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FRYZEL v. MORTGAGE ELECTRONIC REGISTRATION SYS.

Nos. 12-1526, 12-1563, 12-1720, 12-1721, 12-1768, 12-1839.

719 F.3d 40 (2013)

Rudolf F. FRYZEL and Ruth E. Fryzel, Plaintiffs, Appellees, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al., Defendants, Appellants. In re Certain Defendants to the In re Mortgage Foreclosure Cases, et al., Petitioners. Thomas D. Gammino, Plaintiff, Appellee, v. Mortgage Electronic Registration Systems, Inc., et al., Defendants, Appellants. Julio Fonseca, et al., Plaintiffs, Appellees, v. Mortgage Electronic Registration Systems, Inc., et al., Defendants, Appellants. Fritz Barionnette, et al., Plaintiffs, Appellees, v. Mortgage Electronic Registration Systems, Inc., et al., Defendants, Appellants. Collette P. Fitzpatrick, Plaintiff, Appellee, v. Mortgage Electronic Registration Systems, Inc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

June 14, 2013.

Attorney(s) appearing for the Case

Maura K. McKelvey , with whom Richard E. Brianksy and Amy B. Hackett were on brief, for appellants.

Mark Ladov , with whom Matthew Menendez , Steven Fischbach , John Rao , and Geoff Walsh were on brief, for amici curiae Rhode Island Legal Services, Inc., Brennan Center for Justice at New York University School of Law, National Consumer Law Center, Inc., Direct Action for Rights and Equality, and Housing Network of Rhode Island.

Corey J. Allard , with whom George Babcock was on brief, for appellees.

Before HOWARD, Circuit Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.

SOUTER, Associate Justice.

The plaintiff-appellees in this consolidated interlocutory appeal are defaulted mortgagors of Rhode Island real estate. They have brought suit to prevent foreclosure or eviction, on the shared ground that ostensible assignments of their mortgagees' legal titles are invalid, leaving the assignees without the right to foreclose. In most cases, the assigning mortgagee was the Mortgage Electronic Registration System, Inc. (MERS).

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