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Res Judicata for various measures can be used as an offensive weapon or defensive meneuvering, and can apply to a case in which there has already been a final judgment which is no longer subject to appeal. The important point to understand is that the Res Judicata concept goes on to state that a party must raise all issues and claims in the first lawsuit, since usually an opportunity to fight on different claims will not be made available.
The challanges facing many consumers however is that proper documentation and research is not conducted up front, thereby limiting existing foreclosure defenses that may have been otherwise available to the consumer.
Res Judicata is generally mistaken for a similar legal expression called Collateral Estoppel. It's very important to recognize the difference between the two, particularly when you're
dealing with matters of foreclosure, robo-signing, MERS and Securitization. Res judicata handles claim preclusion, whereas Collateral Estoppel addresses issue preclusion, meaning a party can't change the reason for action somewhat in a case seeming to be successful on it's merits.
Typically when dealing with matters of foreclosure, most consumers fall victim to missing the inital hearing, thereby being placed in default and restricted to fully challange the foreclosure and contest the alleged debt. There are exception however that exist in several judicial and non judicial states, for example the state of California.
Normally, a defendant would be "Barred" by Res Judicata from participating in a case after the default judgement has been entered by the courts; however their is an exception and it deals with Code of Civil Procedures Section 764.010., which deals specifically with Quiet Title Actions. Section 764.010 goes on to provide that "[t]he court shall not enter judgment by default but shall in all cases require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of any of the defendants..."
Often more times then not, the trial court will hold an ecidentiary hearing in open court in which the defendants are allowed to participate in the hearing, although they've been previously sanctioned.
To learn more about Res Judicata, Quiet Title, Securitization and other available options to fight against foreclosure fraud, please visit: http://resjudicatax.com for more information.
ResJudicatax.com is an online website focused on providing consumers with relevant information pertaining to Res Judicata, Quiet Title, Securitization, and much more. To learn more about Res Judicata and related foreclosure topics, CLICK Here to watch our informational video now or visit visit us at: http://www.resjudicatax.com.