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Isom v. Deutsche Bank National Trust Co.

Court of Appeals of Missouri, Western District

March 20, 2018

JOHN W. ISOM, ET AL., Appellants,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, ET AL., Respondents.

          APPEAL FROM THE CIRCUIT COURT OF CARROLL COUNTY, MISSOURI THE HONORABLE DAVID H. MILLER, JUDGE

          Before Division One: Thomas H. Newton, Presiding Judge, Victor C. Howard, Judge and Karen King Mitchell, Judge

          VICTOR C. HOWARD, JUDGE

         John and Tracey Isom appeal the judgment of the Carroll County Circuit Court dismissing their petition. They claim the trial court erroneously treated the motion to dismiss as a motion for summary judgment and in finding they do not have standing. Isom also says their petition was not barred by res judicata. The judgment is reversed and remanded.

         Facts

         On September 30, 2016, John and Tracey Isom (collectively Isom) filed a Petition for Quiet Title Declaratory Judgment, Wrongful Foreclosure, and Violations of the Missouri Merchandising Practices Act in the Carroll County, Missouri circuit court. With respect to this appeal, the petition alleged:

          John and Tracey Isom own real property.

On July 1, 2016, the defendants Deutsche Bank National Trust Company and J.P. Morgan Acquisition Trust (collectively Deutsche) caused to be conducted a foreclosure sale pursuant to a deed of trust that was signed on September 29, 2006.
Deutsche has not disclosed the identity of the "holders" on whose behalf it acts.
On August 1, 2016, Deutsche filed a Petition in Unlawful Detainer against Isom as Trustee on behalf of the trust alleging that it is the purchaser and owner of the Isom real estate through the July 1, 2016 foreclosure sale.
The legal ability and authority of Deutsche to receive, possess, act upon, or give directions regarding Isom's loan is strictly governed by its own governing documents, including its Pooling and Service Agreement (PSA).
The terms of the PSA identify June 15, 2007 as the closing date of Deutsche's ability to purchase and deposit loans in the pool.
The assignment by Deutsche purporting to represent an assignment of ownership of the deed of trust is dated July 27, 2012, more than ...

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