Supreme Court of the United States · Official docket →
U.S. Bank National Association, as Trustee for the RMAC Trust, Series 2016-CTT v. Cassandra Fox
Paid petition · Appellate Division, Supreme Court of New York, First Judicial Department, No. 2022-01325 · judgment May 4, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
CPLR 205-a(a) retroactively renders untimely a large category of mortgage foreclosure claims that, under preexisting law, were timely and valid, and extinguishes the mortgages underlying those claims. The questions presented by this petition are as follows:
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Does retroactive application of CPLR 205- a(a) violate the Takings Clause of the Fifth Amendment to the United States Constitution?
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Does retroactive application of CPLR 205-a(a) violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution?
Counsel of record
For petitioner
Jaynee LaVecchia
McCarter & Englis h, LLP
For respondent
Erin Elizabeth Wietecha
Law Offices of Erin E. Wietecha
Proceedings
- Oct 06 2025Petition DENIED.
- Aug 20 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 18 2025Reply of petitioner U.S. Bank National Association filed.
- Aug 06 2025Brief of respondent Cassandra Fox in opposition filed.
- Jul 07 2025Brief amici curiae of American Legal And Financial Network, et al. filed.
- Jul 03 2025Brief amicus curiae of America's Mortgage Banking Attorneys ("USFN") filed.
- Jul 02 2025Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2025.
- Jul 01 2025Brief amici curiae of New York Mortgage Bankers Association, et al. filed.
- Jun 30 2025Motion to extend the time to file a response from July 7, 2025 to August 6, 2025, submitted to The Clerk.
- Jun 05 2025Response Requested. (Due July 7, 2025)
- Jun 03 2025DISTRIBUTED for Conference of 6/18/2025.
- Jun 01 2025Waiver of right of respondent Cassandra Fox to respond filed.
- May 14 2025Petition for a writ of certiorari filed. (Response due June 18, 2025)
- Apr 10 2025Application (24A960) granted by Justice Sotomayor extending the time to file until May 14, 2025.
- Apr 04 2025Application (24A960) to extend the time to file a petition for a writ of certiorari from April 14, 2025 to May 14, 2025, submitted to Justice Sotomayor.