Lister v. Bank of America, N.A., No. 14-1448 (1st Cir. 2015)
Annotate this CaseClaiming that they were uncertain as to which entity held an enforceable mortgage on their home, Plaintiffs brought actions against numerous potential mortgagees, seeking “interim relief,” “quieting of title,” and “credit reporting.” The district court granted Defendants’ motions to dismiss for failure to state a claim. The First Circuit affirmed but for different reasons than those stated by the district court, holding that because Plaintiff relinquished legal title to the property and because Plaintiff’s assertions respecting uncertainty over the mortgage speak solely to the legal title and not to her equitable interest in the property, there was not the requisite adversity to cloud her claim of equitable title as required by the quiet title statute.
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