Burley v. Deutsche Bank Trust Company Americas, As Trustee for Residential Accredit Loans, Inc.

IN THE SUPREME COURT OF THE STATE OF DELAWARE

TIMOTHY BURLEY, §
§ No. 400, 2024
Defendant Below, §
Appellant, § Court Below—Court of Chancery
§ of the State of Delaware
v. §
§ C.A. No. 2017-0912
DEUTSCHE BANK NATIONAL §
TRUST COMPANY AMERICAS, §
AS TRUSTEE FOR §
RESIDENTIAL ACCREDIT §
LOANS, INC., MORTGAGE §
ASSET BACKED PASS- §
THROUGH CERTIFICATES, §
SERIES 007-QS6, §
§
Plaintiff Below, §
Appellee. §

Submitted: March 28, 2025
Decided: May 8, 2025

Before TRAYNOR, LEGROW, and GRIFFITHS, Justices.

ORDER

After consideration of the parties’ briefs and the record below, the Court

concludes that the Court of Chancery’s judgment should be affirmed on the basis of

(i) the Magistrate’s February 29, 2024 order, deemed a final report under Court of

Chancery Rule 143, finding that the plaintiff was entitled to summary judgment even

if the defendant’s untimely response was considered; (ii) the Vice Chancellor’s

September 12, 2024 bench ruling denying the defendant’s exceptions to the final
report and accepting the Magistrate’s finding that the plaintiff was entitled to

summary judgment even if the defendant’s untimely response was considered, and

(iii) the Vice Chancellor’s September 13, 2024 order implementing the bench ruling.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Court of

Chancery is AFFIRMED.

BY THE COURT:

/s/ Abigail M. LeGrow
Justice

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