Lewis Archer v. America's First Federal Credit Union

Thousands of families are being put out of their homes by way of a RESPA (Real Estate Settlement Procedure Act) loophole found in Non-Judicial foreclosure State Courts such as Alabama. According to this loophole, a mortgagee’s failure to comply with federal loss-mitigation regulations cannot be asserted as a defense in an ejectment action in Non-Judicial State Courts. In addition, there is currently a conflict among U. S. Circuit Courts of Appeals concerning equitably tolling of the Statute of Limitation in RESPA cases such as this one. This is yet to be addressed by the U. S. Supreme Court. The four questions before the United States Supreme Court are^ 1. Does the fact that there is “no defense for Federal Mitigation wrongdoing by lenders in non-judicial State court” while such defense naturally exists in federal court, violate the Equal protection clause of the Fourteenth Amendment?