Legal Opinion

Dougal v. Mortgage (In Re Dougal)

United States Bankruptcy Court, W.D. Pennsylvania

Decided October 29, 2008No. 19-20334PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

THOMAS P. AGRESTI, Bankruptcy Judge.

In this Adversary Proceeding, the Debtors/Plaintiffs (“Dougals”) are seeking relief under various theories against the current holder of the mortgage on their residence, Deutsche Bank Trust Company Americas (“Deutsche Bank”) and the mortgage ser-vicer, Saxon Mortgage. 1 For the reasons stated below, the Court will grant summary judgment in favor of Deutsche Bank as to one of the Dougals’ claims.

PROCEDURAL HISTORY

The pleading history of this case is somewhat complex but it is important to briefly recount it for an understanding of…

2Cases cited35 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Allen v. McCurrySupreme Court of the United States · 1980
  4. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
  5. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982

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3Cited by5 opinions

  1. Stewart v. JPMorgan Chase Bank, N.A. (In re Stewart)United States Bankruptcy Court, W.D. Pennsylvania · 2012
  2. Philadelphia Entertainment & Development Partners, L.P. v. Pennsylvania Department of Revenue (In re Philadelphia Entertainment & Development Partners, L.P.)United States Bankruptcy Court, E.D. Pennsylvania · 2016
  3. Washington v. Saxon Mortgage Services (In Re Washington)United States Bankruptcy Court, W.D. Pennsylvania · 2012
  4. Regan v. HSBC Bank (USA) (In Re Regan)United States Bankruptcy Court, D. Kansas · 2010
  5. Sherzer v. Homestar Mortgage ServicesDistrict Court, E.D. Pennsylvania · 2011

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