Anderson v. Wells Fargo Bank, N.A., No. 18-60546 (5th Cir. 2020)Annotate this Case
Plaintiff alleged that her mortgage lender improperly enforced an adjustable-rate rider and that an assignment of her mortgage was invalid. After the parties executed a settlement agreement disposing of the first lawsuit, the second and third lawsuits were dismissed on res judicata grounds. Plaintiff added new claims in her fourth and fifth lawsuits. In this appeal, plaintiff seeks to revive the claims from her fifth lawsuit.
The Fifth Circuit affirmed the district court's dismissal of the complaint based on res judicata grounds. In this case, all of plaintiff's previous actions resulted in a final merits judgment from courts of competent jurisdiction and all four identities were met under Mississippi law. The court also held that plaintiff's appeal was frivolous and ordered her to show cause within fourteen days as to why she should not be sanctioned.