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BOSS v. FEDERAL HOUSING FINANCE AGENCY

No. 20-2025, No. 20-2026.

998 F.3d 532 (2021)

Cynthia BOSS, Plaintiff, Appellee, v. FEDERAL HOUSING FINANCE AGENCY; Federal National Mortgage Association, Defendants, Appellants. Santander Bank, N.A., Defendant. Judith A. Sisti, Plaintiff, Appellee, v. Federal Home Loan Mortgage Corporation; Federal Housing Finance Agency; Nationstar Mortgage, LLC, Defendants, Appellants.

United States Court of Appeals, First Circuit.

June 8, 2021.

Attorney(s) appearing for the Case

Michael A.F. Johnson , with whom Dirk C. Phillips , Omomah I. Abebe , and Arnold & Porter Kaye Scholer LLP were on brief, for appellant Federal Housing Finance Authority.

Samuel C. Bodurtha and Hinshaw & Culbertson LLP on brief, for appellants Federal Housing Finance Authority, Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation.

Joseph A. Farside, Jr. , Krystle G. Tadesse , and Locke Lord LLP on brief for appellant Nationstar Mortgage LLC.

Steven S. Flores , with whom Michael Zabelin and Rhode Island Legal Services, Inc. were on brief, for appellees.

Bruce Bennett , Chané Buck , Lawrence D. Rosenberg , C. Kevin Marshall , and Jones Day on brief for amici curiae Institutional Investors in Fannie Mae and Freddie Mac.

Thomas A. Cox on brief for amicus curiae National Consumer Law Center.

Before Lynch and Kayatta, Circuit Judges, and Woodcock, District Judge.

Plaintiffs in these appeals, consolidated for oral argument, entered into mortgages giving their lenders the right, under Rhode Island law, to nonjudicially foreclose on their mortgages. The appeals concern whether these plaintiffs can bring constitutional due process claims against the Federal National Mortgage Association...

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