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01 Freds Complaint

01 Freds Complaint

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Published by computax53

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Published by: computax53 on Jan 23, 2012
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11/19/2012

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IN THE UNITED STATES DISTRICT COURT FOR THENORTHERN DISTRICT OF MISSISSIPPIUNITED STATES OF AMERICAFredrick Smith )Plaintiff, ))vs. ) Civil Action No.: __________ )Bank of America; )Mortgage Electronic )Registration System; )Morgan Stanly ABS Capital 1 Inc.; )Wells Fargo Bank, National Bank; )WMC Mortgage Corp.; )Recon Trust Company, N.A. )Substitute Trustee; )Lem Adams III, Trustee )and John Does 1-20 )Defendants, )COMPLAINT TO RESTRICT AND PROHIBIT FORECLOSURE, MOTION TO SET ASIDEFORECLOSURE & FOR DAMAGES AND DEMAND FOR TRIALCOMES NOW, Fredrick Smith, Plaintiff, and asks for COMPLAINT TORESTRICT AND PROHIBIT FORECLOSURE, MOTION TO SET ASIDE FORECLOSURE &FOR DAMAGES AND DEMAND FOR TRIAL and seeks an order of the Courtprohibiting Foreclosure sale and award damages. In suppo
rt of thisComplaint, the Plaintiff would show unto the Court the follows:
THE PARTIES
1.
 
At all times herein mentioned Plaintiff was and is anatural person, residing in Desoto Count, Mississippi.2.
 
Defendant, ´MERS´ is Mortgage Electronic Registrationsystems, Inc. ´MERS´ is upon information and belief aseparate corporation that is acting solely as a nominee forthe Lender and Lender¶s successors and assigns. ´MERS´ isthe beneficiary under this Security instrument. MERS is a
 
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Delaware corporation engaged in the business of holdingtitle to mortgages. ³MERS´ conducts business in the Stateof Mississippi as evidenced by the inclusion of its name onthe Assignment of Deed of Trust to ³ADAMS´ recorded onApril 26, 2005 in the Desoto County Recorder's Office.3.
 
Defendant, LEM ADAMS III (³ADAMS") is Trustee for thebenefit of Mortgage Electronic Registration systems, Inc.,´MERS´ acting solely as a nominee for ´MERS´ and it¶ssuccessors and assigns. ³ADAMS" is party to this actiononly in the capacity of Substitute Trustee of Plaintiff¶sDeed of Trust, and the relief sought against Defendant³Adams´ is injunctive relief prohibiting foreclosure sale &decree for trial.
4.
 
Defendant, WELLS FARGO BANK, NATIONAL ASSOCIATION (³WELLSFARGO N.A."), is current Beneficiary of said Deed of Trustand which designates its main office as Sioux Falls, SouthDakota. WELLS FARGO N.A. address is 101 N. Phillips Avenue,Sioux Falls, South Dakota, 57104.
 
5.
 
Defendant, RECONTRUST COMPANY, N.A. (³RECONTRUST"), issubstitute Trustee as evidenced by instrument filed onJanuary 28, 2010. RECONTRUST is a wholly-owned subsidiaryof Bank of America N.A. RECONTRUST is organized andexisting under the laws of CALIFORNIA. RECONTRUST,Corporate Headquarters address is 1800 Tapo Canyon Road,Simi Valley, CA 93063.6.
 
Defendant, MORGAN STANLEY ABS CAPITAL I, INC. (³MORGANSTANLEY"), is beneficiary of said Deed of Trust and isbelieved to owe its existing to the laws of the State
 
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DELEWARE. MORGAN STANLEY¶S Corporate Headquarters addressis 1585 Broadway New York, New York 10036.7.
 
Defendant, WMC MORTGAGE CORP. (³WMC MORTGAGE") is organizedand is believed to owe its existing to the laws of theState CALIFORNIA. WMC MORTGAGE address is P.O. Box 54089LOS ANGLES, CA 90054-0089.8.
 
Defendant; Option One Mortgage ³OPTION ONE´ is/was theoriginal lender of Plaintiff¶s loan. On April 30, 2008,Option One was acquired by American Home MortgageServicing, Inc. 1255 Route 70 # 12s Lakewood, NJ 08701-5900.9.
 
Defendant Bank of America Home Loans is a subsequentassignee and/or successor to Defendant Option One Mortgage,through its accusation of Countrywide Home Loans isbelieved to be the Substitute Trustee under the Deed ofTrust is upon reason and belief headquarter in Calabasas,California.
JU
RISDICTION AND VEN
U
E
10.
 
The United States District Court for the Northern Districtof Mississippi has jurisdiction based on
"
diversityjurisdiction´
 
pursuant to The United States Constitution,Article III, § 2 and 28 U.S.C. §1331. This Court hasjurisdiction over this action pursuant to 28 U.S.C. §2241because Pending foreclosure sale on Plaintiff¶s realproperty is in violation of the Constitution and laws ofthe United States. The Court has jurisdiction under 28U.S.C. § 1332, in that the amount in controversy is in

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