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IN THE UNITED STATES BANKRUPTCY COURTFOR THE NORTHERN DISTRICT OF FLORIDAPENSACOLA DIVISIONIn re:BANKRUPTCYCASE: 08-30376 LMKSUSAN MARIE HARRISA/K/A SUSAN MARIE RHODES, DebtorCHAPTER 13======================================================SUSAN MARIE HARRISA/K/A SUSAN MARIE RHODES, DebtorPlaintiff,vs.Adversary Proceeding Number:Ben-Ezra & Katz P.A.,LENDER PROCESSING SERVICES, INC.,LPS DEFAULT SOLUTIONS, INC.Defendants,
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Case 11-03021 Doc 1 Filed 04/21/11 Page 1 of 57
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The Plaintiff individually and on behalf of all other persons similarlysituated brings this adversary proceeding as a proposed class actioncomplaint against Defendants Ben-Ezra & Katz, P.A., Lender ProcessingServices, Inc., and LPS Default Solutions.
I.
JURISDICTION AND VENUE
1. This court has jurisdiction over the parties and the subjectmatter of this proceeding pursuant to 28 U.S.C. §§ 1334, 151 and 157. Thisis a core proceeding pursuant to 28 U.S.C. § 157(b) as to all claims andcauses of action asserted in this complaint.2. All causes of action are based on the Bankruptcy Code of theUnited States.3. Venue is proper in this district pursuant to 28 U.S.C. § 1409.
II.
PARTIES
4.
Plaintiff (hereinafter “Harris”) is a resident citizen of the Stateof Florida and a debtor in Case No. 08-30376 LMK, filed in this Court.5.
The Defendant Ben-Ezra & Katz, P.A. is a law firm basedprincipally in the State of Florida. This Defendant (hereinafter “Ben-Ezra”)represents to the public that its focus is Florida foreclosures and relatedbankruptcies. This Defendant may be served with process by serving its
Case 11-03021 Doc 1 Filed 04/21/11 Page 2 of 57
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Registered Agent and Partner, Marc A. Ben-Ezra at 2901 Stirling Road,Suite 300, Fort Lauderdale, Florida 33312.6.
The Defendant Lender Processing Services, Inc. (hereinafter"LPS") is a publicly traded corporation that provides mortgage services tovarious parties in the mortgage industry. LPS has its principal place of business at 601 Riverside Avenue Jacksonville, Florida 32204. LPS doesbusiness in every bankruptcy court in the United States of America by agentor employee including this Court. This company’s stock symbol is alsoLPS. This Defendant may be served by delivering service of process toJeffery S. Carbiener, President and CEO, at the address of this Defendantlisted above.7.
The Defendant LPS Default Solutions is a wholly ownedsubsidiary of LPS. LPS Default Solutions has its principal place of businessat 601 Riverside Avenue Jacksonville, Florida 32204. LPS DefaultSolutions provides management of mortgage loans as a subservicer tovarious national mortgage servicers when a consumer’s loan reaches apredetermined state of default under the contracts which are in placebetween LPS Default Solutions and its clients the mortgage servicers as willbe more fully set out herein. LPS Default Solutions may be served byserving process upon Jeffery S. Carbiener, President and CEO, at the address
Case 11-03021 Doc 1 Filed 04/21/11 Page 3 of 57
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212. As a direct result of the Defendants’ actions the class members for In re Harris – Northern District of Florida Bankruptcy Court Filing v. LPS, LPS Default Solutions and Ben-Ezra & Katz
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