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MITCHELL v. U.S. BANK NATIONAL ASSOCIATION

No. 17-P-1445.

95 Mass. App. Ct. 901 (2019)

WAYNE E. MITCHELL & another v. U.S. BANK NATIONAL ASSOCIATION, trustee, & others.

Appeals Court of Massachusetts.

March 4, 2019.

Attorney(s) appearing for the Case

Thomas B. Vawter for the plaintiffs.

David E. Fialkow for Mortgage Electronic Registration Systems, Inc., & others.

Rescripts

The plaintiffs, Wayne and Sharon Mitchell (Mitchells), filed this action to try title under G. L. c. 240, claiming that the foreclosure of their home was invalid. The case raises a question as to who is the "note holder" able to foreclose a mortgage, where the note and mortgage were securitized after they were executed. Here the foreclosure was conducted by defendant U.S. Bank National Association (U.S. Bank), which possessed the note, as a trustee, at...

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