No. 19-8311

John D. Dalen v. Federal National Mortgage Association, et al.

Lower Court: South Carolina
Docketed: 2020-04-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights court-of-appeals due-process foreclosure securitization standing subject-matter-jurisdiction
Key Terms:
DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-06-04
Question Presented (AI Summary)

Was Petitioner denied his Common Law Right to a trial by jury, and his right to due process of law

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Was Petitioner denied his Common Law Right to a trial by jury, and his right to due process of law as a result of the court’s failure to perform its core function, i.e. the protection of every citizen’s Constitutional Rights? 2. Whether the Court should resolve the following question, for which state courts are divided and/or silent on the issues of Standing and Subject Matter Jurisdiction in foreclosure cases: Did the South Carolina Court of Appeals err in its ruling that the bank had standing to foreclose and therefore the court lost subject matter jurisdiction due to the banks’ lack of standing?

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-06-29
Petition for Rehearing filed.
2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-15
Waiver of right of respondent Federal National Mortgage Association to respond filed.
2020-05-01
Waiver of right of respondent Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. to respond filed.
2020-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2020)

Attorneys

Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P.
Matthew Allen FitzgeraldMcGuireWoods LLP, Respondent
Matthew Allen FitzgeraldMcGuireWoods LLP, Respondent
Federal National Mortgage Association
Marc James AyersBradley Arant Boult Cummings LLP, Respondent
Marc James AyersBradley Arant Boult Cummings LLP, Respondent
John D. Dalen
John D. Dalen — Petitioner
John D. Dalen — Petitioner