Foreclosure Actions Brought in Federal Court

Shannon Sswiatek July 09, 2015

Increasing numbers of residential foreclosure actions are brought in federal court, as plaintiffs forum shop and seek to avoid settlement conferences and other New York state consumer protections, with default judgments in federal court obtained far more quickly than in state court. This panel considers the options when these actions are brought in federal court, with presentations by advocates who have successfully conferenced and litigated cases to settlement in federal court and who have moved to dismiss on abstention and other state-law grounds. The pros and cons of litigating these cases in federal court, the problems these cases present for unrepresented litigants, and the various legal theories for dismissal of these actions, are explored.

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