Marvin Harlan v. The Bank of New York Mellon
Opinion
In this diversity action, Marvin and Carol Harlan sought declaratory relief from a home mortgage, and the Bank of New York Mellon (BONY) brought a counterclaim for judicial foreclosure. The Harlans appeal after .the district court 1 granted BONY’s motions for judgment on the pleadings and for summary judgment, and entered a final judgment and decree of foreclosure. After careful de novo review, we conclude that the Harlans’ arguments on appeal do not warrant reversal. See Saterdalen v. Spencer, 725 F.3d 838, 840 (8th Cir. 2013) (grant of judgment on pleadings is reviewed de novo); Linn Farms and Timber Ltd. P’ship v. Union Pac. R.R. Co., 661 F.3d 354, 357 (8th Cir. 2011) (grant of summary judgment is reviewed de novo). Accordingly, we affirm. See 8th Cir. R. 47B.
. The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.
Reference
- Full Case Name
- Marvin A. HARLAN; Carol G. Harlan, Plaintiffs-Appellants, v. the BANK OF NEW YORK MELLON, Formerly Known as the Bank of New York, as Trustee for the Certificate Holders CWALT, Inc., Alternative Loan Trust 2006-30T1, Mortgage Pass-Through Certificates, Series 2006-30T1, Defendant-Appellee
- Status
- Unpublished