All posts tagged "res judicata"
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1.5KAccelerationThe Judicial Easter Egg Hunt: Owen’s Easter Basket and the Perversion of Justice.
We're not privy to which Quarter Back clerk was assigned to draft the consolidated opinion but we can say emphatically it is...
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1.3KDebt CollectorAfter Yvanova: Monica Sciarratta’s Wrongful Foreclosure with Prejudice
Yvanova did not address any of the substantive elements of the wrongful foreclosure tort, and in particular did not address prejudice ....
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1.8KFederal JudgesRogue Florida Lawyers, Russians, Real Estate and Fraud Claims Assigned to Judge Marra’s Courtroom. Here’s What Happened Next
The facts of this court order is limited to whether or not two attorney's should be sanctioned by Marra and delegated to...
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3.9K1Eleventh CircuitOperation Whiteout: Lyin’ Senior Judge Kenneth “Magic” Marra Tosses CFPB Claims
Judge Kenneth A. Marra's Void Order Granting Ocwen’s Motion for Summary Judgment on 9 out of 10 Claims on the basis of...
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1.4KAppellate JudgesEgregious Conduct, an Unconscionable Scheme and Perjured Testimony. It’s the 11th Circuit and it Sounds All Too Familiar.
The court concluded it was an unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate this matter by...
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3.9KAppellate JudgesPenn. Superior Court Decides Banks Res Judicata Doesn’t Apply when it’s a Bank Seeking Another Bite at Homeowner(s)
If you are defending a foreclosure action and have the case dismissed, there is no bar to the bank continuing legal action...
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3.1K1Ken PaxtonHomeowner Wins in Texas and Should Thank Whitney, Whitehill et al.
The Whitney Certificate from the Secretary of State was sufficient to show proper service. Summary judgment for the homeowner affirmed.
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2.1KAppellate CircuitJudge Kenneth Marra Votes in Favor of Claim Preclusion and Against Florida AG in Ocwen Case, With Prejudice
Florida Plaintiffs argue Count V attempts to hold Ocwen liable for knowingly maintaining and relying on REALServicing to its own benefit and...
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1.2KBankruptcyWhen at First You Don’t Succeed, Try, Try and Try Again; Homeowner Wins ‘A Free House’ in Indiana; And 5th Cir. Judge Higginbotham is Most Likely Not Happy
Due to the creditors’ lack of success in their attempts to foreclose, the litigation has spanned many years, thus increasing the amount...
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1.4KFifth CircuitThe Fifth Circuit’s Carol: Have Yourself a Merry Little Christmas
Carol Paselk sued the defendants for foreclosing on her residential property. Representative Farenthold publicly promised to reimburse the U.S. Treasury for $84,000...
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1.5KForeclosuresRes Judicata Sustained by Illinois Appellate Court against Deutsche Bank
The circuit court properly granted the borrowers’ section 2-619 motion to dismiss this state court action based on res judicata arising from...
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1.0KFake DocumentsWe’ll not Fabricate Arguments Where None Exist, says the Fifth Circuit
In this particular Opinion, it’s not going to fabricate, yet it seems to rely on a lot of fabrication when it comes...
