Legal Opinion
Bailey v. Wells Fargo Bank, NA (In Re Bailey)
United States Bankruptcy Court, D. Massachusetts
Decided September 29, 2010No. 19-10346PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
HENRY J. BOROFF, Bankruptcy Judge.
Before the Court is a motion filed by defendant Wells Fargo Bank, NA (“Wells Fargo”) to dismiss the adversary complaint brought by plaintiff Carmen M. Bailey (the “Debtor”). Through this adversary proceeding, the Debtor seeks to invalidate Wells Fargo’s prepetition foreclosure sale of the Debtor’s residence on the grounds that Wells Fargo was not the holder of the mortgage at the time of its foreclosure. For the reasons set forth below, including that Wells Fargo’s request for dismissal is grounded largely in documents extraneous to the…
2Cases cited23 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Valerie Watterson v. Eileen PageCourt of Appeals for the First Circuit · 1993
- Anthony's Pier Four, Inc. v. HBC ASSOCIATESMassachusetts Supreme Judicial Court · 1991
- Agis v. Howard Johnson Co.Massachusetts Supreme Judicial Court · 1976
- Trans-Spec Truck Service, Inc. v. Caterpillar Inc.Court of Appeals for the First Circuit · 2008
18 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Claudio v. LVNV Funding, LLC (In Re Claudio)United States Bankruptcy Court, D. Massachusetts · 2012
- Goldsmith v. Massad (In re Fiorillo)United States Bankruptcy Court, D. Massachusetts · 2013
- Akar ex rel. Akar v. Federal National Mortgage Ass'nDistrict Court, D. Massachusetts · 2012
- Bailey v. Wells Fargo Bank, NAUnited States Bankruptcy Court, D. Massachusetts · 2012
- In Re BaileyUnited States Bankruptcy Court, D. Massachusetts · 2012
7 more not listed; retrieve them via the Exa API.