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LAGE v. OCWEN LOAN SERVICING LLC

No. 15-15558.

839 F.3d 1003 (2016)

John LAGE, Maria Mantilla, Plaintiffs-Appellants, v. OCWEN LOAN SERVICING LLC, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Date Filed: October 7, 2016.

Attorney(s) appearing for the Case

Jeffrey Golant , Ashley Renee Eagle , Chad Klosky , Christina Nicole Zanakos , The Law Offices of Jeffrey N. Golant, PA, CORAL SPRINGS, FL, Jessica L. Kerr , Kerr Law Office, HOLLYWOOD, FL, for Plaintiffs-Appellants.

David R. Fine , K & L Gates, LLP, HARRISBURG, PA, Freddi R. Mack , K & L Gates, LLP, MIAMI, FL, for Defendant-Appellee.

Before WILLIAM PRYOR and JILL PRYOR, Circuit Judges, and VOORHEES, District Judge.

In this appeal we consider whether loan servicer Ocwen Loan Servicing, LLC had a duty to evaluate an application for loss mitigation options submitted by borrowers John Lage and Maria Mantilla ("Borrowers") when, at the time the application was submitted, a foreclosure sale of the Borrowers' property was scheduled to occur in two days. Under...

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