JOHN W. ISOM, ET AL., Appellants,
DEUTSCHE BANK NATIONAL TRUST COMPANY, ET AL., Respondents.
FROM THE CIRCUIT COURT OF CARROLL COUNTY, MISSOURI THE
HONORABLE DAVID H. MILLER, JUDGE
Division One: Thomas H. Newton, Presiding Judge, Victor C.
Howard, Judge and Karen King Mitchell, Judge
C. HOWARD, JUDGE
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.
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
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 ...