Giroux v. Fed. Nat’l Mortgage Ass’n

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Sharel Giroux executed a promissory note secured by a mortgage on her home. The mortgage and note were assigned to Federal National Mortgage Association (Fannie Mae). Giroux filed suit in a New Hampshire state court contending that Fannie Mae and others lacked sufficient rights to assign the note. Giroux’s claim was dismissed for lack of standing. After a foreclosure sale was scheduled, Giroux filed a complaint against Fannie Mae and MERSCORP Holdings, Inc. seeking to enjoin the sale. The action was removed to federal district court. The district court dismissed Giroux’s action, concluding that, because her claims could have been brought before the New Hampshire state court, her action was barred on res judicata grounds. Giroux moved to vacate the district court’s judgment under Fed. R. Civ. P. 60. The district court summarily denied the request. The First Circuit affirmed, holding that the district court did not abuse its discretion in determining that Giroux’s claim lacked merit, even if the court declined to offer a rationale. View "Giroux v. Fed. Nat’l Mortgage Ass’n" on Justia Law