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TELLADO v. INDYMAC MORTG. SERVICES

Nos. 11-2708, 11-3249.

707 F.3d 275 (2013)

Jose TELLADO; Maria Tellado v. INDYMAC MORTGAGE SERVICES, a division of One West Bank, FSB; Home Funding Group, LLC IndyMac Mortgage Services, Appellant.

United States Court of Appeals, Third Circuit.

Filed: February 11, 2013.

Attorney(s) appearing for the Case

Martin C. Bryce, Jr., Esquire (Argued), Damian L. DiNicola, Esquire , Ballard Spahr, Justin K. Miller, Esquire , C. Paul Scheuritzel, Esquire , Larsson & Scheuritzel, Philadelphia, PA, for Appellant.

Andrew J. Soven, Esquire , Reed Smith, Philadelphia, PA, Scott M. Michelman, Esquire (Argued), Public Citizen Litigation Group, Washington, D.C., Margaret E. Robinson, Esquire , Irwin L. Trauss, Esquire , Philadelphia Legal Assistance, Philadelphia, PA, for Appellees.

Before: SCIRICA, ROTH and BARRY, Circuit Judges.

OPINION

ROTH, Circuit Judge:

This appeal is from the District Court's order to cancel a mortgage loan made by IndyMac Bank, FSB, to Jose and Maria Tellado. After IndyMac failed and was placed into receivership, with the Federal Deposit Insurance Corporation (FDIC) as its receiver, the mortgage loan was purchased from the FDIC by OneWest Bank, FSB. OneWest challenges the District Court's August 8, 2011, order directing OneWest to cancel the loan and refund...

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