August 4, 2018 / 12:12 AM / 4 months ago

‘Shotgun’ pleadings backfire on borrowers, foreclosure lawyer – 11th Circuit

An experienced foreclosure-defense lawyer wasted judicial resources by using “shotgun” allegations in his initial and amended complaints for a pair of Alabama homeowners suing their mortgage holder and by filing a frivolous appeal on their behalf, a federal appeals court held on Friday.

The 11th U.S. Circuit Court of Appeals affirmed the dismissal of Karun and Ursula Jackson’s complaint and ordered their attorney, Kenneth Lay of Hood & Lay in Birmingham, to explain why he should not have to pay “double costs and expenses, including attorney’s fees” to the appellees, Bank of New York Mellon, Specialized Loan Servicing (SLS) and Mortgage Electronic Registration Systems (MERS).

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2n8t8XV

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