Roche v. Roche

Although they have made their way through different courts, both appeals arise out of a common set of facts. The appeals may be considered together. In each case, claim preclusion was the basis for a disposition adverse to Kathleen M. Roche.

Here, in outline, are the facts:

During the pendency of divorce proceedings between them, Kathleen and John J. Roche permitted second mortgage payments on the marital home to slip in arrears. The mortgagee, Household Finance Corporation (HFC), took steps to foreclose and, at a public auction held March 25, 1983, sold the Roche house to McCauley, a close…