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IN RE BAILEY

Bankruptcy No. 09-44760-HJB. Adversary No. 09-4190.

437 B.R. 721 (2010)

In re Carmen M. BAILEY, Debtor. Carmen M. Bailey, Plaintiff, v. Wells Fargo Bank, NA, Defendant.

United States Bankruptcy Court, D. Massachusetts, Central Division.

September 29, 2010.

Attorney(s) appearing for the Case

Michael J. Tremblay, Law Office of Michael J. Tremblay, Marlborough, MA, for Plaintiff.

Jennifer Normand, Harmon Law Offices, P.C., Newton Highlands, MA, for Defendant.

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...

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