Cases - Federal Court Dismisses Wrongful Foreclosure Action based on Res Judicata

Federal Court Dismisses Wrongful Foreclosure Action based on Res Judicata

Resolution Date
01/30/2013

Practice Areas
Commercial Litigation
Legal Malpractice

Description

John Bunyan and Shannon Sprinkle won dismissal of a wrongful foreclosure action against a law firm retained to initiate foreclosure proceedings. Plaintiff argued that the foreclosure proceedings were wrongful because the bank had failed to produce a verified copy of the promissory note showing it was the creditor authorized to foreclose, had breached the notice terms of the security deed, and had misrepresented that the foreclosure sale would be postponed while the plaintiff negotiated a loan modification. The U.S. District Court for the Northern District of Georgia dismissed plaintiff’s claims, agreeing with Carlock Copeland’s arguments that the claims were barred by res judicata based on the dismissal of the plaintiff’s prior action challenging the foreclosure sale and otherwise failed to state any claim for relief.

Attorneys Involved
John L. Bunyan
Shannon M. Sprinkle

CCS Office
Atlanta