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 

PLAINTIFF’S MOTION 
FOR 
PRELIMINARY INJUNCTION 


REQUEST FOR ORAL ARGUMENT 

The plaintiff, Karen Michele Sala Michaels, pursuant to Federal Rule of Civil 
Procedure 65, hereby request that this Court issue a preliminary injunction 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. In support of this motion, the plaintiff states: 

1. 
There is a substantial likelihood that she 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 the defendant had included that self-
employment income 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. 

2. 
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. 
3. 
The impending irreparable injury to the plaintiff far outweighs whatever damage 
the proposed 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, and to continue to pay the 
modified mortgage loan amount, pending a resolution of this action. 
4. 
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. 
The plaintiff further moves this Court and requests that she be excused from the 
requirements of F.R.Civ.P. 65(c) for providing security. International Ass'n of 
Machinists & Aerospace Workers v. Eastern Airlines, Inc., 925 F.2d 6, 9 (1st Cir., 1990). 
In support of this motion, the plaintiff relies upon: 

1. 
Affidavit Of Plaintiff, Karen Michele Sala Michaels, In Support Of Motion 
For Preliminary Injunction 
2. 
Affidavit Of Francis K. Morris, Plaintiff’s Counsel, In Support Of Motion 
For Injunctive Relief 
3. 
Plaintiff’s Memorandum In Support Of Motion For Preliminary Injunction 
4. The Complaint With Attached Documentary Exhibits 
WHEREFORE, plaintiff respectfully requests that this Court enter a preliminary 
injunction 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 

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and identified as 240 South Silver Lane, Sunderland, Franklin County, Massachusetts, 
until the judgment enters in this action. 

Respectfully Submitted 
KAREN MICHELE SALA Michaels, 
Plaintiff, 
By her attorney, 


/s/ Francis K. Morris 
Francis K. Morris (BBO# 355660) 
fmorris@wmls.org 
Western Massachusetts Legal Services 
Suite 400 
One Monarch Place 
Springfield, Massachusetts 01144 
413-781-7814 


CERTIFICATE PURSUANT TO LOCAL RULE 7.1(A)(2) 

I, Francis K. Morris, hereby certify that in an effort to resolve or narrow the issue, 
particularly to cancel or postpone the mortgage foreclosure auction, on Friday, November 
5, I called and wrote to Attorney Jeffrey Patterson (transmitting that letter both by telefax 
and by U.S. mail), and I called and spoke with Attorney Heather Bennett twice on 
Tuesday, November 9 and once on Wednesday, November 10. However, the results of 
those efforts was that the mortgage foreclosure auction scheduled for Friday, November 
26, 2010, will remain on schedule. 

November10, 2010 /s/ Francis K. Morris 
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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