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BUCCI v. LEHMAN BROTHERS BANK, FSB

No. 2010-146-Appeal.

68 A.3d 1069 (2013)

Anthony BUCCI et al. v. LEHMAN BROTHERS BANK, FSB et al.

Supreme Court of Rhode Island.

April 12, 2013.

Attorney(s) appearing for the Case

Keven A. McKenna, Esq. , Providence, Corey J. Allard, Esq. , for Plaintiffs.

Charles C. Martorana, Esq. , for Defendants.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

OPINION

Justice FLAHERTY, for the Court.

In this case, we are asked to determine whether a nominee of a mortgage lender, who holds only legal title to the mortgage, but who is not the holder of the accompanying promissory note, may exercise the statutory power of sale and foreclose on the mortgage. On May 15, 2007, Anthony Bucci borrowed $249,900 from Lehman Brothers Bank, FSB (Lehman Brothers) to finance the purchase of a home, and he signed an adjustable...

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