Foreclosure FDCPA Violation.

• Author: Hawkins, Derek
• Position: CitiMortgage, Inc., v. Jerome M. Davis, et al.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: CitiMortgage, Inc., v. Jerome M. Davis, et al.,

Case No.: 21-1084; 21-1101

Officials: SYKES, Chief Judge, and FLAUM and BRENNAN, Circuit Judges.

Focus: Foreclosure FDCPA Violation

For several years, CitiMortgage, Inc., has been locked in a legal battle with Jerome M. Davis and Lynne Ternoir-Davis over a mortgage the couple took out on their residence in 2005. After the Davises defaulted on the loan and filed for bankruptcy, Jerome Davis received a bankrtupcy discharge, which the bankruptcy court later held did not extend to the debt Davis owed CitiMortgage.

Rather than appeal that decision, Davis has attempted to collaterally attack that court's ruling first, by attempting to remove Citi Mortgage's foreclosure action to federal court, and second, by filing a separate suit against CitiMortage. Davis lost in each of those proceedings, and CitiMortage was awarded...