Foreclosure – Damages

Listen to this article

7^th Circuit Court of Appeals

Case Name: Donald W. Bauer, et al. v. Kimberly G. Koester, et al.

Case No.: 19-1786

Officials: KANNE, SYKES, and ST. EVE, Circuit Judges.

Focus: Foreclosure – Damages

This appeal arises out of Illinois foreclosure proceedings on real estate owned by Donald and Lauretta Bauer. Even though they were able to redeem their property, the Bauers and two of their children, Karla and David (collectively, “the Bauers”), believe they were harmed by the proceedings and now seek damages under 42 U.S.C. § 1983. The Bauers named as defendants many of the people and entities involved in the foreclosure: Donald and Lauretta’s attorneys, the attorneys for the foreclosing plaintiffs, the bank that maintained an escrow account at issue and its employees, the state-court clerk and deputy clerks, and the judge who presided over the foreclosure proceedings. The district court dismissed the Bauers’ suit as barred by the Rooker-Feldman doctrine. See D.C. Court of Appeals v. Feldman, 460 U.S. 462 (1983); Rooker v. Fid. Tr. Co., 263 U.S. 413 (1923). Because the district court properly applied that doctrine, we affirm.

Affirmed

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.