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POHL v. U.S. BANK FOR MERRILL LYNCH FIRST FRANKLIN

No. 16-1144.

859 F.3d 1226 (2017)

Stanley M. POHL; Zinaida Q. Pohl, Plaintiffs-Appellants, v. U.S. BANK, as trustee FOR MERRILL LYNCH FIRST FRANKLIN MORTGAGE LOAN TRUST BACK CERTIFICATES SERIES 2007-4; Debra Johnson, Public Trustee of Denver County; and all unknown persons who claim any interest in the subject matter of this action, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED June 16, 2017.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Sean Connelly , Zonies Law LLC, Denver, Colorado; Joseph J. Novak , Moritz Law, LLC, Denver, Colorado, for Plaintiffs-Appellants.

Justin D. Balser and Taylor T. Haywood , Akerman LLP, Denver, Colorado, for Defendants-Appellees.

Before TYMKOVICH, Chief Judge, McKAY and LUCERO, Circuit Judges.

This appeal requires us to determine whether the district court erred in holding that plaintiffs Stanley M. Pohl and Zinaida Q. Pohl are precluded from asserting a claim to rescind the foreclosure sale of their home, based on their lender's alleged violations of the Truth in Lending...

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