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Paul V. Cannon v. Bank of America, National Association, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 18-1036 · judgment February 21, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Taking the allegations in Mr. Cannon’s Complaint as true, did the District Court properly dismiss the Complaint for failure to state a claim upon which relief may be granted?

  2. If a borrower’s loan has been securitized, does he no longer have the right to full disclosure regarding who receives his mortgage payments, in what amounts, and under what terms?

  3. If, because of securitization, a borrower’s mortgage payments are used in ways which are foreign to the terms stated in the loan documents he executed, are those receiving his money unjustly enriched?

  4. Does a borrower remain obligated to the terms and conditions stated in the loan documents if the “lender” and/or its successor(s) breached the obligations on the lender side?

Counsel of record

For petitioner
Paul V. Cannon

For respondent
Christine Marianne Kingston
Nelson Mullins Riley & Scarborough LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Aug 28 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 14 2019
    Brief of respondent Bank of New York Mellon as Trustee for CWABS Asset-Backed Certificates Trust 2007-9, and Specialized Loan Servicing LLC in opposition filed.
  4. May 22 2019
    Petition for a writ of certiorari filed. (Response due August 15, 2019)