Berry v. Wells Fargo Bank, N.A.

Dist. Ct. did not err in dismissing on res judicata grounds plaintiff’s Fair Housing Act action, alleging that defendants had wrongfully foreclosed on his home, where state court had previously approved final judicial sale of plaintiff’s home as part of defendants’ foreclosure action against plaintiff. Plaintiff conceded in state court action that instant lawsuit concerned same “events and actions” at issue in state court foreclosure action that pertained to plaintiff’s defaulted mortgage, as well as his claims that he had actually made payments on said mortgage. Moreover, other elements of res judicata had been established, where: (1) parties were same or in privity in both actions; and (2) state court judgment was final. Ct. further noted that plaintiff actually presented matters at issue in instant lawsuit while litigating state-court foreclosure action.