No. 18-310

Amanda D. Tucker v. LCP-Maui, LLC

Lower Court: Hawaii
Docketed: 2018-09-11
Status: Denied
Type: Paid
Tags: civil-procedure civil-rights deficiency-judgment due-process equity-rights foreclosure gelfert-v-national-city-bank judicial-sale property-rights surplus-equity takings
Latest Conference: 2018-11-09
Question Presented (from Petition)

Does a State's judge-made common law foreclosure practice violate Due Process of Law that calculates the amount of deficiency judgments after confirmation of a forced auction sale by merely mathematically subtracting the net proceeds of a judicial foreclosure from the amount owed to a foreclosing plaintiff regardless of any evidence of the true value of the foreclosed property at sale confirmation, resulting in widespread forfeiture of otherwise trillions of dollars of surplus equity of tens of millions of homeowners nationally, inconsistent with Justice Douglas' admonition in Gelfert v. National City Bank of New York, 313 U.S. 221, 232n3 (1941), that "[m]ortgagees are constitutionally entitled to no more than payment in full"?

Question Presented (AI Summary)

Does a State's judge-made common law foreclosure practice violate Due Process of Law that calculates the amount of deficiency judgments after confirmation of a forced auction sale by merely mathematically subtracting the net proceeds of a judicial foreclosure from the amount owed to a foreclosing plaintiff regardless of any evidence of the true value of the foreclosed property at sale confirmation, resulting in widespread forfeiture of otherwise trillions of dollars of surplus equity of tens of millions of homeowners nationally, inconsistent with Justice Douglas' admonition in Gelfert v. National City Bank of New York, 313 U.S. 221, 232-233 (1941), that [m]ortgagees are constitutionally entitled to no more than payment in full?"

Docket Entries

2018-11-13
Petition DENIED.
2018-10-24
DISTRIBUTED for Conference of 11/9/2018.
2018-09-04
Petition for a writ of certiorari filed. (Response due October 11, 2018)

Attorneys

Amanda Tucker
Gary Victor DubinDubin Law Offices, Petitioner