No. 19-8241

Joseph Llewellyn Worrell v. Emigrant Mortgage Company, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-04-10
Status: Denied
Type: IFP
IFP
Tags: bankruptcy bankruptcy-stay civil-rights due-process foreclosure foreclosure-proceedings mortgage-security preemption servicemembers-civil-relief-act summary-judgment
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2020-06-11
Question Presented (from Petition)

Whether a mortgage security instrument created six days before the underlying promissory note is sufficiently executed provides sufficient standing to foreclose in summary proceedings without violating due process. Further, how long can a valid uniform mortgage security instrument predate an underlying loan note?

Does the "prepetition status quo ante " mandate of the bankruptcy Code dismissal statute, at § 349(b)(3), extinguish unapproved postpetition sales and other self-help remedies -- including independent actions by the foreclosure court to annul or modify the § 362(a) stay without prior consent of the bankruptcy court?

(a) Under what circumstances does § 3932(b) of the Servicemembers Civil Relief Act (SCRA 2003) mandate a statutory or judicial stay, if a stay is requested?

(b) Even if no SCRA stay exists, pursuant to § 3917(a), does immediate dismissal of a Chapter 13 case, without § 1307(c) mandatory notice, dissolves the § 362 stay? lastly,

(c) Whether the mandatory tolling requirement of the SCRA § 3936(b) preempts Fla. Stat. § 45.031(5)? Thus, nullifying any confirmation of a judicial sale expressly intended to terminate protected redemptive rights in real property.

Question Presented (AI Summary)

Whether a mortgage security instrument created six days before the underlying promissory note is sufficiently executed to provide standing to foreclose in summary proceedings without violating due process

Docket Entries

2020-06-15
Petition DENIED.
2020-05-27
DISTRIBUTED for Conference of 6/11/2020.
2019-11-07
Application (19A498) granted by Justice Thomas extending the time to file until August 30, 2019.
2019-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2020)
2019-07-15
Application (19A498) to extend the time to file a petition for a writ of certiorari from July 28, 2019 to August 30, 2019, submitted to Justice Thomas.

Attorneys

Joseph Worrell
Joseph L. Worrell — Petitioner