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FRENCH v. BANK OF NEW YORK MELLON

No. 12-2284.

729 F.3d 17 (2013)

Harold FRENCH, Plaintiff, Appellant, v. The BANK OF NEW YORK MELLON, Defendant, Appellee.

United States Court of Appeals, First Circuit.

August 30, 2013.

Attorney(s) appearing for the Case

Eugene F. Sullivan, III , for appellant.

George R. Schneider , with whom Goodwin Procter LLP, Thomas J. Pappas , Jennifer T. Beaudet , and Primmer Piper Eggleston & Cramer PC, were on brief, for appellee.

Before TORRUELLA, DYK and KAYATTA, Circuit Judges.

KAYATTA, Circuit Judge.

Harold French borrowed money from Countrywide Financial ("Countrywide") and secured the loan with a mortgage on a parcel of land he owned. Having failed to make payments on his loan, French seeks to enjoin foreclosure by Countrywide's assignee, Bank of New York Mellon ("BONY"). French argues that: (1) the description of his property in the mortgage he signed does not satisfy New Hampshire's statute of frauds; and, (2) Countrywide's unilateral...

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