Superb Complaint piercing the heart of Deutsch Bank’s authority to collect money, file suit, seeking recovery of property and money through receiver and damages against the lawyers who filed the foreclosure suits

Superb Complaint piercing the heart of Deutsch Bank’s authority to collect money, file suit, seeking recovery of property and money through receiver and damages against the lawyers who filed the foreclosure suits. whittiker_v_deutsche_bank_complaint

In the United States District Court for the Northern District of Ohio, eastern Division, Case no. 1:08CV300, Judge David D. Dowd, Jr.

Whitaker v Deutsch Bank et al First Amended Complaint with jury demand

Filed by James Rosenthal, 216-781-7956, William Novak, 216-781-8700, Kenard McDuffie 216-721-9227


DBNTC has routinely filed suit against potential class-members and on many occasions received distributions from the sale of their properties without possessing legally enforceable, recorded assignment of mortgages from the actual mortgagees. Under Ohio law {EDITOR: and the laws of virtually ALL states}, “before an entity would be entitled to receive a distribution from the sale of [real] property, their interest therein must have been recorded in accordance with Ohio law.” In re Foreclosure Cases, 2007 WL 3232430, *2 (N.D. Ohio October 31, 2007) (the “Judge Boyco Decision”).

DBNTC’s pattern and practice of filing foreclosure actions in state and federal courts without the requisite legal title, while falsely stating that it had such title, and while lacking the right to engage in trust business in Ohio, constitutes a “false, deceptive or misleading representation or means” in connection with the collection of a debt, in violation of the Federal Fair Debt Collection Procedures Act, 15 U.S.C. Sec. 1692e. It also constitutes an offense against justice and public administration in violation of R.C. Sec 2921.03, and therefore constitutes a pattern of corrupt activity as required to maintain an action for violation of Ohio’s RICO statute. The defendant law firms have independent obligations to the Courts in Ohio and to the plaintiffs not to engage in such misconduct, but they have nevertheless served as the vehicle through which DBNTC has perpetrated its deceptive and unauthorized conduct.

All of the defendants are “debt collectors” as defined in 15 U.S.C. 1692e, because they regularly use instrumentalities of interstate commerce, and the mails, in attempting to collect, directly, or indirectly, debts owed or due or asserted to be owed or due to another, namely the actual lenders, mortgagors, and certificate-holders under the above-referenced pooling and servicing agreements. Upon information and belief, the defendant law firms regularly represented defendant DBNTC in suits against potential class members to collect on notes and foreclose on mortgages.

Upon information and belief, there remains no record in the lawsuit of any assignment from First NLC Financial Services, LLC to Argent Mortgage Company, LLC and Defendant failed to establish a complete chain of assignment from the originator to the person assigning the mortgage to DBNTC.

Notwithstanding the patent defect in the chain of assignment of the note and mortgage, foreclosure was granted to Defendant DBNTC, and the property was sold to the Defendant at sheriff’s auction in January, 2008.

…From the perspective of the “least sophisticated consumer,” a lawsuit by a national banking association on a debt acknowledged to be owed would be presumed to be valid insofar as the bank’s standing and authority are concerned.

In foreclosing on plaintiff’s homes, the defendants:

  1. made false, deceptive and misleading representations concerning DBNTC’s standing to sue the plaintiffs and its interest in the debt;
  2. falsely represented the status of the debt, in particular, that it was due and owing to defendant DBNTC at the time the suit was filed;
  3. falsely represented or implied that the debt was owing to DBNTC as an innocent purchaser for value, when in fact, such an assignment had not been accomplished;
  4. threatened to take action namely engaging in collection activities and collection and foreclosure suits as trustee that cannot legally be taken by then; and
  5. obtained access to Ohio state and federal courts to collect on notes and foreclose on mortgages under false pretenses, namely, that DBNTC was duly authorized to engage in such activities as trustee in Ohio when in fact it was not. {Editor’s Note: In other words, that Deutsch Bank might have been registered to do business as a banker in Ohio but it wasn’t acting as a banker and it was suing as banker. It was alleging merely that it was a trustee acting as a trustee engaged in “trust activities” and had never qualified itself to do business as a trust.}

The defendants have violated Section 2921.03 by knowingly filing complaints alleging DBNTC’s ownership of the promissory notes and mortgages when in fact it did not own the notes and mortgages, and by knowingly filing complaints as trustee in reckless disregard of the fact that Defendant DBNTC was not authorized to engage in such activities as Trustee in Ohio

Under R.C. 2735.01(A), the Court may appoint a receiver in a case such as this, involving parties “jointly…interested in any property or fund, on the application of the plaintiff.”

Defendant DBNTC and each plaintiff are “jointly interested” in the foreclosed properties, and in the funds created or to be created upon the liquidation of the defendant’s interest. {Editors’ Note: I would have said “defendant’s alleged interest.”}. Plaintiffs not only have a right to cause defendant to divest its interest in their properties, but there are charges which defendants have collected and are attempting to collect against Class members’ equity that were charged or incurred in violation of the laws described elsewhere in this complaint.

Plaintiffs request that a receiver be appointed, who shall recover from Defendant DBNTC the charges it collected from the Class, as well as any interests in real property it acquired illegally, recover fees improperly earned by the law firms, and determine the proper allocation and ownership of these funds and property interests.

35 Responses

  1. I have CitiMortgage…..they STOLE my house. They moved thru the foreclosure/sale process so fast stating that I wasn’t turning in my documents (for the “workout packet”/modification). This is NOT true and I had a Certified Foreclosure Intervention Specialist helping me who can testify in court for example that it took 4 attempts with them to get him on as 3rd party for communications.

    They re-set the sale date 3 times but each time right before the sale (which was on a Monday) they would give me (the previous Thursday – just before that weekend) another HUGE project to do such as 4th quarter P & Ls which I would do and turn in on time. They set me up to fail over and over. I got my documents in on time but not in time for underwriting for review and consider the mod. REALLY?? Sold the house back to themselves and now I’m being evicted. I want to SUE them for Wrongful Foreclosure and according to the Attorney Generals office here in Missouri that’s exactly what I should do. They said I would file a civil case.

    They referred me an attorney that does not handle this kind of case. He has referred me on… luck finding someone so now I’m on my own I guess.

    I was only behind 2 payments because I had loss of income due to the man-made flood of 2012 and evacuation and had a payment plan set up with them to get caught up. Within the time frame I tried to make both payments at one time and they refused and said (verbally) it was in default. Shortly thereafter I had a sale date.

    I have to get this case filed with a restraining order. I need pleadings. Does anyone have any they will copy/paste into an email to get me started?
    And if anyone knows an attorney in Missouri that might take this on I’d love to hear about it.
    The one listed on this site is no longer working these cases.

  2. I have a taped conversation of VP of Duetsche bank lying….telling me to discuss a forged signature on my loan with the servicer…THEY ARE JUST servicers not BANK
    PASSING THR BUCK I would say !

  3. Maher Soliman is a FRAUD
    He claims to be an ‘expert witness’ that can ‘get your house free & clear’ and banks are ‘scared of him’. I paid him $5k and he produced NOTHING of value; just inconclusive gibberish. Several attorneys and paralegals agreed with me. The cases on his ‘resume’ he gave me were phony. No involvement on his part could be confirmed and the case numbers DID NOT EXIST in these courts. Don’t waste you money or time on this fraudster, scammer & spammer. Maher is the ‘unanswered prayer’…

    Complaints about his FRAUD ACTIVITIES can be sent to:
    Calif State Attorney General Foreclosure Fraud Task Force:
    The Lawyers Committee for Civil Rights Under Law:
    The Financial Fraud Enforcement Task Force:
    The Federal Trade Commission:

    Maher Soliman, scam, Foreclosure Fraud; expert witness, fraudclosure, loan expert, fraud expert,

  4. How des this same situation apply in Florida ? Is the law the same here ?

  5. Who knows what the outcome was of the Whittier v Deutsche lawsuit is or was??

  6. To baywatch, I too had AMC, then Citi bought my loan, and immediately jacked the % 1 point! I had been injured on the job, denied my workers comp or diagnosis of my injuries ! I went 8 months without an income. I had 5 places when the market crashed. I filed for modifications on the OCWEN loan first. This house was one that the sleezy agent called me back after I had withdrawn my offer and told me “they have lowered that property to $160,000.00 ? I took the bait hook line and sinker! How stupid could I be. When I signed, the crook broker that had closed 3 loans for me in 1 year, set me up with a first & a second, telling me as soon as this loan closes we will re-write it and combine both loans and get you that low monthly I promised !!! right… Now I try to get a modification on the AHMSI and was three weeks late with the first deferred payment. Sent the second one early and got them both back and they promptly put the house in default. I sent my documents three times, each time being told I did not have enough money to get a modification. I showed them my Sisters income and that THEY pay the payment… Then I had my book keeper send my expence report showing that I have $900.00 left each month ! Next time, they avoided me for months on the phone over 500 hours on my cell. This time I get this stupid letter telling me that my “new ” payment dropped down the 1% ! This turned out to be a form letter not applying to me. Next I get a letter denying the mod due to “loss of contact?” Just how do you loose contact with the family IN the home? All this time I had been begging to just pay the payment, never mind the mod. Oh no you are in default we will not except payment. On June 10, 2009 I received a letter asking me to re- submit my doc’s for a modification. On June 24th, my hubbys b-day they slammed a “vacate the premisses” on my Sisters door ! They sent me a letter telling me that they do not have to have the note, or go before a judge, because this is a non-judicial foreclosure. When I went to a lawyer he told me “it cost a lot of money to sue these banks and they have a lot of money to fight back, that these banks have been able to do what ever they want and get away with it.” He said he could not help me. January of 2010 I received a 1098 for $90,000.00 The fair market value on this house is $60,000.00 todays market! When I wrote to the attorney general, she wrote back that her office could not find a license for AHMSI to service loans? Who knows anything about this? Can I get my house back? Do they not have to tell me why I did not get a modification? Help if you can? If not may the force be with all of you… we are many, they are few… keep fighting for our rights as Real Estate investers. What’s this primary residence only? Do they think it feels any better to loose 5 of them?

  7. Yeh Neil !! I lost the house my little Sister lives in to (Douche) Bank. They did a non-judicial foreclosure just 10 days after sending me an application to submit my docs for a modification ! They posted a vacate the premisses notice on the door and offered a one time only $ for them to move. I had given them a fifteen year lease on that house and one year later they still have not had to move. I on the other hand received a 1098 for $90,000.00 where (Douche, wrote off) the entire loan !! help? This will destroy the last 20 years of my life!

  8. Since I wondered, and looked it up, here’s a link to the PDF ruling on this case:

    All counts dismissed 2009-03-17 (Patty’s Day, no less)

  9. Neil, I find that Kramer and Kaslow are taking California cases and doing a national class action at the same time.
    What do you think of them?

  10. Does anyone have any advise on how to remove a master receiver which essentialy does everything in their power to assure my client fails the terms of the forebearance agreement ?

  11. One more thing, don’t be afraid to challenge the court, based on any decision of the court which gives MERs authority to foreclose… most cases there is the ability to re-file on your own behalf via different court venues allowed by the legal system.

    Stay Strong…..


  12. Mers is nothing more than a ‘nominee’ of this fraud and has NO STANDING to Foreclose on any real property …..Please research some case law on this…..goggle “Mers Standing to Foreclose”.

    Basically, they are NOT the “Holder in Due Course” of the the actual Mortgage Note and are using the Deed of Trust as a means to do so. In order to foreclose, the Note and the DOT must be presented in a court proceeding, by the party trying to foreclose…..each goes ‘hand in hand’, one is the security (Note) and one is the promise to pay (DOT) and without a Note endorsement to ownership as in, “Holder in due course”, the DOT Cannot be used as a “single instrument” to force a foreclosure on anyone.

    Be strong enough to Push this Fact in court, its part of a great learning experience, don’t be afraid of the Court or the Opposition Attorneys!


  13. If only I can find an Attorney in Illinois that understands whats really going on.

    MERS was definitely on my Lis Pendens. I

    ‘ve lost my home and I may sound crazy, BUT I want to go for it and pettition the judge to vacate the sale and return everything back to right before their first filing of lis pendens and force the lender and MERS to show proper ownership.

    It only takes one case to set a precedence!

  14. […] Superb Complaint piercing the heart of Deutsch Bank’s authority to collect money, file suit, seeki… […]

  15. My mortgage originated from Argent, was transferred to Ameriquest, then to AMC, then sold to Citi and then sold to AHMSI. I’ve tried to get a permananet modification, as I am underwater 50% (304k / 150k) and have an ARM that resets every 6 months to Prime + 6.
    Citi gave me a temp interest reduction mod for 1 year, but that has long expired.

    DBNTS is the trustee of my securitized note. I am not late on payments and never have been.

    How do I know that the servicer has rights to collect my payments? How do I know that my note is real or locatable? Is there a way to find out?

    I’ve ordered a title search, but it won’t be back for 3 days and even then I have no idea what I am looking for.

    Is there anything that I can do? What if I’ve been making payments for 5 years to a party that has no rights to collect payment? Can I sue for that money back?

    The sleazy mortgage broker from argent pormised to refi me is 2 year to a low fixed rate as long as I fixed my credit, which I did. When I called him back 2 years later he said sorry, can’t do it. You’re last refi was an 80/20 and you have no more equity. wtf.

    Yes, I should have been more diligent, but this guy was the supposed expert. What is the point of going to a professional if you can’t trust them anyway?

  16. Are there any attorneys that get it! In KANSAS? I checked the list and could not find one. I would like to locate local counsel.

    Please let me know.

  17. usedkarguy:

    Thanks. I’m going to switch back and forth between this site and the SEC site as I write this.
    15-15d filed on 1/30/2006. That’s the last entry and don’t know where it goes from there. Can’t find the Ex-99. Went through 219 page prospectus (damn!) and it appears it was filed on 10/25/2005. My loan closed 8/1/1005. Interesting. Found this tucked away in it:

    This prospectus relates to Mortgage Pass-Through Certificates, which
    may be sold from time to time in one or more series by the depositor, CWALT,
    Inc., on terms determined at the time of sale and described in this prospectus
    and the related prospectus supplement. Each series will be issued under a
    separate pooling and servicing agreement to be entered into with respect to each
    series. The certificates of a series will evidence beneficial ownership of a
    trust fund.

    How about the tax status of the trustee when claiming to “own” the mortgages? Wouldn’t they have to be paying interest earned tax?

  18. Kevin, go back and find your “deal” (trust) on the SEC site and look for “owner relationships”. I think the 1515D is notice that the trust is “closed”, and suspends reporting, and references the closing date. The EX-99 should have the “collateral sheets”, listing all the loan numbers, zip codes, insurance, FICO at origination, etc.

  19. My foreclosure notice lists BONY as the trustee for blah, blah, blah CWALT ALT series 2005-j12. When I search this at the SEC site the last filing date I see is 3/25/2006. Does this indicate that the trust has dissolved? Again, how do I look for my actual loan on the site?

  20. I love this site..never used this type of thing before.

    My nightmare with Fidelity National, First Magnus, Countrywide, IndyMac FSB, IndyMac Federal, Indymac Mortgage Servicing, One West Bank FSB, Deutsche Bank Trustee and the local Honolulu law firm Rush Moore is loaded with a multitude of illegal, fraudulent and unethical practices resulting in foreclosure. It happened the day I came up with the cashiers check with the amount required by one of dozens of supposed “representatives” “Supervisors” and “The MARC group.”
    This took place May 22nd 2009…two days after the Help for Homeowners Act was signed. Why the Indymac/Onewest and Lawyer would not even acknowledge the loan mod and accept my payment remains a mystery. I have a lot of written evidence, but the final loan mod was buried.
    I called the Wash DC FDIC Ombudsman office and someone named Glan Watler was supposed to help me. He seemed like he was receptive to the facts and truth, but ultmately was innefective and seemed like he was really just an “insider” in this whole mortgage and foreclosure fraud scheme.
    My loan and Hawaii were subject to a non-judicial foreclosure. I am not sure if the federal 30 response to notice rule was in place at that time, but I received a letter from their lawyer saying I had 30 days to make a written request about the Owner, question the Amount, Dispute it, etc. However, I phoned the lawyer 4 days after receipt only to discover that it had already been published in the local paper and scheduled for the Court Auction. That ruined any chance of sale, renting, and slammed my reputation as a realtor associate [agent] and professional.
    I am trying to fight this any way possible…maybe slam a mechanics lein on the [their] deed/title for my investments into the property…It does state in the loan docs that I am responsible for the proper maintenance and effort to upkeep the value of the property…?
    Does anyone have advice for me?
    Aloha, Laura

  21. Today I beat Option One/Sand Canyon/AHMSI. Judge Ruled that Sand Canyon not a successor in interest. Given this finding, assignment to AHMSI was not good so it could not foreclose. Option One is gone so Sand Canyon and AHMSI have big problems. Point this out to your attorney.

  22. Im from California, just find out that “Deutsche Bank National Trust Comp.“ dosen`t have a licence in California to do business. I have contact them to obtain ther licence information and there was a strange resistance, also they admit that they not owning any properties and that they are only a servicing company for loans.
    I have call`t sec. of state office, dep. of corporations , dep. of financial institutios , county clerk`s office , attorney general office plus federal offices as, office of comptroller of the currency , F.D.I.C. , FEDERAL TRADE COMMISIONER , pffice of thrift supervision , and consumer protection agency , NO BODY HAVE THEM IN THEY SYSTEM AS LISTET OR LICENCE INFORMATION . That`s amaizing . EVERYBODY WHO HAS A ISSUE WITH THEM , NEED TO CALL ALL THOES OFFICES AND MAKE A COMPLAINT , THEY NEED TO HAVE NUMEROUS COMPLAINTS TO TAKE ACTION AGAINST “ DEUTSCHE BANK………. “.

  23. Is there anyway I can get a copy of this filing. I am going thru the same thing!


    By Maher Soliman

    Living lies recently posted an outstanding (according to our counsel) well prepared Motion to set aside judgment which we used to file after entry of judgment for a UD hearing that did not end up favorable. We filed six motions total to date and we are five for six when filed.


    The most recent effort to bring life back into a wrongful foreclosure was a late filing on Friday January 31th 2009. The trustor now holdover was prepared to meet her fate on the following Monday as the sheriffs order to vacate the subject dwelling was scheduled and likely to occour early in the am. We typically come back to court now no later than one month subsequent to the last court date with the motion. I understand in some circumstances you can file it years after the case has been closed by the courts.
    We filed this one after two weeks subsequent to the courts ruling against.

    The documents were filed with a half hour to go before the court closed. The trustor called to tell us she got the documents filed as were prepared and signed off by counsel last minute.

    While driving home the party was calling to inform us of her apprehensions of moving and concerns for coming to grips the party was over. Brenda Michelson from our office took the livinglies opportunity and chance to the client and was on the phone with the party as she pulled up to the home to find the order to stay the matter was already posted to her door. IT HIT! Needless to say we are going back to court in a few weeks’ and the order to stay is good through February.

    Livinglies site is not only for the skeptics enjoyment and those seeking sources of underground legal entertainment.

    Damn it people it works.

    Respect the courts as lay persons and follow procedures. If this is all new to you get an attorney to just over see you and one like Susan Rabin Esq who is willing to cooperate. That’s all and the rest should fall into place.

    Maher Soliman

  26. One more thing people, I also discovered that these assignments being filed into the Court records are actually being typed and prepared by the Servicer or Attorney’s. In my case it seems they all just got together and typed what they wanted and filed it in Court. through further inverstigation, Sue Patton and other legal representatives at Deutsche stated the property was not listed in their inventory nor the assignment that was filed in Court. I am seeking to set aside the foreclosure, the deed to the property and damages.

  27. Please let me know what happens with this case. I file suit against Deutsche and Citi residential but they have yet to respond. Deutsche has however admitted they do not own my mothers home and the home is not even listed in the series Citi Residential claimed it was in. If only I can find an Attorney in Georgia that understands whats really going on.

    I can be reached on my cell at any time at 404-975-8964

  28. Neil,

    How are you? Credibility is everything here and internet gossip and books on tape won’t replace law school. RESPECT your opposition and leave go the desire to lable the “scum” their due.

    Try and find an attorney folks. Therefore, some courtesy in a court of law is required. Also, we hope to see the Master in California this month.

    We are preparing arguments (submit to counsel ) with regards to this weeks case load and issues surrounding the NOD, Substitute Trustee and Notice of sale.

    1) NOD must be delivered to the borrower -registered mail or by other draconian method [of tapinging it to the principal dwelling on the door, window back of the trustors neck, whatever.]

    2) NOD may or may not be recorded? We say , Maybe !

    3) Also, Substitute Trustee may act as an agent and procure the NOD…no recordings yet. Trustee substituting as an agent may elect not to record the substitution (instrument) untill later.

    DELIVERY – – Notice of Intent (compliance with state and federal workout mandate) is added to the Notice of Default and substituion which the later 2 are recorded just days prior to Notice of Sale.

    They are all bundled and delivered in one lazy, derelict and easy to control service. Where the NOD is missing the assumption is actual notice and tough! Wrong if not recorded! No Notice (but ruling likley in favor of the plaintiff . Counter claims the defendant is a loser and the pen job & handwritten dated production will show up in court and demonstrate the NOD WAS delivered so tough luck).


    Audit the documents please people. The NOD will show a recording date (11/01/08) that must be 10 days prior to the date allegedly delivered to the trustor. Mandatory proof is (11/11/2008) required.

    FACT: Trustee cannot appear on the Notice of default in the “Recording area” and the “Mail to: sections. In other words the orignal trustee has vananished.

    FACT: If substitute trustee has in fact acted as the benficiary for recovery purposes IT must “record” a substitution” prior to . . .filing the NOD.

    Theres your defense and standing to argue breach and negligence by a fiduciary.

    What would you opine for folks to consider? There are more than one option. . .such as ?

    a) counter claim and injunction,
    b) action and claim in Federal courts,
    c) motion for dismissal with prejudice under a tort or fraud,
    i. seek to rescind the non judicial in favor of judial preceeding ….
    d) motion to dismiss or rescind from time of the NOD….

    Your views here

    Nationwide Loan Servicing
    Expert Witness to Counsel

  29. It’s amazing how all of these banks are intertwined. Look at my post here and you will see all of the banks.

    Look for the prospectus’ when you search for your bank at and they will show you all of the different roles. for instance this is a cut and paste from one of mine:
    Exhibit No.

    (4) POOLING AND SERVICING AGREEMENT, dated as of February 1, 2006,
    depositor (the “Depositor”), DLJ MORTGAGE CAPITAL, INC. (“DLJMC”), as
    seller (in such capacity, the “Seller”), WELLS FARGO BANK, N.A., as
    master servicer (in such capacity, the “Master Servicer”), as a
    servicer (in such capacity, a “Servicer”), as back-up servicer
    (in such capacity, the “Back-Up Servicer”) and as trust administrator
    (in such capacity, the “Trust Administrator”), SELECT PORTFOLIO
    SERVICING, INC. (“SPS”), as a servicer (in such capacity, a
    “Servicer”), and as special servicer (in such capacity, the “Special
    Servicer”), and U.S. BANK NATIONAL ASSOCIATION, as trustee (in such
    capacity, the “Trustee”). (incorporated herein by reference from
    Exhibit 10.1 of the Current Report on Form 8-K of the Issuing Entity,
    as filed with the Commission on March 15, 2006).

  30. I was again combining through my documents and I apparently had, whether by mistake or not,
    something called ‘Letter to Closing Agent’ with a statement that said ‘In addition, you are hereby notified that Bankers Trust Company, as agent for certain lenders, and a certain lessor has a security interest in the deed of trust or mortgage note. I looked up Bankers Trust and found they were bought by Deutsche Bank in the late 1990’s.

    This is the very first time I learned that my 2006 HOME123/New Century Mortgage had anything to do with Deutsche Bank Trust Co. !!

    I think I was accidentally given this doc, but it provides a lot of info and a new avenue to go down. I believe I might be able to find more of the securitization of my loan with this new Deutsche info!!

  31. This website is superb!! Kudos to all of you that make it possible!!

  32. This is great! I look forward to hearing about a superb victory!!

  33. This is just the begining. Wonderfull !!! Love it!!

  34. It is a Happy New year it is.I cannot wait to see this trustco go down and go bust

  35. I agree Neil! Bravo!

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