Anderson v. Bank of the West, No. 20-3086 (8th Cir. 2022)
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Plaintiff filed suit against the Bank of the West in state court, seeking to set aside the trustee's sale of his property. After the claim was dismissed, plaintiff filed an amended complaint adding U.S. Bank as a defendant. The case was removed to federal district court where it was ultimately dismissed.
The Eighth Circuit affirmed the district court's dismissal orders, concluding that the federal law violations as alleged in the second amended complaint all occurred prior to the institution and maintenance of any foreclosure activity. Therefore, they were not defects in the trustee's sale under Nebraska law. The court also concluded that the district court did not abuse its discretion in denying defendant's motion for leave to file a third amended complaint where the motion was procedurally defaulted and granting leave would be futile.
Court Description: [Loken, Author, with Smith, Chief Judge, and Wollman, Circuit Judge] Civil case. The federal law violations plaintiff asserts occurred prior to the institution and maintenance of the foreclosure sale and were not defects in the trustee's sale within the meaning of Nebraska law, and the district court did not err in dismissing the complaint; nor did the court err in denying plaintiff's motion to file a third amended complaint.
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