No. 19-6140

Edwin P. Gant v. U. S. Bank Trust, et al.

Lower Court: New Jersey
Docketed: 2019-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: discovery-violation due-process foreclosure fraud fraud-in-lending legal-standing mortgage-assignment mortgage-foreclosure predatory-loan standing unclean-hands
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-11-22
Question Presented (AI Summary)

Whether the New Jersey Supreme Court violated the due process clause by failing to reconsider its original decision refusing to vacate summary judgment of foreclosure

Question Presented (OCR Extract)

QUESTIONS PRESENTED () ‘DID THE NEW JERSEY SUPREME COURT VIOLATE THE DUE PROCESS CLAUSE — BOTH PROCEDUKAL AND SUBSTANTIVE ~ BY FAILING TO RECONSIDER (E.G. ENTERING COURT ORDER FILED JUNE 3, 2019 DENYING RECONSIDERATION TO THE PETITIONER, EDWIN P. GANT, HEREINAFTER THE PETITIONER) ITS ; ORIGINAL DECISION REFUSING TO VACATE SUMMARY JUDGMENT OF FORECLOSURE TO THE RESPONDENT, U.S. BANK TRUST, N.A., AS TRUSTEE FOR ; LSF9 MASTER PARTICIPATION TRUST (HEREINAFTER THE RESPONDENT OR U.S. BANK) WHERE: (1) THE ORIGINAL PLAINTIFF CITI MORTGAGE, INC. (HEREINAFTER CITI MORTGAGE OR THE ORIGINAL PLAINTIFF) FILED ITS : COMPLAINT OF FORECLOSURE WITHOUT THE REQUISITE LEGAL STANDING; (2) THE RESPONDENT U.S. BANK. WHICH SUBSTITUTED IN FOR CITI MORTGAGE , ; CONCEALED THE NOTICE OF SALE OF OWNERSHIP OF MORTGAGE LOAN (HEREINAFTER THE ASSIGNMENT) BY NOT PRODUCING SAME DURING DISCOVERY WHICH THE RESPONDENT ADMITS ON PAGE 23 OF ITS APPELLATE DIVISION BRIEF WHICH ASSIGNMENT ALSO WAS NOT PROVIDED BY CITI , MORTGAGE DURING PETITIONER LITIGATION WITH CITI MORTGAGE; AND (3) ' , THE ORIGINAL MORTGAGEE MAVERICK FUNDING CORP. (HEREINAFTER ; ; MAVERICK) APPROVED THE SAID MORTGAGE, WHICH WAS ASSUMED BY CITI MORTGAGE INITIALLY AND THEN U.S. BANK BASED UPON A FRAUDULENT REAL ESTATE APPRAISAL AND AS SUCH WAS A PREDATORY LOAN WHICH SHOULD ~ ; NOT BE ENFORCED BY ANY COURT LET ALONE THE NEW JERSEY SUPREME COURT? (1) WHETHER THE NEW JERSEY SUPREME COURT IN DENYING RECONSIDERATION TO THE PETITIONER FAILED TO FOLLOW NEW JERSEY CASE LAW REGARDING LEGAL STANDING, THE UNCLEAN HANDS DOCTRINE AND FRAUD? (Il) WHETHER THE NEW. JERSEY SUPREME COURT HAS PERMITTED AND THEREBY UPHELD THE PERPETRATION OF FRAUD UPON THE TRIBUNAL BY U.S. BANK CONCEALING THE SAID ASSIGNMENT FROM PLAINTIFF DURING THE DISCOVERY PROCESS AND OTHERWISE AS WELL AS IGNORING THE FRAUDULENT REAL ESTATE APPRAISAL OF THE ORIGINAL MORTGAGEE ; MAVERICK. . : : ii.

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-29
Waiver of right of respondents U. S. Bank Trust, et al. to respond filed.
2019-08-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2019)

Attorneys

Edwin P. Gant
Edwin P. Gant — Petitioner
Edwin P. Gant — Petitioner
U. S. Bank Trust, et al., et al.
Elizabeth Joy SherDay Pitney LLP, Respondent
Elizabeth Joy SherDay Pitney LLP, Respondent