Fill and Sign the West Side Transport Inc V Apac Mississippi Inc 237 F Supp Form

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS.NO. , AND DEFENDANTS ANSWER OF DEFENDANTS AND COME NOW Defendants and and file this their Answer and Defenses to the Complaint to Interplead exhibited against them in the above styled and numbered action. In response to said Complaint, Defendants state the following:1. Defendants admit the allegations contained in Paragraph 1 of the Complaint to Interplead.2. Defendants admit the allegations contained in Paragraph 2 of the Complaint to Interplead.3. Defendants admit the allegations contained in Paragraph 3 of the Complaint to Interplead.4. Defendants admit the allegations contained in Paragraph 4 of the Complaint to Interplead, except Defendants would show that hold a lien on the subject property by virtue of two deeds of trust, one dated , recorded in Deed of Trust Book at Page in the land records of the office of the Chancery Clerk of County, Mississippi and the other recorded in Deed of Trust Book at Page in the land records of the office of the Chancery Clerk of County, Mississippi.5. Defendants admit the allegations contained in Paragraph 5 of the Complaint to Interplead.6. Defendants admit the allegations contained in Paragraph 6 of the Complaint to Interplead.7. Defendants admit the allegations contained in Paragraph 7 of the Complaint to Interplead.8. Defendants admit the allegations contained in Paragraph 8 of the Complaint to Interplead.9. Defendants specifically deny that foreclosure was properly affected by the against their property. Defendants admit the remaining allegations contained in Paragraph 9 of the Complaint. 10.Defendants admit the allegations contained in Paragraph 10 of the Complaint to Interplead. However, Defendants specifically deny any allegations to the effect that is entitled to any of the proceeds of the subject policy of insurance issued by .11. Defendants admit the allegations contained in Paragraph 11 of the Complaint to Interplead. CROSS-CLAIM COME NOW Defendants/Cross -Claimants and and file this Cross-Claim against Defendant/Cross-Defendant, , and in support hereof would show unto this Honorable Court the following: WRONGFUL FORECLOSURE 1. and (hereinafter referred to as " ") are the owners of certain real property located at , , County, Mississippi, more particularly described as follows: SUBJECT, however, to all valid outstanding easements, rights of way, mineral leases, mineral conveyances, mineral reservations and zoning ordinances, which appear of record. 2. That acquired the subject property by virtue of an Assumption Warranty Deed from and , dated , 20 and recorded in Deed Book at Page in the land records of the Office of the Chancery Clerk of County, Mississippi. A true and correct copy of said Warranty Deed is attached hereto and made a part hereof as Exhibit "A."3.That pursuant to the terms of said Assumption Warranty Deed, assumed the indebtedness of and (hereinafter referred to as " ") as represented in that certain Deed of Trust signed and delivered by in favor of on the day of , 20 and recorded in Deed of Trust Book at Page in the land records of the Office of the Chancery Clerk of County, Mississippi. A true and correct copy of said Deed of Trust is attached hereto and made a part hereof as Exhibit "B".4. That upon the acquisition of the subject property, signed and delivered a second Deed of Trust in favor of . Said Deed of Trust is dated , 20 and recorded in Deed of Trust Book at Page in the land records of the office of the Chancery Clerk of County, Mississippi. A true and correct copy of said Deed of Trust is attached hereto and made a part hereof as Exhibit "C".5. That from the date of acquiring the subject property in until on or about the day of , 20 , made their home there. On or about , 20 , suffered the tragedy of a fire at their home. The fire rendered the home unlivable and the were forced to leave and live with friends or relatives. 6. 7. filed a claim for the repair of their fire loss and the loss of their contents with their homeowner's casualty insurer, . were advised by their insurer that their home had been sold in foreclosure the month before.8. That were greatly distressed to learn about the foreclosure, having received no personal notice or process regarding the foreclosure. had made regular payments according to the terms of the Deeds of Trust and had not defaulted in their obligations thereunder.9. then learned that had failed to credit the accounts of for the payments made and had declared them to be in default of their Deeds of Trust and instituted foreclosure proceedings against them.7. That violated the terms of the Deeds of Trust and violated the Due Process rights of as guaranteed by U. S. Const. Amend. V, by holding a foreclosure sale and recording a Substituted Trustee's Deed against them, evicting them from their property all without the due process of law provided for them by the United States Constitution, and by certain Congressional Statutes, including, 42 U.S.C. Section 1471, et seq. and by regulations promulgated by the United States Department of Agriculture at 7 C.F.R. Section 1955.15. (A true and correct copy of said Substituted Trustee's Deed is attached hereto and made a part hereof as Exhibit "D").8. That the willful, malicious, fraudulent and negligent acts of have caused Cross-Claimants to suffer pecuniary and non-pecuniary losses. That besides being deprived of their homestead and having it sold to a third party, Cross-Claimants have been deprived of the equity in their home and the insurance proceeds to repair their fire damaged home.9. That in addition to the financial losses outlined in paragraph 8, Cross-Claimants have suffered other grave financial losses, and have suffered grievous mental distress due to the willful, malicious, fraudulent and negligent acts of the .WHEREFORE, PREMISES CONSIDERED, Cross-Claimants pray that this Cross -Claim be received and filed and that judgment be entered of and against Defendant , awarding them the insurance proceeds tendered into the registry of this Court and additional damages for the financial losses suffered by them and for their mental pain and suffering, and for violation of their constitutional rights as guaranteed by U.S. Const. Amend. V. Further, Plaintiffs pray that the foreclosure sale instituted by be voided and that a Judgment issue declaring Cross-Claimants to be the rightful owners of the subject property. Further, Cross-Claimants pray for attorneys’ fees, costs of court and all other general and specific relief to which they may be entitled in the premises. Respectfully submitted, _______________________________________ Attorney for Of Counsel: Telephone: MSB # Attorney for