KENDALL FOSTER ET AL. v. FEDERAL NATIONAL MORTGAGE ASSOCIATION ET AL. - Articles

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Posted by: Tanja Trezise on Jul 31, 2013

Court: TN Court of Appeals

Attorneys 1:

Carol A. Molloy, Lynnville, Tennessee, for the appellants, Kendall Foster and Amanda Foster.

Attorneys 2:

John R. Wingo, Lauren Paxton Roberts, and J. Matthew Kroplin, Nashville, Tennessee, for the appellees, Federal National Mortgage Association and JP Morgan Chase Bank, National Association.

Judge(s): SUSANO

The plaintiffs brought this action alleging wrongful foreclosure after a judgment against them became final in an earlier, separate unlawful detainer lawsuit filed by Federal National Mortgage Association (“FNMA”). The trial court dismissed the action as barred by the doctrine of res judicata. We affirm the judgment of the trial court because the plaintiffs could and should have raised the issues pertaining to the alleged wrongful foreclosure in the earlier detainer action.

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