Supreme Court of the United States · Official docket →
Jason Vicks, et ux. v. Ocwen Loan Servicing, LLC, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1786 · judgment November 27, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether borrowers have the right under the Due Process Clause of the Fourteenth Amendment to contest residential foreclosures pursued by loan servicers that create unauthorized mortgage loan accounts after the lender has zeroed out the debt and informed a State Commissioner of Bank in response to a complaint that they will no longer pursue the foreclosure action. Whether the NC Supreme Court in Re: Foreclosure of Lucks is binding on the courts in its finding that the Rules of Civil Procedure do not apply to power of sale, or non-judicial foreclosures proceedings including the initial proceeding and the proceeding before the Superior or district court, thus res judicata and collateral estoppel do not apply.
Counsel of record
For petitioner
Jason Vicks
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 01 2018Petition DENIED.
- Jul 25 2018DISTRIBUTED for Conference of 9/24/2018.
- Mar 31 2018Petition for a writ of certiorari filed. (Response due July 12, 2018)