DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112653P.pdf 08/27/2012 William B. Butler v. Bank of America, N.A.
U.S. Court of Appeals Case No: 11-2653
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Melloy, Circuit Judge]
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).