1st Cir. Confirms Rooker-Feldman Barred Borrower's State and Federal Law Claims

Categorized | STOP FORECLOSURE FRAUD

1st Cir. Confirms Rooker-Feldman Barred Borrower’s State and Federal Law Claims

1st Cir. Confirms Rooker-Feldman Barred Borrower’s State and Federal Law Claims

Lexology-

The U.S. Court of Appeals for the First Circuit recently affirmed dismissal of a borrower’s state and federal law claims, concluding that the trial court lacked jurisdiction under the Rooker-Feldman doctrine, because the borrower’s federal suit sought to invalidate the state courts’ judgments.

A copy of the opinion in Klimowicz v. Deutsche Bank National Trust Company is available at: Link to Opinion.

After a borrower defaulted on her mortgage loan, the assignee to the borrower’s mortgage (“mortgagee”) filed a petition in the Massachusetts Land Court to foreclose the mortgaged property. Final judgment was entered in the mortgagee’s favor, and the property was sold to the mortgagee at a foreclosure sale.

The mortgagee then turned to the state’s county Housing Court and filed a summary process action to evict the borrower, who in turn filed a counterclaim. After lengthy motion practice, and challenges to the validity of the mortgage assignment, the mortgagee was eventually awarded possession of the property. The borrower’s appeal of the final judgment in the eviction action was dismissed for failure to post bond.

[LEXOLOGY]

© 2010-18 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 9099 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com

Archives