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SCHAFER v. CITIBANK, N.A.

No. 10-2043.

JOSEPH SCHAFER; MAUREEN SCHAFER, Plaintiffs-Appellants, v. CITIBANK, N.A., as trustee for Bear Stearns ALT-A Trust 2006-5; BEAR STEARNS ALT-A TRUST 2006-5, A New York common law trust; JP Morgan Chase Bank, N.A., f/k/a EMC Mortgage Corporation, as successor in interest to EMC Mortgage, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, a Delaware Corporation; COMMONWEALTH TRUSTEES, LLC, Defendants-Appellees, and FIRST GUARANTY MORTGAGE CORPORATION, a Virginia Corporation; DAVID A. NEAL, a Virginia Resident, Original Trustee, Defendants. VIRGINIA POVERTY LAW CENTER; NATIONAL CONSUMER LAW CENTER; NATIONAL ASSOCIATION OF CONSUMER ADVOCATES; HOUSING OPPORTUNITIES MADE EQUAL; VIRGINIA INTERFAITH CENTER FOR PUBLIC POLICY, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: September 28, 2011.

Attorney(s) appearing for the Case

Christopher E. Brown , R. Michael Smith , BROWN, BROWN & BROWN, P.C., Alexandria, Virginia, for Appellants.

Eric N. Heyer , THOMPSON & HINE LLP, Washington, D.C.; Mark D. Meyer , ROSENBERG & ASSOCIATES, LLC, Bethesda, Maryland, for Appellees.

Thomas D. Domonoske , LEGAL AID JUSTICE CENTER, Harrisonburg, Virginia; Brenda Castaneda , LEGAL AID JUSTICE CENTER, Charlottesville, Virginia, for Amici Supporting Appellants.

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Joseph and Maureen Schafer appeal the district court's order granting Defendants' Fed. R. Civ. P. 12(b)(6) motions to dismiss Plaintiffs' state law claims for declaratory judgment, breach of fiduciary duty, and quiet title, as well as their claim under the Fair Debt Collection Practices Act, 15 U.S.C.A. §§ 1692-1692p (West 2009 & Supp. 2011). Potential amici...

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