Dehorney v. Deutsche Bank National Trust Co. CA4/2
In December 2006, plaintiff and appellant, Deatra Dehorney, obtained two loans secured by deeds of trust on real property—the house where she has since lived. In 2007, her loans were securitized under third party pooling and servicing agreements (PSAs) which called for her deeds of trust to be assigned to securitized asset trusts. By 2014, she had gone into default, and her mortgage servicing provider warned it would initiate foreclosure proceedings. Roughly contemporaneous with the foreclosure warning, the mortgage holder’s nominee belatedly assigned one of the loans to one of the securitized asset trusts, seemingly in preparation to foreclose.Dehorney sued the assignee, the mortgage service provider, and the mortgage holder’s nominee to short circuit foreclosure. She sought to cancel the original deed of trust because she did not receive a truth in lending disclosure and sought to cancel the assignment because the nominee lacked authority to initiate foreclosure.
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