IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

ROBERT DONALDSON, ) ) Plaintiff, ) v. ) Civil Action No. 3:09-cv-0619 ) Judge Nixon/Brown BAC HOME LOAN SERVICING,

L.P., ) Jury Demand et al., f/k/a/ COUNTRYWIDE Defendants.

MOTION TO AMEND COMPLAINT

Comes now the Plaintiff, acting on his own behalf, hereby moves this Honorable Court to enter an order to Amend the Complaint and offers in support the following.

1. Plaintiff sent Defendants a "Nice offer and Demand", on or about June 10, 2009, which was received by the Defendants on June 15, 2009. Plaintiff requested for the Defendants to provide evidence that they are entitled by law to receive payments from the Plaintiff and that the debt they

claim is owed by Plaintiff is indeed a valid debt under the law. The Defendants never responded to Plaintiff's "Nice offer and Demand", so the Plaintiff filed a PETITION FOR INJUNCTIVE AND OTHER RELIEF AND FOR COURT TO COMPEL DEFENDANT TO PRODUCE AND COMPLY WITH PLAINTIFF'S

DEMANDS on or about June 27th , 2009 in the Circuit Court for Davidson County, Tennessee. The Defendants filed a Notice of Removal July 6, 2009 on the basis of Federal Question. On July 14, 2009, Defendants filed a motion for a more definite statement. Plaintiff filed an Amended

Petition for Injunctive and Other relief and for Court to compel Defendant to produce and comply with Plaintiff's demands on August 20, 2009. 2. At the last case management conference, counsel for the Defense stated that Plaintiff continues to allege new charges and that the new

charges were not listed in his 1st amended complaint. 3. Rule 15 of the Federal Rules of Civil Procedure states, "If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an

amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence."

4. Allowing the Plaintiff to amend his complaint will definitely aid in presenting the merits. 5. The Defense has not presented any evidence that the Plaintiff's evidence would prejudice the party's action or defense on the merits. WHEREFORE, Plaintiff

respectfully request that the Court enter an Order to Amend Complaint as follows: 1. The named defendants in this complaint be read as BAC Home Loan Servicing, L.P et al., f/k/a Country Wide Home Loan Servicing, Just Mortgage, Inc., Mortgage Electronic Registration System

(M.E.R.S.),Wilson and Associates P.L.L.C. 2. Plaintiff brings this civil action against Defendants listed in this complaint for violations of 12 U.S.C. 83, violations of the Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq.("RESPA"), violations of the Truth In

Lending Act, 15 U.S.C 1601 et seq. ( "TILA" ), violations of Deceptive Practices Act, 15 U.S.C. 45 et seq., and violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. ( "FDCPA" ). 3. Plaintiff seeks damages over the amount of $75,000 the

total to be determined by the Court as follows: a. Statutory damages

in the amount of $1000.00 each for violation RESPA. b. Statutory damages

in the amount of $1000.00 for each violation of FDCPA. c. Twice the amount

of any finance charge in connection with the transaction for each violation TILA ; d. Actual damages,

including damages for aggravation, embarrassment, humiliation, emotional distress and anxiety in an amount to be

determined in addition to expenses, including reasonable attorneys' fees. e. damages; d. Such other and Punitive

further relief as the Court deems proper.

Respectfully submitted this 10th day February, 2011.

Robert Donaldson