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ClassActionLawSuit.thomas Sears

ClassActionLawSuit.thomas Sears

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Published by Tonia Simmonsia

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Published by: Tonia Simmonsia on Jun 11, 2012
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03/26/2014

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IN THE UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF GEORGIAATLANTA DIVISIONWENDY N. JENKINS, ELEANOR )SPRATLIN CRAWFORD,
each Plaintiff 
)
individually, and 
 
on behalf of all Georgia
)
residents similarly situated.
))CASE NO.Plaintiffs, )))
CIVIL COMPLAINT FOR)DAMAGES
vs.))PLAINTIFFS DEMAND TRIAL)BY JURYMcCALLA RAYMER, LLC, THOMAS A. )SEARS, ESQ., INDIVIDUALLY, AS AN)OFFICER OF MORTGAGE ELECTRONIC)REGISTRATION SYSTEMS, INC, AS AN)OFFICER OF WELLS FARGO, AND AS )AN EMPLOYEE OF McCALLA RAYMER)JUDGE _____________________CHARLES TROY CROUSE, ESQ., aka C.)TROYCROUSE ESQ., INDIVIDUALLY, )AS AN OFFICER OF MORTGAGE)ELECTRONIC REGISTRATION)SYSTEMS, INC, AS AN OFFICER OF)WELLS FARGO AND AS AN EMPLOYEE)OF McCALLA RAYMER, MERSCORP )INC., BANK OF AMERICA, N.A., BAC)HOME LOANS SERVICING, LP., fka)COUNTRYWIDE HOME LOANS)SERVICING, LP.,WELLS FARGO BANK,)N.A., PROMMIS SOLUTIONS, LLC., )PROMMIS SOLUTIONS HOLDING INC.,)GREAT HILL PARTNERS, INC.,)MORTGAGE ELECTRONIC)REGISTRATION SYSYTEMS INC.)AMERICA’S SERVICING COMPANY, )TAYLOR BEAN &WHITAKER,)CRYSTAL WILDER, INDIVIDUALLY,)AS NOTARY PUBLIC AND AS AN)EMPLOYEE OF McCALLA RAYMER,)ELIZABETH LOFARO, INDIVIDUALLY,)AS NOTARY PUBLIC AND AS AN)EMPLOYEE OF McCALLA RAYMER,)
 
CHIQUITA RAGLIN, INDIVIDUALLY,)AS NOTARY PUBLIC AND AS AN)EMPLOYEE OF McCALLA RAYMER,)VICTORIA MARIE ALLEN,)INDIVIDUALLY, AS NOTARY PUBLIC)AND AS AN EMPLOYEE OF McCALLA)RAYMER, IRIS GISELLA BEY,)INDIVIDUALLY, AS NOTARY PUBLIC)AND AS AN EMPLOYEE OF McCALLA)RAYMER, JAMELA REYNOLDS,)INDIVIDUALLY, AS NOTARY PUBLIC)AND AS AN EMPLOYEE OF McCALLA)RAYMER AND LATASHA DANIEL,)INDIVIDUALLY, AS NOTARY PUBLIC)AND AS AN EMPLOYEE OF McCALLA)RAYMER))Defendants.)
COMES NOW, Plaintiffs, Wendy N. Jenkins and Eleanor SpratlinCrawford, by and through the undersigned counsel, and complains asfollows:
INTRODUCTION:
1.
In this Class Action Complaint, Plaintiff(s) seek,
inter alia,
theinjunction of various foreclosure and eviction proceedings, forthemselves and other similarly situated, based upon theDefendant’s routine failure to comply with statutoryprerequisites to foreclosure. Plaintiffs and the class they seek torepresent also seek a determination of the validity of foreclosure
 
sales held in violation of statutory requirements, together withdamages and other relief.
2.
Georgia has longstanding, statutorily prescribed non-judicialprocedures by Power of Sale with minimal consumer protectionsfor homeowners. O.C.G.A. § 44-14-162 et seq. Homes areroutinely foreclosed upon pursuant to the statutory Power of Sale without a pre-foreclosure hearing.
3.
The law is clear, however, that entities foreclosing uponhomeowners must strictly comply with Georgia’s statutoryprerequisites to foreclosure. O.C.G.A. § 23-2-114. Among otherthings, it is black letter law that the entity seeking to foreclosemust have actual legal authority to exercise the Power of Sale.4.In recent years, many foreclosing entities, including Defendantshave dispensed with this fundamental requirement. Such entitiesforeclose, through their Counsel, without having first obtainedproper and legally valid assignment of the mortgage and thepower of sale on property they purport to foreclose.5.Georgia’s foreclosure process has become an undisciplined andlawless rush to seize homes. Many thousands of foreclosuresare plainly void under statute and Georgia case law. Many

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