Legal Opinion
Welk v. GMAC Mortgage, LLC
District Court, D. Minnesota
Decided March 29, 2012No. Case No. 11-CV-2676 (PJS/JJK)PublishedCited by 22 opinions
1Opinion of the Court
ORDER
PATRICK J. SCHILTZ, District Judge.
In recent years, the federal courts have been inundated with lawsuits brought by homeowners challenging the foreclosures of the mortgages on their homes. Some of these lawsuits are meritorious, but many are not, and quite a few are frivolous. The most common type of frivolous lawsuit is premised on what judges often refer to as the “show-me-the-note” theory.
In every mortgage transaction, the borrower signs both a note (in which she promises to repay the loan) and a mortgage (in which she pledges her home as security for her promise to repay the loan).…
2Cases cited48 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- Strawbridge v. CurtissSupreme Court of the United States · 1806
43 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- William B. Butler v. Bank of America, N.A.Court of Appeals for the Eighth Circuit · 2012
- Edgarline Dunbar v. Wells Fargo Bank, N.A.Court of Appeals for the Eighth Circuit · 2013
- Zimmerschied v. JP Morgan Chase Bank, N.A.District Court, D. Minnesota · 2014
- Rickmyer v. BrowneDistrict Court, D. Minnesota · 2014
- Dunbar v. Wells Fargo Bank, N.A.District Court, D. Minnesota · 2012
17 more not listed; retrieve them via the Exa API.