Hallquist, et al v. United Home Loan, et al, No. 12-3281 (8th Cir. 2013)
Annotate this CaseAfter plaintiffs' house was sold at a non-judicial foreclosure sale, they sued the lender, the holder of the Deed of Trust at the time of the sale, and the successor trustee. The district court granted defendants' motion to dismiss. The court affirmed, concluding that plaintiffs lacked standing to challenge the Fannie Mae designation; the foreclosure sale's procedures complied with Missouri law; the district court properly ruled that plaintiffs' challenged to activities after the foreclosure sale lacked standing; the district court did not err in dismissing plaintiffs' breach-of-fiduciary-duty claim; and the district court did not err in deciding that plaintiffs had failed to plead facts that proved a duty to investigate the transaction on the part of the fiduciary trustee.
Court Description: Civil case - Mortgages. Plaintiffs lacked standing to challenge property purchaser's failure to record assignment of title to Fannie Mae as plaintiffs had been divested of title and the failure to record was of no consequence to them; challenge to foreclosure-sale procedures rejected as the procedures complied with Missouri law; breach-of-fiduciary duties claim was properly rejected.
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