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Foreclosure – FDCPA Violation

By: Derek Hawkins//March 1, 2022//

Foreclosure – FDCPA Violation

By: Derek Hawkins//March 1, 2022//

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7th Circuit Court of Appeals

Case Name: CitiMortgage, Inc., v. Jerome M. Davis, et al.,

Case No.: 21-1084; 21-1101

Officials: SYKES, Chief Judge, and FLAUM and BRENNAN, Circuit Judges.

Focus: Foreclosure – FDCPA Violation

For several years, CitiMortgage, Inc., has been locked in a legal battle with Jerome M. Davis and Lynne Ternoir-Davis over a mortgage the couple took out on their residence in 2005. After the Davises defaulted on the loan and filed for bankruptcy, Jerome Davis received a bankrtupcy discharge, which the bankruptcy court later held did not extend to the debt Davis owed CitiMortgage.

Rather than appeal that decision, Davis has attempted to collaterally attack that court’s ruling – first, by attempting to remove Citi Mortgage’s foreclosure action to federal court, and second, by filing a separate suit against CitiMortage. Davis lost in each of those proceedings, and CitiMortage was awarded attorney fees and costs when the court remanded the foreclosure proceeding.

Davis appeals these two decisions. But we lack jurisdiction to review the remand order, and Davis has waived his arguments challenging the attorney fees and costs award. We also agree with the district court’s dismissal of Davis’s suit against CitiMortgage.

Dismissed in part. Affirmed in part.
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Derek A Hawkins is Corporate Counsel, at Salesforce.

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