No. 24-212

Lewis Archer v. America's First Federal Credit Union, et al.

Lower Court: Alabama
Docketed: 2024-08-27
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: due-process equal-protection fourteenth-amendment judicial-procedure property-rights state-court-jurisdiction
Latest Conference: 2024-11-15 (distributed 2 times)
Question Presented (from Petition)

Does the reversal of the ORDER of Sept. 1, 2021, [without due process], that granted Lewis Archer and his family the deed to their home of 30 years violate Mr. Archer's right to due process of law under Section 1 of the 14th Amendment to the Constitution of the United States of America?

Does the reversal of the ORDER of Sept. 1, 2021, [without due process], that granted Lewis Archer and his family the deed to their home of 30 years violate Mr. Archer's right to equal protection of the laws under the equal protection of the laws clause of Section 1 of the 14th Amendment to the Constitution of the United States of America?

Does the Alabama Supreme Court setting aside Alabama Code §12-3-10 concerning the Alabama Court of Civil Appeals not having original jurisdiction over matters in excess of $50,000, such as the Archers' home which was transferred to JPM Dream Homes LLC. for $150,000, violate Mr. Archer's right to due process of law under Section 1 of the Fourteenth Amendment to the Constitution of the United States of America?

Does the Alabama Supreme Court setting aside Alabama Code §12-3-10 that states that The Alabama Court of Civil Appeals does not have original jurisdiction over matters in excess $50,000, such as the Archer's home which was transferred to JPM Dream Homes LLC. for $150,000, violate the equal protection of laws clause under Section 1 of the Fourteenth Amendment to the Constitution of the United States of America?

Does the Alabama Supreme Court setting aside Alabama Code §12-2-7(6) concerning transferring cases in excess of $50,000 to the Alabama Court of Civil Appeals for jurisdiction to exist, such as the Archer's home which was transferred to JPM Dream Homes LLC. For $150,000 violate Mr. Archer's right to due process of law under the Fourteenth Amendment to the Constitution of the United States of America?

Does the Alabama Supreme Court setting aside Alabama Code §12-2-7(6) concerning transferring cases in excess of $50,000 to the Alabama Court of Civil Appeals for jurisdiction to exist, such as the Archer's home which was transferred to JPM Dream Homes LLC. For $150,000, violate Mr. Archer's right to equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States of America?

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?

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 Federal "Supremacy Clause" in the Second paragraph of Article VI of the US Constitution?

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 non-judicial 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?

Question Presented (AI Summary)

Whether the Alabama Supreme Court's reversal of a lower court's order granting a deed to the Archers violates their constitutional rights to due process and equal protection under the Fourteenth Amendment

Docket Entries

2024-11-18
Rehearing DENIED.
2024-10-30
DISTRIBUTED for Conference of 11/15/2024.
2024-10-17
2024-10-07
Petition DENIED.
2024-09-11
DISTRIBUTED for Conference of 9/30/2024.
2024-09-05
Waiver of America's First Federal Credit Union of right to respond submitted.
2024-09-05
Waiver of right of respondent America's First Federal Credit Union to respond filed.
2024-09-04
Waiver of JPM Dream Homes and Investments, LLC of right to respond submitted.
2024-09-04
Waiver of right of respondents JPM Dream Homes and Investments, LLC to respond filed.
2024-08-09
Petition for a writ of certiorari filed. (Response due September 26, 2024)

Attorneys

America's First Federal Credit Union
Sanford Graham HooperLightfoot Franklin & White, Respondent
JPM Dream Homes and Investments, LLC
Austin Eugene JamesFidelity National Law Group, Respondent
Lewis Archer
Lewis Acher — Petitioner