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FERGUSON v. BANK OF NEW YORK MELLON CORP.

No. 14-20585.

802 F.3d 777 (2015)

Robert Wade FERGUSON; Wendy Thompson Ferguson, Plaintiffs-Appellants, v. The BANK OF NEW YORK MELLON CORPORATION, as Trustee for the Certificate Holders of CWMB, Inc. CHL Mortgage Pass Through Trust 2006-9 Mortgage Pass Through Certificates Series 2006-9, Formerly Known as The Bank of New York, Formerly Known as The Bank of New York Mellon; Mortgage Electronic Registration Systems, Incorporated; Residential Credit Solutions, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 1, 2015.

Attorney(s) appearing for the Case

Gaynell Paul Matherne , Spring, TX, for Plaintiffs-Appellants.

Nathan Templeton Anderson , Attorney, McGlinchey Stafford, P.L.L.C., Dallas, TX, Joseph F. Yenouskas , Goodwin Procter, L.L.P., Washington, DC, for Defendants-Appellees.

Before JONES, SMITH, and SOUTHWICK, Circuit Judges.

Robert and Wendy Ferguson defaulted on their residential mortgage loan and sought to enjoin Bank of New York Mellon Corporation ("BNY") from foreclosing, claiming that the assignment of the deed of trust ("DOT") to BNY was void. The Fergusons also brought a false-lien claim under Texas Civil Practice and Remedies Code...

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