ROGERS v. BANK OF AMERICA, N.A.

No. 14-2841.

787 F.3d 937 (2015)

Irene A. ROGERS, Plaintiff-Appellant, v. BANK OF AMERICA, N.A. as successor by merger to Countrywide Home Loans, Inc., and Countrywide Home Loans Servicing, LP; Bank of New York Mellon formerly known as the Bank of New York as Trustee for the Certificateholders CWABS, Inc., Asset-backed Certificates, Series 2005-4; Bank of New York Mellon Trust Company N.A. formerly known as Bank of New York Trust Company N.A. as Co-Trustee for Certificateholders CWABS, Inc., Asset-based Certificates, 2005-4; Mortgage Electronic Registration Systems, Inc.; John and Jane Does 1-10, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 1, 2015.


Attorney(s) appearing for the Case

Michael J. Keogh , Saint Paul, MN, for Plaintiff-Appellant.

Mark Gregory Schroeder , Minneapolis, MN, Marc James Ayers , Ashley Brook Burkett , Birmingham, AL, for Defendants-Appellees.

Before WOLLMAN, BEAM, and COLLOTON, Circuit Judges.


Bank of New York Mellon, formerly known as Bank of New York, foreclosed on Irene Rogers's home on behalf of a mortgage trust. Rogers sued several parties in the district court, seeking a declaratory judgment that the foreclosure was invalid. She claimed that the assignment of her mortgage to the trust violated a Pooling...

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