Duncan Robertson v. Gmac Mortgage

MEMORANDUM ***

This case comes back following our remand to the district court. Duncan K. Robertson owns real property subject to a deed of trust (“the Nicholls DOT”). The obligor on the Nicholls DOT defaulted, triggering a non-judicial foreclosure by the trustee on behalf of the beneficiary of the Nicholls DOT. Over a period of nearly two years, Robertson successfully resisted several scheduled trustee sales while endeavoring to identify the correct trustee and beneficiary of the Nicholls DOT (which had been transferred more than once), as he intended to pay off the deficiency and improve the…