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Deutsche Bank National Trust Co. v. Fadili

United States District Court, D. New Hampshire

February 23, 2016

Deutsche Bank National Trust Company, As Trustee for Long Beach Mortgage Loan Trust 2006-5
v.
Alia Fadili, et al. Opinion No. 2016 DNH 033

          ORDER

          JOSEPH DiCLERICO, Jr., District Judge.

         Deutsche 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.

         Standard of Review

         Summary 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).

         Under 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.

         Background

         This 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.

         Adel 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 Lot.

         In 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.

         Stewart 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.

         On June 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.

         Adel 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.

         After 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 ...


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