ELEANOR and RALPH SCHIANO, as wife and husband, and individually v. Homeq Servicing Corporation

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 19-2956
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ELEANOR and RALPH SCHIANO, as wife and husband, and individually,
Appellants
v.
HOMEQ SERVICING CORPORATION AND HOMEQ SERVICING;
WELLS FARGO BANK, N.A.; WELLS FARGO BANK, N.A., Trustee, Park Place
Securities, Inc., 2004 WHQ2; OCWEN LOAN SERVICING, L.L.C.,
individually and as successor to HomEq Servicing
Corporation a/k/a HomEq Servicing (a/k/a Barclays Capital
Real Estate, Inc., d/b/a HomEq Servicing Corporation and HomEq Servicing)
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On Appeal from the United States District Court
for the District of New Jersey
(D.C. Civil No. 2-05-cv-01771)
District Judge: Honorable Brian R. Martinotti
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PETITION FOR REHEARING
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BEFORE: SMITH, Chief Judge, and MCKEE, AMBRO, CHAGARES, JORDAN,
SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS,
and *ROTH, Circuit Judges
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* Judge Roth’s Vote is limited to Panel Rehearing Only.

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2
The petition for rehearing filed by Appellants Eleanor and Ralph Schiano in the
above-captioned matter has been submitted to the judges who participated in the decision
of this Court and to all other available circuit judges of the Court in regular active service.
A majority of the circuit judges of the Court in regular active service who are not
disqualified did not vote for rehearing by the Court en banc. It is now hereby ORDERED
that the petition for rehearing en banc is DENIED.
The judges who participated in the decision of the Court having voted for rehearing,
the petition for panel rehearing is GRANTED. The opinion and judgment entered on
October 28, 2020, are hereby vacated. An amended opinion and judgment will be filed
contemporaneously with this order.
BY THE COURT,
s/ Paul B. Matey
Circuit Judge
DATED: November 20, 2020

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