United States District Court, D. New Hampshire
Deutsche Bank National Trust Company, As Trustee for Long Beach Mortgage Loan Trust 2006-5
Alia Fadili, et al. Opinion No. 2016 DNH 033
DiCLERICO, Jr., District Judge.
Bank National Trust Company, as trustee for Long Beach
Mortgage Loan Trust 2006-5, brought suit against Alia Fadili,
Stewart Title Company, and Stewart Title Guaranty Company,
alleging claims that arose from a mortgage loan granted to
Alia Fadili by Deutsche Bank's predecessor, Long Beach
Mortgage Company. Summary judgment has been entered in favor
of Stewart Title Company and Stewart Title Guaranty Company
on all claims against them and in favor of Fadili on one
claim against her. Deutsche Bank moves for summary judgment
on some of the remaining claims and on Fadili's
counterclaims. Fadili, who is now proceeding pro se, did not
respond to the motion for summary judgment.
judgment is appropriate when the moving party "shows
that there is no genuine dispute as to any material fact and
the movant is entitled to judgment as a matter of law."
Fed.R.Civ.P. 56(a); Commodity Futures Trading Comm'n v.
JBW Capital, LLC, ___ F.3d ___, 2016 WL 375272, at *4 (1st
Cir. Jan. 29, 2016). "A genuine dispute is one that a
reasonable fact-finder could resolve in favor of either party
and a material fact is one that could affect the outcome of
the case." Flood v. Bank of Am. Corp., 780 F.3d
1, 7 (1st Cir. 2015). Reasonable inferences are taken in the
light most favorable to the nonmoving party, but unsupported
speculation and evidence that "is less than
significantly probative" are not sufficient to avoid
summary judgment. Planadeball v. Wyndham Vacation
Resorts, Inc., 793 F.3d 169, 174 (1st Cir. 2015)
(internal quotation marks omitted).
the local rules of this district, a memorandum in support of
summary judgment must "incorporate a short and concise
statement of material facts, supported by appropriate record
citations, as to which the moving party contends there is no
genuine issue to be tried." LR 56.1(a). If an opposing
party fails to oppose the supported facts provided by the
moving party, "[a]ll properly supported material facts
set forth in the moving party's factual statement may be
deemed admitted." LR 56.1(b). Therefore, because Fadili
failed to provide a response to the motion for summary
judgment, the properly supported facts provided by Deutsche
Bank are deemed admitted.
case and two related cases, Fadili v. Deutsche Bank National
Trust Company, 12-cv-68-JD, and Deutsche Bank National Trust
Co. v. Stewart Title Guaranty Company, 12-cv-106-JD, arose
from the sale of property on Lake Winnipesauke in Alton, New
Hampshire, among members of the Fadili family. Because of the
relationship among the cases, all three cases eventually were
assigned to the undersigned judge to allow an orderly
resolution of the issues. This case, 09-cv-285-JD, was stayed
while the other two cases were addressed and resolved.
Fadili, Alia's father, acquired property in Alton that
was comprised of several lots, including the two lots at
issue in this case: a lot without improvements ("Vacant
Lot") and a lakefront lot with a house, garage, and dock
("House Lot"). In December of 2001, Adel agreed to
sell the House Lot to his son, Amir, and Amir obtained a
mortgage to buy the property. The mortgage and the warranty
deed, however, described the Vacant Lot rather than the House
January of 2006, Amir entered a purchase and sale agreement
with his sister, Alia, for her to buy the property he had
purchased from their father, Adel. Alia obtained a mortgage
for the purchase from Long Beach Mortgage Company and signed
a promissory note. The mortgage and the warranty deed used
the descriptions from the prior mortgage and warranty deed
and described the Vacant Lot.
Title was the closing agent for the transaction between Amir
and Alia. Stewart Title communicated with Long Beach Mortgage
Company for the closing, and had no dealings with Deutsche
Bank. Stewart Title Guaranty provided title insurance for the
transaction. The closing was held on April 27, 2006.
1, 2006, Alia's mortgage was conveyed to Deutsche Bank as
Trustee of the Long Beach Mortgage Loan Trust 2006-05. The
conveyance was made under a Pooling and Servicing Agreement.
had filed for Chapter 7 bankruptcy in early 2005. In July of
2008, the bankruptcy trustee filed a notice of intent to sell
the House Lot at auction in the bankruptcy proceeding. Adel
and Washington Mutual, the servicer of Alia's mortgage,
objected to the sale on the ground that Adel had intended to
convey the House Lot to Amir and Amir had intended to convey
the House Lot to Alia. Washington Mutual argued that the
mortgage was intended to secure the loan based on the value
of the House Lot. The bankruptcy court rejected the
objections raised by Adel and Washington Mutual, and the
House Lot was sold.
learning that the House Lot was part of Adel's bankruptcy
estate, Alia stopped making mortgage payments in August of
2008. The law suits were filed thereafter. Deutsche Bank
represents that Alia owes $1, 605, 674.85 in principle,
interest, and other costs on the ...