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DRAKOPOULOS v. U.S. BANK NATIONAL ASSOCIATION

No. SJC-11271.

465 Mass. 775 (2013)

SUSANNE DRAKOPOULOS & another v. U.S. BANK NATIONAL ASSOCIATION, trustee, & another.,

Supreme Judicial Court of Massachusetts, Essex.

July 12, 2013.

Attorney(s) appearing for the Case

Paul R. Collier, III ( Pamela A. Lebowitz & Max Weinstein with him) for the plaintiffs.

Peter F. Carr, II , for the defendants.

Martha Coakley , Attorney General, Glenn Kaplan , Aaron Lamb , & Gabriel O'Malley , Assistant Attorneys General, for the Commonwealth, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

LENK, J.

In 2006, the plaintiffs, Susanne and Peter Drakopoulos,5 refinanced their family home in Haverhill through Aegis Lending Corporation (lender), entering into a stated income home mortgage loan secured by a first mortgage on the home.6 The total monthly payment on this loan proved to be approximately $600 greater than the plaintiffs' total monthly income. Less...

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