or were made without intentional or reckless disregard to the truth
21
or falsity of the representations.
22
177. The Defendants described in the preceding paragraph intended that the
23
Plaintiffs would rely on the representations related to their qualification on the loans.
24
178. All Plaintiffs reasonably relied and had a right to so rely on the
25
representations of Defendants that they were qualified to take out the loans, evidenced by

1 their execution of the notes and deeds of trust described herein. Plaintiffs were damaged
2 by such misrepresentations and reliance on same as alleged herein.

3 179. The Defendant servicers made representations to Plaintiffs as to the amounts
4 of payments due under the loans, including that the payments were due, and the amounts
5
of the payments due, and the due dates.
6
180. The Defendant servicers knew or should have known that such
7
representations were false because the note had been discharged through the
8
securitization process or through the note holder’s receipt of monies from third-party
9
sources as alleged herein. Defendants knew or should have known that the
10
(775) 329-5800, FAX (775) 329-5819
representations were material, as Plaintiffs would not have paid money to the Defendant
11
HAGER & HEARNE
servicers without Defendant servicers having made the representation.

Reno, NV 89501
12
13 181. The Defendant servicers intended that the Plaintiffs rely on the
14 representations in seeking payment from Plaintiffs.
15 182. Plaintiffs did rely on such representations in making payments to the
16 servicers, and the servicers, and any party for whom the servicer was collecting funds was
17 unjustly enriched as alleged herein.

18 183. Plaintiffs were damaged by the representations by the payment of money to
19
the Defendant servicers and as alleged herein.
20
184. All Plaintiffs were given loans that the Defendant Lenders knew or should
21
have known were designed to result in foreclosure, which resulted in the declaration of
22
default and the foreclosure of the loans as alleged herein.
23
185. The purpose of giving the loans to Plaintiffs described herein was to fuel the
24
demand for mortgage-backed securities generated between 2004 and 2008.
25

1 186. As alleged below, the MERS system facilitated securitization and transfer of
2 loans.
3 187. Upon information and belief, the Defendant conspirators are or have been
4 shareholders in MERSCORP, Inc., MERS, Inc. and/or members of the MERS system, and,
5
as to Defendant conspirators, Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C.,
6
National City Mortgage, and J.P. Morgan Chase Bank, N.A., have, through their
7
employees and agents, served as members of the Board of Directors of MERSCORP, Inc.
8
and/or MERS, Inc., and participated in the design and coordination of the MERS system
9
described in this complaint.
10
(775) 329-5800, FAX (775) 329-5819
188. Defendants’ participation as shareholders, directors, operators, or members

11
HAGER & HEARNE
of MERSCORP, Inc. and/or MERS, Inc. are as follows:

Reno, NV 89501
12
13 a. Defendants J.P. Morgan Chase Bank, CitiMortgage, Inc., Countrywide Home
14 Loans, Inc., Fannie Mae, Freddie Mac, Merrill Lynch, AIG United Guaranty Corporation,
15 and Wells Fargo Bank, N.A. are each Shareholders of MERSCORP, Inc.
16 b. MERSCORP, Inc. is the operating company that owns and operates the
17 MERS System described herein, and is the parent company of Mortgage Electronic
18 Registration Systems, Inc. (“MERS, Inc.”).
19
c. Defendants Freddie Mac, MERSCORP, Inc., National City Mortgage, Fannie
20
MAE, and AIG United Guaranty Corporation are directors of MERS, Inc. and/or
21
MERSCORP, Inc.
22
d. Defendants Freddie Mac, Fannie Mae, GMAC Mortgage, L.L.C., National
23
City Mortgage, National City Bank, and its division, First Franklin Financial Corporation,
24
National City Corporation, PNC Financial Services Group, J.P. Morgan Chase Bank, N.A.,
25
CitiMortgage, Inc., Countrywide Home Loans, Inc., HSBC Mortgage Corporation, U.S.A.,

1 GE Money Bank, Bank of America, N.A., Wells Fargo Bank, N.A., LaSalle Bank, N.A., AIG
2 United Guaranty Corporation, and Merrill Lynch are Members of MERS, Inc.
3 189. Whenever this Complaint refers to any corporation's act, deed, or
4 transaction, it means that such corporation engaged in the act, deed, or transaction by or
5
through its members, officers, directors, agents, employees, or other representatives while
6
they actively were engaged in the management, direction, control, or transaction of its
7
business or affairs.
8
190. Beginning at a time unknown to the Plaintiffs, prior to 2004, and continuing
9
through at least the present, the Defendant co-conspirators engaged in a conspiracy to
10
(775) 329-5800, FAX (775) 329-5819
unlawfully deprive borrower-homeowners of their interest in property in numerous states

11
HAGER & HEARNE
through issuing predatory loans as described herein, and through securitization and
Reno, NV 89501
12
13 subsequent processes described herein.
14 191. MERS, Inc. and/or MERSCORP, Inc. arranged for bilateral and multilateral
15 meetings, bilateral and multilateral teleconferences, and bilateral internet
16 communications with potential Shareholders, actual Shareholders, candidates for
17 Membership, and Members.

18 192. Upon information and belief, the Defendant conspirators have conspired
19
among themselves and with other unknown parties to:
20
a. develop a system of earning profits from the origination and
21
securitization of residential loans without regard for the rights of Plaintiffs, and others
22
similarly situated, by engaging in predatory and deceptive residential lending practices as
23
alleged in this complaint above; and
24
b. in furtherance of the system referred to immediately above, the
25
Defendant conspirators intentionally created, managed, operated and controlled the

1 Defendants MERSCORP, Inc. and MERS, Inc. for the specific purpose of MERS, Inc.
2 being designated as a sham “beneficiary” in the original deeds of trust securing those
3 loans, including the loan made to Plaintiffs and other similarly situated individuals by
4 Countrywide Home Loans, Inc. National City Bank and/or its division First Franklin; and
5
c. Defendant conspirators intentionally created, managed, operated and
6
controlled the MERS system with the unlawful intent and for the unlawful purpose of
7
making it difficult or impossible for Plaintiffs and other victims of such industry-wide
8
predatory policies and practices to identify and hold responsible the persons and entities
9
responsible for the unlawful actions of Defendant Countrywide Home Loans, Inc., MERS,
10
(775) 329-5800, FAX (775) 329-5819
Inc., National City Bank and/or its division First Franklin and their co-conspirators.
11
HAGER & HEARNE
193. Upon information and belief, Defendant conspirators, through creation of the
Reno, NV 89501
12
13 MERS system alleged herein, adopted and implemented residential lending underwriting
14 guidelines for use in Arizona and in other states which:
15 a. were intended to, and did, generate unprecedented profits for the Defendant
16 conspirators and their co-conspirators at the expense of Plaintiffs and other persons who
17 were fraudulently induced by the Defendant conspirators and their co-conspirators into
18 taking out residential loans that were known by the Defendant conspirators and their co-
19
conspirators, at the time the loans were originated, and
20
b. were likely to result in foreclosure on those loans and loss by Plaintiffs and
21
other borrowers of their homes, with reckless disregard and intentional indifference by
22
the Defendant conspirators and their co-conspirators of the likelihood of such foreclosure.
23
212. Removing real estate transaction records from the public record maintained
24
by the county clerks prevents oversight of real estate transactions by the public and by
25
public officials.

1 194. MERSCORP, Inc. informed its co-conspirators that using the MERS system
2 would remove transaction records from the public record.

3 195. MERSCORP, Inc. and/or MERS, Inc. have publicly stated the following:
4 a. “MERS eliminates the need to prepare and record assignments when trading
5
residential and commercial mortgage loans.”
6
b. “With the recording of the security instrument(s), MERS becomes the
7
mortgagee in the county land records and no assignments are required during a
8
subsequent sale and transfer of the loan between MERS members.”
9
c. “There is no dependency on the corporate name you use on closing
10
(775) 329-5800, FAX (775) 329-5819
documents and the corresponding corporate name on the MERS System because the
11
HAGER & HEARNE
MERS System is not the legal system of record of ownership of mortgage loans.”
Reno, NV 89501
12
13 196. Upon information and belief, the MERS system was created for the unlawful
14 purpose of hiding and insulating the brokers and originators of predatory toxic loans from
15 accountability and liability by creating an entity which simultaneously informed all
16 lenders who originated loans that named MERS as the beneficiary of the following:
17 a. MERS would never own or acquire any actual beneficial interest in any loan
18 in which it was named as beneficiary under the deed of trust, and that
19
b. MERS could be named as beneficiary for purposes of public notice and
20
notice to the borrower and would act in that capacity if so designated by the lender who
21
originated the loan.
22
197. Upon information and belief, the intent and purpose of the Defendant
23
conspirators and their co-conspirators in the creation, management, operation and
24
control of MERS was, without limitation, to make it impossible for the borrowers, their
25
attorneys, the courts, the government, and anyone other than the Defendant conspirators

1 who created and controlled MERS to identify the actual beneficial owner of any particular
2 loan or the property which was the collateral securing that loan until such time, if any,
3 that foreclosure action was initiated. As a result, Plaintiffs, and other similarly situated
4 individuals, were deprived of the right to attempt to modify their toxic loans, as the true
5
identity of the actual beneficial owner was intentionally hidden from Plaintiffs and other
6
similarly situated individuals.
7
198. MERSCORP, Inc.’s marketing materials also promise Members with
8
assistance with foreclosures. MERSCORP, Inc. and/or MERS, Inc. have publicly stated:
9
“MERS has assembled a Foreclosure Manual to provide a state-by-state guideline for our
10
(775) 329-5800, FAX (775) 329-5819
Members to follow when foreclosing a mortgage loan in the name of MERS.”

11
HAGER & HEARNE
199. Upon information and belief, the Defendant conspirators’ actions in

Reno, NV 89501
12
13 creating the MERS system, which was dependent on fraudulent and deceptive practices
14 that included, but were not limited to, making loans to consumers such as Plaintiffs in
15 created a system to unlawfully deprive Plaintiffs of their interest in their Residences when
16 the Defendants know that the obligations on the notes have been extinguished.
17 200. MERSCORP, Inc. and/or MERS, Inc. offered Members increased profit.
18 MERSCORP, Inc. has publicly stated:
19
a. “The MERS web site enables you to target directly your MERS® Ready
20
products and services to MERS members.”
21
b. “Commercial originators and issuers save hundreds to thousands of
22
dollars (in the case of cross-collateralized loans) in preparing and recording
23
assignments. Where the originator has not recorded a MERS as Original Mortgagee
24
(MOM) security instrument, the issuer saves the costs of assigning to the Trust by having
25
the originator assign to MERS.” (Emphasis added).

1 c. “It will reduce risk and generate more profits for lenders because the Notes
2 registered on it will be in electronic format. It shortens the timeframe between the

3 closing and the securitization of the loan, enabling the Note to move instantly,
4 creating faster funding.” (Emphasis added).
5
201. MERSCORP, Inc.’s rules and by-laws, to which MERS Members agree, require
6
the following:
7
8 BY COMPLETING, SIGNING, AND SUBMITTING THIS
9 APPLICATION, THE APPLICANT IS AGREEING TO BE A MERS
10 MEMBER. THE APPLICANT HEREBY AGREES TO PAY ALL

(775) 329-5800, FAX (775) 329-5819
11 FEES AND EXPENSES SET FORTH IN THE MERS

HAGER & HEARNE
RESIDENTIAL FEE SCHEDULE, WHICH MAY CHANGE FROM

Reno, NV 89501
12
13 TIME TO TIME; ABIDE BY ALL EXISTING MERS RULES AND
14 PROCEDURES, WHICH ARE INCORPORATED HEREIN BY
15 REFERENCE AND MAY BE AMENDED FROM TIME TO TIME;
16 AND COMPLY WITH THE TERMS AND CONDITIONS SET
17 FORTH IN THE ATTACHED ADDENDUM ENTITLED TERMS
18 AND CONDITIONS.
19 (Emphasis in original).
20
202. The MERSCORP, Inc. rules and by-laws, to which MERS Members agree,
21
cannot be carried out lawfully because they require the following:
22
23 1. MERS, which shall include MERSCORP, Inc. and Mortgage
24 Electronic Registration Systems, Inc., and the Member shall abide
25 by these Terms and Conditions, the Rules and Procedures (collectively,
the “Governing Documents”), copies of which will be supplied upon

1
request. The Governing Documents shall be a part of the terms and
2
conditions of every transaction that the Member may make or have with
3
MERS or the MERS® System either directly or through a third party. The
4
Member shall be bound by any amendment to any of the Governing
5
Documents. 2. The Member, at its own expense, shall promptly,
6
or as soon as practicable, cause MERS to appear in the
7
appropriate public records as the mortgagee of record with
8
respect to each mortgage loan that the Member registers on the
9
MERS® System. MERS shall serve as mortgagee of record with
10
respect to all such mortgage loans solely as a nominee, in an
(775) 329-5800, FAX (775) 329-5819
11
administrative capacity, for the beneficial owner or owners thereof from

HAGER & HEARNE
Reno, NV 89501
12
time to time. MERS shall have no rights whatsoever to any
13
payments made on account of such mortgage loans, to any servicing rights
14
related to such mortgage loans, or to any mortgaged properties securing
15
such mortgage loans. MERS agrees not to assert any rights (other
16
than rights specified in the Governing Documents) with respect to such
17
mortgage loans or mortgaged properties. References herein to
18
“mortgage(s)” and “mortgagee of record” shall include deed(s) of trust
19
and beneficiary under a deed of trust and any other form of security
20
instrument under applicable state law. *** 6. MERS and the Member
21
agree that: (i) the MERS® System is not a vehicle for creating or
22
transferring beneficial interests in mortgage loans, (ii) transfers
23
of servicing interests reflected on the MERS® System are subject to the
24
consent of the beneficial owner of the mortgage loans, and (iii)
25
membership in MERS or use of the MERS® System shall not modify or

1
supersede any agreement between or among the Members having
2
interests in mortgage loans registered on the MERS® System.”
3
(Emphasis added).
4
5 203. The times, dates, and locations of the various meetings and
6 communications among and between the conspirators are solely within the knowledge of
7 the conspirators and have not been made public by MERS or its co-conspirators.
8 204. In addition to the allegations made related to the shareholder, director,
9
and creator conspirators, the MERS system conspiracy consisted of:
10
(775) 329-5800, FAX (775) 329-5819
a. The Lender conspirators who agreed to procure loans by means of violation

11
of state and Federal lending laws, as further described in the previous claims
HAGER & HEARNE
Reno, NV 89501
12
for relief.
13
b. The Lender, Securitizer and Servicer conspirators who agreed to use the
14
MERS system unlawfully and in violation of state and Federal laws to deceive
15
homeowners and securities purchasers by misleading them to believe that the
16
17 conspirators had legal authority to foreclose when in fact, the conspirators do not
18 have legal authority to foreclose on loans which were made part of the MERS
19 system, as further described in the previous claims for relief.
20 c. The Securitizer conspirators who were aware of these violations of law
21 during procurement and agreed to purchase the loans knowing that the law had
22 been violated.
23
d. The Securitizer conspirators who, upon information and belief, packaged
24
and sold loans knowing that such loans were based on deeds of trust that had been
25
split from the notes, and based on loans that had been sold as part of the

1 securitization process before the loans were finalized with the borrowers.
2 Thereafter, the purported interest in the obligation, the note as evidence of the
3 obligation, and the security interest for the obligation were transferred multiple
4 times without recording the change in ownership of an interest in real property in
5
the appropriate county records. This was accomplished by the creation of the
6
private parallel record keeping service known as the MERS system, whereby
7
MERS, Inc. is named in the deed of trust which is supposed to be the security for
8
the underlying loan obligation. MERS is named as the nominee of the lender, but
9
not as the holder of the note or the actual lender. Rather, MERS is named as
10
(775) 329-5800, FAX (775) 329-5819
beneficiary for the purpose of deceiving the borrower and the clerk’s office where
11
HAGER & HEARNE
the deed of trust is recorded.

Reno, NV 89501
12
13 e. A securitization process that was based on loans that were made based on
14 residential loan underwriting guidelines that were designed to generate as many
15 loans as possible to fuel the securitization process to feed the demand for
16 mortgage-backed securities, the faulty and toxic nature of which loans was hidden
17 by the MERS system. As a result of MERS being named the beneficiary, and
18 through the processes described herein, the note and deed of trust are "split."
19
When the note is split from the deed of trust, then the note becomes unsecured and
20
a person holding only the note lacks the power to foreclose and a person holding
21
only a deed of trust suffers no default because only the holder of the note is entitled
22
to payment on it. The monetary effect of utilizing the MERS system, in addition to
23
the allegations set forth otherwise herein, was to hide profits and fees that were not
24
disclosed to the borrower or to the investor in the note, which, in some cases, upon
25
information and belief, were in excess of the principal value stated on the note.

1 f. The Securitizer conspirators who violated state and Federal securities laws
2 through their descriptions of the financial derivatives created by the conspiracy.

3 g. The Lender conspirators who agreed to supply loans to the Securitizers
4 despite knowledge that the Securitizers would sell them in violation of the law.
5
h. The Servicer conspirators who agreed to unlawfully foreclose on loans
6
despite the separation of the loan from the deed of trust which made the
7
foreclosure unlawful because the debt was no longer secured.
8
205. All of the conspirators agreed to the participation of the other conspirators
9
in their individual roles in the conspiracy. The loan files of each of the loans disclose the
10
(775) 329-5800, FAX (775) 329-5819
legal violations and document that the Lenders agreed to purchase loans from third party
11
HAGER & HEARNE
originators and to sell them to the Securitizers. The Securitizers agreed to purchase the
Reno, NV 89501
12
13 loans and pool them with full knowledge of the contents of the loan files. The Servicers
14 agreed to foreclose with full knowledge of the loan file for each loan.
15 206. All of the conspirators continued to agree to the conspiracy over the course
16 of thousands of transactions.
17 207. Defendants Fannie Mae, Freddie Mac, J.P. Morgan Chase Bank, N.A.,
18 GMAC Mortgage, L.L.C., and National City Mortgage acted as Creators of the conspiracy.
19
They created MERS to hide their own unlawful activity as well as the activities of the co-
20
conspirators.
21
208. Defendants Countrywide Home Loans, Inc., First Franklin, and Bank of
22
America, N.A. acted as Lenders in the conspiracy.
23
209. Defendants J.P. Morgan Chase, Merrill Lynch, Wells Fargo Bank, N.A.,
24
Bank of America, HSBC Mortgage Corporation, U.S.A., GMAC Mortgage, L.L.C., PNC
25
Financial Services Group, Inc., National City Corporation, National City Mortgage, First

1 Franklin, a division of National City Bank, National City Bank, Countrywide Home Loans,
2 Inc., CitiMortgage and GE Money Bank acted as Securitizers in the conspiracy.

3 210. Defendants Countrywide Home Loans, Inc., Bank of America, Wells Fargo
4 Bank, N.A., GMAC Mortgage, L.L.C., CitiMortgage, Inc., National City Mortgage, and
5
HSBC Mortgage Corporation, U.S.A., J.P. Morgan Chase acted as Servicers in the
6
conspiracy.
7
211. For the purpose of forming and effectuating this conspiracy, Defendants
8
and co-conspirators did the following things, among others:
9
a. The Defendants acting as Lenders described above systematically and
10
(775) 329-5800, FAX (775) 329-5819
repeatedly violated Federal and state lending laws in order to originate mortgages, as
11
HAGER & HEARNE
described in the previous claims for relief;

Reno, NV 89501
12
13 b. The Defendants acting as Securitizers knowingly and by agreement
14 purchased the unlawfully obtained mortgages from the Lenders;
15 c. The Defendants acting as Lenders, Securitizers and Servicers utilized and
16 benefited from the MERS system as a means of preventing detection by law enforcement
17 or by the public and as a means of unlawful foreclosure to the detriment of homeowners;

18 d. The Defendants acting as Lenders and Securitizers, with knowledge and
19
agreement of the co-conspirators, utilized the MERS system in such a manner as to split
20
the promissory note from the mortgage or deed of trust and thereby destroy the note
21
holders’ security, nevertheless proceeding with unlawful foreclosure actions to the
22
detriment of homeowners;
23
e. All Defendants named herein as co-conspirators profited from their
24
respective roles in originating loans, selling them, and pooling their MERS registered
25

1 home loans together in large bundles which were sold and turned into financial derivative
2 instruments;
3 f. The mortgage securitization process became known in financial industry
4 parlance as “slicing and dicing.” The slicing and dicing results in a pool of mortgages
5
which have lost their individual characteristics but which have a high value to those who
6
create them;
7
g. The Defendants acting as Securitizers named herein purchased mortgages
8
from the Defendants acting as Lenders named herein for securitization;
9
h. The Defendants named as Securitizers herein sold the securitized and
10
(775) 329-5800, FAX (775) 329-5819
pooled mortgages as asset backed financial derivatives with affirmative claims that
11
HAGER & HEARNE
Defendants were unaware of any legal issues which would affect the value of the assets
Reno, NV 89501
12
13 backing the securities, which was untrue, as Defendants actually knew or should have
14 known that the mortgages were unlawfully obtained and subject to rescission, and knew
15 or should have known that the mortgages and promissory notes had been split and
16 therefore the note holder no longer had the right to foreclose, assuming that it ever did;
17 i. The Defendants described herein as Servicers unlawfully foreclosed on

18 homeowners’ properties. The Servicers misrepresented that they had the legal right to
19
foreclose, when, in fact, they did not. The Servicers’ foreclosures wrongfully deprived
20
homeowners of property;
21
j. All Defendants named as MERS members agreed to promote MERS, an
22
ostensibly lawful business, and to utilize MERS in an unlawful manner to deprive
23
Plaintiffs and those similarly situated of property.
24
212. The securitization process took distinct loans, deeds of trust, and mortgages,
25
and pooled them together in such a manner that they lost their unique identity. Hundreds

1 of such financial derivative instruments were created by the co-conspirator Defendants.
2 The co-conspirators all profited from their respective roles in the process, including, but
3 not limited to, the following pooling agreements:
4 a. Defendant and co-conspirator Wells Fargo Bank, N.A. is the master servicer
5
of the HSI Asset Loan Obligation Trust 2007-2. Approximately 18% of the mortgages in
6
that loan pool were originated by Defendant Countrywide Home Loans, Inc.
7
Approximately 26% of the mortgages in that pool originated from HSBC Mortgage
8
Corporation (USA). HSBC Mortgage Corporation (USA) profited from packaging its
9
loans together with those of Defendant and co-conspirator Countrywide Home Loans, Inc.
10
(775) 329-5800, FAX (775) 329-5819
b. The HSI Asset Loan Obligation Trust 2006-2, was sponsored and sold by
11
HAGER & HEARNE
HSBC Bank. Countrywide Home Loans, Inc. originated 13% of the loans in this
Reno, NV 89501
12
13 instrument. HSBC Mortgage Corporation (USA) originated 15% of the loans in this
14 instrument. HSBC Mortgage Corporation (USA) is one of the servicers of this financial
15 derivative instrument.
16 c. The Banc of America Funding 2007-4 Trust was sponsored by Defendant
17 and co-conspirator Bank of America, N.A. The Master Servicer of this financial derivative
18 instrument is Defendant and co-conspirator Wells Fargo Bank, N.A. GMAC Mortgage,
19
L.L.C. is also among the servicers. The originators of the loans pooled in this instrument
20
include Defendants and co-conspirators GMAC Mortgage, L.L.C., Countrywide Home
21
Loans, Inc., Wells Fargo Bank, N.A., Bank of America, N.A., National City Mortgage Co.
22
d. The Banc of America Funding 2007-7 Trust was sponsored by Defendant
23
and co-conspirator Bank of America, N.A. The Master Servicer of this financial derivative
24
instrument is Defendant and co-conspirator Wells Fargo Bank, N.A. GMAC Mortgage,
25
L.L.C. is also among the servicers. The originators of the loans pooled in this instrument

1 include Defendants and co-conspirators GMAC Mortgage, L.L.C., Countrywide Home
2 Loans, Inc., Wells Fargo Bank, N.A., Bank of America, N.A., National City Mortgage Co.
3 The Banc of America Funding 2007-7 Trust hired Defendants and co-conspirators Bank of
4 America, N.A., CitiMortgage, Inc., GMAC Mortgage, LLC, and National City Mortgage Co.
5
as servicers.
6
e. Defendant Merrill Lynch & Company, Inc., profited by selling its customers
7
the Merrill Lynch Mortgage Investors Trust Series MLCC 2006-3. Merrill Lynch Credit
8
Corporation and Wells Fargo Bank, N.A. originated the mortgage loans in that derivative
9
instrument. Wells Fargo Bank, N.A. is one of the servicers.
10
(775) 329-5800, FAX (775) 329-5819
f. National City Mortgage Corporation is an originator and servicer of loans in

11
HAGER & HEARNE
the GSAA Home Equity Trust Series 2007-8. Wells Fargo Bank, N.A. is also a servicer. In
Reno, NV 89501
12
13 the prospectus, National City Mortgage is described as a division of National City Bank.
14 g. In the Merrill Lynch Mortgage Investors Trust, Series 2007-SD1, Defendant
15 and Co-conspirator First Franklin sold significant amounts of loans. Defendant and co-
16 conspirator LaSalle Bank, N.A., was hired as the trustee.
17 h. In the First Franklin Mortgage Loan Trust 2006-FF11, Defendant “First

18 Franklin, a division of National City Bank (formerly, National City Bank of Indiana),”
19
originated almost all of the loans and sold them to be pooled. Defendant Wells Fargo
20
Bank, N.A. was hired as the master servicer.
21
i. In the Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-
22
Through Certificates, Series 2007-6, Defendant GE Money Bank was one of the major
23
underwriters of the loans which were pooled. Defendant and Co-conspirator U.S. Bank,
24
N.A. was also an originator of loans in the pool. U.S. Bank, N.A. is also a servicer. LaSalle
25

1 Bank National Association, U.S. Bank National Association and Wells Fargo Bank, N.A.
2 were hired as custodians of the trust.

3 j. Defendant and co-conspirator Wells Fargo Bank, N.A. is the master servicer
4 of the HSI Asset Loan Obligation Trust 2007-2. 18% of the mortgages in that loan pool
5
were originated by Defendant Countrywide Home Loans, Inc. 26% of the mortgages in
6
that pool originated from HSBC Mortgage Corporation (USA). HSBC Mortgage
7
Corporation (USA) profited from packaging its loans together with those of Defendant
8
and co-conspirator Countrywide Home Loans, Inc.
9
k. In the J.P. Morgan Alternative Loan Trust 2007-A2, J.P. Morgan Chase
10
(775) 329-5800, FAX (775) 329-5819
Bank was an originator of loans which were pooled. JPMorgan Chase Bank, National
11
HAGER & HEARNE
Association is one of the servicers of the mortgage pool. Wells Fargo Bank, N.A. is the
Reno, NV 89501
12
13 master servicer. U.S. Bank National Association is the trustee. Countrywide Home
14 Loans, Inc. sold loans to the trust. JPMorgan Chase Bank is one of the servicers.
15 213. Upon information and belief, Plaintiffs’ loans were securitized, “sliced and
16 diced” and pooled into mortgage pools such as the ones described herein as part of the
17 conspiracy related to the creation and operation of the MERS system, and Defendants,
18 and each of them, profited from same and are liable for their acts and the acts of their co-
19
conspirators in creating the MERS system, including, but not limited to, the use of MERS-
20
approved and created documents to establish the loans (including, but not limited to, the
21
form of deed of trust), and in participating in the securitization process described herein.
22
214. Upon information and belief, Defendant conspirators utilized funds received
23
as part of the Troubled Asset Relief Program (TARP) and (TALF) and Federal Reserve
24
payouts to further the conspiracy to defraud Plaintiffs, and others similarly situated, to
25
deprive them of their money, to deprive them of their property, to unlawfully foreclose on

1 loans made to putative class members, to pay investors in the mortgage-backed securities
2 which were comprised of the loans made to Plaintiffs and others similarly situated, to pay
3 credit default swaps and to pay bonuses to employees and officers of the Defendant
4 conspirators based on their devising the subprime mortgage-backed products which were
5
securitized by loans of the type issued to Plaintiffs and others similarly situated, and
6
collateralizing and selling such products in the United States and abroad.
7
215. As a result of Defendant conspirators’ conspiracy described herein, Plaintiffs
8
have suffered injuries which include mental anguish, emotional distress, embarrassment,
9
humiliation, loss of reputation and a decreased credit rating which has, or will, impair
10
(775) 329-5800, FAX (775) 329-5819
Plaintiffs’ ability to obtain credit at a more favorable rate than before the decrease in
11
HAGER & HEARNE
credit rating, the loss or anticipated loss of their Residences and other financial losses
Reno, NV 89501
12
13 according to proof, and Plaintiffs have incurred attorneys’ fees and costs in this matter.
14 216. Defendant conspirators’ actions were wanton, willful and reckless, and justify
15 an award of punitive damages against Defendant conspirators, and each of them.
16 FIFTH CLAIM FOR RELIEF

(Injunctive Relief)
17
18
19
20 218. The homes of Plaintiffs (bank REOs) have been sold and are being held by the
21 banks and their co-conspirators unlawfully.
22 219. Plaintiffs have been issued a Notice of Default or have been scheduled for a
23 Trustee’s Sale or are subject to notices of default pursuant to the Defendants’
24 interpretation of their alleged rights to foreclose of the terms of their notes which
25 manifests the impending loss of all Plaintiffs’ homes.

1 220. Each and every Plaintiff has no adequate remedy at law to stop these
2 unlawful foreclosures and evictions without this Court’s intervention.

3 221. Plaintiffs will suffer irreparable harm from the loss of their homes and
4 Defendants will suffer nothing because no payments are owed to them on account of the
5
notes and mortgages and any foreclosure pursued by them will be and is and has been
6
unlawful.
7
SIXTH CLAIM FOR RELIEF
8
(Declaratory Relief)
9
10
(775) 329-5800, FAX (775) 329-5819

11
HAGER & HEARNE
223. Defendants have either proceeded with foreclosures against Plaintiffs or

Reno, NV 89501
12
13 threatened foreclosures against Plaintiffs for which Defendants are not owed any
14 payments, have no lawful right to foreclose and have unlawfully deprived or attempted to
15 deprive Plaintiffs of their homes and further have failed to notify the Plaintiffs of the
16 discharge of their obligations on the notes associated with their mortgages.
17 224. Plaintiffs seek a declaratory judgment against Defendants stating that

18 Defendants have violated Plaintiffs’ rights and none of the Defendants are the proper
19
parties to foreclose upon the Plaintiffs’ properties or persons’ similarly situated who have
20
MERS named as the beneficiary on their deeds of trust.
21
225. Plaintiffs have been required to retain counsel in this matter to protect
22
Plaintiffs’ rights and have incurred attorneys’ fees and costs in this matter.
23
//
24
//
25
//

1 CLASS ACTION ALLEGATIONS AND
2
REQUEST FOR CLASS CERTIFICATION
3
4 226. Plaintiffs incorporate each and every paragraph of this Complaint as if fully
5 set forth in this claim.
6
Class Definition
7
227. Plaintiffs, pursuant to Fed. R. Civ. P. 23(a), (b)(2-3), bring this action for
8
themselves and on behalf of a class of persons similarly situated under the provisions of
9
Federal and State law regarding plaintiff class actions.
10
(775) 329-5800, FAX (775) 329-5819
228. The class is composed of the named Plaintiffs and all others who are victims
11
of the Defendants herein who originated, funded, serviced, securitized, sold, transferred,
HAGER & HEARNE
Reno, NV 89501
12
insured, or guaranteed residential real estate loans in the United States from 2004 to
13 2008, and/or whose loans were serviced, securitized, sold, insured or guaranteed by
14 Defendants and who have not been informed by the Defendants that a discharge of the
15 note occurred, between October 2004 and present, and this class of persons was damaged
16 or is faced with risk of damage by the origination, servicing, sale, transfer, foreclosure,
17 sale, and/or acquisition of these loans. Excluded from the class are the Defendants,
18 including any parent, subsidiary, affiliate or controlled person of the Defendants and their
19 officers, directors, agents or employees, any judge or judicial officer assigned to this
20 matter, and members of the immediate families of any excluded persons.

Numerosity
21
229. Upon information and belief, Plaintiffs estimate that the class comprises
22 not less than 125 individual members and the class is so numerous that joinder of all
23 members is impracticable. The members of the class can be identified and located using
24 information contained in the Defendants’ mortgage lending records.
25 Common Questions of Law and/or Fact

1
230. There are common questions of law and/or fact common to the class,
2 including whether the Defendants are the proper parties to foreclose on the residential
3 properties of these Plaintiffs as alleged herein, whether any such violations constituted a
4 conspiracy to commit fraud or wrongful foreclosure and/or whether Defendant’s conduct
5 resulted in unjust enrichment to them and to the detriment of the members of the class.
6 Also common to the class is the issue of whether the named Defendants acted as
7 conspirators in committing fraud in creating, operating and using the MERS system as
8 alleged in the Conspiracy to Commit Fraud in the creation, operation and use of the
9 MERS System Claim for Relief set forth above and whether the Defendants failed to give
10 notice of the discharge of the obligations under the notes to the borrowers who are
(775) 329-5800, FAX (775) 329-5819
members of this class, so that these borrowers knew that no further obligations existed.
11
HAGER & HEARNE
Typicality
Reno, NV 89501
12
231. Plaintiffs’ claims are typical of those of the members of the class. Plaintiffs
13
and the class members were subjected to the same kind of unlawful conduct and the
14
claims of Plaintiffs and the class members are based on the same legal theories.
15
Fair and Adequate Representation of Class
16
232. Plaintiffs will fairly and adequately protect the interests of the class Plaintiffs
17
represent. Plaintiffs’ interests do not conflict with the interests of the class, and Plaintiffs
18
intend on prosecuting this action vigorously.
19 233. Plaintiffs have retained experienced counsel qualified in class litigation and
20 counsel and is competent to assert the interests of the class.
21 Rule 23(b) Requirements
22 234. The unlawful acts of Defendants, as alleged herein, constitute a course of
23 conduct common to Plaintiffs and each class member. Prosecution of separate actions by
24 individual class members would create a risk of inconsistent or varying adjudications
25 which would establish incompatible standards of conduct for Defendants and/or

1
substantially impair or impede the ability of the individual class members to protect their
2 interests.
3 235. Injunctive and/or declaratory relief to the class is appropriate because, upon
4 information and belief, Defendants, and each of them, have acted or refused to act on
5 grounds generally applicable to the class.
6 236. Questions of law and/or fact common to the class members, including the
7 issues identified above, predominate over questions affecting only individual class
8 members, and a class action is superior to other available methods for fair and efficient
9 adjudication of the controversy. Class action treatment will allow a large number of
10 similarly situated individuals to simultaneously pursue their common claims in a single

(775) 329-5800, FAX (775) 329-5819
forum in an efficient manner, without unnecessary duplication of effort and expense that
11
HAGER & HEARNE
would be required if numerous individual actions were pursued.

Reno, NV 89501
12
WHEREFORE, Plaintiffs pray this court enter an order providing relief as follows:
13
1. For an award of damages against Defendants, and each of them, on the
14
Plaintiffs’ state law claims, whether general, special or punitive as alleged above, in an
15
amount to be shown at trial;
16
2. For an award of attorneys’ fees and costs as provided by law;
17
3. For an order of restitution on behalf of Plaintiff and class members;
18
4. For a temporary restraining order and preliminary and permanent
19 injunction on behalf of those Plaintiffs that have sought a separate motion for temporary
20 restraining order, and MERS, in addition to each and every of their respective officers,
21 agents, employees, servants, and attorneys, and those persons in active concert or
22 participation with any of them or each of them, as specifically alleged above from
23 transferring any interest in the subject properties, from proceeding with any foreclosure
24 action as to any of the Plaintiffs’ residences and/or proceeding with any collection action
25 against the Plaintiffs, and from transferring any interest and/or proceeding with
foreclosure actions against the residences of similarly situated class members;

1
5. For a declaratory judgment holding that Plaintiffs’ rights were violated as
2 alleged above;
3 6. That Plaintiffs have and recover from the Defendants pre-judgment interest as
4 may be determined by statute and rule;
5 7. That this action be certified as a Plaintiffs’ class action;
6 8. Pursuant to Federal Rules of Civil Procedure, Rule 38, Plaintiffs demand a trial
7 by jury on all issues of fact in this action; and
8 9. That this Court grant such other and further relief as it deems just and proper.
9 DATED: September 14, 2009 HAGER & HEARNE
10
(775) 329-5800, FAX (775) 329-5819
11 /s/ Robert R. Hager, Esq.

Robert R. Hager, Esq.

HAGER & HEARNE
SBN: 1482
Reno, NV 89501
12
Treva J. Hearne, Esq.
13 SBN: 4450
245 E. Liberty St., Ste. 110
Reno, NV 89501
14 Tele: (775) 329-5800
Attorneys for Plaintiffs
15
16
17
DEMAND FOR JURY TRIAL
18
19 Pursuant to Fed. R. Civ. P. 38(b), Plaintiffs hereby demand a trial
by jury to the fullest extent permitted by law.
20
DATED: September 14, 2009 HAGER & HEARNE
21
22
/s/ Robert R. Hager, Esq.
23 Robert R. Hager
Treva J. Hearne
24 Attorneys for Plaintiffs
25

Efiled - Complaint #1&amp;2&amp;3

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

1 Robert R. Hager, NV State Bar No. 1482

ANDERSON), NELLIE AGUILAR and Case No.:

EMILY ANDREWS, JOSE AURELIO CLASS ACTION COMPLAINT

1 McKAY, MICHAEL MCKEON, WILFREDO

THOMPSON (aka GABRIELLE C.

LENORA M. VAETH and JOSEPH T.

1 J.P. MORGAN CHASE dba CHASE BANK,

MORTGAGE CORPORATION, U.S.A., a

LANDMARK ONESTOP, INC., aka LAND

AMERICA DEFAULT SERVICES,

12 MIDLAND MORTGAGE CO.,

Complaint/DALTON etal v. Citi etal-3

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

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

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

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

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

1 PAMELA RUTHERFORD) and PHIL RUTHERFORD, NORMA PIZZUTO and DARREN

14 STATEMENT OF THE CASE

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

Complaint/DALTON etal v. Citi etal-5

Complaint/DALTON etal v. Citi etal-6

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

16 are or were doing business in Nevada.

17 Parties and Standing

820 Cartwright Road, Reno, Nevada.

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

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

15 SUNNY LANE, FERNLEY, NEVADA.

16 At all times relevant and material hereto, Plaintiff Anderson maintained

17 other properties as follows:

Complaint/DALTON etal v. Citi etal-8

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

835 Stanton Lane, Fernley, Nevada.

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

Complaint/DALTON etal v. Citi etal-9

1 INGRESS AND EGRESS OVER PRIVATE STREETS AND COMMON AREAS AS

TRACT MAP NO. 3899. OFFICIAL RECORDS.

Complaint/DALTON etal v. Citi etal-10

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

Complaint/DALTON etal v. Citi etal-11

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

Complaint/DALTON etal v. Citi etal-12

EXCEPTING AND RESERVING, a non-exclusive easement appurtenant to the

boundary between said adjoining unit.

21 MOUNTAIN STREET, RENO, Nevada.

Complaint/DALTON etal v. Citi etal-13

1 LOT 45 AS SHOWN ON THE MAP OF “GRAND SUMMIT SUBDIVISION” TRACT

RECORDER WAHSOE COUNTY, STATE OF NEVADA ON OCTOBER 7, 1994, AS

FILE NO. 1839681 AND TRACT MAP NO. 3087.

14 710 Blue Skies Drive, Sparks, Nevada.

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

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

Complaint/DALTON etal v. Citi etal-14

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

11 700 West Plumb Lane, Reno, Nevada.

17 LOT 27 OF HARBOUR COVE SUBDIVISION, ACCORDING TO THE MAP

Complaint/DALTON etal v. Citi etal-15

1 COUNTY, STATE OF NEVADA, ON JUNE 8, 2001, AS DOCUMENT NO. 2562095

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

17 1142 HARBOUR COVE COURT, SPARKS, NEVADA.

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

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

Efiled - Complaint #1&2&3

Efiled - Complaint #1&2&3