The Estate and Trust of Mary Idella Durand Plaintiff v. BANK OF AMERICA CWMBS CHL 2007 20 2007 20 (2019)

United States Court of Appeals, Eighth Circuit.

Scott DURAND Plaintiff - Appellant The Estate and Trust of Mary Idella Durand Plaintiff v. BANK OF AMERICA; The Bank of New York Mellon, as trustee for the Certificateholders of CWMBS, Inc. CHL Mortgage Pass-Through Trust 2007-20, Mortgage Pass-Through Certificates Series 2007-20, formerly known as The Bank of New York; Countrywide Home Loans; Residential Credit Solutions, Inc. Defendants - Appellees

No. 17-2467

Decided: April 30, 2019

Before ERICKSON, BOWMAN, and GRASZ, Circuit Judges.

Scott Durand, Pro Se Keith S. Anderson, Bradley & Arant, Birmingham, AL, Edmund Scott Sauer, Bradley & Arant, Nashville, TN, Mark Gregory Schroeder, Briggs & Morgan, Minneapolis, MN, for Defendant-Appellee Bank of America Samuel Ross Coleman, The Academy Law Group, Saint Paul, MN, Jared Matthew Goerlitz, Goerlitz Law, PLLC, Saint Paul, MN, John Miller, PFB Law, Saint Paul, MN, for Defendant - Appellee The Bank of New York Mellon Keith S. Anderson, Bradley & Arant, Birmingham, AL, Samuel Ross Coleman, The Academy Law Group, Saint Paul, MN, Edmund Scott Sauer, Bradley & Arant, Nashville, TN, Mark Gregory Schroeder, Briggs & Morgan, Minneapolis, MN, for Defendant-Appellee Countrywide Home Loans Jared Matthew Goerlitz, Goerlitz Law, PLLC, Saint Paul, MN, John Miller, PFB Law, Saint Paul, MN, for Defendant - Appellee Residential Credit Solutions, Inc.

[Unpublished]

Scott Durand appeals from the order of the District Court ¹ granting summary judgment to defendants in his action asserting mortgage fraud and other claims. Also pending is his motion for leave to supplement his reply brief.

We grant Durand’s pending motion. After de novo review,² we conclude that summary judgment was properly granted for the reasons stated by the District Court. See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (standard of review).

We affirm the judgment of the District Court. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota.

2. In our review, we have not considered documents that were presented in this Court but were not before the District Court. See Griffin v. Super Valu, 218 F.3d 869, 871 (8th Cir. 2000) (noting that documents that were not before the district court are not considered to be part of the record on summary judgment).

PER CURIAM.

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