Deutsche Bank National Trust Company Foreclosure Defense

Deutsche Bank National Trust Company (DBNTC), not to be confused with Deutsche Bank, is located in Santa Ana, California, and is part of the custodial and trust services industry. Deutsche Bank National Trust Company has 75 total employees and contrary to what many people think, it is a legitimate company. However, that does not mean that all of its business dealings are legitimate.

DBNTC was once named Banker’s Trust, which was an actual bank that was organized and existed under the national charter. So while Deutsche Bank National Trust Company exists as a national charter, it is not a bank that collects deposits from customers or that makes loans. Instead, it is a trust management company. This is a very important distinction and can help with a foreclosure defense.

How Does DBNTC Trick Customers?

While DBNTC is a legal entity, not all actions the company takes are lawful. Deutsche Bank National Trust Company often uses its name in conjunction with a Real estate mortgage investment conduit (REMIC) which was first authorized by the Tax Reform Act of 1986. When they send foreclosure notices to homeowners, they often appear as the following:

• DBNTC as Trustee on behalf of the holders of certificate serious XYZ-2009A,
• DBNTC as Trustee for the ABC Trustee,
• DBNTC as Trustee for the certificate holders of ABC Trust serious XYZ-2009A, or
• DBNTC as Trustee for certificate series XYZ-2009A

While the names may appear different, they all mean the same thing, and that is usually that DBNTC does not have the right to foreclose on properties. If foreclosure mills simply named DBNTC alone, without including any certificates or trustees in the name, a legal entity would be named, but the legal entity would not have any authority to foreclose on a home. By including implied entities such as certificates and trustees, they are using the name of an entity that does not exist fairly or legally.

DBNTC Does Not Own the Debt

As a trustee working on behalf of another entity, DBNTC does not actually own the debt. They have not typically entered into a loan transaction and they have not paid anything in value in exchange for a debt. Florida is a judicial foreclosure state, which means lenders and other entities must file a lawsuit against a borrower before they can foreclose on a home.

Any person or company who files a lawsuit against someone else must have standing. This means they must have something to win or lose in the legal action. When a company such as DBNTC does not own the debt, they do not have anything to lose if it cannot be recovered. As such, they do not have standing and therefore, cannot file a lawsuit.

Misleading Statements

The certificates DBNTC includes in their foreclosure notices do not have any right, interest, or title to any debt. This also means that they do not have any standing to file a lawsuit. In fact, the certificates are only included to create the impression that the foreclosure is being brought on behalf of the investors who will receive the proceeds from the sale of a home after it has been foreclosed on. Those investors do not have the right to the proceeds and never receive them. It is simply a tactic DBNTC uses.

Unfortunately, homeowners do not realize this and so, they believe DBNTC is working in a legal capacity, even though they do not. It is for this reason it is always important to speak to a Fort Lauderdale foreclosure defense lawyer who can advise on whether the action being taken against you is legal.

Certificates are Not Legal Entities

It is also important to know that certificates are not legal entities and therefore, they cannot file lawsuits. As such, claiming that the action is brought by DBNTC only says that DBNTC is not acting on its own behalf, but that it is representing another entity in some capacity. However, they do not state what capacity they are acting in other than calling themselves a trustee.

DBNTC does not have any contractual right or other authority to act on behalf of certificates or even owners of certificates. They only state this in vague terms to create the misleading impression that enables DBNTC, under the Pooling and Servicing Agreement, to act on behalf of the owners of the certificates as though they were beneficiaries of the trust. Certificate owners are creditors. They are not the beneficiaries of any trust and an agreement does not exist that allows DBNTC to represent the interests of the certificate holders.

Other Defenses in Foreclosure Cases

It is true that when a lender, bank, or other financial institution does not have legal standing to file a lawsuit, that can serve as a defense in foreclosure cases. However,  this is not the only defense available. Other defenses sometimes apply as well, including short sales, deeds-in-lieu of foreclosure, bankruptcy, and others. Unfortunately, while these defenses can keep a foreclosure off of your credit record, they may not allow you to keep your home.

Fortunately, a lack of standing is the most common defense used against Deutsche Bank National Trust Company. When you can prove that DBNTC does not own your loan, or they cannot prove that they have the authority to foreclose, you can keep your home while defending the foreclosure case. There are also instances when the note or title cannot be found and so, a foreclosure case cannot be brought by anyone else, either.

Our Foreclosure Defense Lawyer in Fort Lauderdale Can Advise On Your Case

Being notified that your home is in foreclosure is always alarming, but it does not always mean that you will lose your home. At Loan Lawyers, our Fort Lauderdale foreclosure defense lawyer can prove that DBNTC does not have the standing to legally foreclose on your home so you can keep the property. Call us now at (954) 523-4357 or connect with us online to request a free consultation with one of our knowledgeable attorneys and to learn more.