Deutsche Bank National Trust Co. v. Carmichael (In Re Carmichael)

Opinion

STEPHEN RASLAVICH, Chief Judge.

Introduction

Before the Court is Plaintiff Deutsche Bank’s Motion for Summary Judgment. It is opposed by the Defendants who are the debtors in this bankruptcy case. Briefs were submitted. The Court next took the motion under advisement. For the reasons which follow, the Motion for Summary Judgment will be granted.

Procedural Background

This matter began in state court where Deutsche filed a Complaint in Mortgage Foreclosure. A default judgment was entered and then opened. Debtors filed an Answer and New Matter to which Plaintiffs filed a reply. The New…