No. 19-82

Paul V. Cannon v. Bank of America, National Association, et al.

Lower Court: First Circuit
Docketed: 2019-07-16
Status: Denied
Type: Paid
Tags: borrower-rights breach-of-contract civil-rights contractual-obligations due-process failure-to-state-claim loan-disclosure mortgage-securitization securitization standing unjust-enrichment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the district court properly dismissed the complaint for failure to state a claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Taking the allegations in Mr. Cannon’s Complaint as true, did the District Court properly dismiss the Complaint for failure to state a claim ‘upon which relief may be granted? 2. If a borrower's loan has been securitized, does he no longer have the right to full disclosure regarding who receives his mortgage payments, in what amounts, and under what terms? 3. If, because of securitization, a borrower's mortgage payments are used in ways which are foreign to the terms stated in the loan documents he executed, are those receiving his money unjustly enriched? 4. Does a borrower remain obligated to the terms and conditions stated in the loan documents if the “lender” and/or its successor(s) breached the obligations on the lender side? (ii)

Docket Entries

2019-10-07
Petition DENIED.
2019-08-28
DISTRIBUTED for Conference of 10/1/2019.
2019-08-14
Brief of respondent Bank of New York Mellon as Trustee for CWABS Asset-Backed Certificates Trust 2007-9, and Specialized Loan Servicing LLC in opposition filed.
2019-05-22
Petition for a writ of certiorari filed. (Response due August 15, 2019)

Attorneys

Bank of New York Mellon as Trustee for CWABS Asset-Backed Certificates Trust 2007-9, and Specialized Loan Servicing LLC
Christine Marianne KingstonNelson Mullins Riley & Scarborough LLP, Respondent
Paul V. Cannon
Paul V. Cannon — Petitioner