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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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