No. 18-6217

Colette Marquis v. Deutsche Bank National Trust Company, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-10-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights court-jurisdiction due-process homeowner-rights lender-lawsuit notice-effectiveness rescission standing supreme-court-ruling tila tila-rescission
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether a court has jurisdiction to rule that a TILA rescission is not 'effective upon notice', absent a lender lawsuit timely filed claiming it is not

Question Presented (OCR Extract)

question presented in this appeal is NOT what lower courts have assumed, whether a TILA rescission such as Marquis’ rescission of her mortgage loan was “valid” when mailed. TILA states that rescission is “effective upon notice” by “operation of law”, which indicates rescission becomes effective when notice is given, subject only to a challenge in a lawsuit filed by a party with standing to invalidate it. Does a court have jurisdiction to rule, as happened in Marquis case, that a rescission is not “effective upon notice”, absent a lender lawsuit timely filed claiming it is not? . ili

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-10-16
Waiver of right of respondents Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., as trustee for Long Beach Mortgage Loan Trust 2006-WL3 to respond filed.
2018-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 5, 2018)
2018-06-13
Application (17A1348) granted by Justice Thomas extending the time to file until August 12, 2018.
2018-06-01
Application (17A1348) to extend the time to file a petition for a writ of certiorari from June 13, 2018 to August 12, 2018, submitted to Justice Thomas.

Attorneys

Colette Marquis
Colette Marquis — Petitioner
Colette Marquis — Petitioner
Select Portfolio Servicing, Inc., Deutsche Bank National Trust Co., as trustee for Long Beach Mortgage Loan Trust 2006-WL3
Edward King Poor IVQuarles & Brady LLP, Respondent
Edward King Poor IVQuarles & Brady LLP, Respondent