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U.S. BANK NATIONAL ASSOCIATION v. BOLLING

No. 15-P-1259.

90 Mass. App. Ct. 154 (2016)

U.S. BANK NATIONAL ASSOCIATION, trustee v. WENDY BOLLING.

Appeals Court of Massachusetts, Hampden.

September 1, 2016.

Attorney(s) appearing for the Case

Robert Bruce Allensworth ( Robert W. Sparkes, III , with him) for the plaintiff.

Glenn F. Russell, Jr. , for the defendant.

Daniel Bahls & Uri Strauss , for Luz Diaz, amicus curiae, submitted a brief.

Present: GRAINGER, MEADE, & WOLOHOJIAN, JJ.

At issue is whether the defendant, Wendy Bolling, has standing to challenge the assignment of a mortgage that was not made in accordance with the terms of a pooling and servicing agreement (PSA) to which she was not a party. Because the defect rendered the assignment merely voidable rather than void, we conclude that she does not...

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