LEMELSON v. U.S. BANK NAT. ASS'N

No. 12-2275.

721 F.3d 18 (2013)

Rev. Fr. Emmanuel LEMELSON, f/k/a Gregory M. Lemelson; Anjeza Lemelson, Plaintiffs, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, Trustee, Defendant, Appellee.

United States Court of Appeals, First Circuit.

July 1, 2013.


Attorney(s) appearing for the Case

James T. Ranney. for appellants.

Peter Francis Carr, II , with whom Eckert Seamans Cherin & Mellott, LLC, was on brief, for appellee.

Before LYNCH, Chief Judge, HOWARD and KAYATTA, Circuit Judges.


LYNCH, Chief Judge.

Petitioners Gregory and Anjeza Lemelson filed this action under the Massachusetts try title statute, Mass. Gen. Laws ch. 240, §§ 1-5, seeking an order invalidating a March 2011 assignment of the mortgage loan on their Southborough, Massachusetts home to defendant U.S. Bank National Association ("U.S. Bank"), and enjoining U.S. Bank from commencing foreclosure proceedings pursuant to that assignment. The Lemelsons have not made a mortgage...

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