UNITED STATES DISTRICT COURT FOR 
THE DISTRICT OF MASSACHUSETTS 


KAREN MICHELE SALA MICHAELS, 
Plaintiff, 

Civil Action No. 3:10-cv-11471-MAP 

v. 
WELLS FARGO HOME MORTGAGE, 
a division of WELLS FARGO BANK, N.A., 
Defendant 

ORDER 
FOR 
PRELIMINARY INJUNCTION 


This Court, after review and due consideration of the plaintiff’s motion for a 
preliminary injunction together with her memorandum of law and affidavits filed in 
support of her motion as well as her complaint, and after due consideration of the 
defendant’s opposition to the plaintiff’s motion, hereby, 

Finds that there is a substantial likelihood that the plaintiff will prevail on the 
merits of this action, as the defendant has conceded in writing “that the issue appears to 
be that the [plaintiff’s] self employment income was not factored into [her] gross income 
for purposes of the HAMP calculations.” If that self-employment income had been 
included in the calculations, then the plaintiff would be eligible for and entitled to a 
permanent mortgage loan modification under HAMP, as she has fulfilled all of the criteria 
and conditions under the HAMP Trial Period Plan, and further 

Finds that if such injunctive relief is not granted, then the plaintiff will suffer 
irreparable harm by the loss of:the right, title, and interest in her home and face imminent 
eviction from that property, and further 

Finds that the impending irreparable injury to the plaintiff far outweighs whatever 
damage the injunctive relief would impose on the defendant, Wells Fargo Home 
Mortgage, as the plaintiff seeks only to maintain the status quo, which has been in effect 


since December 2009, to stop any mortgage foreclosure proceedings, now scheduled for 
Friday, November 26, 2010 at 1:00 PM, as the plaintiff shall continue to pay the modified 
mortgage loan amount, pending a resolution of this action, and further. 

Finds that the injunctive relief would not be adverse to the public interest. To the 
contrary, it would further the public policy of keeping homeowners in their homes. 

Therefore, this Court ORDERS, DECREES, and ENJOINS as follows: 
A Preliminary Injunction shall issue, prohibiting the defendant, Wells Fargo Home 
Mortgage, a divisionof Wells Fargo Bank, N.A., or any of its agents, servants, attorneys, 
independent contractors, auctioneers, or any person action on their behalf from 
conducting a mortgage foreclosure auction seeking to terminate the plaintiff’s right, title, 
and interest in her property known and identified as 240 South Silver Lane, Sunderland, 
Franklin County, Massachusetts, until the judgment enters in this action. 

Michael A Ponsor, Judge 

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CERTIFICATE OF SERVICE 


I, Francis K. Morris, hereby certify that this document filed through the ECF system will 
be sent electronically to the registered participants as identified on the Notice of 
Electronic Filing (NEF) and papers copies will be sent to those indicated as nonregistered 
participants on this date. 

November 10, 2010 /s/ Francis K. Morris 

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