No. 18-1339

Mark Anthony Fornesa, et al. v. Fifth Third Mortgage Company

Lower Court: Fifth Circuit
Docketed: 2019-04-25
Status: Denied
Type: Paid
Response Waived
Tags: ' 'appeals' ' 'bankruptcy-law" ' 'civil-rights" ' 'constitutional-law" ' 'foreclosure" ' 'fraud" automatic-stay bankruptcy bankruptcy-stay constitutional-rights constitutional-validity constitutional-violation damages debtor-rights eviction foreclosure foreclosure-fraud fraud-allegation mortgage-dispute mortgage-law property-seizure
Key Terms:
FourthAmendment DueProcess
Latest Conference: 2019-06-13
Question Presented (AI Summary)

Unlawful seizure of debtor's property during bankruptcy without relief from stay, fraud against the United States, violation of 4th and 7th Amendment rights, certworthy review of appeals court decision

Question Presented (OCR Extract)

QUESTIONS PRESENTED -1. Under Federal law, 11 U.S.C. § 362(a), do Fifth Third Mortgage Company and Fifth Third Bank (“Fifth Third”) have a right to seize a property from debtor’s bankruptcy estate without seeking relief from the bankruptcy court that resulted to eviction that caused debtor’s two major surgeries with costs of $18,816.25 and $43,980.00? 2. Pursuant to Federal law, 18 U.S.C. § 371, did Fifth Third create an offense to defraud the United States by the use of third parties to reach target of fraud that resulted to willful foreclosure of Debtors who are the Registered Owners of the property during the time of foreclosure on May 5, 2015? 3. Did Fifth Third’s seizure of Debtors’ property inflict irreparable damages with no available legal remedies to afford compensation for two major surgeries Ricardo Fornesa Jr. suffered “but for’ the unlawful taking of the property on February 28, 2018 forcing them to leave the premises that warrants judicial review of constitutional validity of government actions if the Fourth Amendment was violated to determine if the seizure was legal? 4. Is it certworthy for a judicial review in order to reverse the affirmance of the Court of Appeals Fifth Circuit to let ; Judge Nancy F. Atlas who STAYED the case on January 18, 2018 in Case No. 4:17-cv-2728 to continue the trial of this case to examine the facts and evidence if Debtors are in automatic stay during the foreclosure or not on May 5, 2015 as well as to determine if the foreclosure was willful and the eviction was unlawful when there is evidence of fraud of altering government document and filing of false affidavit?

Docket Entries

2019-08-05
Rehearing DENIED.
2019-07-11
DISTRIBUTED.
2019-07-03
2019-06-17
Petition DENIED.
2019-05-28
DISTRIBUTED for Conference of 6/13/2019.
2019-05-16
Waiver of right of respondent Fifth Third Mortgage Company, et al. to respond filed.
2019-05-08
Supplemental brief of petitioners Mark Anthony Fornesa, et al. filed.
2018-11-28
Petition for a writ of certiorari filed. (Response due May 28, 2019)

Attorneys

Fifth Third Mortgage Company, et al.
Richard Dwayne DannerMcGlinchey Stafford PLLC, Respondent
Richard Dwayne DannerMcGlinchey Stafford PLLC, Respondent
Mark Anthony Fornesa, et al.
Ricardo Fornesa Jr. — Petitioner
Ricardo Fornesa Jr. — Petitioner