No. 18-1363

David G. Morton v. Bank of America, N.A., et al.

Lower Court: Sixth Circuit
Docketed: 2019-04-30
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-procedure civil-procedure-standing due-process fraud-on-court fraud-on-the-court misprision standing standing-issue summary-judgment tila tila-violation truth-in-lending-act
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Whether the lower court erred in granting summary judgment to the respondents despite their documented violation of the Truth in Lending Act, their default, and lack of standing

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Whether the appellate court erred in affirming the lower court’s Summary Judgment made void by Respondents’ documented violation of TILA, their default and tacit agreement not to protest enforcement, all of which denied Respondents standing. I. Whether the appellate court erred in affirming the lower court’s void Summary Judgment as it was based on the uninformed, frivolous opinions of its magistrate, absent any fact or law in support and was in conflict with this Court’s unanimous decision in Jenoski v. Countrywide Home Loans, Inc. II. Whether the appellate court erred in affirming the lower court’s void Summary Judgment as it was garnered by Respondents’ perpetration of fraud on the court and misprision by the presiding judge and magistrate. IV. Whether appellate judges Gilman, Donald and Hood committed misprision of fraud by ignoring the barratry and acts of on the record by the lower court. PARTIES All parties appear in the caption of the case on the cover page. It is presumed that they will retain the same attorney as was used in the lower court. For that reason, the list is repeated with the addition of counsel as follows: BANK OF AMERICA HOME LOANS SERVICING, LP. n/k/a BANK OF AMERICA, N.A., successor by acquisition to COUNTRYWIDE HOME LOANS SERVICING, INC.; BARBARA J. DESOER, individually and as former President BOA; BRIAN T. MOYNIHAN, individually and as CEO c/o Douglas E. Winter Traci Choi, BRYAN CAVE 1155 F Street, N.W., Washington, DC 20004.

Docket Entries

2019-06-03
Petition DENIED.
2019-05-14
DISTRIBUTED for Conference of 5/30/2019.
2019-05-08
Waiver of right of respondents Bank of America Home Loans, et al. to respond filed.
2018-08-04
Petition for a writ of certiorari filed. (Response due May 30, 2019)

Attorneys

Bank of America Home Loans, et al.
Douglas E. WinterBryan, Cave, et al., Respondent
Douglas E. WinterBryan, Cave, et al., Respondent
David G. Morton
David G. Morton — Petitioner
David G. Morton — Petitioner