And now for the complaint…
WENDY N. JENKINS, ELEANOR
SPRATLIN CRAWFORD, each Plaintiff
individually, and on behalf of all Georgia
residents similarly situated.
Plaintiffs,
vs.
McCALLA RAYMER, LLC, THOMAS A.
SEARS, ESQ., INDIVIDUALLY, AS AN
OFFICER OF MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC, AS AN
OFFICER OF WELLS FARGO, AND AS
AN EMPLOYEE OF McCALLA RAYMER
CHARLES TROY CROUSE, ESQ., aka C.
TROY CROUSE ESQ., INDIVIDUALLY,
AS AN OFFICER OF MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC, AS AN OFFICER OF
WELLS FARGO AND AS AN EMPLOYEE
OF McCALLA RAYMER, MERSCORP
INC., BANK OF AMERICA, N.A., BAC
HOME LOANS SERVICING, LP., fka
COUNTRYWIDE HOME LOANS
SERVICING, LP.,WELLS FARGO BANK,
N.A., PROMMIS SOLUTIONS, LLC.,
PROMMIS SOLUTIONS HOLDING INC.,
GREAT HILL PARTNERS, INC.,
MORTGAGE ELECTRONIC
REGISTRATION SYSYTEMS INC.
AMERICA’S SERVICING COMPANY,
TAYLOR BEAN &WHITAKER,
CRYSTAL WILDER, INDIVIDUALLY,
AS NOTARY PUBLIC AND AS AN
EMPLOYEE OF McCALLA RAYMER,
ELIZABETH LOFARO, INDIVIDUALLY,
AS NOTARY PUBLIC AND AS AN
EMPLOYEE OF McCALLA RAYMER,
CHIQUITA RAGLIN, INDIVIDUALLY,
AS NOTARY PUBLIC AND AS AN
EMPLOYEE OF McCALLA RAYMER,
VICTORIA MARIE ALLEN,
INDIVIDUALLY, AS NOTARY PUBLIC
AND AS AN EMPLOYEE OF McCALLA
RAYMER, IRIS GISELLA BEY,
INDIVIDUALLY, AS NOTARY PUBLIC
AND AS AN EMPLOYEE OF McCALLA
RAYMER, JAMELA REYNOLDS,
INDIVIDUALLY, AS NOTARY PUBLIC
AND AS AN EMPLOYEE OF McCALLA
RAYMER AND LATASHA DANIEL,
INDIVIDUALLY, AS NOTARY PUBLIC
AND AS AN EMPLOYEE OF McCALLA
RAYMER
Defendants.
INTRODUCTION:
1. In this Class Action Complaint, Plaintiff(s) seek, inter alia, the injunction of various foreclosure and eviction proceedings, for themselves and other similarly situated, based upon the Defendant’s routine failure to comply with statutory prerequisites to foreclosure. Plaintiffs and the class they seek to represent also seek a determination of the validity of foreclosure sales held in violation of statutory requirements, together with damages and other relief.
2. Georgia has longstanding, statutorily prescribed non-judicial procedures by Power of Sale with minimal consumer protections for homeowners. O.C.G.A. § 44-14-162 et seq. Homes are routinely foreclosed upon pursuant to the statutory Power of Sale without a pre-foreclosure hearing.
3. The law is clear, however, that entities foreclosing upon homeowners must strictly comply with Georgia’s statutory prerequisites to foreclosure. O.C.G.A. § 23-2-114. Among other things, it is black letter law that the entity seeking to foreclose must have actual legal authority to exercise the Power of Sale.
4. In recent years, many foreclosing entities, including Defendants have dispensed with this fundamental requirement. Such entities foreclose, through their Counsel, without having first obtained proper and legally valid assignment of the mortgage and the power of sale on property they purport to foreclose.
5. Georgia’s foreclosure process has become an undisciplined and lawless rush to seize homes. Many thousands of foreclosures are plainly void under statute and Georgia case law. Many borrowers never obtain accurate statutorily required notices, have flawed and fraudulently created assignments of title and thus are sold and, sometimes, resold without a proper chain of title.
6. Plaintiffs in this matter seek relief for the Defendant’s wrongful foreclosure practices and actions. They seek declaratory and injunctive relief concerning foreclosures conducted by entities who do not hold the Power of Sale, injunction of eviction action pending procedures to verify the validity of underlying sales, injunction of upcoming sales where there is no proof of assignment, cancellation of fees and costs for invalid sales processes and damages.
7. Plaintiffs seek such relief on their own behalf and on behalf of all Georgia property owners similarly situated.
FIRST CAUSE OF ACTION
WRONGFUL FORECLOSURE
SECOND CAUSE OF ACTION
WIRE FRAUD
THIRD CAUSE OF ACTION
RESPA VIOLATION
FOURTH CAUSE OF ACTION
Violation of the Fair Debt Collection Practices Act (“FDCPA”)
FIFTH CAUSE OF ACTION
CIVIL CONSPRIACY AND FRAUD (MERSCORP and MERS, Inc.)
SIXTH CAUSE OF ACTION
ILLEGAL FEE SPLITTING AND UNAUTHORIZED
PRACTICE OF LAW
SEVENTH CAUSE OF ACTION
(Great Hill Partners, Inc. and Prommis Solutions, Inc.)
EIGHTH CAUSE OF ACTION
RICO VIOLATIONS
NINTH CAUSE OF ACTION
DAMAGES
COUNT TEN- PUNITIVE DAMAGES
Full complaint below…
Georgia Foreclosure Fraud Class Action - Georgia Residents v Georgia Foreclosure Fraudsters
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