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· 2/8/2017

Tobin v. Hartford Life & Accident Insurance Co.

Citations

  • 233 F. Supp. 3d 578
  • 2017 WL 510438
  • 2017 U.S. Dist. LEXIS 17455

How courts have described this case

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

  • explaining that the entire controversy doctrine applies to “germane” counterclaims that “could have been brought in [a] . . . foreclosure action”
  • finding the entire controversy doctrine barred claims against a mortgage loan servicer following entry of a final judgment in the foreclosure action on the mortgage
  • describing germane claims as those that “could have been brought in the foreclosure action”
  • “An assignee of a right will be considered to be in privity with its assignor.” (quoting Brookshire Equities, LLC v. Montaquiza, 787 A.2d 942, 947 (App. Div. 2002))
  • “Claims or defenses that went to the validity of the mortgage, the amount due, or the right of [mortgagee] to foreclose had to be raised in the foreclosure proceeding or they were barred.”
  • “Claims or defenses that went to the validity of the mortgage, the amount due, or the right of [mortgagee] to foreclose had to be raised in the foreclosure proceeding or they were barred.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Maloney

Read full opinion on CourtListener

Sourced 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.