Thomas v. U.S. Bank NA ND
| Decision Date | 18 June 2015 |
| Docket Number | No. 14–2265.,14–2265. |
| Parties | Deanthony THOMAS; Susan Jelinek–Thomas; Steven M. Rich; George Bennett; Daniel Emily; Sandra Emily ; Mark Fisher; Rachelle Hamrick; Thomas Kartman; Maritza Kartman; Michael Lorge; Yolanda Lorge; Alan Parks; Jackie Parks; John Rumans; Jeanne Rumans; Jason Thrasher; Janet Thrasher; Donn A. Wright; Theresa Klein–Wright, Plaintiffs–Appellants v. US BANK NA ND, Defendant U.S. Bank National Association; Ace Securities Corp. Home Loan Trust 1999–A; Associates First Capital Corporation, doing business as The Associates; Challenge Realty; Community West Bank, Defendants–Appellees FirstPlus Home Loan Owner Trust, 1996–2; FirstPlus Home Loan Owner Trust 1996–3 ; FirstPlus Home Loan Owner Trust 1996–4; FirstPlus Home Loan Owner Trust 1997–1; FirstPlus Home Loan Owner Trust 1997–2 ; FirstPlus Home Loan Owner Trust 1997–3 ; FirstPlus Home Loan Owner Trust 1997–4 ; FirstPlus Home Loan Owner Trust, 1998–1; FirstPlus Home Loan Owner Trust 1998–2 ; FirstPlus Home Loan Owner Trust 1998–3 ; FirstPlus Home Loan Owner Trust 1998–4 ; FirstPlus Home Loan Owner Trust 1998–5, Defendants Franklin Credit Management Corp.; German American Capital Corporation; JPMorgan Chase Bank, NA, Defendants–Appellees Banc One Financial Services, Inc., Defendant PSB Lending Corporation; Santander Bank, N.A., formerly known as Sovereign Bank; UBS Real Estate Securities Inc., Inc.; Wells Fargo Bank, N.A.; Wilmington Trust Company; Does, 1 through 100, Defendants–Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
789 F.3d 900 (Mem)
Deanthony THOMAS; Susan Jelinek–Thomas; Steven M. Rich; George Bennett; Daniel Emily; Sandra Emily ; Mark Fisher; Rachelle Hamrick; Thomas Kartman; Maritza Kartman; Michael Lorge; Yolanda Lorge; Alan Parks; Jackie Parks; John Rumans; Jeanne Rumans; Jason Thrasher; Janet Thrasher; Donn A. Wright; Theresa Klein–Wright, Plaintiffs–Appellants
v.
US BANK NA ND, Defendant
U.S. Bank National Association; Ace Securities Corp. Home Loan Trust 1999–A; Associates First Capital Corporation, doing business as The Associates; Challenge Realty; Community West Bank, Defendants–Appellees
FirstPlus Home Loan Owner Trust, 1996–2; FirstPlus Home Loan Owner Trust 1996–3 ; FirstPlus Home Loan Owner Trust 1996–4; FirstPlus Home Loan Owner Trust 1997–1; FirstPlus Home Loan Owner Trust 1997–2 ; FirstPlus Home Loan Owner Trust 1997–3 ; FirstPlus Home Loan Owner Trust 1997–4 ; FirstPlus Home Loan Owner Trust, 1998–1; FirstPlus Home Loan Owner Trust 1998–2 ; FirstPlus Home Loan Owner Trust 1998–3 ; FirstPlus Home Loan Owner Trust 1998–4 ; FirstPlus Home Loan Owner Trust 1998–5, Defendants
Franklin Credit Management Corp.; German American Capital Corporation; JPMorgan Chase Bank, NA, Defendants–Appellees
Banc One Financial Services, Inc., Defendant
PSB Lending Corporation; Santander Bank, N.A., formerly known as Sovereign Bank; UBS Real Estate Securities Inc., Inc.; Wells Fargo Bank, N.A.; Wilmington Trust Company; Does, 1 through 100, Defendants–Appellees.
No. 14–2265.
United States Court of Appeals, Eighth Circuit.
Submitted: March 10, 2015.
Filed: June 18, 2015.
Kip D. Richards, Walters Bender Strohbehn & Vaughn, P.C., Kansas City, MO, argued, (R. Frederick Walters, David M. Skeens, J. Michael Vaughan, on the brief), for appellants.
Maurice Min–Ho Suh, Gibson, Dunn & Crutcher LLP, Los Angeles, CA, argued (Leslie A. Greathouse, J. Loyd Gattis, Spencer Fane Britt & Browne LLP, Kansas City, MO, on the brief), for appellee German American Capital Corp.
Roy W. Arnold, Reed Smith LLP, Pittsburgh, PA, argued (Anthony S. Newman, Reed Smith LLP, Pittsburgh, PA, Randolph G. Willis, Rasmussen, Willis, Dickey & Moore, LLP, Kansas City, MO, on the brief), for appellee Santander Bank, N.A.
Daniel L. McClain, The McClain Law Firm, Kansas City, MO, for appellees PSB Lending Corp., JPMorgan Chase Bank, and UBS Real Estate Securities Inc.
David J. Stagman, Katten Muchin Rosenman LLP, Chicago, IL, for appellee UBS Real Estate Securities Inc.
Mark A. Olthoff, Polsinelli PC, Kansas City, MO, for appellee Community West Bank.
W. David Wells, Maria G. Zschoche, Brian A. Lamping, Thompson Coburn LLP, St. Louis, MO, for appellee Wells Fargo Bank, N.A.
Andrew R. Kasnetz, Timothy C. Sansone, Natalie J. Kussart, Sandberg Phoenis & von Gontard P.C., St. Louis, MO, for appellee Franklin Credit Management Corp.
Peter W. Carter, Paul R. Dieseth, Dorsey & Whitney LLP, Minneapolis, MN, Mark A. Olthoff, Polsinelli PC, Kansas City, MO, for appellees U.S. Bank National Assn., and Wilmington Trust Co.
Leslie A. Greathouse, J. Loyd Gattis, Spencer Fane Britt & Browne LLP, Kansas City, MO, for appellee Ace Securities Corp. Home Loan Trust 1999–A.
Louis F. Bonacorsi, Bryan Cave LLP, St. Louis, MO, Jennifer A. Donnelli, Bryan Cave LLP, Kansas City, MO, for appellee Associates First Capital Corp.
Before MURPHY and SHEPHERD, Circuit Judges, and BROOKS,1 District Judge.
Opinion
SHEPHERD, Circuit Judge.
This putative class action was filed by Missouri borrowers who granted second mortgages on their homes through FirstPlus Bank, a now-defunct California company. The borrowers claim that they represent an estimated 1,600 Missouri homeowners who obtained second mortgage loans...
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