Lender Liability Lawsuit Barred by Class Action Settlement
In November 2017 the Missouri Court of Appeals affirmed a Jackson County trial court’s summary judgment ruling that a borrower’s state court lender liability claims against the borrower’s loan servicers, the servicer’s attorney, and a trustee under the borrower’s deed of trust, were precluded by a federal judgment that implemented a class action settlement. In that case, styled Topchian v. JPMorgan Chase Bank, N.A. [Chase] Martin Leigh Laws & Fritzlen, PC [MLLF] and Select P
The 6-Month Savings Provision Saves Another Otherwise Time-Bared Mortgage from the Abyss of the New
Foreclosure Counsel in New York must stay abreast of current court cases about the Statute of Limitations. A recent case, Bank of NY Mellon v. Slavin, 2017 NY Slip Op 08767 (3d Dept. 2017), discusses the applicability of a 6-month savings provision to a matter that was dismissed, but the dismissal appealed. (Editor’s note: The 6-month savings provision allows a plaintiff to sue one a time-barred action as long as the action is brought within 6 months of the termination of
