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NATIONAL CITY MORTG. CO. v. STEPHEN

No. 09-1731.

647 F.3d 78 (2011)

NATIONAL CITY MORTGAGE COMPANY, Appellant, v. Brian STEPHEN; Elaine K. STEPHEN.

United States Court of Appeals, Third Circuit.

Opinion Filed July 22, 2011.

Attorney(s) appearing for the Case

Sherri J. Braunstein, Esquire (Argued), Lorraine Gazzara Doyle, Esquire , Heidi R. Spivak, Esquire, Udren Law Offices, Cherry Hill, NJ, for Appellant.

Brion W. Kelley, Esquire (Argued), Kingston, PA, for Appellee.

Before: AMBRO and FISHER, Circuit Judges and SÁNCHEZ, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We have the once-unusual case of a mortgage foreclosure brought in federal court based on diversity jurisdiction. The District Court granted a default judgment in favor of Plaintiff-Appellant National City Mortgage ("NCM"), and ordered that the property securing NCM's loan to the defendants, homeowners Brian and Elaine Stephen, be sold at a foreclosure sale. Following that sale, the Court granted NCM's motion to...

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