Sandy Drew

Res Judicata: Don't Be Barred By Res Judicata

Res Judicata is a matter already judged in court; one in which can prevent consumers form fighting wrongful foreclosures.


Beverly Hills, CA -- (SBWIRE) -- 05/19/2012 -- For individuals familiar with res judicata, as well as those who are not familiar with the legal term, it can be confusing and unclear. Here’s some information to clarify it.

Res Judicata is a Latin word meaning a matter that has “already been judged” or decided. The concept of res judicata has been applied to the courts and legal system to prevent the same issue or problem from being heard more than once. Once a case is finally ruled on, and any appeals have been extinguished, the issue cannot be re-heard.

Res judicata is frequently mistaken for a similar legal term, collateral estoppel. It is important to understand the difference between the two, especially when you are involved in a legal case with multiple issues and legal evidence. Res judicata deals with claim preclusion, meaning that a person cannot bring the same cause of action but change the resulting claims for damages, etc and file another case. Collateral estoppel deals with issue preclusion, meaning a person cannot change the cause of action slightly in a succeeding suit.

As a tactical measure, Res Judicata can be used as a defensive tool or offensive weapon. In the past few years, many homeowners have faced claims of res judicata by alleged banks or lenders attempting to foreclose. Many times consumers are unaware of their options and what strategies and tactics they can use to successfully fight foreclosure and save their home, causing them to lose their home which could have been avoided had they taken the time to educate themselves on the facts and real information about res judicata.

According to, a leading resource on reliable res judicata and foreclosure fraud information, “many times banks and alleged lenders use res judicata as a tactic to scare off homeowners into inaction.” They count on the fact that homeowners will not have done their homework or fully understand what the situation is. The unfortunate thing is that the majority of the time the homeowner actually has the upper hand in a foreclosure situation. “Foreclosure fraud, missing or forged mortgage documents, securitization, a broken chain of title and many other factors all can play into a homeowner’s favor if they simply take the time to educate themselves and evaluate their situation properly,” echoed

To learn more about Res Judicata, How To Find Your Securitized Loan and Foreclosure Defense, please visit the website: for more information.

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