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Vivian L. Rader, et vir v. Citibank, N.A., et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-1208 · judgment March 18, 2019

Certiorari denied · October 7, 2019

Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Is Colorado’s system of non-judicial foreclosure (Co. Rev. Stat. §38-38-101 (2016) in conjunction with Rule 120) unconstitutional under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution because it provides no pre-taking means for a homeowner to discover facts and/or present relevant evidence to determine if the party foreclosing on the property is the holder of the note?

For petitioner
David John Schmidt Madgett
MADGETT & KLEIN, PLLC

For respondent
Cynthia Dawn Lowery-Graber
Bryan Cave Leighton Paisner, LLP

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Oct 07 2019
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
Aug 14 2019
DISTRIBUTED for Conference of 10/1/2019.
Aug 07 2019
Waiver of right of respondent Citibank, N.A., et al. to respond filed.
Jul 12 2019
Petition for a writ of certiorari filed. (Response due August 15, 2019)