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Wright v. Dyck O'Neal Inc.

United States District Court, E.D. Missouri, Eastern Division

December 8, 2017

SUSAN WRIGHT, Plaintiff,
v.
DYCK O'NEAL, INC., Defendants.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY, UNITED STATES DISTRICT JUDGE.

         This 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.

         Facts and Background

         Defendant 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 7-401(E) provides:

         Rule 7 - 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.

         Facts and Background

         On 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”).

         Plaintiff defaulted on her payment obligations under the Note as secured by the Deed of Trust.

         On October 19, 2011, Deutsche Bank appointed its attorney in fact, Millsap & Singer, P.C. (“Millsap & Singer”), as successor trustee.

         On 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.

         Deutsche 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 Debt.

         Plaintiff subsequently filed suit against DONI alleging that it had no legal right to collect the Debt.

         Summary ...


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