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Amanda D. Tucker v. LCP-Maui, LLC
Paid petition · Intermediate Court of Appeals of Hawaii, No. 15-109 · judgment February 28, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Does a State's judge-made common law foreclosure practice violate Due Process of Law that calculates lfre amount of deficiency judgments afler conflrrmation of a forced auction sale by merely mathematically subtracting the net proceeds of a judicial foreclosure from the amount owed to a loreclosing plaintiff regardless of any evidence of the true value of the foreclosed property at sale confi.rmation, resutting in widespread forfeiture of otherwise trillions of dollars of surplus equity of tens of millions of homeowners nationally, inconsistent with Justice Douglas' admonition in Gelfett v, National City Bank of New York,313 U.S. 221,232- n3 í941), that "[mlortgagees are constitutionally entitled to no more than payment in full'?
Counsel of record
For petitioner
Gary Victor Dubin
Dubin Law Offices
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 13 2018Petition DENIED.
- Oct 24 2018DISTRIBUTED for Conference of 11/9/2018.
- Sep 04 2018Petition for a writ of certiorari filed. (Response due October 11, 2018)