WHEREFORE, Plaintiff respectfully requests this court to provide the requested legal and equitable relief and any other such relief this court deems as just and proper, including but not limited to:

a.  Declaratory Judgment that the neither the Defendant Trust, or any other named or unnamed Defendant in this action, possess any sufficient evidentiary indicia that provide standing as a real party in interest to enforce the Plaintiff‘s note under G.L. c. 106.

b.  Declaratory Judgment that the neither the Defendant Trust, or any other named or unnamed Defendant in this action, possess any sufficient evidentiary indicia that provides standing as a real party in interest to enforce the Plaintiff‘s mortgage

c. That the Defendant enterprise acted collectively and intentionally through predicate acts that proximately caused injury to the Plaintiff

d. All other legal and equitable claims made in the above paragraphs

e. All of Plaintiff‘s reasonable attorney fees, and attendant costs with defending the Defendant(s) legally deficient proof of claim in this matter, as well as its legally deficient Motion to Lift Stay hearing.

f. All other equitable and legal remedies that this court deem just and proper.

Respectfully Submitted,
Peter H. Koufos
By his Attorney

/s/ Glenn F. Russell, Jr.
June 06, 2011        Glenn F. Russell, Jr.




  1. george says:

    nice twist

  2. leapfrog says:

    Looks good, but I’m no attorney. My initial complaint was dismissed but judge gave us leave to amend and it is now going forward. Similar situation – AP in BK court against the pretender-lenders.

  3. HELL NO - No More Bail-Outs (no more BO) says:

    Well, change the name of the ones foreclosing and the original lender, swap states, change the original lender from being in bankruptcy to NEVER BEING AT ALL and you have the situation that is going to be litigated in multiple BK courts in CA.

    My own has LPS and Litton generating a very late (5 years too late) single-step assignment using MERS. Now how does MERS have the right to act for a fraudulently named lender on the original Deed of Trust. The company never existed. Just HOW does MERS act as nominee for a bogus CORPORATION?

    This should be even worse than trying to assign from a company that is under BK protection.

    BNY Mellon as trustee for the CWABS 2005-10 should have made sure that they got these loans assigned back in 2005. A 2010 assignment using MERS as the nominee is ridiculous. BNY Mellon was just BNY at the time the CWABS REMIC trust was created in 2005. BNY should have verified that all mortgages were properly transferred AND that the named LENDERS had properly transferred the loans to the CountryWIde entity that was supposed to then be the A of the A->B->C->D chain of transfers. As part of that, they should have verified such points as the legal existence of the CORPORATION named as the LENDER on the mortgage documents.

    This would have caused CountryWide some heart-burn back in the ‘bubble’ time-frame. But then we KNOW that BNY was not checking ANYTHING that they were supposed to be checking per the PSA agreement.

    BNY as Trustee should be taking some major hits. Instead, investors have to SUE BNY to pressure loans such as mine be kicked out of the trusts.

    The SEC should by now have realized that fraudulent mortgages were claimed to be included in certain of the CountryWide-generated offerings listed originally on the SEC. When is any investigation going to occur on this point?

  4. l vent says:

    There should be more lawsuits like this one. My commercial property was “sold off” to a pretender lender after the foreclosure lis pens was recorded. The identity of the “new creditor” is U.S. Bank National Association, as trustee, in trust for the benefit of the Holders of Bayview Opportunity Fund REMIC 2010-2012. REMIC Certificate Series 2010-2. I think that REMIC’s could only be used for performing loans. The property is in receivership and has been for over a year so the rent money is not going to the pretender lender. There is nothing about this action on title or at the County recorder’s office. I have a bogus looking copy of an Allonge To Promissory Note, not notarized, but signed by the Senior V.P. of FIRST MIDWEST BANK, LINDA S. COUNT, and attached to a motion to substitute plaintiff . I would think that a new debtors assignment would need to be notarized and recorded on title and on the public recordings. It is a so called transfer of my property to another pretender lender. The property has been in receivership for over a year now and NO ONE TO THIS DAY has come forward with the proper docs to fraudclose or sell it. They filed a motion last month to get permission to put the property up for sale but they never showed up at court. We are leasing the place and the guy who is leasing it said they got a call from Bayview asking him for $150,000.00 cash for the place and BAYVIEW FUND ACQUISITIONS, LLC, would hold the “note.” I heard from a reputable source, that FIRST MIDWEST BANK and BAYVIEW FUND ACQUISITIONS, LLC, swapped bad loans. Can they legally do that after a foreclosure lis pens has been recorded? This whole thing smells like bullshit. We have the Deed in Trust stamped paid from the recorder with tiltle insurance attached. There is also a ton of fraud throughout the entire “loan.” I do not believe that any of them have the proper docs to move this fraudclosure to the next level and the judge is taking no shit from any of them., It looks like I am going to have to go after them criminally. I called the white collar crimes division of the FBI and told them my story, they told me to file a police report.

    • I VENT – I also have issues with US BANK/BANCORP and have reached the office of Richard Davis, President CEO and been disregarded over criminal acts I reported through their ethics whistle blower email they provide that I wrote to.

      • l vent says:

        trilllionsofdollarsinfraud, These bastards have no ethics, they are diabolical and will stop at nothing to steal everything they can from the people. I spoke to a local police chief about this and he told me sometimes they send these loans out of state so they are harder to prosecute. Hard maybe, but not impossible. Have you called the FBI? They will not lie to you. Did you hear the news today? Bloomberg reported that Obama wants to replace Elizabeth Warren with an ex-bankster. They also reported thousands of layoffs are coming to Wall Street.

  5. Pamela says:

    This is great like the way it’s worded I hope all goes well!!

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