Supreme Court of the United States · Official docket →
Multiventas y Servicios, Inc., et al. v. Oriental Bank
Paid petition · Supreme Court of Puerto Rico, No. CC-2019-0839 · judgment December 20, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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In an action for collection of monies and foreclosure where the plaintiff is neither owner, nor holder, nor possessor of the promissory note, if the plaintiff lacks standing to sue?
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If the plaintiff lacks standing, the Court lacks jurisdiction; if the Court lacks jurisdiction, the dismissal of the complaint is due because the case is not justiciable; in the absence thereof, if it is appropriate to provide relief from Judgment?
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Is a plaintiff who has no standing in an action is subject to a jurisdictional dismissal since (i) courts have jurisdiction only over controversies that involve the plaintiff, (ii) a plaintiff found to lack “standing” is not involved in a controversy, and (iii) the courts therefore have no jurisdiction of the case when such plaintiff purports to bring it?
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Whether, in accordance with Uniform Commercial Code (UCC) regulations, the plaintiff in an action for collection of monies and mortgage foreclosure can be the owner, holder or possessor of a promissory note (defined and regulated by UCC Section 3) that has been converted—along with other hundreds or thousands of promissory notes—into a new kind of instrument called Securities (defined and regulated by UCC Section
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after the process of Securitization?
Counsel of record
For petitioner
Grace Monge-La Fosse
Monge La Fosse, Attorneys & Counselors at Law, PSC
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- May 18 2020Petition DENIED.
- Apr 22 2020DISTRIBUTED for Conference of 5/15/2020.
- Mar 03 2020Petition for a writ of certiorari filed. (Response due April 6, 2020)