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United States Court of Appeals(美国上诉法院).pdf

发布:2017-08-31约1.91万字共11页下载文档
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United States Court of Appeals For the First Circuit No. 13-1476 SANTANDER BANK, N.A., Plaintiff, Appellee, v. CAMILLA J. WARRENDER, Defendant, Appellee, VALERIANO DIVIACCHI, Interested Party, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Denise J. Casper, U.S. District Judge] Before Selya, Stahl and Lipez, Circuit Judges. Valeriano Diviacchi, appearing pro se. Howard M. Brown, with whom Richard E. Gentilli, Sarah A. Smegal, and Bartlett Hackett Feinberg P.C. were on brief, for appellee Santander Bank, N.A. Nancy Sue Keller, with whom Harold Jacobi, III and Jacobi and Chamberlain LLP were on brief, for appellee Camilla J. Warrender. July 29, 2014 LIPEZ, Circuit Judge. This is an appeal from the district courts denial of a motion to enforce an attorneys lien in an underlying mortgage dispute. Attorney Valeriano Diviacchi was one of several lawyers representing defendant Camilla Warrender in an action brought against her by her mortgagee, Sovereign Bank.1 Shortly after Diviacchi entered his appearance, Warrender, without Diviacchis assistance, was able to find a third-party purchaser for her property and negotiate with Sovereign Bank for the dismissal of its claims against her. Prior to the completion of the settlement, Diviacchi filed a notice of attorneys lien pursuant to Massachusetts General Laws chapter 221, section 50 (section 50). The sale of the property went smoothly
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