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JUÁREZ v. SELECT PORTFOLIO SERVICING, INC.

No. 11-2431.

708 F.3d 269 (2013)

Melissa A. JUÁREZ, Plaintiff, Appellant, v. SELECT PORTFOLIO SERVICING, INC. and U.S. Bank National Association, as Trustee, On Behalf of the Holders of the Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2005-HE8, Asset Backed Pass-Through Certificates, Series NC 2005-HE8, Defendants, Appellees.

United States Court of Appeals, First Circuit.

February 12, 2013.

Attorney(s) appearing for the Case

Glenn F. Russell, Jr. , with whom Law Office of Glenn F. Russell, Jr., was on brief for appellant.

Peter F. Carr, II , with whom Charlotte L. Bednar and Eckert Seamans Cerin & Mellott, LLC, was on brief for appellees.

Before TORRUELLA, RIPPLE, and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

This appeal comes before us after a dismissal of a complaint filed pro se by Melissa A. Juárez against two entities she claims illegally foreclosed her home once she defaulted on her mortgage payments. The district court dismissed her complaint for failure to state a claim. Because we find that the complaint states plausible claims for relief and that the district court abused its discretion in deciding that it would be futile to allow...

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