No. 18-7508

Patrick Brooks v. Pinnacle Financial Corporation, et al.

Lower Court: Ninth Circuit
Docketed: 2019-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights consumer-protection due-process foreclosure home-rescission jesinoski-v-countrywide-home-loans res-judicata rescission supreme-court-precedent truth-in-lending-act
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-03-15
Question Presented (from Petition)

Whether, where the right to foreclose is extinguished as a matter of law by federal statute and as clarified in a unanimous Supreme Court decision, and a home owner's home is foreclosed upon, a lender can use res judicata to bar examination of an invalid foreclosure that was barred by federal consumer protection law.

Question Presented (AI Summary)

Whether a lender can use res-judicata to bar examination of an invalid foreclosure that was barred by federal-consumer-protection-law

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-28
Supplemental brief of petitioner Patrick Brooks filed. (Distributed)
2019-02-13
Brief of respondent Nanette Karapetian; Varougan Karapetian; Vincent Karapetian in opposition filed.
2019-01-29
Waiver of right of respondents Mortgage Electronic Registration Systems, Inc.; Bank of New York Mellon Trust Company, National Association; and Residential Asset Mortgage Products Inc., Series 2006-RS1 Trust to respond filed.
2018-06-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2019)

Attorneys

Mortgage Electronic Registration Systems, Inc.; Bank of New York Mellon Trust Company, National Association; and Residential Asset Mortgage Products Inc., Series 2006-RS1 Trust
Kerry William FranichSeverson & Werson, Respondent
Nanette Karapetian; Varougan Karapetian; Vincent Karapetian
Gary Alan StarreStarre & Cohn, Respondent
Patrick Brooks
Patrick Brooks — Petitioner