Pehoviak v. Deutsche Bank National Trust Co.

McDonald, C. Brian, J.

1. Introduction

This controversy arises out of a foreclosure sale which has not culminated in a conveyance of the property due to a lack of documentation that the mortgagee could convey clear and marketable title. The plaintiffs, who are the highest bidder at the foreclosure sale and the holder of the second mortgage on the property, respectively, claim that the mortgagee defendant was required to convey clear and marketable title. Before the court is the mortgagee defendant’s motion for summary judgment with respect to both claims. The motion is allowed.

*1822. Background

The…