No. 20-1152

Guillermo Luna, et ux. v. U.S. Bank N.A.

Lower Court: Eighth Circuit
Docketed: 2021-02-23
Status: Denied
Type: Paid
Tags: due-process foreclosure fourteenth-amendment notice power-of-sale property-rights
Latest Conference: 2021-04-30
Question Presented (AI Summary)

Whether the notice of the foreclosure sale of the property of the petitioners under the power of sale in the deed of trust is subject to notice required by due process under the Fourteenth Amendment of the United States Constitution

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Petitioners Guillermo Luna and Lourdes Diana Luna request this Petition for Writ of Certiorari be granted on the grounds that Petitioners did not receive notice of the foreclosure sale of their property pursuant to a nonjudicial foreclosure under the power of sale in the Deed of Trust that comported with Due Process under the Fourteenth Amendment of the Constitution of the United States as declared by this Supreme Court. Accordingly, Petitioners present the following questions: WHETHER THE NOTICE OF THE FORECLOSURE SALE OF THE PROPERTY OF THE PETITIONERS UNDER THE POWER OF SALE IN THE DEED OF TRUST IS SUBJECT TO NOTICE REQUIRED BY DUE PROCESS UNDER THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND AS DECLARED BY THE SUPREME COURT WHETHER THE NOTICE OF THE FORECLOSURE SALE OF THE PROPERTY OF THE PETITIONERS SENT TO THE PETITIONERS COMPORTED WITH DUE PROCESS UNDER THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUION AS DECLARED BY THE SUPREME COURT.

Docket Entries

2021-05-03
Petition DENIED.
2021-04-14
DISTRIBUTED for Conference of 4/30/2021.
2021-02-11
Petition for a writ of certiorari filed. (Response due March 25, 2021)

Attorneys

Luna, et al.
Marina Tramontozzi — Petitioner