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United States Third Circuit


Jose Tellado v. Indymac Mortgage Services, 11-2708

Plaintiffs' claim against a failed bank purchased by defendant is jurisdictionally barred under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 where they failed to exhaust the administrative process, and therefore the district court lacked subject matter jurisdiction to order cancellation of the mortgage loan, and the penalty order against defendant must be reversed because the district court violated due process requirements by not giving defendant notice or the opportunity to be heard.

Appellate Information

  • Decided 02/11/2013
  • Published 02/11/2013

Judges

  • ROTH

Court

  • United States Third Circuit

Counsel

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