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

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Diana E. Murphy and Lavenski R. Smith (UNPUBLISHED) [4044816] [12-2604]

United States Court of Appeals
For the Eighth Circuit
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No. 12-2604
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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
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: May 13, 2013
Filed: June 13, 2013
[Unpublished]
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Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.
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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.
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1

The Honorable Donovan W. Frank, United States District Judge for the
District of Minnesota.
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Appellate Case: 12-2604

Page: 2

Date Filed: 06/13/2013 Entry ID: 4044816