· 11/1/2006
Randall v. Bank One National Ass'n (In Re Randall)
Citations
- 358 B.R. 145
- 2006 Bankr. LEXIS 3696
- 2006 WL 3833919
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Allowing a claim for recoupment to adjust “[t]he amount due the mortgagee ... without affecting the validity of the mortgage itself, nor the right of the mortgagee to foreclose upon its judgment.”
- applying res no longer seek further review in state court, there is a “‘final judgment or decree rendered by the highest court of a State in which a decision could be had’” in the sense of 28 U.S.C. § 1257, Malhan, 938 F.3d at 459 (quoting Federacion, 410 F.3d at 24
- mortgagors can properly defend in rem foreclosure proceedings by demonstrating that the mortgage is void due to fraud
- mortgagors can properly defend in rem foreclosure proceedings by demonstrating that the mortgage is void due to fraud
- “[T]he relief sought (as opposed to the issues raised) by the federal plaintiff will be particularly significant.”
- “[T]he Rooker-Feldman doctrine bars a federal court from exercising jurisdiction over a TILA rescission claim first asserted after the entry of a state court foreclosure judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bruce Fox
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.