Deutsche Bank National Trust Co. v. Matthews

In 2009, Plaintiff-Appellee Deutsche Bank National Trust Company, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2007-CH3 (Deutsche Bank) filed a foreclosure action against Defendant-Appellant Theron Matthews. Deutsche Bank claimed at that time to hold the note and mortgage, and that the note and mortgage were indorsed in blank. However from the face of the note attached to the Petition, no such indorsement was found. The Bank then filed a document entitled "Assignment of Real Estate Mortgage" with the County Clerk of Creek County six months after the filing of the foreclosure proceeding. A trial court granted partial summary judgment in Deutsche Bank's favor against Defendant a month later. Defendant appealed the grant of summary judgment arguing Deutsche Bank failed to demonstrate standing. Finding that the Bank did not have the proper supporting documentation in hand when it filed suit, the Supreme Court reversed the trial court's grant of partial summary judgment in its favor. The Court remanded the case for further proceedings. View "Deutsche Bank National Trust Co. v. Matthews" on Justia Law