Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
52095288 Horace v LaSalle Memo in Support of Motion for Summary Judgment

52095288 Horace v LaSalle Memo in Support of Motion for Summary Judgment

Ratings: (0)|Views: 25 |Likes:
Published by Richie Collins
Trustees charged with overseeing pools of mortgage-backed securities hold the ability
Trustees charged with overseeing pools of mortgage-backed securities hold the ability

More info:

Published by: Richie Collins on May 22, 2012
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

04/09/2013

pdf

text

original

 
 AlaFileE-Notice
To:WOOTENNICHOLASHEATHnhwooten@gmail.com
57-CV-2008-000362.00
Judge:ALBERTLJOHNSON
NOTICEOFELECTRONICFILING
INTHECIRCUITCOURTOFRUSSELLCOUNTY,ALABAMA
ThefollowingmatterwasFILEDon1/13/20115:43:39PM
PHYLLISHORACEVS.LASALLEBANKNATIONALASSOCIATION,ETAL57-CV-2008-000362.00MEMORANDUMINSUPPORTOFSUMMARYJUDGMENT
NoticeDate:1/13/20115:43:39PM[Attorney:DICKSONNATHANANDREWII]
KATHYS.COULTERCIRCUITCOURTCLERK
RUSSELLCOUNTY,ALABAMARUSSELLCOUNTYJUDICIALCENTERPHENIXCITY,AL36867334-298-0516kathy.coulter@alacourt.gov
C001 HORACE PHYLLIS
 
 /s NATHAN A. DICKSON
Signature of Attorney or Party:Date:Check here if you have filed or are filingcontemoraneously with this motion an Affidavit ofSubstantial Hardship or if you are filing on behalf of anagency or department of the State, county, or municipalgovernment. (Pursuant to §6-5-1 Code of Alabama(1975), governmental entities are exempt fromreament of filin fees
Case No.
STATE OF ALABAMA
Unified Judicial System
57-RUSSELL
District CourtCircuit Court
Revised 3/5/08
PHYLLIS HORACE VS. LASALLE BANKNATIONAL ASSOCIATION, ET AL
CIVIL MOTION COVER SHEET
Name of Filing Party:Name, Address, and Telephone No. of Attorney or Party. If Not Represented.Attorney Bar No.:
NATHAN A. DICKSONPOST OFFICE BOX 350UNION SPRINGS, AL 36089DIC031
TYPE OF MOTION
Motions Requiring FeeMotions Not Reuirin Fee
Default Judgment ($50.00)Joinder in Other Party's Dispositive Motion (i.e.Summary Judgment, Judgment on the Pleadings, orother Dispositive Motion not pursuant to Rule 12(b))($50.00)Summary Judgment pursuant to Rule 56($50.00)Renewed Dispositive Motion(Summary Judgment,Judgment on the Pleadings, or other DispositiveMotion not pursuant to Rule 12(b)) ($50.00)Judgment on the Pleadings ($50.00)Motion to Dismiss, or in the Alternative SummaryJudgment($50.00)OtherAdd PartyAmendChange of Venue/TransferCompelConsolidationContinueDepositionDesignate a MediatorJudgment as a Matter of Law (during Trial)Disburse FundsExtension of TimeIn LimineJoinderMore Definite StatementMotion to Dismiss pursuant to Rule 12(b)New TrialObjection of Exemptions ClaimedPlaintiff's Motion to DismissPreliminary InjunctionProtective OrderQuashRelease from Stay of ExecutionSanctionsSeverSpecial Practice in AlabamaStayStrikeSupplement to Pending MotionVacate or ModifyWithdrawOtherMemorandum in support of summary judgmentpursuant to Rule
none
(Subject to Filing Fee)pursuant to Rule($50.00)
*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.
*Motion fees are enumerated in §12-19-71(a). Feespursuant to Local Act are not included. Please contact theClerk of the Court regarding applicable local fees.Local Court Costs $
C001 - HORACE PHYLLIS
1/13/2011 5:43:16 PMCV200800036200
Pendente LiteOral Arguments RequestedMotion to Intervene ($297.00)
 
ELECTRONICALLY FILED1/13/2011 5:43 PMCV-2008-000362.00CIRCUIT COURT OFRUSSELL COUNTY, ALABAMAKATHY S. COULTER, CLERK
 
 IN THE CIRCUIT COURT OF RUSSELL COUNTY, ALABAMAPHYLLIS HORACE,CASE NUMBER:PLAINTIFF,CV-2008-362VS.LASALLE BANK NATIONALASSOCIATIONas Trustee for Certificate Holders of BEAR STEARNS ASSET BACKED SECURITIES I, LLCasset backed certificates, series 2006-EC2;MORTGAGE ELECTRONIC REGISTRATIONSYSTEMS, INC., ENCORE CREDIT CORP.,EMC MORTGAGE CO., and BANK OF AMERICA,As successor-in-interest to Lasalle Bank NationalAssn.,DEFENDANTS.MEMORANDUM OF LAW IN SUPPORT OFPLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND IN RESPONSE TODEFENDANTS’ MOTION FOR SUMMARY JUDGMENTPlaintiff Phyllis Horace, through counsel, submits this memorandum of law in support of her motion for summary judgment on the issue of standing as to Defendant LaSalle Bank National Association (“LaSalle”). Plaintiff’s Complaint claims that LaSalle did not havepossession of the mortgage note when it notified her that foreclosure was forthcoming. Namely,LaSalle had no — and cannot have any — authority to institute foreclosure proceedings becauseLaSalle is not entitled to the money secured by the promissory note.
INTRODUCTION
On November 11, 2005, Plaintiff borrowed $283,500.00 for the purchase of property at3745 Knowles Road in Phenix City, Alabama. The loan was secured by a mortgage to the lender
ELECTRONICALLY FILED1/13/2011 5:43 PMCV-2008-000362.00CIRCUIT COURT OFRUSSELL COUNTY, ALABAMAKATHY S. COULTER, CLERK

You're Reading a Free Preview

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