No. 20-1509

Pamela Timbes v. Deutsche Bank National Trust Company, as Indenture Trustee

Lower Court: Georgia
Docketed: 2021-04-28
Status: Dismissed
Type: Paid
Tags: article-iii-standing collateral-estoppel discretionary-appeal due-process fourteenth-amendment georgia-rico mortgage-fraud property-rights res-judicata standing
Key Terms:
AdministrativeLaw DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2021-06-24
Question Presented (from Petition)

1. Whether the stated claims for relief of this Case arising directly under the due process clause of the Fourteenth Amendment of the United States Constitution can be circumvented by unconstitutional departures from established law and procedures?

A. Whether or not the State of Georgia has abridged Timbes ' privileges or immunities by making and/or enforcing the Discretionary Appeal Process under O.C.G.A. § 5-6-35, which has allowed arbitrary denial of appeal without reason?

B. Whether Timbes ' having been deprived of her property without due process of law, and having been denied equal protection of the laws, is a violation the Fourteenth Amendment to the United States Constitution, Section 1?

2. Whether alleging creditors with no proven ownership in the subject property have Article III standing to have brought a dispossessory action and/or to have moved for Summary Judgment and/or to have moved to dismiss Timbes ' Counterclaim, which lawsuit challenges a state-regulated, non-judicial foreclosure as void for violation of Georgia law requiring that a valid assignment be filed prior to foreclosure, and/or for mortgage fraud under the Georgia RICO Act, and/or for violation of the Trust 's PSA?

Question Presented (AI Summary)

Whether the stated claims for relief of this Case arising directly under the due-process clause of the Fourteenth Amendment of the United States Constitution can be circumvented by unconstitutional departures from established law and procedures

Docket Entries

2021-06-10
Petition Dismissed - Rule 46.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-08
Motion to dismiss pursuant to Rule 46.2 filed.
2021-02-23
Petition for a writ of certiorari filed. (Response due May 28, 2021)

Attorneys

Pamela Timbes
Pamela M. Timbes — Petitioner