No. 18-473

John Davis v. Deutsche Bank National Trust Co., et al.

Lower Court: Tenth Circuit
Docketed: 2018-10-12
Status: Denied
Type: Paid
Response Waived
Tags: conclusive-presumptions constitutional-law creditor-standing due-process eviction foreclosure foreclosure-statute judicial-immunity property-rights standing summary-judgment
Latest Conference: 2019-01-04
Question Presented (from Petition)

1. Whether foreclosure and eviction of homeowners, by virtue of statutory conclusive presumptions that allow courts to deem a creditor's ownership without proof or a homeowner's ability to dispute an alleged creditor's standing, and property to be taken in a limited summary judgment proceeding based on reasonable probability of default, deprive homeowners of due process.

2. Whether an agreement to act in concert by two foreclosure attorneys, benefitting themselves and creditors, is implied when they become de facto legislative staff attorneys who act to statutorily eliminate alleged creditors' burden of proof.

3. Whether violations of clearly established constitutional law and Colorado's foreclosure practice as non-adjudicative, non-adversarial, and a limited eviction proceeding, renders judges and public trustees without judicial and qualified immunity and therefore subject to §1983 damages along with other defendants.

Question Presented (AI Summary)

Whether foreclosure and eviction of homeowners, by virtue of statutory conclusive presumptions that allow courts to deem a creditor's ownership without proof or a homeowner's ability to dispute an alleged creditor's standing, and property to be taken in a limited summary judgment proceeding based on reasonable probability of default, deprive homeowners of due process

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-06
Waiver of right of respondent Lawrence E. Castle (corporate and individual capacity) to respond filed.
2018-10-30
Waiver of right of respondents Cynthia Mares, Arapahoe County Public Trustee and Christina Whitmer, Public Trustee of Grand County to respond filed.
2018-10-24
Waiver of right of respondents Deutsche Bank National Trust Co., et al. to respond filed.
2018-10-03
Waiver of right of respondent Judge Elizabeth Weishaupi to respond filed.
2018-09-28
Petition for a writ of certiorari filed. (Response due November 13, 2018)

Attorneys

Cynthia Mares, Arapahoe County Public Trustee and Christina Whitmer, Public Trustee of Grand County
Monica N. KovaciArapahoe County Attorney's Office, Respondent
Deutsche Bank National Trust Co., et al.
Cynthia Dawn Lowery-GraberBryan Cave Leighton Paisner, LLP, Respondent
John Davis
Jon Dennis PelsThe Pels Law Firm, LLC, Petitioner
Judge Elizabeth Weishaupi
Patrick L. SayasColorado Department of Law, Office of the Attorney General, Respondent
Lawrence E. Castle (corporate and individual capacity)
Phillip August VaglicaVaglica & Associates, LLC, Respondent