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Appeals court considers Deutsche Bank challenge to summary judgment tied to mortgage assignment timing
Summary
Deutsche Bank appealed denial of summary judgment, arguing a post‑bankruptcy assignment finding was erroneous; the court examined whether the bank waived arguments, whether the note vs. mortgage distinction matters under state law, and whether relief should be sought via Rule 60(b). Appellate argument concluded without immediate ruling.
Brian Linehan, arguing for Deutsche Bank National Trust Company, urged the panel to treat the bank’s motion as one for relief under Rule 60(b) and to correct what he described as factual errors in the housing court’s summary-judgment ruling — chiefly a finding that the originating lender sold the loan after…
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