In a landmark decision by the Kentucky Court of Appeals handed down today in the case AUGENSTEIN v. Deutsche Bank, the Court overturned a judicial order of foreclosure in favor of Duetsche Bank and ordered the case dismissed due to the plaintiff's lack of standing.
Pro se litigant Glenn AUGENSTEIN defeated Deutsche Bank, as trustee of the Soundview Home Loan Trust 2005-OPT4, which had obtained a summary judgment before the Henry County Circuit Court in June 2008.
This is the first appellate decision in Kentucky to dismiss a mortgage foreclosure case due to lack of standing.
Glenn AUGENSTEIN represented himself both before the Henry Circuit Court and on appeal. Deutsche Bank was represented by Ohio foreclosure mill law firm Lerner, Sampson & Rothfuss. Deutsche Bank did not file an Appellee's Brief in this case.
The decision was released this morning by the Kentucky Court of Appeals and is posted on Scribd as well as the Court's web site:
AUGENSTEIN v. Deutsche Bank, No. 2009-CA-000058-MR, February 18, 2011 [unpublished]
Regrettably, the case is marked "Not For Publication".
Still, the case is an excellent read and while not binding authority in other jurisdictions, can be cited as instructive in other cases.