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Suzannah Meta Schmid v. Bank of America, N.A., and Associated Bank, N.A. (In re Schmid), Adv. No. 12-0160, Case No. 10-12142-13 (04/24/2013) (494 B.R. 737) -- Judge Catherine J. Furay

Case Summary:
The Debtor filed an adversary proceeding against Bank of America, the holder of her mortgage and note, seeking a determination that the bank lacked standing to foreclose. The bank filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6). Noting a final judgment of the Portage County Circuit Court on the issue of the ownership of the mortgage and note, the Court concluded that it lacked jurisdiction to hear the Debtor's claims under the Rooker-Feldman doctrine. In the alternative, the Court ruled that the Debtor's claims were barred by the doctrine of claim preclusion. It also found that the Debtor's complaint should be dismissed under Rule 12(b)(6). The Debtor's motion to amend her complaint was therefore denied, and Bank of America's motion to dismiss was granted. Affirmed by the District Court.

Statute/Rule References:
Fed. R. Civ. P. 12(b)(6) -- Failure to State a Claim

Key Terms:
Claims - Allowance
Rooker-Feldman


Date: 
Wednesday, April 24, 2013