Jonnaven Jo Monalim, et ux. v. HawaiiUSA Federal Credit Union

This Petition asks this Court to decide two important related questions of American constitutional law that have heretofore been virtually ignored for more than two centuries while hundreds of millions of property owners throughout the United States through foreclosure deficiency judgments have collectively forfeited countless trillions of dollars in the equity in their properties, causing equally divided state court decisions, and equally divided federal court decisions applying state foreclosure deficiency laws based on antiquated English common law!

1. Does the centuries old English common law procedure, adopted sub silentio within State constitutions upon their admission to the Union, which calculates the amount of a foreclosure deficiency judgment following sale confirmation by subtracting from the amount owed the forced sale price rather than the true market value of the real property sold without an evidentiary hearing, violate lhe Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution, or as Justice Douglas' admonished in GeLfefi v, National City Bank of New York, 313 U.S. 221, 232' ng $94I), are mortgagees "constitutionally entitled to no more than payment in full"?

2. Does it violate the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution for a State court, after deciding, as now one-half have done, that the English common law procedure for calculating a foreclosure summary judgment is unfair and unjust, to nevertheless refuse to apply its holding to the successful, prevailing property owners in this case, the Monalims. on direct appeal, or retroactively to refuse to apply its decision to past property owners on collateral review where that constitutional defense was properly raised?