Maurice Dosso v. Planet Home Lending, LLC

Whether mandatory Department of Housing and Urban Development (HUD) loss mitigation regulations (24 C.F.R. §§ 203.604(b), and 203.605) constitute strict conditions precedent that must be satisfied before a mortgage servicer possesses the legal authority to initiate foreclosure on a federally backed mortgage, and whether a servicer's failure to satisfy these conditions precedent renders the foreclosure legally void or voidable.

Whether the doctrine of judicial estoppel prevents a national mortgage servicer from denying the enforceability or violation of federal housing regulations in one federal circuit after explicitly confessing error and admitting systematic noncompliance with those identical regulations in another jurisdiction, and whether appellate courts have a duty to address such contradictions when reviewing summary judgment.

Whether a pro se litigant's presentation of unrebutted public statistical records demonstrating an institutional pattern of systematic regulatory circumvention— including publicly reported violations, regulatory consent orders, class action litigation, and an unprecedented volume of federal court filings—is sufficient to establish a genuine dispute of material fact to survive summary judgment under Federal Rule of Civil Procedure 56(a).

Whether a mortgage servicer's deliberate timing of a loan modification to precede the availability of a congressionally authorized federal relief program (the Homeowner Assistance Fund) constitutes a violation of the servicer's mandatory statutory and regulatory obligations to comply with federal loss mitigation requirements and HAF cooperation mandates designed to prevent foreclosure.

Whether the Homeowner Assistance Fund (COVID-era HAF) and HUD's mandatory servicer notification and cooperation requirements create statutory conditions precedent to foreclosure, and whether a servicer's refusal to cooperate with state HAF administrators in processing borrower applications constitutes breach of mandatory federal obligations.