2nd Circuit Reverses Course and Denies Article III Standing for Statutory Damage Claims Arising Out of Untimely Recording of Mortgage Discharges

Maddox v. Bank of N.Y. Mellon Trust does not preclude a borrower from seeking redress in state court for violation of statute and pursuing statutory damages on an individual basis, but the decision narrows a borrower's ability to pursue class damages in federal court for failure to timely record mortgage satisfactions.

March 07, 2022 at 02:30 PM

4 minute read

Analysis

Jonathan Robbin

The original version of this story was published on Law.com

If at first you don't succeed, try again. In Maddox v. Bank of N.Y. Mellon Trust Co., N.A., the United States Court of Appeals for the Second Circuit got it right by vacating its prior order in light of the Supreme Court's TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021), decision. 2021 U.S. App. LEXIS 34056 (2d Cir. Nov. 17, 2021).

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