Deutsche Bank National Trust Company, as Trustee for Registered Holders of Ameriquest Mortgage Securities, Inc. Asset-Backed Pass-Through Certificates 2004-R11 v. John A. McDonough, Jr.

Citations

• 160 A.3d 306
• 2017 WL 2268888
• 2017 R.I. LEXIS 69

Syllabus

The defendant, John A. McDonough, Jr., appealed the Superior Court's grant of summary judgment in favor of the plaintiff, Deutsche Bank National Trust Company, as Trustee for Registered Holders of Ameriquest Mortgage Securities, Inc. Asset-Backed Pass-Through Certificates 2004-R11. At the center of this case was the defendant's ownership interest in property located on Arnold Street in Lincoln, Rhode Island and, precisely, a dispute related to the note and mortgage associated with it. The Supreme Court gleaned two issues properly before it: whether the Arnold Street note was endorsed in blank and whether the Arnold Street mortgage was validly assigned to the plaintiff. On both of these issues, the Court deemed summary judgment appropriate because the defendant failed to satisfy his burden of putting forth competent evidence that demonstrated a genuine dispute of material fact with respect to each. Therefore, the Court affirmed the judgment of the Superior Court.