Deutsche Bank National Trust Company v. Fadili et al

Filing 82

ORDER: The court hereby orders that this case is stayed until Deutsche Bank has foreclosed on the vacant lot. The parties shall file a status report on or before April 9, 2012. So Ordered by Magistrate Judge Landya B. McCafferty.(ko)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Deutsche Bank National Trust
Company, Trustee for Long Beach
Mortgage Loan Trust 2006-5
v.

Case No. 09-cv-385-LM

Alia Fadili
O R D E R
Based upon various statements made at today’s final pretrial conference, and the court’s own consideration of this
case, it has become apparent that the key to a final resolution,
title to the so-called vacant lot, lies beyond the scope of this
action.

Accordingly, it seems that this court’s resources would

be most judiciously utilized by staying this action until
Deutsche Bank has exhausted its remedies under the mortgage deed
by foreclosing on the vacant lot.

Fadili’s counsel conceded

during today’s conference that Deutsche Bank has the statutory
right to move to foreclose on the vacant lot.

By all accounts,

a successful outcome on that front would render this action
unnecessary.

The court hereby orders that this case is stayed

until Deutsche Bank has foreclosed on the vacant lot.

The

parties shall file a status report on or before April 9, 2012.
SO ORDERED.
__________________________
Landya McCafferty
United States Magistrate Judge
October 7, 2011
cc: William Philpot, Jr., Esq.
Steven M. Latici, Esq.