Francis J., Sampson Jr. v. U.S. Bank National Association

Whether the Ninth Circuit ruling that FIRREA applies to creditors only and not to debtors, or whether this First Circuit ruling applying FIRREA to debtors is correct. Whether the court below erroneously Affirmed [without issuing any Opinion] the District Court finding that the Petitioner's request for Declaratory Judgment failed to state a claim for the entitlement for his relief under a 12(b)(6) attack. In issuing its Affirmance of the District Court, the First Circuit also failed to examine open issues related to the Washington Mutual Bank Failure, and subsequent takeover by the Federal Depository Insurance Corporation, where the District Court allowed dismissal of the Petitioner's complaint solely on the basis of the Jurisdictional Bar of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA"). Where the First Circuit failed to consider the effect of the FIRREA Claims procedure, which only provides notice to "Creditors". Thus, in a "non-judicial" foreclosure jurisdiction such as Massachusetts, the First Circuit failed to properly consider the Constitutional implications of the Petitioner being precluded from ever being able to present a defense to retain his title to real property. Whether the Court below failed to properly consider the fact that the Defendants admit that Plaintiff's mortgage loan was purportedly "sold" to the Defendant Trustee, prior to the Failure of Washington Mutual Bank. Under Massachusetts state law, the