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