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PAYAN v. GREENPOINT MORTG. FUNDING, INC.

Civil Action No. 08-cv-6390 (NLH)(KMW).

681 F.Supp.2d 564 (2010)

John and Maria PAYAN, individually and as H/W, Plaintiffs, v. GREENPOINT MORTGAGE FUNDING, INC., American Mortgage, Inc., Karen McHale individually and/or d/b/a American Mortgage, Inc., Homeq Servicing Corporation, and John Does 1-10, Defendants.

United States District Court, D. New Jersey.

January 6, 2010.

Attorney(s) appearing for the Case

Matthew B. Weisberg, Esquire, Prochniak Weisberg, P.C., Morton, PA, for Plaintiffs John and Maria Payan.

Kellie A. Lavery, Ryan L. DiClemente, Esquires, Reed Smith, LLP, Princeton, NJ, and Diane A. Bettino, Esquire, Reed Smith, LLP, Pittsburgh, PA, for Defendant Green Point Mortgage Funding, Inc.

Paul C. Dougherty, Esquire, Haddon Heights, NJ, for Defendant American Mortgage, Inc.

Edward W. Kirn, III, Esquire, Powers Kirn, LLC, Marlton, NJ, for Litton Loan Servicing, LP and Litton GP, LLC.

OPINION

HILLMAN, District Judge.

Plaintiffs, John and Maria Payan, sought to finance the purchase of their new residence by obtaining a loan subject to a mortgage on their property. With the assistance of their mortgage brokers, American Mortgage, Inc. and Karen McHale, plaintiffs obtained a loan from Litton Loan Servicing, LP. However, because the loan did not feature the favorable terms that plaintiffs had sought and could not be refinanced in a timely...

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