Deutsche Bank National Trust Company v. Citibank, N.A.

Filing 88

ORDERED that the Portises and Deutsche Bank have until 6/28/2011 to file a supplement to their stipulated facts, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 6/22/2011. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee Under the Pooling and
Servicing Agreement Related to IMPAC
Secured Assets Corporation, Mortgage PassThrough Certificates, Series 2007-1,
Plaintiff,
vs.
CITIBANK, N.A.,
Defendant.
_____________________________________
JOHNNY M. PORTIS, et al.,
Plaintiffs,
vs.
CITIBANK, N.A., et al.,
Defendants.

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) CIVIL ACTION NO. 2:09cv324-WHA
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) CIVIL ACTION NO. 2:10cv001-WHA
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ORDER
Upon consideration of the parties’ submissions on the priority of redemptive rights, it
appears to the court that the Joint Stipulation of Facts may be incomplete.
The Portises rely on Ala. Code § 6-5-248 (e), in part, to establish their redemptive right.
They argue that the fact of the Citibank note and/or mortgage is conclusive “proof” that they
remained liable on the debt at the time of the foreclosure sale. Deutsche Bank has stated that
there is no evidence that the Marvins remained liable for any deficiency after the Citibank
foreclosure sale.

It appears that there is a question of interpretation, because Deutsche Bank points to a
question of liability after the Citibank foreclosure sale, while the Portises point to the statutory
language “at the time of the foreclosure sale.” The parties, however, have also cast this
argument in terms of proof. Because this case is to be decided on stipulated facts, the parties
need to supplement their stipulated facts with the facts necessary for the court to make a
determination as to whether the Portises “remain liable on the debt and are debtors at the date of
the foreclosure sale.” Ala. Code § 6-5-248 (e).
Accordingly, it is hereby ORDERED that the Portises and Deutsche Bank have until
June 28, 2011 to file a supplement to their stipulated facts which contains the stipulated facts
necessary for the court to make a determination as to whether the Portises “remain liable on the
debt and are debtors at the date of the foreclosure sale.” Ala. Code § 6-5-248 (e).

Done this 22nd day of June, 2011.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE