No. 18-1183

Dorothy A. Smulley v. Federal Housing Finance Agency, et al.

Lower Court: Second Circuit
Docketed: 2019-03-13
Status: Denied
Type: Paid
Response Waived
Tags: agency-liability agency-relationship circuit-procedures conservatorship due-process fannie-mae federal-instrumentality fhfa internal-operating-procedures mortgage-servicers mortgage-servicing regulatory-oversight rico vicarious-liability
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether Fannie Mae is a federal instrumentality subject to due process requirements, whether FHFA as conservator of Fannie Mae is vicariously liable for mortgage servicer misconduct, whether circuit court procedures should ensure all relevant documents are considered

Question Presented (OCR Extract)

Questions Presented for Review . L Is the Federal National Mortgage Association (@annie Mae) a federal instrumentality under the regulatory oversight and conservatorship of the Federal Home Finance Agency (FHEA)? 2. As a federal instrumentality, is Fannie Mae Form 3140, Paragraph F, subject to due process requirements? 3. Is FHFA as conservator of Fannie Mae, and Fannie Mae as principal in a common-law agency relationship with mortgage servicing financial institutions, subject to vicarious liability as a consequence of misdeeds performed by the mortgage servicers? 4. Should Internal Operating Procedures TOP) within a Circuit provide for sufficient verification which would assure all necessary indexed electronic documents filed with the court below will be identified and brought to the attention of the Circuit Justices designated for the panel hearing? 1

Docket Entries

2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-12
Waiver of right of respondent Federal National Mortgage Association to respond filed.
2019-04-11
Waiver of right of respondent United States to respond filed.
2019-04-10
Waiver of right of respondent JPMorgan Chase Bank National Association to respond filed.
2019-02-28
Petition for a writ of certiorari filed. (Response due April 12, 2019)

Attorneys

Dorothy A. Smulley
Dorothy A. Smulley — Petitioner
Dorothy A. Smulley — Petitioner
Federal National Mortgage Association
Logan Anne CarducciHalloran & Sage, LLP, Respondent
Logan Anne CarducciHalloran & Sage, LLP, Respondent
JPMorgan Chase Bank National Association
Laura A. ZainoHalloran Sage, Respondent
Laura A. ZainoHalloran Sage, Respondent