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DIVITTORIO v. HSBC BANK USA, N.A.

Civil Action No. 09-11449-EFH.

423 B.R. 391 (2010)

Angelo DIVITTORIO, Plaintiff-Appellant v. HSBC BANK USA., N.A., as Trustee on behalf of ACE Securities Corp., Home Equity Loan Trust and for registered holders of ACE Securities Corp., Home Equity Loan Trust, Series 2006-SD1, Asset-Backed Pass-Through Certificates, Ocwen Loan Servicing LLC, and Indymac Federal Bank, Defendants-Appellees.

United States District Court, D. Massachusetts.

January 21, 2010.

Attorney(s) appearing for the Case

Harvey S. Shapiro, Law Office of Harvey S. Shapiro, Boston, MA, for Plaintiff-Appellant.

David E. Fialkow, Nelson Mullins Riley & Scarborough LLP, Boston, MA, for Defendants-Appellees.

MEMORANDUM AND ORDER

HARRINGTON, Senior District Judge.

The appellant, Angelo DiVittorio, appeals from a decision of the United States Bankruptcy Court for the District of Massachusetts dismissing for failure to state a claim his action seeking statutory damages, attorney's fees, and a declaration confirming his right under Mass. Gen. Laws ch. 140D, § 10 (2007) to rescind a home refinance transaction occurring on March 13, 2003 (the "Underlying...

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