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CIVIL DIVISION
Plaintiff
V CIVIL COMPLAINT
AND
CHINA BROWN
o Wells Fargo Bank N
c A
3476 Stateview Blvd
Fort Mill South Carolina 29715
Defendants
Defendants attempts to deceive this Court and Plaintiff N Ann Piwinski Plaintiff into
entering a default judgment granting foreclosure in favor of Defendants and against Plaintiff in
Now comes Plaintiff and for her complaint against Defendants states as follows
Parties
1 Plaintiff is a resident of Union County Ohio She formerly resided at 1928 Wind River
2 Defendant Wells Fargo is headquartered at 3476 Stateview Blvd Fort Mill South
Carolina 29715
1
3 Defendant China Brown is and was a Vice President of Loan Documentation employed
by Defendant Wells Fargo
4 Defendant
s conduct occurred in Fairfield County Ohio and is in violation of Ohio
s
7 The state court of common pleas has original jurisdiction over this matter as the conduct
Factual Background
8 On or about January 19 2004 Plaintiff executed a mortgage loan with respect to the
residential real estate located at 1928 Wind River Drive Lancaster Ohio 43130 the
9 On August 6 2007 Defendant filed a complaint for foreclosure in the Fairfield County
Court of Common Pleas seeking judgment against Plaintiff and foreclosure of the
Property the Foreclosure Action The Foreclosure Action bore case no 2007 CV
00952 A copy of the complaint in the Foreclosure Action with the note and mortgage is
attached hereto as Exhibit A
2
10 In the complaint in the Foreclosure Action Wells Fargo claimed it was the holder and
owner of the note Upon information and belief this statement was blatantly false and
was known by Wells Fargo to be false at the time the complaint was drafted in that Wells
12 On November 15 2007 Wells Fargo filed a motion for default judgment against Plaintiff
and Military Affidavit the Affidavit A copy of the Affidavit is attached hereto as
Exhibit C
15 On November 20 2007 based upon Defendants fraudulent complaint and the Affidavit
16 It is well documented that for years Wells Fargo has used socalled robosigners in its
whose sole job responsibility is to sign affidavits assignments of mortgage and other
3
legal documents used in foreclosures en masse so that homeowners can be removed from
their homes by banks as quickly and cheaply as possible As a result of Wells Fargo
s
use of robosigners the Ohio Attorney General has launched an investigation into its
17 Because they are required to sign so many documents in order to effectuate cost savings
for the banks robo signers do not even read the documents containing critical statements
necessary to grease the wheels of their foreclosure mills The typical robosigner simply
attests under oath that he or she has personal knowledge of the statements made and
swears that those statements are true and accurate without even having read the
document In addition in the rush to generate these documents the robo signer will
generally sign the document outside the presence of a notary public who later notarizes
them
18 The above practices fail to comport with legal requirements thereby rendering the
documents fraudulent and invalid
19 China Brown is and was at all relevant times employed and controlled by Wells Fargo
20 Based upon the foregoing Plaintiff has reason to believe and does believe that the
a China Brown did not have custody of the documents she referred to in the
Affidavit
b The records and accounts referred to were not compiled by Wells Fargo at or near
4
c The records were not kept by Wells Fargo in the course of its regularly conducted
business
e China Brown had no personal knowledge of any of the facts she attested to
f Wells Fargo was not the holder of the note and mortgage as it claimed and
21 By giving China Brown the title of Vice President of Loan Documentation Wells
Fargo meant to mislead the Court in the above noted foreclosure action and Plaintiff into
believing she was a person with the knowledge and authority to make the statements she
22 Defendants statements that they were the holder of the note and mortgage were false
and were meant to mislead the Court and the Plaintiff into believing Wells Fargo had the
right to foreclose
23 Based upon the Affidavit and the false allegations in the complaint in the Foreclosure
24 The entire Foreclosure Action noted was contaminated by the fraud of Wells Fargo and
China Brown As a result of that fraud Wells Fargo was permitted under color of law
26 A justiciable controversy exists with respect to the following issues involved herein
a Whether Wells Fargo was the holder and owner of the note and mortgage and thus
5
b Whether the Affidavit was executed in accordance with the law and thus whether
it was valid and could be considered by the Court in the Foreclosure Action
27 It is necessary that this Court determine these issues and declare the rights of the Parties
herein
28 Should this Court determine either that Wells Fargo was not the holder and owner of the
note and mortgage or that the Affidavit was not executed in accordance with the law
then this Court should declare the entire Foreclosure Action null and void and should set
30 Defendant Wells Fargo has engaged in a pattern and practice of unfair deceptive and
authorizing and directing the filing of the Affidavit that was false and by proceeding to
pursue a foreclosure action against Plaintiff in spite of the Affidavit that was false
31 Defendant China Brown has engaged in a pattern and practice of unfair deceptive and
executing and causing the filing of the Affidavit that was false
32 Such acts and practices have been previously determined by a court in Ohio to violate the
violation after such decisions were available for public inspection pursuant to R
C
3
A
05
1345
33 As a direct and proximate result of Defendants conduct as described herein Plaintiff has
35 China Brown signed the Affidavit a which contained representations b which were
material to the foreclosure proceedings c which were made with knowledge of their
falsity and with utter disregard for whether they were true of false d which were made
with the intent of misleading this Court and opposing parties into relying upon them and
36 Through its agent China Brown and perhaps others Wells Fargo a made representations
with respect to its foreclosure case against Plaintiff b which were material to that
foreclosure proceeding c which were made with knowledge of their falsity or with utter
disregard for whether they were true or false d which were made with the intent of
misleading this Court and others into relying upon them and e on which this Court and
37 Asa direct and proximate result of Defendants conduct as described herein Plaintiff has
39 In filing the Foreclosure Action against Plaintiff Defendants set in motion a legal
Plaintiff have perverted the proceeding in order to accomplish an ulterior purpose for
which the proceeding was not designed
7
41 As a direct and proximate result of Defendants conduct as described herein Plaintiff has
46 As a direct and proximate result of Defendants conduct as described herein Plaintiff has
48 Wells Fargo and China Brown acted in violation of Baby RICO by engaging in and
participating in Plaintiff
s affairs through a pattern of corrupt activity and collection of
unlawful debt
49 As a direct and proximate result of Defendants conduct as described herein Plaintiff has
O
eo 0440
339
614
0515 fax
416
614
sherrodlaw
a
iohn
net
00785
ure Drive Ste B1
ublin Ohio 43017
Jury Demand
J She
To the Clerk please deliver a copy of the summons and complaint via certified mail
each named defendant at abItiv above tion
return receipt requested to
jthe dreyqioted
J Sherrod
9
EXHIBIT A
FAIRFIELD COUNTY OHIO
EY
iRi i
f Case No
AQ
F
Wells Fargo Bank NA
3476 Stateview Boulevard
Fort Mill SC 29715 Mac 7801 013 i 07 CV 952
Plaintiff COMPLAINT IN FORECLOSURE
vs
With Notice Under the Fair
Debt Collection Practices Act
Nicole Piwinski
1470 Mill Park Drive
Permanent Parcel No
Marysville OH 43040
1053 22927 00
John Doe name unknown spouse
of Nicole Piwinski
i
1470 Mill Park
Marysville OH 43040
Defendants
NOTICE
09
678
206 This amount is made up of your principal balance
vary from day to day the amount due on the day you pay will be
that purpose
2
receipt of this notice Lerner Sampson Rothfuss will provide
COUNT ONE
under the terms of the note and the mortgage securing same
COUNT TWO
3
2004 in
4 The mortgage was filed for record on January 23
the s
recorder records it was
Volume 1325 Page 3154 of county
is due 18
903
194 together with interest at the rate of 5
5000
court costs advances and
per year from October 1 2006 plus
mortgage be
other charges as allowed by law that s
plaintiff
adjudged a valid first lien upon the real estate described herein
and that said mortgage be foreclosed that said real property be
4
required to set up their liens or interests in said real estate or
be forever barred from asserting same
r
5
Nicole Piwinski
1470 Mill Park Drive
d
Marysville OH 43040
Marysville OH 43040
2007
SENDERS SEN
CV 00952
MMMMMEA
2007 CV 00952
O D
P000 0458 74
P000 0458 72
6
v
U
1 PARTIES
Borrower means each person signing at the end of this Note aid the person
s successors and assigns Lender
means DOMINION HOMES FINANCIAL SERVICES LTD
and its successors and assigns
s promise to pay is secured by a mortgage deed of trust or similar security instrument that is dated the
Borrower
same date as this Note and called the Security Instrument The Security Instrument protects the Lender from losses
which might result if Borrower defaults under this Note
4 MANNER OF PAYMENT
A Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
March 1st 2004 2034
Any principal and interest retraining on the first day of February
will be due on that date which is called the Maturity Date
B Place
Payment shall be nude at 5000 TUTTLE CROSSING BLVD DUBLIN OR 43016 5555
or at such place as Lender may designate in writing by notice to Borrower
C Amount
Each monthly payment of principal and interest will be in the amount of U
S 150
1
90 This amount will
be part of a larger monthly payment required by the Security Instrument that shall be applied to principal interest and
odreT items in the order described in the Security Instrument
D Allonge to this Note for Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note the covenants of
the allonge shall be incorporated into and shall amend and supplement die covenants of this Note as if the allonge were a
part of this Note Check applicable boxj
b S FAILURE TO PAY
BORROWER
A Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument as described in Paragraph
C of this Note by the end of Fifteen
4 calendar days after die payment is due Lender may collect
a charge in the amount
late of Four percent 000
4 of the overdue
amount of each payment
B Default
If Borrower defaults by failing to pay in full any monthly payment then Lender may except as limited by
regulations of the Secretary in the case of payment defaults require immediate payment in full of die principal balance
retraining due and all accrued interest Lender may choose not to exercise this option without waiving its rights in die
initials
FHA Multistate Ratc Note 12195
AAFNIG 091424101 Pap I of 2 w m
MortSageBaokinxSystvwsx
L3evetopment or nts ar ncr ucsigucc
C Payment of Costs and Expenses
If Lender has required immediate payment in full as described above Lender may require Borrower ut pay costs
and expenses including reasonable and customary attorneys fees for enforcing this Note to the extent not prohibited by
applicable law Such fm and costs shall bear interest from the date of disbursement at the same rate as die principal of
this Note
7 WAIVERS
Borrower and any odic person who has obligations under this Note waive the rights of presentment and notice of
dishonor Presentiment menus the right to require Lender to demand payment of amounts due Notice of dishonor
means the right to require Lender to give notice to other persons that amounts due have not been paid
8 GIVING OF NOTICES
Unless applicable law requires a different method any notice that must be given to Borrower under dais Note will be
given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different
address if Borrower has given Lender a notice of Borrower
s different address
Any notice that must be given to Lender under this Note will be given by first class snail to Lender at the address
stated in Paragraph 4
B or at a different address if Borrower is given a notice of that different address
9 OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note each person if fully and personally obligated to keep all of the promises
nude in this Note including the promise to pay the full amount owed Any person who is a guarantor surety or
endorser of this Note is also obligated to do these things Any person who takes over these obligations including the
obligations of a guarantor surety or endorser of this Note is also obligated to keep all of the promises made in this
Note Lender may enforce its rights under this Note against each person individually or against all signatories together
Any one person sighting this Note may be required to pay all of the amounts owed under this Note
Seal
Borrower
WITHOUT RECOURSE
DOMINION HONES rINANCIAL Seal
SERVICES LTD Borrower
SY BR C OR
Seel
TS VICE RESIDENT OPERATIONS Borrower
Seal
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EXHIBIT B
200731851
COURT OF COMMON PLEAS
CO
FAIRFIELD COUNTY OHIO
NA Case No 07CV952
Wells Fargo Bank
Berens
Plaintiff Judge Richard E
vs
Defendants
Respectfull ub itted
i
Nicole Piwinski
1470 Mill Park Drive
Marysville OH 43040
Lorelei
z
r
C
k
I
ohan
i
EXHIBIT C
COURT OF COMMON PLEAS
FAIRFIELD COUNTY OHIO LLEY
0
Case No 07CV952
Wells Fargo Bank NA
vs
AFFIDAVIT OF STATUS OF ACCOUNT
Nicole Piwinski et al AND MILITARY AFFIDAVIT
Defendants
COUNTY OF York
defendant herein
LSR200731851D46P
LSR200731851D46P2100C9
protect the property
China Brown
Vice President of Loan Documentation
No
4
a ry
Jennifer E Mosca
Notary Public
State of South Carolina
My Commission Expires
December 15 2015
EXHIBIT D
Wells Fargo to Be Focus of Ohio Foreclosure
Probe
By NAichac Riley and Margaret Brennan Oct 28 2010 12
36 PM E
i
A Wells Fargo bank branch stands on Market Street in San Francisco Photographer Noah
BergerBloomberg
i
fak
Oct 28 Bloomberg Ohio Attorney General Richard Cordray talks about the probe by
attorneys general in all 50 states into mortgage foreclosure practices and the disclosure by
Wells Fargo Co that it found flaws in court documents Wells Fargo the biggest U
S
home lender said it will file supplemental foreclosure affidavits to courts in about 55
000
proceedings after finding some statements did not strictly adhere to the required
procedures Cordray speaks with Margaret Brennan on Bloomberg Television
s
InBusiness Source Bloomberg
These people think they can play by a different set of rules Cordray said in an interview
today on Bloomberg Television
s InBusiness with Margaret Brennan It s not just
individuals who signed flawed affidavits It
s a business model designed on fraud
Teri Schrettenbrunner a spokeswoman for San Francisco based Wells Fargo said in an e
mail that none of the paperwork problems have led to foreclosures that shouldn
t have
otherwise occurred and the problems aren
t related to the quality of loan data
Attorneys general in all 50 states started a probe into foreclosure practices after court
documents surfaced showing employees signed papers without ensuring their accuracy
Bank of America Corp JPMorgan Chase Co and Ally Financial Inc suspended some
foreclosure sales or evictions pending reviews Wells Fargo said in a statement yesterday
that it doesn
t intend to stop foreclosure sales
New Prong
These disclosures by Wells Fargo will now become the focus for a new prong of our ongoing
investigation Cordray said today in a statement
He called for banks to come up with a global solution to the foreclosure crisis and said
mortgage companies don
t even know what
s going on in their own shop
They should halt foreclosures in every case with fraudulent evidence Cordray told
Bloomberg
To contact the reporter on this story Michael Riley in Washington at
michaelriley @bloomberg
net