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JOHNSON v. WELLS FARGO BANK, N.A.

No. 13-1005.

744 F.3d 539 (2014)

Michael H. JOHNSON, Jr., Plaintiff-Appellant v. WELLS FARGO BANK, N.A., as trustee for the Holders of the SASCO 2007 MLN1 Trust Fund, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 25, 2014.

Attorney(s) appearing for the Case

Moshe Mortner , argued, New York, NY, Paul J. Bosman , on the brief, Minneapolis, MN, for Appellant.

Jared Matthew Goerlitz , argued, Saint Paul, MN, for Appellee.

Before RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.

KELLY, Circuit Judge.

Michael Johnson is a homeowner attempting to save his home from foreclosure. Johnson alleges that the mortgage trust that claims to hold his mortgage was not validly assigned the mortgage, and therefore, his mortgage may not be foreclosed by the trust. Wells Fargo, acting as trustee for the mortgage trust, moved for summary judgment. The district court1 granted summary judgment in favor of Wells Fargo, finding the...

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