Juan Pimentel v. Deutsche Bank National Trust Company

Syllabus

The plaintiff, Juan Pimentel, appealed the Superior Court's grant of summary judgment in favor of the defendant, Deutsche Bank National Trust Company, regarding the validity of a foreclosure sale on the plaintiff's property. On appeal, the plaintiff argued that summary judgment was not warranted because there was a genuine dispute of material fact as to whether the mortgage assignment was valid and whether the defendant possessed the note. The defendant contended that it could foreclose on the mortgage becaus The Supreme Court held that the defendant was the mortgagee and that, therefore, it could validly foreclose on the plaintiff's property regardless of whether it possessed the note. The Court concluded that, based on the facts of the case, a mortgagee need not hold the note in order to foreclose on a property in non-MERS cases. The Court also held that the plaintiff had failed to provide sufficient evidence to challenge the validity of the corrective assignment transferring the mortgage to the defendant. Therefore, the Court affirmed the judgment of the Superior Court.