foreclosure-procedure

6 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5521 Jackie Gaff v. MSNI Advantage, L.P., et al. Fifth Circuit 2023-09-06 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights due-process federal-rules-of-civil-procedure foreclosure foreclosure-procedure non-judicial-foreclosure standing standing-requirement ucc ucc-regulations Question 1: Whether Petitioner's Constitutional Rights and Due Process were violated through Texas non-judicial foreclosure and abuse of FRCP 12(b)(6)…
20-1703 Martin Dekom v. Federal National Mortgage Association, et al. Second Circuit 2021-06-08 Denied Response Waived civil-procedure civil-rights due-process equal-protection foreclosure-procedure judicial-authority judicial-usurpation mortgage-fraud rooker-feldman-doctrine second-amendment standing Can courts alleviate their backlog by letting staffers usurp the authority of judges? Is the Rooker-Feldman doctrine a safe harbor for fraud? Can co…
20-764 Mark E. O'Brien v. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Connecticut 2020-12-03 Denied due-process foreclosure foreclosure-procedure judicial-notice loan-servicer mortgage-note new-evidence procedural-defect standing standing-challenge testimony Were the Defendants ' due process rights violated when they were not given notice of the foreclosure proceeding? Were the Defendants ' due process ri…
20-154 Wayne P. Byzon, et ux. v. PNC Bank, National Association, Successor by Merger to National City Bank Pennsylvania 2020-08-13 Denied Response Waived act-6 act-6-of-1974 act-91 act-91-of-1983 foreclosure foreclosure-procedure homeowner-assistance homeowner-assistance-settlement-act mortgage-company mortgage-notices notices sheriff-sale 1. WHETHER THE MORTGAGE COMPANY'S ACT 6 OF 1974 AND ACT 91 OF 1983 NOTICES WERE ADEQUATE? 2. WHETHER THE COURT ERRED IN NOT APPLYING THE HOMEOWNER AS…
20-94 Martin Dekom v. Nationstar Mortgage, LLC New York 2020-07-29 Denied civil-procedure court-intervention due-process foreclosure foreclosure-procedure judicial-rulemaking legal-burden rulemaking-power standing statutory-interpretation statutory-requirements A county court in New York invented a legal process which streamlines foreclosure by removing statutory requirements and motions. Can a court of its o…
19-81 Vivian L. Rader, et vir v. Citibank, N.A., et al. Tenth Circuit 2019-07-16 Denied Response Waived due-process equal-protection foreclosure-procedure fourteenth-amendment non-judicial-foreclosure property-rights standing takings Is Colorado's system of non-judicial foreclosure (Co. Rev. Stat. §38-38-101 (2016) in conjunction with Rule 120) unconstitutional under the Due Proces…