Mounce v. Wells Fargo Home Mortgage, Inc. (In Re Mounce)

Memorandum Opinion on the Plaintiff’s Motion for Class Certification

LEIF M. CLARK, Bankruptcy Judge.

Pending before the court is a motion for class certification (the “Motion”) under Federal Rule of Civil Procedure 23(b)(2) & (3), filed by plaintiff Valerie Mounce, on behalf of herself and others similarly situated. 1 A hearing was held on the Motion on August 21, 2007, and the parties have been given ample time to provide briefing on the issues presented in this case. For the reasons that follow, the motion will be granted in part and denied in part.

I. Background

The plaintiff is also a…