Legal Opinion

Deutsche Bank Trust Co. Americas v. Garst

District Court, N.D. Alabama

Decided September 11, 2013No. Civil Action No. 2:11-cv-04027-WMAPublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM OPINION

WILLIAM M. ACKER, JR., District Judge.

This case follows upon a mortgage default and subsequent foreclosure. Plaintiff and counterclaim defendant Deutsche Bank Trust Company Americas, as trustee for RALI 2005QS10, (“Deutsche”) brought suit for ejectment against defendant and counterclaim plaintiff Ashley Garst (“Garst”) for possession of Garst’s residence after a foreclosure sale at which Deutsche was the purchaser. Garst denies that Deutsche has a present right to possession and seeks damages against Deutsche under a variety of theories related to alleged improper collection…

2Cases cited29 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Ted Herring v. Secretary, Department of CorrectionCourt of Appeals for the Eleventh Circuit · 2005
  3. LeBlanc v. Unifund CCR PartnersCourt of Appeals for the Eleventh Circuit · 2010
  4. Reese v. Ellis, Painter, Ratterree & Adams, LLPCourt of Appeals for the Eleventh Circuit · 2012
  5. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-3856 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. In No. 99-3857 Tito Pollice Violet Pollice, Individually and on Behalf of All Others Similarly Situated Linda Mansfield, in No. 99-4049 v. National Tax Funding, L.P. Capital Asset Research Corporation, Ltd. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3858 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp Inc. In No. 99-3859 Gladys Houck Marie Demitras Bragette Parker Mary Walsh, on Their Own Behalf and on Behalf of All Others Similarly Situated Mary Tabb, in No. 99-3898 v. Capital Asset Research Corp., Ltd. National Tax Funding, L.P. Capital Asset Holdings Gp IncCourt of Appeals for the Third Circuit · 2000

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3Cited by13 opinions

  1. James v. Nationstar Mortgage, LLCDistrict Court, S.D. Alabama · 2015
  2. Federal National Mortgage Ass'n v. MorrisDistrict Court, N.D. Alabama · 2015
  3. Ward v. Fid. Bank (In re Ward)United States Bankruptcy Court, S.D. Georgia · 2018
  4. U.S. Bank v. SchubertOhio Court of Appeals · 2014
  5. Alaska Trustee, LLC v. AmbridgeAlaska Supreme Court · 2016

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