LISTER v. BANK OF AMERICA, N.A.

No. 14-1448.

790 F.3d 20 (2015)

Deborah A. LISTER; Leon Alan Blais, Plaintiffs, Appellants, v. BANK OF AMERICA, N.A., in its own right and as successor by merger to BAC Loan Servicing, Inc.; Mortgage Electronic Registration Systems, Inc.; Homeward Residential, Inc., in its own rights and as successor to American Home Mortgage Servicing, Inc.; OCWEN Loan Servicing, LLC, Defendants, Appellees, Neil F. Luria, in his capacity as Liquidating Trustee of Chapter 11 Estate of Mortgage Lenders Network, USA, Inc., Defendant.

United States Court of Appeals, First Circuit.

June 12, 2015.


Attorney(s) appearing for the Case

Leon A. Blais , with whom Blais & Parent was on brief, for appellants.

Maura K. McKelvey , with whom Marissa I. Delinks and Hinshaw & Culbertson LLP were on brief, for appellees Mortgage Electronic Registration Systems, Inc.; Homeward Residential Inc., in its own right and as successor to American Home Mortgage Servicing, Inc.; and, OCWEN Loan Servicing, LLC.

Joseph F. Yenouskas , with whom George R. Schneider and Goodwin Procter LLP were on brief, for appellee Bank of America, N.A.

Before HOWARD, SELYA, and STAHL, Circuit Judges.


Claiming uncertainty as to which entity holds an enforceable mortgage on their home, Deborah Lister and Leon Blais filed suit against numerous potential mortgagees.1 The district court subsequently granted defendants' motions to dismiss for failure to state...

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