Witt v. Cit Group/Consumer Finance Inc.

2010 U.S. Dist. LEXIS 117915 (2010)

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Nature of the Case

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Facts

Ps borrowed $173,250.22 from D secured by property. When the note and deed of trust were recorded on October 4, 2002, an Assignment of Mortgage or Deed of Trust was also recorded on the Property, which assigned all of D's beneficial rights, title, and interest under the Note and Deed of Trust to MERS. On October 16, 2007, D entered into a Mortgage Loan Sale Agreement with Lehman Capital, which included Ps' Note and Deed of Trust. Ps defaulted under the terms of the Note and Deed of Trust. On April 7, 2008, a Substitution of Trustee executed by MERS on April 4, 2008, was recorded against the property appointing James H. Woodall as successor trustee of the Trust Deed. The trustee initiated foreclosure proceedings on the property. Ps filed this Complaint and DS moved to dismiss.