No. 20-94
Martin Dekom v. Nationstar Mortgage, LLC
Tags: civil-procedure court-intervention due-process foreclosure foreclosure-procedure judicial-rulemaking legal-burden rulemaking-power standing statutory-interpretation statutory-requirements
Latest Conference:
2020-09-29
Question Presented (from Petition)
A county court in New York invented a legal process which streamlines foreclosure by removing statutory requirements and motions. Can a court of its own interstitial rulemaking power supplant or replace the legislative scheme?
In New York, after a summons and complaint is served, a party cannot defend himself until he or the plaintiff files and pays for a Request for Judicial Intervention (RJI), regardless of the time set by the summons. Is this a permissible burden of Due Process?
Question Presented (AI Summary)
Can a court of its own interstitial rulemaking power supplant or replace the legislative scheme?
Docket Entries
2020-10-05
Petition DENIED.
2020-09-09
DISTRIBUTED for Conference of 9/29/2020.
2020-07-22
Petition for a writ of certiorari filed. (Response due August 28, 2020)
Attorneys
Martin Dekom
Martin Dekom — Petitioner