Eileen Adams v.

CourtCourt of Appeals for the Third Circuit
DecidedSeptember 3, 2025
Docket24-1212
StatusPublished

This text of Eileen Adams v. (Eileen Adams v.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eileen Adams v., (3d Cir. 2025).

Opinion

PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 24-1212

In re: EILEEN T. ADAMS,

Appellant

On Appeal from the United States District Court for the District of New Jersey (District Court No. 1:22-cv-06256) District Judge: Honorable Karen M. Williams

Submitted Under Third Circuit L.A.R. 34.1(a) on March 24, 2025

Before: BIBAS, PHIPPS, and AMBRO, Circuit Judges

(Opinion filed: September 3, 2025) David A. Kasen KASEN & KASEN 1874 E Marlton Pike Suite 3 Cherry Hill, NJ 08003

Counsel for Appellant Barbara A. Fein STERN LAVINTHAL & FRANKENBERG 103 Eisenhower Parkway Suite 100 Roseland, NJ 07068

Joseph I. Foley MCCABE WEISBERG & CONWAY 216 Haddon Avenue Suite 201 Westmont, NJ 08108

James A. French, Esq. MARKS O’NEILL O’BRIEN DOHERTY & KELLY 535 Route 38 East Suite 501 Cherry Hill, NJ 08002

Counsel for Appellee

OPINION OF THE COURT

AMBRO, Circuit Judge

When the bank foreclosed the mortgage on their home, Eileen Adams and her husband fought back. They filed for bankruptcy again and again, hoping to use the protections of bankruptcy law to stave off a foreclosure sale. At the same time, they relitigated the foreclosure judgment in New Jersey

2 state court. Adams and her husband lost their state-court appeal, and the Supreme Court of New Jersey declined review. Then Adams filed for bankruptcy once more. This appeal comes from that case.

The Bankruptcy Court granted Nationstar Mortgage’s motion to lift the bankruptcy protections so it could sell the house. Adams opposed that motion, making all the same arguments she had made in New Jersey state courts. The Bankruptcy Court ruled for Nationstar, so Adams appealed to the District Court. That Court, understanding Adams was rehashing the state-court litigation, affirmed the Bankruptcy Court’s order and dismissed the appeal for lack of jurisdiction under the Rooker-Feldman doctrine.

We agree Adams loses, but not for that reason. Rather, it is because despite all their efforts, she and her husband have lost, finally and on the merits. We do have jurisdiction, and we exercise it to hold that her claims are precluded. Because “we may affirm on any ground supported by the record,” Laurel Gardens, LLC v. McKenna, 948 F.3d 105, 116 (3d Cir. 2020), we affirm the Bankruptcy Court’s order lifting the automatic stay and use this opportunity to offer guidance on the application of Rooker-Feldman in bankruptcy.

I. BACKGROUND

The relevant facts are undisputed and fairly brief.

In 2008, Adams and her husband gave their New Jersey home to her father. The next year, the father borrowed $360,000 from AmTrust Bank, securing it with a mortgage against the home in favor of Mortgage Electronic Registration

3 Systems (MERS), AmTrust’s nominee. Sadly, he died soon after, leaving the home back to Adams, who took it subject to the mortgage. Complicating matters further, AmTrust failed not long after that and fell into FDIC receivership. The New York Community Bank (NYCB) acquired substantially all of AmTrust’s assets and liabilities, but the evidence is unclear, at best, whether Adams’s mortgage was meant to be part of that transfer.

Either way, it was MERS, not NYCB, that assigned the mortgage to another lender, EverBank, in November 2013. EverBank recorded the assignment. Adams had defaulted on the mortgage just before the assignment, in August 2013, so EverBank filed a complaint of foreclosure in August 2014. Adams answered the complaint pro se. But she did not oppose EverBank’s later motion for summary judgment, which the state trial court granted in October 2015. Not long after, EverBank assigned the mortgage to our Appellee, Nationstar Mortgage, but EverBank continued to litigate the foreclosure without a formal substitution of parties.

Even so, Nationstar, holding itself out as EverBank’s servicer, supported EverBank’s motion for an entry of final judgment, granted in March 2017. The same day, Adams and her husband filed for Chapter 7 bankruptcy, later receiving a discharge before the case was dismissed in September 2017. The year after, Adams filed a Chapter 13 petition, and that bankruptcy court granted her leave to challenge the state-court foreclosure judgment.

So she did. Over the next two years, Adams exhausted her state-court remedies: in 2019, the trial court denied her motion to reconsider the final judgment of foreclosure, ruling

4 that EverBank held the note and could foreclose the mortgage; the Appellate Division affirmed that order in 2020; and soon after, the Supreme Court of New Jersey denied her discretionary appeal.

Affirming the trial court’s denial of reconsideration, the Appellate Division held that (1) under New Jersey law, either “possession of the note or an assignment of the mortgage that predated the original [foreclosure] complaint confer[s] standing” in a foreclosure action, and (2) even if somewhere along the chain of custody the mortgage or note were improperly assigned, Adams did not have standing to challenge that assignment. (emphasis added) (citations omitted).

Throughout the state-court proceedings, Adams and her husband argued EverBank could not foreclose the mortgage because it did not hold it—they believed it had been transferred to NYCB when it took over AmTrusts’s assets and liabilities. For our purposes, we are satisfied that those questions, plus others concerning any other convoluted path of ownership or assignment the Adams mortgage might have taken, were litigated to a final judgment on the merits in the lengthy foreclosure proceedings.

In 2019, after the trial court denied her motion for reconsideration, Adams withdrew her Chapter 13 petition, but her husband filed a Chapter 13 petition in 2021, and she filed one of her own in 2022—all surely to fend off the impending foreclosure sale. We are here as part of Adams’s 2022 Chapter 13 case. Nationstar moved for in rem relief from the automatic stay, which the Bankruptcy Court granted. Adams appealed to the District Court. Throughout, she again challenged whether

5 EverBank (or Nationstar) had standing in the state-court foreclosure proceedings as a proper holder of the mortgage with the right to foreclose. But the District Court affirmed the Bankruptcy Court, then dismissed the appeal for lack of jurisdiction on Rooker-Feldman grounds, reasoning that Adams was asking the federal courts to void a previously entered state-court judgment.

Adams timely appealed in February 2024. Three months later, she and her husband paid more than $400,000 at the sheriff’s foreclosure sale to buy back the house.

II. JURISDICTION AND STANDARD OF REVIEW

The Bankruptcy Court had jurisdiction under 28 U.S.C. §§ 157(b) and 1334(b), the District Court had jurisdiction under 28 U.S.C. § 158(a), and we have jurisdiction over the District Court’s order under 28 U.S.C. §§ 158(d) and 1291.

Though this is an appeal of a District Court decision, we review the Bankruptcy Court’s decision “unfettered” by the District Court ruling. In re Gilbert, 120 F.4th 114, 121 (3d Cir. 2024) (quotation omitted). In doing so, we review the Bankruptcy Court’s decision to lift the stay for abuse of discretion.

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