Borrower’s Claims Against Loan Servicer Deemed Barred By Judicial Estoppel

Mealey's (January 28, 2021, 2:14 PM EST) -- SAN DIEGO — A federal judge in California on Jan. 25 ruled that several of a borrower’s state and federal law claims against his loan servicer over its alleged improper accounting of payments the borrower made on his mortgage are barred by judicial estoppel because the borrower filed inconsistent pleadings in his Chapter 13 bankruptcy action that allowed him to receive “relief and/or advantage.”...