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SHREWSBURY v. BANK OF NEW YORK MELLON

No. 306, 2016.

160 A.3d 471 (2017)

J.M. SHREWSBURY, a/k/a J. Michael Shrewsbury, and Kathy Shrewsbury, Defendants Below-Appellants, v. THE BANK OF NEW YORK MELLON, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-9, Mortgage Pass-Through Certificates, Series 2007-9, Plaintiff Below-Appellee.

Supreme Court of Delaware.

Decided: April 17, 2017.

Attorney(s) appearing for the Case

Cynthia L. Carroll, Esquire , Cynthia L. Carroll, P.A., Newark, Delaware, for Appellants, J.M. Shrewsbury, a/k/a J. Michael Shrewsbury and Kathy Shrewsbury.

Melanie J. Thompson, Esquire , Atlantic Law Group, LLC, Wilmington, Delaware, for Appellee, The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificateholders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-9, Mortgage Pass-Through Certificates, Series 2007-9.

Before STRINE, Chief Justice; HOLLAND, VALIHURA, VAUGHN, and SEITZ, Justices, constituting the Court en Banc.

This is a mortgage foreclosure action brought by Appellee The Bank of New York Mellon, f/k/a The Bank of New York ("The Bank") against Appellants J.M. Shrewsbury and Kathy Shrewsbury. The Bank is not the original mortgagee. It received the Shrewsbury mortgage by an assignment...

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