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Borrowers › Res Judicata

Cadwalader, Wickersham & Taft LLP

Fool Me Once, Shame on You; Fool Me Twice, Shame on Me: Res Judicata and Ownership Claims Post Foreclosure

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The Supreme Court of the State of New York, County of Westchester, recently held that the doctrine of res judicata bars a lender’s claim that a borrower’s subsequent transfers of property are void, if the claim is brought...more

Bradley Arant Boult Cummings LLP

South Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower Litigation

Bradley Arant Boult Cummings LLP on

In a ruling that will provide guidance on when lenders must raise a foreclosure counterclaim in a borrower lawsuit, the South Carolina Court of Appeals in Deutsche Bank National Trust Company v. Estate of Patricia Ann Owens...more

Balch & Bingham LLP

Alabama Court of Civil Appeals Reverses Summary Judgment Granted in Favor of Mortgage Servicer Based on Res Judicata Defense

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In Sims v. JPMC Specialty Mortgage, LLC, No. 2150437, a borrower had been involved in two previous lawsuits arising out of a mortgage servicer’s foreclosure upon the borrower’s property. The servicer obtained summary judgment...more

Haight Brown & Bonesteel LLP

California Supreme Court Grants Review of Homeowner's Wrongful Foreclosure Claims

Haight Brown & Bonesteel LLP on

On July 15, 2015, the California Supreme Court granted review of Boyce v. T.D. Service Company (2015) 235 Cal.App.4th 429. (Supreme Court Case No. S226267.) In Boyce, the Court of Appeal held that a plaintiff's wrongful...more

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