Waldo v. Ocwen Loan Servicing, LLC
- Citation:
- Case No. 2:-10-CV-00928-CW (10th Cir. May 18, 2012)
- Tag(s):
-
- Ruling:
- The Court of Appeals AFFIRMED the district court's ruling that the plaintiff's (Charles and Ethanne Waldo) claims could have been litigated in the federal bankruptcy action and previous state court actions. As such, the district court correctly granted defendant's (Ocwen Loan Servicing) motion to dismiss on the basis of claim preclusion due to previous lawsuits filed by the plaintiff.
- Procedural context:
- Plaintiff filed suit at the federal district court against their lender. The matter was dismissed based on claim preclusion due. Plaintiff appeals.
- Facts:
- The plaintiffs lost their house in foreclosure in 2009. Since 2006, they have filed two state court actions and a separate action in federal bankruptcy court against their lender challenging the validity of their note and foreclosure. All the proceedings resulted in favorable judgment for the defendant. Plaintiff then filed a district court suit against the defendant alleging federal violations of the Fair Debt Collections Practices Act, wire fraud and causes of action for "irreparable harm" and "emotional distress", which was dismissed.
- Judge(s):
- Circuit Judges Murphy, Baldock and Hartz.
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