Collins v. Wells Fargo Bank N.A. et al
| Virgil H. Collins |
| Wells Fargo Bank N.A., Carrington Mortgage Loan Trust, New Century Mortgage Corporation, New Century Liquidating Trust and Joanne Brown Esq. |
| 1:2023cv00164 |
| January 27, 2023 |
| US District Court for the Northern District of Ohio |
| Bridget Meehan Brennan |
| Civil Rights: Accommodations |
| 15 U.S.C. § 1640 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
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Filing 18
Motion to dismiss for lack of jurisdiction with memorandum in support filed by Defendant Joanne Brown Esq.. Related document(s) #12 , #1 . (Mays, Lawrence)
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Filing 17
Motion to strike Plaintiff's Response Brief to Defendant's Reply Brief in Support of Motions to Dismiss and Plaintiff's Memorandum in Support of Federal Court Jurisdiction filed by Carrington Mortgage Loan Trust, Wells Fargo Bank N.A.. Related document(s) #16 . (Sandy, James)
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Filing 16
Response Brief to Defendant's Reply in Support of Motions to Dismiss with Memorandum in Support of Federal Jurisdiction filed by Virgil H. Collins. Related document(s) #15 . (Attachments: #1 Exhibit A - Letter from Cleveland Metropolitan Bar Association) (L,Br)
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Filing 15
Reply in support of #13 Motion to dismiss for lack of jurisdiction Motion to dismiss for failure to state a claim Plaintiff's Amended Complaint filed by Carrington Mortgage Loan Trust, Wells Fargo Bank N.A.. (Sandy, James)
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Filing 14
Response brief to #9 Motion to dismiss filed by Virgil H. Collins. (Related #13 ). (Attachments: #1 Exhibit A & B - Concurrent Funding Agreement)(S,HR)
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Filing 13
Motion to dismiss for lack of jurisdiction , Motion to dismiss for failure to state a claim Plaintiff's Amended Complaint filed by Carrington Mortgage Loan Trust, Wells Fargo Bank N.A.. Related document(s) #12 , #7 . (Sandy, James)
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Filing 12
Supplement to #7 Motion for leave to amend complaint - Proposed Amended Complaint, filed by Virgil H. Collins. Related document(s) #7 . (Attachments: #1 Exhibit A - Settlement Statement, #2 Exhibit B - Assignment of Mortgage, #3 Exhibit C - Monthly Mortgage Statement, #4 Exhibit C - Note (marked confidential), #5 Exhibit E - Mortgage (marked confidential), #6 Exhibit G - Complaint, case no. CV 07 618660, #7 Exhibit H - Mortgage Worksheet, #8 Exhibit I - Joint Notice of Assignment, #9 Exhibit J - New Century Wikipedia page, #10 Exhibit K - 12/29/2020 letter, #11 Exhibit L - 5/9/2008 Hardship Letter, #12 Exhibit N - Notice of Intent to Foreclose, #13 Exhibit O - Assignment of Mortgage, #14 Exhibit P - Federal Truth-in-Lending Disclosure Statement, #15 Exhibit Q - New Century bankruptcy information, #16 Exhibit R - Schedule A (marked confidential)) (M,CE)
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Filing 11
Corporate Disclosure Statement identifying Corporate Parent WFC Holdings, LLC for Wells Fargo Bank N.A. filed by Wells Fargo Bank N.A.. (Sandy, James)
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Filing 10
Corporate Disclosure Statement filed by Carrington Mortgage Loan Trust. (Sandy, James)
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Filing 9
Motion to dismiss for failure to state a claim , Motion to dismiss for lack of jurisdiction filed by Carrington Mortgage Loan Trust, Wells Fargo Bank N.A.. Related document(s) #1 . (Attachments: #1 Exhibit Foreclosure Complaint, #2 Exhibit Journal Entry Granting Leave to File Answer Instanter, #3 Exhibit Magistrate's Decision December 11, 2019, #4 Exhibit Order Adopting Magistrate's Decision - January 7, 2020, #5 Exhibit Motion for Relief from Judgment - February 2, 2020, #6 Exhibit Order Denying Motion for Relief from Judgment - February 25, 2020, #7 Exhibit Confirmation of Sale - May 3, 2021, #8 Exhibit Cuyahoga County CV 18 904354 Docket)(Sandy, James)
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Filing 8
Attorney Appearance by James W. Sandy filed by on behalf of Carrington Mortgage Loan Trust, Wells Fargo Bank N.A.. (Sandy, James)
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Filing 7
Motion for leave to amend complaint filed by Plaintiff Virgil H. Collins. Related document(s) #1 . (R,AP)
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Filing 6
Return of Service by Clerk unexecuted upon New Century Liquidating Trust. Service attempted by certified mail on 2/6/23 filed on behalf of Virgil H. Collins. Related document(s) #2 . (L,Br)
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Filing 5
Return of Service by Clerk by certified mail executed upon Carrington Mortgage Loan Trust on 2/4/2023, no delivery date on green card, date obtained from U.S. Postal Service website. Filed on behalf of Virgil H. Collins. Related document(s) #2 . (M,CE)
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Filing 4
Return of Service by Clerk unexecuted upon New Century Mortgage Corporation. Service attempted by certified mail on 2/2/2023, filed on behalf of Virgil H. Collins. Related document(s) #2 . (M,CE)
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Copy of #4 Return of Service Unexecuted mailed to Virgil H. Collins at 4932 Nan Linn Drive Richmond Heights, OH 44143 on 2/7/2023. Related document(s) #4 . (M,CE)
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Filing 3
Return of Service by Clerk by certified mail executed upon Joanne Brown Esq. on 1/30/2023, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Virgil H. Collins. Related document(s) #2 . (R,AP)
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Filing 2
Original Summons and Magistrate Consent Form issued over the counter for service upon Joanne Brown Esq., Carrington Mortgage Loan Trust, New Century Liquidating Trust, New Century Mortgage Corporation, Wells Fargo Bank N.A. (Attachments: #1 Magistrate Consent Form) (F,AW)
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Filing 1
Complaint for Fraud Surrounding Truth in Lending Provision, Relief from Judgement, Restitution, Injunctive Relief, Fraud upon the Court per Civ. R. 60(B), Declaratory Judgement, Civil Penalties and Punitive Damages, with jury demand against Joanne Brown Esq., Carrington Mortgage Loan Trust, New Century Liquidating Trust, New Century Mortgage Corporation, Wells Fargo Bank N.A. Filing fee paid. $402.00. Receipt # 14660143308. Filed by Virgil H. Collins. (Attachments: #1 Exhibit A-Settlement Statement, #2 Exhibit B-Assignment of Mortgage, #3 Exhibit C-Monthly Mortgage Statement, #4 Exhibit D-Mortgage Note, #5 Exhibit E-Mortgage, #6 Exhibit G-Complaint filed in Cuyahoga County Court of Common Pleas, #7 Exhibit H-High Cost Mortgage Worksheet, #8 Exhibit I-Correspondence from Carrington Mortgage Services LLC dated 10/12/07, #9 Exhibit J-Wikipedia page for New Century, #10 Exhibit K-Correspondence from Carrington Mortgage Services LLC dated 12/29/20, #11 Exhibit L-Correspondence from Carrington Mortgage Services LLC dated 5/9/08, #12 Exhibit N-Notice of Intent to Foreclose, #13 Exhibit O-Assignment of Mortgage, #14 Exhibit P-Truth in Lending Disclosure Statement, #15 Exhibit Q-Various Statements, #16 Exhibit R-Schedule A, #17 Civil Cover Sheet, #18 Summons) (F,AW).
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Judge Bridget Meehan Brennan assigned to case. (F,AW)
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Service by Clerk. Summons and Complaint addressed to Joanne Brown Esq. (Receipt # 7021 1970 0000 5055 6044), Carrington Mortgage Loan Trust (Receipt # 7021 1970 0000 5055 6075), New Century Liquidating Trust (Receipt # 7021 1970 0000 5055 6051), New Century Mortgage Corporation (Receipt # 7021 1970 0000 5055 6068), Wells Fargo Bank N.A. (Receipt # 7021 1970 0000 5055 6037) placed in U.S. Mail. Type of service: certified mail. (F,AW)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (F,AW)
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