11th Circuit: Lender, Loan Servicers Precluded From Removing Third-Party Suit

Mealey's (June 26, 2020, 10:08 AM EDT) -- ATLANTA — The 11th Circuit U.S. Court of Appeals on June 24 overturned rulings denying remand of a couple’s third-party lawsuit against their mortgage lender and loan servicers and granting the third-party counterdefendants’ motion for summary judgment after finding that the U.S. Supreme Court’s decision in Home Depot U.S.A. Inc. v. Jackson, 139 S. Ct. 1743, 204 L. Ed. 2d 34 (2019), replaced the precedent that allowed the lender and loan servicers to remove the action (Philip Bowling, et al. v. U.S. Bank N.A., et al., No. 17-11953, 11th Cir., 2020 U.S. App. LEXIS 19435)....