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DEUTSCHE BANK NAT. TRUST CO. v. CITIBANK, N.A.

Civil Action Nos. 2:09cv324-WHA, 2:10cv001-WHA.

775 F.Supp.2d 1334 (2011)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee Under the Pooling and Servicing Agreement Related to IMPAC Secured Assets Corporation, Mortgage Pass-Through Certificates, Series 2007-1, Plaintiff, v. CITIBANK, N.A., Defendant. Johnny M. Portis, et al., Plaintiffs, v. Citibank, N.A., et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

April 6, 2011.

Attorney(s) appearing for the Case

Scott Anthony Holmes , Smith Spires & Peddy, PC, Birmingham, AL, for Plaintiffs.

James Aubrey Bradford , Balch & Bingham LLP, Birmingham, AL, Louis Michael Calligas , Balch & Bingham, Montgomery, AL, for Plaintiffs/Defendants.

Edward Devereaux Cotter , Rik Standford Tozzi , Burr & Forman LLP, Birmingham, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

W. HAROLD ALBRITTON, Senior District Judge.

I. INTRODUCTION

This case is before the court on a Motion for Summary Judgment filed by Citibank, N.A. on February 8, 2011 (Doc. # 58), and a Motion for Summary Judgment filed by Johnny M. Portis and Lisa H. Portis on February 9, 2011 (Doc. # 59).

The case consists of two consolidated cases which arise out of the same real estate mortgage transaction. Deutsche...

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