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Joe Bailey v. Deutsche Bank Trust Co., 15-2137 (2016)

Court: Court of Appeals for the Eighth Circuit Number: 15-2137 Visitors: 35
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
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               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                                [Unpublished]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-

Source:  CourtListener

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