Cox v. Mortgage Elec. Registration Sys., Inc., No. 11-2646 (8th Cir. 2012)
Annotate this CaseHomeowners filed this lawsuit in Minnesota state court against Lender seeking legal and equitable relief from Lender's foreclosure and sale of their home. Lender removed the case to federal court and subsequently moved to dismiss the complaint for failure to state a claim, or, alternately, for summary judgment. The district court dismissed the suit, holding (1) the United States Department of the Treasury's Home Affordable Mortgage Program preempted Homeowners' state-law claims; and (2) Homeowners did not plead the claims with sufficient particularity. The Eighth Circuit Court of Appeals affirmed, holding that, in regard to the majority of Homeowners' claims, Homeowners failed to state a claim upon which relief could be granted.
Court Description: Civil case - Consumer law. Because plaintiffs have not shown why discovery is not an adequate remedy, the district court did not err in dismissing their count seeking a detailed accounting of the lender's activities with respect to their request for a forbearance or loan modification and an order seeking release of the loan file; homeowners failed to show any connections between the lenders' action and the fairness of the foreclosure sale and failed to state a claim under Minn. Stat. Sec. 580.06; plaintiffs failed to adequately plead a claim for breach of duty of good faith and fair dealing under the statute; plaintiffs failed to adequately plead a claim for misrepresentation and detrimental reliance.
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.