List of Violations present in an average Ohio foreclosure; Some are Federal but most are State of Ohio but each state will have comparable laws. Any good Attorney should be able to find enough money with these to make the case comensorate on winning. COUNT ONE Violations of the Fair Debt Collections Practices Act, 15 U,S,C. § 1692e FDCPA Federal Fair Debt Collection Practices Act 54. This is an action on behalf of named Defendant ____________________. Defendant does allege that ____________________ and its Counsel violated the Federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692e, by making false, deceptive, or misleading representations in connection with the collection of debts, and engaged in a pattern of corrupt activity in violation of the Ohio Corrupt Activities statute, Ohio Rev. Code § 2923.32 [hereinafter cited as “R.C.”]. 55. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 56. Federal Law prohibits the use of “any false, deceptive, or misleading, representation or means in connection with the collection of any debt…” including the “false representation of … the character, amount, or legal status of any debt…” and the “ threat to take any action that cannot legally be taken… “ 15 U.S.C. 1692e. 57. Foreclosing on Defendant’s home, the Plaintiff: A made false, deceptive and misleading representations concerning ____________________’s standing to sue the Defendant and its interest in the debt; B. falsely represented the status of the alleged debt, in particular, that it was due and owing to Plaintiff ____________________ at the time of suit initiation; C. falsely represented or implied that the alleged debt was owing to Plaintiff ________________ as an innocent purchaser of value, when in fact, such an assignment had not been accomplished; D. threatened to and did take action, namely engaging in collection activities and collection and foreclosure suits as trustee that cannot legally be taken by them; and E. used this action to obtain access to Ohio state and Federal courts to collect on notes and foreclose on mortgages under false pretenses, namely that ____________________ was duly authorized to engage in such activities in Ohio when in fact it was not. F. The Plaintiff has sought collection fees or interest charges not permitted by the Mortgage and Note or State law ($107,000 supersedeas bond based on $98,000 (approx.) debt). G. Plaintiff Publicly, through printed documents, defamed and libeled Defendant’s good nature and Character. 58. Upon information and belief, Plaintiff ____________________ did not obtain and/or file an assignment of the alleged note or mortgage of the named Defendant until after the note was in default, for no consideration and also until after it had filed suit in its own name as the holder and/or owner of the note and mortgage; and that same alleged assignment came not from the true and actual holder in due course of ownership of the alleged Mortgage and Note, thereby making same assignment nothing more than a fraudulent and worthless misrepresentation of authority and ownership. 59. These violations of the FDCPA entitle Defendant to recover the actual damages they have sustained as a result of the improper filing of foreclosure suits, or alternative damages as are permitted by law, and costs and reasonable attorney fees. COUNT TWO Violations of the Ohio Rico Act Ohio RICO, R.C. § 2923.32 60. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 61. Defendant ____________________ alleges that: A. ____________________ NA., acting as trustee for holders of mortgages and mortgage-backed securities, has filed thousands of foreclosure actions under false pretenses, without standing and without complying with Ohio law. B. Defendant alleges an improper taking of their real property through the Plaintiff’ use of intentional nondisclosure, material misrepresentation, and the creation of fraudulent loan documents in violation of the RICO Statute, and continuing injury and damages including the auction of their home and future overpayment of fraudulent charges. C. These activities are a pattern of corrupt and illegal activity and in violation of Ohio RICO law. 62. ____________________ N.A., has received millions, maybe Billions of dollars in distributions from the sale of foreclosed properties without possessing properly perfected and recorded assignments/transference’s of the mortgages. ____________________ N.A. s pattern and practice of seeking and obtaining foreclosure judgments in state and federal courts without a duly perfected and recorded assignment, without a true and accurate evidence of a chain of assignment/transference of these alleged notes and mortgages, and without the right to engage in the trust business in Ohio constitutes a false, deceptive and/or misleading representation or means in connection with the collection of a debt; a violation of the Federal Fair Debt Collection Practices Act as is referenced within the above two quotes, 15 USC Sec 1692e. 51. In addition, this suit alleges ____________________ NA has failed to comply with Ohio requirements for a trust company or national bank to do business in Ohio. That the two named Ohio foreclosure law firms have also violated the FDCPA and RICO by acting on behalf of ____________________ NA in the foreclosure process. 63. Defendant ____________________ is seeking unspecified actual and statutory damages, including treble damages under Ohio RICO law, as well as attorneys fees and costs. Defendant ____________________ also seeks the appointment of a receiver to recover from ____________________ NA all charges it has collected from Defendant ____________________ and any interests in real property it acquired illegally, and to collect fees that ____________________ NA.’s law firms obtained from illegal foreclosures. 64. The suit also names two Ohio foreclosure law firms as defendants: ____________ ______________ St., ________, Ohio 4____ & _____________________, P.O. Box _____, __________, __state__ _zip____. 65. The action stems from foreclosure of Defendant ____________________’s property located at 7940 Guilford Dr., Dayton, Ohio 45414 whose alleged mortgage had been allegedly sold, securitized, divided and then pooled without Defendants permission. 66. Ohio RICO states that “No person, through a corrupt pattern of corrupt activity … shall acquire or maintain, directly or indirectly, any interest in, or control of, any … real property.” R.C § 2923.32(A)(2). 67. “Corrupt Activity” includes engaging in a violation of section 2921.03 of the Revised Code. 68. Section 2921.03 of the revised Code states that “No person, knowingly and … by filing, recording, or otherwise using a a materially false or fraudulent writing … in a wanton or reckless manner, shall attempt to influence … a public servant … in the discharge of the person’s duty.” 69. Defendant states the Plaintiff has violated Section 2921.03 by knowingly filing complaints which do allege ____________________’s ownership of promissory notes and mortgages when in fact it does not own the alleged notes or mortgages, and by knowingly filing multiple complaints (see Exhibits “*”, “*”) as trustee in reckless disregard of the fact that Plaintiff ____________________ was not authorized to engage in such activities both as trustee in Ohio and for lack of standing. These filings were made in a wanton and reckless manner in an attempt to influence state and federal judges and judicial officers in Ohio to enter judgments against Defendant(s) on the alleged mortgage and Note, including for principal, interest, late fee’s, penalties, costs and attorney fees, and to foreclose on Defendant’s property in a wanton attempt at unjust enrichment. 71. The Plaintiff’s conduct constitutes a pattern of corrupt activity, because they have maintained more than two lawsuits under the fraudulent and misleading circumstances described in the foregoing paragraphs. On information and belief, the defendants have filed thousands of foreclosure complaints in violation of R.C. §2923.32 see Exhibits “**”, “**”, “**”. 72. Through the filing of foreclosure actions under false pretense and in violation of U.S. Law, U.C.C., SEC and Ohio Law, and/or any other applicable and\or Local Laws, Plaintiff ____________________, with the active assistance and participation of the plaintiff law firms herein named, has acquired an interest in real property, including obtaining a foreclosure action against Defendant’s property. 73. As a result of Plaintiff and Plaintiff’s Counsel’s conduct, the Defendant has been injured in many various ways, including loss of time to conduct Defendant’s Profession of choice due to Defendant’s lack of ability to obtain knowledgeable and available Legal Counsel and Defendant’s forced placement into Defending himself pro se, through penalties and court costs and attorney fees charged against their account(s) on lawsuit(s) filed under false and misleading circumstances, and from other incidental and consequential costs and expenses attendant to the defending of their property. 74. Section 2923.34 of the Revised Code entitles Defendant ____________________ who has established the elements of Ohio RICO violation to an order divesting ___________________ of its interest in Defendant’s real property and to actual damages Defendant has sustained, which may be tripled if proved by clear and convincing evidence, and to costs and reasonable attorney fees. 75. The Defendant further states, and does move the Court, pursuant to sec. 2929.34(B)(1) of the Ohio RICO Statute, to order ____________________ NA divestiture in any interest in Defendant’s real property and also moves the court, pursuant to sec. 2929.34(D) of the Statute, for an order of injunctive relief and a temporary injunction. 76. It is without dispute or issue that a claim under the Ohio RICO statute was not presented by Defendant ____________________ or litigated in the civil-court foreclosure action, because of Plaintiff’s misrepresentation of both true owner AND of true maker of mortgage and note, Defendant could have not brought such claim in civil court. Defendants have properly brought the claim as part of their Appellate action herein pursuant to the doctrine of Pendent or Supplemental jurisdiction, 28 USC sec. 1367(a). The Ohio RICO statute is a state law, which authorizes the specific relief requested by the Defendant. As such, Defendant’s claims which attack the foreclosure are not barred by the Rooker-Feldman doctrine. Smith v Encore Credit 4:08-cv-1462 USDC, N. Oh. W. Dist Judge McHargh COUNT THREE Violations of the Fair Credit Reporting Act (Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681n and 1681o) Civil liability for Willful and Negligent Noncompliance 77. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. § 1681n. Civil liability for willful noncompliance 78. (a) In general. Defendant states Plaintiff , through improper filings, pleadings and motions, filed fraudulently, in bad faith, and with the purpose of harassment, necessitated entirely by their own lack of Due Diligence and other stated actions, did in fact cause harm to Defendant by willfully committing negligent enablement of Identity fraud and as such did fail to comply with the requirements imposed under this title and is liable to Defendant in an amount equal to the sum of (1) any actual damages sustained by Defendant as a result of the failure or damages. (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney s fees as determined by the court. (c) Attorneys fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing arty attorney s fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. COUNT FOUR Violations of the Universal Commercial Code Violation of U.C.C – 3-203 79 Defendant states that as is required in U.C.C. - § 3-203 ( c) and evidenced by Plaintiff’s exhibits, throughout each and every proposed change of ownership of the alleged mortgage & note Plaintiff exhibits no evidence whatsoever of proper and final Indorsement of note from or to any other person or entity. Defendant states that throughout the entirety of the purported passage of this alleged mortgage and note from any one entity to another, there is not one signature properly indorsing any of the documents thereby voiding any and all purported transference of same to any and/or all of Plaintiff’s assign’s and even to Plaintiff themselves. Plaintiff’s act of delivering into the Court these fraudulent documents constitutes misrepresentation and fraud and in Defendants knowledge and belief Plaintiff has constituted this same fraud upon the Courts in thousands if not tens of thousands of cases and as such Plaintiff’s callous and repeated action does fall within the guidelines of the RICO (racketeering) act. 80. Plaintiff ____________________ N.A., brings fraud into the Court with its allegations of ownership of Proper Mortgage & Note through its disassembly and subsequent division of Note between the varying entities, _________________ Mortgage Corp., Mortgage Ramp Inc., the “Trust” and ____________________ in violation of U.C.C. - § 3-203 (d) “If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee.” Defendant states the very act of splitting the Original Note & Mortgage, so that the maker Bank, _________________, “insure’s to investers” by guaranteeing to replace the note in the event of a “Credit event” as described and required in section 2.03 of The Pooling & Servicing Agreement Exhibit “**” (plaintiff’s Exhibit **) “Section 2.03 Representations, Warranties and Covenants of the Responsible Party and the Servicer; Remedies for Breaches of Representations and Warranties with Respect to the Mortgage Loans. _________________________________, in its capacity as Servicer, hereby makes the representations and warranties set forth in Schedule II hereto to the Depositor and the Trustee, as of the Closing Date.” And as such did effectively act to void and destroy the original note and mortgage, as it was created between Defendant and Original Lender, and as such does render it, from that point forward, to become null and void and Defendant moves the court to find same. 81. The above does indeed show that, If Plaintiff’s representation of chain of ownership occurred as represented, the mortgage and note did have the risk removed and/or separated at the time of placement of the Note into “The Trust” by _____________ in the promise that said Risk would be retained by _________________, in their attempt at warranting or guaranteeing the Note. Such actions constitute a violation of agreement between the Defendant (as maker of the alleged note) and Plaintiff, and in fact, do void the alleged note in its entirety and also clearly demonstrate insurance fraud being practiced by a Corporation that is not licensed to practice insurance. 82. Additionally plaintiff makes allegations in its complaint that conflict with the documents attached thereto as to who owned the subject note and at which particular time. 83. When exhibits are inconsistent with the plaintiff ’s allegations of material fact as to whom the real party in interest is, such allegations cancel each other out. 84. Because the facts revealed by Plaintiff ’s exhibit are inconsistent with Plaintiff ’s allegations as to its ownership of the subject note and mortgage, those allegations are neutralized and Plaintiff ’s complaint is rendered objectionable. 85. The Plaintiff in this action meets none of the required criteria. Because the exhibit attached to Plaintiff ’s complaint is inconsistent with Plaintiff ’s allegations as to ownership of the subject alleged promissory note and mortgage, Plaintiff has failed to establish itself as the real party in interest and has failed to state a cause of action. 86. The Defendants recognize the precedent set in regarding the assignment of a mortgage. However as the Second District Court of Appeals has noted, standing requires that the party prosecuting the action have a sufficient stake in the outcome and that the party bringing the claim be recognized in the law as being a real party in interest entitled to bring the claim as of the date of the commencement of the action. The plaintiff ’s failure to meet the standing requirements as of the commencement of this foreclosure action renders the complaint fatally defective and, therefore constitutes misrepresentation as to who the Plaintiff really is. The assignment cannot post date the filing of this action if assignment does not relate back to the commencement of the litigation. 87. The Plaintiff, in its complaint alleges that it “owns the Note and Mortgage” however it has failed to produce the material evidence required to support its claim. In the absence of this evidence the Plaintiff is clearly and fraudulently misrepresenting themselves as the real party in interest and the holder in due course with legal standing to bring this cause of action against the defendant. 88. The Plaintiff alleges that it is the holder in due course on the subject alleged mortgage and note, yet it is the belief of the Defendant that the note was part of a larger securitizations process and sold to several un-named parties and beneficial owners, and any claims by Plaintiff, in the absence of true, just, legal and convincing evidence that proves Plaintiff is the true holder in due course of the Mortgage and Note AND holds the original alleged Mortgage and Note, endorsed to Plaintiff, are a clear misrepresentation of the material facts and are fraud brought into the Court. 89. It is the position of the Defendant that if the courts were to allow a Plaintiff to bring a cause of action in a scenario where the Plaintiff alleges that it owns a certain note and mortgage but fails to provide required evidence to the courts that this, in fact is true, the courts would be forced to open the door to incredible harm to any homeowner whose home is secured by a mortgage. 90. If the court were to allow the Plaintiff in this case to prevail in light of serious misrepresentation and fraud upon the court, it would result in a major and unconscionable injustice to the Defendant. The Court should not and cannot be in a position of enabling Plaintiff and its attorneys to commit material misrepresentation or felony crimes. COUNT FIVE Violations of Ohio Deceptive Trade Practices Act R.C. CHAPTER 4165: DECEPTIVE TRADE PRACTICES 91. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 92. Plaintiff ____________________ Na. and/or their assigns/co-conspirators have damaged Defendant while violating chapter 4165: Deceptive Trade Practices Act by; A. passing off the services of others as if they were of their own, B. causing a likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services; C. causing likelihood of confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; D. using deceptive representations or designations of geographic origin in connection with goods or services; E. representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have; F. representing that goods or services were of a particular standard, quality, or grade, or that goods were of a particular style or model, if they are of another; G. disparaging the goods, services, or business of another by false representation of fact H. advertising their goods or services with intent not to sell them as advertised I. making false statements of fact concerning the reasons for, existence of, or amounts of price reductions 93. Defendant states Plaintiff, through misrepresentation and deception in the creation of the alleged mortgage and in the subsequent improper filings, pleadings and motions, which are fraudulently filed in bad faith, and filed with the purpose of harassment, and necessitated entirely by their own lack of Due Diligence and other stated actions, has damaged Defendant by willfully violating chapter 4165.01 of the Deceptive trade practices Act, and as such, Defendant is entitled to an award of injunctive relief as is stated in R.C. 4165.03. Plaintiff did fail to comply with the requirements imposed under this title and is liable to Defendant to an award of attorney’s fees and pursuant to R.C. 4165.03 C, “The civil relief provided in this section is in addition to civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code.” COUNT SIX Violations of Ohio Consumer Sales Practices Act R.C. Chapter 1345, the Ohio Consumer Sales Practices Act (CSPA) Violations 94. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 95. Plaintiff ____________________ NA. did violate Defendant ____________________’s rights under the Ohio Sales Protection Act (CSPA) specifically; a. Through fraudulent and misrepresentative representation of their “Good,. Fair, Just & Legal Mortgage Loan offering” and then b. by coercing Defendant to become enjoined into the same above referenced alleged Mortgage and note of many misrepresentations, irregularities and illegalities, and c. by Plaintiff’s Agent’s initial representation of Subject alleged Mortgage & Note as being just a temporary step, with the promise of refinancing of same within the next 2 year period, after improvements and additions to subject property were completed , which Defendant has already done, and d. with the full knowledge that Defendant was deriving his only income from same and then in the failing of that refinancing action, which directly caused the commencement of this action, Plaintiff engaged itself in a classic action of Predatory Lending. 96. Plaintiff has forced Defendant to endure thousands of hours of research and defense document preparation time, thus depriving Defendant of his most valued possession, that of his time, which he then could have and would have converted to the pursuit of maintaining his daily normal and routine lifestyle. And also the degradation of Defendants emotional, mental, psychological and physical health through the enormous stress and emotional strain of fighting a predatory giant such as ________________________.. COUNT SEVEN Violation of O.R.C 1345.0 97. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 98. Plaintiff has caused injury to Defendant by committing an unconscionable act within the definition of ORC 1345.03 (A) by bringing this foreclosure suit against Defendant while lacking legal standing to do so. 99. Plaintiff has caused injury to Defendant by committing an unconscionable act within the definition of ORC 1345.03(B)(1), (2), (3), (4), (5), (6). Further, as in 2005-0331. Whitaker v. M.T. Automotive, Inc. 2006-Ohio-5481, which states; “a consumer who is harmed by a suppliers unfair or deceptive trade practices is entitled to recover not only actual economic losses, but also non-economic damages that result from the CSPA violations. In a 5-1 decision, the Court held further that actual damages proven by a consumer, whether economic or non-economic, are subject to trebling when the offending practice had previously been identified as deceptive or unconscionable by rule or in a court decision.” 100. Defendants state that treble damages are warranted in this case as this is one of thousands of publicly known instances of same and as such I attach exhibit “**” & “**” titled Previous Sanctions against ____________________ N.A. and exhibits, “**”, “**”, “**”, “**” titled Recent Rulings Against ____________________ N.A.. COUNT EIGHT Violation of U.S. Constitution Article III 101. Because Plaintiffs did not demonstrate, nor could they demonstrate, that their members suffered or were likely to suffer an injury in fact, they fail to meet U.S. Const. Article III standing requirements which read; a plaintiff must show: (1) it has suffered an injury in fact that is concrete and particularized and actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. (Lexis-Nexus Headnotes) Plaintiff ____________________, National Association As Trustee For ______________________________ Mortgage Pass-Through ______________________________, as its name (Mortgage Pass-Through) implies, is merely a conduit that suffers no loss or injury as required. A Conduit can never “suffer a loss” or “be injured” as it must immediately pass gains or losses to Investors who are (if there are to be any at all) the true injured party—not the Servicer, not the Trustee and not the Pass-Through Trust itself. (NOTE: lack of standing, fraud on the Court & unclean hands) . 102. Without standing, this Court lacks subject-matter jurisdiction. Lack of jurisdiction may not be waived and may be raised, by a party or sua sponte by the court, at any time. Without jurisdiction, the court must grant Defendants’ Motion . COUNT NINE Truth In Lending Act Violations TILA 103. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 104. Under the facts otherwise identified elsewhere within this action and at hand Defendant did correctly, reasonable and legally rely on the mortgage broker and the Plaintiff to act fairly with him. Defendant has been harmed and Plaintiff has patently violated not only the Truth in Lending Act, at all relevant times, but also the spirit of the Truth and Lending Act . The Plaintiff’s broker, closing agent and the Lender/Bank each, in their own parts, has misled, obfuscated, shirked from their proper Due Diligence and attempted to confuse Defendant in their practice and pattern and pursuit of their own unjust enrichment, to whit; i. The Plaintiff has caused injury to Defendant and did not provide appropriate disclosure as required by the Truth in Lending Act in a substantive and technical manner, Pursuant to regulations promulgated under Truth in Lending Act, violator of disclosure requirements is held to standard of strict liability, and therefore, borrower need not show that creditor in fact deceived biro by making substandard disclosures. Truth in Lending Act, Sections 102-186, as amended, 15 U.S.C. Section 1601-1667(e); Truth in Lending Regulations, Regulation Z, Section 226,8(b-d), 15 U.S.C. Section 1700 Soils v. Fidelity Consumer Discount Co., 58 B.R. 983, “Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes ‘fraud,’ and entitles party deceived to avoid contract or recover damages.” Barnsdall Refining Corn. v. Birnam wood Oil Co., 92 F 2d 8 “If any part of the consideration for a promise be illegal, or if there are several considerations for an unseverable promise one of which is illegal, the promise, whether written or oral, is wholly void, as it is impossible to say what part or which one of the considerations induced the promise.” Menominee River Co. v. Augustus Spies L & C Co., 147 Wis 559, 572; 132 NW 1122 ii. The Plaintiff did supply Defendant with blank application documentation for signature and return, later filing in the amounts, “It is not necessary for recession of a contract that the party making the misrepresentation should have known that it was false, but recovery is allowed even though misrepresentation is innocently made, because it would be unjust to allow one who made false representations, even innocently, to retain the fruits of a bargain induced by such representations.” Whipp v. Iverson, 43 Wis 2d 166. iii. The Plaintiff has caused injury to Defendant and did fraudulently, and with previous knowledge, alter and/or change the documentation to reflect Defendant had an ability to repay this alleged Note & Mortgage without future refinancing of same when in fact and to their knowledge he had none, Any violation of the Truth in Lending Act, regardless of technical nature, must result in finding of liability against lender. Truth in Lending Regulations, Regulation Z Section 226.1 et seq., 15 U.S.C. Section 1700; Truth in Lending Act Section 130 (a, e), IS U.S.C. Section 1640 (a, e). In Re Steinbrecher. 110 BR. 155, 116 A.L.R. Fed. 881. “The contract is void if it is only in part connected with the illegal transaction and the promise single or entire.” Guardian Agency v. Guardian Mutual. Savings Bank, 227 Wis 550, 279 NW 83. iv. The Plaintiff has caused injury to Defendant and did fraudulently misrepresent accurate amounts financed, percentage rates and finance charges on Truth In Lending Document. See Exhibit “**” Question of whether lenders Truth in Lending Act disclosures are inaccurate, misleading or confusing ordinarily will be for fact finder; however, where confusing, misleading and inaccurate character of disputed disclosure is so clear that it cannot reasonably be disputed, summary judgment for plaintiff is appropriate. Truth in Lending Act Section 102 et seq; Truth in Lending Regulations, Regulation Z, Section 226.1 et seq., 15 U.S.C. Section 1700. Griggs v. Provident Consumer Discount Co. 503 F, Supp 246, appeal dismissed 672 F.2d 903, appeal after remand 680 F.2d 927, certiorari granted, vacated 103 S.Ct, 400, 459 U.S. 56, 74 L.Ed.2d 225, on remand 699 E2d 642. v. The Bank’s closing Agent did rush Defendant through the “closing process” with a claim of being late to “catch her plane”, thus depriving Defendant of any available time to review closing documents. Once a creditor violates the Truth In Lending Act, no matter how technical violation appears, unless one of statutory defenses applies, Court has no discretion in imposing liability. Truth in Lending Act, Sections 102-186 as amended, 15 U.S.C. Section 1601-1667e. Solis v. Fidelity Consumer Discount Co. 58 BR, 983. 105. For more Pertinent TILA case Law, see attached “Truth In Lending Act Case Virginia LawOUNT TEN Home Owners Equity Protection Act HOEPA Violations 106. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 107. In General -The Home Ownership and Equity Protection Act of 1994 (HOEPA or the Act) amended TILA by adding Section 129 of TILA, 15 U.S.C. § 1639, and has been implemented by Sections 226.31 and 226.32 of Regulation Z. 12 C.F.R. §§ 226.31 and 226.32. HOEPA was implemented to specifically curb the predatory lending practices of certain sub-prime lenders. Generally, the Act provides added protections to borrowers who obtain more high-cost loans in the sub-prime market. 108. In the course of offering and extending credit to Defendant, ____________________ through their assigns, specifically _________________ Mortgage Co., and___________________. (now defunct) has caused injury to Defendant and have violated HOEPA regulations by engaging in asset-based lending and including loan terms prohibited by HOEPA. Specifically: A. Plaintiff has caused injury to Defendant and has violated the requirements of HOEPA and Regulation Z by engaging in a pattern or practice of extending such credit to a borrower based solely on the borrowers collateral rather than considering the borrowers current and expected income, current obligations, and employment status to determine whether the borrower is able to make the scheduled payments to repay the obligation, in violation of Section 129(h) of TILA, 15 U.S.C. § 1639(h), and Section 226.32(e)(1) of Regulation Z, 12 C.F.R. § 226.32(e)(1), 226.34; Truth in Lending Act was passed to prevent unsophisticated consumer from being misled as to total cost of financing. Truth in Lending Act, Section 102, 15 U.S.C. Section 1601. Griggs v. Provident Consumer Discount. 680 F.2d 927, certiorari granted, vacated 103 S.Ct. 400, 459 U.S. 56, 74 L.Ed.2d 225, on remand 699 F.2d 642. 2. Purpose of Truth in Lending Act is for customers to be able to make informed decisions. Truth in Lending Act Section 102, 15 U.S.C. Section 1601. Griggs v. Provident Consumer Discount Co. 680 F.2d 927, certiorari granted, vacated 103 S.Ct. 400, 459 U.S. 56, 74 L.Ed,2d 225, on remand 699 F,2d 642, B. Plaintiff has caused injury to Defendant and has violated the requirements of HOEPA and Regulation Z by including a prohibited prepayment penalty provision, in violation of Section 129(c) of TILA, 15 U.S.C. § 1639(c), and Section 226.32(d)(6) of Regulation Z, 12 C.F.R. § 226.32(d)(6); C. Plaintiff has caused injury to Defendant and did violate the requirements of HOEPA and Regulation Z by misleading Defendant in the real costs of alleged Mortgage and Note as is evidenced by lower court’s own representation of erroneous and fraudulent amounts referenced in Decision, Order and Judgment Entry Finding In Favor Of Plaintiff ____________________ (page 2) and purporting the entire loan amount totaling $____________ which is $___________ less than alleged mortgage amount. If the court’s can’t figure it out, how then can they expect the Defendant to? D. Plaintiff has caused injury to Defendant and has violated the requirements of HOEPA and Regulation Z by including a prohibited increased interest rate after default provision, in violation of Section 129(d) of TILA, 15 U.S.C. § § 1639(c), and Section 226.32(d)(6) of Regulation Z, 12 C.F.R. § 226.32(d)(6); and D. Plaintiff has caused injury to Defendant and violated the requirements of HOEPA and Regulation Z by failing to provide Defendant required disclosure documented under Section 1639 (a) Disclosures(1)(A) & (B), (2) Annual percentage rate(B), (b) Time of disclosures(1), (2)(A), (3) Modifications, (c) No Prepayment penalty(1)(A)(B), (2)(A)(i)(ii), (B), (D), (d), (e), (f), (h), (j), (k?), Section 1639(d), and Pursuant to regulations promulgated under Truth in Lending Act, violator of disclosure requirements is held to standard of strict liability, and therefore, borrower need not show that creditor in fact deceived by making substandard disclosures. TILA, Sections 102-186, as amended, 15 U.S.C. Section 1601-1667(e); Truth in Lending Regulations, Regulation Z, Section 226,8(b-d), 15 U.S.C. Section 1700 Soils v. Fidelity Consumer Discount Co., 58 B.R. 983, F. Plaintiff did violate and cause to initiate HOEPA protection rights and Defendants rights by requiring Defendant to pay an annual percentage rate at consummation which did exceed an interest rate “more than 8 percentage points for fist lien loans”…based on the yield on Treasury securities having comparable periods of maturity”…….as is required by Regulation Z, 12 C.F.R Section 226.32 (a)(1)(i)(ii), see exhibit”**” Plaintiff failed in their requirements under rules (c)(1)to provide Defendant proper documentation as required,(c)(2) ,(3),(4) in providing Defendant any and all proper notices as is required. (d)(1),(2),(4),(5),(6),(7)(i)(ii)(iii)(iv) . G. Plaintiff did violate Defendants rights by charging discount points in violation of State maximum limitation requirement of 2% by charging Defendant 3%. COUNT ELEVEN Real Estate Settlement and Procedures Act Violations RESPA 109. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 110. In the course of offering and extending alleged credit to Defendant, ____________________ through their assigns, specifically _________________ Mortgage Co., and _______________________. (now defunct) have caused injury to Defendant and violated RESPA (Real Estate Settlement Procedures Act) regulations by engaging in misrepresentation of Defendant and including loan terms prohibited by RESPA. Specifically: Sec. 2605 (a), (b), (b)(1), (b)(2)(A), (b)(2)(B)(i),(iii), (b)(3)(A), (B),(C), (D), (E), (F), (G) a. Plaintiff failed to uphold their duty to inform Defendant, at the time of alleged application for the alleged loan, of Plaintiff’s intention as to the repeated assignment, sale, and/or transfer of loan servicing and failed in their requirement to notify Defendant of sale and assignment of servicing rights to each and every entity represented as being an owner/holder of the Note and Mortgage. b. Plaintiff failed in the entirety of their requirement of notification that states “Each servicer of any federally related mortgage loan shall notify the borrower in writing of any assignment, sale, or transfer of the servicing of the loan to any other person”. For each and every transfer of the alleged Mortgage and/or Note. c. Defendant alleges Plaintiff, and their assignees, did give and receive, in violation of 12 U.S.C., a kickback based on the Yield Spread Premium (YSP) that was not disclosed on the Good Faith Estimate, nor was an ____________ broker contract delivered to Defendant through discovery. d. Plaintiff failed in their requirement to deliver true and accurate information on the Truth In Lending Disclosure Statement. e. Plaintiff failed in their requirement to deliver true and accurate information on the Good faith Estimate of settlement costs. f. Plaintiff’ failed in their requirement to deliver true and accurate information Controlled Business Arrangement Disclosure as is required. COUNT TWELVE Violations of Ohio Corrupt Activities statute O.R.C. 1315.55 (A)(1-5110. 111. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 112. In the course of offering and extending credit to Defendant, __________________ through their assigns, specifically _________________ Mortgage Co., and ______________________________. (now defunct) has caused injury to Defendant and have violated O.R.C. 1315.53 by; a. Failing to comply with reporting requirements: Section 1315.53 (F)(1)(a) b. Giving false information to a money transmitter with intent to conceal or disguise that the money or payment instrument is the proceeds of unlawful activity (such activity would be the fraudulent information placed upon the Mortgage qualifying paperwork by the Mortgage Originator) with the intent and purpose of promoting of carrying out unlawful activity. Section 1315.53 (F)(1)(b) c. Structuring a transaction with the intent to avoid the filing requirements: Section 1315.53 (F)(1)(c) d. Promoting and carrying out an unlawful activity: Section 1315.53 (F)(1)(c) e. By concealing and/or disguising the fact of Duty To Report Transaction: Section 1315.53 (F)(1)(c) COUNT THIRTEEN Violations of Federal Trade Commission Act (FTC Act) 113. Defendant ____________________ incorporates by reference all of the proceeding and foregoing allegations in the entirety of Defendant’s answers & pleadings as in regard to the Complaint in its entirety and from its inception. 114. In the course of offering and extending credit to Defendant, ____________________ through their assigns, specifically _________________ Mortgage Co., and ______________________________. (now defunct) has caused injury to Defendant and have perpetrated unlawful “unfair or deceptive acts or practices.” Practices previously listed involving fraud, misleading conduct, misrepresentations and/or material omissions of information concerning costs, risks, and/or other terms and conditions that do violate the prohibition against deception. Under relevant precedents, this prohibition is violated by misrepresentations, representations, omissions, acts, and/or practices that are material and/or are likely to mislead a reasonable consumer in the audience targeted by the advertisement or other practice. See OCC Guidelines to Guard Against Predatory Lending, at 4-6. See 12 CFR 25.28(c). See also Interagency Questions and Answers Regarding Community Reinvestment, Q&A ___.28(c)-1, 66 Fed.Reg. 36620, 36640 (July 12, 2001). A bank that engages in credit without assessing the borrower’s ability to repay the loan — in addition to violating HOEPA in some circumstances — is not helping to meet the credit needs of the community consistent with safe and sound operations, and has acted contrary to the OCC’s safety and soundness regulatory guidelines. See 12 CFR 30, Appendix A. Such an activity or practice also may adversely affect the OCC’s evaluation of the bank’s CRA performance. See OCC Guidelines to Guard Against Predatory Lending.a pattern or practice of extending ……. See also United States Department of Housing and Urban Development, Mortgagee Letter 2002-21 (Due Diligence in Acquiring Loans), September 26, 2002. 115. To Defendant’s belief and knowledge, Plaintiff, through lack of proper documentation and/or fraudulent documentation provided, erroneously represented the true chronology of the alleged mortgage. Plaintiff’s unsigned, un-authenticated, un-recorded, un-intelligible, and post dated documentation, have revealed the engagement of themselves in the unlawful act of money laundering by attempting to conceal, disguise the location, source, nature, ownership or control of property derived from either unlawful of corrupt activity in an attempt to either and/or to simply to make illegally gained money appear to be from a legal source or to avoid a reporting requirement as are represented in O.R.C. Title 13: Commercial Transactions Chapter 1315, Transmitters of Money, sections 1315.53, 1315.54, 1315.55 and 1315.99 and as such show a pattern of either and/or corrupt or unlawful activity as defined within O.R.C. 2923.31 (1)(1,2,a-f) and State of Ohio Criminal Law. SUMMARY OF DEFENDANT REQUESTS TO THE COURT: 116. This is just one more cause of persecution of an ordinary citizen by an alliance of organizations using deliberately-deceptive criminal and predatory sales practices meant to unjustly enrich themselves while forcing homeowners into foreclosure. 118. For the reasons stated above, and based on the case law previously submitted to this Court in Defendant’s Motion to Dismiss and accompanying pleadings and memorandum, the Defendant, ____________________ respectfully asks this Court to sustain these objections to the Lower Courts Decision and to support the other judges who have set precedents by deciding against such predatory plaintiffs, including this one, with prejudice. 119. I ask you humbly and respectfully to dispense justice against such predatory victimizers by finding compensatory and punitive damages for the Defendant. Since previous sanctions in similar cases seem not to have altered this Plaintiffs’ conduct, sanctions in this case are absolutely necessary if a strong message is to be sent to financial institutions such as this one, which have brought our country to ruin. Nosek v. Ameriquest Mortgage Co., 386 B.R. 374 (Bankr. D. Mass 2008) SUMMARY OF DEFENDANT’S REQUESTS OF COURT 118. The defendant ____________________ requests the following from the court: (1) Under Count One, violations of the Federal Fair Debt Collection Practices Act, award of damages and other compensatory relief as the Court deems proper in the maximum amount allowed by law. (2) Under Count Two, violations of the Ohio RICO Statutes, f. an order divesting ______________________________of its interest in Defendant’s real property, g. an award of damages and other compensatory relief as the Court deems proper, and h. tripling such damages, i. and to costs and reasonable attorney fees and j. also moves the court, pursuant to sec. 2929.34(D) of the Statute, for an order of injunctive relief and a temporary injunction. k. an order that the Plaintiff ____________________ N.A. must divest any interest in Defendant’s real property that it acquired through this foreclosure action, and be ordered by the court not to transfer any said interest in the property to any entity other than the Defendant ____________________, in an attempt to circumvent the purpose of such divestiture. l. an order that Plaintiff ____________________ must make whole the Credit Rating of ____________________ as to the removal of and any mention of this alleged transaction from his Credit rating with each and every one of the Credit Rating Agencies in use, in the public arena, solely as it relates to the alleged mortgage & note and for a further order awarding Defendant ______________________________ an additional amount of $5,000.00 (five thousand dollars) per each and every day that such information is displayed upon his credit report beginning some 30 days from the ruling of the courts in his favor. In the event of future occurrences of same alleged information reappearing on Defendants Credit Report(s), then same award to again be deemed just, and awarded for each and every event, from each and every Credit reporting Agency, from date of inception till date of removal, and that this same awarding shall last in perpetuity. (3) Under Count Three, Fair Credit Reporting Act, an award of attorney’s fees as if tried singly and damages, both substantive and punitive, economic and non-economic and in addition to any civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code and any and all other compensatory relief as the Court deems fit and proper in the maximum amount allowed by law. (4) Under Count Four, Universal Commercial Code violations, an award of attorney’s fees as if tried singly and damages, both substantive and punitive, economic and non-economic and in addition to any civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code and any and all other compensatory relief as the Court deems proper in the maximum amount allowed by law. (5) Under Count Five, Ohio Deceptive Trade Practices Act, Defendant is entitled to an award of injunctive relief as is stated in R.C. 4165.03, an award of reasonable attorney’s fee’s as if tried singly and any and all relief pursuant to R.C. 4165.03 C, which states “The civil relief provided in this section is in addition to civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code.” (6) Under Count Six, Ohio Consumer Sales Practices Act violations, an award of attorney’s fee’s as if tried singly and damages, both substantive and punitive, economic and non-economic and in addition to any civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code and any and all other compensatory relief as the Court deems proper in the maximum amount allowed by law. (7) Under Count Seven, O.R.C. 1345.0 violations, an award of attorney’s fee’s as if tried singly and both economic and non-economic damages, both substantive and punitive and any and all other compensatory relief as the Court deems fit and proper in the maximum amount allowed by law and Defendant states that treble damages are warranted as this is one of thousands of publicly instances of this same behavior and as such I attach exhibit “**” titled Previous Sanctions against ____________________ N.A. (8) Under Count Eight, Article III violations, an award of attorney’s fees as if tried singly and damages, both substantive and punitive, economic and non-economic in addition to any civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code and any and all other compensatory relief as the Court deems proper in the maximum amount allowed by law. (9) Under Count Nine, Truth In Lending Act (TILA) 15 U.S.C § 1601 violations, an award of attorney’s fees as if tried singly, an award of actual damages, 15 U.S.C. § 1640(a)(1), declaratory relief, establishment of criminal liability on any and all persons the Court finds who did willfully and knowingly violate the statute, 15 U.S.C. § 1611, statutory damages, which may be assessed in addition to any actual damages awarded. 15 U.S.C. § 1640 (a)(2)(A), see Section 130(a) of TILA, an amount equal to the sum of all finance charges and fees paid by the consumer 15 U.S.C. § (a)(4), and under 15 U.S.C. - Liability of assignees § (d)(2)(B)(i),(ii) the amount of all remaining indebtedness; and the total amount paid by the consumer in connection with the transaction with the all above trebled within the scope and jurisdiction of the Law to the maximum amount allowed by the Law. (10) Under Count Ten, Home Owners Equity Protection Act (HOEPA) (or Regulation Z, 12 CFR 226), 15 U.S.C. §§ 1602(aa), 1639 since all remedies available to borrowers where a HOEPA violation is present include all those under TILA, Defendant seeks an award duplicative of each and every award listed in the above TILA violations listed within this complaint. Additionally, since Plaintiff’s engaged in the pattern or practice of extending Defendant a loan without regard to Defendants ability to repay from sources other than the encumbered property in violation of 12 CFR § 226.32, Defendant also seeks an additional award of all finance fee’s paid, and a duplicative award, in the entirety, against each and every entity within Plaintiff’s representation as their chain of “holder In Due Course” of the alleged Mortgage and Note. 12 CFR § 226.32. (11) Under Count Eleven Real Estate Settlement and Procedures Act (RESPA) violations, an award of attorney’s fees as if tried singly and damages, both substantive and punitive, economic and non-economic and in addition to any civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code and any and all other compensatory relief as the Court deems proper in the maximum amount allowed by law. (12) Under Count Twelve, Ohio Corrupt Activities Statute, an award of attorney’s fee’s as if tried singly and damages, both substantive and punitive, economic and non-economic and in addition to any civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code and any and all other compensatory relief as the Court deems proper in the maximum amount allowed by law. (13) Under Count 13 Violations of Federal Trade Commission Act (FTC), an award of attorney’s fees as if tried singly and damages, both substantive and punitive, economic and non-economic and in addition to any civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code and any and all other compensatory relief as the Court deems proper in the maximum amount allowed by law. (14) Count 14 for Defamation of Character & Libel, for previously named and referenced instances of Libel se and Defamation of Character se, an award against Plaintiff and Plaintiff’s Counsel, in recompense for the loss of Defendant’s chosen career (in perpetuity), damages (both statutory and punitive) for Libel, Defamation of Character, emotional, mental, psychological and physical damages in the maximum as the Law and Court is allowed and deems just, fit and reasonable and with extreme prejudice. Also, an award of Attorney’s fees, and any and every other possible fine/sanction/injunction possible and available to the Defendant in the Law and to which the Courts may allow. (13) On all Counts, an award for Defendant’s pre-judgement and post-judgement interests, as well as well as reasonable attorney’s fees and other costs and disbursements of this litigation, and an award for any and all other relief as this Court deems just, fit and proper, plus an award for any and all Tax encumbrance’s that would be incurred by Defendant on same previously mentioned awards. Given that (a) this Case has cost me inestimable damage to my reputation–which has destroyed my chosen career, (b) one-year-plus of my all-day, every-day time to refute this case which cost me approximately $50,000 per year or more in possible loss of compensation in that pursuit, (c) degradation of my health through the enormous stress of fighting a predatory giant such as __________________________., and (d) the additional strain on Defendants mental, psychological and physical health while simultaneously having to _________________________________________________________________________________________________________________________________________________________________________________________________________________________ but also worrying about the threat of losing their own home and everything they owned because of Plaintiff’s allegations against them. Defendant also request’s all charges made against Plaintiff, not sustained, to be addressed and explained with specificity. (14) Defendant retains all rights and remedies to prosecute any and all other violations against Plaintiff and their Counsel as they become apparent and available. 115. Finally, I sincerely thank Your Honor for his/her time and patience in reviewing this lengthy document and I ask you humbly and respectfully, not only for justice for myself, but for the necessary sanctions and/or injunctions and/or other actions that would serve to prevent further predatory practices, such as those used against me, to be utilized against other unsuspecting home owners. Respectfully, _______________ __________________ pro se
Posted on: Mon, 11 Nov 2013 20:56:39 +0000
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