Richard v. Deutsche Bank National Trust Company et al
Belinda E. Richard |
Deutsche Bank National Trust Company, Regional Trustee Services Corporation and Barclays Capital Real Estate |
3:2009cv00123 |
January 29, 2009 |
US District Court for the District of Oregon |
Real Property: Foreclosure Office |
Washington |
John V. Acosta |
Plaintiff |
Federal Question |
28:1331 Fed. Question: Breach of Contract |
Available Case Documents
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Filing 146 Opinion and Order - Defendants Deutsche Bank and HomEq's motion for summary judgment, Dkt. 107 , is GRANTED IN PART AND DENIED IN PART. Regional's motion forreconsideration, Dkt. 110 , is GRANTED and Regional's motion for summary judgment, Dkt. 110 , is GRANTED. Plaintiff's motion for reconsideration and partial summary judgment, Dkt. 115 , is GRANTED IN PART AND DENIED IN PART. Signed on 3/30/12 by Judge Michael H. Simon. (mja) |
Filing 90 OPINION AND ORDER: This court adopts the Magistrate Judge's Findings and Recommendation 79 in part. Specifically, this court adopts the Magistrate Judge's Findings and Recommendations with exception to his findings regarding whethe r the recording of all assignments or notice were proper. Accordingly, this court denies Plaintiff's Motion for Partial Summary Judgment 43 and grants in part and denies in part Defendants' Motion for Summary Judgment 35 . Plaintiff 9;s motion for partial summary judgment seeking declaratory relief that her account was not in default is denied. Defendants' motion for summary judgment is granted with respect to Plaintiff's requests for declaratory relief because MERS la wfully acted as beneficiary and because Plaintiff was in default. Defendants' motion for summary judgment is denied with respect to Plaintiff's requests for declaratory relief because the appointment of the successor trustee was not valid, and therefore, the foreclosure sale was unlawful. Defendants' motion for summary judgment is granted as to Plaintiff's claim to quiet title and denied as to Plaintiff's claim for wrongful foreclosure. The parties' request for oral argument is denied as unnecessary. See 11-page opinion and order attached. Signed on 7/5/2011 by Judge Marco A. Hernandez. (mr) |
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