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IN RE LAFATA

Nos. 05-2510, 06-9009.

483 F.3d 13 (2007)

In re Vito Anthony LAFATA, Debtor. Eastern Savings Bank, FSB, Appellant, v. Vito Anthony Lafata, Appellee. In re Vito Anthony Lafata, Debtor. Eastern Savings Bank, FSB, Appellant, v. Vito Anthony Lafata; Denise M. Pappalardo, Trustee, Appellees.

United States Court of Appeals, First Circuit.

Decided April 3, 2007.

Attorney(s) appearing for the Case

Howard M. Brown, with whom James M. Liston, Thomas M. Looney, and Bartlett Hackett Feinberg P.C. were on brief, for appellant.

Laurel E. Bretta, with whom Bretta & Grimaldi, P.A., was on brief, for appellees.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

STAHL, Senior Circuit Judge.

At issue in this case of first impression is whether the Bankruptcy Code's protection of mortgage lenders against modification of claims secured by a principal residence applies when the residence in fact lies mostly on a lot abutting the mortgaged property. This case arises out of a bizarre set of facts. The debtor in this case and his then-wife mistakenly built a house on the property line between two lots owned by the debtor's ex-wife...

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