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GARRETT v. BNC MORTG., INC.

Civil Action No. 11-cv-03242-PAB-BNB.

929 F.Supp.2d 1120 (2013)

Michelle GARRETT and Richard L. Garrett, Plaintiffs, v. BNC MORTGAGE, INC., Mortgage Electronic Registration Systems, Inc., U.S. Bank National Association, as Trustee for the Structured Asset Investment Loan Trust 2006-BNC3, Wells Fargo Home Mortgage, Inc., owner of America's Servicing Company, and Aronowitz & Mecklenburg, LLP, attorneys representing trustee, Defendants.

United States District Court, D. Colorado.

March 7, 2013.

Attorney(s) appearing for the Case

Michelle Garrett, Carbondale, CO, pro se.

Richard L. Garrett, Carbondale, CO, pro se.

Justin Donald Balser , Akerman Senterfitt LLP, Denver, CO, for Defendants.

ORDER

PHILIP A. BRIMMER, District Judge.

This matter is before the Court on the Recommendation of United States Magistrate Judge (the "Recommendation") [Docket No. 30] filed on August 3, 2012.

I. BACKGROUND

The undisputed facts are as follows. On June 26, 2006, plaintiffs Michelle and Richard L. Garrett refinanced their home mortgage loan with defendant BNC Mortgage, Inc. ("BNC"). Docket No. 1 at 5, ¶¶ 12-13; Docket No. 22 at...

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