Foreclosure: Judicial Estoppel and a Grand Irony
The decision in ‘Cruz v. Bank of New York Mellon’ calls attention to the subject of judicial estoppel and raises, as the title recites, a grand, perhaps exquisite irony.
January 13, 2025 at 08:11 AM
4 minute read
While in the world generally one plus one equals two, in this case it equaled zero—and in a quite rational way. A borrower employed two defenses which so often pummel foreclosing plaintiffs but nonetheless emerged the loser.
Judicial estoppel is one of those sundry doctrines lawyers (and ultimately their client lenders and borrowers) need to know, even though it seems to be invoked only from time to time. The exceptional zeal and emotion that anecdotal observation suggests prevail in mortgage foreclosure actions seems to more often engender application of judicial estoppel in such cases.
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