Saris v. Flagstar Bank

Plaintiff asserted a claim under Massachusetts’ adoption of UCC Article 5-109 (Fraud and Forgery).

Saris v. Flagstar Bank
No. 19-40040-TSH, 2019 WL 3842937 (D. Mass. Aug. 15, 2019) [USA]

Topics: Civil Complaint; Mortgage; Negligence; Quitclaim Deed; UCC Article 5-109

Parties:
• Plaintiff/Owner – Aaron Saris
• Defendant/Bank – Flagstar Bank

Summary Note:

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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