Thursday, August 15, 2013, 10:19 AM

Mortgage Foreclosure Opinions From Judge Wilson and Judge Moon

Borrowers facing foreclosure often attempt to delay or prevent foreclosure by filing lawsuits against the noteholder or servicer of their mortgage.  There have been two recent decisions from the Western District of Virginia dismissing such claims.  In Johnson v. Federal Home Loan Mortgage Corporation, Judge Wilson dismissed a breach of contract claim related to an allegedly defective notice of acceleration.  And in Canterbury v. J.P. Morgan, Judge Moon dismissed a claim for rescission under the Truth in Lending Act.  That opinion is not yet available on the Court's website.  I will write more about these two opinions in separate blog posts.  (DISCLAIMER: I represented J.P. Morgan in the second case referenced above).

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