No. 20-1525

Lewis Archer v. America's First Federal Credit Union

Lower Court: Eleventh Circuit
Docketed: 2021-05-03
Status: Denied
Type: Paid
Tags: equal-protection equitable-tolling non-judicial-foreclosure respa statute-of-limitations supremacy-clause
Latest Conference: 2021-06-24
Question Presented (from Petition)

Does the fact that there is "no defense for Federal Mitigation wrongdoing by lenders in non-judicial State court " while such defense naturally exists in federal court, violate the Equal protection clause of the Fourteenth Amendment?

2. Does the fact that there is "no defense for Federal Mitigation wrongdoing bv lenders in non-judicial State court " while such defense naturally exists in federal court, violate the Federal "Supremacy Clause " in the Second paragraph of Article VI of the US Constitution?

3. Since a lender can stretch its RESPA abuse such as Dual-Tracking over many months or years to use up the victim 's three-year Statute of Limitation Period, in this case 19 months of dual-Tracking followed by a nonjudicial state court procedure stretched for 2 years, should Equitable Tolling of the Statute of Limitation be applied in RESPA (Real Estate Settlement Procedure Act) cases?

4. Does issuing a State Writ of Possession, before the Federal Mitigation wrong doings are addressed in a proper jurisdiction, violate the Federal "Supremacy Clause " in the Second paragraph of Article VI of the US Constitution?

Question Presented (AI Summary)

Whether the lack of a defense for federal mitigation wrongdoing by lenders in non-judicial state courts violates the Equal Protection Clause and Supremacy Clause

Docket Entries

2021-08-23
Rehearing DENIED.
2021-07-29
DISTRIBUTED.
2021-07-08
2021-06-28
Petition DENIED.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-03
Reply of petitioner Lewis Archer filed.
2021-05-26
Brief of respondent America's First Federal Credit Union in opposition filed.
2021-04-28
Petition for a writ of certiorari filed. (Response due June 2, 2021)

Attorneys

America's First Federal Credit Union
Sanford Graham HooperLightfoot Franklin & White, Respondent
Lewis Archer
Lewis Archer — Petitioner