Lawwly

Deutsche Bank National Trust Co. v. Carmichael (In re Carmichael)

United States Bankruptcy Court for the Eastern District of Pennsylvania

443 B.R. 699 (2011)

Relevant factsFree

The Carmichaels (defendants) signed a mortgage and promissory note with AMC, which later assigned the note and mortgage to Deutsche Bank (plaintiff); after Deutsche Bank sued to foreclose and moved for summary judgment, the Carmichaels removed the case to bankruptcy court and argued the motion should be denied because AMC had fraudulently induced them into refinancing and had violated Pennsylvania's consumer protection law.

IssueFree

Whether a holder in due course is immune from certain claims of fraud and unfair trade practices that may be asserted against the original lender.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases