Bank's argument

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AlaFile E-Notice

To: WOOTEN NICHOLAS HEATH

nhwooten@gmail.com

57-CV-2008-000362.00

Judge: ALBERT L JOHNSON

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF RUSSELL COUNTY, ALABAMA

The following matter was FILED on 1/7/2011 5:28:49 PM

PHYLLIS HORACE VS. LASALLE BANK NATIONAL ASSOCIATION, ET AL

57-CV-2008-000362.00

MOTION FOR SUMMARY JUDGMENT PURSUANT TO RULE 56

Notice Date: 1/7/2011 5:28:49 PM

[Attorney: ERDBERG JAIME COWLEY]

KATHY S. COULTER

CIRCUIT COURT CLERK

RUSSELL COUNTY, ALABAMA

RUSSELL COUNTY JUDICIAL CENTER

PHENIX CITY, AL 36867

334-298-0516

kathy.coulter@alacourt.gov

D006 BANK OF AMERICA

D002 BEAR STEARNS ASSET BACKED SECURITIES I LLC

D005 EMC MORTGAGE CORPORATION INC

D001 LASALLE BANK NAT'L ASSOC AS TRUSTEE FOR CERTIFICAT

D003 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC

/s JAIME C ERDBERG

Signature of Attorney or Party:Date:Check here if you have filed or are filingcontemoraneously with this motion an Affidavit ofSubstantial Hardship or if you are filing on behalf of anagency or department of the State, county, or municipalgovernment. (Pursuant to §6-5-1 Code of Alabama(1975), governmental entities are exempt fromprepayment of filing fees)

Case No.STATE OF ALABAMAUnified Judicial System

57-RUSSELL District Court Circuit Court

Revised 3/5/08

PHYLLIS HORACE VS. LASALLE BANKNATIONAL ASSOCIATION, ET AL

CIVIL MOTION COVER SHEETName of Filing Party:

Name, Address, and Telephone No. of Attorney or Party. If Not Represented.

Attorney Bar No.:

JAIME C ERDBERG

C/O SIROTE & PERMUTT, P.O. BOX 55727

BIRMINGHAM, AL 35255

ERD004

TYPE OF MOTION

Motions Requiring Fee Motions Not Requiring Fee

Default Judgment ($50.00)

Joinder in Other Party's Dispositive Motion (i.e.Summary Judgment, Judgment on the Pleadings, orother Dispositive Motion not pursuant to Rule 12(b))($50.00)

Summary Judgment pursuant to Rule 56($50.00)

Renewed Dispositive Motion(Summary Judgment,Judgment on the Pleadings, or other DispositiveMotion not pursuant to Rule 12(b)) ($50.00)

Judgment on the Pleadings ($50.00)

Motion to Dismiss, or in the Alternative SummaryJudgment($50.00)

Add Party

Change of Venue/Transfer

Compel

Consolidation

Continue

Deposition

Designate a Mediator

Judgment as a Matter of Law (during Trial)

Disburse Funds

Extension of Time

In Limine

Joinder

More Definite Statement

Motion to Dismiss pursuant to Rule 12(b)

New Trial

Objection of Exemptions Claimed

Plaintiff's Motion to Dismiss

Preliminary Injunction

Protective Order

Release from Stay of Execution

Sanctions

Special Practice in Alabama

Strike

Supplement to Pending Motion

Vacate or Modify

Withdraw

Otherpursuant to Rule (Subject to Filing Fee)

pursuant to Rule ($50.00)

*This Cover Sheet must be completed and submitted to the Clerk of Court upon the filing of any motion. Each motion should contain a separate Cover Sheet.

**Motions titled 'Motion to Dismiss' that are not pursuant to Rule 12(b) and are in fact Motions for Summary Judgments are subject to filing fee.

*Motion fees are enumerated in §12-19-71(a). Feespursuant to Local Act are not included. Please contact theClerk of the Court regarding applicable local fees.

Local Court Costs $

D006 - BANK OF AMERICA

1/7/2011 5:27:05 PM

CV200800036200

Pendente Lite

Oral Arguments Requested

Motion to Intervene ($297.00)

ELECTRONICALLY FILED1/7/2011 5:28 PM

CV-2008-000362.00CIRCUIT COURT OF

RUSSELL COUNTY, ALABAMAKATHY S. COULTER, CLERK

Bank's argument

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