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KAY v. THE BANK OF NEW YORK MELLON

No. A181234.

337 Or. App. 168 (2024)

CYNTHIA KAY and TIMOTHY KAY, Plaintiffs-Appellants, v. THE BANK OF NEW YORK MELLON, fka The Bank of New York, as Indenture Trustee for CWHEQ Revolving Home Equity Loan Trust, Series 2007-A, and Quality Loan Service Corp. of Washington, Defendants-Respondents.

Court of Appeals of Oregon.

December 26, 2024.

Attorney(s) appearing for the Case

Travis W. Misfeldt and Travis W. Misfeldt, P.C. filed the brief for appellants.

John M. Thomas and McCarthy Holthus, LLP, filed the brief for respondent Quality Loan Service Corporation of Washington.

Garrett S. Garfield and Holland & Knight, LLP, filed the brief for respondent The Bank of New York Mellon.

Before Tookey, Presiding Judge, Kamins, Judge, and Kistler, Senior Judge.

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

KAMINS, J.

Vacated and remanded.

Homeowners Timothy and Cynthia Kay1 (plaintiffs) appeal a general judgment of dismissal following a grant of summary...

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