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KELLY v. DEUTSCHE BANK NAT. TRUST CO.

Civil Action No. 11-10328-RGS.

789 F.Supp.2d 262 (2011)

John A. KELLY v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee for Soundview Home Loan Trust 2006-OPT3, Asset-Backed Certificates, Series 2006-OPT3, and Sand Canyon Corporation, f/k/a Option One Mortgage Corporation.

United States District Court, D. Massachusetts.

June 9, 2011.

Attorney(s) appearing for the Case

Samuel C. Bodurtha , Maura K. McKelvey , Hinshaw & Culbertson LLP, Boston, MA, for Deutsche Bank National Trust Company, as Trustee.

Kenneth D. Quat , Quat Law Offices, Cambridge, MA, for John A. Kelly.

MEMORANDUM AND ORDER ON DEFENDANT DEUTSCHE BANK'S MOTION TO DISMISS

STEARNS, District Judge.

This case arises from plaintiff John A. Kelly's attempt to save his home from foreclosure by invoking a rescission of the underlying mortgage. On March 7, 2011, defendant Deutsche Bank National Trust Company (Deutsche Bank)1 moved to dismiss all claims. A hearing on the motion was held on June 7, 2011.

BACKGROUND

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