After a North Carolina court clerk filed an order authorizing the foreclosure sale of his property, a borrower filed suit in federal court against the holder of his note, alleging violations of RESPA. The court determined that it lacked jurisdiction over the matter.
Washington Mutual sent plaintiff Larry Baxter a notice of intent to foreclose on Nov. 17, 2008. The clerk entered an order authorizing the foreclosure sale, indicating in the order that the property’s note and deed were held by JP Morgan Chase & Co., that Baxter had defaulted and that Chase had the authority to foreclose.
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