Supreme Court of the United States · Official docket →
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
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-41070 · judgment October 1, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether Respondent Deutsche Bank National Trust Company, as Trustee for Residential Asset Securitization Trust Series 2004-A7 Mortgage PassThrough 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?
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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?
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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.
Counsel of record
For petitioner
Wayne A. Powe
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 20 2020Petition DENIED.
- Apr 01 2020DISTRIBUTED for Conference of 4/17/2020.
- Dec 30 2019Petition for a writ of certiorari filed. (Response due March 19, 2020)