California Appellate Tracker

Hawkins v. SunTrust Bank

April 7, 2016

A South Carolina judicial foreclosure judgment barred borrower’s California suit for wrongful foreclosure.

Hawkins got a loan from SunTrust secured by property in South Carolina. She defaulted. SunTrust judicially foreclosed by default. It evicted Hawkins, who a year later appealed to the South Carolina Court of Appeals claiming she hadn’t been properly served. The appeal was dismissed for procedural defaults and the judgment became final. Meanwhile, Hawkins moved to California and filed suit against SunTrust for wrongful foreclosure. Held, Hawkins’ s suit was properly dismissed on res judicata and full faith and credit grounds. Hawkins had an adequate opportunity to contest service of process by a motion to vacate or by appeal in South Carolina. She could not launch a collateral attack on the South Carolina foreclosure judgment in California state court.

California Court of Appeal, Second District, Division 6 (Yegan, J); April 6, 2016; Case No. B264541

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Hawkins v. SunTrust Bank

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