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HARRY v. COUNTRYWIDE HOME LOANS, INC.

Nos. 16-2380 17-1101.

902 F.3d 16 (2018)

Thomas HARRY, Jr., Gretchen Harry Plaintiffs, Appellants, v. COUNTRYWIDE HOME LOANS, INC.; BAC Home Loans Servicing, LP; Bank of America, N.A.; The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders of CWABS, Inc., Asset-Backed Certificates, Series 2005-17; Green Tree Servicing, LLC, n/k/a Ditech Financial LLC; Mortgage Electronic Registration Systems, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 23, 2018.

Attorney(s) appearing for the Case

Tina L. Sherwood , Hopkinton, MA, on brief for appellants.

Phoebe Norton Coddington , Charlotte, NC, Connie Flores Jones , Houston, TX, and Winston & Strawn LLP, on brief for appellees Countrywide Home Loans, Inc., Bank of America, N.A., and Bank of America Corporation.

Richard E. Briansky , Amy B. Hackett , and McCarter English, LLP, Boston, MA, on brief for appellees Ditech Financial LLC, Mortgage Electronic Registration Systems, Inc., and The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders of the CWABS, Inc., Asset-Backed Certificate Series 2005-17.

Before Howard, Chief Judge, Lynch and Thompson, Circuit Judges.

In November 2005, Thomas and Gretchen Harry borrowed $245,350 from Countrywide Home Loans, Inc.,1 to refinance their property in Mashpee, Massachusetts. The Harrys defaulted on their loan in 2009, and in 2016 they initiated this action to void their transaction...

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