ADEL A. FADILI, Plaintiff, Appellant,
DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee for LONG BEACH MORTGAGE LOAN TRUST, 2006-5, Defendant, Appellee
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE. Hon. Joseph A. DiClerico, Jr., U.S. District Judge.
Stephen T. Martin and Martin & Hipple, PLLC, on brief for appellant.
Peter G. Callaghan, Preti Flaherty Beliveau & Pachios PLLP, Robert E. Murphy, Jr., and Wadleigh, Starr & Peters, P.L.L.C., on brief for appellee.
Before Lynch, Chief Judge, Stahl and Kayatta, Circuit Judges.
STAHL, Circuit Judge.
Plaintiff Adel Fadili seeks to halt foreclosure proceedings on a vacant lot on the shores of Lake Winnipesaukee, claiming that he holds title to the property. Defendant Deutsche Bank asserts that Adel's daughter held title to the property, at least until she defaulted on her mortgage payments to the bank. On cross-motions for summary judgment, the district court ruled in the bank's favor. We affirm.
I. Facts & Background
By 1984, Adel Fadili, a Massachusetts resident, owned two non-contiguous lots in Alton, New Hampshire. One property, located at 132 Roger Street, fronts Lake Winnipesaukee and has various improvements, including a house (the " House Lot" ). The other property is located further down Roger Street, but does not have a street address or any improvements (the " Vacant Lot" ). Both lots are bisected by Roger Street, which used to be known as Mount Major Park Road.
In December of 2001, Adel entered into a purchase and sale agreement with his son, Amir, to sell property " located at Mount Major Road." While father and son intended to convey the House Lot, both the warranty deed and Amir's mortgage contained a legal description of the Vacant Lot. The warranty deed did not include a street address. Although there are no
buildings on the Vacant Lot, the deed's description of the land references " [a] tract of land . . . with the buildings thereon," before reciting the metes and bounds of the Vacant Lot.
In 2000, the town of Alton recorded a lien on the Vacant Lot for unpaid taxes. In October 2002, because the taxes still had not been paid, a tax collector conveyed the Vacant Lot to the town by tax collector's deed. In July 2005, Adel's mortgagee paid off the tax debt, and on August 3, 2005, the town reconveyed the Vacant Lot to Adel by quitclaim deed.
On January 20, 2006, Amir entered into a purchase and sale agreement to convey " land and building situated at 132 Rogers Road, Alton, NH" to his sister, Alia (daughter of Adel). Though the agreement referenced the House Lot's address, it referred to the deed from Adel to Amir for the property description. As stated above, that deed described the Vacant Lot, and not the House Lot. Alia's mortgage agreement with Long Beach Mortgage Company, dated April 27, 2006, stated that the property securing the loan was located at 132 Rogers Road, the House Lot's street address, but included a legal description of the Vacant Lot. The warranty deed from Amir to Alia recites the same legal description of ...