Kenath Richard Stein v. Chase Home Finance, LLC; National City Bank

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Submitted: October 20, 2011

Before BYE, SMITH, and COLLOTON, Circuit Judges.

Kenath Stein brought this lawsuit in state court challenging the validity of both the foreclosure of his home by Chase Home Finance, LLC (Chase), and the redemption of his home by a junior lienholder, National City Bank (National). After Chase and National jointly removed the case to federal court, the district court*fn1 granted their respective motions for summary judgment concluding the foreclosure and redemption were both valid. Stein appeals contending Minnesota law required Chase to hold both the mortgage and the promissory note at the time of the foreclosure, and genuine issues of material fact remain as to whether Chase held the note. Stein further contends National’s redemption was invalid because the foreclosure itself was invalid.

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