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Wendy B. Adelson v. Ocwen Loan Servicing, LLC, nka PHH Mortgage Corporation, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-2204, 21-2972 · judgment January 31, 2023


Certiorari denied · October 10, 2023
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

If after a mortgage lender’s acceleration of the entire balance of the loan terminates borrower’s duty to make periodic payments, then. I. Can the lender create a $270,583.00 post­ acceleration default representing future interest, late fees, and other charges? Are fraudulent sheriff sale adjournment notices in aid of the foreclosure sale violate the 11 USC §362 Stay? And if so, do the post-acceleration charges and fraudulent adjournment notices constitute irregularities in the foreclosure sale to warrant invalidating the Sheriff s Deed? II. Can a Michigan district court create its own exception under Texas Law to the Michigan Fed. R. Civ. P. 13(a) to avoid a June 05, 2017, timebar? PARTIES TO THE PROCEEDING The parties are, Petitioner Wendy Adelson, and Respondents, Ocwen Loan Servicing, LLC, aka PHH Mortgage Corporation, successor by merger, and HSBC BANK USA, NA, individually and as Trustee on behalf of ACE Securities Home Equity Loan Trust Series 2007-HE1, asset backed pass­ through certificates.

Counsel of record

For petitioner
Wendy B. Adelson

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 10 2023
    Petition DENIED.
  2. Sep 13 2023
    DISTRIBUTED for Conference of 10/6/2023.
  3. Jul 07 2023
    Petition for a writ of certiorari filed. (Response due September 1, 2023)