Deutsche Bank National Trust Co. v. Matthews
2012 OK 14
Okla.2012Background
- Deutsche Bank filed foreclosure against Matthews (Jan. 14, 2009), claiming to hold the note and mortgage; note attached to petition lacked indorsement.
- Deutsche Bank filed an assignment of the mortgage with Creek County on June 9, 2009, six months after foreclosure suit began.
- A partial summary judgment against Matthews was granted (Aug. 20, 2009) and memorialized May 26, 2010.
- The central issue on appeal was whether Deutsche Bank had standing to foreclose given its ownership status and attachment of the note.
- The trial court’s summary judgment was reversed with instructions to dismiss without prejudice.
- Dissent argues the real-party-in-interest issue, not standing, governs foreclosure competence and would affirm based on Doan-style analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff had standing to foreclose. | Matthews argues Deutsche Bank lacked standing. | Matthews contends Deutsche Bank did not prove ownership before filing. | Reverse summary judgment; dismissal without prejudice. |
| Whether proper documentation must exist at filing. | Deutsche Bank had evidentiary proof showing holder status. | No requirement to prove ownership at filing. | Dismissal without prejudice; remand to allow amendment. |
| Effect of post-filing assignment of the note. | Assignment post-filing can establish holder status. | Post-filing transfer cannot retroactively cure standing. | Remand; case dismissed without prejudice. |
Key Cases Cited
- Gill v. First Nat. Bank & Trust Co. of Oklahoma City, 195 Okla. 607, 159 P.2d 717 (Okla. 1948) (ownership of note carries with mortgage; standing analysis not central to Gill)
- Engle v. Federal Nat. Mortg. Ass'n, 300 P.2d 997 (Okla. 1956) (ownership of note necessary for enforcement)
- BAC Home Loans Servicing, L.P. v. White, 256 P.3d 1014 (Okla. Civ. App. 2011) (note and mortgage inseparable in Oklahoma)
- Fent v. Contingency Review Board, 163 P.3d 512 (Okla. 2007) (standing defined; three-threshold criteria)
- Toxic Waste Impact Group, Inc. v. Leavitt, 890 P.2d 906 (Okla. 1994) (standing is non-jurisdictional in state court per concurring opinion)