Rezende v. Ocwen Loan Servicing, LLC, 869 F.3d 40

Rezende refinanced his Everett, MA mortgage in 2005 with Aegis Funding; MERS was nominee for the lender.
In 2010, MERS assigned one mortgage to US Bank, N.A. as Trustee for a securitized trust.
A 2010 loan modification was executed; Rezende began making payments in 2010 and continued until 2013.
Ocwen informed Rezende in 2013 that the loan was in default and returned a payment.
In 2015 Rezende sued Ocwen and US Bank in federal court seeking quiet title, injunction, and damages; diversity jurisdiction was invoked.
The district court granted a Rule 12(c) judgment on the pleadings in 2016, dismissing all counts; on appeal Rezende challenges standing and time-bar defenses for counts V and VI.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to quiet title when mortgage remains in force	Rezende contends he may challenge the assignment and seek title relief.	Defendants argue mortgagor lacks standing while the mortgage remains in effect.	Rezende lacks standing; district court affirmed dismissal.
Timeliness of a Massachusetts Chapter 93A claim	93A claim timely under discovery rule due to delayed statements.	Accrual occurred by September 2010; four-year statute expired before suit.	Claim time-barred; discovery rule rejected.

Culhane v. Aurora Loan Servs. of Nebraska, 708 F.3d 281 (1st Cir. 2013) (mortgagor lacks standing to challenge voidable assignment)
Latson v. Plaza Home Mortg., Inc., 708 F.3d 324 (1st Cir. 2013) (discovery rule considerations for accrual timing)
Bevilacqua v. Rodriguez, 955 N.E.2d 884 (Mass. 2011) (mortgage splits title; equitable vs legal title in deed challenges)
Daley v. Daley, 14 N.E.2d 113 (Mass. 1938) (quiet title requires both possession and legal title)
Maglione v. BancBoston Mortg. Corp., 557 N.E.2d 756 (Mass. App. Ct. 1990) (mortgage as security interest; assignment considerations)
St. Fleur v. WPI Cable Sys./Mutron, 879 N.E.2d 27 (Mass. 2008) (payment-related harms and notice considerations under mass law)