No. 20-1670

William J. Golz v. Marcia L. Fudge, Secretary of Housing and Urban Development

Lower Court: Tenth Circuit
Docketed: 2021-06-01
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: deed-of-trust equitable-estoppel federal-housing-administration fha-loan forcible-entry foreclosure fourth-amendment housing-law mortgage-foreclosure standing
Key Terms:
SocialSecurity FourthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (from Petition)

1. Whether a Federal Housing Administration (FHA) loan is an important national policy which gives license to a lender's forcible entry and seizure of an occupied home prior to foreclosure and sale and without court order—in violation of a forcible entry and detainer statute (Colo. Rev. Stat. §§ 13-40-101, e¢ seg.) and the Fourth Amendment. Soldal v. Cook County, 506 U.S. 56, 67 (1992); and whether federal courts can enforce an FHA deed of trust signed by a decedent and purportedly granting the lender a possessory right to forcibly enter and direct law enforcement to search an occupied home. Chapman v. United States, 365 U.S. 610 (1961).

2. Whether equitable estoppel will lie to prevent the Secretary of HUD, acting pursuant to the National Housing Act's sue-and-be-sued clause (12 U.S.C. § 1702) as named lender on an FHA-insured loan, from unjustly evading an authorized, written, loan-payoff agreement that meets the requirements of a contract; and if estoppel is a defense to foreclosure, whether facts pleaded that satisfy Federal Rule of Civil Procedure (Rule) 9(b), which include documentation that HUD administrators fraudulently represented agency regulations to reject Petitioner's tender of the loan payoff, can be dismissed on a Rule 12(f) motion prior to discovery.

3. Whether a defendant whom was the former executor and sole devisee of a decedent's estate has standing to appeal the denial of a remedy for his palpable injury traceable to the District Court's affirmative acts asserting administrative authority over a probate estate for an eleven-month period following the defendant-executor's filing in the State Court of a closing statement conforming to state law and executed with his sworn oath that the estate had been fully administered.

Question Presented (AI Summary)

Whether a Federal Housing Administration (FHA) loan is an important national policy which gives license to a lender's forcible entry and seizure of an occupied home prior to foreclosure and sale and without court order—in violation of a forcible entry and detainer statute (Colo. Rev. Stat. §§ 13-40-101, e¢ seg.) and the Fourth Amendment. Soldal v. Cook County, 506 U.S. 56, 67 (1992); and whether federal courts can enforce an FHA deed of trust signed by a decedent and purportedly granting the lender a possessory right to forcibly enter and direct law enforcement to search an occupied home. Chapman v. United States, 365 U.S. 610 (1961)

Docket Entries

2021-12-06
Rehearing DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-10-29
2021-10-04
Petition DENIED.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-08-24
Supplemental brief of petitioner William J. Golz filed.
2021-06-07
Waiver of right of respondent Fudge, Marcia L. to respond filed.
2021-05-13
Petition for a writ of certiorari filed. (Response due July 1, 2021)

Attorneys

Fudge, Marcia L.
Brian H. FletcherActing Solicitor General, Respondent
William J. Golz
William J. Golz — Petitioner