Justia International Trade Opinion SummariesArticles Posted in Real Estate & Property Law
Giuffre v. Deutsche Bank Nat’l Trust Co.
Plaintiff alleged that he was the victim of a fraudulent scheme in which he allowed an attorney to take title to his home and strip it of its equity by granting a new mortgage. Plaintiff filed suit against the mortgagee in an effort to avoid foreclosure. A federal district court granted Defendants’ motion to dismiss for failure to state a claim that the mortgage was void. The district court denied Plaintiff’s subsequent motion to amend his complaint. The First Circuit affirmed the dismissal of Plaintiff’s complaint and the denial of his motion for leave to amend, holding (1) Plaintiff’s complaint provided no legal basis for making the bank liable for the attorney’s wrongdoing; and (2) Plaintiff failed adequately to plead facts supporting his proposed amendments to his complaint, and therefore, his new claims were also futile. View "Giuffre v. Deutsche Bank Nat’l Trust Co." on Justia Law