EMC Mortgage Corp. v. Carmichael

DICKINSON, Justice,

for the Court.

¶ 1. Bettye C. Carmichael’s fraud claim against her mortgagor was dismissed in the mortgagor’s bankruptcy, and the mortgagor’s assets (including the plaintiffs mortgage) were sold to a successor in interest. Carmichael filed suit in circuit court against the successor in interest, whose motion to dismiss was denied by the trial court. Because we find that the plaintiffs suit is barred by res judicata, we reverse and render.

FACTS AND PROCEDURAL HISTORY

¶ 2. Carmichael granted a deed of trust to United Companies Lending Corporation (“UCLC”), to secure her $80,000…