Tag Archives: Foreclosure

The Doctrine of Issue Preclusion Barred Claims Based Upon an Alleged Fraudulent Mortgage

In recent decisions, various courts have relied upon the Rooker-Feldman Doctrine to bar a consumer’s federal claims regarding the validity of his or her mortgage after the lender obtained a state court foreclosure judgment. See, e.g., Mohorne v. Beal Bank, S.S.B., 419 B.R. 488, 496-97 (S.D. Fla. 2009) (Altonaga, J.); Figueroa v. Merscorp., Inc., et al., … Continue reading this entry

Is Initiating a Non-Judicial Foreclosure "Debt Collection" Under the FDCPA?

In a recent decision (Maynard v. Cannon), the Tenth Circuit acknowledged, but declined to take a position on, the debate as to whether a non-judicial foreclosure constitutes “debt collection” under the Fair Debt Collection Practices Act (FDCPA). A non-judicial foreclosure can be initiated in certain jurisdictions by filing a notice of default with the applicable county … Continue reading this entry