DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc.
- Citation:
- DTND Sierra Invest. L.L.C. v. CitiMortgage, Inc., No. 14-51141 (5th Cir. Sept. 4, 2015) (per curiam) (unpublished)
- Tag(s):
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- Ruling:
- Affirmed judgment dismissing lawsuit and imposing $20,000 sanction against plaintiff and its law firm for filing a frivolous lawsuit and threatening to cloud title on property being foreclosed upon by CitiMortgage.
- Procedural context:
- Appeal from district court order imposing $20,000 sanction against party and its counsel "to deter DTND and its counsel from continuing to file groundless, harassing lawsuits."
- Facts:
- DTND purchased property subject to Citi's lien at a homeowners' association foreclosure sale. When Citi initiated its foreclosure proceedings, DTND filed a lawsuit seeking damages and obtained a TRO stopping the foreclosure process. Citi removed the case to federal court, moved to dismiss, and moved for sanctions. The district court found that DTND repeatedly filed meritless lawsuits, and that its counsel threatened to cloud title even if its case was dismissed unless Citi paid $20,000. The district court found that a sanctions award of $20,000 fairly compensated Citi for its attorneys' fees and lost rental income.
- Judge(s):
- Jones, Smith, Southwick
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