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Reinagel v. Deutsche Bank Nat. Trust Co.

United States Court of Appeals, Fifth Circuit

October 29, 2013

Joseph A. REINAGEL, Jr.; Dia J. Reinagel, Plaintiffs-Appellants
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, Defendant-Appellee.

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[Copyrighted Material Omitted]

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Christopher J. Deeves, Esq., Kenneth Ernest Grubbs, San Antonio, TX, for Plaintiffs-Appellants.

William Scott Hastings, Esq., Robert Thompson Mowrey, Dallas, TX, Benjamin David Lee Foster, Esq., Austin, TX, for Defendant-Appellee.

Appeal from the United States District Court for the Western District of Texas.

Before HIGGINBOTHAM, OWEN, and GRAVES, Circuit Judges.

ON PETITION FOR REHEARING

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Treating Appellants' Petition for Rehearing En Banc as a Petition for Panel Rehearing, the Petition for Panel Rehearing is DENIED, but we amend the prior opinion, 722 F.3d 700 (5th Cir.2013), solely to add footnote 30. As amended, the opinion is as follows:

In this case, mortgagors who defaulted on their note seek to enjoin a bank from foreclosing, contending that the assignments by which the bank obtained the note and corresponding deed of trust were " robo-signed" and therefore invalid. The district court granted the bank's motion to dismiss. We affirm.

I.

In February 2004, Dia and Joseph Reinagel, the appellants, purchased a property in Helotes, Texas for $307,840, obtaining the necessary financing from a mortgage lender not party to this appeal. In May 2006, the Reinagels refinanced, obtaining a $360,000 home-equity loan from Argent Mortage Company, LLC (" Argent" ) in exchange for a promissory note as well as a deed of trust securing the note.[1] Argent apparently sold the Reinagels' loan to Deutsche Bank National Trust Company (" Deutsche Bank" ), the appellee, shortly after origination, at which point Deutsche Bank pooled it with other mortgage loans in a securitization transaction and sold the resulting mortgage-backed securities to investors. As alleged in the amended complaint, the Pooling and Servicing Agreement (" PSA" ) that governed the trust in which Deutsche Bank, as trustee, held the mortgage loans provided that no loans could be transferred into the trust after October 1, 2006.

Notwithstanding the PSA's closing date, neither Argent nor Deutsche Bank formally documented the sale of the Reinagels' loan until January 23, 2008, a date that roughly coincides with the zenith of the subprime mortgage crisis. [2] On that date, a Ms. Dawn L. Reynolds, purporting to act as the " authorized agent" of " Citi Residential Lending, Inc...., [a]ttorney-in-[f]act

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for Argent," executed an instrument assigning the deed of trust " to Deutsche Bank ..., as Trustee, in trust for the registered Holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-M1." Ms. Reynolds acknowledged her signature before a California notary and the instrument was filed and recorded in Bexar County on January ...


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