Ocwens' Consent Judgment had two sets of obligations: complying with federal and state law, and complying with the fencing-in provisions.
Even under a traditional res judicata approach, Marra appropriately considered the terms of the Consent Judgment. CFPB’s claims are barred.
Judge Marra's analysis of the res judicata effect of the Consent Judgment using traditional principles shows that method is inappropriate.
The Court also finds that the doctrine of “general estoppel” cannot apply to bar the Member Case for these very same reasons.
In June 2016, Smitherman filed his fourth lawsuit in state court relating to this mortgage dispute to prevent a fourth foreclosure attempt.