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BANK OF NEW YORK MELLON v. MULEI

Civil Action No. 11-cv-01477-RBJ-CBS.

885 F.Supp.2d 1075 (2012)

The BANK OF NEW YORK MELLON f/k/a The Bank of New York as Trustee for the Certificate Holders of CWALT 2004-06CB, Plaintiff, v. Anthony MULEI; Federal Deposit Insurance Corporation, as receiver for Heritage Bank n/k/a First Community Bank; Joe Hicks; and Stephanie Y. O'Malley, as Public Trustee for Denver County, Colorado, Defendants.

United States District Court, D. Colorado.

June 18, 2012.

Attorney(s) appearing for the Case

Elizabeth S. Marcus , Kimberly L. Martinez , Phillip A. Vaglica , Castle Stawiarski, LLC, Denver, CO, for Plaintiff.

Anthony Mulei, Denver, CO, pro se.

Daniel J. Flynn , Rautenstraus & Joss, P.C., Louisville, CO, Jeffrey Alan Sandell , Federal Deposit Insurance Corporation, Dallas, TX, Jessica Marie Debroisse , Joseph A. Murr , Bloom, Murr & Accomazzo, P.C., Patrick A. Wheeler , Denver, CO, for Defendants.

ORDER

R. BROOKE JACKSON, District Judge.

This matter comes before the Court on cross motions for summary judgment. [## 7, 9].

Procedural History

On October 21, 2009, Plaintiff Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders of CWALT 2004-06CB ("BNY") filed a complaint in Denver District Court seeking equitable subrogation, foreclosure of an equitable lien, and declaratory judgment regarding real...

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