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.
121398P.pdf 11/08/2012 Kevin Murphy v. Aurora Loan Services
U.S. Court of Appeals Case No: 12-1398
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and
Arnold, Circuit Judge]
Civil case - Consumer law. District court did not err in determining a
defendant was fraudulently joined or in dismissing the defendant from the
suit; doctrine of prior exclusive jurisdiction does not apply to removal
actions because the state court loses jurisdiction over a removed suit; two
of plaintiffs' quiet-title theories (that the assignments of the legal title
to the mortgages either were unrecorded or were executed by persons
lacking legal authority) do not rely on the failure of the foreclosing party
to produce the note, and the district court erred in dismissing the claims;
request that the dismissal of the remaining claims be altered to a
dismissal without prejudice rejected.