08-04-17 Zernik v Connor et al (2:08-cv-01550) Dkt #038 Countrywide's McLaurin False Declarations under Samaan v Zernik (SC087400)

Published on June 2016 | Categories: Types, Business/Law, Court Filings | Downloads: 40 | Comments: 0 | Views: 186
of 57
Download PDF   Embed   Report

Collection of a letter and declaration by Countrywide Home Loans, Inc - today Bank of America Home Loans branch manager Maria McLaurin, and their analysis, as file in evidence under caption of Zernik v Connor et al.

Comments

Content


Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 1 of 50
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
r--····
I
ri
'. -'
\ ., ..
...... : i':""::;
-1
(')
r'::
,; """'I
"';_. .:J
- ..
DATE: APRIL 15, 2008
No. CV-08-01550-VAP-CW
BON C. WOEHRLE, JUDGE
NOTICE OF
FRAUDULENT DECLARATIONS
BY
MARIA MCLAURIN,
BRANCH MANAGER,
COUNTRYWIDE HOME LOANS, INC:
MISIDENTIFICATION
&
MISREPRESENTATION
OF DOCUMENTS - THE
FOUNDATION OF SAMAAN'S
FRAUDULENT CLAIMS -
LIKELY TO BE DEEMED
PREDICATED ACTS PER RICO.
OIgltallysignl!dby
JosephZ.m1t
"":l. _ JJ ON: cn=J05ep1l Zemlk.
). tmlil:jzl2J45tkirthli
nk.nltl.e-\JS

10:00:14·01'00'
JOSEPH ZERNIK
Plaintiff
JI:
JACQUELINE CONNOR ET AL
Defendants
1 Joseph Zemik
2 2415 Saint George St.
Los Angeles, CA 90027
3 Tel: (310) 4359107
4 Fax: (801) 998 0917
[email protected]
5 Plaintiff
6 in pro per
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1-
NOTICE OF FRAUDULENT DECLARAnONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 2 of 50
1 TO ALL PARTIES AND THEIR COUNSELS OF RECORD:
2 PLEASE TAKE NOTICE of the following documents, numbered 1,2, and 3 below,
3 and their copies provided under Exh A, B, and C, respectively. In view of 18 U.S. Code §
4 1961 (RICO) and 18 U.S. Code §1028 (relating to fraud and related activity in connection
5 with identification documents), please note that overall, these documents evidence Maria
6 McLaurin (McLaurin), Countrywide Home Loans, Inc (CHL) San Rafael Branch Manager,
7 and CHL issuing one (1) letter and two (2) declarations between November 2006 and Aug
8 2007 for a total of three (3) separate occurrences of misidentification and misrepresentation
9 of CHL documents over a period of 10 months. These documents were filed a total of four
10 (4) times in court during that period, for a total of four (4) "predicated acts" within 10
11 months. Alternatively, the declaration in Exh C may be deemed in and of itself as numerous
12 predicated acts, since different paragraphs of that declaration are dedicated to the
13 misrepresentation of different documents. These predicated acts also served as the
14 foundation for Samaan's fraudulent claims, and also constituted acts pursuant to and 18 U.S.
15 Code § 1961 (RICO) in relationship to 18 U.S. Code §1513 (relating to retaliating against a
16 witness, victim, or an informant):
17 1) Nov 6, 2006 McLaurin Letter and Attached Document (Exh A) - signed and
18 dated Nov 6, 2006, filed in Plaintiff Samaan's Sur Reply in Opposition to
19 Defendant Zernik's Motion to Expunge Lis Pendens, heard Nov 9, 2007.
20 2) May 23, 2007 McLaurin Declaration andAttached Document (Exh B) -signed
21 and dated May 23,2006, filed:
22 a. In PlaintiffSamaan's Motion for Summary Judgment, heard on Aug 9, 2007.
23 b. In Plaintiff Samaan's Opposition to Defendant Zernik's second Motion to
24 Expunge Lis Pendens heard on July 23, 2007
25 3) Aug 3, 2007 McLaurin Declaration andAttachedDocument (Exh C) - signed
26 and dated Aug 3, 2007, filed in Plaintiff Samaan' s Reply in Support of Plaintiff
27 Samaan's Motion for Summary Judgment, heard on Aug 9, 2007.
28 Exhibits A, B, and C show McLaurin's progression from a cautious letter writer, who
NOTICE OF FRAUDULENT DECLARATIONS OF MAiUA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 3 of 50
1. Notice ofSamaan 's Fraudulent Loan Applications and their Underwriting reviewed
in greater detail the issue of fraudulent misrepresentations by Samaan and Countrywide
regarding receipt of the loan applications. That notice shows that in fact on Oct 12,2004,
This communication demonstrates that Samaan's relationship with (CHL) McLaurin,
through her husband, Lloyd, was beyond that of an arm's length mortgage applicant and a
bank manager.
At the beginning of this correspondence, on Nov 3, 2006, Lloyd suggests that a claim
be made that Zernik's signature/initials on the initial offer of Sept 4,2004 prevented final
approval of Samaan's loans. But by the end of this correspondence, on Nov 6, 2004,
McLaurin signed the letter presented first as part of the correspondence in Exh D, and again
as it was submitted in Court in Exh A, as an attachment to the Nov 6,2006 Parks'
Supplemental Declaration. Combined, Parks' declaration and McLaurin's letter
misrepresent Zernik's initials/signature as the primary or the only cause for immediate
suspension of Samaan's loan applications, on Oct 14, 2004, after their purported first ever
submission on Oct 12,2004.
Please note:
refused to either draft or sign a declaration under penalty of perjury on Nov 6, 2006, to the
2 signer of a short fraudulent perjurious, somewhat oblique declaration on May 23,2007, and
3 finally - to a signer of a fully blown, rambunctious, fraudulent and perjurious declaration on
4 Aug 3, 2007. One must recall that in November 2006 Zemik was not yet aware of any of the
5 facts listed here, but by January 2007 he already filed a complaint with the FBI listing fraud
6 by Samaan, Lloyd, McLaurin, and Countrywide, and correspondence by Keshavarzi
7 protested McLaurin's listing in Zemik's FBI complaint as a cause for actions against Zernik.
8 The following document provide evidence of the initial formative correspondence that
9 preceded these fraudulent misidentifications and misrepresentations: Nov 3-6, 2006
10 Correspondence ofJae Arre Lloyd (Lloyd, Samaan's husband), Mohammad Keshavarzi
11 (Keshavarzi, Samaan's Counsel), and Victor Parks (Parks, Samaan's Loan Broker) ( Exh
12 D).
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 4 of 50
1 Samaan's loan applications were marked as "Received" for the second time, not the first
2 time. Such applications were received for the first time being in the first week of October,
3 2004.
4 2. Notice 0/Samaan 's Fraudulent Loan Applications and their Underwriting, and also
5 Notice 0/Purchase Contract also showed that the Purchase Contract was never submitted
6 to Countrywide even on Oct 25, 2004, 5:03pm, as claimed, let alone Oct 12, or Oct 14,2004.
7 Therefore, there was no way that anybody in Countrywide could make any determination, let
8 alone decision on suspension regarding such initials/signature on that document. Indeed,
9 there is no document to that effect from 2004. Therefore McLaurin's fraudulent
10 declarations in 2006 and 2007 became imperative or Samaan's fraudulent claims.
11 3. In November 2006 McLaurin was still cautious, and she refused to sign Keshavarzi's
12 proposed declaration. Instead she signed a letter, with an attached copy of the invalid Oct
13 26,2004 Underwriting Condition/Decision Letter, misidentifying it as a valid Underwriting
14 Condition/Decision Letter of Oct 14,2004 or mid-October 2004. The Notice o/purported
15 Valid Underwriting Letter describes in greater detail the fraudulent representations
16 regarding that document.
17 4. Combined, the Nov 6, 2006 McLaurin's Letter and the Nov 6, 2006 Parks'
18 Supplemental Declaration misidentified and mischaracterized the document attached to
19 McLaurin's letter as an Oct 14,2004 or mid-October 2004 Notice of Suspension. In fact, the
20 Underwriting Letter attached to McLaurin's letter is dated Oct 26,2004, and the true and
21 correct Oct 14, 2004 notice of suspension is the Oct 14, 2004 Underwriting
22 Decision/Condition Letter attached to McLaurin's Aug 3, 2007 Declaration (Exh C). But
23 there again, McLaurin falsely misidentifies and misrepresents that document as an approval
24 letter. By Oct 26,2004, the day that this Underwriting Decision/Condition Letter in Exh A
25 was issued, Samaan's loan applications should have been terminated, had the conditions set
26 on Oct 14, 2004 by the dilly assigned underwriter - Diane Frazier were kept. But as shown
27 in the Notice ofSamaan 's Fraudulent Loan Application and their Underwriting, by Oct
28 25,2004, McLaurin assumed underwriting for Samaan's loans, and disregarded the
-4-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 5 of 50
1 underwriting conditions set by the duly assigned underwriter.
2 III
3 5. The May 23, 2007 McLaurin Declaration repeated, more explicitly, the false
misidentification of the Oct 26, 2004 Invalid Underwriting Decision/Condition Letter:
i. It falsely states ('3):
"The records that I reviewed are maintained in the ordinary course of
Countrywide's business, created at or near the time of any events In
question and stored in the ordinary course of Countrywide's business."
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6.
That statement is false and incorrect regarding the document attached to the Nov 6,
2006 McLaurin's Letter and the May 23, 2007 McLaurin Declaration. This
Underwriting Decision/Condition Letter was not part of the 2004 loan file according
to Att Shatz and Att Boock of Countrywide Legal Department in Meet and Confer in
2007. This document was never part of the first four (4) subpoena productions of
Samaan's loan file. To explain the origin of this document Countrywide's Legal
Department produced the correspondence between Lloyd, McLaurin, Keshavarzi,
from 2006.
ii. McLaurin falsely states ('4):
"In mid-October 2004, Countrywide processed loan number 81737375 for
Ms. Samaan's purchase 01320 S. Peck Drive, in the City of Beverly Hills,
California, 90212. The loan was suspended, however, because
Countrywide had not yet received a copy of the fully executed purchase
agreement. Attached hereto as Exhibit A is a true and correct copy of the
underwriting condition letter issued by Countrywide and setting forth the
basis for suspension of Ms. Samaan's loan:'
Here, McLaurin explicitly falsely misidentified the invalid Oct 26, 2004 Underwriting
Decision/Condition Letter as the one issued in mid-October 2004, that set forth the
basis for suspension ofMs Samaan's loan. The attached document is not from mid-
October 2004, and it is not the one that set forth the conditions for suspension of
Samaan's loan.
McLaurin falsely states ('4):
"Based on the information she provided .and subject to any later arising
conditions, Ms. Samaan otherwise qualified for the loans,"
As explained in greater detail in Notice ofSamaan 's Fraudulent Loan Applications
-5-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 6 of 50
and their Underwriting by Countrywide, already by Oct 6,2004, the duly authorized
2 underwriter, Diane Frazier, identified Samaan's fraudulent employment data, and also Clues
3 and Frazier both identified Samaan's loan applications as invalid - for failing to list any loan
4 fees as required (0.75%), and therefore - also listing false closing costs.
5 7. McLaurin continues and falsely states ( ~ 5 ) :
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"A fully executed purchase agreement enables Countrywide to approve
the appraisal of the property prior to approving a loan, because the terms
of the purchase agreement may affect the value of the property.
Countrywide will not approve a loan until it has reviewed and approved
the appraisal on the property for which the loan is being obtained."
Here McLaurin is trying to provide a convoluted explanation why Samaan could not
remove her appraisal contingency, when in fact she already had an appraisal that came in at
sales price. The explanation provided here, beyond being entirely illogical, is also entirely
inconsistent with the true facts in this matter. What was missing was not Countrywide's
approval of the appraisal. What was missing was a review appraisal. And the duly assigned
Underwriter, Diane Frazier, set a condition that the review appraisal would not be ordered
prior to receipt of new, valid loan applications (1003). In fact, once she removed Diane
Frazier from underwriting of the Samaan loan applications, McLaurin ordered the Review
Appraisal on Oct 25,2004, although the purported "fully executed" contract was still not
provided to Countrywide.
Yet even ordering the review appraisal, and purportedly receiving the "fully executed
contract" on Oct 25, 2004 was not sufficient for loan approval - the review appraisal did not
arrive until Nov 3,2004 (Exh E). And the Nov 3,2004 Underwriting Decision/Condition
Letter still lists the "fully executed contract" as missing. Obviously, the fax header imprint of
that document, reading receipt on Oct 25,2004 was the product of the wire/fax scheme
(explained in greater detail in xxx Notice ofPurchase Contract) and the document was not
part of the loan file even as of Nov 3, 2004.
All together, none of McLaurin's statements is supported by the real documents from
2004, since McLaurin's statements are entirely fabricated. Her statements can only be
accepted as self-standing alternative reality, different that than that documented by the true
-6-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 7 of 50
1 facts - that which is sometimes called fibulations, and here is more of repetitive fraudulence.
2 III
3 The Aug 3, 2007 McLaurin's Supplemental Declaration is replete with false and
4 misleading statements.
Branch Manager knowledge of all loans approved in her branch, and based on review after
"Loans for an amount greater than one million dollar require corporate
approval."
fees, and false employment data with no reasonable explanation.
10. McLaurin falsely misrepresents ( ~ 4 ) :
McLaurin misrepresents the Referral of Samaan's loan as a routine referral. In fact,
the referral was due to the insistence of Samaan and McLaurin on an exception - that
Samaan not pay the required loan fees of 0.75%, as required by program rules.
Here McLaurin misrepresents her acquaintance with Samaan's loan as a regular
McLaurin falsely and misleadingly states ( ~ I ) :
"I oversee all loans coming into the branch, from registration through
underwriting and funding. Based on my review of the loan file, 1 have
personal knowledge of all facts set forth in this declaration."
the fact. That was not the case at all. McLaurin assumed underwriter's responsibilities in
Samaan's loans instead of the duly assigned underwriter, and continued to do so even though
Gadi, Underwriting Supervisor, instructed her that a local branch underwriter must review
the loan applications. And she had personal communications with applicant's husband,
Lloyd, including communications regarding this particular loan applications in 2006. It
almost appears as if nobody told McLaurin that the Legal Division of Countrywide
produced to Zernik her email correspondence with Lloyd. These issues were reviewed in
greater detail in the Notice ofSamaan's loan applications and their underwriting by
Countrywide
McLaurin falsely states ( ~ 3 ) :
"When a loan is "Referred," it does not mean that there is a problem with
the loan application".
The referral of Samaan's loan application definitely meant that there were problems
with Samaan's loan applications - violations of program rules by refusing to list any loan
9.
5 8.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-7-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 8 of 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11. McLaurin falsely misrepresent ( ~ 5 ) :
"The LTV/CLTV (loan to value/combined loan to value) for Ms Samaan's
loans required an exception and corporate approval, which was received
on Oct 29, 2004."
The issue of McLaurin's Oct 25,2004 Exception Request - Branch Input (in itself a
fraudulent document) and Gadi's response on Oct 29, 2004, which was clearly not an
approval of the exception, is described in more detail in document titled: Notice of
Samaan's Fraudulent Loan Applications etc.. On the contrary - Gadi, in his reply to
McLaurin's fraudulent Exception Request, did not approve the request, and like Frazier
before him, demanded that Samaan submit new loan applications (1003) including the
0.75% loan fees.
12. McLaurin falsely states and misrepresents ( ~ 5 ) :
"Attached hereto as Exhibit "c' is a true and correct copy of the
underwriting conditions letter for loan no. 81737375, Issued by
Countrywide on October 14,2004. This letter informed Ms. Samaan's
broker that "subject to the specific conditions listed below, we will be
able to approve your loan submission"
This statement entirely contradicts McLaurin's statements in the Nov 3,2006 Letter
and the May 23,2007Declaration - that Samaan's loan applications were suspended on Oct
14, 2004, or mid-October 2004. It also contradicts the notion that the document attached to
the Nov 3, 2006 Letter and the May 23, 2007 Declaration was the true and correct Oct 14,
2004 Underwriting Letter, since now another document is represented as the true and
correct Oct 14,2004 Underwriting Letter. But the fact that Samaan's loan applications were
suspended on Oct 14, 2004 remains valid. The letter attached to this declaration is in fact a
suspension notice, as clearly noted in the upper left comer. McLaurin here is
misrepresenting it as a routine letter indicating conditional approval.
13. McLaurin misstates and misrepresents ( ~ 6 ) :
"On October 14. 20U4, we also issued a letter indicating that Ms.
Samaan's loan no. 81737375 had been suspended, pending satisfaction of
three conditions. This letter is attached as Exhibit "A" to my prior
declaration, dated May 27, 1007."
To explain the obvious contradiction between her statements in the preceding
paragraphs of instant declaration, and her previous declarations, McLaurin here again
-8-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 9 of 50
1 misrepresents and misidentifies the letter attached to her previous declaration as being on
2 Oct 14, 2004, when in fact it was clearly marked as a document issued on Oct 26, 2004. She
3 now falsely states that on Oct 14, 2004 Countrywide issued two underwriting letters to
4 Samaan: One stating conditional approval, and the other stating suspension. That McLaurin
5 could author such crooked illogical declaration, that nobody in Countrywide reviewed her
6 declarations prior to their submission in court, and that Countrywide now continues to
7 support these declarations (McLaurin is still Branch Manager in San Rafael), is explained
8 only on the background of the March 5, 2008 Opinion of Judge JeffBohm from US District
9 Court in Houston Texas and the United States Trustee (filed under separate cover),
10 describing Countrywide's litigation practices countrywide and its attorneys:
11 "have shown a disregard for the professional and ethical obligations of
the legal profession and judicial system"
14. McLaurin misstates and falsely claims ( ~ 8 ) :
This paragraph is the most burdened with false statements and misrepresentation per
lines than any in the declaration. Paper tolerates it all.
a. There is no evidence that by Oct 25, 2004 Samaan provided Countrywide with the
documents that the underwriter needed to approve the loan. On the contrary:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1.
11.
iii.
"By October 25. 2004. Ms. Samaan had prOVided Countrywide with the
documents that the underwriter needed to approve loan no. 81737375.
including a fully executed purchase agreement. Ms. Samaan's loans were
then approved by the underwriter and submitted to the corporate
department for final approval. The corporate department approved Ms.
Samaan's loans on October 29.2004."
The fax header imprint on the "fully executed" purchase agreement is
a product of the fax/wire scheme, and even the Oct 29, 2004
Underwriting Letter still lists it as missing.
There is no evidence that Samaan ever filed valid loan applications
including the 0.75% loan fees as required.
There is no evidence that Parks ever provided the Broker Certification
of documents.
-9-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 10 of 50
iv. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
There is no evidence that Samaan's mother ever provided the required
letter regarding ownership and access to the funds in the joint account.
b. Ms Samaan's loans were never approved by the underwriter on Oct 25,2004, and
never sent for corporate approval on October 25, 2004 by the Underwriter. The duly
assigned underwriter, Diane Frazier, was displaced by Oct 25,2004, and it was
McLaurin herself who sent to Gadi on Oct 25, 2004 the fraudulent Oct 25,2004
Exception Request - Branch Input (described in greater detail in the Notice of
Samaan's Fraudulent Loans and Their Underwriting).
c. Corporate Department never approved Samaan's loans by Oct 29,2004 either. Gadi's
Oct 29, 2004 Response to Exception Request is copied and analyzed in greater detail
in Notice ofSamaan's Fraudulent Loans and Their Underwriting.
15. McLaurin falsely states ('9):
"I have been informed of Mr Zernik's allegation that the October 14, 2004
suspension letter was issued on October 26, 2004 and is "an instrument
of deception." There is no merit to Mr. Zernik's allegations. The
suspension letter was issued on October 14, 2004 as evidenced by the
date on the second page. The document was printed on October 26, 2004,
not Issued on that date. This suspension letter appears to be a printout
from Countrywide's Computer program and to my knowledge is accurate
and valid. There is no requirement that such letters be signed by the
underwriter. The fact that the letter Is not signed does not mean that it Is
not valid."
On January 8, 2008, counsels for Countrywide fmally admitted in a Pennsylvania
courtroom that they filed "recreated letters" as evidence (filed under separate cover with
requestforjudicial notice). What McLaurin is describing here is the same fabrication-
"recreated letters". The document at bar was generated on Oct 26,2004, was faxed on Oct
26, 2004, bears a time stamp of Oct 26, 2004, bears a fax header imprint of Oct 26, 2004, but
McLaurin insists on falsely claiming that it is a legitimate Oct 14, 2004 document.
The document marked Oct 26, 2004 was not an Oct 14, 2004 document and cannot be
an October 14, 2004 document, if issued on Oct 26, 2004. And a second copy of same
shows that it was faxed (By whom? To whom? None of the documents is authenticated) on
Oct 26, 2004 as well.
-10-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 11 of 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
If this letter was issued on Oct 14,2004, then Countrywide should have produced the
Oct 14, 2004 letter, not a "recreated letter" of Oct 26, 2004, but misrepresented as a
document of Oct 14,2004.
16. McLaurin further falsely states ( ~ l 0):
"I have never met Ms. Samaan or Jae Arre Lloyd, and do not know them
personally. My involvement in the processing of Ms Samaan's loans was to
sign off on two conditions, which had been met: (1) condition 027, which
was met on October 25, 2004 and required Ms Samaan to provide an
acceptable explanation for the discrepancy between the business address
and the business address we found in our reverse 411 search, and (2)
condition 138, which required corporate approval of 0.750/0 to be added to
Ms Samaan's loan fees. The latter condition was an internal condition
which did not require anything additional from Ms Samaan. Both these
conditions had been met on October 25, 2004, so 1 signed off on them. 1
signed off on these conditions to ease underwriting supervisor Diane
Frazier's workload, which is not uncommon for a branch manager to do.
These sign offs were ministerial and administrative in nature."
This paragraph again is replete with false and deliberately misleading statements.
McLaurin here again states that she does not know Lloyd, in a document she signs on Aug
3,2007, but Countrywide produced her personal email correspondence with Lloyd, on first
name basis, dated from Nov 3 - Nov 6, 2006.
McLaurin here states that she only signed off on two conditions, falsely and
misleadingly misrepresenting that Frazier was still in charge of the underwriting of Samaan' s
loan applications, when in fact, Frazier was dismissed from the underwriting of Samaan's
loan applications by Oct 25,2004, and McLaurin, with help from her assistant, Kirstin Ortin
took care of that after that day.
McLaurin here confirms that Countrywide's underwriter found out about Samaan's
false employment data through the reverse 411 search. But the printout of the reverse lookup
of 411 is dated Oct 6, 2004. Therefore, if we are to believe these convoluted lies, then
Diane Frazier discovered Samaan's false and fraudulent employment data listed in her loan
application even before these loan applications were received in Countrywide.
In and of itself, this statement confirms that the whole history of Samaan's loan
applications and their underwriting provided by Countrywide Legal Division, by McLaurin,
by Samaan, by Keshavarzi, and by Parks, was nothing but convoluted fraud.
-11-
NOTICE OF FRAUDULENT DECLARATIONS OF MARlA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 12 of 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
McLaurin goes on to state that her singing off in Frazier's name was no unusual act.
But as is obvious from Mr Gadi's communication from Oct 29,2004 it was unusual enough
that he demanded that it not be repeated, and that Samaan's loan applications be
underwritten and signed off by a Branch Underwriter. And yet, even though Samaan's loan
applications were forwarded by Countrywide Home Loans, Inc, San Rafael Branch for
funding by Countrywide Bank on Jan 27, 2005, there is no indication in any of the
documents in Samaan's loan file that Diane Frazier, or for that matter - any other
underwriter ever laid eye on her loan applications or signed off on them.
But then again- on Jan 27, 2005 Countrywide Bank denied funding ofSamaan's loan
applications, contrary to the false and misleading history propagated by McLaurin, Samaan,
Parks, and Keshavarzi, and in 2007, in investigation by the Federal Office of Thrift
Supervision, in response to complaint by Zemik, Countrywide Bank stated that it would
never have funded Samaan's loan applications.
17. McLaurin further falsely states ( ~ 1 I):
"The October 14, 2004 CLUES report provides, in part, that "Reduced
Documentation is not allowed on a Non-Conforming Mega Loan••• The max
loan amount is $1,000,000 on Non-Conf ARM Fixed Period ... " This does
not mean that Ms Samaan had applied for the wrong loan."
McLaurin again engages in the practice of false and misleading statements, and
misrepresentation of financial documents. She quotes a statement, then states that theh
statement means the opposite of what the statement states.
18. McLaurin continues to falsely state ( ~ 1 2 ) :
"I have been informed of Mr Zernik's allegation that Ms Samaan did not
have 6 months reserve required for the loan she applied for. This is
incorrect. Countrywide verified that Ms Samaan had more than 6 months
reserve for her loan. This is reflected on the CLUES report for Ms
Samaan's second loan (no. 81737383) ••• "
When one CLUES report is not saying what McLaurin likes, she skips to another
CLUES report of another loan...regardless of the fact that neither CLUES report was valid.
In his Oct 29,2004 reply to McLaurin Oct 25,2004 Exception Request, described in more
detail in a document titled: "Samaan's Fraudulent Loan Applications and their
Underwriting" Mr Gadi explicitly rebuked the fact that McLaurin filed her exception request
-12-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 13 of 50
1 with no valid CLUES report, and set yet another condition -- that a valid CLUES report be
2 generated for Samaan's loan applications. Yet there is no evidence in Samaan's loan file that
3 such was ever done. McLaurin is of course aware of all of that, yet she continues to make
4 such false statements under penalty of perjury.
5 19. McLaurin again engages in misrepresentation and false and deliberately misleading
6 statements under penalty of perjury ( ~ 1 3 ) :
7 "The reference in the October 14, 2004 conditions letter to a Uniform
Loan Application (1003), does not mean that Ms Samaan had to provide a
8 new loan application"
9 Again, McLaurin fraudulently states that what the statement states is not what the
10 statement states.
11 20. McLaurin concludes her fraudulent declaration with several final false and deliberately
12 misleading statements in the fmal paragraph ( ~ 1 5 ) :
13 "Ms Samaan's loans were finally approved by the branch on October 25,
2004, and by our corporate office on October 29, 2004"
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
This is a doubly false and deliberately misleading statement. The branch never
approved the loans on October 25, 2004, and the corporate office never approved the loans
on Oct 29, 2004. In fact, on October 25,2004 McLaurin just issued an order for the required
Appraisal Review, which was to arrive on Nov 3,2004, and also on Oct 25,2004 she issued
her Oct 25,2004 Exception Request, replete with false and deliberately misleading data to
Mr Gadi. And Mr Gadi in his Oct 29,2004 reply explicitly stated that his reply was not an
approval. However, as noted above, McLaurin's declaration, under penalty ofpeIjury,
routinely states that statements are the opposite of what such statements state.
III
Dated: April 14
th
, 2008
Respectfully submitted.
) .. ~
JOSEPH ZERNIK
Plaintiff
in proper
-13-
NOTICE OF FRAUDULENT DECLARAnONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 14 of 50
1
2
3
4
STATEMENT OF VERIFICATION OF NOTICE OF
MCLAURIN'S FRAUDULENT DECLARATIONS
&
MISIDENTIFICATIONIMISREPRESENATION OF DOCUMENTS
I, Joseph Zernik, am Defendant & Cross Complainant in Samaan v Zernik
(SC087400) matter heard in Los Angeles Superior Court, West District, I am also Appellant
5
6 in Zernik v Los Angeles Superior Court: (B203063), and also Plaintiff in Zernik v Connor et
7 al (CV 08-01550) matter heard in the United States District Court, Los Angeles, California.
8
I have read the foregoing Notice ofMcLaurin's Fraudulent Declarations &
9
MisidentiflCationlMisrepresenation ofDocuments and I know the content thereof to be
10
true and correct. It is correct based on my own personal knowledge as the one who was
11
personally involved in review of Countrywide's Sasmaan's underwriting documents, the
Joseph Zernik
Plaintiff
in pro per
Executed here in Los Angeles, County of Los Ang:eles. California, on this 14
th
day in
) . ~
~
18 April, 2008.
12
Meet and Confer with Attorneys Shatz and Boock, and the one who talked directly with
13
McLaurin and with Frazier about events surrounding the underwriting of Samaan's loans in
14 2004 and the production of the loan documents in 2006. I make this declaration that the
15 foregoing is true and correct under penalty of perjury pursuant to the laws of California and
16 the United States.
17
19
20
21
22
23
24
25
26
27
28
-14-
NOTICE OF FRAUDULENT DECLARATIONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 15 of 50
1
2
Exhibit A
3
4
Exhibit B
5
Exhibit C
6
Exhibit D
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LIST OF EXHIBITS
Nov 6, 2006 McLaurin Letter andAttachedDocument
May 23, 2007 McLaurin Declaration andAttached Document
Aug 3, 2007 McLaurin Declaration andAttached Document
Nov 3-6, 2006 Correspondence ofJae Arre Lloyd (Samaan's husband),
Mohammad Keshavarzi (Samaan's Counsel), and Victor Parks (Samaan's
Loan Broker)
NOTICE OF FRAUDULENT DECLARAnONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 16 of 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
-2-
NOTICE OF FRAUDULENT DECLARATrONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 17 of 50
SUPPLEMENTAL DECLAMnONOF VICTORPARKS
Victor Parks
I, Victor Parks, state and declare as follows:
Executed on November 6, 2006 at San Diego, California.
2. Attached hereto as Exhibit 27 js a true and correct copy of the
Purchase Agreement that Mara Escrow me on October 22, 2004. The fax line on the top of
the documents shows that Mara Escrow sent it on October 22, 2004, at 3:42 p.m. This
document was not signed or initialed by the defendant
3. Attached hereto as Exhibit 28, is a true and correct copy ofa letter I
received from Countrywide Home Loans, Inc., dated November 6, 2006, conftnning that
on or around October 14,2004, Countrywide suspended the processing ofMs. Samaan's
10M because they had not yet re«ived Q copy of the fully executed Purchase Agreement.
This letter is accompanied by the actual Notice of Suspension that Countrywide sent me in
October 2004.
I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
2
3
4
1. I am a Senior Loan Consultant with Pacific Mortgage Loan
5 Consultants. I submit this declaration in support ofNivie Samaan's Sur-Reply to
6 defendant Jospeh Zemik's ("Zemik") Motion to Expunge Lis Pendens. [have personal
7 knowledge of the facts set forth herein, which are known by me to be t:nLe and correct, and
8 if called as a witness, [ could and would competently testify thereto.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
VOLUME II; SAMAAN V ZERNIK; page #484
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 18 of 50
11Counbyvvide·
AMEMICA'SWHOUSALE LENDeR
R""AtL cuI\N)I\ATF. C"",·r.1l.
7 SO ST"-I5F..T. :=;u...·\l 110
SA.... RAr."St. C':J\I.IFOKNIA 94901
(41S) 257·2700
{41 "i) 2. 59.01166 r ..."
N ember 6, 2006
Vi or Parks
Pa Hie Mortgagt Consullant$
Re Nivie Samaan
Loan Number 81737375
Property address: 320 S Peck Dr
Beverly Hills, CA 90212
Th s is to confinn that CountryWide Home Loan:! processed the above referenced
m rtgllge application on or around October 14, 2004. The loan was Suspended pending
re ipt of a copy of the fully executed purchase agreement. Attached is a copy of the
Ie r issued by CountryWide Home Loans.
VOLUME II; SAMMN V ZERNIK; page #500
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 19 of 50
-.... .,
.... tllle ...., P'-CllI"'-t uJI at t,.. pllone nUlOb... ••
n.n bean at the tor
'IVICl.'TV
to.OO I 90.00
0lo0o ....
0.000
"'-"'-.......,
No. or MO•• 0
OWWIR occunBO

WI"
'1U
MICIIAE1. JAICS O·IUlII.l.Y 01),
IlORTGMI COI<8CLTAlnS
_IIlIl
0.000
---
1.'71',000.00


__I
e.-_,
Lock bpi..acion
patel
_....
5,500
rona AlDI rl¢....
T_i
_JiO • reCK DJl
,evanY RtJ,W, CA
'OaU-)71S
sn
.£..Jlt.
loan II•• SU'.END&D unail t.he tollovinf In .. rovided... recetve
10/25/200•• II dG not. ...c.ivo it. aha. cAta. we clo•• t.ha lLl.
Whan.a receive 1.'0..-..10., ve Wl11 ravlev aha Lila toe lueth...
l<JUna,10n.
&JIeh •• oooa'"
o ItNla'l' sn 110
ftAfAaL, CA '.'01
_, 1415) 257-Z701
-----------------------..----------------------_... _--_.... -------...-
Ceo.,. "!'P'....aJ. ...... te.. .. • __ ....""_ vI .1S••_ ca .
.... • '":1 CIOfWlI"'lOft_, ••..,..,s..". eow ... alOftlll
aU c....euu"". 111 C..l ..l.l....'.
a "".1el.,.. t_ be GGrr-at-d to __ . '?5. IldfI ",0 t .. '.1' ,ttl.....haA.....
• ...,."c....... P.....a.\
J ••ovJ,... CCIIIt!'l.t:••1II"U'tW •••ftcru' ....CE_
wiJ.1. n." ........
0::1"" ,_"". viiI'" _de ..VUJaW...he" 'he (.11_."0 ..lWIlC._. a.. -\.
C.IWI !oft •
.._----_.-._-----------_.. __...--.-....._-
niUl llEV%a ('I'D .111'_1 , ,
51.11,,000 proor_ QIl14011J>a at ea.' Co brvr. vUJ ard9" .nor
.,........81 lamar...
100J tAT J.Oar-lIt-1llU'
.1109 type ot bu'l.....
(Pa9t 1 aC 2 10/26/2001 10,44,'1)
Wl.O

-
, 0" rs",saaaOaZIZ'"
.._- ...------------
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 20 of 50

...-.....:, _
"Ul be Atol. to tv"., 'I"'" 1..... ""....h tollowin. cor",UU"". Uo Nt .. It_ ..111 .100 .ppou
yea. oloelft9 In'ChdleM) I
'''eft e...4i.'..... D•••/r:.-.n;f:
-_..---------_._--_.....__..._---._-----_._-----.. _------.-.
CIIL/.. r.I'..u\U>.I. '"IN v.w.-'_I
AI ...& rlUl I' U/2 ,,,.vl.... •..,; ......_«
..... u.U....- UI.D TO cuaaDT 10%__
.I'.. .l•• &It ••c. ot coloI' phOCo.
, ._- can ar '111'1' HCIlICAOI: JlO'fII
cOll.... rnnt. do.. with 2..... n 71.00 , " ....ide not.
II veu fOlf .va-J.&'tlnv 1w'C ),0-.. 't'o eMlftt.rywJ.de, }act-1.ea'. lI",-l••No. 1.4nd4'Ef II••1... -.....1.'..
..,.1ao••.
10/11/2604
....--.--.------------...-----
Dao:.
._-.... ....------------
lUo.. lIlooc/e:-U
-------------------...---------._-..-------..---_.._----------...
__IfIIln'al agcpLNIA'I'I"" _J1IlI _
•• """ lliUe.1ne•• 1., '1.1 •• I., Clft 122' ••
..1e.....' X,tA,
v.r.I'I "aac \WI ge'po.lc. wi .,crow wI ",1.tl"
r.revt .... 03' wa1n••• lJ.CoM' •• or C'PA l.t.c.r %11" 1.... 2
,n 10fO ' .... ••11 -.plo1"' 0_ ...
llI' II" ... tow 1112 thr\l tin at 0110.
IP.q_ of 2 10; ••

_I'"
VOLUME II; SAMAAN V ZERNIK; page #502
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 21 of 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBITB
-3-
NOTICE OF FRAUDULENT DECLARAnONS OF MARIA MCLAURIN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 22 of 50
DQdoranon ot- Marla MclQurln
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 23 of 50
1
2
3
DECLARATIONOF MARIA McLAURIN
1., Maria Mclaurin, declare as follows:
4
t. I amthe branch manager for the San Rafael branch ofCountrywide
5 Home Loans, Inc. ("Cowterywide"). the branch that processed the loans for which Nivie
6 Samaan applied to purchase the property at issue in this case (designated as Countrywide
7 Joan numbers 81737375 and 81131383). 1have personal knowledge ofall facts set forth in
8 this declaration. and ifcaned as a witness could and would testify competently thereto.
9
J0
2. I reviewed Comurywide's records concc:ming Joan numbers 81737375
11 and 81737383. Among other records, I revicwed copies ofCountrywide's loan origination
12 files, including the loan applications, underwriting documents and correspondence
13 concerning thesc lollns. The records that rreviewed arc maintained in the ordinlllYcourse
14 ofCountrywide's business. created at or near the time ofany events in question and $lORd
t 5 in the ordinary course ofCountrywide's business.
16
17
3. Based on my review ofthe n:cords associated with these loans. I
18 know the following to be true ofmy own knowledge.
19
20
4. In mid-October 2004, Countrywide processed loan number 8J737375
21 for Ms. Samaan's purchase 0020 S. Peck Drive. in the City ofBeverly Hills, California,
22 90212. The Joan was suspended, however. because Countrywide had not yet received a
23 copy of the fully executed purchase asreement. Attached hereto as Exhibit Ais a true and
24 correct copy ofthe wtderwriting condition letter issued by Countrywide and setting forth
25 the basis for suspension of Ms. S a m a ~ m ' s loan. Based on the information she provided and
26 subject to any later arising conditions, Ms. SamslUl otherwise qualified tor the: loans, and jf
27 all underwriting and lender conditions were met. including the receipt ofa fully executed
28 purchase agreement, Countrywide would have processed the loans.
0714319285 2
_1_
DECL/\JU\nON OF MARIA Md.AURIN
I
I
I
I
i
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 24 of 50
S. Countrywide requires a fully executed purchase agreement (signed
2 and initialed on every page where applicable by both buyer and sellc:r) before approving
J and funding a purchase money Joan. Afully executed purchase agreement enables
4 Countrywide to approve the appraisal ofthe property prior to approving a loan, because
S the lerms of the purchase agreement may affect the value (Jfthe property. Countrywide
6 will not approve a loan until it has reviewed and approved the appraisal on the property for
7 which the loan is being obtained.
8
9
I declare under penalty ofperjury ofthe laws ofthe State ofCalifomia that
10 the foregoing is true and COITeCt and that this Declaration is executed on May /1, 2007 in
J1 [email protected] ,California:
12
13
14
IS
16
17
18
19
20
21
22
23
24
2S
26
27
28
,
0714319286
DECLARATIONOF MARIA McLAURIN
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 25 of 50
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 26 of 50
._------0---

1IlQNI. .... _ 'IlClnC
IllllIICiIIlIa CllII.1IL7llIftt
.
,
__
LWlCiL1\t
I n ....o...
eo I '0.00
-'"
_....
'.NO
...

11
,.".
--
--
IoOOla ZIIjOlnt;l_
",.,
,.....--
0."
.......
-

a.2M

lID lID• ., .....
--
_""liN" I I
lW.--T '---'
Jl,n..__..-u-. _ .. -.-. .-in _ MI••
-
1-I ......,..,
.....,..... IHJ IAI'

tt ..oo.n
...-0 nIUlIIf 'ft U'
11M.... CIA ",.1
t cn.) '''-2'701
__r.
....
_ ....,...-......... M , .. JlMM .....
'.'73"." _ K _ toucow"'f _ tor .-,

1-. .... _ Ili..=__Ii _ faU_ i1.
1• ..-.c.... _, _1..
..fl.".... II _ ....,
j, ..., __, __ Gl_ ... Ill.
... -.. _ ... ,.. ,.,--..... ... ..u1 _ 'Ile &U.I._ '-..
-..............
4.... 1 IC a 10/2'/10'4 ao••fl'l,
"iii! I fllIl'
·llUI
......_.. .....
-.__._---------------
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 27 of 50


.::..:::.:.::.::.:.
._....
......,;,;,... IV;,;I_.
_
...11. .. _ "'" _ - - ... _u.. __ It_ 11I11 .a.. .-

_).
... .....'
'CI 3 C.
.. _Ill'JOU.-/lOClIlPnIUI an.t.- _." _
u ... -., un,-.-. .....-_"'_It
..
1IO
_
•.-"- _ .. _U-a _" __ ......
____7A1t.
ll__
-..e- __'.---....
.__... .... ,. 'Ul'" •
__
.1
-.
_.
-

.......
"., _
&a flU. _ U _ un ...
........ a..A.
; .. .
....,.", •• _ ....... w __., _
.........:. ' .. ".,
,-... .,' ....-. u
-"LtJ.... I
,n sH" • .. ..-ll .....,.. _
lIP' .. _ Ha....N)" IN flU _ "sa • p-
2 01 :t 1012./2D04 10....·111
.... ..."' ... ""'.\'I1"'IOItOlo_.-
to a-·.·
,'!
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 28 of 50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBITC
-4-
NOTICE OF FRAUDULENT DECLARATrONS OF MARlA MCLAURlN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 29 of 50
2
3
SUPPLEMENTAL DF:CLARATTON OF MARIA
I, Maria McLaurin. declare as follows:
4
1.
Tam the b,anch mnnagcr tor the San hnmch of
5 IC\)untrywide Home Loans. Inc.. the branch th3t processed the 103/15 for which Nivic
6 ISamatlIl <Ipplit:u to pun.;hase the Prorcrty kH.:atcd at 320 S. Peck Drive. 15c
v
crly llills.
7 i CaJiforni<l 90212 (lhe "PrO('lerty") (designated as loan numbers 8 J73
7
3i5 and R
8 As part of my jon responsibililies. I oversee all loans coming into .he bnmcr. [rom
9 registration th.rough undern-'riting nne funding. on my re\,jcw of the :oan I have !
10 personal knowledge of all facts set liwth in this declaration. and i r called as a wimcss could
II and would testi I).' competently thereto.
12
131
.., I reviewed Countrywide'.,> record:; cOI1\;l;:m:
n
g loan l ?3 7';-
COLlnrry\l,ide. like most major has an Autom,llcd
14 <lnO 8173 73113. !\mong 1.l1her records. J rcviewl:u \:opics of Countrywide's loan origi:lati()11
15 tiks. including the loan applications. undenvriting. documenls, cl1l:ceming
16 these loans, Ms. Samaan's IOiJJ1 und the COllntr;'widc Loan Und.:rwriting
}7 Expert System CCLUES") r:::pNtS !()r Ms. Samaan's 1\I.ms. The reeNd:;; that I reviewed an:
18 maintained in tht: ordinary course of Countrywidl:'s business. created at or near the time of
19 any event.'> in question :.lI1d stored ir. the ordinary course 0:
I
20 '
I
21
i
22 IUnderwriting System. This :;;yslcm is calkd CLL:LS \ which st<lnas for Lo:J.r.
23 Underv,riting Expert System). The primary purposes of CT .tiES ,m: to aut01l1iltc the
24 underwriting procesS and to help evaluate anc dett:rrnir.e risk for t:ndcrwrilcr:;. IfCLU£S
25 "approve$" a 10011, some of the only remaining b::forc j;Jnding arc 5utislaction of
26 underwriting conditions and verification of applicant's documents. /\dditit1n<l1
27 conditions may arise as the loan is being processed. If u loan is not auto-approved by
28 I CLUES becau::;e it docs r.ot meet credit criteria model. tht:
I I -I J. ..-\R/I 1'101'1 or
0721501714
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 30 of 50
loan is lhi:n "Referred." A Referral can for many reasons. including, for exampk.
2 thl: 10<Jn b oul:iiOl:: of our tlr WI.: necu veri lication of addilional from
3 the borrower. The:: loar. is "Referred" to an underwriter who assesscs risk. If we do receive
4 iil CLUES appruval or the loan still must be reviewed by an underwriter. and the
5 Iloan data must he validated. The automated svstcm sets forth rules and in
I .-
6 ! helping the underv.Titel's make :hf.:ir decisions. When <l loan is "R;;iCm.:d." it do.:s not
7 mean that there u:,c prohlems Wilh loan <Jpplil.:i1lion. Ralkr, the "Referred" d.::signation
8 simply means that the CLUES bas referred a loan application (0 a:l -..:nderwrite
r
It'
9 vtlrii'y information or obl.ain corporate upproval. I: is nol uncomm()1"l fN <1 \c,an
10 application to by CU.:T::S.
II
I
12 i 4. F<'Jf !O<lIlS that involve a large amount or Illoney, including
13
1 Samaan's loan. oncc a loan is by CLUES, an underwriter will rt:view the
14
1 arrlication. will ask for any additional documents that may bo: necessary. and upon receip'
15 I of all addilional documents and sa:isfacrion of underwriting conditions and rcquirt:lll<.:nls,
16 will approve the loan and will i: to the corporate departmcnt for l:nal approval.
17 Loans for an amount Ot ";(Imhined amounl or greater than one million dollar;. l't:<.juire
18 corporate approval.
19
20
5.
In mid-O<.:loher CLeES processed Ms. Samaan's loam ;:nd
21 "Referred" Ihem to an underwritcr. TIlt: ITV.'CLn' (loan (0 loan to
23 received or. 29.2004. On OctOher :4.2004. Countrywide issued a kllcr setting
24 forth the condilions thal had w be before loan no. S1737375 could bl: :.lpproYcd.
25 Auachcd as Exhibit "C" is n trUt: and correcl copy l,;l.ll1ditiol1s
26 letter for loan no. 81737375. i!isucd by Countrywide on October 14, 2004. ietter
27 . informed Samaan's broker that "subject to the specific conditions listed below, we will
28 Ibe able to approve your loan sllbmission" '111is letter set forth 7 conditions that had w be
22 Yaluc) for M:>. Sarnaall's loans rcc:uired an exccption :ma co!"?oratc appTO\'ul. which
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 31 of 50
satisfied before the loan wa:; approved. indicaLed the rae! that on the lar lell Ol'lhc
2 document under the heading "Required prior to" it states "Approval". See Gxh. he." p.
3 SOI 17. Therc are additional conditions that had to be satisfied prior Lo tht: dr<lwing of loan
4 documents and funding of tile Joan, but these were not neccssnry for approval of rhe loan.
5 IOnce the loan is approved, and after all are mel. we proceed to draw documents
6 ;and fund the loan.
7
6.
On October 14. :l004. we also issued a lette:- indicating tl1'll ]\1:..
9 Samaan '.<; loan 110. 81737375 had been pending of three CQlldiliou:;.
10 This letter is atLached as Exhibit "X' to Illy plioI' declaration. dated May '27. 20D? Two of
II the three conditions \vere internal, penaincd to corporate upproval and pricing cNrc:;;tiol1.
i
12 1 required nothing further ITom Ms. Sal1laan. The third condition .. quiled the receipt of
13 . a ti.dly-e.'{ecutcd purchase agreement We did not receive the fully-exccuted pUfchas.:
14 agreement until OCloher 25,2004. so suspension was not lifted until that date.
15
It) :. Per the OCLOher 14.2004 Ulld.:rVvTiting condition kuc:r l.an:Jchcd as
17 Exhibit "C,") Lhere were 7 conditillns lhat had to be befor:: loan :lO. R17371:5 wa:;
18 approved. Two of these condition::: werc :ntcrnal items that were the resrflnsibility of
19 Countr;'Widc. wel'e Codcs 138 and 131): additional signantl'cs lor the loan 3nd the
20 iaddit:on 01'.75% to the b: on the lOP of lilt: Ifl3n. See Exhibit "C'" r. SO II '7. The other
1
.2 r 'rivc condifions werc thaI lhc borrov,::r had to By Oetnhcl' 25. 2()()<j. I'ds.
22 ! Samaan S3Li:>fil:J all of these conditions.
23
24
fl. By 25, 2004. Ms. $amaan had provided Countrywide with
25 the documents that the undclwriter needed to appnwc loall no. X1737375. including a fully
26 execuled agreement. I<xms were then arrrovcd by the underwriter
27 and :;ubm:lll:d to the corporale department for final The corportltc department
28 approved Ms. loans on October 29. 2004.
I
-----..:.- ._,---,--- ---..,...,.,.7""-:-::":"":'--".... _
"I 'PPl.fMr.>iT..\1. DECL,II,A'f/l)N or. :-'ll\RII\
0721501716
-
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 32 of 50
9.
I have been informed of M:-. Zernik's allegation that the October 14.
2 2004. sUSpl:nSilln Il:lll:r on Ol:lnht:r 26. 2004 and is "an instrument or
3 deception." There is 11(' merit w Mr. Zcmik'$ allegations. The suspension leITer was issued
4 on October 14. 2004. as evidenced by the date on the second page. The document was
5 printed on Octoher 26. 200.::. nor issued on that date. This suspension !ener appears tt' be a
6 !primom from Cowurywide's C011lPUler and 10 01';" knowleJge is accurate and
7 1valid. There is no requin:mem thaI SUl,;h lelh;:r:-; :-'t: by the L:nderwrilcr. The fact that
8 the document is not sigm:d doe:> not me<1n that it is not valid.
9
10
10. , neVl"r met Ms. Sama,lIl or Tae lloyd and do nm know
11 them personally. My involvement in the processing of1\1s. \WI'; (0 sign otT
12 011 two conditions. which had been met: (I) (;tmdil;nn.027. whieh \.... a:; mel on October 25.
!
I
J 3 I 2004 and required Ms. Samaul1 to provide an acceptable explanation for a dbc.:repan::y
I
14/ bCrwcCll her address and the business address we Jo:.:nd ill our reverse 4; I
15 J :md (2) cCllldition 138, which n:yuired corporate appro.... ,·J1 of. 7 ro he :laded In
16 Sllmaan's ioan fees. The laner condition :m ir,tcrn,li c('Indilioll. which did :l0[ require
17 anythillg 'H.klitiooalli·om Ms. S;.lnlaan. BOlr. ofthes..: conditions h:ld bc(.'n !llcl on October
1X 25.2004, so [ signed orf \)n thelll. Jsigned orr on th::s:.: conditit1ns l\l case underwriting
19 supervisor Diane rrazier's workload. which is nor uncommon for a hranch manager li.l do.
20 These signt1fl:':' werc ministerial ond adminisu·atin; in
21
'l? i
-- '
1/. The Octc.'hcr 14. 2004 CLUES report pl'(lVidt:s. in p:lrl. that
23 i Dor,;umentations is not allowed on u }.JorJ-Conf0I'millg Mega , , . The max l(lull
,
I
24 ; amount is $1.OIJ/J.DDll on the Non-Cont' ARM fixed Period .... " This docs nol mean (hat
2S IMs. Samaan had applied for the wrong loan. This only means thal Ms. Samaan's loan \vas
26 Ibeing transferred hy CLUES to an undc/'\·vriter for additional review and so that ;lddiliona!
27 information could be This statemenl in CLUES does not mean that Ms.
28 Samaan's loan upplication was invalid.
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 33 of 50
12. 1have been informed of Mr, Zernik':; allegalion thai Samaan <.lid
2 nOI have 6 months reserve required for the loan she applied for. 'll:is is incorrect.
3 Countrywide verified that Ms, Samaun had more Ihan 6 nWllths resen't: l()r he!' loar..
4 is reflected 011 the CLUES report lor Samaar.·s second loan (no. 8! 737383J. which
5 provides that borrower currently has 6.R2 monrhs reserves."
6
I
I
...,
I
13.
The reference in tho: October 14, 2004 conditions lener tc.' Uniform
8 Loan Application (I 003). nol lUl:aI1 lhat Ms. Samaan had to provide a new lo<:n
9 application. First, this was a condition for approvnl of loan. hut only one for
10 documents (as indicated by word "documents" under Ihe heading "Requ:rcd prior w.. al the
II len of the condilion on the second page or Ihe October 14. 2004. Second. this
12 !conditiOn was only ministelial and administrative. and illmi: meant that Ms. Samuul1 hud
13 Ito sign additional documents alier approval of the loan.
o -
l4
15
14.
CLUES did nOI nag any prohltm1s with M.s. Sall1uan's marital status.
1(, the infonnation she had provided on her loan application regarding her employment. the
17 type of business Ms, Samaan was engaged in Ill' the company Spellbound
18 Corporation.
19
10
/ I I
"
21
" ,
I I I
22
" ,
( II
")" I ' I
;.oJ
((
2 I
1'1
"I
I i I
25
1
/ ' I
(I
26
I ' ,
: (
27
i/I
28
-5- _ . .-
---.....::--'-"-,S-.UPPLf.MENTAi. lJI:.CL.,\i:V, Tlor-: OF M(LAURII>.
0721501718 6
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 34 of 50
J2
27
28 I
I
!
15. Ms. Swnaan's loans finallv approved bv the branch on O':lOber
2 125. 2004, and by our corporate office on Ocrobc, 2004. Base'd or; my reviewof' the
I
3 I tilt:. Ms. loans eouid have been approved $(l(lncr and COllnlr.:wide could have
I -
4 istarted the process or drawing the loan documents and funding the loans il' Ms. Samaan
5 had provided Countrywide with a Cully executed purchase agreement by October 14.
6 amI her loan had nor heen suspended on :hm ;;ubjcct to any additional
7 conditions. We cllulJ not approve and nmd the loans herorc Octoher 25. 2004. in parl
Xi hecause we did not have a fully executed purchase:: agreement. Based <'n (lur 25.
91 2U04 branch approval and OCloher 2Y. 2004 corporate approval, we could have I'undcc Iv);:;.
I .
10 I Samaan's loans by Novt.':mbcr I, 2004.
11
Tdeclare lIndl:r penally of reriul)' or the laws of the Slate of Californi\l lhal
13 the foregoing j:; true and corn:cl and thai this Declaration is cxeculed un August 2. :;007
14 in ,1hz KtAA'I
CA
15
16
17
18
19
20
21
22
24
25
26
__-=--6-. .-
\""V[=-=.S'='T"", ,:----- SII?PLDf EN I ,\ i nFr.IAR,\lJOr-.; OF Mil RI A MCL,\L:r{lt\
0721501719JI
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 35 of 50
aCAneh ,: ooce?))
)'SO .LrN',ARO STREET sr,; He
s...,. ......JJ:L. CA ?4901
PhQnca;
Be rvc ,.,0.:
D1ANE. fAAIltR 10fH/2004
8Jolr MICfiJ'.,!;;" O'JU:I:':'Y eM P.\C'{rJC _.
PAAJ<,S
a....
PhM.· "1)1 444-(j,U8
_.
Fa.- ;-41 '5) 4'1-4319
- #/qt, - """i,
J1eI'.-. 81137315
N;: SIJ LieI' "-!U'4 InterenOnl)"
,...... tt'URCKAS&iO'llNER OCCl/PI£D. R£Dl:CED
.., "'-. 5. '00 9WI T.-nn.
. L.QAHNoIO.J>II'I.)74.40000
LN- 80.00
3l;b'ec:c. to specihc ccndlt.ions l1sted below, we "':.11 J)(Io .C1e l:) &:P?rovQ
yc:,u" Loan ro:- ",11 pend10Cj fu\.a! "Fpco",.l. no ;rw,nge
In tile OO,,"CowftC (s) tLOdl'lC.l..: "tatu8 0(' can occur', and the cre..1.lt
.nd f1u:.t
;0 " .. y»uc ,Subll'\"s3ion clo.ed (0'1" • .t ••ny .a.r;O"'3
.0 '''e<l\J.1ced ?rLo&' LO ,-,ppco'.Ial' aU3t r.ec.e"ved W'Lthl.r. 10 Myo or
O_tc .aboV<t: •
.,.,ROVAL MP4 on: _:ntrt u:JJN:ATIOH AEn.u.:JtJIIG _
AC:lo:coptabl. e-KpLUWllon 'thy tN.""••• In i T.v.-Irae la 01\ 1;:;1 Su
:",1..
OPel: 138 OTHD COtm-:710N 1
Corp llpprovol! t'C'q'd tor ChlS .t1hance-d ."J), 044<:tC'd to
1M " Uly cond1.t.l.;J(\'. J)t'ov:d. 4 COIIIopl ..t. COP'! ....on" "'aLlI
all 1" t.r1pllcal.
hlPaCWA.;. OP£N IH. CIKE_ CONOItICN" 2
e.o I:W t.Q .hOoJ • }S\ d:JO fel; COJ" ":lh"ncrcJ
••c:.pC 101\ Pr-U91"
J.JIhoYAJ. opeN 141. O"nilCR CAo:OJTI0I "
" .. clty ,JOIc on IJctKnJ,t .1 ... / ,ollce!! v.rlt ....::8
APPROVAl. Qf£)f 1 U. OTICP CCltotTI(JJI,I ,
PN'd,4e cOIofl'l.t_ purch.a... COf:!: ... e':. l :"'It (u.;:t.10nw
"111 not dec. .. ." • aUbSO:::lfuc.r
Orr;H Ul"1JU:R ,
0)' b"'ln... 0:" CPA l.,tCot" veJ.1.fylNJ (.1_(1 ... 2
1'::' 1040's .n ".1f cerployed ._ lOCAf.lon
UPN:JYAL oPtH t H. OTaDl Cot'OrTtou I
.,. b). 'h'l: Cor 1112 thn. Ill":' ot.t HIOk
DOCVtEHTS 001" •.r:: IlT.U{a (TO :5UPPO,{1 S__'
c.<c .... «(, COI\;:tU.loa c:onl.1"Uora ltD .\\..,ct\-d 4dd.nct".. ...
I I " .
I . I I,
, : ,I


xas-latf7JOf1(1\

• 2' S •• , •

• C • t
_
c_
50117

7.s1'31S00400%C2eO·
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 36 of 50
'-'
...."
ADOEHDUU TO UNOlRWRmHG DEClSlOHICONOITlON I..ETn:R
(PAGE 2 OF> )
POC"..'Kl'ITs Of'r;11 064.
DOCUI«tr."3
0',"
If).
r"WING
0 .... DO'! .
nJlfD,n"
0'£_ 010.
ru"OiMC 07""
ou.
rUfttJlC:; 0 ..... Oll.
noco'fOG
ort. 09l.

nilE,.. 140.
$:' .. 11' .. 000 proqr.... q'ULd.l Lne die. eo.. l to' b:-c. wi L:' "'fuec
eorp, .pp.lovd
CORRZCTt.i'/$JQfr;g t;)O) ("1 1..000-U-Un;1
5ho>tf c.ype o! .....
O'T¥UI CotIo"OllJCJIt ,
Ac-c.pt..1Jl. "'OJ!. ... (or lr.d.
Al'pu.UAL-"ecept'ULz:' ::H,Lt __ IH1N Vl.1.-.I_1
11 no.. (un"• ., by 12t2 pc-ov1.Ge • d.-I..,.bV ••r •
",,"·•• TO PJIIOVtOE CWUlI:Vt' UCEl"st
r,.o"... 4-. .1.0 ." .lidl.t.i.o,..i of coloc pt-ot.o.
CDtTtrlClUlOu ntAT AU. COP1"ES, Me t1lut:. AHi) CQI'Ul.£C""':'
Ma.ec - copy or rUST ...,.rcAG£ NOn
eoncul'l'-nt. c:.lo•• v.1th 2nd .c $l'ltOe , not.
twe;:ottE .. .. tO rolU'l .'0' / 'S-Ol
OTII'I2 CQND1T ION J
CO.LJ._CT '.00 •• :" C... 1.a cevl. • ." t •• fro- bll'wc 101\
------ ---_.
50118
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 37 of 50
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 38 of 50
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBITD
-5-
NOTICE OF FRAUDULENT DECLARATIONS OF MARlA MCLAURlN, BRANCH MANAGER, COUNTRYWIDE
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 39 of 50
750 Undaro
Suite 110
San Rafael, CA 94901
Fax
To:
Fax:
From:
Time:
Maria McLaurin, Branch Manager
PhoIB
Re:
Pages:
Date:
Fax Froml
Phone:
(415) 259-0865
(415) 257-2703
DUrgem o For Review o Please Comment 0 Please Reply
• Comments:
;l?
Confidentiality Notice: The infollTlation contained in and transmitted with this communication is stricUy
confidential. is intended only for the use of the intended recipient, and is the property of Countrywide
. Rnancial Corporation or its affiliates and subsidiaries. If you are not the intended recipient, you are
hereby notified that any use of the information contained in or transmitted with the communication or
dissemination. distribution, or copying of this communication is strictly prohibited by law. If you have
received this communication in error, please immediately notify the sender by email or telephone and
delete lhe original message or any copy of it in your possession. Thank You.
".
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 40 of 50
AMERICA'SWHOLeSAlE LENDER.
SAN RAFAEL CORPORAT: CENTER
750 LINDARO STR.E-<cT, SUITE 110
SAN RAFAEL, 94901
(415) 257-2700
(415) 259-0866 F ....x
November 6, 2006
."
Victor Parks
Pacific Mortgage Consultants
Re: Nivie Samaan
Loan Number 81737375
Property address: 320 S Peck Dr
Beverly Hills, CA 90212
Mr. Parks,
Tbis is to confirm that Countrywide Home Loans processed the above referenced
mortgage application on or around October 14,2004. The loan was Suspended pending
receipt of a copy of the fully executed purchase agreement. Attached is a copy of the
letter issued by Countrywide Home Loans.
Thank You,

Maria McLaurin
Branch Manager
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 41 of 50
.----------------------:--•. _---_•..•......._ .
'. llbolesaJ.e :r,.ender
COUIfTRVWlDE HOME LOANS, INC.
JAHEs
_Tc;;\Gt CClIlSOW'AHTS
Branch" 0000933
1lr...... Ci>ntac'.: VICTOIl Pl\RIts
7:;0 LlNOARO S=!l1' sn: 110
==;;.;..c==
_
SAN RIlTAIUo, ell 94901
__
Phone: (4151257-2701
1'",,:
_Full:
IfYOUMveqtJ98llonsm>outthls 101101', plDQII9ClGntaet us at tho phone nun>l>ar above.
Loan nuD:>yr 9173'375 bean revl.eve<l at the tem.. for Nlv:tt S1.MllAA,
l.oM I'rIl!fam: IC 5/1 LDllt I\RM
POI\CH1\SI;
pl1lP"!1Jr-.:320 S PECK DR
HILl.S, Ch
90212-3713
sn
Uon_: nr.t
Cl<:l:lJpanc)'Typ6:
Doownanll:ltlon Tl1'O'
R\okGJwlo:
CN<ItSan'
toek

OlftfflR OCCUuto
REDUCIlO
N/A
723
1-._
1.374,400.00

10.500
-
2.461
All,,",,""" VIiIu.
0.00
Sl/up_
I, 7lB, 000. 00
_PIs
0,000 .
L1V!ClTV
80.00 I 90.00
Dloe Plo
0.000
.... pay__
NO,' No. of
1111e loan has been SU8P'tNORD until the follo....inq information io provided, We muSt reeeive
thie by 10/25/2004. If Y. do receive it date, we =us!: ..e the file
tor ;..noOJllpletone.o... lIfhen we receiv!: inforln4tion, we rovi...,.v the tile ,furthe.
detc;J:ro;'n.otion.
). t:D.EP .ppr;pV,al fo%' t.hla. enhanalld pt'09r.... 91/ •"'5-, aCided t;o
fflS ...ny eondtt.1OJHI, p:-o-v.\.d. ... copy plltlt49c al.Oaq IiI1t.h
.:l.1. c:ond1t.ia,uI in
2 PrJc:1D9 to be eC%r'*ce.d 1;.0 ah<M. . ')'1 add to tt:-e tor .. \itnh.noed
.ac:.rptJ..or. PZOO9"J'1lQn
3 P.ov!dlr c:omplt:t>e .)I.<;\3:'od ..aeroW' u-t:ruct.1on,
w::'.:u. pOt .. .. 4il\lb=cLtatco
APl'AAJ:SAL-ACCSI'tABLll FIELD =.,.. (m S!l?POl<T 'S l
Sl, 711.000 PJ:'oqUJI gUidQH.It.. eo.t! brv.t, will o.t"lik'r .ft..r
eo'Z'JI .PJ)t'o'V"al Cord.rw-d 10/'-5/04)
COIlIlECt1iII!SIC1lE1> J 0 OJ (AT LOClC- :DH1JlYSI
..ho. typo of bu.ialtss
(pa9. 1 of

2E2ll1.us
111111
• :I t p , •
11,111,.11,1
• oe,7'7'Tft000002E0/8,·
31,
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 42 of 50
l.oou1 t: 81737375 _.,...".:, .;.S.;.IIl"'MA1.lI=:..:...-'.:1l"IV"-U=_..,... _
We wU.l .e.bU: t:o tund your when tollonag conclitJQn3 are (the=,w ltelM "'ill &1-0 ,ppear
QP YO\Ir clo.tJh9 instXl.lction.):
ccmd.1t1.on o.eac!COGInenl;.:;:
---------------------_.. ...... _----------_.._------_... -------------..
CIllo/""" APP'iUI£J\L 111111
I.f not fundod by J.:l12 p.rQvidc- • driltcb)" oKt b" b rl!l'Ol!rt
7 1IPPRAlSAL-API'AAU!lll '1'0 rIlOVID8' CllRIl!:'"
Prov:i.de a.1.'<J an ack!t'::.1.onal &18':' of colQZ' photo.s
RIiLOC - coPy c»' FII\$T MlmroAGI' llOn:
Concurrent c:loee .i:t.11 2nd at $1'1800 f, nott'
n,ant )'OU (ox ruautt1119 your loan eo COUt'l1:.r'y'llfil1e, NIe::iCll'" MholAtaale IAndex-! W. sincerely ap-p:r.ciatfll
)'Our bD:dness.
10/1G/2Q04
nate
_.._------_... --------------------_.._--------------_:.._---_..._---_...-
"'1Ur>;EIl llKPJ.ANATIOH IU:GAIlDll<G _
Accept-able .;ocplas:ult.1on vhy oo:l1n••• in III reverse J.s 01'1 1221 so
L.I\.
ge.:r:i!y $3tll; QC\ depo.,it wi e5crow _/ voe.ri.tted
prcon.Gl: OJ' »uzsLn".1I CPJt. verl:fy1.ng last. Z
yn Ii:l :self eWlpl.oyed
.... bk .... :1:01: 7/12 thru 9/12 a ••aOle
(P.g& 2 of 2 lO:44:S2/
• W10
_.us/llloOl1

Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 43 of 50
Maria,
"Moe Keshavarzj"
<[email protected]!l
in. com>
1110612006 03:22 PM
To [email protected]
cc
bec
Subject letter
Attached please find the declaration and letter. I would really appreciate your help, as we are only asking
for the document to be authenticated. If you have any questions please let me know. If it is acceptable to
you please sign and fax it to 213-443-2910. Thanks again.
«DOC. PDF»
Moe Keshavarzi, Esq.
Sheppard Mullin Richter & Hampton, LLP
333 South Hope Street, 48th Floor
Los Angeles, CA 90071-1448
Direct Line: 213-617-5544
Fax: 213-443-2910
Email: [email protected]
This message is sent by a law firm and may contain information that is
privileged or confidential. If you received in error, please
notify the sender by and delete the message and any attachments.
Sheppard, Mullin, Richter & Hampton LLP

Please our website at www.sheppardmul.lin.com DOC.PDF
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 44 of 50
DECLARATION OF MARIA McLAURIN
2 I, Maria McLaurin, state and declare as follows:
3
4 . 1. I am the br,anch manager for the San Rafael branch
5 Home Loans, Inc., the"branch that processed Ms. Samaan's loan (loan number 81737375).
6 In or around October 14, 2004, Countrywide suspended Ms. Samaan's loan because
i Cpuntrywide had not yet received a copy of the fully executed purchase agreement
8 Attached hereto as Exhibit 30 is a true and correct copy ofthe letter that Countrywide sent
9 to Ms. Samaan's broker, Victor Parks.
10
11 I .I declare under penalty ofperjury under the laws of the State of California
12 that the foregoing is true and correct.
Executed on November 6,2006 at San Rafael, California.
/'
Maria McLaurin
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
W01-WEST:IMMKJ\40011IlS;.1
-1-
i
I
!
DECLARATION OF MARlA MCLAURlN I

Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 45 of 50
11/06/2006 12:58 FAX 2138302083
SHEPP.AHD MillJ..TN
St1r.PP;,=1rJ ;",1..:1 U\J ::::1C'"rm.; Ht..r... II,Qt-: ll..r
ATTORNEYS AT I.AW
IilJOOl
Floor I 333 $0ll1h Hope Street , Los Angeles. CA 90071-1448
213-620·1780 offICe I 213-620-1398 "'X I WWW'..:<hcppartimulhn.r:om
FACSIMILE COVER SHEET
.* THIS FACSIMJI:E TRANSMISSION WJU NOTBEMAILED ••
Date: November 6, 2006 File Number. 0100-092162
Total number ofpages:
(includiJl& l-page cover sheet)
Ifall pages arc not re<;;eived, please call
David Zasloff at 213-620-1780, Ext. 4507
T.Q:
MariaMcLaurin
From: . Moe Keshavarzi
Re: Samltlln v. Zernik
FaCKimlle No.
(877) 812-5397
Telephone No.
MESSAGE: lfyou have 3I;\Y questions, please call mc.
NOTE: THIS Mes.;;...Gf: Is I!'fTS'lPEP Or.LY FOR THE USE OF THE INDlVIOUAI. OR. EIITTITY WHICH rr IS
THIIT IS CONFlDEJ\iTlAL PoNO EXEI-IPT FROM UND APPUCAlll1: W. If THE OF THIS
MESSAE IS NOT THE INTENOeD RE;CIPIENT. OR THE EMPl.OYEE ORAGENT' RESPONSIBLE FOR OalVERING THI: TO 1l1e
RECIPIENT'. YOU I\!,{£ He\EllY NOTlFIED 'THAT AN'( DtsSEMlNATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHlBmio. IF YOU HAV£' THI:; COIIIII.lVNICATION mERROR. PLEASE NOTIFY US IMMI:DlATELY BY TElEPHON£ AND RETURN THE
ORlGII'W. MESSAOETO US ATTHEABOVE AOORESS VIA THE U.S, POSTIIl.. SERVlCl;. TIillNKYOU.
n63100702t3;ST:1MMK1\40011i054.1
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 46 of 50
11/0612006 12:56 FAX 2138302083
'-J'
COl/tfTRYWlDEJ40ME 1l'4C_
-
KrCIlAEL O'REILLlt D8:lVI'A(;'l:nc
liORTCiPoGJ: oCOlIS'CLJ:AN:rS
,: 0000;" V'IC70>'l PlIR!tS
.,10 L%ltP.iU'lo m;i\lilil';"on: 110
SlIIII RIl!1ISL, Ol 9"901 _1'Iuln.,
l'lIm\.: IHSI.257-:H01·
"... __0::
'",..oQ; tho Mane r>l>o......
'Lotm n_..r .1.731375 lIae ....... .....,.g ;& fol.lo"inl1 "er:1al! ::'.01: orIV.I1: ll>'J'W\N'
L-. ..,.,.. IIC. L!Jgt;ut(' :E8t;_lIt:Onl.y
__T"""
.s p.z;Q'; DR
, 'zu.-u.S, CA
80212-37:1.5
"'-IF'f'rp.; SPR
Uon_.... First
.--T"""

--,

:t.ock
Dn,,'
'-
1-._

$0100.,.,...
LlVlC1.Tv "
l 374 400.00 . 1.718,DOo.00 80.UO /- 90.00

eI..1_
_....
DIo<ofOk
S.SQO 0.000 O.OCO
..-
Tenn

2.461 2.2:;0 !60 No, NO. Dr: ftCa. 0
l1\.f.B looan hn been $ll'SPENDEt> "nt"1 tl>" fo1l."wLnll l.rl"oClllAt.cn La We ""'at. " ......i."",
l:l1u. by 111/2$/2.004. .... 110 not z;eceiTe it t>y 10Me d.A-t<o. _ ....... eLoee the fil"
for when we rece1ye yc" "'ill rC'View 'thl!: fil.e :for:: turthe.r
de1OaClli.....tion.
Pricing bo6 'to .h"", . 7$1. ondd t.Q tC'C" foZ' 'f.b.ts oaha{\oDlil

e:a-rpl..te I'Ut'Cfbb::'Q •
..ill ao"t. acn:. N ..

J;;IKIJ) ,"Q SUPPCl\T S-'
7).IJ,ClOO pcr6qJ:-'" .ac. "to will o:z::deor
'CDr)' _ILl. !otil=.d )CnJl04)
5 .1003 eM"
t:ho_ type of baei..tM.1l
l»a<JO 1 of J0/26/,001 l-O,H,5ll


111111...
• 0 a 11" 13 T 0041 00 Z E2 61'
0631007026)
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 47 of 50
11/06/2006 12:S6 PAX
, ......j
....,/
Ii1I003
_._,

_
We .w. 'CoO :I!"ad yOUlr 100M "".n ell.. ClOtld.J.:1.CII"'r!I. .0.):*,.,1:. W1.1J. 41-0 a1i'lPl:tu
Qn Uab:1.Jeb.£.eDiJ):
-----'---------.;--._-------..... __.. .............--------
6 lIl'PMXIlU,·I\CCEI'UIl:.S <:n/lllCtf (MIN YALo'V_>
f,f """ (......wcll>J/ l..2f'l p>;ov,f,d. ;0 .oi""l:»' &l(1; G" " ,"-"Itt
7 ...... .... i'O CIllUIDlT
:?'mY'-de 0IIr all!.. of co1.Q:f; pho'tO::Jli
81lOllBl\ =UZe.r.UOIil 'TIll\]' ilL!. ARI< nlln: :"',1>
as::r.oc W· Flt\R" tlOM";,trt:E JlO'tE
O'l.a... 1'nd .1; ;1 t p:n:rvt.&:a note
):'h.atU, ya" 'frn lJbbm.tttJ."'i youz l.oan r.o COUn'CrywJ-dllC'# t IJ IOw:IllMG.l.-c: ..
YO\lr ••••
un'/20oQ
Ilat..
COadit:.;LQll
IIlU.n:ElI EXE'L1aDTIClI R&GIUmIVG _
.aeeept:abJ..e 4!'1JPl.n"'t:iab VAy bU.fnR_ J.q .11 J,!; 01' So
M.A.
"'uri-e'y '3Dk on de.,pe:aa1.t. III e!JIc;row W' Yer1:tied.
IJO'Q'V.ide DS' llcnu'lr OJ; et" .1.wt.t.lt'!.. lilac :2
yn 10",0 I D ec:t D!lPloTeG aMle lOOoll"c;J.on
2 € 10,44.32,

--....,
0631007027 3
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 48 of 50


Hi Maria.
"Jae Arre 'J.R.' Uoyd"
<[email protected]>
11/03{200603;21 PM
To "Marta McLaurin" <[email protected]>
cc
bee
Subject Suspense from Countrywide
Here is the by Countrywide. Again, we just need a or
guideline showing that the FUlly Executed Purchase Agreement is ny
CountryWide for Final Loan Approval.
Thank you.
J.R. Lloyd Parks
310.275.5353

AIIachadl. PDF
,
\
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 49 of 50
F.'OM
:1'mOCT 262004 IJ:54/ST. :0:53/110.6334870665 p
ooulffliYWlpe ffOliE LW.M5, INC. MICllAI'I. Jl\HES O'REJ:LL1C 1)!lA PJl.ClUC
MOR'lGME COlfSUL:rANTS
SrILnch t: OJOn33
Ilr..... ""'-t .;.V;:.IC::,T;:.O:;:R:;..:?.:.AI\KS:..::;=-
_
7:>0 ),INOUO S7!Iml7 S'tl! 110
SAN RIIl'i\llL, CA 94901
IImlcor f'll<>lo:
"l>.OIll:l'
Fee
hlootfur.
UI ae the phone nuAll>er above.
L.....n n\lTllber an313n ball belln revieWed at the following "erm& for NIVIIJ SAMJ\)l/(:
_ T\,p," 1'!JRClUUla
"-'1'_320 s PltCK DR
BEIIBRL"t HtLLS I CA
90212-3715
sn
u.n PM.....: First

_T_
_tfide:
e.-Soor<I:
Expiration

OIlNER OCCUPII\O
RBrJUm;1)
N/"
723

Appt_V.Ju.
_PItco
LTVIQl.TV
l. 374. 400.00 . 0.00
1.718.000.00 eo.oo I

81a1t_ Ro........ DIsc PIs
,10. SOD
1l.500
0.000 0.000

-...
T_
""'-'!o?
2.2:10
3EO
NO, NO. 0% IIoa. 0
Thi.s lo&n has been unt.i.l the t'ollowing infcrmat10n 10 prov:i..clec::l. It. tloet. "eceive
by 10/25/2004. If.e do not it by that date. we mult elo.. the £,1"
for When we the .ill review tor turther
determination.
ContUt.ion Cond1tion Dctsc./C'OIIWIetlts
_.. _----------------_... _.._------.... _..__.. _--------_... -_......
L Corp apprQv.l Z"tKI'd fOJ; enbano.d pr09rMl vI .79' added to
( .. , .. ny ",Qnc1Jc,J.onlJ, p&ovJ.dIC oS Q=-plrte r::I)P:J packa9'f! Alopg \rI1.t.h
a.ll C;QOr1.1...J.onl .1.n t.r.1.J311eat..
2 .. n; to be C:oa:'.rect.ec1 to .how • .,!, Add l.o ft:e taz ... ..nh.ne.d
cuce-ptf.on proqz....
JllI'ov:i.cle eonpl.t••x.eu;ocl purQ'basQ ootlt:raat. oecE'CW lnstruc:tlon:s
vU.J. got •• •
I
-------...-------------------------------------------------_.._------
4
AffIlAUAL-Aca:PrAI!LIl FULl> 1U:Yma' ITO SDPPOIU" $ 1 .
$1" "118. (JOO prcq%am gulde::i1n. At to br."r. _ill o):'dor .faX'
ec.rp app.rovu (brdt!'..-M
C<lRIU<CTE1l/SmNl:D 1003 (AT LOC!<-lM-!lAT£)
.how t.)"Pt of business
(Paq., 1 of 2 10/26/2004 10<44 :51)
• ull:EflWAlTYlG0EC1lI1QN.l.':ONCIIlOl.ET!Sl·\lUl

I.
• Z, • , I •
I , I .I I I II I
I :', I": I, I
I i I 1'1 I I: ,I'
.
I' ,I II
·O,,737170D00002E2.'"
Case 2:08-cv-01550-VAP-CW Document 38 Filed 04/17/2008 Page 50 of 50

L-." 81737375
2620[4 IG:54lST. H;53/IIO. 8334870666 P
Borrow.'. _,
_
... ,.1U bo UJ..,. fund Yfnir ).001 when the: fel-lowing- =cmd1t.Lon. are taet ttt..ae will .ho Appear
on Y0'"u: c1QIS1nc;r .1n8t¥'Ue:t ;lonG) :
6 _ .....XSlI1.-lIC<:J:PUdlLE CXL/NI:W """""XfIlIl.
tt not t'undod by 12/2 pJCQvide A axe "8 .. z.eert.
7 APPRAXUJ.-Al'PMIS!:ll. 1'¢ P"""'PE <:UIlIlDl'r W""""l:
Prtrvide an .ddj.tJ.ol\«l ••t. of calVI; pnotos
9 Y.CLOe - t:OPY cr 1'1(\$1' HOMGAlU NO'1'E
C'lo8e w.i.th 2ncl at. "1''11800 , ftQt.
11, collect. $400 appra..1sAl Held .. flee b%Vl' in e,.qa:ow
Th.an);. you t:or ,ui:alittin; your lollD. 1:.0 J>.»er1c:a·s Itholeul.o IAndexr Wt APPE'lItCiat.«
your b".,;l.De•••
1D/1'/Z004

0......
'OUt tol1ol11nq conl1LeJ.ona have bt'tm anet are lbow h.re refeAfl.CI only:
Colleutlon l>*.e/C......nt.
WRzn£N JDCPJ,.AJ:UZOW RKGARDlllG _
•• Vhy I)UI!.ne•• ifl '11 revene ,J.1f 01:\ So
t .. l'h
pcovid. 0'4 buarin..IU l.!ot:o.o. or erA lett.er Wtr1fy1n'i :;I.;L.tt<l la.r. 2
1040'. o.s aelf • .-e 1.o<:4Iltion
Ill" bk .tor.: '681-4098380 for 7112 8112 at
thge 2 ot 2 lO/26/200O\ 10: 44: 52)

_,-tJA_l
Case 2:08-cv-01550-VAP-CW Document 38-2 Filed 04/17/2008 Page 1 of 7
(M01l:) NOV 6 2006 17:5
7
/ST. 1
7
:S7/NO. 6334870015 P I
750
Sui 110
San CA 94901
AMERICA'S WHOLESALE LENDER-
From: MeLBurn, Branch Manager
JIl,...... (41$) 259-0885
P. '_ L.{ P'-'e: (415) 257-2703
I

i
entlalily Notice: The infOlTTl8tlon contained in an.:J transmitted with lhi$ comlTlUlic::ation 1& &trictiy
co el'Il:ial. is nended only for the use of Iha Intended recipient, and is ltJe property of COUnlJYYAde
Fin ndaJ Corporation or its and subsidiaries. If yOu are not the intended recipient. you are
o notified that any US': QI the informatiOn contained in or traflfimitted with 1Mcommunication cr
d' 'minatlon, distribution. or copying (If this c;ommunica1ion iI atriclly prohibited by law. If YQu have
. 1his communication in error, please immediately notify the sender by email or ta\ephone and
1tle original message or any copy of it in your J)OSSession. Thank You.
j
r
I
I
I
,.
I
I'
I
o
I
I
I
I
38'l
Case 2:08-cv-01550-VAP-CW Document 38-2 Filed 04/17/2008 Page 2 of 7
FROM HOME LOANS 4
1
5-259-0365
(MON) NOV 6 ZOO: 17:57/51. 17:57/1'10. P 2
AMERICA'S WHOl.ESALE LENDER
COn.!"'Of\.ATe
750 LINt,A,T>.O STI\6I;T. S....,"e 110
SAN R.AI"ASf•.• CAI.1F'lUtNIA 94901
l+lS) 2S1.2700
(+15) 2S9·0fSOC FAX
i
V· r Parks
P :ific Mortgage Consultants
R.e iNi vie S8.DllllU1
! Loan Number 8L737375
: Property address: 320 SPeck Dr
! . Beverly Hills. CA 90212
,
Th is to confinn that Counnywide Home LollJ1l1 processc::d the llbQve referenced
rn ! gage applicatiOl\ on or around October 14, 2004. The loan was Suspended pending
r; ipt of a copy of the fully elC.ecuted purchase agreement. Attached is a copy of the
Ie issued .by CountryWide Home Loans.
r
;
I
r
I

Case 2:08-cv-01550-VAP-CW Document 38-2 Filed 04/17/2008 Page 3 of 7
750 Lindaro
Suite 110
San Rafael, CA 94901
Fax

AMERICA'S WHOLESALE LENDERII!l
To: :T0 s eeh Zu e.-/z.
Fax: ernJ ) qq1 0917
Phone:
Re:
Pages:
From:
Time:
Date:
Fax from:
Pholte:
Maria McLaurin, Branch Manager
(415) 259-0865
(415) 257-2703
oUrgent
• Comments:
o For Review 0 Please Comment 0 Please Reply
C
wtw- 1b. SeJ1tL-.
/
Confidentiality Notice: The information contained in and transmitted with this communication is strictly
confidential, is intended only for the use of the intended recipient, and is the property of Countrywide
Financial Corporation or its affiliates and subsidiaries. If you are not the intended you are
hereby notified that any use of the information contained in or transmitted with the communIcation or
dissemination, distribution, or copying of this communication is strictly prohibited by law. If you have
received this communication in error, please immediately notify the sender by email or telephone and
delete the original message or any copy of it in your possession. Thank You.
Case 2:08-cv-01550-VAP-CW Document 38-2 Filed 04/17/2008 Page 4 of 7
750 Lindaro
Suite 110
San Rafael, CA 94901
Fax
Fax: &0J) qcri ~ O'J/7
Phone:
Re:
Pages:
From:
Time:
Date:
Fax From:
Pbone:
Maria McLaurin, Branch Manager
(415) 259-0865
(415) 257-2703
o Urgent 0 For Review 0 Please Comment 0 Please Reply
• Comments:
c~ lA.n try/I..Iid. G
iJk 10. Se!'?!--.
Confidentiality Notice: The information contained In and transmitted with this communication is strictly
confidential, is intended only for the use of the intended recipient. and is the property of Countrywide
Financial Corporation Dr its affiliates and SUbsidiaries. If you are not the intended recipient. you are
hereby notified that any use of the information contained in or transmitted with the communication or
dissemination, distribution, or copying of this communication is strictly prohibited by law. If you have
received this communication in error, please immediately notify the sender by email or telephone and
delete the original message or any copy of it in your possession. Thank You.
Case 2:08-cv-01550-VAP-CW Document 38-2 Filed 04/17/2008 Page 5 of 7
I
AMERICA'S WHOLESALE LENDER·
NOTICE TO PROCESS SERVE.RS
A. Service on Countrywide and its Subsidiaries
Countrywide's corporate headquarters is located at:
4500 Park Granada Boulevard
Calabasas, California 91302
Countrywide's Legal Department Litigation In-Take Unit is located at:
5220 Las Virgenes Road
Mail Stop: AC·I1B
Calabasas, California 91302
Countrywide's registered agent for service of process in every state is
CSC The United States Corporation Company, formerly knO\VIl as The
Prentice-Hall Corporation System, Inc. The address of the CSC office
in your state may be obtained through the Secretary of State's office.
You may serve legal papers directed to Countrywide and its subsidiaries
at these locations. If you wish to inquire about any service issues,
please contact the Countrywide Legal Department at:
(800) 669-6094.
B. Service on Countrywide Employees
Countrywide is not authorized to accept personal service on behalf of
any of its employees.
If you appear at an employee's place of work, the guard or receptionist
will try to contact the employee to inform him or her of the attempted
service. It is solely within the discretion of the employee whether to
come to the lobby to accept personal service.
Case 2:08-cv-01550-VAP-CW Document 38-2 Filed 04/17/2008 Page 6 of 7
NAME. ADDRESS AND TELEPHONE NUMBER OF ATIORNEY(S)
JOSEPH ZERNIK
4215 Saint George Street
Los Angeles, CA 90027
T: 310435-9107 F: 801 998-0917 E:[email protected]
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
JOSEPH ZERNIK
v.
JACQUELINE CONNOR ET AL
PLAINTIFF(S) .
DEFENDANT(S).
CASE NUMBER
08-CY-01550-YAP-CW
PROOF OF SERVICE - ACKNOWLEDGMENT
OF SERVICE
I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of
Los Angeles, , State of California, and not a
party to the above-entitled cause. On APRIL 15 , 20 08 • I served a true copy of
PlaintiffZemik's Notice of Maria McLaurin's Fraudulent Declaration, Predicated Acts per RICO
by personally delivering it to the person (s) indicated below in the manner as provided in FRCivP 5(b); by
depositing it in the United States Mail in a sealed envelope with the postage thereon fully prepaid to the following:
(Jist names and addresses for person(s) served. Attach additional pages if necessary.)
Place of MaiIing: _--#-,...--- _
Executed on 20-,0:..;:;8 at , California
Please check one of these boxes if service is made by mail:
o I hereby certify that I am a member of the Bar of the United States District Court, Central District of
California.
o I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the
service was made.
IXI I hereby certify under the penalty of perjury that the foregoing is true and corre .
0 Person Making Service
J1t. c JJ" r A.J
ACKNOWLEDGEMENT OF SERVICE
I, , received a true copy of the within document on _
Signature
CV-40 (01100)
Party Served
PROOF OF SERVICE - ACKNOWLEDGMENT OF SERVICE
Case 2:08-cv-01550-VAP-CW Document 38-2 Filed 04/17/2008 Page 7 of 7
SERVICE LIST FOR ZERNIK V CONNOR ET AL (revised 4/6/08)
Sarah L Overton
Cummings McClorey Davis Acho and Associates
3801 University Avenue
Suite 700
Riverside, CA 92501
951-276-4420
Email: [email protected]
John W Patton, Jr
Pasternak Pasternak & Patton
1875 Century Park E
Suite 2200
Los Angeles, CA 90067-2523
310-553-1500
Email: [email protected]
Michael L Wachtell
Buchalter Nemer PC
1000 Wilshire Boulevard Suite 1500
Los Angeles, CA 90017-2457
213-891-5761
Email: [email protected]
John Amberg
Bryan Cave, LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Tel (3101 576-2100
Fax (3101 576-2200
Email: [email protected]

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close