Bank of New York Mellon v. Mulei

ORDER

R. BROOKE JACKSON, District Judge.

This matter comes before the Court on cross motions for summary judgment. [## 7, 9].

Procedural History

On October 21, 2009, Plaintiff Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders of CWALT 2004-06CB (“BNY”) filed a complaint in Denver District Court seeking equitable subrogation, foreclosure of an equitable lien, and declaratory judgment regarding real property (“property”) located in the City and County of Denver, Colorado. [# 2]. Defendants include: Anthony Mulei, former property owner; Heritage Bank n/k/a…