Does a mortgagor have standing to assert a declaratory judgment claim?

MultiRegion, United States of America

The following excerpt is from Macias v. Ocwen Loan Servicing, LLC, No. 17-902 (2nd Cir. 2017):

We conclude that Macias lacks standing to assert his declaratory judgment claim. Where, as here, a mortgagor does not dispute that he is in default and does not allege multiple payment demands from different putative lenders, his injury from an allegedly invalid assignment is "entirely hypothetical" and therefore insufficient to confer Article III standing. Rajamin, 757 F.3d at 85-86. Moreover, Macias offers no argument to support his contention that the district court abused its discretion in deciding that, even if Macias did have standing, it would exercise its discretion to decline jurisdiction over the declaratory judgment claim. We consider this argument forfeited. See Tolbert v. Queens Coll., 242 F.3d 58, 75 (2d Cir. 2001) ("It is a settled appellate rule that issues adverted to in a perfunctory manner, unaccompanied by some effort at

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developed argumentation, are deemed waived." (internal quotation marks omitted)). Macias's declaratory judgment claim was therefore properly dismissed.

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