Supreme Court of the United States · Official docket →
Mark Anthony Fornesa, et al. v. Fifth Third Mortgage Company
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-20324 · judgment July 27, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Under Federal law, 11 U.S.C. § 362(a), do Fifth Third Mortgage company and Fifth Third Bank ("Fifth Third") have a right to seize a property from debtor's bankruptcy estate without seeking relief from the bankruptcy court that resulted to eviction that caused debtor's two major surgeries with costs of $18,816.25 and $43,980.00? Pursuant to Federal law, 18 U.S.C. § 371, did Fifth Third create an offense to defraud the United States by the use of third parties to reach target of fraud that resulted to willful foreclosure of Debtors who are the Registered Owners of the property during the time of foreclosure on May 5, 2015? Did Fifth Third's seizure of Debtors' property inflict irreparable damages with no available legal remedies to afford compensation for two major surgeries Ricardo Fornesa Jr. suffered "but for" the unlawful taking of the property on February 28, 2018 forcing them to leave the premises that warrants judicial review of constitutional validity of government actions if the Fourth Amendment was violated to determine if the seizure was legal? Is it certworthy for a judicial review in order to reverse the affirmance of the Court of Appeals Fifth Circuit to let Judge Nancy F. Atlas who STAYED the case on January 18, 2018 in Case No. 4:17-cv-2728 to continue the trial of this case to examine the facts and evidence if Debtors are in automatic stay during the foreclosure or not on May 5, 2015 as well as to determine if the foreclosure was willful and the eviction was unlawful when there is evidence of fraud of altering government document and filing of false affidavit?
Counsel of record
For petitioner
Ricardo Fornesa Jr.
For respondent
Richard Dwayne Danner
McGlinchey Stafford PLLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 05 2019Rehearing DENIED.
- Jul 11 2019DISTRIBUTED.
- Jul 03 2019Petition for Rehearing filed.
- Jun 17 2019Petition DENIED.
- May 28 2019DISTRIBUTED for Conference of 6/13/2019.
- May 16 2019Waiver of right of respondent Fifth Third Mortgage Company, et al. to respond filed.
- May 08 2019Supplemental brief of petitioners Mark Anthony Fornesa, et al. filed.
- Nov 28 2018Petition for a writ of certiorari filed. (Response due May 28, 2019)