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DEUTSCHE BANK NATIONAL TRUST COMPANY v. McLEOD

No. CV-14-01720-PHX-NVW.

Deutsche Bank National Trust Company, Plaintiff, v. Kenneth McLeod, et al., Defendants.

United States District Court, D. Arizona.

December 1, 2014.

Attorney(s) appearing for the Case

Deutsche Bank National Trust Company, trustee of Securitized Asset Backed Receivables LLC Trust 2007-NC2 Mortgage-Pass Through Certificates, Series 2007-NC2, Plaintiff, represented by Robert Wayne Norman, Jr. , Houser & Allison APC.

Kenneth McLeod, Husband, Defendant, represented by Beth Findsen , Law Office of Beth K Findsen PLLC.

Carol McLeod, Wife, Defendant, represented by Beth Findsen , Law Office of Beth K Findsen PLLC.

ORDER

NEIL V. WAKE, District Judge.

Deutsche Bank National Trust Company sues to foreclose a note and deed of trust on Kenneth and Carol McLeod's house. Before the Court is Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (Doc. 11). A prior state court judgment bars the relief Deutsche Bank seeks, so the Bank cannot state a claim upon which relief can be granted. Deutsche Bank refused...

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