Jeffrey Cox, et al. Missouri Cases

Jeffrey Cox, representing a class of borrowers, appealed a summary judgment granted to The Bank of New York Mellon (BNYM) in a long-standing class action. The circuit court found it lacked specific personal jurisdiction over BNYM, concluding BNYM did not engage in acts enumerated in Missouri's long-arm statute and that exercising jurisdiction would violate due process. The appellate court affirmed, holding that BNYM's role as trustee, performed entirely outside Missouri, was insufficient to establish personal jurisdiction, and that MFI did not act as BNYM's agent.

Jeffrey and Michelle Cox, representing a class of Missouri borrowers, appealed a partial summary judgment granted to Mortgage Asset Securitization Transactions, Inc. (MASTR) on claims alleging violations of the Missouri Second Mortgage Loan Act. The trial court found fourteen of sixteen claims barred by the six-year statute of limitations. The appellate court reversed and remanded, holding that MASTR waived its six-year statute of limitations defense by failing to properly plead it in its answer, and the Borrowers did not waive their objection to the defense.