07-06-25 Samaan v Zernik (SC087400) Zernik's first email to Angelo Mozilo and Sandor Samuels - asking them to stop court fraud by Countrywide.

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The email asked Mozilo and Samuels to authenticate or repudiate key fraud records produced by Countrywide as part of subpoena productions, and filed in court, which were later opined as false banking records. Mozilo and Samuels refused to respond at all. Instead they initiated a campaign of intimidation, harassment, and retaliation, hallmark of which were false appearances by Bryan Cave, LLP, for NON PARTY Countrywide.
  148.107-06-25. First email to Mozilo and Samuels FIRST EMAIL TO SAMUELS AND MOZILO Date: Mon, 25 Jun 2007 13:51:34 -0700To: sandor_samuels@countrywide.comFrom: jz12345@earthlink.netSubject: URGENT: Timed response required - demand for a declaration by a CountrywideOfficer.June 25, 2007Sandor SamuelsChief Legal OfficerCountrywide* URGENT: Timed response required - demand for a declaration by a Countrywide Officer. Dear Mr Samuels:Below is a copy of a letter I emailed to Mr Mozilo in his capacity as the Chairman of Countrywide's Internal Audit Committee. In this letter I demand that he immediately take actionto mitigate damages to me resulting from the conduct of Maria McLaurin, San RafaelCountrywide Home Loans Wholesale Branch Manager. I also left a similar letter for you onFriday in the offices of Bet Tzedek, where you are President of the Board of Directors. Phase I - 2004: Typical Straw Buyer mortgage fraud compounded with rate/fee discount As we have uncovered through subpoenas, in 2004 McLaurin was an accomplice to an attemptedmortgage fraud against Countrywide - a government backed mortgage lender. Her maincollaborator was Jae Arre Lloyd (formerly Timothy Lloyd Morrow), veteran mortgage processor(but not a license holder). In 2004 I had no knowledge of this, although the fraudulent mortgageapplication was against my Beverly Hills residence, at that time listed for sale. Initially, no harmwas done to me either.It appears that neither McLaurin nor Lloyd were new at it. But as seen through documentsobtained from Countrywide, McLaurin and Lloyd were trying to outdo themselves in this case.They were not satisfied with a typical Straw Buyer mortgage fraud - issuing loans for about$1.5m for an entirely unqualified borrower. The borrower, Nivie Samaan, a department storecosmetics saleswoman was represented in 2004 as Lloyd's newly-wed wife, although in 1003and in Escrow documents she was listed as an Unmarried Woman, and future Sole Owner of theproperty. Lloyd, the husband himself, was the one who introduced this fraudulent marital statuslisting. As turned out much later, the person represented as the loan broker (Victor Parks, Lloyd's1st cousin and business associate) was out of the loop.   This particular mortgage fraud was to be a family affair for the new-wed wife. And the StrawBuyer mortgage fraud was to be compounded by fraud against Countrywide per se - byobtaining the 1st lien mortgage at 0.75% discount relative to prevailing rates and/or fees.Unfortunately, as it turned out, the compound fraud was not as easy to pull off as these twoprofessionals, McLaurin and Lloyd, must have assumed. The local branch senior underwriter -Diane Frazier - repeatedly refused to issue credit determinations for 1003 mortgage applicationswith major violations of loan program rules. And the Clues Expert System similarly issued a REFER determination.McLaurin indeed tried to bypass the local underwriter and she issued a referral to DivisionUnderwriting Support - Demetrio Gadi - for an Exception Request. But Gadi would not go alongwith that fraud either. Careful reading of his approval communication shows that he in effectdid not approve any exception at all. The borrower was to add the 0.75%, as previouslydetermined by Frazier, and the borrower was required to produce new, valid 1003s. Moreover,Gadi reenforced the authority of the local branch underwriter and determined that the branchmanager must abide by all conditions and decisions previously stipulated by Diane Frazier.Moreover, he added new conditions that would make it even more difficult, or practicallyimpossible for McLaurin to get that fraudulent application funded. A new Clues Report was tobe issued prior to funding, and all documents had to be reviewed by a branch underwriter prior tofunding. In addition, Gadi introduced an unusual condition, to ensure that if the loan was everfunded, damage to Countrywide was contained. McLaurin was instructed to issue a non-delegated Mortgage Insurance at cost to branch, and demonstrate a certificate in the file prior tofunding.In fact this Exception Request Approval by Gadi, was a sounding vote of no confidence in theintegrity and professional judgment of McLaurin. I had no knowledge of any of that in 2004, asthe seller in the underlying real estate transaction. But both I and my realtor were gettingincreasingly alarmed by what appeared as repeated instances of dishonest dealing or worse, andby failure of the buyer to perform. I was also waiting for buyer to remove her contingenciesprior to making a large deposit on my next dwelling. But buyer failed to remove thecontingencies, and I subsequently lost the dwelling that I had chosen as next for me and myfamily. By that time, the typical California real estate transaction, with its measured dynamicmethod of contingencies, intended to equitably distribute the risks and liabilities, was turnedupside down. It was clear that the buyer would not be able to close on schedule, but if I waitedany longer, she could force me to close at any time in the future, regardless of whether or not Ihad secured an alternative dwelling. And she could also cancel without a major liability toherself, since she still had not removed her last two contingencies (Loan and Appraisal).Therefore, I issued a Notice to Buyer to Perform. In response, I received a letter from buyer inwhich she explicitly refused to remove the last contingency (Appraisal), without any justification. Indeed, she already had in her hand an appraisal that came in at sales price, and heractions in this regard appeared as yet another dishonest dealing, which in retrospect is surelywas. I then acted within my absolute right and issued Instruction to Cancel Escrow.  Events in 2004, in and of themselves, caused relatively little harm to seller compared tosubsequent events. These events in 2004 may appear to some as solely an attempt at fraudagainst Countrywide, facilitated by a Countrywide Branch Manager. But in effect, the PurchaseAgreement stipulated that buyer  shall act diligently and in good faith to obtain designated loans . Therefore, the fraud was also against the seller. Seller had no consumer standing, andfor that matter no direct relationship whatsoever with Countrywide. But a Countrywide BranchManager with no discernable reason, was trying to harm seller by enabling and facilitating fraudby buyer against seller.Events in 2004 could not have taken place were it not for the willingness of McLaurin toperpetrate mortgage fraud in collaboration with Lloyd and Samaan. It is also difficult to assumethat what the underwriter, Frazier, herself described to me was entirely secret - a wholesalebranch where fraud was pervasive and underway on a daily basis, intense pressure was appliedon the legitimate underwriters to collude, total disregard for laws and regulations was abundant,and the organizational structures and procedures that were put in place in Countrywide toimplement mandatory safeguards and comply with the law, appeared all gone. In fact, carefulanalysis of Gadi's actions suggests that he was aware at least of some of it. Phase II, 2005 - present: Fraudulent Lis Pendens Squeeze By late 2005 it was clear that real estate values in Beverly Hills had appreciated substantiallyfrom 2004, against all experts' predictions. The fraud then entered Phase II. Samaan filed claimsfor specific performance, based on the failed transaction in Phase I of this fraud, and she placedlis pendens against the title of the property.This type of fraud is also well known. The owner is left instantly without any control of his ownproperty, or his own finances for that matter, or his own time of day. Owner is not able to sell,not even to enter a long term lease, and surely not even to refinance at a time of concerns overswinging interest rates. Moreover, the litigation, beyond the aggravation, has becomeexceedingly costly. At present, this case appears as one that can bring this owner to bankruptcyand ruin, in a case that is what Bet Tzedek's mission to prevent. Strange Bedfellows The current situation put the owner, buyer, and Countrywide in unanticipated positions: Onewould have thought that Countrywide, as targeted victim of the Phase I compound fraud wouldtake action against a runaway Branch Manager and take a firm position against theborrower/buyer.In fact the opposite is the truth. Attorneys for the Legal Department clearly show no interest inthe fact that a Branch Manager attempted fraud against the bank. In fact attorneys for the LegalDepartment have been trying to cover it up by producing partial responses to subpoenas, and attimes making deliberately false representations.The buyer, who in 2004 had a check for $15,000 deposit bounce twice for NSF, has now spentby some estimates close to $200,000 on legal fees. And strangely enough, attorneys for the buyerseem particularly interested in protecting the Branch Manager, who is not even their client. Inreturn, the Branch Manager supplied buyer with fraudulent claims, fraudulent bank documents,  and make statements and declarations in court that form the foundation of this maliciousprosecution.Being a relatively senior manager, identifying herself as a Branch Manager, and submittingpapers on Countrywide letterhead, Maria McLaurin is clearly perceived in court as representingCountrywide as a whole.The damage caused to seller by this malicious and illegal conduct of McLaurin is enormous, andis compounded by the day. Demand for Immediate Action: I sent an email to Mr Mozilo earlier, in his capacity as Chairman of the Internal AuditCommittee, and I also left you a similar letter last week at Bet Tzedek, marked Urgent , and Personal . In the letter to you I indicated that I had approached Rabbi Shusterman, Av Bet Dinof Los Angeles, and he agreed in principle to host an informal meeting.Given your position in Bet Tzedek, in Adat Ariel, in the Ziegler School of Rabbinical Studies,and statements you make on behalf of Bet Tzedek, and the little that I know about youreducation, I cannot believe that had you known any of this, you would have let it stand one moreminute.In the letter to Mozilo, as an immediate relief, I requested that an authorized Officer of theCorporation make two statements in a declaration that would be submitted in court. Thesestatements, which I am confident are true, contradict fraudulent statements and assertionsrepeatedly made by Maria McLaurin and her associates in court since November 2006. Theseassertion form the core of the litigation. If the true facts in this matter are clearly articulated byCountrywide, and if Maria McLaurin is barred from any further misrepresentation and fraud incourt, where she appears as representing Countrywide, this litigation would be over.I look forward to hearing from you. TIME IS OF THE ESSENCE.Joseph Zernik Cell: 310 435 9107__________________* Countrywide here refers to CFC, Inc, and all its affiliates and subdivision.Date: Mon, 25 Jun 2007 02:59:02 -0700To: angelo_mozilo@countrywide.comFrom: jz12345@earthlink.netSubject: URGENT: Timed response required - demand for declaration byCountrywide officer.
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