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Cendant Mortgage

10637 McClemont Ave, Tujunga, Homes for Sale

cel:818.262.5446 email:800041.lead@cendant.lead router.com Shelley Rizzotti cel:818.516.6409 email:800041.lead@cendant.lead router.com Ewing &amp ...

Federal National Mortgage Assoc v. Jennifer Mendel

Lot One (1), except therefrom the following: Beginning at an iron stake at the Southwest corner of Lot 2, Block 23, Antlers Park, thence running East along the South line of Lot 2, Block 23, Antlers Park, 388 feet to the Southeast corner of said Lot 2, thence South 4 feet along the East line of said Lot 1, thence Southwest 394 feet, more or less, to the West line of said Lot 1, thence North along said West line 30 feet to the point of beginning; and Lot Two (2), excepting therefrom that part thereof lying South of a line running parallel to and 10 feet Northerly-of the South line of said Lot 2, Subdivision of Lot One (1), Block Twenty-Three (23), Antlers Park, the North and East lines of which exception are marked by judicial landmarks set in Court File No. C0-07-11388; together with an easement for driveway purposes over the following described parcel: Beginning at a judicial landmark set in Court File No. C0-07-11388 to mark the intersection of the East line of Lot 2, SUBDIVISION OF LOT 1, BLOCK 23, ANTLERS PARK and the Easterly extension of a line running parallel to and 10 feet Northerly of the South line of said Lot 2; thence South 61 degrees 00 minutes 00 seconds West along a line marked by judicial landmarks set in Court File No. C0-07-11388 a distance of 56 feet; thence South 29 degrees 00 minutes 00 seconds East to a line marked by judicial landmarks set in Court File No. C0-07-11388 to mark the South line of said Lot 2; thence North 61 degrees 00 minutes 00 seconds East to a judicial landmark set in Court File No. C0-07-11388 to mark the Southeast corner of said Lot 2; thence North 3 degrees 49 minutes 26 seconds East to the point of beginning. THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $342,932.

Opinion analysis: Unanimous court rejects federal jurisdiction for Fannie Mae

As the opinion explains, the Supreme Court has decided five earlier cases in which litigants claimed that a charter enacted by Congress granted “party-based” jurisdiction over all cases to which the entity was a party. Those charters typically contain a clause authorizing the entity to “sue and be sued,” confirming the status of the entity as a juridical person, but occasionally the sue-and-be-sued clause includes broader language that arguably includes a grant of federal jurisdiction as well. Two of those earlier cases held that the charters did not grant jurisdiction; three of the cases held that the charters did grant jurisdiction.

The opinion here starts from a summary of those cases in the most recent of the five opinions (a 1992 case involving the Red Cross), which explains that a charter “may be read to confer federal court jurisdiction if, but only if, it specifically mentions the federal courts.” In that case, the court discerned a grant of jurisdiction in a charter that authorized the Red Cross to “sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States.”