No. 19-142

Timothy C. Harry, et al. v. American Brokers Conduit, et al.

Lower Court: First Circuit
Docketed: 2019-07-30
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights document-fabrication due-process fifth-amendment foreclosure fourteenth-amendment lending-transaction property-rights standing takings
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the First Circuit Court of Appeals was correct in denying Petitioners' Fifth and Fourteenth Amendments rights to Substantive and Procedural Due Process before the taking of real property

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the First Circuit Court of Appeals was correct in denying Petitioners’ Fifth and Fourteenth Amendments rights to Substantive and Procedural Due Process before the taking of real property by upholding the District Court’s opinion ruling a fictitious, nonregistered, unlicensed name can enter into a lending transaction, ignore the Defendants’ admitted business practices of fabricating new lending documents and forging Petitioners’ signatures in order to collect on the newly fabricated note and mortgage and then foreclose on the property by not rendering an opinion and affirming the erroneous decision?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-11
DISTRIBUTED for Conference of 10/1/2019.
2019-08-19
Waiver of right of respondents American Home Mortgage Servicing, Inc., Deutsche Bank National Trust Company, as Trustee, Homeward Residential, Inc., Mortgage Electronic Registration Systems, Inc. and Ocwen Loan Servicing, LLC to respond filed.
2019-08-07
Waiver of right of respondents Fidelity National Title Group, Inc., Fidelity National Financial, Inc. & Fidelity National Title Company to respond filed.
2019-07-24
Petition for a writ of certiorari filed. (Response due August 29, 2019)

Attorneys

American Home Mortgage Servicing, Inc., Deutsche Bank National Trust Company, as Trustee, Homeward Residential, Inc., Mortgage Electronic Registration Systems, Inc. and Ocwen Loan Servicing, LLC
Marissa Irene DelinksHinshaw & Culbertson, LLP, Respondent
Marissa Irene DelinksHinshaw & Culbertson, LLP, Respondent
Fidelity National Title Group, Inc., Fidelity National Financial, Inc. & Fidelity National Title Company
Fred O. GoldbergBerger Singerman LLP, Respondent
Fred O. GoldbergBerger Singerman LLP, Respondent
Timothy C. Harry, et al.
Tina L. SherwoodLaw Office of Tina L. Sherwood, Petitioner
Tina L. SherwoodLaw Office of Tina L. Sherwood, Petitioner