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Plaintiff asserted a claim under Massachusetts’ adoption of UCC Article 5-109 (Fraud and Forgery).
Aaron Saris (Plaintiff) owned real property located in Massachusetts with a mortgage serviced by Cenlar FSB. Subsequently, Plaintiff conveyed the real property by quitclaim deed and the “mortgage was then discharged.” Cenlar FSB, however, “transferred servicing responsibilities for the mortgage to” Flagstar Bank (Defendant). Defendant later erroneously debited USD 1,354.37 from Plaintiff’s bank account for a mortgage payment.
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