United States Court of Appeals, District of Columbia Circuit
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
Perry M. Henderson, formerly known as Perry M. Bryant, Appellant United States of America, Appellee
October 14, 2016
from the United States District Court for the District of
Columbia (No. 1:14-cv-00747)
F. Enzinna, appointed by the court, argued the cause and
filed the briefs as amicus curiae in support of appellant.
M. Henderson, pro se, filed the briefs for appellant.
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.
Ginsburg Senior Circuit Judge.
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
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.
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.
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