Sylvia Adorno v. CitiMortgage, Inc.

U.S. Court of Appeals for the Eighth Circuit
Sylvia Adorno v. CitiMortgage, Inc., 509 F. App'x 563 (8th Cir. 2013)

Sylvia Adorno v. CitiMortgage, Inc.

Opinion

PER CURIAM.

Appellants are eleven homeowners (the Homeowners) who filed suit against Citi-Mortgage, Inc.; Mortgage Electronic Registration Systems, Inc.; MERSCORP, Inc.; and Federal National Mortgage Association (the Lenders/Servicers) for unlawfully foreclosing or attempting to foreclose on their home mortgages. The Homeowners also filed suit against Peterson, Fram & Bergman, P.A. (the Law Firm), which they claim assisted with some of the foreclosures. The district court 1 dismissed the Homeowners’ complaint under Federal Rules of Civil Procedure 8 and 12(b)(6). We affirm.

The Homeowners’ amended complaint asserted four claims against the Lenders/Servicers, one of which was also asserted against the Law Firm. On appeal, the Homeowners have abandoned all but their quiet title claim against the Lenders/Servi-cers under Minnesota Statute section 559.01. The district court dismissed the quiet title claim, concluding that it failed to satisfy the Rule 8 pleading standard. See D. Ct. Order of June 25, 2012, at 4-5. Notwithstanding this failure, the district court also concluded that it failed to state a claim upon which relief could be granted because it was based on the discredited show-me-the-note theory. See id. at 6-7. The Homeowners’ quiet title claim is identical to the claim we recently rejected in Karnatcheva v. JPMorgan Chase Bank, N.A., 704 F.3d 545, 547-48 (8th Cir. 2013). Because the Homeowners have done nothing to distinguish this claim from the one *564 found lacking in Karnatcheva, we affirm the district court’s dismissal.

The judgment is affirmed.

1

. The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota.

Reference

Full Case Name
Sylvia ADORNO; Todd Eberhardy; Lloyd C. Loftus; Karen L. Loftus; Chad J. Gibeau; Mindy Ann Holzer; Robert E. Knutsen; Patricia C. Knutsen; Steven J. Miller; Elainne M. McMahon-Miller; Mark L. Lutsey, Plaintiffs-Appellants v. CITIMORTGAGE, INC.; Mortgage Electronic Registration Systems, Inc.; MERSCORP, Inc.; Federal National Mortgage Association; Peterson, Fram & Bergman, P.A., Defendants-Appellees
Cited By
1 case
Status
Unpublished