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McCUTCHEON v. AMERICA'S SERVICING CO.

Nos. 07-3742, 07-3521.

560 F.3d 143 (2009)

M. Clark McCUTCHEON, Appellant No. 07-3521 v. AMERICA'S SERVICING COMPANY; Fremont Investment & Loan Company; United Home Savings, LLC. M. Clark McCutcheon v. America's Servicing Company; Fremont Investment & Loan Company; United Home Savings, Lie. Fremont Investment & Loan Company, Appellant No. 07-3742.

United States Court of Appeals, Third Circuit.

Opinion Filed: March 20, 2009.

Attorney(s) appearing for the Case

David A. Scholl, Esq. (Argued), Regional Bankruptcy Center of Southeastern PA, Newtown Square, PA, for Appellant.

Sandhya M. Feltes, Esq. (Argued), Kaplin, Stewart, Meloff, Reiter & Stein, Blue Bell, PA, for Appellee Fremont Investment & Loan Co.

Ann E. Walters, Esq. (Argued), Shimberg & Friel, Cherry Hill, NJ, for Appellee America's Servicing Co.

Before: FUENTES, FISHER, and ALDISERT, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge:

M. Clark McCutcheon obtained a variable-rate mortgage on his home in December 2005. He challenged the validity of that mortgage in July 2006, filing suit against the mortgage broker, the mortgage lender, and the mortgage servicer. After a bench trial, McCutcheon was awarded some of the relief he sought when the District Court found that the mortgage lender, Fremont Investment...

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