Steven D. Fodge, et al. v. Trustmark National Bank, et al.
ERISA ClassAction
Does Louisiana's law allowing banks to use 'confession of judgment' clauses to seize and sell the homes of military personnel on active duty without appointing an attorney or affording a hearing violate the Supremacy Clause when the Servicemembers Civil Relief Act invalidates these clauses and suspends these foreclosure proceedings?
QUESTION(S) PRESENTED Louisiana law allows banks to use “confession of judgment” clauses embedded in mortgage documents to seize and sell the homes of military personnel while on active duty without appointing an attorney for the absent service member and without affording a hearing of any kind. Does this practice violate the Supremacy Clause when the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901-4043) invalidates these clauses and temporarily suspends these foreclosure proceedings during the service member’s active military duty?