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.