The U.S. District Court for the Eastern District of Pennsylvania granted a mortgage fund summary judgment in a foreclosure action on Tuesday, due to claim preclusion under the Rooker-Feldman doctrine.
Judge Thomas N. O’Neill Jr. reached this decision in the lawsuit brought by Troy Slaffey against PNMAC Mortgage Opportunity Fund Investors (PNMAC) and PennyMac Loan Services – who averred in an amended complaint the defendant committed four violations of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692(e), all of which are connected to a mortgage held by the defendants.
“On May 29, 2013, defendant PNMAC filed a foreclosure complaint against Slaffey in the Philadelphia County Court of Common Pleas, due to his default on a Jan. 26, 2007 mortgage and note. On Sept. 17, 2013, the state court entered an in rem default judgment in favor of PNMAC,” O’Neill said. “On Oct. 16, 2014, Slaffey filed a petition to open the default judgment in the state foreclosure proceeding.”