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Anderson v. Barclays Capital Real Estate, Inc.

Court of Appeals of Mississippi

November 12, 2013

EVA ANDERSON, APPELLANT
v.
BARCLAYS CAPITAL REAL ESTATE, INC. D/B/A HOMEQ SERVICING CORPORATION AND OCWEN LOAN SERVICING, APPELLEES

COURT FROM WHICH APPEALED: FORREST COUNTY CHANCERY COURT. DATE OF JUDGMENT: 04/20/2012. TRIAL JUDGE: HON. M. RONALD DOLEAC. TRIAL COURT SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEES.

FOR APPELLANT: JAMES A. WILLIAMS.

FOR APPELLEES: ALICIA SCHERINI HALL, W. SCOTT WELCH III, C. LEE LOTT III.

BEFORE GRIFFIS, P.J., BARNES AND JAMES, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND JAMES, JJ., CONCUR. FAIR, J., NOT PARTICIPATING.

OPINION

Page 1081

NATURE OF THE CASE: CIVIL - CONTRACT

GRIFFIS, P.J.

¶1. Eva Anderson filed a complaint that alleged her mortgage-loan-refinancing documents were forged. The chancellor granted the defendants summary judgment on the basis of res judicata. Anderson appeals and argues that the chancellor erred because genuine issues of material fact were in dispute and summary judgment was not appropriate. We find no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On December 23, 2004, Anderson refinanced her mortgage. She signed a new deed of trust that secured a promissory note in the principal amount of $207,000.

A. Federal Court Lawsuit

¶3. On November 14, 2006, Anderson filed a pro se lawsuit against HomEq Servicing Corporation, Wachovia Bank National Association, and Wachovia Mortgage Corporation. The action was removed to the United States District Court for the Southern District of Mississippi, civil action number 2:06cv266. The complaint alleged the existence of the December 23, 2004 note and deed of trust:

5. That heretofore on the 23rd day of December, A.D., 2004, Eva Anderson-Connerly entered into a Promissory Note and Deed of Trust for the purchase of certain lands in Forrest County, Mississippi as will be more particularly described later in this Complaint.
6. That Eva Anderson-Connerly borrowed the sum of $207,000, to purchase real property at 203 Country Park Drive, Petal, Forrest County, Mississippi.
7. . . . That said Deed of Trust was recorded in Forrest County, Mississippi in the Deed of Trust and ...

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