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Home » Store » Inside FHA/VA Lending » Judge Says MBS Trustee Action to Stop Implementation Of Eminent Domain Strategy is Premature, Dismisses Case

Judge Says MBS Trustee Action to Stop Implementation Of Eminent Domain Strategy is Premature, Dismisses Case

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A federal district court judge in California this week dismissed without prejudice an action brought by securitization trustees to stop the City of Richmond, CA, and its partners from implementing an eminent domain strategy to seize and refinance underwater mortgages. Judge Charles Breyer of the U.S. District for Northern California said he decided to dismiss the case rather than hold it in abeyance because “the plaintiffs’ claims are not yet ripe for adjudication.” In other words, one can’t sue over something that has not happened or is not bound to happen. In fact, certain developments, such as the finalization of an agency rule or the resolution of pending suits in other jurisdictions, may leave...
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