Leander Bacon, et ux. v. United States, et al.

This case has involved an effort by a wounded combat veteran and his wife seeking (a) an injunction against eviction based on a disputed foreclosure of their home; and (b) rescission of the foreclosure and restoration to them of ownership of the home. Subsequent to the decision by the Fourth Circuit Court of Appeals (“the Court of Appeals”) below, (a) has become moot because one of the appellees, Navy Federal Credit Union, having previously obtained title from the United States of America, through the Veterans Administration (“the VA”), executed a deed to the home to an investor, which has filed an unlawful detainer summons against the wounded combat veteran, which is now pending in the Stafford County District Court. There remain no grounds for the petitioners to seek an injunction against eviction in this case because none of the appellees in this case now claims ownership of the home. Therefore, the appealable issue in this petition for certiorari is whether there are grounds to set aside the foreclosure. The questions for consideration by this Court are as follows:

1. Whether the Bacons’ complaint in this case seeking inter alia restoration to them of title to their home, has constituted an “ejectment” action.

2. If the Bacons’ complaint is an “ejectment” action, whether their complaint is free of issue preclusion (by reason of eviction orders by Virginia state courts) because a Virginia statute provides that such