COX v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

No. 11-2646.

685 F.3d 663 (2012)

Gary COX; Jill Cox, Appellants, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; Aurora Loan Services, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 12, 2012.


Attorney(s) appearing for the Case

Christopher Parrington , argued, Patrick Boyle , on the brief, Minneapolis, MN, for appellants.

Michael R. Sauer , argued, Eric D. Cook , Christina M. Weber , on the brief, Woodbury, MN, for appellees.

Before MURPHY, BRIGHT, and GRUENDER, Circuit Judges.


GRUENDER, Circuit Judge.

Gary and Jill Cox ("homeowners") filed this lawsuit in Minnesota state court against Mortgage Electronic Registration Systems, Inc. and Aurora Loan Services, Inc. (collectively "lender") seeking legal and equitable relief from the lender's foreclosure and sale of their home. The lender removed the case to federal court, invoking jurisdiction under 28 U.S.C. § 1332, and subsequently moved to dismiss the complaint for failure to state a...

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