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8th Circuit 4.20.16 Dkt 15-1527 Brown v. Greentree Servicing LLC

Homeowner has no standing to challenge invalid assignment between creditors - CT followed Quale v. Aurora (no injury)

April 22, 2016

Plaintiffs filed suit against Green Tree to prevent it from foreclosing on plaintiffs' home. Plaintiffs alleged that Green Tree lacked authority to foreclose. The district court granted Green Tree's motion to dismiss based on plaintiffs' lack of standing to challenge the assignment between creditors and concluded that plaintiffs' notice claim failed to state a plausible claim for relief under Ashcroft v. Iqbal.

The court concluded that plaintiffs' invalid assignment claim is nearly identical to the claim in Quale v. Aurora Loan Services, LLC, where the court determined the homeowners did not have standing to raise such a claim because they “were not injured by the assignment” and any harm to the homeowners was not fairly traceable to the allegedly invalid assignment.

The court also rejected plaintiffs' contention that the district court erred in dismissing their amended complaint where plaintiffs failed to state a facially plausible claim for relief. Accordingly, the court affirmed the judgment.



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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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