Marian Tipp v. JPMC Specialty Mortgage, LLC

── Marian Tipp v. JPMC Specialty Mortgage, LLC ── Court: Court of Appeals for the Eleventh Circuit Date: May 15, 2026 Category: NEW USCA11 Case: 25-10245 Document: 36-1 Date Filed: 05/15/2026 Page: 1 of 13 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-10245 Non-Argument Calendar ____________________ MARIAN S. A. TIPP, Plaintiff-Appellant, versus JPMC SPECIALTY MORTGAGE, LLC, JP MORGAN CHASE BANK NA, CHASE HOME FINANCE, LLC, Defendants-Appellees. ____________________ Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:20-cv-00317-TFM-N ____________________ Before JORDAN, JILL PRYOR, and BRANCH, Circuit Judges. PER CURIAM: USCA11 Case: 25-10245 Document: 36-1 Date Filed: 05/15/2026 Page: 2 of 13 2 Opinion of the Court 25-10245 Marian Tipp appeals the denial of her motion for reconsid- eration of an order denying her motion for leave to file a new com- plaint. After review, we affirm. I Because it provides relevant background, we set out Ms. Tipp’s litigation history at some length. The events leading to this appeal started in 2009 when JP Morgan1 foreclosed on a property located at 11101 Ben Hamilton Road in Grand Bay, Alabama, which was then owned by Caroline Sims, the sister of Ms. Tipp. At the foreclosure auction, JP Morgan bid the highest amount and ob- tained title to the property. When Ms. Sims refused to relinquish the property, JP Morgan initiated an ejection action against Ms. Sims in the circuit court of Mobile County, Alabama. About a month later, Ms. Sims signed a quitclaim deed transferring any rights she may have in the property to Ms. Tipp. The quitclaim deed explained that the property was subject to the foreclosure deed, which had already been recorded. Ms. Tipp then filed an intervenor complaint in the ejection action against Ms. Sims, alleging wrongful foreclosure, slander of title, trespass, and trespass to chattels. JP Morgan moved to strike or, in the alternative, to dismiss Ms. Tipp’s complaint in interven- tion, asserting that she had no valid legal interest in the property. The circuit court granted JP Morgan’s motion to dismiss, and Ms. 1 For simplicity, we refer to JPMC Specialty Mortgage, LLC; JP Morgan Chase Bank, N.A.; and Chase Home Finance, LLC, collectively as JP Morgan. USCA11 Case: 25-10245 Document: 36-1 Date Filed: 05/15/2026 Page: 3 of 13 25-10245 Opinion of the Court 3 Tipp did not appeal. Shortly thereafter, JP Morgan dismissed the ejection action after receiving notice that Ms. Sims had vacated the property. About a year later, Ms. Tipp filed a new lawsuit in the same state circuit court, asserting wrongful foreclosure, slander of title, trespass, trespass to chattels, and fraud on the court, and seeking a declaratory judgment that she was the lawful owner of the prop- erty. JP Morgan moved for summary judgment, asserting that her claims were barred by res judicata and that she had no valid legal interest in the property. The circuit court agreed and granted JP Morgan summary judgment. Ms. Ti