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IN RE McCOY

Bankruptcy No. 10-63814-fra13. Adversary No. 10-6224-fra.

446 B.R. 453 (2011)

In re Donald E. McCOY, III, Debtor. Donald E. McCoy, III, Plaintiff, v. BNC Mortgage, Inc; Mortgage Electronic Registrations Systems, Inc; US Bank, NA; Finance America, LLC; Lehman Brothers Holdings, Inc; and Impact One Mortgage SVCS, Defendants.

United States Bankruptcy Court, D. Oregon.

February 7, 2011.

Attorney(s) appearing for the Case

James J. Stout , Medford, OR, for Plaintiff.

Pilar C. French , Portland, OR, for Defendants Mortgage Electronic Registration Systems Inc. and US Bank NA.

John O. Campbell , Irvine, CA, for Lehman Brothers Holdings, Inc. and BNC Mortgage LLC.

Impact One Mortgage Services, pro se.

Memorandum Opinion

FRANK R. ALLEY, III, Bankruptcy Judge.

Plaintiff filed a complaint with claims for wrongful foreclosure and to quiet title in real property. Defendants Mortgage Electronic Registrations Systems, Inc. (MERS) and U.S. Bank N.A. filed a motion to dismiss the complaint under Fed. R.Civ.P. 12(b)(6)1. For the reasons that follow, Defendants' motion will be granted in part and denied in part.

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