1

Jane Doe
1902 Wright Place
Carlsbad, California 92008-6583
Telephone: (000) 000-0000
Facsimile: (000) 000-0000

Attorney for Plaintiff (or Plaintiff in pro per)

Jane Doe____________
5
_
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7

UNITED STATES COURT

SOUTHERN DISTRICT OF CALIFORNIA

8
9

Case No.: ______________

__________________,
10

Plaintiff,
11
12
13
14
15
16
17
18

v.
Countrywide Home Loans (Tempe);
LS- Countrywide Full Spectrum;
Countrywide Home Loans Inc
(Calabasas); and all other
claimants of whatsoever kind
and character against real
property commonly known as
_______________ APN __________;
and Does 1 through 100 inclusive,

19

COMPLAINT FOR
1. VIOLATION OF RESPA 12 U.S.C.
2605 et seq.;
2. VIOLATION OF TRUTH IN LENDING
ACT 15 U.S.C. 1601 et seq.;
3. VIOLATION OF CALIFORNIA CIVIL
CODE 1632 et seq.;
4. NEGLIGENT
MISREPRESENTATION;
5. RESCISSION;
6. UNJUST ENRICHMENT
DEMAND FOR JURY TRIAL

Defendants.

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21

///

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///

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///

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- 1COMPLAINT

THE PARTIES

1
2

1. Plaintiff ___________ (hereinafter Plaintiff or ______) is

and at all times mentioned herein was an individual, residing in the

County of _______. Plaintiff is the owner of certain real property

commonly

(hereinafter Subject Property).

2.

known

as

_________

_____________,

County

of

_________

Defendant Countrywide Home Loans (Tempe)(hereinafter CWHL

Tempe or Originating Lender) is an entity, form unknown, with a

principal place of business to be determined in discovery. CWHL Tempe

10

is, and at all times mentioned was, doing business in the State of

11

California and in the County of __________.

3.

12

Defendant

LS-Countrywide

Full

Spectrum

(hereinafter

LS

13

CWFS or Broker) is an entity, form unknown, with a principal place

14

of business to be determined in discovery. LS CWFS is, and at all

15

times mentioned was, doing business in the State of California in the

16

County of ____________.
4.

17

Defendant Countywide Home Loans Inc (Calabasas)(hereinafter

18

CWHL Calabasas or Servicer is an entity, form unknown, with a

19

principal

20

Calabasas is, and at all times mentioned was, doing business in the

21

State of California and in the County of____________.

5.

22

place

of

business

to

be

determined

by

discovery.

CWHL

This action pertains to an alleged note, loan and security

23

interest originated by Broker and Countrywide Home Loans (Tempe) known

24

as loan # ________(hereinafter the LOAN).

6.

25

formal

Plaintiff intends this action and this document to represent

26

federal

complaint

and

also

27

request. This Complaint contains Plaintiffs Name, CWHL Tempe account

28

- 2COMPLAINT

act

as

qualified

written

number, and demands in connection with the LOAN as to the originating

lender and each subsequent servicer:

a. that each lender, servicer, creditor or owner justify any

legal

provide proof that Defendants, and each of them in fact has

ownership or other authority regarding the LOAN;

b. that

right

each

to

service,

lender,

own,

servicer,

be

named

creditor

creditor

or

owner

and

provide

Plaintiff an opportunity to inspect all the original Notes

and Deeds relating to the LOANS;

10

c. that each lender, servicer, creditor or owner state and

11

prove that it did not violate RESPA regarding the LOAN, or

12

admit that it violated RESPA;

13

d. that each lender, servicer, creditor or owner identify each

14

and every transfer or sale to others of any rights in the

15

LOAN, the Subject Property or the Note, along a copy of

16

with each notice provided to the borrower of such transfer

17

or sale;

18

e. that each lender, servicer, creditor or owner in possession

19

of

20

provide a copy of the same Plaintiff;

21

any

truth-in-lending

disclosure,

settlement

or

HUD-1

f. that each lender, servicer, creditor or owner provide a

22

copy

of

any

notice

of

23

rescission

rights,

24

discussing

cancellation

25

Plaintiff;

or

cancellation

correspondence
rights

or

rights,
or

notice

written

rescission

of

document

rights

to

26

g. That each lender, servicer, creditor or owner provide a

27

complete list of all telephone logs, communication logs,

28

and

correspondence

logs,

- 3COMPLAINT

as

well

as

all

recordings,

documents and digital versions of the subject matter of

these logs to Plaintiff.

7.

Plaintiff is ignorant of the true names and capacities of

Defendants sued herein as DOES 1 through 100, inclusive, and therefore

sues these Defendants by such fictitious names. Does 1-100 at all

times relevant herein were employees, agents of Defendant and each of

them. Plaintiff will designate each DOE Defendant and serve them with

this

ascertained. Plaintiff alleges that each of said Defendants designated

10

as a DOE is legally responsible in some manner for the events and

11

happenings herein referred to and caused or is responsible in some

12

manner for the damages proximately caused hereby.

Complaint

8.

13

when

their

true

names

and

capacities

have

been

Plaintiff is informed and believes that all times mentioned

14

herein, that all of the Defendants acted in concert with the other

15

Defendants

16

activities alleged and, therefore, are responsible for the damages as

17

alleged by the Plaintiff. Plaintiff is further informed and believes

18

that

19

person named in this Complaint was the agent and/or employee of each

20

of the remaining Defendants and/or Defendant Employers, and acted in

21

concert for the purpose of injuring Plaintiff as alleged herein.

at

named

all

9.

22

in

times

this

Complaint

mentioned

herein

in

the

each

wrongful

individual,

and

improper

employee

and

Plaintiff is further informed and believed that at all

23

times mentioned herein each Defendant and individual named in this

24

Complaint was acting within the course and scope of that relationship.

25

Plaintiff is further informed and believes, and thereon alleges, that

26

each

27

authorized

the

28

Defendants.

Plaintiff

of

the

Defendants
acts

herein

alleged
is

gave

herein

informed

and

- 4COMPLAINT

consent
to

each

believes

to,

ratified,

of

the

that

at

and

remaining
all

times

mentioned herein, that all Defendants are liable for the actions of

each of the individuals mentioned herein.

10.

Plaintiff is informed and believes and thereon alleges that

at all times mentioned herein, the Defendants have pursued a common

course of conduct, acted in concert with, and conspired with, each

other, and have aided and abetted one another to accomplish the wrongs

complained herein.

JURY TRIAL DEMANDED

Plaintiff complains against Defendants herein and demands a trial by

10

jury on all issues.

JURISDICTION AND VENUE

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12

11.

This court has jurisdiction pursuant to 28 U.S.C. 1331

13

under the following statues: the Truth-in-Lending Act, 15 U.S.C. 1601

14

et seq. and RESPA 12 U.S.C. 2605 and 12 U.S.C. 2601 et seq.

15
16
17

12.

In addition, this court has supplemental jurisdiction over

all states claims alleged herein pursuant to 28 U.S.C. 1367.

13.

Venue in this district is proper pursuant to 28 U.S.C.

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1391(b) because Plaintiff resides in this district, Defendants do

19

business in this district, the Subject Property is in this district,

20

and all events in question took place in this district.

21

FACTS COMMON TO ALL CAUSES OF ACTION

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23
24

14.

At the request of Broker, CWHL Tempe and others, Plaintiff

25

obtained loan #_________ (the LOAN) from CWHL Tempe on or about

26

_________.

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28

- 5COMPLAINT

15.

Plaintiff is informed and believes that the wrongful acts

of Defendants include violations of federal and state law before the

initiation of the LOAN as well as during the servicing period of the

LOAN.

a. Prior to the funding of the Loan, LS CWFS and/or CWHL

Tempe represented to Plaintiff that very favorable loans,

loan terms and interest rates were available to him.

b.

As

result,

Broker,

CWHL

Tempe

an

others

convinced

Plaintiff to refinance the loan on the Subject Property and

take on a new loan with CWHL Tempe, the LOAN.

10
11

c. Plaintiff is further informed and believes that LS CWFS,

12

CWHL Tempe and defendants knew or intended that Plaintiff

13

receive a worse loan, and that the worse loan produced a

14

higher

15

interest rate and subject to higher fees.

commission

for

them

because

it

was

at

higher

16

d. Plaintiff is further informed and believes that LS CWFS,

17

CWHL Tempe and Defendants knew or should have known that in

18

the event of Plaintiffs inability

to perform on the LOAN,

19

prepayment

and

20

charges to Plaintiff would constitute an additional payment

21

stream to the benefit of Defendants.

22

16.

Although

penalties,

LD

CWFS,

commissions

CWHL

Tempe,

and

other

other

foreseeable

persons

made

23

certain representations regarding the LOAN, in actuality, the LOAN was

24

not as represented because among other things:

25

a.

represented.

26
27
28

It was at a higher interest rate than what was

b.

The payments were higher than the payment as

represented to and agreed upon by Plaintiff.

- 6COMPLAINT

c.

There where less equity in the Subject Property than

represented.

d.

There was less money available to Plaintiff than

represented.

e.

The loan subsequently became unaffordable to

Plaintiff.

f.

Plaintiff was accordingly put into a mortgage all

without Plaintiffs informed consent.

8
9

17. Plaintiff is informed and believes that Defendants failed to

10

provide Plaintiff with the proper disclosures required under federal

11

and state law.

a. Defendants did not provide to Plaintiff a proper notice

12

of right to cancel at the time of the transaction.

13

b. Defendants did not provide to Plaintiff accurate

14
15

disclosures of the costs of financing, the APR, the

16

payment obligations, or the type of loan at the time of

17

the transaction.
c. Defendants did not provide to Plaintiff a proper notice

18
19

of rights to cancel subsequent to the time of the

20

transaction.
d. Defendants did not provide the Plaintiff accurate

21
22

disclosures of the costs of financing, the APR, the

23

payment obligations, or the type of loan subsequent to

24

the time of the transaction.

25

18. Plaintiff is informed and believes that the LOAN and related

26

contracts contain conflicting terms that are not reasonably amendable

27

to understanding by a consumer, possibly including but not limited to

28

the

Note,

Addenda,

Trust

Deed,

- 7COMPLAINT

Rider(s),

TILA,

Estimated

Settlement(s),Final

Settlement

Statement(s),

Escrow

Instruction(s),

all containing complicated and in many cases contradictory terms.

19. Plaintiff relied on the representations of LS CWFS, CWHL

3
4

Tempe,

defendants

and

reasonably believed that Defendants are licensed banks, real estate

agencies, brokers and/or mortgage companies, and are fiduciaries of

Plaintiff,

professionalism and to conduct all real estate transactions herein

without violating any of the fiduciary duties owed to Plaintiff.

owing

others

Plaintiff

alleged

duties

herein

of

because

utmost

care,

Plaintiff

loyalty,

20. LS CWFS, CWHL Tempe, Defendants and other persons breached

10
11

their fiduciary obligations owed to Plaintiff, were negligent, made

12

negligent misrepresentations, intentional misrepresentations, breached

13

their contract with Plaintiff, were professionally negligent and

14

caused Plaintiff damages.

21.

15

Plaintiff

is

informed

and

believes

that

Defendants

CWHL

16

Calabasas and other Defendants purchased or otherwise acquired unknown

17

rights and/or responsibilities relating to Plaintiffs LOAN CWHL Tempe

18

at

date

unknown

19

responsibilities

depends

20

meaningless and unenforceable.

21

some

to
on

Plaintiff.
the

rights

All
of

such

CWHL

rights

Tempe

and

and

are

22. As a proximate result of the conduct of Defendants as herein

22

alleged,

the

Plaintiff

23

medical

24

credit, loss of opportunities, attorney fees and costs, and other

25

damages to be determined at trial. As a proximate result Defendants

26

breach of duty and all other actions as alleged herein, Plaintiff has

27

suffered severe emotional distress, mental anguish, harm, humiliation,

expenses,

sustained

emotional

damages,

distress,

28

- 8COMPLAINT

loss

including
of

monetary

employment,

loss,

loss

of

embarrassment,

and

mental

and

physical

pain

and

anguish,

Plaintiff damages in an amount to be established at trial.

all

to

23. Each Defendant herein is responsible for the acts of the

Defendants and their predecessors based on the doctrine of respondeat

superior. Further, each Defendant herein is responsible for the acts

of other Defendants because each Defendant negligently supervised the

other Defendants and is therefore directly responsible for the acts of

the other Defendants.

24. All Defendants are agents, employees and other fiduciaries

9
10

of each

11

Defendants against Plaintiff set forth within were done within the

12

scope of employment. Defendants were acting as agents and employees

13

and in the transaction of the business of the employment or agency

14

when

15

directly, jointly, and severally liable to Plaintiff for the action of

16

LS CWFS, CWHL Tempe, CWHL Calabasas, the employees of said parties,

17

and all other Defendants as set forth within.

18

other

as set

performing

their

forth within. Each of the wrongful acts

wrongful

actions.

Defendants

are

by

therefore

25. The aforementioned conduct of Defendants was an intentional

19

misrepresentation, deceit, or concealment of a material fact known to

20

the Defendants with the intention on the part of the Defendants of

21

thereby

22

otherwise causing injury, and was despicable conduct that subjected

23

the Plaintiff to a cruel and unjust hardship in conscious disregard of

24

the Plaintiffs rights, so as to justify an award of exemplary and

25

punitive damages, as well as attorney fees and costs.

depriving

the

Plaintiff

of

26
27
28

- 9COMPLAINT

property

or

legal

right

or

FIRST CAUSE OF ACTION

VIOLATION OF RESPA 12 U.S.C. 2605

26. Plaintiff hereby incorporates by reference, repleads and

3
4

realleges each and every allegation contained in all the paragraphs of

the General Allegations and Facts Common to All Causes of Action as

though the same were set forth at length herein.

27. Defendants LS CWFS, CWHL Tempe, CWHL Calabasas and other

Defendants failed to adequately respond to Plaintiffs requests for

information regarding the loan and for an opportunity to work out the

10

loan Qualified Written Requests in violation of RESPA.

28. Defendants LS CWFS, CWHL Tempe, CWHL Calabasas and other

11
12

Defendants

13

Written Requests in violation of RESPA.

29.

14

failed

________

to

adequately

is

informed

respond

and

to

believes

Plaintiffs

that

Qualified

Defendants

CWHL

15

Tempe, LS CWFS and other Defendants violated RESPA at the origination

16

of the LOAN in various ways including but not limited to:

a. Lender failed to provide timely and accurate good faith

17

estimates;

18

b. Loan Application completed ______ by interviewer________

19

But printed on ______ and signed by applicant on _____.

20
21

c. No affiliated business arrangement/party disclosure;

22

30. As a proximate result of the negligent conduct of Defendants

23

and their failures as herein alleged, the Plaintiff sustained damages,

24

including monetary loss, medical expenses, emotional distress, loss of

25

employment, loss of credit, loss of opportunities, and other damages

26

to be determined at trial. As a proximate result the Defendants breach

27

of

28

suffered severe emotional distress, mental anguish, harm, humiliation,

duty

and

all

other

actions

as

- 10COMPLAINT

alleged

herein,

Plaintiff

has

embarrassment,

Plaintiffs damages in an amount to be established at trial. Plaintiff

seeks to recover all possible damages Plaintiff is entitled to recover

pursuant

possible.

to

and

mental

RESPA,

and

including

physical

statutory

pain

and

and

anguish,

punitive

damages

SECOND CAUSE OF ACTION

VIOLATION OF TRUTH IN LENDING ACT 15 U.S.C. 1601 et seq.;

31.

Plaintiff

hereby

incorporates

by

reference,

all

repleads

if

and

realleges each and every allegation contained in all of the paragraphs

10

of the General Allegations and Facts Common to All Causes of Action as

11

through the same were set forth herein.

12

32.

The

consumer

credit

transaction

was

subject

to

the

13

Plaintiffs right of rescission as described by 15 U.S.C. 1635(a) and

14

Regulations Z 226.23 (12 C.F.R. 226.23).

15

33. Most Particularly, the same Defendants violated 15 U.S.C.

16

1635(a) and Regulation Z 226.23(b) with regards to the purported

17

Notice of Right to Cancel. As a consequence of this action, the Notice

18

of Right to Cancel documentation furnished to Plaintiff to fail to:

19

a. Correctly identify the transaction.

20

b. Clearly and conspicuously disclose the Plaintiffs right

21

to rescind the transaction three days after delivery of

22

all required disclosures.

23

c. Clearly and conspicuously disclose how to exercise the

24

right to rescind the transaction, with a form for that

25

purpose.

26
27

d. Clearly and conspicuously disclose the effect of

rescission.

28

- 11COMPLAINT

e. Clearly and conspicuously disclose the date and

rescission period expired.

2
3

34.

Furthermore, Plaintiff is informed and believes that LS

CWFS, CWHL Tempe and CWHL Calabasas violated TILA at the time of

origination because, among other things:

a.

Complicated Adjustable Rate Note.

b.

16 page Deed and 5 page Adjustable Rate Ride described

a 30 year adjustable rate amortization that follows a

two year teaser at 8%.

c.

10

The adjustable rate is capped above and below at 15%

and 8% respectively.

11

d.

12

Plaintiff was an elderly spanish-speaking gentleman

13

and subject to heavy financial burdens due to family

14

and child support obligations aggravated by pre-

15

existing predatory home loan.

16

35.

Plaintiff

is

informed

and

believes

that

Defendants

17

violation of the provisions of law rendered the credit transaction

18

null and void, invalidates Defendants claimed interest in the Subject

19

Property, and entitles Plaintiff to damages as proven at trial.

20

THIRD CAUSE OF ACTION

21

VIOLATION OF CALIFORNIA CIVIL CODE 1632 et seq.;

22

36.

Plaintiff hereby incorporates by reference, repleads and

23

realleges

24

paragraph of the General Allegations and Facts Common to All Causes of

25

Action and the First Cause of Action as though the same were set forth

26

at length herein.

each

and

every

allegation

27
28

- 12COMPLAINT

contained

in

each

and

every

37.

Plaintiff is a native Spanish speaker and the negotiations

and

transaction

contract documents or disclosures were delivered to Plaintiff prior to

the transaction in Spanish, in violation of California Civil Code

1632 et seq.
38.

were

conducted

primarily

in

Spanish;

however,

no

Furthermore, Plaintiff is informed and believes that LS

CWFS, CWHL Tempe and CWHL Calabasas violated TILA and California Civil

Code 1632 et seq. at the time of origination by, among other things,

as follows:

10

a.

no contract terms provided in Spanish;

11

b.

no TILA or other disclosures provided in Spanish.

39.

12

of

As a proximate result of the breach, Plaintiff was not

13

aware

the

terms

of

the

contract

and

Plaintiff

14

recover proximately caused damages and rescind the LOAN.

15

FOURH CAUSE OF ACTION

16

NEGLIGENT MISREPRESENTATION

17

40.

is

entitled

to

Plaintiff hereby incorporates by reference, repleads and

18

realleges each and every allegation contained in each paragraph of the

19

General Allegations and Facts Common to All Causes of Action and the

20

First Cause of Action as thought the same were set forth at length

21

herein.

22

41.

If any Defendants misrepresentations made herein were not

23

intentional,

said

misrepresentations

24

Defendants made the representations alleged herein he/she/it had no

25

reasonable ground for believing them to be true.

26
27
28

- 13COMPLAINT

were

negligent.

When

the

42.

Defendants made these representations with the intention of

inducing Plaintiff to act in reliance on these representations in the

manner hereafter alleged, or with the expectation that Plaintiff would

so act.
43.

As a proximate result of the negligent misrepresentations

of

Defendants

as

herein

including monetary loss, medical expenses, emotional distress, loss of

employment, loss of credit, loss of opportunities, attorney fees and

costs, and other damages to be determined at trial. As a proximate

10

result of Defendants breach of duty and all other actions alleged

11

herein,

12

anguish,

13

pain

14

established at trial.

Plaintiff

and

harm,

has

alleged,

suffered

humiliation,

anguish,

all

to

the

Plaintiff

severe

emotional

embarrassment,
Plaintiffs

sustained

and

damage

15

FIFTH CAUSE OF ACTION

16

RESCISSION

distress,

mental
in

damages,

an

and

mental

physical

amount

to

be

17

44.

18

realleges

19

paragraph of the General Allegations and Facts Common to All Causes of

20

Action and the First Cause of Action as though the same were set forth

21

at length herein.

22

45.

Plaintiff hereby incorporates by reference, repleads and

each

and

every

allegation

contained

in

each

and

every

Plaintiff is informed and believes that Defendants do not

23

have and cannot produce an original deed and original note relating to

24

the LOAN.

25

46.

The

Plaintiffs

had

continuing

right

to

rescind

the

26

transaction until the third business day after receiving both a proper

27

and accurate cancellation rights notice and all material disclosures

28

described in the preceding paragraph, pursuant to 15 U.S.C. 1635(a)

- 14COMPLAINT

and Regulation Z 226.23(a)(3), up to three years after consummation

of the transaction.
47.

Based on the violations of the defendants of 15 U.S.C

1635, Plaintiff suffered actual damages in an amount exceeding the

jurisdictional minimum of this Court and to be determined at trial in

the form of prepaid interest and charges delivered to LS CWFS and

additional

charges

additional

damages

paid

10

1635(g).

11

48.

in

the

by

Plaintiff

relief

under

form
on

15

of

the

payments,
LOAN.

U.S.C.

interest,

Plaintiff

1640

pursuant

is

fees,

and

entitled

to

to

15

U.S.C.

As a proximate result of the conduct of Defendants as

12

herein alleged, the Plaintiff sustained damages, including monetary

13

loss, medical expenses, emotional distress, loss of employment, loss

14

of credit, loss of opportunities, attorney fees and costs, and other

15

damages

16

Defendants breach of duty and all other actions as alleged herein,

17

Plaintiff

18

harm, humiliation, embarrassment, and mental and physical pain and

19

anguish, all to Plaintiffs damage in an amount to be established at

20

trial.

to

be

has

determined

suffered

at

severe

trial.

As

emotional

proximate

distress,

21

SIXTH CAUSE OF ACTION

22

UNJUST ENRICHMENT

result

mental

of

anguish,

23

49.

Plaintiff hereby incorporates by reference, repleads and

24

realleges

25

paragraph of the General Allegations and Facts Common to All Causes of

26

Action and the First Cause of Action as though the same were set forth

27

at length herein.

each

and

every

allegation

28

- 15COMPLAINT

contained

in

each

and

every

50.

By their misrepresentations, omissions and other wrongful

acts alleged heretofore, Defendants, and each of them, were unjustly

enriched

deprived, and is entitled to restitution.

at

the

expense

of

Plaintiff,

and

Plaintiff

was

unjustly

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants, and

6
7

each of them in the alternative as follows:

A.

inception, then Plaintiff requests that this Court find that the

10
11

IF THIS COURT determines that Defendants violated TILA at the

alleged Note and Lien are invalid and order as follows:

1.

For immediate cease and desist order enjoining all

12

Defendants, and each of them, their agents, servants,

13

heirs, dbas, fkas, corporate affiliates, subsidiaries,

14

employees, and all persons or entities acting under, in

15

concert with, on their behalf in any capacity from selling

16

or conveying or attempting to sell or convey any interest

17

whatsoever that Plaintiff may have in the real property

18

commonly known as _________________________, APN

19

_________________ or relating to the LOAN;

20

2.

For preliminary injunction and permanent injunction,

21

enjoining all Defendants, and each of them, their agents,

22

servants, heirs, dbas, fkas, corporate affiliates,

23

subsidiaries, employees, and all persons or entities acting

24

under, in concert with, on their behalf in any capacity

25

from selling or conveying or attempting to sell or convey

26

any interest whatsoever that Plaintiff may have in the real

27

property commonly known as ____________________, APN

28

- 16COMPLAINT

___________, relating to the LOAN, which is presently

unknown to Plaintiff;
3.

That the deed of trust securing the Subject Property and

securing the LOAN, be rescinded and Plaintiffs Deed of

Trust immediately restored to Plaintiff;

4.

That Plaintiffs credit standing be fully restored in

relation to the LOAN;

5.

That any and all Notice of Intent to Foreclose issued by

any Defendants or agents of Defendants relating to

_________________, APN ____________ be rescinded;

10

6.

11

That title to the property commonly known as ______________,

12

APN ____________, be restored to Plaintiff in the name of

13

Jane Doe;
7.

14

That the LOAN be forgiven in its entirety;

15

B.

16

this loan, then Plaintiff requests that this Court order:

17

IF THIS COURT determines that Plaintiff has properly rescinded

8.

relation to the LOAN;

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That Plaintiffs credit standing be fully restored in

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That any and all Notice of Intent to Foreclose issued by

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any Defendants or agents of Defendants relating to

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____________, APN ___________ be rescinded;

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10.

That Defendants provides and accounting of all amounts

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charged to Plaintiff or paid by Plaintiff relating to the

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LOAN;

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11.

That Defendants promptly pay said amounts to Plaintiff;

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12.

That the LOAN and related note be forgiven in its

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entirety;

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- 17COMPLAINT

13.

from Plaintiff.

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C.

Under all alternatives, Plaintiff prays:

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For judgment that Plaintiff is entitled to compensation of

the full value of the Subject Property;

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For all damages and remedies Plaintiff is entitled to

recover under TILA;

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For all damages and remedies Plaintiff is entitled to

recover under RESPA;

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That this Court grant judgment in favor of Plaintiff

against all Defendants;

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That Defendants receive and accept title to the Premises

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For compensatory damages according to proof, including lost

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credit, lost earnings and other employee benefits, medical

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expenses, emotional distress, humiliation, mental anguish,

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and other compensatory damages;

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19.

For general damages according to proof;

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20.

For special damages according to proof;

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21.

For interest on damages according to proof;

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22.

For prejudgment interest on such damages as provided by

law;

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For attorney fees incurred by Plaintiff;

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24.

For costs of suit incurred by Plaintiff; and

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25.

For such other and further relief as the court deems

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proper.
Dated: _________________

Respectfully Submitted,
Mahan & Mahan, Attorneys at Law

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____________________________
By James Doe
Attorney for Plaintiff
Jane Doe
- 18COMPLAINT

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EXHIBIT A

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Property Address: __________________________

Property County: _________

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- 19COMPLAINT

APN _____________

EXHIBIT A

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Attach Legal Description and Assessors Parcel Number often

found on Last Page of Grant Deed or Deed of Trust

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- 20COMPLAINT