Butler v. Deutsche Bank Trust Co. Ams.

Plaintiff obtained a loan secured with a promissory note and mortgage on his Massachusetts home. The mortgage document listed Mortgage Electronic Registration Systems (MERS) as mortgagee and nominee for the lender’s successors and assigns. MERS subsequently assigned Butler’s mortgage to Deutsche Bank Trust Company Americas (Deutsche Bank). Deutsche Bank foreclosed on Plaintiff’s home. Plaintiff filed suit against Deutsche Bank for wrongful foreclosure, slander of title, and unfair and deceptive business practices under Massachusetts law, alleging that Deutsche Bank lacked legal possession over both his mortgage and accompanying note, making it an improper party to foreclose. The district court dismissed Plaintiff’s complaint for failure to state a claim, concluding that the foreclosure sales were in accordance with the relevant statutory law. The First Circuit Court of Appeals affirmed the district court’s decision to dismiss Plaintiff’s complaint, holding (1) Deutsche Bank need not have possessed Plaintiff’s note, and (2) Plaintiff failed to state any other colorable claim on which relief might be granted. View "Butler v. Deutsche Bank Trust Co. Ams." on Justia Law