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Deutsche Bank National Trust Co. v. Carmichael (In re Carmichael)

United States Bankruptcy Court for the Eastern District of Pennsylvania
443 B.R. 699 (2011)


Facts

Damion and Kiya Carmichael (defendants) mortgaged their property with Ameriquest Mortgage Company (AMC) and signed a promissory note. Soon thereafter, the mortgage and note were conveyed to Deutsche Bank National Trust Company (Deutsche) (plaintiff). However, Deutsche did not immediately record the assignment of the mortgage and note. Deutsche brought a foreclosure action against the Carmichaels in state trial court and moved for summary judgment. Before the trial court could rule on Deutsche’s motion, the Carmichaels filed for bankruptcy and removed the matter to the bankruptcy court. The Carmichaels argued that Deutsche’s motion should be denied because AMC had made fraudulent representations to induce them into refinancing their mortgage and signing the note. The Carmichaels also contended that AMC’s conduct violated Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (Law).

Rule of Law

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Issue

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Holding and Reasoning (Raslavich, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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