Filed: Feb. 02, 2016
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-2137 _ Joe L. Bailey lllllllllllllllllllll Plaintiff - Appellant v. Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Assets-Backed Pass- Through Certificates, Series 2007-QS3 aka RALI Series 2007-QSE Trust; Wells Fargo Bank, N.A. successor by merger to Wachovia Mortgage Corporation lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western Dis
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-2137 _ Joe L. Bailey lllllllllllllllllllll Plaintiff - Appellant v. Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Assets-Backed Pass- Through Certificates, Series 2007-QS3 aka RALI Series 2007-QSE Trust; Wells Fargo Bank, N.A. successor by merger to Wachovia Mortgage Corporation lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western Dist..
More
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-2137
___________________________
Joe L. Bailey
lllllllllllllllllllll Plaintiff - Appellant
v.
Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit
Loans, Inc., Mortgage Assets-Backed Pass- Through Certificates, Series
2007-QS3 aka RALI Series 2007-QSE Trust; Wells Fargo Bank, N.A. successor
by merger to Wachovia Mortgage Corporation
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: January 19, 2016
Filed: February 2, 2016
[Unpublished]
____________
Before SMITH, BOWMAN, and KELLY, Circuit Judges.
____________
PER CURIAM.
In this action challenging the non-judicial foreclosure sale of his Missouri
residence, Joe Bailey appeals after the district court1 granted a Fed. R. Civ. P.
12(b)(6) motion to dismiss his complaint. Upon careful de novo review, see Levy v.
Ohl,
477 F.3d 988, 991 (8th Cir. 2007) (standard of review), we conclude that the
complaint was properly dismissed, as nothing in Bailey’s complaint indicated that the
challenged conduct was carried out by a party that was not the lawful holder of his
promissory note. See Lackey v. Wells Fargo Bank, N.A.,
747 F.3d 1033, 1037-38
(8th Cir. 2014) (discussing rights and powers of holder of promissory note under
Missouri law); see also Fullington v. Pfizer, Inc.,
720 F.3d 739, 747 (8th Cir. 2013)
(appellate court may affirm on any basis supported by record).
Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________
1
The Honorable Ortrie D. Smith, United States District Judge for the Western
District of Missouri.
-2-