Smalley v. Shapiro & Burson, 2012 U.S. Dist. LEXIS 9131 (D.Md. Jan. 26, 2012)
Jan 26, 2012OUTCOME: Prevailed
Won dismissal of class action lawsuit filed by Maryland homeowners against foreclosure trustees. Plaintiffs alleged improprieties in the foreclosure process, including the alleged use of affidavits th ... at were "robo-signed" by lawyers and paralegals who allegedly had failed to verify that the foreclosing lender was entitled to foreclose. The plaintiffs also claimed that non-lawyers signed attorneys’ names to certain documents used in the foreclosures. In dismissing the action, the federal court held that borrower claims for alleged common law fraud, violations of the Fair Debt Collection Practices Act, and other statutes were barred by res judicata because the borrowers had failed to raise the claims in the underlying foreclosure case.
