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FAIRCLOTH v. NATIONAL HOME LOAN CORP.

No. 1:01CV01140.

313 F.Supp.2d 544 (2004)

Pamela J. FAIRCLOTH, individually and on behalf of other similarly situated individuals, Plaintiff, v. NATIONAL HOME LOAN CORPORATION; Financial Asset Securities Corporation Mego Mortgage Home Loan Owner Trust 1997-1; the Mego Mortgage Home Loan Owner Trust 1997-2; Financial Asset Securities Corporation Mego Mortgage Home Loan Owner Trust, Series 1997-3; Financial Asset Securities Corporation Mego Mortgage Home Loan Owner Trust, Series 1997-4; Sovereign Bank; U.S. Bank National Association, N.D.; Firstplus Home Loan Trust 1996-2; Firstplus Home Loan Trust 1996-3; Firstplus Home Loan Owner Trust 1996-4; Firstplus Home Loan Owner Trust 1997-1; Firstplus Home Loan Owner Trust 1997-2; Firstplus Home Loan Owner Trust 1997-3; Firstplus Home Loan Owner Trust 1997-4; Firstplus Home Loan Owner Trust 1998-1; Firstplus Home Loan Owner Trust 1998-2; Firstplus Home Loan Owner Trust 1998-3; Firstplus Home Loan Owner Trust 1998-4; Firstplus Home Loan Owner Trust 1998-5; German American Capital Corporation; Paine Webber Real Estate Securities, Inc.; Ace Securities Corporate Home Loan Trust 1999 A; Real Time Resolutions, Inc.; PSB Lending Corporation; Indymac Mortgage Holdings f/k/a INMC Mortgage Corp.; Paladian Financial, Inc.; National Consumers Services Corp., LLC; GRMT Mortgage Loan Trust 2001-1; and U.S. Bank National Association, Defendants.

United States District Court, M.D. North Carolina.

March 17, 2003.

Attorney(s) appearing for the Case

A. Hoyt Rowell, III, Daniel Myers, Kevin Oufnac, Fred Thompson, Ness, Motley, Loadholt, Richardson & Poole, Mt. Pleasant, SC, Gary K. Shipman, William Grainger Wright, Sr., Shipman & Hodges, LLP, Wilmington, NC, Eric G. Calhoun, Lawson & Fields, P.C., Dallas, TX, for Plaintiff.

Donald Hugh Tucker, Jr., Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, NC, for National Home Loan Corp.

Hada V. Haulsee, Ronald R. Davis, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, Jason Everett Moss, Wyatt, Early, Harrris & Wheeler, L.L.P., High Point, NC, for Financial Asset Securities Corp Mego Mortgage Home Loan Owner.

MEMORANDUM OPINION

BEATY, District Judge.

This matter is before the Court on Plaintiff Pamela J. Faircloth's Motion to Remand [Document # 20]. Also before the Court are Motions to Dismiss Plaintiff's original Complaint submitted by Defendant PSB Lending Corporation ("PSB Lending") [Document # 26], Defendant Sovereign Bank [Document # 28], Defendant UBS Warburg Real Estate Securities, Inc., f/k/a Paine Webber Real Estate Securities, Inc. ("UBS Warburg...

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