HSBC, MERS Beat Foreclosed Couple's Refinancing Suit

Law360, New York (August 28, 2012, 2:28 PM EDT) -- HSBC Mortgage Services Inc. and Mortgage Electronic Registration Systems Inc. on Monday escaped a putative class action accusing them of unfair mortgage refinancing practices, after a New Jersey federal judge ruled state law required the plaintiffs to have brought the claims within their foreclosure case itself.

U.S. District Judge Renee Marie Bumb granted HSBC and MERS’ motion to dismiss the suit, denying a motion to remand the case to state court by plaintiffs Francis and Tanya Napoli. Under New Jersey’s “entire controversy” doctrine, the Napolis needed...
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