EUBANKS v. LIBERTY MORTG. BANKING LTD.

Civil Action No. CV-96-4753 (DGT).

976 F.Supp. 171 (1997)

Winifred EUBANKS, Plaintiff, v. LIBERTY MORTGAGE BANKING LTD. and its assignee Federal Home Loan Mortgage Corp., "John Doe No. 1" to "John Doe No. 10," inclusive, the last ten names being fictitious and unknown to plaintiff, the persons or parties intended being the persons or corporations, if any, having or claiming an interest in or lien upon the premises described in the declaratory complaint, Defendants.

United States District Court, E.D. New York.

September 11, 1997.


Attorney(s) appearing for the Case

Winifred Eubanks, Freeport, NY, pro se.

James E. Robinson, Meyer, Meyer & Metli, LLP, Smithtown, NY, for Defendants.


MEMORANDUM AND ORDER

TRAGER, District Judge.

Background

Winifred Eubanks mortgaged her home at 40 Willow Street, Freeport, New York to Liberty Mortgage Banking Ltd. ("Liberty") on September 22, 1989. Liberty assigned the fixed-rate mortgage to Federal Home Loan Mortgage Corp. ("Freddie Mac") on the same day. See Exh. A to Compl't.

In November 1992, Freddie Mac commenced foreclosure proceedings against Eubanks. See Exh...

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