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U.S. Bank N.A. v. State Farm Fire & Cas. Co.

United States Court of Appeals, Eighth Circuit

August 28, 2014

U.S. Bank National Association, Appellant,
v.
State Farm Fire & Casualty Company, Defendant - Appellee, Nicole Motto; William Motto, Plaintiffs - Appellees, First Residential Mortgage Network, Inc.; GMAC Mortgage, LLC; Wells Fargo, NA; Wilson and Associates, P.L.L.C., Defendants

Submitted June 11, 2014

Appeal from United States District Court, for the Eastern District of Arkansas - Little Rock.

For U.S. Bank National Association, Appellant: Marc James Ayers, Jonathan Cobb, Blake B. Goodsell, Bradley & Arant, Birmingham, AL.

For Nicole Motto, Plaintiff - Appellee: Luther Oneal Sutter, Sutter & Gillham, Benton, AR.

William Motto, Plaintiff - Appellee, Pro se, Bloomfield, NM.

For State Farm Fire & Casualty Company, Defendant - Appellee: Staci Dumas Carson, James W. Tilley, Watts & Donovan, Little Rock, AR.

Before MURPHY, COLLOTON, and KELLY, Circuit Judges.

OPINION

Page 868

COLLOTON, Circuit Judge.

U.S. Bank National Association appeals the district court's[1] denial of its motion to intervene in a suit between homeowner Nicole Motto and her insurer, State Farm Fire and Casualty Company. The district court denied U.S. Bank's motion as untimely. We conclude that the court reasonably determined that the bank was too late in attempting to intervene, and we therefore affirm.

I.

Motto and her now-estranged husband refinanced their home in Arkansas in 2006. The originating lender then sold the loan to Residential Funding Company, LLC (" RFC" ). The Mottos' loan was pooled with others and sold as a mortgage-backed security. U.S. Bank is the trustee of the trust containing the pooled loans.

U.S. Bank, as trustee, claims to hold the note for the Mottos' mortgage and thus to have a right to enforce the Mottos' mortgage obligations. RFC was the master servicer for the pooled loans, and its affiliated company, GMAC Mortgage, LLC, was the sub-servicer of the loans. According to U.S. Bank, GMAC was its " agent," and RFC and GMAC were its " representatives," in this litigation.

Motto's home burned in May 2010. Motto filed a claim with State Farm, but a dispute arose about the amount of loss and to whom the insurance proceeds should be paid. State Farm thought GMAC might be entitled to recover the funds due to the mortgage on the home. State Farm thus issued a joint ...


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