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Donald Terry v. Midland Mortgage Co

November 29, 2011

DONALD TERRY
v.
MIDLAND MORTGAGE CO, ET AL.



The opinion of the court was delivered by: Ludwig, J.

MEMORANDUM

In this action, plaintiff Donald Terry, pro se, sues for recovery of damage to his real property.*fn1 Complaint, docket no. 3. Jurisdiction is alleged to be federal question, and plaintiff characterizes his claim as "civil rights." Id., Section II, A; Designation form, docket no. 1. Defendants*fn2 separately move to dismiss the complaint. The motions will be granted. Fed. R. Civ. P. 12(b)(6).*fn3

The complaint alleges:

On request of Midland Mortgage, Safeguard Properties broke in to my home and changed my locks. They said the property was in foreclosure, which was not true.

They did not reverse the locks until November 2008. They broke the door in causing damage and did not fix the door until February 2009, still incomplete. Also changed back door lock.

I called Midland on 5/8/2008. Sam said send in $575.78 overnight.

I called Midland on 5/15/2008. Ryan McDoulett said he ordered the locks to be changed because I was three months behind on mortgages on 5/7/2008.

I called Midland on 5/23/2008. Twila said 1913 S. Norwood St. never was in foreclosure.

I called Police 5/16/08.

Ron from Safeguard called on 5/19/2008, he will be in area on 5/20/2008.

Ron from Safeguard Properties never showed up at 1913 Norwood St. 5/20/2008.

Robin West, legal department, sent my money order back. 5/23/2008.

Roland, from Safeguard said Midland sent him out on 6/20/2008, he stated that no one from Midland should not come into your home, it liveable.

Freddie Terry witness Safeguard breaking my lock, and they showed him paper stating that I was in ...


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