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documents that claim to be made under oath and based upon the signatory's personal knowledge.And, in some instances, NTC signers don't sign documents that, nonetheless, bear theirsignature. In these instances NTC has affixed the putative signature of the NTC signers outsidethe presence, knowledge or control of the purported signatories.

4. These kinds of acts and practices became commonplace in the mortgage servicingindustry in the rush to trade mortgage-backed securities during the buildup of the housing bubbleand in the push to process foreclosures as quickly as possible in the aftermath of the housingmarket collapse.

5. NTC's use of these acts and practices in Illinois constitute violations of the ConsumerFraud Act and the Uniform Deceptive Trade Practices Act.

PUBLIC INTEREST6. The Illinois Attorney General believes this action to be in the public interest of the

citizens of the State of Illinois and brings this lawsuit pursuant to the Illinois Consumer Fraudand Deceptive Business Practices Act, 815 ILCS 505/7(a).

JURISDICTION AND VENUE7. This action is brought for and on behalf of the People of the State of Illinois, by Lisa

Madigan, Attorney General of the State of Illinois, pursuant to the provisions of the ConsumerFraud Act, 815 ILCS 505/1 et seq., and her common law authority as Attorney General torepresent the People of the State of Illinois.

8. Venue for this action properly lies in Cook County, Illinois, pursuant to Section 2-101of the Illinois Code of Civil Procedure, 735 ILCS 5/2-101, in that Defendant, Nationwide TitleClearing, Inc., recorded documents in the land records system throughout Illinois, including inCook County, Illinois.

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PARTIES9. Plaintiff, the People of the State of Illinois, by Lisa Madigan, the Attorney General of

the State of Illinois, is authorized to enforce the Consumer Fraud Act, 815 ILCS 50517(a).10. Defendant, Nationwide Title Clearing, Inc., ("NTC"), is a Florida corporation with its

principal place of business located at 2100 Alternate US 19 North, Palm Harbor, Florida.11. NTC is not a registered corporation in the State of Illinois.12. For purposes of this Complaint for Injunctive and Other Relief, any references to the

acts and practices ofNTC shall mean that such acts and practices are attributable to, by andthrough the acts ofNTC's officers, members, owners, directors, employees, salespersons,representatives and/or other agents.

TRADE AND COMMERCE13. Subsection 1(f) of the Consumer Fraud Act, 815 ILCS 505/1 (f), defines "trade" and

"commerce" as follows:

The terms 'trade' and 'commerce' mean the advertising, offering for sale, sale, ordistribution of any services and any property, tangible or intangible, real,personal, or mixed, and any other article, commodity, or thing of value whereversituated, and shall include any trade or commerce directly or indirectly affectingthe people of this State.

14. NTC was at all relevant times engaged in trade and commerce in the State of Illinoisby creating, signing and recording mortgage assignments, affidavits, lien releases or satisfactionsof mortgage, and other documents in the Illinois land records system.

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DEFENDANT'S UNFAIR AND DECEPTIVE ACTS AND PRACTICES15. NTC has engaged in acts or practices that violate Illinois law while in the course of

trade or commerce in the State of Illinois. NTC's conduct is ongoing and has the potential toimpact any Illinois consumers who hold an interest in land where documents created and signedby NTC have been recorded in the Illinois land records system.

16. NTC offers document preparation and recording services to financial institutions inthe mortgage industry and secondary mortgage market.

17. In fact, NTC touts on its website that NTC is a "leading service provider in its fieldbecause the company is competent, dependable and experienced."

18. NTC creates, signs and records documents in the Illinois public land records system,including but not limited to mortgage assignments, affidavits, and releases.

19. NTC offers these services nationally, and NTC regularly creates, signs and recordsdocuments in the Illinois land records system.

20. These documents impact the integrity of the chain of title pertaining to land in

Illinois, and may cloud title to that land.21. As described in further detail below, NTC misleadingly describes itself on its website

as "leading industry change to achieve the highest standard in document accuracy for thebetterment of the mortgage industry, homeowners and land records."

A. NTC signers routinely sign documents as "vicepresident" of variousfinancial institutions when, infact, the signers are actually employees ofNTC.22. When a financial institution hires NTC, the financial institution executes a "corporate

resolution" that designates certain employees ofNTC as corporate officers of the financialinstitution, typically under the title "vice president" or "assistant vice president."

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23. These NTC employees are granted a limited authority to sign certain documents onbehalf of the financial institution.

24. These employees have no other authority or responsibility to the financialinstitution-their only authority is to sign certain documents.

25. These employees are typically called "signers" .26. Exhibit 1 exemplifies a typical mortgage assignment created, signed, and recorded by

NTC.27. This mortgage assignment was recorded with the Sangamon County Recorder's

Office in Springfield, Illinois.28. The assignment was signed by Crystal Moore, as a purported "Vice President" of Citi

Residential Lending Inc.; Citi Residential Lending Inc., itself, was acting as "attorney-in-fact"for Ameriquest Mortgage Company.

29. Crystal Moore is not, however, a vice president ofCiti Residential in any traditionalsense of the term; instead, she is actually an employee ofNTC and a "vice president" of thatfinancial institution in name only, as the extent of her responsibility and authority is to affix hersignature to certain documents created by NTC.

30. Cyrstal Moore and other NTC signers receive no compensation from the financialinstitution for which they sign, don't report to or communicate with anyone at the financialinstitution, and have no authority beyond signing certain documents.

31. Instead, the NTC signers work at and for NTC; they receive their compensation,oversight, and instruction from NTC.

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32. In other words, despite the title appearing under their name on documents recordedthroughout Illinois, the NTC signers are not "corporate officers," as that term is commonlyunderstood, of the various financial institutions for which they sign.

33. Instead, the signers are actually employees ofNTC.34. Despite the very limited breadth of authority provided by the corporate resolution, the

NTC created documents tout the signers as "vice presidents," and "assistant vice presidents," andother corporate titles without limitation at large financial institutions.

35. These designations neither disclose that the signer is a "vice president" for signingpurposes only nor that the signer's authority to act for the financial institution is limited only tosigning documents.

36. And, as described more fully below, these designations never disclose that the "vicepresident" signing the document has not, in fact, read the document that he or she is signing. -"

B. NTC signers typically have no role in the creation of the documents theysign. Their only role is to sign documents, and NTC signers do not read orverify the documents they sign.37. NTC creates documents through an assembly-line process, in which different

employees have different responsibilities in the proeess of signing and recording the document.38. Throughout their work day, the signers receive stacks of documents for the sole task,

of affixing their signatures to the documents.39. NTC signers typically have little to no role in the actual creation of the documents

that they sign.40. They do not retrieve or input the information that populates the assignment, release,

or affidavit.41. The signers do not verify this information.

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42. In fact, the signers at NTC do not even read the documents they are signing.43. The signers at NTC simply sign their name, over and over again.44. The signers estimate that they may sign a few thousand documents per day,

sometimes in the capacity as a corporate officer of a particular financial institution, and othertimes they sign as a notary public or witness while purporting to acknowledge the signature ofanother NTC signer.

45. Regardless of the capacity in which they sign, the signers do not read the documentsthey sign, do not have personal knowledge of the facts contained in the documents, and do notverify the facts contained in the documents.

C. The documents created and signed by NTC often contain false and deceptivestatements, such as claims that the signatory has personal knowledge of thefacts contained in the document.

46. In many instances, the documents created, signed and recorded by NTC contain falsestatements.

47. For example, NTC has recorded "affidavits of lost assignment" in the Illinois landrecords system.

48. An example of such an affidavit has been attached as Exhibit 2.49. This affidavit was recorded with the Kane County Recorder's Office in Geneva,

Illinois.50. This affidavit was signed by Brian Bly, a purported vice president of Financial

Freedom Senior Funding Corporation.51. In actuality, Brian Bly is a signer at NTC.

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52. In deposition testimony, Brian Bly has admitted that he does not read the documentshe signs and that he does not take any steps to verify the information contained in the documentshe signs.

53. Nonetheless, in Paragraph 2 of the attached Affidavit of Lost Assignment, Brian Blyasserts, after being "duly sworn," that he has personal knowledge of all the facts contained in theaffidavit.

54. Bly did not have personal knowledge of the facts contained in any of the affidavits hesigned.

55. In the affidavit attached as Exhibit 2, Bly appears to set forth facts relating to atransaction between Financial Freedom Senior Funding Corporation and the original mortgagee,GSF Mortgage Corporation.

56. In the affidavit Bly claims that the files of Financial Freedom Senior FundingCorporation do not contain any record of this transaction. Bly, however, did not have anyknowledge of this fact since he does not verify, or even read, the information contained in thedocuments he signs.

57. The affidavit then states that "the Affiant has concluded that the assignment was lost,misplaced or destroyed" - again, any such conclusion would be impossible considering Bly doesnot read or verify the information contained in the documents he signs.

58. The Affidavit of Missing/Lost Assignment attached as Exhibit 3 was recorded withthe Champaign County Recorder of Deeds in Urbana, Illinois.

59. This Affidavit of MissingiLost Assignment similarly attests to a transfer where theassignment has gone missing or has been lost.

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60. This Affidavit of Missing/Lost Assignment actually contains the following line: "Ideclare under the penalty of perjury that the foregoing information is true and correct to the bestof my knowledge."

61. Again, this affirmation is misleading since Brian Bly admittedly does not read orverify the documents that he signs.

62. Further, the affirmations and the affidavits as a whole imply that a high-rankingcorporate officer of one of the parties to a transaction actually has made a review of the recordspertaining to that transaction and has drawn conclusions based upon that review.

63. Nothing could be further from the truth as Bly does not read or verify the documentshe signs. Nonetheless, Bly has signed these affidavits as "Vice President" of Citi ResidentialLending, Inc., and "Assistant Vice President" of the Bank of New York, without limitation orqualification, and has attested to conducting reviews and drawing conclusions purportedly madein those capacities when, in fact, he did not.

64. The falsehoods are not limited to affidavits.65. As with affidavits, assignments created by NTC are signed by NTC signers under the

title of vice president of the financial institution, without qualification or limitation, againsuggesting that a high-ranking corporate officer is asserting that such a transaction has occurred.

66. In addition to signing under a misleading corporate title without qualification, NTC'sassignments often include the financial institution's address in proximity to the signer'ssignature, which further creates the false impression that the signer is employed by the financialinstitution and actually signed the document at the financial institution's place of business.

67. For example, in Exhibit I Crystal Moore signs the assignment as Vice President ofCiti Residential Lending Inc.

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68. The body of the assignment identifies the address of Citi Residential Lending Inc. as10801 E. 6th Street, Rancho Cucamonga, CA, 91730, thus creating the false impression thatCrystal Moore works in California for Citi Residential Lending Inc.

69. In deposition testimony, however, Crystal Moore has admitted that she has neverbeen to the corporate offices of Citi Residential Lending Inc. or to Rancho Cucamonga,California, and that all of the documents that she has signed as an NTC signer were actuallysigned in the Florida office ofNTC.

70. NTC assignments typically contain the phrase "for good and valuable consideration,

the sufficiency of which is hereby acknowledged" when asserting that one financial institutionhas transferred the mortgage to another.

71. NTC signers Moore and Bly, however, have admitted in deposition testimony thatthey do not understand the meaning of this phrase, despite the fact that it appears in nearly everyassignment created by NTC and signed by Moore and Bly.

72. Furthermore, when Nrc creates assignments for entities that have chosen todesignate the Mortgage Electronic Registration Systems, Inc., ("MERS") as the nominee, theassignments often misrepresent the true nature of the transactions.

73. Exhibit 1 is an example of such an assignment to MERS, and it asserts that CitiResidential Lending Inc. "does convey, grant, sell, assign, transfer and set over the describedmortgage/deed of trust together with the certain note(s) described therein together with allinterests secured thereby, all liens, and any rights dues or to become due thereon toMORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (,MERS')" as nominee forJPMorgan Chase Bank, N.A.

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74. In other words, the assignment created by NTC asserts that the mortgage and the notewere assigned to MERS.

75. This assertion is simply not true.76. MERS accepts the assignment of mortgages for its members. MERS never accepts

the assignment of notes on behalf of its members.77. Substantially similar or identical language regularly appears in the assignments that

NTC creates for transfers of mortgages into MERS.78. These assignments falsely assert a transfer of the note to MERS when no such

transfer actually occurred.D. NTC regularly engages in the practice of surrogate electronic signing.

79. In some situations NTC has created and recorded documents that appear to bearsignatures of their signers when, in fact, the signers did not sign the documents.

80. For example, many county recorders offices, including a number of Illinois recordersoffices, accept and record electronically-submitted documents.

81. NTC routinely creates and records documents in counties that accept electronically-submitted documents.

82. Although these documents contain the signatures ofNTC signers, in depositiontestimony the NTC signers admit that they do not actually affix their signatures to electronically-submitted documents.

83. In deposition testimony, employees ofNTC have admitted that NTC signers play norole in the creation of the electronic documents and that their signatures are affixed by other

employees at NTC.

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84. This process - where one person affixes the signature of another - is called "surrogateelectronic signing."

85. In deposition testimony NTC signers have admitted that NTC, as a matter of itsregular business practice, routinely engaged in the practice of surrogate electronic signing onelectronically recorded documents.

86. These electronic documents also purport to be notarized and appear to bear thesignature and attestation of a notary.

87. In electronically recorded documents, NTC affixes the signature of the notary in thesame fashion that it affixes the signature of the purported corporate officer.

88. In other words, the signature of the notary public is affixed to the electronic documentoutside of the notary's presence or knowledge.

89. Taken together, NTC's unfair and deceptive business practices are offensive to thepublic policy of Illinois and, under the totality of the circumstances herein described, areimmoral, unethical, and unscrupulous.

APPLICABLE STATUES90. Section 2 of the Consumer Fraud Act provides:

Unfair methods of competition and unfair or deceptive acts or practices,including but not limited to the use or employment of any deception,fraud, false pretense, false promise, misrepresentation or the concealment,suppression or omission of any material fact, with intent that others relyupon the concealment, suppression or omission of such material fact, orthe use or employment of any practice described in section 2 of the"Uniform Deceptive Trade Practices Act", approved August 5, 1965, inthe conduct of any trade or commerce are hereby declared unlawfulwhether any person has in fact been misled, deceived or damaged thereby.

815 ILCS 505/2.

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91. Section 2 of the Uniform Deceptive Trade Practices Act provides in relevant part asfollows:

(a) A person engages in a deceptive trade practice when, in the course ofhis or her business, vocation, or occupation, the person:

(1) passes off goods or services as those of another;(2) causes likelihood of confusion or of misunderstanding as to

the source, sponsorship, approval, or certification of goods orservices;

(3) causes likelihood of confusion or of misunderstanding as toaffiliation, connection, or association with or certification byanother;

(4) uses deceptive representations or designations of geographicorigin in connection with goods or services;

(5) represents that goods or services have sponsorship, approval,characteristics, ingredients, uses, benefits, or quantities thatthey do not have or that a person has a sponsorship, approval,status, affiliation, connection that he or she does not have; ...

(12) engages in conduct which similarly creates a likelihood ofconfusion or misunderstanding.

(b) In order to prevail in an action under this Act, a plaintiff need notprove competition between the parties or actual confusion ormisunderstanding.

(c) This Section does not affect unfair trade practices otherwise actionableat common law or under other statutes of this State.

815 ILCS 510/2.STATUTORY REMEDIES

92. Section 7 of the Consumer Fraud Act, 815 ILCS 50517 , provides in pertinent part:(a) Whenever the Attorney General or a State's Attorney has reason to

believe that any person is using, has used, or is about to use anymethod, act or practice declared by this Act to be unlawful, and thatproceedings would be in the public interest, he or she may bring an

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,action in the name of the People of the State against such person torestrain by preliminary or permanent injunction the use of suchmethod, act or practice. The Court, in its discretion, may exercise allpowers necessary, including but not limited to: injunction; revocation,forfeiture or suspension of any license, charter, franchise, certificate orother evidence of authority of any person to do business in this State;appointment of a receiver; dissolution of domestic corporations orassociation suspension or termination of the right of foreigncorporations or associations to do business in this State; andrestitution.

(b) In addition to the remedies provided herein, the Attorney General orState's Attorney may request and the Court may impose a civil penaltyin a sum not to exceed $50,000 against any person found by the Courtto have engaged in any method, act or practice declared unlawfulunder this Act. In the event the court finds the method, act or practiceto have been entered into with the intent to defraud, the court has theauthority to impose a civil penalty in a sum not to exceed $50,000 perviolation.

815 ILCS 50517 .VIOLATIONSCOUNT ONE

Consumer Fraud and Deceptive Practices Act93. The People re-allege and incorporate by reference the allegations contained in

Paragraphs 1 to 90.94. While engaged in trade or commerce, the Defendant committed unfair and/or

deceptive acts or practices declared unlawful under Section 2 of the Consumer Fraud Act, 815ILCS 505/2, by:

a. Creating, signing, and recording, in the offices of Illinois county recorders,affidavits where the signatory of the document claimed, under oath, to havepersonal knowledge of the information, assertions, or averments contained in theaffidavit when, in truth and in fact, the signatory had no such knowledge;

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b. Creating, signing, and recording in the offices of Illinois county recorders,affidavits that contained false, deceptive, or misleading information, assertions, oraverments; such as:. 1. Claiming, under oath, that the signatory had conducted a review of the

facts surrounding the purported transfer of a mortgage when, in truth andin fact, the signatory had not conducted any such review; and

11. Claiming, under oath, that the signatory had made a conclusion ordetermination based on the signatory's review of the purported transferwhen, in truth and in fact, the signatory made no such conclusion ordetermination.

c. Misrepresenting that the signatory of a document is a vice president, assistantvice president, or other corporate officer of a financial institution, withoutlimitation, when, in truth and in fact, the individual signing the document is anemployee ofNTC who, at best, has only limited, nominal authority from thefinancial institution;

d. Misrepresenting that the signatory of a document understands the meaning ofparticular words or phrases in a document, when in truth and in fact the signatorydoes not.

e. Misrepresenting that notes (secured by mortgages on Illinois properties) had beentransferred to MERS when the notes were not transferred to MERS;

f. Creating and recording documents electronically with Illinois county recorders,where the putative signature appearing on the documents has neither been insertedby the purported signatory nor witnessed by a notary, but is instead inserted by

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another person without the knowledge or outside the presence of the purportedsignatory or notary.

g. Creating and recording documents electronically with Illinois county recorders,where the putative signature. of the notary appearing on the documents has notbeen inserted by the purported notary, but is instead inserted by another personwithout the knowledge or outside the presence of the purported notary.

Uniform Deceptive Trade Practices Act95. Defendant has engaged in a course of trade or commerce which constitutes unfair or

deceptive acts or practices, or unfair methods of competition declared unlawful under Section2(a)(I) of the Uniform Deceptive Trade Practices Act, 815 ILCS 510/2(a)(I), by passing off theservices of NTC as the services of a financial institution by:

a. Creating, signing and recording, with Illinois county recorders, documents wherethe signatory claims to be a vice president (or other corporate officer) of afinancial institution without limitation when, in truth and in fact, the signatoryonly has limited signing authority and is an employee ofNTC; and

b. Creating and recording documents electronically with Illinois county recorders,where the signature appearing on the documents has neither been inserted by thepurported signatory nor witnessed by the notary, but is instead inserted by anotherwithout the knowledge or outside the presence of the purported signatory ornotary.

96. Defendant has engaged in a course of trade or commerce which constitutes unfair ordeceptive acts or practices, or unfair methods of competition declared unlawful under Section'2(a)(2) of the Uniform Deceptive Trade Practices Act, 815 ILCS 51O/2(a)(2), thus causing a

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likelihood of confusion or misunderstanding as to the source, approval or certification of thedocuments that NTC created and then recorded in Illinois by:

a. Creating, signing and recording in the offices of Illinois county recorders,documents where the signatory claims to be a vice president (or other corporateofficer) of a financial institution without limitation when, in truth and in fact, thesignatory only has limited signing authority and is an employee ofNTC;

b. Creating, signing and recording in the offices of Illinois county recorders, putativeaffidavits wherein the signatory claims to be under oath, claims to have personalknowledge of the information, assertions, or averments contained in the affidavits,claims to have conducted a review of the purported transactions attested to, and tohave drawn conclusions based upon those reviews as a vice president (or othercorporate officer) of one of the parties to the purported transaction when, in fact,none of these claims were true; and

c. Creating and electronically recording in the offices of Illinois county recorders,documents wherein the signatures appearing thereon have neither been inserted bythe purported signatory nor witnessed by the notary, but were instead inserted byanother without the knowledge or outside the presence of the purported signatoryor notary.

97. Defendant has engaged in a course of trade or commerce which constitutes unfair ordeceptive acts or practices, or unfair methods of competition declared unlawful under Section2(a)(3) ofthe Uniform Deceptive Trade Practices Act, 815 ILCS 510/2(a)(3), thus causing alikelihood of confusion or misunderstanding as to the affiliation, connection, or association withor certification by another, by:

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a. Creating, signing and recording in the offices of Illinois county recorders,documents where the signatory thereof claims to be a vice president (or othercorporate officer) of a financial institution without limitation when, in fact, thesignatory only has limited signing authority and is an employee ofNTC;

b. Creating and electronically recording documents in the offices of Illinois countyrecorders, wherein the signatures appearing thereon have neither been inserted bythe purported signatory nor witnessed by notary, but were instead inserted byanother without the knowledge or outside the presence of the purported signatory

or notary.98. Defendant has engaged in a course of trade or commerce which constitutes unfair or

deceptive acts or practices, or unfair methods of competition declared unlawful under Section2(a)(4) of the Uniform Deceptive Trade Practices Act, 815 ILCS 510/2(a)(4), by using deceptiverepresentations or designations of geographic origin by creating, signing and recordingdocuments where the signatory claims to be signing as vice president of a financial institutionfrom the corporate address of that financial institution when, in truth and in fact, the documentwas actually created and signed elsewhere.

99. Defendant has engaged in a course of trade or commerce which constitutes unfair ordeceptive acts or practices, or unfair methods of competition declared unlawful under Section2(a)(5) of the Uniform Deceptive Trade Practices Act, 815 ILCS 510/2(a)(5), by representingthat the documents NTC created and recorded had characteristics which, in fact, they do nothave, by:

a. Creating, signing and recording in the offices of Illinois county recorders,affidavits wherein the signatory claims to be under oath, claims to have personal

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knowledge of the information, assertions, or averments contained in the affidavits,claims to have conducted a review of the purported transaction and made adetermination based on that review as a vice president (or other corporate officer)of one of the parties to the purported transaction when, in fact, none of theseclaims were true; and

b. Creating and electronically recording documents in the offices of Illinois countyrecorders, wherein the signatures appearing thereon have not been inserted by thepurported signatory, but were instead inserted by another without the knowledgeor outside the presence of the purported signatory.

100. Defendant has engaged in a course of trade or commerce which constitutes unfair ordeceptive acts or practices, or unfair methods of competition declared unlawful under Section2(a)(5) of the Uniform Deceptive Trade Practices Act, 815 ILCS 510/2(a)(5), by representingthat a person has a sponsorship, status, affiliation or connection that he or she does not have by:

a. Creating, signing and recording in the offices of Illinois county recorders,documents wherein the signatory claims to be a vice president (or other corporateofficer) of a financial institution without limitation when, in fact, the signatoryonly has limited signing authority and is an employee ofNTC;

b. Creating and electronically recording documents in the offices of Illinois countyrecorders, wherein the signature appearing thereon has not been inserted by thepurported signatory, but is instead inserted by another without the knowledge oroutside the presence of the purported signatory;

c. Creating and electronically recording documents in the offices of Illinois countyrecorders, wherein the putative signature of the notary appearing thereon has not

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been inserted by the purported notary, but is instead inserted by another personwithout the knowledge or outside the presence of the purported notary.

101. Defendant has engaged in a course of trade or commerce which constitutes unfair ordeceptive acts or practices, or unfair methods of competition declared unlawful under Section2(a)(12) of the Uniform Deceptive Trade Practices Act, 815 ILCS 510/2(a)(12), thus engaging inconduct that is likely to create confusion or misunderstanding by:

a. Creating, signing and recording in the offices of Illinois county recorders,documents wherein the signatory thereof claims to be a vice president (or othercorporate officer) of a financial institution without limitation when, in fact, thesignatory only has limited signing authority and is an employee of NTC;

b. Creating affidavits wherein the signatory thereof claims to be under oath, claimsto have personal knowledge of the information, assertions, or averments containedin the affidavits, claims to have conducted a review of the purported transactionand made a determination based on that review as a vice president (or othercorporate officer) of one of the parties to the purported transaction when, in fact,none of these claims were true;

c. Creating and electronically recording documents in the offices of Illinois countyrecorders, wherein the signatures therein have neither been inserted by thepurported signatory nor witnessed by a notary, but were instead inserted byanother without the knowledge or outside the presence of the purported signatoryor notary;

d. Creating and electronically recording documents in the offices of Illinois countyrecorders, wherein the putative signature of the notary appearing thereon has not

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been inserted by the purported notary, but is instead inserted by another personwithout the knowledge or outside the presence of the purported notary;

e. Creating, signing and recording in the offices of Illinois county recorders,documents wherein the. signatory thereon claims to be signing as vice president ofa financial institution from the corporate address of that financial institution when,in truth and in fact, the document was actually created and signed elsewhere; and

f. Creating, signing and recording in the offices of Illinois county recorders,assignments that purport to transfer a note (secured by a mortgage on Illlinoisproperty) to MERS when, in truth and in fact, no such transfer has occurred.

PRAYER FOR RELIEF

WHEREFORE, the Plaintiff prays that this Honorable Court enter an Order:

A. Finding that the Defendant has violated sections 2 the Consumer Fraud Act, 815ILCS 505/2 , by the acts and practices alleged in this Complaint;

B. Finding that the Defendant has violated section 2(a)(I), (2), (3), (4), (5) and (12) ofthe Uniform Deceptive Trade Practices Act, 815 ILCS 510/2 et seq., by the acts andpractices alleged in this Complaint;

C. Preliminarily and permanently enjoining the Defendant from engaging in theunlawful methods, acts, and practices alleged in this Complaint;

D. Ordering Defendant to locate, review and remediate all documents created by NTCand recorded within the State of Illinois by use of method and practices declaredunlawful;

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E. Ordering Defendant to account for all revenues earned from creating and recordingimproperly signed, notarized, or verified documents in Illinois by the unlawful meansalleged in this Complaint;

F. Ordering Defendant to disgorge all revenues, profits, and gains achieved in whole orin part though the unfair acts or practices complained of herein;

G. Assessing a civil penalty in the amount of$50,000 if the court finds the Defendantengaged in methods, acts or practices declared unlawful by the Act without the intentto defraud; if the Court finds Defendant engaged in methods, acts or practices

declared unlawful by the Act with the intent to defraud, then assessing a statutorycivil penalty of $50,000 per violation, all as provided in Section 7 of the ConsumerFraud and Deceptive Business Practices Act, 815 ILCS 505/7;

H. Requiring the Defendant to pay all costs for the prosecution and investigation of thisaction, as provided by section 10 of the Consumer Fraud and Deceptive BusinessPractices Act, 815 ILCS 505/10; and

I. Providing such other and further equitable relief as justice and equity may require.

Respectfully Submitted,

THE PEOPLE OF THE STATE OF ILLINOIS,By LISA MADIGAN,ATTORNEY GENERAL OF ILLINOIS

By:

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Attorney No. 99000LISA MADIGANIllinois Attorney GeneralJAMES D. KOLE, ChiefConsumer Fraud BureauTOM JAMES, Senior CounselConsumer Fraud BureauVAISHALI S. RAOAssistant Attorney General

ANDREW DOUGHERTYAssistant Attorney General100 W. Randolph Street, 12th floorChicago, IL 60601Tel.: (312) 814-4982

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When Recorded Return To:, ) C IT l RESIDENTIAL LENDING INC.~ ClO N TC 2100 A IL 19 N orthPalm H arbor, FL 3 4 6 8 3

Assignor L#: 0081183584Assignee L#: 0081183584In ve sto r L #: 0 08 11 83 58 4MIN: 100015000811835843E ff ec ti ve Da te : 1 21 31 12 00 8

A SS IGNMENT O F MORTGAGEID EE D

ORE V IC E P RE SID EN T

S TA TE O F F LORIDA COUNTY O F P IN EL LA S

I I I I ~ I ~ 1 1 1 1 ~ l l l ll l ~ 1 1 1 1 1 1 1 1 1 1 1 1 ~ 1 1 1 1 1 1 I 1 1 1 1 1 1I I I I I* 2 0 0 9 R 0 1 0 9 2 *2 0 0 9 R 0 1 0 9 201 /12 /2009 11 :27AM .

R E t F E E : 1 5 . 0 0R E C R E S T F E E : 4.00G I S F EE : 9.00G IS R E S T F EE : 1.00R H S P F E E : 10.00

T O T A l : $39.00P A G E S : 1

D E l L AJ O S H U A A . L A N G F E L D E RS A N G A M O N C O U N T Y R E C O R D E R

FO R GOOD AND VAL UA BLE C ON SID ER ATIO N, th e sufficiency of w hich is h ereby acknow ledged. the undersigned,C ITIRESIDENTIAL LENDING INC., AS ATTORNEYIN .FACT FOR AMERIQUEST MORTGAGE COMPANY, W HOSEA DD RESS IS 10801 E . 6TH STREET, RA NCH O CU CAMO NG A, CA 91730, (A SSIG NO R), by these presents does convey,g ra nt, sell, a ssig n, tran sfe r a nd se t o ver th e d esc rib ed m ortg ag e/d ee d o f tru st to ge th er w ith th e c erta in n ote (s) d esc rib ed th ere int og et he r w ith a ll i nte re st s ec ur ed t he re by , al l liens, and any righ ts due or to becom e due th ereon to M OR TG AG E E LE CTR ON JCREGISTRA TION SYSTEMS, INC. ('M ERS') ADELA WARE CORPORA TJON, ITS SUCCESSORS OR ASSIGNS, ASNOMINEE FOR JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, PO BOX 2026, FLINT, M I 48501,(A SS IGNE E). S aid m ortg ag e/d eed of tru st da ted 0 61 30 12 00 4 , and m ade by B EN JAMIN R. MILLER AND KATHERINE A.M ILLER to AM ERIQ UEST M ORTGAG E COM PA NY and recorded in the Recorder or Registrar of Titles of SAN GAM ONCounty. Illinois in Book Page as Instr# 2004R34922 upon the property situated in said S tate and County as m ore fullyd esc rib ed in s aid m ortg ag e o r h ere in 10 wit:LOT 33, IN V ALE V UE, SE CO ND P LA T, E XC EPT A LL C OA L, M IN ER ALS A ND M IN IN G R IG TS H ER ET OFO RECO NV EY ED O R SERV ED O F RECO RD . SITU ATED IN SA NG AM ON CO UN TY , ILU NO IS .14190253006know n as: 9 H ACK NEY LN . SPRIN GFIELD , IL6270212/1212008C rT I R ES ID L LEN DING IN C., AS A TTORNEYINFACT FO R AM ERIQU EST M ORTGAGE COM PA NY

Th e foregoing instrum ent w as acknow ledged before m e T HIS 12TH D AY O F D EC EM BE R IN T HE Y EA R 2008, by C RY ST ALM OORE of ern R ES ID EN TIA L LE ND IN G IN C., A S A TT OR NE Y rN -FA CT FO R AME RIQ UE ST M OR TGAG E C OM PANYon behalf of said CO PO RA TIO N.

BRYANJ .BLY.. ... .. J.81y .

N ota ry P u Ie, S 1a \e o f R orid aCommiss ion II DO 6 91 0 55ExDIraa JulY01l~"BondadTh~ N a 6 c r i I I "_Men.112011y: Je ssica F retw eIIIN TC ,2 1o o A IL 1 9 N orth , P alm H arb or, F L 3 46 83 (8 00 )34 69 15 2

C RLAS 9 23 86 12131 WAMUCJl9 99 94 9 M IN 10 00 15 00 08 11 83 584 3 M ER S P HONE 1 8 g8 6 79 M ER S fo rm 5IF RM IL I1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

EXHIBITI

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L O R I G A D B O ISR E a J R D mK A N k A K E E C O O N J Y , I lR E C Q I ) E D O N02/08/2010 12:06:41PMRE C F EE : 2 1.0 0RHSP: 10.00P A G E S : 3

3000049613L

AFFIDA VIT OF LOST ASSIGNMENTTh e undersigned B RYAN B LY , being duly sw orn deposes an d states bollow,,:1. 1bat (5 )b e IS !'Ia n V IC B PR ESIDENT of fINA NCIAL FR EEDOM SENIOR f-"UND IN G C ORPO RA TIO NbaVlng Us pnnc1ple place ofbasineu at 190 ~OLOGY PARKWAY SUITE )00, NORCROSS. GA JOO!)2, an officer d uly aU lb on zcd 1 0m ab th is afftdaviL2. Th at (s)h e h as personal know ledge of the faets set forth IDthiS AfflCJaviL3. That FINA NCIAL FREED OM SEN IO R FUN DING CO RPOR ATION ("Cun-ent Mortgagee) IS the owne ran d h old er of a ccnain mangage dated 08 lO4l2OO6 made by BEVERLY E HILL at. mor tsasors to GSFMORTGAGE CORPORA nON as ongmal mortgagee, which mortgage was recorded In the oflicc of theR egister or R ecorder/C lerk of K ANKAKEE C ounty, on 0811112006 InBoot/reel page or Doc# 200620486-This loan m ayor m ay not have been further assigned.T be m ongage prennse arc known as: 365 S. Y ATES AVE., K ANKAKEE, n.6090116-1 (M) 1204-013SEE AITACHED EXHIBIT A4 That Cu rr en t Mo rt ga ge e owns an d holds wd mortg ag e as a resu lt o f sale lin d 8 SS Jgnmen t th ereo f 1 0 C urren tM ortgagee from G SF MOR TGAG E COR PO RA nON ("M ortgagee of R ecord").S That th e flies an d rcc:ords o f Cu rr en t Mo rt ga ge e r ela tin g 1 0 th e mortgage do no t contai n elthCf a nx:ordcd or anu nreco rd ed In strumen t o f an aS Slg nm en t from Mortg ag cc o f Record toCurrent Mortgagee.6 . T hat th e A ffian t h as con clu ded th at th e A sS ig nm en t w as lo st. m IS placed o r d estro yed b efo re tb e sam e co uld bep la ce d o f r ec ord7. Th at C urrent M ortgagee 15 unable to obtain an lDstrumcnt confUDIJng the sale ond assignment of wdmOl1gage f rom the Mongagee o fRcc or d

1 1 1 1 1 1 1 I 1 1 1 1I I I m l ~ l l l I m I ~ I I m i l l W I I H I*11340073*

Kan ka kee Cou n ty Re cor de r

EXHIBITj a. .

Document' 201001764 P ag e 1 o f3

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8 . T ha t C urrent M ortga gee du ly and pro perly acq uire d th e m ortg age, an d bas thereafter servIced the sam e aodh as in its possessIon lhe N ote secured thereby IU Id a ll or the other m ortgage loan docllm cntabon pertatnlDg tosaid mortgage .9. T hat C urren t M ortg agee is t b e OWJJCr of the mortgage and th e Note secured thereby, and bas not furthera ssigne d or trans fe rre d sa id N ote and m ortga ge to any o th er party.10. T hat tbts affidaV it IS m ade to induce th e Register/R~er of saKi county to 8tcCpt for recording thisIIIs trument, executed and 8ckDowiedged by C urrent M ortgagee. lD place of said lost, m isplaced or dcslroyedassignment.II. C urrent M ortgag ee agree s to ind em nify an d h old h arm less th e R ec orde r, R eB lS IrB r or C le rk of s aid C oun tyfrom an d agB Jnst any cost or claim s w hich m ay arise by IU son of the atcCptance nn d r ec on it ng o f t his a ff id aV ItDated: Otn6ll010. FINANCIAL FREEDOM SENIOR FUNDING CORPORATION

STA: OFFLO COUNTY OF PINELLAS .O n 011 26 120 10 b efore m e, C RY STAL MOORE . N otary Pu blic, p erson ally a ppe ared BRYAN BLY person allyknown to me (or proved to me on tho basis of Bllt isfactory eVidence) to be the person whose name IS su~bedto th e w nJlln lDstrumeDl and acknowledged to m e th at h tlsh c eX ec uted th e same an h ls lh er a ul ho nz ed c ap ac '''y ,and that by b1 Slbe r sIg nature on th e illlo tru meni th e pe rs on, or en bty upo n behalf of whIch the person acted.executed the ~WITNBSS MY band and official seal.:,_. _ .. _CRYSTA L MOORE1 \ 1\ Ii\Notary Pub& c,State of FloridaJ V \ ~ Commission # DO 9 27 24 2CRYSTAL M ~ E x I J i r e & Stgrtember 23,2013Nota ry P ub bc lC ommis sio n e xp i~ 0 9/2 3/2 01 3 Bonded 111rougti Na1Ion . NoIa ryAAn.Prepared by Jessica PrelWell /NTC.2100 All 19 N ortb , P alm H arbo r, F L 3 46 83 (800)346-91S2When R ecorde d R etu rn T of in an cia l F re ed omCIONTC2100Alt 19NorthPa lm H arbo r, FL 3 468 3F FSAM 1 13 40 07 3 WRr.l 4 C J2 41 76 28 M IN 1 00 85 4 fo nn Sn aax l

I I I I I I ~ I I I 0 1 1 1 1 1 1 I 1 1 1 11 1 m I I I I I m l l i l l11340()7J-

Kankakee County Recorder Document' 201001764 Page 20f3

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Kankakee C oun ty Rec order Doc um en t' 2 0 10 017 64 . P ag e 3 o f3

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L EGAL DESCR IPTIONLo t 6 in B lo ck '" III tillS1IINIiviIio.Jao r . , . ofGIl NortbIuI F I I C I I D a I l " ofSecdoa 1 . TonsW p 30 .... Rap14Watoftbe S e a o D d PrfDcIpdMaidlla. aplaald by LaSaD. ,..,26, 1902,. ~ Mq 26.11G2.iD8 0 0 I c orp lala "C" at .... 11 , namIa at~CcIuntJ, ~ s i I m I I c d iII_CoIIIIty oflCmb..... d J o . . . ,oflDi l lDiLProperty Addms : 36$ S o u I h Yldal A V C I I I I C

Kanbbe. IL 60901P o n n a n e n l l l l d e r x Number: 16-16-01-204-013

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" '-'".40. .III. _ . R B : I I I J B J 0108/0312010 01 :53:2fIPMD W P A I G N a J U l l I Y. R B D IJ S cB A R B A R A A . f R A & W \

IE f E E : 25.00IIISPS Fee: 10,00R E V F E E :PNIS 2P 1 A T A C T : 0P l A T P A G E :

..~ Rccord ct Rc lum To :..t Select P o r t f o li o S e n ~ m 'i d D & ~lac.C/O NTC. 2 1 0 0 A IL 1 9 NoJIhPalm Harbor, PL 34683Loun II: llal638S98

AFF IDAVIT OF M lS SING ILOST ASS IGNMENT . .The under si gned being first duly swam alleges or deposes 8& follows: . .1.1'bI1I helshe is autborized by the IIOIe I IoIdar to make Ibis affidavit.2.ThBlllOlWilhstaDdlns th e fact thIl an ISIiJlUllClll(s) huIhIve Dol bcea recorded. Ihc undcnIlpcd Is Ihe ~ tilFaa fo r diecunent h o l d e r af f IMor C U S f O d i I l D of th e tuB sc:c:md by th o MortpplDccd ofTruat dated 0 1 l 2 S l 2 O O O . l a : u l C l e d in Boot , Page Insbumcnt No. lOOORCJ22J9. em 0'lJ01/2000 whereiD C H R J S S CAVANAUGH AND DANIBL L CA VANAUOH islarc theProperty OwIIerfMoItpiorfl 'l1ISIDr{l). AMER IC AN LOAN C EN TER S Is th e orlpw Mort pa ee IBen ef ic :i ar y, c :o nc em in l rcal.property Iocllted in ~ CaunIy o f CHAMPAIGN . Stale of Illinois. .3. Th~1th e Affiant b a s c :om:ludcd that Ihc Assignment w a S loat. misp laced or ~ bctorc Ihc SIIiI1C could be p l aced of record.4 . T h at Current Mongap Is u n a b l e io o bta iD a n i l l S b ' U l l l e l d c:oafinning di e s a l e an d I ISSignmcn t of t h e Cu rr ea t Monpp from aprior Mortpgee of r e c o r d .S. That Cum:au Monppc duly im d properly acquired th e Mortpae, a D d baa tba'CIIftIIr serviced th e same &ad h a s in its possessiontho note s e c u r e d tbcreby a n d all oftba other monpae l o a D docummtatkm p c : r t a i J d n a C D a a i d MOitpF.6. Thai Cum:alMortppc is the OWllCl' of th e Mortpae an d the DOte s e c u r e d thereby, and h a s nat further assiped or aansferredsaid nDIC an d Mortpp 10 any odu:r party.7. The undcastpcd.1I r=onIlDg dd s documcnl"'1 r o r Ihc putpOIIC of effecting. (RcIcucIModlficadon of theMortppIDccd ofTnIst) IUHIhe Cumn t Monppo iudcmnificallplnlt Illy loa wbicb ma), occur ill rcpnI to th e Modifu:alioa of the Mortpp1Dccd ."fTnasL .

Missinll AssIpmenI to THE BANK OP NEW YORK nUST COMPANY, NA (SUCCBSSOR IN INTEREST TOJPMORGAN CHASB BANK. N. A.. SUCCBSSOR BY MEROBR TO BANK ONE, N. A .. FORMBRL Y KNOWN AS 'IHBF IR ST NAnONAL BANK OF C lB CAGO ). A S TRUS'IBI!, ONBEHALP OPTHE HOLDERS OP1HB WMC MORTGAGELO AN PA SS nlR OU ClH CER TlPJC ATES SER IE S 2000-A" located 1110401 Deerwood Park Blvd.. J o c k B o n v U I c . F L 3 22 56 fromAMBRICAN LOAN CBNTERS .Property Address : 1 32 8 SUNSB T DR. RANTOUL. n,61866LOT 107 IN PRAIRIB VIEW PARK SECOND ADDmON TO THE VIlLAGE OF RANTOUL AS PER PLAT RBCORDBD INPLAT BOOK 'r AT PAOB 31, Sm1ATED IN CHAMPAIGN COUNTY,ILLINOIS .

SPSR L 12141459 22 PUlJ . . SW2649335 o the ra ILAAIILJps rI

EXHIBITI 32010R16757 1OF 2

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I d eclare u nd er th e p cu aJty o f p erju ry rbal th e f o J e s o i n a InformaIioD ilaue sa d c:onecIlO the best o f m y k nowled ge. Dale this 26th. day of July in abc year 2010 .

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SELECT PORTFOLIO smtVlCING. INC. as AIIornty-in-FacI farmE BANK OF NEW YORK TRUST COMPANY. N.A.(SUCCBSSOR IN INTERBST TO ORGAN CHASE! B A N J C . N. A.. SUCCBSSOR BY.MEROBR TO BANK ONE, N . A ..FORMERLY KNO THE NATIONAL BANK OPCHlCAGO). A S

S TA TE O F P LO IUDACOUNtY OP P lNBLLASThe fore io il ll instnuneat was acknowledpd before me l hi126dt clay of Ju l y in the ~ 2010 by BR.Y AN BLY . perscma1Iy known10 m e (or pioved to me on t he b as is of sadsfI!ctory ovidcncc) to be die ASSr. VICE PRESIDBNT of SELE'CT PORTFOLIOSERVICING, INC. as AItmDay-ln-FI1ct rormBBANX OF NEW YORK TRUST COMPAN_Y. N .A . (SUCCESSOR ININ TEREST TO JPMORGAN CHASE BANK. N. A .. SlJCCESSORBY MBROBR TO BANK ONB. N. A .. PORMERL Y KNOWNAS nm PJRST NATION AL BAN K O P CH IC AGO ). A S . a c:arp ora1 ioD , o n b eb alf o f th o corpondion.y hand and of fi c ia l seal o n th e dale horeinabow: set foJtb.CRYSTNowy pur . CKpin:s 091231201]Prepared by: Jaslat rntweIIINTC, noo A IL 1 9 NOJth , Palm JIartMw, FL 34QI3 (IIIJO)34Ul52SPSRL 1214145P 22 FU LL SW264P33S odJcr1ILA AIIL....IpsrI

CRYSTAL MOORE~ PublIc , SIabt of FloridaCOll1mlla lon # DO 927242~~232013Bond8d ThraUgI1 N a 1 I O n a t N c i i r y Aa81.