Summary
granting summary judgment for defendants where foreclosure notice was sent by the servicer but “clearly identified the creditor and the loan servicer and was in no way misleading”
Summary of this case from Stubbs v. Bank of AmericaOpinion
No. 11-11762 D.C. Docket No. 1:09-cv-03375-WCO
11-08-2011
CALLIE SMITH, Plaintiff-Appellant, v. SAXON MORTGAGE, DEUTSCHE BANK NATIONAL TRUST COMPANY, Defendants-Appellees.
[DO NOT PUBLISH]
Non-Argument Calendar
Appeal from the United States District Court
for the Northern District of Georgia
Before TJOFLAT, CARNES, and BLACK, Circuit Judges. PER CURIAM:
Callie Smith appeals the district court's grant of summary judgment in favor of Saxon Mortgage Services, Inc. and Deutsche Bank National Trust Company. Smith argues the district court erred by (1) finding the Security Deed granted Mortgage Electronic Registration Systems, Inc. (MERS) the power of sale and the authority to assign the security deed, and (2) concluding the notice of foreclosure sent to Smith by Saxon complied with the requirements of O.C.G.A. § 44-14-162.2. We have thoroughly reviewed the record and the briefs in this case and find no merit to any of Smith's issues on appeal. We affirm for the reasons set forth in the magistrate judge's Report and Recommendation dated February 9, 2011, and the district court's order dated March 16, 2011.
AFFIRMED.