Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
14Activity
0 of .
Results for:
No results containing your search query
P. 1
HOW TO REMOVE CLOUDED TITLE--ADVERSARY PROCEEDING- VOID DEED OF TRUST 2011

HOW TO REMOVE CLOUDED TITLE--ADVERSARY PROCEEDING- VOID DEED OF TRUST 2011

Ratings: (0)|Views: 776|Likes:
Published by 83jjmack

More info:

Published by: 83jjmack on Jan 23, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

06/13/2013

pdf

text

original

 
 IN THE UNITED STATES BANKRUPTCY COURT FORTHE NORTHERN DISTRICT OF MISSISSIPPIIN THE MATTER OF: CHAPTER 13 NO.:SAMUEL M. BROTHERS and LORA BROTHERS 10-10518-NPOLOCKE D. BARKLEY, Chapter 13 Trustee PLAINTIFFVS. A. P. NO. _________________TRUSTMARK NATIONAL BANK;BAC HOME LOANS SERVICING, L.P.,Individually and as Servicer for THE BANKOF NEW YORK MELLON TRUST COMPANY, N.A.,AS TRUSTEE FOR CERTIFICATEHOLDERSOF CWMBS 2005-R1; THE BANK OF NEW YORK MELLONTRUST COMPANY, N.A., individually and as Trustee forCERTIFICATEHOLDERS OF CWMBS 2005-R1;and UNKNOWN DEFENDANTS 1 through 10. DEFENDANTSCOMPLAINT TO DETERMINE SECURED STATUS,REMOVE CLOUD FROM TITLE, SANCTIONS, AND OTHER RELIEF
 COMES NOW Trustee, Locke D. Barkley, by and through counsel, and filesthis Complaint to Determine Secured Status, Remove Cloud from Title, Sanctions,and Other Relief and in support thereof states as follows:
JURISDICTION & VENUE
1. This is an adversary proceeding brought pursuant to Rule 7001 of theFederal Rules of Bankruptcy Procedure.2. This Court has jurisdiction over this adversary proceeding pursuant to28 U.S.C. §§ 157 and 1334 and 11 U.S.C. §§ 105 and 542.3. This contested matter is a core proceeding as defined by 28 U.S.C. §157.4. Venue is proper under 29 U.S.C. § 1409.
Case 11-01006-NPO Doc 1 Filed 01/07/11 Entered 01/07/11 16:59:37 Desc MainDocument Page 1 of 11
 
PARTIES
5. Trustee, as Plaintiff, has standing to bring this action pursuant to 11U.S.C. §§ 323, 1302, and 1330.6. Defendant Trustmark National Bank is a National Bank and FDIC-Insured Subsidiary of Trustmark Corporation with its principal place of businesslocated at 248 East Capitol Street, Jackson, MS 39201. Defendant may be servedwith process of this Court upon its registered agent, T. Harris Collier, III, 248 E.Capitol Street, Jackson, Mississippi 39201. Individually this defendant will bereferred to as “TNB” herein below.7. Defendant BAC Home Loans Servicing, L.P. is a subsidiary of Bank of  America, N.A. with its principal place of business located at 6400 Legacy Drive,Plano, Texas 75024. Defendant may be served with process of this Court upon anyofficer of the corporation by mailing a copy of the summons and complaint to theprincipal place of business. Defendant is being sued in its individual capacity andas Servicer for The Bank of New York Mellon, N.A. as Trustee for Certificateholdersof CWMBS 2005-R1. Individually this defendant will be referred to as “BAC” hereinbelow.8. Defendant The Bank of New York Mellon Trust Company, N.A. is aNational Bank with its principal place of business located at 700 South FlowerStreet, Suite 200, Los Angeles, California 90017. Defendant may be served withprocess of this Court upon any officer of the corporation by mailing a copy of thesummons and complaint to the principal place of business. Defendant is being suedit its individual capacity and as Trustee for Certificateholders of CWMBS 2005-R1.Individually this defendant will be referred to as “BONY” herein below.9. Unknown Defendants 1 through 10 are corporate entities and/orindividuals that may have a legal interest in the promissory notes, deed of trust,
Case 11-01006-NPO Doc 1 Filed 01/07/11 Entered 01/07/11 16:59:37 Desc MainDocument Page 2 of 11
 
assignments or the real property which is the subject of this proceeding and/or whomay be responsible for the acts complained of herein.10. Collectively the defendants named above will be referred to as“Defendants.”
FACTS
The Brothers’ Mortgage11. On or about October 31, 2000, Debtors, Samuel M. Brothers and LoraBrothers (“Brothers” or “Debtors”), executed a promissory note (the “Note”) payableto Realty Mortgage Corporation
1
12. The subject real property is more particularly described as follows:and a deed of trust (the “Deed of Trust”) conveyingtheir certain real property to RMC in trust to secure repayment of the Note. TheDeed of Trust was recorded in the land records of Washington County, Mississippi inBook 2155 at Page 199. The Note and Deed of Trust are attached hereto as Exhibits“A” and “B,” respectively.Lot 18 of Block 3 of the McCorkle Addition to the City of Greenville,Washington County, Mississippi, according to a map or plat of saidaddition, recorded at plat book 5 at page 15 of the land records of Washington County.13. On or about October 31, 2000, the Note was endorsed by RMC withoutrecourse to Trustmark National Bank.14. The Deed of Trust was assigned by RMC to Trustmark National Bankby virtue of an assignment dated October 31, 2000, and recorded in Book 2155, Page300 of the land records of Washington County, Mississippi. Such assignment isattached hereto as Exhibit “C.”
1
Realty Mortgage Corporation (RMC) is a Mississippi corporation which was engaged in the business of mortgage origination and lending. RMC filed a petition for chapter 11 bankruptcy relief on February 7,2009, in the United States Bankruptcy Court for the Southern District of Mississippi, case number 09-00544-NPO. The bankruptcy case remains active as of the filing of this complaint.
Case 11-01006-NPO Doc 1 Filed 01/07/11 Entered 01/07/11 16:59:37 Desc MainDocument Page 3 of 11

Activity (14)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
FreedomofMind liked this
JohntheBaptist11 liked this
jjandbobscribd liked this
Ren liked this
jazzatm liked this
monbarrs liked this
puretrust liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->