UNITED ST ATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF FLORIDA FORT LAUDERDALE DIVISION

In re: ANDREW L. THOMPSON ERPHA L. THOMPSON Debtors, _______________________________ ANDREW L. THOMPSON AND ERPHA L. THOMPSON Plaintiffs, v.

Case No.: 10-15512-RBR Chapter: 7

THE LAW OFFFICE OF MARSHALL C. WATSON, P.A. and U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST 2005-HE1, BY SAXON MORTGAGE SERVICES INCORPORATED AS ITS ATTORNEY-IN- FACT Defendants. _________________________________________/ COMPLAINT SEEKING CONTEMPT REMEDIES FOR WILLFUL VIOLATION OF THE AUTOMATIC STAY 1. This complaint is filed by the Debtors/ Plaintiffs, ANDREW L. THOMPSON and ERPHA L. THOMPSON, in the above referenced chapter 7 case. This Court thus has jurisdiction over this proceeding, which arises

under Bankruptcy Code, pursuant to 28 U.S.C. 1334. This proceeding is a core proceeding. 2. Defendant, MARSHALL C. WATSON, P.A. (hereinafter MCW) is a corporation operating and organized under the laws of the State of Florida. Upon information and belief, MCW is engaged in the business of collection of debt on behalf of Defendant, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY LOAN TRUST 2005-HE1, BY SAXON MORTGAGE SERVICES INCORPORATED AS ITS ATTORNEY-IN-FACT (hereinafter US BANK) . 3. Defendant US BANK is a corporation with its principle place of business in Minneapolis, Minnesota. Upon information and belief, US Bank is engaged in the business of collection of mortgage debts thorough its agent, Saxon Mortgage Services, Inc. 4. Defendant US BANK is allegedly a creditor by virtue of a promissory note and mortgage debt it claims Debtors/Plaintiff owes it. 5. Defendant US BANK is allegedly a creditor of the Debtors/Plaintiffs within the meaning of the Florida Consumer Collection Practice Act; Florida Statute 559 et seq. 6. Defendant, MCW is a debt collector within the meaning of the Florida Consumer Collection Practice Act; Florida Statute 559 et seq.

7. On March 4, 2010, an Order for Relief was entered pursuant to 11 U.S.C. 301, thus triggering an automatic stay, pursuant to 11 U.S.C. 362(a), of all debt collection actions against the Debtors. 8. On or about March 7, 2010, the Bankruptcy Noticing Center (BNC) sent formal notification of the Bankruptcy proceeding to all scheduled creditors. Defendant, MCW and US BANK was thus put on formal notice of the subject bankruptcy proceedings. A true and correct copy of the BNCs Certificate of Notice is attached hereto as Exhibit A. 9. On or about March 11, 2010, Debtors/Plaintiffs served Defendants, US BANK and MCW with a copy of the Bankruptcy Petition and filed a copy of said Petition in the State Foreclosure case file. A true and correct copy of the State foreclosure case docket is attached hereto as Exhibit B. 10. Upon information and belief, Defendant US BANK charged Defendant, MCW with the task of foreclosing on the Mortgage and collecting the alleged debt due and owing from Debtors/Plaintiffs to US BANK. 11. On March 4, 2010, Defendants US BANK and MCW were required to immediately halt any and all efforts to collect the alleged debt owing to US BANK from Debtors/Plaintiffs.

12. On or about March 15, 2010, on behalf of US BANK and with full authority to do so, Defendant MCW unlawfully recorded (post-petition) a real property instrument (certificate of title, issued May 26, 2010) which illegally transferred the Debtors/Plaintiffs legal and possessory interest in their homestead to US BANK. A true and correct copy of the certificate of title is attached hereto as Exhibit C. 13. On or about March 17, 2010, on behalf of US BANK and with full authority to do so, Defendant MCW unlawfully sent a post-petition letter to Debtors/Plaintiffs warning them to vacate the subject property or face eviction proceedings. A true and correct copy of the Notice to Vacate is attached hereto as Exhibit D. 14. On or about March 19, 2010, on behalf of US BANK and with full authority to do so, Defendant MCW unlawfully filed a post-petition ExParte Motion for an Order directing the Clerk of Court to issue a Writ of Possession. A true and correct copy of the Ex-Parte Motion is attached hereto as Exhibit E. 15. On March 23, 2010, in direct response to MCWS March 19, 2010 Ex-Parte Motion, the State Court issued an Order directing the Broward Clerk of Court to issue a Writ of Possession. A true and correct copy of the Order is attached hereto as Exhibit F.

16. On or about April 12, 2010, in fear that MCW and US BANK would continue violating the automatic Stay, Debtors/Plaintiffs filed a copy of their Bankruptcy Petition with BSO. 17. On April 28, 2010, Debtors/Plaintiffs sent a certified letter to MCW informing it of its willful violations of the automatic stay. A true and correct copy of the Debtors/Plaintiffs April 28, 2010 letter is attached hereto as Exhibit G. 18. On or about April 29, 2010, Defendant MCW, on behalf of US BANK and with full authority to do so, filed in this Court, a Motion for Relief from Stay (D.E. #33). 19. On May 14, 2010, Debtors/Plaintiffs filed a Response and Opposition (D.E. #44) to US BANK Motion for Relief from Stay. In their response, the Debtors/Plaintiffs vigorously opposed US BANK Motion for Relief from Stay. 20. On May 22, 2010 Defendant MCW, on behalf of US BANK, unlawfully and knowingly caused a Writ of Possession to be issued. 21. On May 28, 2010 MCW and US BANK knowingly, intentionally and unlawfully posted or caused to be posted a post-petition 24-hour Final Notice of Eviction on the front door of Debtor/Plaintiffs homestead. A

true and correct copy of the Eviction Notice and Writ of Possession is attached hereto as Exhibit H. 22. As the Court clearly confirmed on several occasions, US BANK and its Attorney, MCW knowingly and repeatedly violated the automatic stay. According to this honorable Court, the multiple violations were between March 4, 2010 and May 22, 2010 (see D.E. 51). 23. Defendants refusal to cease all collection actions after Debtor/Plaintiffs March 4, 2010 bankruptcy filing constitutes multiple and willful violations of the automatic stay, 11 U.S.C. 362(a). WHEREFORE, the Debtor/Plaintiff prays that this Court will enter an Oder: a. Declaring the Defendants guilty of civil contempt by willfully violating the automatic stay granted herein on March 4, 2010, for its actions including but not limited to those on or about March 15, 2010, March 17, 2010, March 19, 2010, May 22, 2010 and May 28, 2010; and, b. Awarding Debtor/Plaintiffs actual damages and statutory damages in the amount of $5000.00 and cost as provided by 11 U.S.C. 362(k) and,

c. Awarding Debtor/Plaintiff compensatory and punitive damages and costs pursuant to 11 U.S.C. 362(k) and for contempt of Court; and, d. Granting such additional relief as it deems necessary or proper.

______________________________ Andrew L. Thompson 1513 NW 18th Court Fort Lauderdale, Florida 33311 (954) 260-1109 DrewT5@att.net ______________________________ Erpha L. Thompson 1513 NW 18th Court Fort Lauderdale, Florida 33311 (954) 260-1109 DrewT5@att.net