Jason Vicks, et ux. v. Ocwen Loan Servicing, LLC, et al.

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.