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E.D.N.C.: Tyler v. Wells Fargo- Order Granting Motion for Relief is the Law of the Case

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By Ed Boltz, 5 February, 2019

Summary:

Mr. Tyler obtained a mortgage against his home and eventually fell delinquent and faced foreclosure proceedings. Mr. Tyler then filed a pro se Chapter 7 bankruptcy and commenced an adversary proceeding challenging the foreclosure on host of the usual grounds. While that was pending, the bankruptcy court granted the Motion for Relief sought by Wells Fargo and later dismissed the adversary proceeding as the law of the case from the Motion for Relief had established that Wells Fargo was the holder of the Note.

The district court affirmed, finding that it would be inappropriate to relitigate in the Adversary Proceeding the issues previously decided in the Motion for Relief. Additionally, the district court, reviewing the bankruptcy decision de novo, held that Mr. Tyler failed to state any claim upon which relief could have been granted and dismissal was appropriate for that reason as well.


For a copy of the opinion, please see:

Tyler v. Wells Fargo- Order Granting Motion for Relief is the Law of the CaseDownload

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