Friday, January 11, 2008

Samuels - Countrywide (CFC) Chief Legal Counsel to Answer Today, Friday, in Alleged Fraudulent Documents Case

Samuels - Countrywide (CFC) Chief Legal Counsel to Answer Today, Friday, in Alleged Fraudulent Documents Case

A hearing in Santa Monica on Friday, January 11, 2008, 8:30am will review Countrywide's role in Samaan v Zernik (SC087400). Defendant claims that the case is founded fraud through documents provided by Countrywide. Countrywide claimed and the court concurred it was "merely a witness". CFC President, Angelo Mozilo, and Chief Legal Cousel, Sandor Samuels, so far refused to answer regarding the documents in question. However, on December 28, 2007, Saumuels filed a "Notice of Interested Person" in the case. In response, Defendant Zernik noticed an ex parte application "for an order to show cause why Mr Samuels should not have to answer... regarding the two alledgedly fraudulent Countrywide documents.", to be heard Friday, Jan 11, 2008, 8:30am, in Santa Monica, California. Recusals/disqualification statements of at least 3 judges were to CFC. Samuels stated that he is an acquaintance of the current presiding judge.

Beverly Hills, CA () January 11, 2008 -- Samaan v Zernik (SC087400) stems from the failed attempt of Samaan to purchase Zernik's residence in 2004. Defendant claims that the case is based on invalid fraudulent Countrywide* (CFC) documents:

a) An alleged invalid Underwriting Letter, dated October 26, 2004, which was introduced as evidence in court, allegedly misrepresented as a valid Underwriting Letter dated October 14, 2004. Defendant claims that this Underwriting Letter was never part of the official 2004 Loan File produced by Countrywide in response to subpoenas. Defendant claims that the document was added to the file only in April 2007, almost 3 years after the transaction under review.

b) An alleged invalid faxed copy of a Real Estate Purchase Contract with an alleged fraudulent fax header imprint, bearing no ID or phone number, as required by FCC Regulation. Plaintiff represented in court that the document was faxed from Victor Parks, Loan Broker in Washington State to Countrywide in San Rafael, California, on October 25, 2004, 5:03pm, as shown in the fax header time stamp. Defendant alleges that fax logs show that the document was in fact the product of fax transmission between Plaintiff, Nivie Samaan, and her husband, JR Lloyd, both in Los Angeles, as part of a convoluted fax/wire fraud involving Countrywide.

Both documents originated from sub-prime Countrywide Home Loan, San Rafael Branch with support declarations by Branch Manager Maria McLaurin. Media reports from litigation in New York earlier this week, quoted Countrywide attorneys stating letters they submitted as evidence in court were "recreated" documents. Both Countrywide officers declined so far to take any action or answer any questions regarding the allegations of fraudulant documents in Samaan v Zernik.

The case is currently heard by Judge T Friedman, the 8th presiding judge in this case so far. In his "Notice of Interested Person" Samuels stated that he " is acquainted with Judge Terry B. Friedmanis" but stated that "They have not communicated about this lawsuit". Two previous judges, Allan Goodman and John Segal listed Countrywide as the reason for their disqualifications, after ruling in the case each for about a month. Judge Allan Goodman stated in his recusal that he had "a longstanding close personal relationship with the General Counsel of Countrywide".A third judge, Jacqueline Connor, was disqualified after presiding in the case for over a year. Defendant's filed statement, which led to Judge Connor's disqualification was based on the claim "Judge Connor routinely offers Plaintiff and Non-Party Countrywide preferential treatment". In her response in open court, Sept 10, 2007, Judge Connor, known also as the presiding judge in the first Rampart Trial stated:"I absolutely, adamantly deny and contest and dispute the allegations made by Mr. Zernik. I don't concede anything, but I believe in the interest of justice it is appropriate for me to recuse myself".

*Countrywide here denotes Countrywide Financial Corporation, Inc (CFC) and all its subsidiaries and affiliates, jointly and severally.

** Additinal court documents can be found at:
In Pro Per in LA

For additional information regarding this action contact:
Joseph Zernik, DMD,PhD

Email: 123456xyz @