Michelle Baker v. Cenlar FSB

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 10, 2023
• Docket: 22-2310
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 22-2310 ___________________________

Michelle A. Baker

lllllllllllllllllllllPlaintiff - Appellant

v.

Cenlar Federal Savings Bank, Mr. Stephen W. Gozdan, Chief Financial Officer

lllllllllllllllllllllDefendant - Appellee

CitiMortgage, Inc.; Christian Bank & Trust, as Trustee for Securitized Trust CitiGroup Mortgage Loan Trust, Inc. 2015-PSI Trust, Mortgage Electronic Registration System ("MERS")

lllllllllllllllllllllDefendants ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: December 27, 2022 Filed: January 10, 2023 [Unpublished] ____________

Before GRASZ, MELLOY, and KOBES, Circuit Judges. ____________

PER CURIAM. Minnesota resident Michelle Baker appeals after the district court1 granted summary judgment in favor of Cenlar Federal Savings Bank, a mortgage servicer, in this diversity action related to a foreclosure proceeding. Upon careful de novo review, we conclude that summary judgment was proper for the reasons explained by the district court. See Erickson v. Nationstar Mortg., LLC, 31 F.4th 1044, 1047-48 (8th Cir. 2022) (standard of review; summary judgment appropriate if nonparty who has burden of persuasion at trial does not present sufficient evidence as to any element of cause of action). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable John R. Tunheim, United States District Court Judge for the District of Minnesota.

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