Smith v. CitiMortgage, Inc. (In re Smith)

Chapter

MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

Before the Court are cross-motions for summary judgment filed by Plaintiff David Randall Smith and Defendants CitiMort-gage, Inc. (“Citi”), and Federal Home Loan Mortgage Corporation (“Freddie Mac”). Plaintiff appears in this proceeding in pro per; Defendants are represented by attorney Ellen Cha.

Defendants seek dismissal of the Plaintiffs remaining claims in this adversary proceeding — for declaratory relief that Defendants have no lien on Plaintiffs real property and no claim in this bankruptcy, and to quiet title. Plaintiff seeks summary judgment on all of his remaining claims for relief.

For the reasons set forth below, Defendants’ motion is granted, and Plaintiffs motion is denied.

I. FACTS

A. Loan Origination

In January 2006 Plaintiff and his spouse, Sandra K. Smith (collectively, “Borrowers”), were approved by Reunion Mort *262 gage, Ine. (“Reunion”) for a mortgage loan (“Loan”) in the amount of $227,000. On January 23, 2006, Borrowers executed a promissory note payable to Reunion (“Note”) and secured by a deed of trust (“Deed of Trust”) encumbering Plaintiffs real property at 28 Pine Avenue, Mount…