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MURPHY v. AURORA LOAN SERVICES, LLC

No. 12-1398.

699 F.3d 1027 (2012)

Kevin M. MURPHY and Kathleen K. Murphy, James L. Lang, Charlene Ann Brady, Erika R. Hogenson, Harold J. Thompson, III, Julianne Thompson, Miriam E. Stone, Jeffrey A. Kirschbaum, Tou A. Vang and May K. Vang, Plaintiffs-Appellants v. AURORA LOAN SERVICES, LLC, Aurora Bank FSB, Mortgage Electronic Registration Systems, Inc., Merscorp, Inc., and Wilford & Geske, P.A., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 8, 2012.

As Corrected November 28, 2012.

Attorney(s) appearing for the Case

James L. Gunn , Woodbury, MN, for appellants Kevin M. Murphy and Kathleen K. Murphy.

William Bernard Butler , Minneapolis, MN, for appellants James L. Lang, Charlene Ann Brady, Erika R. Hogenson, Harold J. Thompson, III, Julianne Thompson, Mirriam E. Stone, Jeffrey A. Kirschbaum, Tou A. Tang, and May K. Vang.

J. Matthew Goodin , Hugh S. Balsam , Julie C. Webb , Chicago, IL, for appellees Aurora Loan Services, LLC, Aurora Bank FSB, Mortgage Electronic Registration Systems, Inc., and MERSCORP, Inc.

Eric D. Cook , Michael R. Sauer , Woodbury, MN, for appellees Aurora Loan Services, LLC, Aurora Bank FSB, Mortgage Electronic Registration Systems, Inc., MERSCORP, Inc., and Wilford & Geske, P.A.

Before RILEY, Chief Judge, ARNOLD and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

The plaintiffs are all Minnesota homeowners ("Homeowners") who borrowed money for the purpose of purchasing a home. Each signed a promissory note, promising to repay the loan. As security for the promise they executed a mortgage on which Mortgage Electronic Registration Systems, Inc. ("MERS")1 was the nominal mortgagee. The various lenders holding the Homeowners' promissory notes then pooled, securitized, and sold...

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