Patricia A. Mele-Krage

5708 Candor St.,

Lakewood, Ca. 90713

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

PATRICIA A. MELE-KRAGE,
Plaintiff,
v.
OCWEN LOAN SERVICING LLC; DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR INDYMAC INDX MORTGAGE LOAN TRUST 2006-AR4, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AR4; and DOES 1 THROUGH 100 INCLUSIVE,
Defendants. / )
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) / VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL
Civil Action No.

The Plaintiff, Patricia A. Mele-Krage (hereinafter referred to as “Plaintiff” or “Patricia”), as and for her Verified Complaint submitted pursuant to Federal Rules of Civil Procedure Rule 15 against Ocwen Loan Servicing, LLC (“Ocwen”), Deutsche Bank National Trust Company as Trustee for IndyMac INDX Mortgage Loan Trust 2006-AR4 (“Trust”); and “DOES 1 THROUGH 100 INCLUSIVE”, alleges as follows:

JURISDICTION AND VENUE

1. This Court has subject matter jurisdiction pursuant to the following statutes: 28 U.S.C. § 1331, providing for “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States”; and 28 U.S.C. § 1367(a), providing for “supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy.” This Court also has jurisdiction over the claims, because this case involves New York common law trusts.

2. This Court has supplemental subject matter jurisdiction under 28 U.S.C. §§ 1331, 1337(a), and 1345; under 12 U.S.C. § 5565(a)(1) with respect to CFPA claims and; under 12 U.S.C. § 2614 with respect to RESPA claims.

3. Specifically, this Court has jurisdiction of this action pursuant to 28 U.S.C. § 1331, 1343, 2201, 2202, 12 U.S.C. § 2605, 15 U.S.C. § 1692, 1681, and 42 U.S.C. § 1983 which confer original jurisdiction on federal district courts in suits to address the deprivation of rights secured by federal law, as well as the specific grants of federal court jurisdiction under the federal laws represented by TILA, FDCPA, RESPA, CCPA, the Securities Act of 33, as this is a civil action arising under the laws of the United States.

4. Venue is proper in this District under 28 U.S.C. §1391(b)(1), because Defendants are residents of, and/or conduct business in, this District. This Court has personal jurisdiction over Defendants because they are residents of, and/or conduct business in, this District, and under N.Y. C.P.L.R. 301, New York’s long arm statute. The claims also relate to Defendant’s role as trustee over a trust created under New York law and/or administered at least in part in New York.

PARTIES

5.  Plaintiff Patricia is a resident of Los Angeles County, California, and is, in all respects material hereto, sui juris.

6.  Plaintiff Patricia was the heir and beneficiary of Marie J. Mele (original borrower, henceforth “MJM”), and Plaintiff has been record title holder of the subject property since February 10, 2012 (Exhibit 7). In addition, Plaintiff, Patricia A. Mele-Krage, daughter of the original borrower, had been the attorney in fact under a durable power of attorney for Marie J. Mele from May 22, 2004 until the death of Marie J. Mele on July 12, 2006, and Patricia was successor Trustee of Marie J. Mele’s Living Trust and Trustee and Beneficiary of Marie J. Mele’s Home Trust. Plaintiff Patricia is officially Successor in Interest to Marie J. Mele (Exhibit 8) and stands in the shoulders of the original borrower for all purposes relevant in this lawsuit and would suffer loss if the property were foreclosed on.

7.  Defendant, Ocwen (Ocwen may be referred to herein as “servicer”) is a limited liability company organized and existing under the laws of the state of Delaware, and doing business in this district. They can be served with process by and through their Registered Agent at Corporation Service Company, 80 State Street, Albany, N.Y. 12207.

8.  Defendant Trust is a securitized trust organized and existing under the laws of the state of New York, and doing business in this district. Trust can be served with process on its trustee Deutsche Bank, at 60 Wall St., N.Y., N.Y.

9.  Deutsche Bank National Trust Company (“DBNTC”) is only Trustee of the Trust, and is not a Defendant itself, but must be distinguished from “Deutsche Bank Trust”, which was Assignee of the Assignment recorded 5/23/2007 (Exhibit 24), and was the named Beneficiary that initiated foreclosure by a Substitution of Trustee recorded 5/24/2007 (Exhibit 25).

10.  Defendants Does 1 through 100 inclusive are individuals or corporations that aided and abetted in the civil conspiracy to deny Plaintiff due process.

11.  Plaintiff is informed and believes, and thereon alleges, that at all times herein mentioned, each of the Defendants were the agents, employees, servants and/or the joint-ventures of the remaining Defendants, and each of them, and in doing the things alleged herein below, were acting within the course and scope of such agency, employment and/or joint venture.

GENERAL ALLEGATIONS

12.  On May 21, 1951, a Grant Deed to Louis R. Mele and Marie J. Mele was recorded in Book 36139 Page 250 Official Records of Los Angeles County, California (Exhibit 1).

13.  Louis R. Mele passed away in 1958.

14.  On May 22, 2004, Marie J. Mele granted Durable Power of Attorney to Patricia A. Mele-Krage.

15.  On or about February 24, 2006 (the “Closing”), Plaintiff Patricia’s mother, Marie J. Mele, refinanced the property located at 5708 Candor Street, Lakewood, California (hereinafter the “Property”). The Property was refinanced with a mortgage loan allegedly originated by IndyMac Bank. The alleged original beneficiary and nominee of the Promissory Note and Mortgage was MERS.

16.  On February 24, 2006, Marie J. Mele received an unsigned copy of the Notice of Right to Cancel (Exhibit 9) and a signed Copy that showed the Transaction Date of February 23, 2006 (Thursday) and a Deadline Date of February 27, 2006 (Monday)(Exhibit 10), which should have showed a Transaction Date of Friday, February 24, 2006 and a Deadline Date of February 28, 2006 (Tuesday). As a result, no valid Notice of Right to Cancel was received in 2006.

17.  Borrower Marie J. Mele had a good credit score & thus could have qualified for a fixed rate loan, but the broker got paid a Yield Spread Premium (“YSP”) to get her to accept a worse loan: Omni Funding, the Broker on the mortgage transaction, collected a YSP of more than $10,000 from Defendant Indymac. The YSP was a direct bribe to Omni for wrongfully inducing MJM into taking a loan with worse terms, higher interest rates, and higher monthly payments, than MJM would otherwise have received. It was disclosed to Marie J. Mele that her FICO score was 637, Empiricia 633, Beacon 588. Marie J. Mele stated that she wanted a fixed-rate loan, and a 637 FICO / 633 Empirica should have helped qualify her for a fixed rate loan.

18.  On or about March 6, 2006, the Deed of Trust was recorded as Instrument #2006-0475875, Official Records, Los Angeles County, CA (Exhibit 3). The first page of the Deed of Trust was altered without Borrower’s permission after signing, and before recording (Exhibit 2). MERS was named as Nominee for Indymac Bank FSB.

19.  Marie J. Mele grant deeded the property to “Marie J. Mele as Trustee of the Trust of Marie J. Mele” on March 27, 2006, which was recorded on March 28, 2006 as Los Angeles County Recorder # 06-0661953 (Exhibit 5). Patricia A. Mele-Krage was a Beneficiary and Successor Trustee of that Living Trust.

20.  Marie J. Mele passed away on July 12, 2006 (Exhibit 4). Patricia A. Mele-Krage became Successor Trustee of the Trust of Marie J. Mele upon her death.

21.  On or about March 13, 2007 (Instrument #2007 0553598 Official Records, Los Angeles County, Ca.) a Notice of Default was recorded by First American Loanstar Trustee Services. On June 13, 2007, a Cashier’s Check for $13,668.86 brought the loan current.

22.  A Rescission of the Notice of Default was recorded on June 27, 2007 as Los Angeles County Recorder # 2007-1538474.

23.  On May 23, 2007, the Deed of Trust was assigned by MERS to “Deutsche Bank Trust” at Los Angeles County Recorder #2007-1251412. (Exhibit 24) The Assignment was signed by “Paige Holen, VP IndyMac Bank FSB”, according to the Notarization.

24.  Subsequently, no further Assignments by “Deutsche Bank Trust” were ever recorded to any other entity.

25.  Some later Assignments were recorded by MERS as Nominee for IndyMac Bank FSB, and by IndyMac Bank FSB themselves (Exhibits 26, 27, 28, 29), which were VOID after the 2007 Assignment to Trust, because signed by a non-Beneficiary..

26.  On December 19, 2007, Plaintiff sent Defendants a Qualified Written Request with Dispute of Debt.

27.  A Notice of Default by Quality Loan Service was recorded for IndyMac Bank FSB on April 14, 2008, Trustee Sale # CA-08-1552265-DL.

28.  On May 23, 2008, Plaintiff sent Defendants another Qualified Written Request with Dispute of Debt.

29.  A Substitution of Trustee to Quality Loan Service Corp was recorded by IndyMac Bank FSB on May 27, 2008 at Los Angeles County Recorder # 2008-0925415.

30.  A Notice of Sale was recorded on July 18, 2008 at Los Angeles County Recorder #2008-1284359, which set a sale date for August 8, 2008.

31.  On July 31, 2008, Plaintiff sent a letter to Defendants requesting a Loan Modification and a postponement of the sale date to allow time for the process.

32.  IndyMac offered a Forbearance with an initial payment of $3,040.00 and a balloon payment of $15, 574.00 due in 2009.

33.  Plaintiff made the initial payment of $3,040.00 and other payments, but were unable to make the balloon payment in 2009.

34.  Patricia A. Mele-Krage, successor Trustee of the Trust of Marie J. Mele, grant deeded the Property to “Patricia A. Mele-Krage as Trustee for the Home Trust…”, which was recorded March 6, 2009 as Los Angeles County Recorder # 2009-0493405 (Exhibit 6).

35.  Plaintiff requested a copy of the Notice of Right to Cancel from Indymac in 2009.

36.  Indymac sent a signed Copy that showed the Transaction Date of February 23, 2006 (Thursday) and a Deadline Date of February 27, 2006 (Exhibit 10), which should have showed a Transaction Date of Friday, February 24, 2006 and a Deadline Date of February 28, 2006. As a result, no valid Notice of Right to Cancel was received in 2009, when requested.

37.  There were Multiple TILA Violations: In February 2006, alleged Original Lender IndyMac failed to disclose as Prepaid Finance Charges 2 broker fees for $70 (DocPrep) and $35 (Demand Fee), misrepresented the APR, disclosed the wrong transaction date and wrong deadline date in the Notice of Right to Cancel (“NORTC”), & failed to disclose documents. See Itemization, Closing Statement, TILA Disclosure, Compliance Ease Audit of Origination Loan Documents (Exhibit 37)

38.  The Property was sold in foreclosure on August 6, 2009.

39.  A Trustee’s Deed Upon Sale was recorded on August 12, 2009 at Los Angeles County Recorder # 2009-1236431.

40.  An Unlawful Detainer was filed on September 2, 2009 in California Superior Court, Los Angeles County, as Case # 09C03175.

41.  A lawsuit was filed against IndyMac Federal Bank, Deutsche Bank Trust, et al on September 9, 2009, by Plaintiff in California Superior Court, Los Angeles County, as Case # VC054159.

42.  A third Qualified Written Request and Dispute of Debt was sent to Defendants on October 10, 2009, which Defendants ignored except for irrelevant responses.

43.  The Unlawful Detainer was Dismissed on March 29, 2010.

44.  A Rescission of the Trustee’s Deed Upon Sale was recorded on June 2, 2010 at Los Angeles County Recorder # 2010-0745049.

45.  The Complaint by Plaintiff in California Superior Court was then dismissed on July 1, 2010.

46.  On September 27, 2010, IndyMac offered a Loan Modification.

47.  On October 7, 2010, Plaintiff submitted a Loan Modification Application with Exhibits.

48.  On October 20, 2010, IndyMac requested more documents by November 3, 2010.

49.  On November 3, 2010, the additional documents were faxed to IndyMac.

50.  On March 28, 2011, IndyMac denied Plaintiff’s Loan Modification Application for alleged missing information, which Plaintiff had sent multiple times.

51.  Plaintiff protested the wrongful denial and on April 3, 2011, resent several items of information which IndyMac claimed was missing.

52.  On April 5, 2011, Plaintiff sent a signed, notarized proposed Loan Modification contract as a tender offer.

53.  On April 20, 2011, IndyMac again asked for the documents (which had already been provided).

54.  A new Notice of Trustee’s Sale was recorded July 1, 2011 at Los Angeles County Recorder # 2011-0894089.

55.  On July 13, 2011, IndyMac denied the Loan Modification again.

56.  Plaintiff thereafter sent another Loan Modification Application.

57.  Another Notice of Trustee’s Sale was recorded December 16, 2011 at Los Angeles County Recorder # 2011-1706371.

58.  On February 6, 2012, IndyMac denied the Loan Modification because of a pending sale.

59.  On February 7, 2012, Plaintiff faxed and mailed a fourth Qualified Written Request and Dispute of Debt with copies of the Assignment to “Deutsche Bank Trust” and the Substitution of Trustee by “Deutsche Bank Trust”, which showed the current foreclosure was being done by the wrong party, a non-beneficiary. Defendants again ignored the QWR except for irrelevant responses.