IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION

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1 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION PLAINTIFF 1 ) ) Plaintiff, ) No. ) v. ) ) 7303 INCORPORATED, d/b/a START ) REHAB, INC.; PIONEER SERVICES, ) LLC; WESTERN SITES, LLC; THE ) CHICAGO TRUST COMPANY; ) AGENT, and ) DEFENDANT 2, ) ) Defendants ) COMPLAINT FOR QUIET TITLE AND OTHER RELIEF INTRODUCTION Plaintiff 1 brings this action to obtain redress for the Defendants fraud in connection with her home. As set forth below, Plaintiff 1 complains that defendants made numerous false statements and misrepresentations about the nature of the transaction, and forged or fraudulently affixed her signature on a warranty deed in order to wrongfully regain possession of the property. JURISDICTION AND VENUE 1. The Court has jurisdiction over the parties and the subject matter. All parties necessary to the determination of this cause have been duly joined and are properly before the Court. Venue is proper pursuant to 735 ILCS 5/2-103(b), because the real estate which is the subject of this complaint is situated in Cook County. PARTIES 1

2 2. Plaintiff 1 ( Plaintiff 1 ) is a 76 year old woman who resides in the City of Chicago, Cook County, Illinois. 3. Defendant 7303 Incorporated, doing business as Start Rehab, Inc. ( Start Rehab ), is an Illinois Corporation with offices located at 6325 N. Avondale Avenue, Suite C-2, Chicago Its registered agent is Agent with an address for service of process listed as the same address. 4. Defendant Pioneer Services, LLC ( Pioneer ) is an Illinois Corporation with offices located at 6325 N. Avondale Avenue, Suite C-2, Chicago Its registered agent is also Agent at the same address. 5. Defendant Western Sites, LLC ( Western Sites ) is an Illinois Corporation with offices located at 6325 N. Avondale Avenue, Suite C-2, Chicago Its registered agent is Agent at the same address. 6. Defendant The Chicago Trust Company ( Chicago Trust ) is or was an Illinois Corporation with offices located at 1031 W. Exchange Street, Chicago, Illinois According to the Illinois Secretary of State Corporations Search web page, Chicago Trust was the former corporate name or predecessor in interest of an entity registered as the Principal Services Trust Company, as of the year However, that corporation ceased to be registered in Illinois as of the year The registered agent of Chicago Trust was listed as Illinois Corporation Service, 801 Adlai Stevenson Drive, Springfield, Ilinois, 62703, and its president was listed as Stuart D. Bilton, at 171 N. Clark Street, Chicago On information and belief, based on counsel s investigation, The Chicago Trust Company was at one time part of Chicago Title and Trust Company, a well-known title insurance and trust company located at 171 N. Clark Street in Chicago. However, Chicago Trust was spun 2

3 off into a separate entity approximately fifteen years ago. Plaintiff has been unable to locate a currently operating office or entity by the name of Chicago Trust Company. It was last registered with the Secretary of State in Defendant Defendant 1 ( Defendant 1 ) is an individual believed to reside in the City of Chicago, Cook County, Illinois. At all times relevant he operated and controlled and acted on behalf of Start Rehab, Pioneer Services, and Western Sites. 9. Defendant Defendant 2 ( Defendant 2 ) is a notary public, commissioned in the State of Illinois. On information and belief, she materially participated in and was aware of the fraudulent scheme described below. FACTS RELATED TO MULTIPLE COUNTS 11. Plaintiff 1 has resided at 9142 S. May Street, in Chicago, since August 14, She is the sole grantee of a deed dated July 8, 2009, recorded on or about October 14, 2009, transferring title from Pioneer Services to Plaintiff 1. (Exhibit A, attached, Cook County Recorder of Deeds document number ) 12. The aforementioned home is situated in Cook County and is described as follows: The North 30 feet of Lot 13 in Robert Volk s Subdivision of Block 3 in the Subdivision of that part Westerly of the Right of Way of the Chicago Rock Island and Pacific Railroad of the South ½ of Section 5, Township 37 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Index Number: Prior to August, 2009, Plaintiff 1 lived at 9623 S. Forest Avenue, in Chicago. 14. In July, 2009, Plaintiff 1 answered a newspaper ad for a house for rent and spoke to a man named John. He told her he knew of a different, larger home available that was less expensive and referred her to Defendant 1 and Start Rehab. 15. Start Rehab offered a program to seniors whereby they could obtain a home 3

4 through a reverse mortgage. Start Rehab issued fliers describing this program as follows: Start Rehab has a limited number of single-family and 2-flats that are being made available to seniors 70 years and older. These properties are available to seniors regardless of credit or income requirements usually associated with obtaining mortgages and seniors never have to make a mortgage payment to own the property. You can own a newly rehabbed home for about $ per month (to cover taxes and insurance). (Exhibit B, attached) 16. Plaintiff 1 called Defendant 1 in July, He offered to get her into a a reverse mortgage home through the Start Rehab program. Defendant 1 told her she could get the property if she was at least 62 years of age, paid $1,500 to qualify, and paid $900 for house insurance. 17. Defendant 1 told Plaintiff 1 that she could live in the property for the rest of her life, and would only have to pay taxes, insurance and utilities. Defendant 1 said that after she died, the property would pass to a beneficiary of her choice for one year and then would be sold. If the house was sold for more than $135,000 the beneficiary would be paid the surplus. 18. Defendant 1 told Plaintiff 1 that the monthly payment was $250 per month, which would cover the approximately $3,000 annual property taxes, plus house insurance. He told her she was to pay the property insurance separately, but through his company. 19. Plaintiff 1 accepted Defendant 1 s offer, and on or about July 8, 2009, an employee of Start Rehab picked her up and brought her to 6325 N. Avondale Avenue in Chicago, which is the office for Start Rehab, Pioneer, and Western Sites. 20. At the office, Defendant 1 presented Plaintiff 1 with several documents for signature. She thought she was signing papers to allow her to live in the house for the rest of her 4

5 life. Defendant 1 covered the body of the documents with a folder in his hand, leaving only the signature lines visible. 21. Plaintiff 1 told him she wanted to read what she was signing. Defendant 1 replied that there was no time to explain all of the papers to her and rushed her through signing and initialing. She did not date any of her signatures. 22. Members of Defendant 1 s staff were present in the office as Plaintiff 1 signed the documents but at no time did anyone ask her for a drivers license or other photo identification. At no time did anyone identify themselves as a notary public. Plaintiff 1 did not see anyone notarize the documents she signed. 23. Plaintiff 1 asked Defendant 1 for copies of everything she signed before she left the office. He gave her a folder with some papers in it. Only when she returned home did she realize that he had not given her copies of the documents she had signed, but instead a brochure on reverse mortgages. 24. An employee of Start Rehab drove her home after this meeting. 25. The parties agreed that Plaintiff 1 could make the down payment in installments as long as the monies were paid prior to her taking possession of the property. 26. Prior to August 14, 2009, Plaintiff 1 made several payments to Western Sites, per Defendant 1 s instruction, for the required down payment and insurance premium. On July 8, 2009 she paid $500 in cash. On July 18, 2009 she paid $500 by money order. On August 1, 2009 she made payments of $500 and $900 by money order. 27. Shortly thereafter, Plaintiff 1 arranged with Defendant 1 to move in to the house at 9142 S. May Street on or about August 14, 2009, and she began making monthly payments of $250. 5

6 28. Shortly before she took possession of the property, Plaintiff 1 and Defendant 1 conducted a walkthrough of the house. 29. A man Plaintiff 1 believed to be an employee of Start Rehab videotaped the walkthrough. The interior of the house appeared to Plaintiff 1 to be in order and the renovations appeared to be complete. 30. However, Plaintiff 1 noticed a few problems with the exterior of the property. She informed Defendant 1 of her objections to the broken garage door, the overgrown grass on the lawn, and the large amount of garbage left on the property, apparently from earlier rehab work. These objections were not videotaped. 31. Defendant 1 promised her these problems would be resolved by the time she took possession on August 14, Plaintiff 1 took possession and moved in to the house on August 14, Shortly after she moved in, Start Rehab sent Plaintiff 1 a letter stating, We hope you are very happy in your home! We hope it works well for you in terms of comfort and financially as well. Our focus is still to help seniors in an age where people seem to forget them. Exhibit C, attached. 34. When she moved into the house, the promised repairs to the garage and cleanup to the property had not yet been completed. 35. After she moved in to the property, Plaintiff 1 on several occasions asked Defendant 1 to fix the garage door and remove the garbage as he had previously promised. For several months nothing was done. 36. On or about September 3, 2009, Plaintiff 1 made payment of $ to Western Sites by money order. This was for the $250 monthly charge, prorated for the partial month of 6

7 August. Plaintiff 1 continued to make monthly payments of $250 to defendants through November, Plaintiff 1 paid defendants a total of $3, On or about the night of November 2, 2009, Plaintiff 1 noticed smoke coming from an electrical outlet in the basement. The next day she spoke to Defendant 1 by phone and he agreed to send someone out to address it. No one from Start Rehab came to the house as promised. 39. Plaintiff 1 also called the Chicago Fire Department and firemen responded, noting numerous electrical problems. 40. As a result of this, on or about December 10, 2009, the City of Chicago cited the property with several building code violations, and the City filed a civil complaint against Plaintiff 1 for the violations on or about March 4, 2010, case number 10 M Some time after the City of Chicago cited the building code violations, Defendant 1 caused the electrical repairs to be made, and the civil action was dismissed on or about March 22, In early December, 2009, Plaintiff 1 learned that the property taxes for the house were delinquent and unpaid. 43. At this time, Plaintiff 1 became concerned that Defendants would not pay the taxes timely, so she decided to begin paying property taxes to Cook County directly, rather than through Western Sites and Defendant Plaintiff 1 contacted Defendant 1 concerning the delinquent taxes and informed him that she would pay future property taxes directly to the County and would no longer pay the $250 she had been paying him for property taxes. 7

8 45. After she informed him she would no longer pay the $250 per month, Defendant 1 repeatedly made harassing phone calls to her demanding payment. She changed her phone number due to this harassment. Defendant 1 then began demanding payment in person at the home. 46. In December, 2009, after many requests, Defendants delivered to Plaintiff 1 copies of the paperwork she apparently signed at the July 8, 2009, meeting. 47. In January 2010, Defendant 1 called Plaintiff 1 and told her she needed to sign loan documents so that he could get $135,000 for the house. Having become suspicious of Defendant 1, and because she believed that she had already signed everything needed to get the house under the Start Rehab senior reverse mortgage program, Plaintiff 1 refused to sign any more documents for him. 48. When she signed documents in July, 2009 and moved into the house in August, 2009, it was Plaintiff 1 s understanding that she could live in the house for the rest of her life by paying for property taxes, insurance and utilities. She was not aware of any remaining obligation to sign more documents or borrow money. 49. In April, 2010, Defendant 1 came to speak to Plaintiff 1 at her house, threatening to evict her. 50. On or about April 29, 2010, Pioneer Services served Plaintiff 1 with a Demand for Immediate Possession. 51. Also on or about April 29, 2010, defendants recorded a deed, dated April 28, 2010, purporting to transfer title from Plaintiff 1 back to Pioneer Services. A copy of this deed, recorded as Cook County Recorder of Deeds Document Number , is attached hereto as Exhibit D. 8

9 52. Plaintiff 1 s signature is either forged or fraudulently affixed to this document. She did not sign anything on or about April 29, 2010, and never knowingly sign a deed transferring title back to Pioneer. 53. On or about May 5, 2009, Pioneer Services filed a forcible detainer action in the Circuit Court of Cook County, Illinois, case number 2010-M The Cook County Sheriff served Plaintiff 1 with a summons in that action on May 9, She has appeared and is being represented in that action by counsel herein. 54. Among other documents Plaintiff 1 apparently signed on or about July 8, 2009, was a real estate contract to purchase the house at 9142 S. May Street in Chicago for a price of $135,000. A copy of this document is attached hereto as Exhibit E. At that time, Plaintiff 1 did not know she was entering into an agreement to purchase the property for $135, The same day, Plaintiff 1 also apparently signed a HUD-1 Settlement Statement naming Pioneer as seller, herself as buyer, and Hammond Avenue, Inc. ( Hammond ) as the lender purporting to provide a $135,000 loan. A copy of this document is attached hereto as Exhibit F. 56. Plaintiff 1 did not knowingly enter into any conventional purchase mortgage or loan agreement. Her understanding was that the reverse mortgage, which would not require any regular payments, would pay the cost of acquiring the property. She did not fully understand that she would be the owner of the property, but believed that she would have the right to live there as long as she paid the property taxes and insurance. 57. On information and belief, based on a search of the Illinois Secretary of State Corporations web page, Hammond is not a registered corporation in Illinois. On information and belief, based on a search of the Illinois Department of Financial and Professional Regulation, 9

10 Hammond is not a licensed mortgage lender or broker. 58. Defendants documents list Hammond s address as S. Wabash Avenue in Chicago. This is a residential building on a residential street. This property is owned by Defendant Pioneer, whose registered agent is Defendant Defendants did not provide copies of the aforementioned documents to Plaintiff 1 until December, Included in the documents delivered to Plaintiff 1 in December, 2009, was a trust deed purporting to give a security interest to The Chicago Trust Company in consideration of a loan in the amount of $135,000 at 12% annual interest. See Exhibit G, attached. This document was recorded with the Cook County Recorder of Deeds on October 14, 2009, document number The document contains no address or contact information for Chicago Trust. 61. This trust deed states that Plaintiff 1 shall make monthly principal and interest payments of $ from July, 2009, until December 15, 2009, at which time the entire remaining balance would be due. 62. Plaintiff 1 was not aware of any loan such as that represented by Exhibit G, and did not knowingly sign such a loan document. 63. Neither Defendant 1 nor anyone else advised Plaintiff 1 that she was entering into a six month balloon loan. No one has ever asked her for a monthly payment of $322.12, or the final balloon payment, and she never made any payments related to this property in that amount. 64. On information and belief, Chicago Trust Company ceased to exist as a separate corporate entity in 2002 or 2005, and was not making new mortgage loans in On information and belief, the mortgage purportedly created by the trust deed 10

11 (Exhibit G) was fraudulent and amounted to a fake transaction. 66. After she moved into the house, Plaintiff 1 did not sign any documents for Defendant 1 or any of his agents or employees. She did not authorize anyone to sign her name to any documents on her behalf after July, On information and belief, notary public Defendant 2 affixed her signature and notary seal to Exhibit D. She did this with knowledge that Plaintiff 1 s signature on the warranty deed was a forgery. Defendant 2 did not witness Plaintiff 1 sign Exhibit D. Nor did she collect Plaintiff 1 s thumbprint as required by the Illinois Notary Public Act. 5 ILCS 312/3-102(c)(6). COUNT I Quiet Title - Pioneer 68. Plaintiff incorporates by reference paragraphs 1-67 above. 69. Defendant Pioneer unlawfully claims the right to possession and title of Ms. Bryant s home by virtue of the fraudulent warranty deed purportedly executed on April 28, 2009, and recorded in the office of the recorder of deeds of Cook County, Illinois on April 29, 2009 as document number The interest in the property claimed by defendant Pioneer is invalid because, the plaintiff never signed the deed purporting to transfer title to Pioneer on or about April 28, Plaintiff had no dealings with defendant Pioneer or its agents on or about the date that the fraudulent deed was purportedly executed, April 28, Plaintiff has never authorized any of the defendants, or any other person, to affix her signature as grantor on the deed dated April 28, Plaintiff has therefore never acknowledged the invalid deed. 74. The claim of defendant Pioneer under the deed constitutes a cloud upon the title of plaintiff s home, which greatly diminishes its value and interferes with its sale. 11

12 75. Plaintiff now offers to do equity to defendant in any manner deemed equitable by this court. 76. Plaintiff has no adequate remedy at law. WHEREFORE, Plaintiff prays as follows: a. That the Court deem the aforementioned Warranty Deed, Cook County Recorder of Deeds Document Number , to constitute an illegal and void cloud on title to said real estate; b. That the Court order the aforementioned Warranty Deed, Cook County Recorder of Deeds Document Number , to be canceled of record, and decree the title to said real estate to be free and clear of any deed in favor of Pioneer or any other purported assignee by it. c. That the Court grant Plaintiff 1 such other and further relief as it deems equitable and proper. COUNT II Quiet Title - Chicago Trust Company 77. Plaintiff incorporates by reference paragraphs 1-67 above. 78. Defendant Chicago Trust Company unlawfully claims the right to title of Plaintiff 1 s home by virtue of the fraudulent trust deed purportedly executed on July 8, 2009, and recorded in the office of the recorder of deeds of Cook County, Illinois on October 14, 2009 as document number The interest in the property claimed by defendant Chicago Trust Company is invalid because, the plaintiff did not knowingly sign the trust deed purporting to transfer title to Chicago Trust Company on July 8, 2009, and she did not receive any consideration from Chicago 12

13 Trust Company or benefit from the trust deed. 80. Plaintiff has never authorized any of the defendants, or any other person, to affix her signature as grantor or mortgagor on the trust deed dated July 8, Plaintiff has therefore never acknowledged the invalid trust deed. 82. The claim of defendant Chicago Trust Company under the trust deed constitutes a cloud upon the title of plaintiff s home, which greatly diminishes its value and interferes with its sale. 83. Plaintiff now offers to do equity to defendant in any manner deemed equitable by this court. 84. Plaintiff has no adequate remedy at law. WHEREFORE, Plaintiff prays as follows: a. That the Court deem the aforementioned Trust Deed, Cook County Recorder of Deeds Document Number , to constitute an illegal and void cloud on title to said real estate; b. That the Court order the aforementioned Trust Deed, Cook County Recorder of Deeds Document Number , to be canceled of record, and decree the title to said real estate to be free and clear of any deed in favor of Chicago Trust Company or any other purported assignee by it. c. That the Court grant Plaintiff such other and further relief as it deems equitable and proper. 13

14 COUNT III Equitable Mortgage - Pioneer 85. Plaintiff incorporates by reference paragraphs 1-67 above. 86. Pioneer s agent, Defendant 1, described the financing for the transaction as a reverse mortgage where no payments would be due on the mortgage as long as Plaintiff 1 lived in the house. 87. Defendant 1 also purported to provide or arrange the financing for the transaction through his companies, and did not require Plaintiff 1 to apply elsewhere for the mortgage. 88. Therefore, to the extent that Pioneer may be entitled to consideration for its transfer of title to Plaintiff 1, it should equitably be considered to have provided seller-financing. 89. Therefore, the transaction between Pioneer and Plaintiff 1 should properly be construed as the granting of an equitable mortgage in the nature of a reverse mortgage, in favor of Pioneer, with no payments due as long as she lives in the home. WHEREFORE, Plaintiff asks this court to enter an order: a. Declaring the transaction between Pioneer and Plaintiff 1 to be a reverse mortgage, with no payments due as long as she lives in the house; c. Awarding such other relief as is equitable and just. COUNT IV Common Law Fraud - Agent, Pioneer Services, Western Sites, Start Rehab 90. Plaintiff 1 incorporates by reference paragraphs 1-89 above. This count is pled against defendants Pioneer, Western Sites, Start Rehab and Defendant Defendants made numerous material false representations and deceptive omissions, 14

15 as set forth above, to Plaintiff Defendants knew their representations and omissions were false and misleading at the time they made them. 93. Defendants made the false representations and deceptive omissions intentionally in order to deceive Plaintiff 1 and to induce her to enter into the subject transaction. 94. Plaintiff 1 reasonably relied on defendants false representations and deceptive omissions, and was in fact induced to enter into the transaction to her severe detriment. 95. Defendant 1 and entities controlled by him have engaged in a pattern and practice of deceiving elderly home buyers into believing they were acquiring homes through the Start Rehab reverse mortgage program, where they would only have to pay for taxes, insurance, and utilities. 96. On information and belief, Defendant 1 created a scheme to defraud individuals and financial institutions by using sham transactions and fraudulent appraisals to obtain the financing to pay off false liens and thereby sell real estate for far greater than its actual market value. 97. Defendant s conduct was egregious and warrants substantial punitive damages to punish defendants and to deter defendants and others from engaging in similar conduct in the future. WHEREFORE, plaintiff prays that the Court enter judgment in her favor and against the Defendants and award the following relief: Actual, consequential and punitive damages, and such other or further relief as the Court deems appropriate. COUNT V 15

16 Illinois Consumer Fraud Act - Pioneer, Western Sites, Start Rehab, and Defendant Plaintiff incorporates by reference paragraphs 1-97 above. This count is pled against defendants Pioneer, Western Sites, Start Rehab and Defendant 1, only. 99. Pioneer, Western Sites, Start Rehab and Agent knowingly conspired and agreed to engage in unfair and deceptive practices, as described herein At all times relevant herein, there was in effect the Illinois Consumer Fraud Act ( ICFA ), 815 ILCS 505/2 which states in pertinent part: [U]nfair or deceptive acts or practices, including but not limited to the use or the employment of any deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact, with intent that others rely upon such concealment, suppression or omission of such material fact, or the use or employment of any practice described in section 2 of the Uniform Deceptive Trade Practices Act, approved August 5, 1965, in the conduct of any trade or commerce are hereby declared unlawful whether any person has in fact been misled, deceived or damaged thereby. In construing this section consideration shall be given to the interpretation of the Federal Trade Commission and the Federal courts relating to Section 5(a) of the Federal Trade Commission Act At all times relevant to this case, defendants were engaged in commerce and trade in Illinois Defendants employed unfair and deceptive acts and practices and made fraudulent misrepresentations and misstatements and omissions of material fact, as set forth above, with the intent that Plaintiff 1 rely upon such acts, practices, representations, misstatements and omissions of material fact. 16

17 103. Said unfair and deceptive acts and practices and fraudulent misrepresentations and misstatements and omissions of material fact include but are not limited to the following: a. Soliciting elderly consumers with misleading advertising; b. Misleading Plaintiff 1 into thinking that after the initial signing of paperwork in July, 2009, she would not have to sign any additional loan documents or refinance the property; c. Misleading Plaintiff 1 into thinking she could live in the home for the rest of her life for $250 per month plus insurance and utilities; d. Misrepresenting and omitting the fact that Plaintiff 1 was signing a trust deed requiring a balloon payment for the entire purchase price after just five months; e. Misleading Plaintiff 1 as to the nature of the services offered by Start Rehab, Western Sites and Pioneer; f. Attempting to wrongfully take possession and title from Plaintiff 1 by way of a fraudulent warranty deed, recorded with the Cook County Recorder of Deeds as Document Number ; g. Acting as an unlicensed mortgage broker; h. Acting as an unlicensed mortgage lender; and i. Acting as an unlicensed real estate broker Said acts and practices and fraudulent misrepresentations and omissions of material fact were unfair, deceptive, and contrary to public policy and generally recognized standards of business. 17

18 105. The misrepresentations and omissions were material, in that they concerned essential terms of the transaction between the parties The misrepresentations were made for the purpose of inducing Plaintiff 1 to enter into the transaction As a direct and proximate cause of Defendants actions, Plaintiff 1 has suffered substantial economic harm including but not limited to the apparent loss of title to the home and the impending loss of a place to live due to the forcible entry and detainer action brought against her by Defendants. WHEREFORE, Plaintiff prays that the Court enter judgment in her favor and against the Defendants and award the following relief: a. Voiding the Warranty Deed purporting to transfer title to Pioneer, Cook County Recorder of Deeds Document Number ; b. Voiding the Trust Deed purporting to transfer title to Chicago Trust Company, Cook County Recorder of Deeds Document Number ; b. Awarding actual and punitive damages in an amount to be determined at trial; c. Awarding recoverable costs and attorney s fees; and d. Awarding such other relief as is equitable and just. COUNT VII Misconduct By Notary Public - Kann 108. Plaintiff incorporates by reference paragraphs 1-67 above This Count is pled against defendant Defendant 2, solely. 18

19 110. Plaintiff 1 did not appear before Defendant 2 on or about April 28, Plaintiff 1 did not sign any deed or documents on or about April 28, Defendant 2 did not observe Plaintiff 1 signing the Special Warranty Deed dated April 28, 2010, recorded April 29, 2010, as Document Number , purporting to grant title from Plaintiff 1 to Pioneer Services Defendant 2 notarized and certified the Special Warranty Deed dated April 28, 2010, recorded April 29, 2010, as Document Number , without witnessing Plaintiff 1 signing it Plaintiff 1 s signature on the purported deed was forged or fraudulently affixed. If Plaintiff 1 did physically sign the purported deed, she did so unknowingly, and Defendant 2 notarized the purported deed at some time after Plaintiff 1 signed the document, during which time the date of the deed was added to the document The Illinois Notary Public Act (5 ILCS 312/1-101 et. seq.) states that a notary public is liable to the persons involved for all damages caused by the notary s official misconduct. 5 ILCS 312/ The Illinois Notary Public Act defines official misconduct as the wrongful exercise of a power or the wrongful performance of a duty The purported April 28, 2010, deed is falsely notarized, and the grantor s name is omitted from the certification The purported April 28, 2010, deed is a pastiche of mixed documents. Page one of refers to a Special Warranty Deed and sets forth a conveyance from an individual to a corporation, while page two is refers to a deed from a corporation to an individual. The certification indicates that the person signing for the grantor is the President or Secretary of said 19

20 corporation The certification that Plaintiff 1 signed said instrument in Defendant 2 s presence is false and constitutes the wrongful performance of a duty on the part of Defendant 2 as a Notary Public The certification that Plaintiff 1 delivered said instrument as her free and voluntary act is false and constitutes the wrongful performance of a duty because either it was forged or Plaintiff 1 was unaware of the content of the instrument at the time it was signed, if she signed it, and Plaintiff 1 did not deliver said instrument as her free and voluntary act Defendant 2 could not have and did not collect Plaintiff 1 s thumbprint in connection with the notarization of Exhibit D The failure to collect Plaintiff 1 s thumbprint as required by the Illinois Notary Public Act constitutes a wrongful performance of a duty. WHEREFORE, Plaintiff 1 asks this court to enter an order finding in plaintiff s favor and against defendant and: a. Awarding actual and punitive damages in an amount to be determined at trial; b. Awarding recoverable costs; and c. Awarding such other relief as is equitable and just. Respectfully submitted, Plaintiff s Attorney Michelle A. Weinberg 20

21 LEGAL ASSISTANCE FOUNDATION OF METROPOLITAN CHICAGO 111 W. Jackson Street, Suite 300 Chicago, Illinois (312) Atty No