Legal Opinion
Fuller v. Deutsche Bank National Trust Co. Ex Rel. CDC Mortgage Capital Trust 2003-HE4 (In Re Fuller)
Court of Appeals for the First Circuit
Decided April 21, 2011No. 10-1642PublishedCited by 4 opinions
1Opinion of the Court
BOUDIN, Circuit Judge.
David and Betsy Fuller bought land in Tyngsboro, Massachusetts in 1991, and built on it their single-family residence where they have lived ever since. In 2003, the Fullers refinanced their mortgage, obtaining a $256,500 loan from Encore Credit Corp. (“Encore”)- Although scheduled to close a day earlier, the loan in fact closed on August 12, 2003. Later that year the mortgage was assigned to Deutsche Bank National Trust Co. (“Deutsche Bank”). The Fullers fell behind on their payments to Deutsche Bank, which in 2008 initiated foreclosure proceedings and rejected the…
2Cases cited12 opinions
- Packaging Industries Group, Inc. v. CheneyMassachusetts Supreme Judicial Court · 1980
- Palmer v. Champion MortgageCourt of Appeals for the First Circuit · 2006
- McKenna v. First Horizon Home Loan Corp.Court of Appeals for the First Circuit · 2007
- Barnes v. Fleet National Bank, N.A.Court of Appeals for the First Circuit · 2004
- Diane Cantwell v. University of Massachusetts and Michael KasavanaCourt of Appeals for the First Circuit · 1977
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3Cited by4 opinions
- Smith-Pena v. Wells Fargo Bank, N.A. (In re Smith-Pena)United States Bankruptcy Court, D. Massachusetts · 2013
- Cromwell v. Countrywide Home Loans, Inc. (In Re Cromwell)United States Bankruptcy Court, D. Massachusetts · 2011
- Giza v. Amcap Mortgage, Inc. (In Re Giza)United States Bankruptcy Court, D. Massachusetts · 2011
- Acevedo v. Wells Fargo Bank, N.A. (In re Acevedo)United States Bankruptcy Court, D. Massachusetts · 2012