State, Federal Dual Tracking Claims In Foreclosure Suit Deemed Inactionable

Mealey's (December 22, 2021, 2:12 PM EST) -- NEW ORLEANS — In a per curiam opinion, a Fifth Circuit U.S. Court of Appeals panel on Dec. 15 ruled that a federal district court did not err in dismissing a borrower’s state and federal law claims against his mortgage lender and loan servicer over their alleged involvement in a dual tracking scheme because the evidence showed that the borrower failed to sufficiently meet the terms of a trial mortgage loan modification agreement as required, leading to his home being sold at a foreclosure sale....