No. 22-5797

Marie C. Russo v. Wells Fargo Bank, N.A. as Trustee on Behalf of the Holders of the Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2006-12

Lower Court: New Mexico
Docketed: 2022-10-07
Status: Denied
Type: IFP
IFP
Tags: due-process fair-adversarial-process jurisdiction stare-decisis constitutional-rights due-process foreclosure judicial-jurisdiction stare-decisis substantive-due-process
Latest Conference: 2022-12-09
Question Presented (from Petition)

Whether the Judiciary of the State of New Mexico violated my right of substantive due process pursuant to the XIVth Amendment of the U.S. Constitution thereby depriving me of fair adversarial process when the lower court (the "2016 Case") issued a summary foreclosure judgment against me even though it lacked jurisdiction to do so as a result of a different court's (the "2011 Case") order that stripped the 2016 Case of decisional authority, and the 2016 Court issued that judgment in disregard of the applicable State's laws; and then the State's Court of Appeals (the "NMCA") chose to not address the timely raised due process issue and to disregard, without explanation, several of the State's precedential decisions contrary to the State's requirement that departure from a precedential decision required demonstration of compelling justification; and then the State's Supreme Court (the "NMSC") chose, by its denial of my timely filed petition for a writ of certiorari, to not address this due process issue, violations of the State's well established stare decisis law, and the whimsical or biased determinations and conduct demonstrated by the district court and the NMCA.

Question Presented (AI Summary)

Whether the Judiciary of the State of New Mexico violated my right of substantive due-process

Docket Entries

2022-12-12
Petition DENIED.
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 7, 2022)

Attorneys

Marie C. Russo
Marie C. Russo — Petitioner