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Quannah L. Harris v. Ocwen Loan Servicing, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-5025 · judgment February 7, 2022

Certiorari denied · October 3, 2022
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. Did the Court misapprehended the law and facts in affirming the District Court’s decision to dismiss the fraud claims based on the failure to state a Claim? More specifically the Court erred factually in finding that the appellant failed to (a) failed to allege materiality, damages, fraudulent intent and reliance? (Answer: YES )

  2. Did the Court misapprehended the law that Rule 9(b) prohibits a property owner from asserting a claim for fraud if they are in default of the loan? (Answer: YES )

  3. Did the Court misapprehended the law that filing a Proof of Claim and the submission of fraudulent documents by an attorney in a bankruptcy case does not form the basis for a Fair Debt Collection Practice Act? (Answer: YES)

Counsel of record

For petitioner
Quannah L. Harris

For respondent
Kathleen C. Tranter
Dressman Benzinger LaVelle psc

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 10 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jun 13 2022
    Petition for a writ of certiorari filed. (Response due July 22, 2022)
    PetitionAppendixCertificate of Word CountProof of Service