Macklin
Macklin v. Deutsche Bank National Trust Co. (In re Macklin)
Opinion
Lead Opinion
Sargis, J.
MEMORANDUM OPINION AND DECISION
Plaintiff-Debtor, James L. Macklin (“Plaintiff’), moves the court for summary judgment or summary adjudication pursuant to Federal Rule of Civil Procedure 56, made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7056. Plaintiff asserts that there is no genuine issue as to any material fact and that judgment may be granted as a matter of law.
The dispute before the court in this Adversary Proceeding relates to a non-judi *10 cial foreclosure sale conducted in December 2009 and the rights and interests arising from that sale. In April 2006, Plaintiff borrowed $582,000.00 from Accredited Home Lenders, Inc. (“Lender”) which was secured by a deed of trust (“Deed of Trust”) to purchase real property commonly known as 10040 Wise Road, Auburn, California (the “Property”), for $582,000.00. The $532,000.00 Note dated April 14, 2006, and an undated allonge signed by a Scott T. Stevens, identified as an Assistant Secretary of Accredited Home Lenders, Inc., endorsing the Note to “Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Accredited Mortgage Loan Trust 2006-2 Asset Backed Notes” (“Allonge”)…