United States First Circuit
Fryzel v. Mortgage Electronic Registration Sys., Inc., 12-1526
In consolidated cases brought by plaintiffs, defaulted mortgagors of Rhode Island real estate, to prevent foreclosure or eviction, on the shared ground that ostensible assignments of defendant-mortgagees' legal titles are invalid, the district court erred in ordering a stay in the nature of a preliminary injunction against foreclosure and possessory proceedings, and the cases are remanded with instructions to hold a prompt hearing with reasonable notice on the question whether the injunction should be continued, and to establish specific limits of time and expense if the reference for mediation is to remain in effect.
Appellate Information
- Decided 06/14/2013
- Published 06/14/2013
Judges
- SOUTER (ret.)
Court
- United States First Circuit