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IN RE ALGER

Bankruptcy No. 09-45282-MSH. Adversary No. 10-04005.

464 B.R. 519 (2012)

In re James E. ALGER, Jr. and Deborah J. Alger, Debtors. James E. Alger, Jr. and Deborah J. Alger, Plaintiffs v. Countrywide Home Loans, Inc., Mortgage Electronic Registration Systems, Inc., and Bank of New York Mellon, f/k/a the Bank of New York, As Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006-11CB Mortgage Pass-Through Certificates, 11CB, Defendants.

United States Bankruptcy Court, D. Massachusetts, Central Division.

January 24, 2012.

Attorney(s) appearing for the Case

Kenneth Quat , Quat Law Offices, Cambridge, MA, for Plaintiffs.

Chad W. Higgins , Goodwin Procter, Boston, MA for Defendants.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

MELVIN S. HOFFMAN, Bankruptcy Judge.

Before me is the defendants' motion for summary judgment. The facts underlying this matter are largely undisputed. On February 23, 2006 James and Deborah Alger refinanced the mortgage on their home in Pepperell, Massachusetts with a $250,000 loan from Countrywide Home Loans, Inc. On that date Countrywide's closing...

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