Eric Mains, former FDIC Auditor who quit to defend his home and go after the banks for the “culpable” actions has filed a brief worth reading. Anyone following this blog should read it carefully.
The banks use the Rooker Feldman doctrine, res judicata, collateral estoppel and a variety of other devices to convince judges that any action for damages or other relief is barred if a judgment has been entered against the borrower. It is a cloud of legal fantasy that often obscures the vision of the court.
Among the points that are well made is that if the relief sought by the homeowner would not set aside or disturb the judgment that was entered, and the homeowner is complaining of external culpable actions that led the to the entry of the judgment, then the homeowner has in fact raised issues that can be heard in Federal or State Court or in Bankruptcy Court. It is simple logic based upon long-standing law.
Filed under: foreclosure |