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IN RE CANNING

No. 12-9002.

706 F.3d 64 (2013)

In re Ralph G. CANNING, III, Megan L. Canning, f/k/a Megan L. Otis, Debtors. Ralph G. Canning, III and Megan L. Canning, f/k/a Megan L. Otis, Plaintiffs, Appellants, v. Beneficial Maine, Inc.; HSBC Mortgage Services, Inc.; HSBC Mortgage Corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

February 1, 2013.

Attorney(s) appearing for the Case

James F. Molleur , with whom Tanya Sambatakos , were on brief for appellants.

Peter J. Haley , with whom Sean R. Higgins and Nelson Mullins Riley & Scarborough LLP, were on brief for appellees.

Before TORRUELLA, RIPPLE, and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

Plaintiffs-Appellants, Ralph G. Canning III and Megan L. Canning (the "Cannings"), filed a Chapter 7 bankruptcy petition and sought to surrender their residence. When their mortgage lenders, Defendants-Appellees, Beneficial Maine, Inc., HSBC Mortgage Services, Inc., and HSBC Mortgage Corporation (collectively "Beneficial"), refused to foreclose or otherwise take title to the residence, the Cannings demanded that the mortgage lien be released...

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