Bailey v. Deutsche Bank Trust Company Americas, et al
ORDER AND OPINION DENYING MOITON TO SET ASIDE ORDER OF DISMISSAL 17 . Signed on 5/22/15 by District Judge Ortrie D. Smith. (Matthes, Renea) Modified on 5/22/2015 - order mailed to Mr. Bailey (Carr, Lori).
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
JOE L. BAILEY,
DEUTSCHE BANK TRUST COMPANY )
AMERICAS and WELLS FARGO
Case No. 15-0014-CV-W-ODS
ORDER AND OPINION DENYING MOITON TO SET ASIDE ORDER OF DISMISSAL
On March 11, 2015 the Court granted Defendants’ Motion to Dismiss for Failure
to State a Claim. Pending is Plaintiff’s Motion to Set Aside Order of Dismissal, which is
As explained in the Court’s March 11 Order, in 2006 Plaintiff executed a
$200,000 promissory note (“the Note”) in favor of Wachovia Mortgage Corporation
(“Wachovia”); the Note was secured by a Deed of Trust on a piece of real property (“the
Property”). The Deed of Trust named Robert Meckfessel as Trustee and Mortgage
Electronic Registration Systems, Inc. (“MERS”) as the beneficiary. In April 2009 MERS
assigned the beneficial interest in the Deed of Trust to Wachovia. Sometime before
June 2011 Wells Fargo Bank, N.A. (“Wells Fargo”) became the successor by merger to
Wachovia, and in June 2011 Wells Fargo assigned the Deed of Trust to Deutsche Bank
in its capacity as Trustee for a trust of mortgages securitizing mortgage-backed
investments (“Deutsche Bank”). In August 2013, Deutsche Bank appointed the
Substitute Transfer Corporation (“STC”) as Successor Trustee, and in September 2013
STC instituted a foreclosure sale as permitted by the Deed of Trust. A Successor
Trustee’s Deed was issued to Deutsche Bank. All of these transactions are reflected in
documents recorded with the Jackson County Recorder of Deeds. The Note – which is
the focal point of Plaintiff’s suit and thus may be examined for purposes of resolving
Defendants’ motion – reflects that it was endorsed by Wachovia to Residential Funding
Company, LLC, and then by Residential Funding Company, LLC to Deutsche Bank as
trustee. Thus, Deutsche Bank (as trustee) owns the Note.
Plaintiff’s suit seeks a multitude of orders setting aside or altering these
transactions, declaring him to be the owner of the property, and awarding him damages.
Plaintiffs’ claims all stem from a single premise: that assignment of the Note to
Deutsche Bank was void because it occurred after the Pooling and Servicing
Agreement (“PSA”) permitted the trust to obtain new assets. Therefore, Deutsche Bank
could not have the ability to collect funds or enforce the Deed of Trust. The Court found
Plaintiff’s theory to be legally invalid because he was not a party to the PSA and thus
could not utilize it to invalidate the securitization trust’s acquisition of the Note and Deed
In seeking reconsideration, Plaintiff presents arguments predicated on Article III
of the Constitution to challenge Defendant’s standing to enforce the debt. In so doing,
Plaintiff conflates unrelated concepts to reach an erroneous conclusion. Plaintiff is
entitled to ascertain who he owes the debt to; but he cannot rely upon the PSA to nullify
his contractual obligations. Plaintiff insists he is not seeking to enforce the PSA, but this
argument is sophistry: he is relying on alleged violations of the PSA to obtain relief, and
this he cannot do.
Plaintiff also reiterates his general allegations regarding the legality of the
transfers. As the Court stated previously, “[t]his does not provide his claims with any
legal footing.” Plaintiff has not set forth the basis for any theory entitling him to relief.
The Motion for To Set Aside Order of Dismissal (Doc. # 17) is denied.
IT IS SO ORDERED.
DATE: May 22, 2015
/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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