Badrawi v. Wells Fargo Home Mortgage, No. 12-2656 (8th Cir. 2013)
Annotate this CasePlaintiff filed suit against Wells Fargo, alleging that Wells Fargo violated Minn. Stat. 580.032, subd. 3 by failing to record a notice of pendency of foreclosure before publishing the foreclosure notice. The court affirmed the district court's grant of Wells Fargo's motion to dismiss, concluding that the statute did not provide plaintiff with relief in this case because there was no dispute that Wells Fargo properly served plaintiff with notice in compliance with Minn. Stat. 580.03 and, since she received personal service of the foreclosure notice, she could not have been among those for whose benefit the separate notice requirement of Minn. Stat. 580.032, subd. 3 was enacted.
Court Description: Civil Case - diversity - foreclosure. District court did not err in dismissing claim that Wells Fargo failed to comply with Minn. Stat. sec. 580.032, subd.3 by publishing the foreclosure notice on the same day it recorded the notice, as Badrawi was not prejudiced by the noncompliance with the statute because she received actual notice of the foreclosure notice. Judge Smith dissents.
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