While Plaintiff does not explicitly state that she has defaultedon her loan, see Complaint, she has not disputed in her filings or at theMarch 14, 2011, hearing on the Motion to Dismiss
Defendants’ repeatedassertions of this fact.
three assignments. Complaint ¶ 11. On March 12, 2008, MERS, asnominee for Lime, assigned the mortgage to Deutsche Bank TrustCompany Americas, as Trustee and Custodian for IXIS Real EstateCapital, Inc. (“Deutsche Bank”) (the “First Assignment”). Id. ¶11; see also id., Ex. A (First Assignment). On September 4, 2008,Deutsche Bank assigned the mortgage to Saxon (the “SecondAssignment”). Complaint ¶ 11; see also id., Ex. B (SecondAssignment). On March 5, 2009, Saxon assigned the mortgage to CMREO (the “Third Assignment”). Complaint ¶ 11; see also id., Ex. C(Third Assignment). Each assignment was recorded in the Property’schain of title at the Recorder of Deeds for the City of Providence.Complaint, Exs. A, B, C. Saxon, on behalf of CM REO and throughits local counsel, Nicholas Barrett & Associates, initiatedforeclosure proceedings in October 2010 after Plaintiff failed tomake monthly payments and defaulted on her loan.
Complaint ¶ 10.Plaintiff filed this action to enjoin the foreclosure proceedingsby alleging that the assignments of her mortgage are invalid. Id.¶¶ 8-15.
II. Plaintiff’s Contentions
Plaintiff challenges the validity of the assignments onmultiple grounds. She alleges that the persons executing the
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