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IN RE FULLER

No. 10-1642.

642 F.3d 240 (2011)

In re David L. FULLER; Betsy L. Fuller, Debtors. David L. Fuller; Betsy L. Fuller, Appellants, v. Deutsche Bank National Trust Company, as Trustee for the Registered Holders of CDC Mortgage Capital Trust 2003-HE4, Mortgage Pass-Through Certificates, Series 2003-HE4, Appellee, Encore Credit Corp.; Bear Stearns Residential Mortgage Corp., Defendants.

United States Court of Appeals, First Circuit.

Decided April 21, 2011.

Attorney(s) appearing for the Case

Kenneth D. Quat with whom Quat Law Offices was on brief for appellants.

David Fialkow with whom Jeffrey S. Patterson and Nelson Mullins Riley & Scarborough LLP were on brief for appellee.

Before TORRUELLA, Circuit Judge, SOUTER, Associate Justice, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

David and Betsy Fuller bought land in Tyngsboro, Massachusetts in 1991, and built on it their single-family residence where they have lived ever since. In 2003, the Fullers refinanced their mortgage, obtaining a $256,500 loan from Encore Credit Corp. ("Encore"). Although scheduled to close a day earlier, the loan in fact closed on August 12, 2003. Later that year the mortgage was assigned to Deutsche Bank National Trust Co. ("Deutsche Bank"...

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