NEVADA vs. BANK OF AMERICA CORP. | Second Amended Complaint "The Breach, Trusts Never Became Holders of These Mortgages""

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NEVADA vs. BANK OF AMERICA CORP. | Second Amended Complaint “The Breach, Trusts Never Became Holders of These Mortgages””

NEVADA vs. BANK OF AMERICA CORP. | Second Amended Complaint “The Breach, Trusts Never Became Holders of These Mortgages””

UNITED STATED DISTRICT COURT
DISTRICT OF NEVADA

STATE OF NEVADA ,

vs.

BANK OF AMERICA CORPORATION,
BANK OF AMERICA, N.A.,
BAC HOME LOANS SERVICING, LP,
RECONTRUST COMPANY, N.A.,
COUNTRYWIDE FINANCIAL CORPORATION,
COUNTRYWIDE HOMELOANS, INC., AND
FULL SPECTRUM LENDING, INC.

Excerpt:

6. In addition, Bank of America misrepresented, both in communication with Nevada consumers and in documents they recorded and filed, that they had authority to foreclose upon consumers’ homes as servicer for the trusts that held these mortgages. Defendants knew (and were on notice) that they had never properly transferred [OMITTED] these mortgages to those trusts, failing to deliver properly endorsed or assigned mortgage notes as required by the relevant legal contracts and state law.

Because the trusts never became holders of these mortgages, Defendants lacked authority to collect or foreclose on their behalf and never should have represented they could.

[ipaper docId=63614235 access_key=key-1w4o8733ipo19ki3pfxf height=600 width=600 /]

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