Federal Attack on Foreclosure Judgment Merits Rule 11 Sanctions 


A district judge in the Northern District of Illinois has awarded sanctions to several banks who were sued in a federal case arising out of a state court foreclosure judgment. Plaintiff lost the state case and the state court entered a judgment of foreclosure in favor of banks who held mortgage liens on the property.

Because the state court issued a final judgment adverse to plaintiffs, plaintiffs’ counsel violated Rule 11 by filing a federal action to stop the foreclosure. Plaintiffs should have known their legal position was frivolous because federal courts in such cases, abstain from proceeding under the Rooker-Feldman doctrine. Plaintiffs’ counsel was sanctioned in the amount of $20,000.

Source: MOMO ENTERPRISES, LLC v. BANCO POPULAR OF NORTH AMERICA, Dist. Court, ND Illinois 2017 – Google Scholar

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