Wayne A. Powe, et ux. v. Deutsche Bank National Trust Company, as Trustee for Residential Asset Securitization Trust Series 2004-A7 Mortgage Pass-Through Certificates 2004-G
JusticiabilityDoctri
Whether Respondent Deutsche Bank National Trust Company, as Trustee for Residential Asset Securitization Trust Series 2004-A7 Mortgage Pass-Through Certificates 2004-G, should have been required to prove that it was appointed trustee of the trust, or that it formed the trust, in order to have standing to sue Petitioners for foreclosure, as long-standing precedent of this Court requires?
QUESTIONS PRESENTED 1. Whether Respondent Deutsche Bank National Trust Company, as Trustee for Residential Asset . Securitization Trust Series 2004-A7 Mortgage PassThrough Certificates 2004-G, should have been required —— ; to prove that it was appointed trustee of the trust, or . : that it formed the trust, in order to have standing to , ; sue Petitioners for foreclosure, as long-standing precedent of this Court requires? 2. Whether Petitioners had standing to challenge. ; oe the chain of assignments running from the original . owner of the note and deed of trust to Deutsche Bank, : as supported by well-settled law in Texas? : : 3. Whether an assignment of the subject note , and deed of trust signed by IndyMac Bank, F.S.B., after : it was placed in receivership by the F.D.I.C. under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”), 12 U.S.C. § 1821(d)(11)(A), was void? There is no clear precedent on this question. ; ; i