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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


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

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

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 25 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Mar 31 2018
    Petition for a writ of certiorari filed. (Response due July 12, 2018)