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