Hien Pham v. Bank of New York

MEMORANDUM OPINION

T.S. ELLIS III, District Judge.

This removed state-law action is the second round in a long-running effort by defaulting borrowers to avoid foreclosure on their property. More than a year before the defaulting borrowers initiated this action in state court, they had filed an earlier state-court action also seeking to stay a then-impending foreclosure. The defaulting borrowers’ first suit named some of the same entities sued here and raised some of the claims asserted here.1 The first round was rained out, so to speak, as the defaulting borrowers voluntarily non-suited the…