Litterer v. Rushmore Loan Management Services, LLC, No. 16-3060 (8th Cir. 2018)
Annotate this Case
Plaintiffs filed suit against their loan servicer, Rushmore, in state court for breach of contract, unjust enrichment, and injunctive relief. After removal to federal court, plaintiffs amended their complaint to add a claim that Rushmore violated the Minnesota statutory requirements for handling foreclosures pursuant to Minn. Stat. 582.043, and added U.S. Bank as a party.
The Minnesota Supreme court answered a certified question and held that the lis pendens deadline contained in section 582.043, subd. 7(b) cannot be extended upon a showing of excusable neglect pursuant to Minn. R. Civ. P. 6.02. The Eighth Circuit held that the Minnesota Supreme Court's decision resolved this appeal, because plaintiffs failed to file the lis pendens within their redemption period as required by section 582.043, subd. 7(b). Accordingly, the court affirmed the district court's grant of summary judgment for defendants.
Court Description: Colloton, Author, with Wollman and Shepherd, Circuit Judges] Civil case - Foreclosures. On certification from this court, the Minnesota Supreme court held that the lis pendens deadline contained in Minn. Stat. Sec. 582.043, subd. 7(b) cannot be extended upon a showing of excusable neglect pursuant to Minn. R. Civ. P. 6.02; as the plaintiff failed to file the lis pendens within the redemption period as required by the statute, subdivision 7(b) required the district court court to apply the conclusive presumption that Rushmore complied with requirements of the statute; the district court correctly determined as a matter of law, that the plaintiffs were not entitled to relief on their claim under the statute.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.