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WILMINGTON SAV. FUND SOCIETY, FSB v. COLLART

No. 19-1533.

980 F.3d 210 (2020)

WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a Christiana Trust, not individually but as Trustee for BCAT 2015-14BTT, Plaintiff, Appellee, v. Nina B. COLLART, individually and as Trustee of the Lucien R. Collart, Jr. Nominee Trust and as Trustee of the Anne B. Collart Nominee Trust; Thomas D. Mann, Jr. as Trustee of the Nina Collart Nominee Trust, Defendants, Appellants.

United States Court of Appeals, First Circuit.

November 13, 2020.

Attorney(s) appearing for the Case

Thomas O. Moriarty , Braintree, MA, with whom David M. Rogers , Amy M. McCallen , and Moriarty Troyer & Malloy LLC were on brief, for appellants.

Marissa I. Delinks , Boston, MA, with whom Hinshaw & Culbertson LLP was on brief, for appellee.

Before Lynch and Lipez, Circuit Judges.

Wilmington Savings Fund Society, FSB brought suit in 2017 against Nina Collart and Thomas Mann, Jr. concerning a home equity line of credit ("HELOC") that had been granted in 2007 to Nina's father, Lucien, on property in Harwichport, Massachusetts. Wilmington sued Nina in her individual capacity and as the trustee of both the...

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