The U.S. Court of Appeals for the Second Circuit affirmed the voiding of a residential mortgage lien as the creditor/appellant failed to prove it had standing to file the mortgage claim. Under 11...
The U.S. Court of Appeals for the Sixth Circuit affirmed the sovereign citizen-defendant/appellant's fraud convictions. The defendant, acting pro se, treated his criminal case like a commercial...
The Fourth Circuit affirmed summary judgment for mortgage servicers, holding that monthly statements, payoff statements, and 1098 tax forms sent to a debtor during a Chapter 13 bankruptcy were...
Judge(s):
Judge Thacker wrote the opinion, in which Judge King and Judge Wynn joined.
By not previously bringing claims against Creditor, Debtor forfeited such claims after reaching a settlement agreement with Creditor. While the settlement agreement contains a carve-out provision...
The district court erred by granting the defendants’ summary judgment motion for the Real Estate Settlement Procedures Acts claim because the plaintiff attached the required Qualified Written...
The circuit court affirmed the district court’s decision upholding the bankruptcy court’s dismissal of Debtors’ petition and imposition of a new filing bar. The bankruptcy court had the...
The circuit court affirmed the district court’s finding that Creditor’s appeal was equitably moot. Creditor did not move to stay the bankruptcy court’s confirmation order; relief would be...
Judge(s):
Reena Raggi, Raymond J. Lohier, Jr., and Michael H. Park
Seeking to clarify the Rooker-Feldman doctrine, the Third Circuit explained that the Rooker-Feldman doctrine applied to preclude federal courts, other than the Supreme Court, from entering any...
The Eleventh Circuit affirmed the district court’s order affirming the bankruptcy court’s dismissal of the debtor’s complaint objecting to a proof of claim. The Eleventh Circuit held that the...
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order granting in rem relief from the automatic stay in favor of a mortgage creditor so it could sell a house based on...
