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Bank of New York Mellon Trust Co. N.A. v. Henderson

United States Court of Appeals, District of Columbia Circuit

July 7, 2017

The Bank of New York Mellon Trust Co. N.A., As Successor in Interest to JP Morgan Chase Bank, National Association, As Successor In Interest to Bank One, National Association, As Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2003-HS1, Asset Backed Pass-Through Certificates Appellee
v.
Perry M. Henderson, formerly known as Perry M. Bryant, Appellant United States of America, Appellee

          Argued October 14, 2016

         Appeal from the United States District Court for the District of Columbia (No. 1:14-cv-00747)

          Paul F. Enzinna, appointed by the court, argued the cause and filed the briefs as amicus curiae in support of appellant.

          Perry M. Henderson, pro se, filed the briefs for appellant.

          S. Mohsin Reza argued the cause and filed the brief for appellee. David Chen entered an appearance.

          Before: Tatel, Circuit Judge, and Edwards and Ginsburg, Senior Circuit Judges.

          OPINION

          Ginsburg Senior Circuit Judge.

         Pro se defendant Perry Henderson appeals the district court's order granting plaintiff Bank of New York Mellon's motion for summary judgment and dismissing Henderson's counterclaims in this judicial foreclosure action. For the following reasons, we affirm the judgment of the district court.

         I. Background

         In 2003, Henderson "encumbered [his house in Washington, D.C.] with a Deed of Trust securing a fixed rate balloon note … in the original principal amount of $191, 250.00." Bank of New York Mellon Trust Co. v. Henderson, 107 F.Supp.3d 41, 43 (D.D.C. 2015). The original lender was SouthStar Funding, LLC. Henderson defaulted on the Note in 2012. Id. In 2013 SouthStar assigned the Deed of Trust to the Bank. Henderson, however, claims the assignment is invalid.

         The Bank initially sought to foreclose on the property in the Superior Court of the District of Columbia, but the case was removed to federal court by the Internal Revenue Service. The district court granted the Bank's motion for summary judgment on the ground that it was entitled to judicial foreclosure. The court also dismissed Henderson's counterclaims for (1) "declaratory and injunctive relief based on plaintiff's failure to follow the proper procedures to foreclose a deed of trust in the District of Columbia, " (2) "violations of the Fair Debt Collection Practices Act, " (3) quiet title, (4) "violations of the Fair Credit Reporting Act, " and (5) civil conspiracy. Id. at 43- 44. Henderson appeals the district court's grant of summary judgment to the Bank and the dismissal of his counterclaims. This court appointed Paul F. Enzinna as amicus curiae to present arguments in support of Henderson's position and we are grateful for his able, though unavailing, efforts.

         II. Analysis

         This case presents two questions: (1) whether the grant of summary judgment was proper given the dispute about the validity of the assignment to the Bank and (2) whether Henderson's counterclaims were properly dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6). We affirm both the district court's grant of summary judgment and its dismissal of Henderson's counterclaims.

         A. ...


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