No. 19-1024

Wayne A. Powe, et ux. v. Deutsche Bank National Trust Company, as Trustee for Residential Asset Securitization Trust Series 2004-A7 Mortgage Pass-Through Certificates 2004-G

Lower Court: Fifth Circuit
Docketed: 2020-02-18
Status: Denied
Type: Paid
Tags: deed-of-trust financial-institutions-reform-recovery-and-enforce FIRREA firrea-receivership foreclosure foreclosure-standing indymac-bank mortgage-pass-through note-assignment receivership residential-asset-securitization standing trust trustee trustee-appointment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-04-17
Question Presented (from Petition)

1. Whether Respondent Deutsche Bank National
Trust Company, as Trustee for Residential Asset
Securitization Trust Series 2004-A7 Mortgage Pass-
Through Certificates 2004-G, should have been required
to prove that it was appointed trustee of the trust, or
that it formed the trust, in order to have standing to
sue Petitioners for foreclosure, as long-standing prec
edent of this Court requires?

2. Whether Petitioners had standing to challenge
the chain of assignments running from the original
owner of the note and deed of trust to Deutsche Bank,
as supported by well-settled law in Texas?

3. Whether an assignment of the subject note
and deed of trust signed by IndyMac Bank, F.S.B., after
it was placed in receivership by the F.D.I.C. under
the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 ("FIRREA "), 12 U.S.C.
§ 182l(d)(ll)(A), was void? There is no clear precedent
on this question.

Question Presented (AI Summary)

Whether Respondent Deutsche Bank National Trust Company, as Trustee for Residential Asset Securitization Trust Series 2004-A7 Mortgage Pass-Through Certificates 2004-G, should have been required to prove that it was appointed trustee of the trust, or that it formed the trust, in order to have standing to sue Petitioners for foreclosure, as long-standing precedent of this Court requires?

Docket Entries

2020-04-20
Petition DENIED.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2019-12-30
Petition for a writ of certiorari filed. (Response due March 19, 2020)

Attorneys

Wayne A. Powe, et al.
Wayne A. Powe — Petitioner