Richard Eckerle v. Deutsche Bank National Trust

MEMORANDUM

Richard and Daniela Eckerle appeal the summary judgment entered by the district court in favor of Deutsche Bank National Trust Company and American Home Mortgage Servicing, Inc., now known as Homeward Residential, Inc. (“AHMSI”). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. Plaintiffs argue that the district court erred in granting summary judgment because it was required to treat “the allegations in the complaint ... as being true.” To the contrary, when considering a summary judgment motion, the court must determine whether the non-moving party has demonstrated a “genuine dispute as to any material fact” warranting trial. Fed.R.Civ.P. 56(a).

The Eckerles did not do so here. Richard Eckerle’s affidavit stated: “I believe that there was a loan modification agreement in place” and “I am under the impression that a further loan modification is under review and still possible.” Eckerle’s speculation does not establish a material factual dispute as to the existence of a modification agreement. Nelson v. Pima Cmty. Coll., 83 F.3d 1075 , 1081-82 (9th Cir.1996) (“[M]ere allegation and specula tion do not create a factual dispute for purposes of summary…