Sylvia Adorno, et al v. CitiMortgage, Inc., et al


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Diana E. Murphy and Lavenski R. Smith (UNPUBLISHED) [4044816] [12-2604]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2604 ___________________________ 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 lllllllllllllllllllll Plaintiffs - Appellants v. CitiMortgage, Inc.; Mortgage Electronic Registration Systems, Inc.; MERSCORP, Inc.; Federal National Mortgage Association; Peterson, Fram & Bergman, P.A. lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: May 13, 2013 Filed: June 13, 2013 [Unpublished] ____________ Before WOLLMAN, MURPHY, and SMITH, Circuit Judges. ____________ Appellate Case: 12-2604 Page: 1 Date Filed: 06/13/2013 Entry ID: 4044816 PER CURIAM. Appellants are eleven homeowners (the Homeowners) who filed suit against CitiMortgage, 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 court1 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/Servicers 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 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. -2- Appellate Case: 12-2604 Page: 2 Date Filed: 06/13/2013 Entry ID: 4044816

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