5th Circuit Affirms Dismissal Of Servicemembers’ Suit Over Foreclosures

Mealey's (December 20, 2019, 9:16 AM EST) -- NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Dec. 19 upheld the dismissal of a class action suit brought by active members of the military who claim that their mortgages were unlawfully foreclosed upon in violation of the Servicemembers Civil Relief Act (SCRA), finding that orders for the seizure of the borrowers’ property that were obtained through executory proceedings in Louisiana state court were not default judgments (Steven Fodge, et al. v. Trustmark National Bank, et al., No. 19-30279, 5th Cir.)....