No. 20-505

Shlomit Ruttkamp v. Bank of New York Mellon, fka The Bank of New York

Lower Court: Connecticut
Docketed: 2020-10-19
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 14th-amendment bankruptcy civil-procedure due-process foreclosure property-rights real-property standing subject-matter-jurisdiction
Latest Conference: 2021-02-19 (distributed 2 times)
Question Presented (from Petition)

Whether subject matter jurisdiction should be waived when the book of law and the rules of law claim to the contrary. Whether, on the face of the record and based on the new evidence presented in the motion to dismiss filed January 29, 2020, the trial court is without jurisdiction.

II. Whether the Connecticut courts of appeals correctly applied the law and could have reasonably reached the conclusion that they did granting the Plaintiff-Appellee's motion to dismiss appeal and denying petition for certification for review from the Connecticut Supreme Court, even though in the light of the new evidence (docket entry no. 247.00) presented in the motion to dismiss filed January 29, 2020, the trial court is without jurisdiction.

III. A judicial officer cannot constitutionally take a real property of a homeowner based upon foreclosure mortgage to which the homeowner was not an obligor/mortgagor, and the note ruled unenforceable as a matter of law, without a violation of the due process clause of the 14th Amendment to the United States Constitution and Article First, Section 10 of the Connecticut Constitution.

Question Presented (AI Summary)

Whether subject matter jurisdiction should be waived

Docket Entries

2021-02-22
Rehearing DENIED.
2021-01-20
DISTRIBUTED for Conference of 2/19/2021.
2021-01-05
Petition for Rehearing filed.
2020-12-14
Petition DENIED.
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-11-16
Waiver of right of respondents Bank of New York Mellon, et al. to respond filed.
2020-10-07
Petition for a writ of certiorari filed. (Response due November 18, 2020)

Attorneys

Bank of New York Mellon, et al.
Dorothy Ann DavisEckert Seamans Cherin & Mellott, LLC, Respondent
William Ruttkamp
Shlomit Ruttkamp — Petitioner