Butler, et al. v. Bank of America, N.A., et al., No. 11-2653 (8th Cir. 2012)
Annotate this CasePlaintiffs brought this suit in Minnesota state court challenging the foreclosure of the mortgage of their home. The Bank defendants removed the case to federal court and filed a motion to dismiss under Rule 12(b)(6), as did the PFB defendants. The district court granted the motions to dismiss and plaintiffs appealed. The court held that the lack of any factual allegations regarding PFB rendered plaintiffs' complaint deficient and the district court did not err in dismissing it for failure to state a claim. The court also held that the district court properly dismissed plaintiffs' claims against the Bank, finding no merit in plaintiffs' claims.
Court Description: Civil case - Consumer law. In this "show-me-the-note"action, the district court did not err in dismissing the action against a law firm as the complaint failed to state a claim; with respect to the bank defendants, the district court correctly characterized plaintiff's 16 causes of action as an attempt to invalidate the foreclosure of plaintiffs' mortgage on the flawed theory that the mortgage and foreclosure are invalid because the entity holding the mortgage did not also hold the note, and the court did not err in dismissing the action as such a theory is foreclosed by the plain language of Minnesota's foreclosure-by-advertisement statute, a Minnesota Supreme Court decision and this court's decision in Stein v. Chase Home Finance, LLC, 662 F.3d 976 (8th Cir. 2011).
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