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
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage
Linked docket
24A960
Order
Order list, October 6, 2025 · Certiorari denied
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.