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Alison Brisbin v. Aurora Loan Services, LLC; Mortgage

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Submitted: February 15, 2012

Before GRUENDER, BENTON, and SHEPHERD, Circuit Judges.

Alison Brisbin filed this lawsuit in Minnesota state court against Aurora Loan Services, LLC; Mortgage Electronic Registration Systems, Inc.; and Federal Home Loan Mortgage Corporation (collectively “lender”), seeking legal and equitable relief from the lender’s foreclosure and sale of her home. She alleged three legal theories for invalidation of the foreclosure sale (respectively Counts I through III): failure to comply with the notice requirements of the Minnesota foreclosure-by-advertisement statute, promissory estoppel, and breach of the lender’s United States Department of the Treasury Home Affordable Modification Program (“HAMP”) Participation Agreement, which Brisbin alleged was intended to benefit her as a third-party beneficiary. She also alleged two legal theories for the recovery of damages resulting from the foreclosure sale (respectively Counts IV and V): negligent misrepresentation and intentional misrepresentation. The lender removed the case to federal court and subsequently moved for summary judgment on all Counts. The district court*fn1 granted the motion, and Brisbin appeals. We affirm.

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