DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171067P.pdf 07/05/2018 Scott H. Lansing v. Wells Fargo Bank, N.A.
U.S. Court of Appeals Case No: 17-1067
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Murphy,
Circuit Judge]
Civil case - Foreclosure. This opinion is being issued by Chief Judge
Smith and Judge Colloton under 8th Cir. R. 47E following Judge Murphy's
death. Plaintiff's claim that the defendant violated Minn. Stat. Sec.
582.043 when it continued foreclosure proceedings after plaintiff had
submitted an application for a loan modification was barred by res
judicata, as he was not prevented from bringing the claim during 2013
foreclosure litigation and he had an opportunity to litigate the claim
fairly and fully if he had timely raised it; the district court did not
err in granting the defendant summary judgment on its claim that plaintiff
had breached the parties' settlement agreement; no abuse of discretion in
denying, on futility grounds, plaintiff's motion to amend his complaint.