Deutsche Bank National Trust Co. v. McDonough

May 24, 2017 by Justia

Defendant owned a property on Arnold Street. Defendant executed a note in favor of Ameriquest Mortgage Company secured by a mortgage on the Arnold Street property. Plaintiff asserted that Ameriquest assigned the Arnold Street mortgage to Deutsche Bank. Plaintiff later commended this litigation seeking a declaratory judgment that the Arnold Street mortgage was a valid, perfected first-priority mortgage on the Arnold Street property and that full payment or satisfaction had not been received on the Arnold Street note. The motion justice granted summary judgment for Plaintiff. The Supreme Court affirmed, holding (1) contrary to Defendant’s contention, there was not a genuine dispute of material fact with respect to whether the Arnold Street note was endorsed; and (2) the Arnold street mortgage was validly assigned to Plaintiff. View "Deutsche Bank National Trust Co. v. McDonough" on Justia Law