FRANGOS v. BANK OF AMERICA, N.A.

No. 15-2494.

826 F.3d 594 (2016)

Thomas FRANGOS; Frances Frangos, Plaintiffs, Appellants, v. BANK OF AMERICA, N.A.; The Bank of New York Mellon; New Penn Financial, LLC, d/b/a Shellpoint Mortgage Servicing, Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 21, 2016.


Attorney(s) appearing for the Case

John L. McGowan on brief for appellants.

Phoebe N. Coddington , Elizabeth T. Timkovich , and Winston & Strawn LLP, Charlotte, NC, on brief for appellees Bank of America, N.A. and The Bank of New York Mellon.

Joseph J. Patry and Blank Rome LLP, Washington, D.C., on brief for appellee New Penn Financial, LLC.

Before Lynch, Stahl, and Kayatta, Circuit Judges.


After twice defaulting on their mortgage, Thomas and Frances Frangos brought suit against the defendants, Bank of America, N.A. ("BoA"), The Bank of New York Mellon ("BoNYM"), and New Penn Financial, LLC, seeking to forestall a planned foreclosure sale of their home. The Frangoses now appeal from the district court's entry...

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