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Mark E. O'Brien v. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust

Paid petition · Appellate Court of Connecticut, No. AC 43004 · judgment March 10, 2020


Certiorari denied · March 8, 2021
Pre-decision estimate: 0% cert probability

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

Question presented

Were the Defendants’ due process rights violated when they were not given notice of the foreclosure proceeding? Were the Defendants’ due process rights violated when the foreclosing party did not have possession of the mortgage promissory note, and for secondary evidence, relied on a fraudulent assignment of mortgage? Can a judicially-supervised foreclosure be allowed where serious doubt has been raised concerning standing of the Plaintiff? Is it incumbent on a Trial Court Justice to make further inquiry when post-trial, new and material evidence has been brought to the Court’s

Counsel of record

For petitioner
Mark Ellis O'Brien

For respondent
Robert Joseph Wichowski
Borck & Scott, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 08 2021
    Petition DENIED.
  2. Feb 17 2021
    DISTRIBUTED for Conference of 3/5/2021.
  3. Feb 03 2021
    Brief of respondent U.S. Bank Trust in opposition filed.
  4. Jan 05 2021
    Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021.
  5. Jan 04 2021
    Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk.
  6. Sep 05 2020
    Petition for a writ of certiorari filed. (Response due January 4, 2021)