Bobbitt Court Order Denying TRO

Bobbitt v.
Countrywide Bank, FSB, Slip Copy (2013)

2013 Thomson Reuters. No claim to original U.S. Government Works. 1

2013 WL 5272554
Only the Westlaw citation is currently available.
United States District Court, M.D. Florida,
Fort Myers Division.
Brenda BOBBITT, an individual, Plaintiff,
v.
COUNTRYWIDE BANK, FSB, Federal National Mortgage Association, as Trustee for Securitized Trust Fannie
Mae Remic Trust 200829, Federal National Mortgage Association, Unknown Depositor, Bank of America, NA,
Mortgage Electronic Registration System, and Does 1100, inclusive, Defendants.
No. 2:13cv660FtM29DNF. | Sept. 17, 2013.
Attorneys and Law Firms
Brenda Bobbitt, Lehigh Acres, FL, pro se.
Opinion

ORDER
JOHN E. STEELE, District Judge.
*1 This matter comes before the Court on plaintiffs Complaint for TRO, Injunction and for Declaratory Relief (Doc. # 2)
filed on September 13, 2013. Pro se plaintiff seeks a temporary restraining order to maintain the status quo as her home is
due to be sold within the next week and plaintiff is subject to eviction actions. Plaintiff also seeks a preliminary injunction
and Declaratory relief.
I.
The Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the Middle District of
Florida authorize a court to issue a temporary restraining order without written or oral notice to the adverse party under
certain circumstances. Fed.R.Civ.P. 65(b); M.D. Fla. R. 4.05. A temporary restraining order may enter without notice only if
(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage
will result to the movant before the adverse party can be heard in opposition, and (B) the movants attorney certifies in
writing any efforts made to give the notice and the reasons why it should not be required. Fed.R.Civ.P. 65(b)(1). A
temporary restraining order will be issued only if plaintiff demonstrates: (1) the likelihood of success on the merits of the
claim; (2) the irreparable nature of the threatened injury and the reason that notice cannot be given; (3) the potential harm that
might be caused to the opposing parties or others if the order is issued; and (4) the public interest at stake, if any. See M.D.
Fla. R. 4.05(b)(4); see also Parker v. State Bd. of Pardons & Paroles, 275 F.3d 1032, 103435 (11th Cir.2001).

Similarly, issuance of a preliminary injunction is a drastic remedy and should not be granted unless the following four
prerequisites are established: (1) a substantial likelihood of succeeding on the merits; (2) a substantial threat of irreparable
injury if relief is denied; (3) an injury that outweighs the opponents potential injury if relief is granted; and (4) an injunction
would not harm or do a disservice to the public interest. Cafe 207, Inc. v. St. Johns County, 989 F.2d 1136, 1137 (11th
Cir.1993). The burden of persuasion for each of the four requirements is upon the movant. Siegel v. LePore, 234 F.3d 1163,
1176 (11th Cir.2000) (en banc).

Bobbitt v. Countrywide Bank, FSB, Slip Copy (2013)

2013 Thomson Reuters. No claim to original U.S. Government Works. 2

II.
The Complaint (Doc. # 1) provides that plaintiff entered into a consumer credit transaction in 2008 with Countrywide to
obtain a mortgage loan secured by her principal residence at 1504 Edward Avenue, Lehigh Acres, Florida 33972. (Id., 8,
29.) The loan was securitized, sold, transferred, and bundled into a trust amounting to $1,361,771,308.00. Plaintiff believes
that the mortgage was not properly assigned and transferred rendering it void, that no documents or records can be produced
to show that a valid assignment to Fannie Mae took place. (Id., 25, 30, 3435, 39; Doc. # 12.)

Plaintiff alleges that the original transaction with Countrywide was a fraudulent loan in that it was underwritten without due
diligence, without verification of her income, and with an invalid index to determine the interest. Plaintiff alleges that
Countrywide should have known that she could not qualify for, or afford the loan, and Countrywide sold her deceptive loan
product. (Id., 51, 52.)

*2 Attached to the Complaint is a an Affidavit of Chad D. Elrod (Doc. # 11) of the State of Florida providing an opinion
with regard to real property located in Round Rock, Texas discussing the application of Florida law and the failure to record
in Lee County. Also attached is the Affidavit of Facts (Doc. # 12) from Michael Carrigan, of the State of California. Mr.
Carrigan provided a Property Securitization Analysis Report for plaintiff. Mr. Carrigan states that he researched the
Bloomberg online Database with regard to 1504 Edward Avenue, Lehigh Acres, Florida 33972. Plaintiff informed him that
she signed a Promissory Note in favor of Countrywide Bank, FSB. With this information, Mr. Carrigan determined that the
loan was not identified in any publically reporting trust. He further states that the original amount of a loan claimed by Fannie
Mae was $295,000, and the loan may have been securitized because the mortgage and note were separated.

III.
Plaintiff states that defendants intend to sell her property located at 1504 Edward Avenue Lehigh Acres, Florida, and
defendants have given notice of the sale. Plaintiff argues that the securitization process and improper assignment of her loan
should prevent defendants from transferring ownership or encumbering her property.

As a preliminary matter, although the motion is verified, the Complaint is not verified and plaintiff does not certify that
efforts were taken to give notice or that notice should not be provided to defendants. Plaintiff states that her property is to be
sold but does not identify a pending foreclosure action, or provide any documentation as to a pending sale, or state that she
cannot obtain relief through the foreclosure process, if pending. As currently pled, the Court does not find that plaintiff has a
likelihood of success on the merits. Plaintiff has not specifically identified the irreparable harm, and the absence of notice
may interfere with ongoing state proceedings with regard to the property.

Accordingly, it is hereby

ORDERED:

Plaintiffs Complaint for TRO, Injunction and for Declaratory Relief (Doc. # 2) is DENIED in its entirety.

DONE and ORDERED.

End of Document

2013 Thomson Reuters. No claim to original U.S. Government Works.

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