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WELK v. GMAC MORTG., LLC

No. 12-3141.

720 F.3d 736 (2013)

Heather L. WELK; Susie B. Jones; William Bigelow; Christine Heinzman; Mark Heinzman; Sigmond Singramdoo; Troy Forte; Lynn M. Forte; David J. Roster; Charity Roster; Patrick Rucci; Gary G. Klingner; Rebecca A. Albers; Ian Patterson; James Willis Konobeck, Jr.; Alison Konobeck; Amy B. Tibke; Dane A. Tibke; Tracy J. Miklas; Michelle L. Miklas, Plaintiffs-Appellants, v. GMAC MORTGAGE, LLC, Defendant, Ally Financial, Inc.; Mortgage Electronic Registration Systems, Inc.; MERSCORP, Inc.; U.S. Bank, N.A.; Deutsche Bank Trust Company Americas; Shapiro & Zielke, LLP; U.S. Bank National Association ND; Deutsche Bank National Trust Company; Bank of New York Mellon, f/k/a Bank of New York, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 15, 2013.

Attorney(s) appearing for the Case

William Bernard Butler on the brief, Minneapolis, MN, for appellant.

Fredrick S. Levin , of Detroit, MI, Charles F. Webber , of Minneapolis, MN, William P. Wassweiler , of Minneapolis, MN, Brian L. Vander Pol , of Minneapolis, MN, Kalli Lynn Ostlie , of Burnsville, MN, Kirstin Dawn Kanski , of Minneapolis, MN, Dawn Williams of Chicago, IL, on the brief, for appellee.

Before MURPHY, SHEPHERD, and KELLY, Circuit Judges.

MURPHY, Circuit Judge.

Several Minnesota homeowners represented by attorney William B. Butler brought a quiet title suit in state court, alleging that their home mortgages were invalid because the companies that held them did not possess the original promissory notes. The plaintiffs brought thirteen separate claims, nearly all of which rested on this "show me the note" theory. The defendants removed the case to federal court and moved to dismiss. The district court...

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