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HIEN PHAM v. BANK OF NEW YORK

Case No. 1:12cv2.

856 F.Supp.2d 804 (2012)

Kevin HIEN PHAM and Nathalie Monges, Plaintiffs, v. BANK OF NEW YORK, Mortgage Electronic Registration Systems, Inc., Wittstadt Title & Escrow Company, LLC, and John Doe, Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

April 10, 2012.

Attorney(s) appearing for the Case

Christopher E. Brown , Brown Brown & Brown, Alexandria, VA, for Plaintiffs.

David Glenn Barger , Greenberg Traurig LLP, McLean, VA, Kevin Roger Hildebeidel , Morris Hardwick Schneider PLLC, Manassas, VA, for Defendants.

MEMORANDUM OPINION

T.S. ELLIS III, District Judge.

This removed state-law action is the second round in a long-running effort by defaulting borrowers to avoid foreclosure on their property. More than a year before the defaulting borrowers initiated this action in state court, they had filed an earlier state-court action also seeking to stay a then-impending foreclosure. The defaulting borrowers' first suit named some of the same entities sued here...

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