Federal Home Loan Mortgage Corp. v. Dutch Lane Associates

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where “no pre-answer motions, consolidated or otherwise, were made by defendants,” the court 1s “compelled to hold the improper service defense waived” unless included in the answer
• holding that defense of improper service may be waived “by failure [to] assert [it] seasonably, by formal submission in a cause, or by submission through conduct” (quoting Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165, 168 (1939))
• ‘‘[t]he [nonrecourse] provision does not bar recovery of rents from defendants [because] . . . it is inapplicable to the [d]efendants’ absolute and indepen- dent assignment of rents obligations’’
• “[D]ismissal is not mandatory when service of process is improper. [Rather,] Rule 12(b)(5) . . . offer[s] the court a course of action other than simply dismissing the case when defendant’s defense . . . is sustained.”

Source: CourtListener parenthetical corpus (CC0).