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112646P.pdf 07/12/2012 Gary Cox v. Mortgage Electronic
U.S. Court of Appeals Case No: 11-2646
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Gruender, Author, with Bright and Murphy, Circuit Judges]
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.