United States District Court, E.D. Missouri, Eastern Division
OPINION, MEMORANDUM AND ORDER
EDWARD AUTREY, UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant's Motion for
Summary Judgment, [Doc. No.19]. Plaintiff has failed to
respond to the Motion. For the reasons set forth below, the
Court grants the Motion.
has, in accordance with the Court's Local Rules,
submitted a Statement of Uncontroverted Material Facts.
Plaintiff failed to respond to Defendant's facts.
Pursuant to Rule 56 of the Federal Rules of Civil Procedure
and Rule 7-401(E) of this Court's Local Rules,
Defendant's facts are deemed admitted. Local Rule
- 4.01 Motions and Memoranda.
(E) A memorandum in support of a motion for summary judgment
shall have attached a statement of uncontroverted material
facts, set forth in a separately numbered paragraph for each
fact, indicating whether each fact is established by the
record, and, if so, the appropriate citations. Every
memorandum in opposition shall include a statement of
material facts as to which the party contends a genuine issue
exists. Those matters in dispute shall be set forth with
specific references to portions of the record, where
available, upon which the opposing party relies. The opposing
party also shall note for all disputed facts the paragraph
number from movant's listing of facts. All matters set
forth in the statement of the movant shall be deemed admitted
for purposes of summary judgment unless specifically
controverted by the opposing party.
September 5, 2006, Plaintiff Susan Wright
(“Wright”) purchased a condominium located at
1742 Canary Cove in Brentwood, Missouri (the
“Property”). Wright executed a Promissory Note
(“the Note”) in the sum of $173, 600 to the
originating lender, National City Mortgage a division of
National City Bank (“National City”). The Note
was secured by a Deed of Trust (the “Deed of
Trust”) on the Property naming U.S. Title, Steven L.
Dieckman as the trustee and National City as the beneficiary.
National City subsequently assigned its interest in the Note
and Deed of Trust to Deutsche Bank Trust Company Americas
(“Deutsche Bank”) as trustee for the RALI
2006-QS18 Trust (“RALI”).
defaulted on her payment obligations under the Note as
secured by the Deed of Trust.
October 19, 2011, Deutsche Bank appointed its attorney in
fact, Millsap & Singer, P.C. (“Millsap &
Singer”), as successor trustee.
November 28, 2011, 2013, Millsap & Singer non-judicially
foreclosed on the Property to satisfy RALI's lien on the
Property (the “Foreclosure”). No notice of
redemption was ever served on Milsap & Singer at or prior
to the sale.
Bank, as the highest and best bidder, purchased the Property
at the foreclosure sale on behalf of RALI for the sum of
$139, 920. Thereafter, Deutsche Bank, as trustee for RALI,
assigned all of its interest in the Note, Deed, and any
deficiency to DONI (the “Debt”). DONI
subsequently commenced collection efforts to collect the
subsequently filed suit against DONI alleging that it had no
legal right to collect the Debt.