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Ian Ornstein v. Bank of America, N.A., et al.

Paid petition · Court of Appeals of Arizona, Division One, No. 1 CA-CV 16-0220 · judgment April 20, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Is Wrongful Foreclosure a violation of the Fourth Amendment of the United States Constitution and, if so, how can a wrongfully foreclosed homeowner have his unlawfully removed rights and possessions restored with the minimum of further emotional distress and, if so, to what exemplary degree should the wrongfully foreclosing entity be sanctioned, and ordered to pay punitive damages? Does a lender or creditor have the right to foreclose on a citizen's home if the lender has violated 15 U.S.C. 1638(f), and 15 U.S.C. 1639c(h), inter alia? i_I.

Counsel of record

For petitioner
Ian Ornstein

For respondent
C. Bradley Vynalek
Quarles & Brady LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jun 13 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jun 08 2018
    Waiver of right of respondent Bank of America, N.A. to respond filed.
  4. May 30 2018
    Waiver of right of respondents Select Portfolio Servicing, Inc. and Bank of New York Mellon to respond filed.
  5. Jan 13 2018
    Petition for a writ of certiorari filed. (Response due June 18, 2018)