Whether the U.S. Government and/or state government can take private citizens' property without due process of law constituting a violation of the Fifth and Fourteenth Amendments of the United States Constitution

QUESTION(S) PRESENTED In 2018 petitioner discovered that a judgment issued by the Massachusetts Land Court (“Land Court”) in 2009 ordered the sale of her property. The petition in the Land Court was filed by Federal National Mortgage Association’s (“FNMA”) servicer and _ foreclosure attorneys. By statute in 1990, the Massachusetts legislature terminated the authority of the Land Court to issue such judgments. Yet the Land Court continued to issue such judgments. Like all but a handful of homeowners with qualifying military service, petitioner was denied notice and all right to participate in the Land Court proceeding. When she discovered this void judgment she immediately filed a post-foreclosure motion to vacate in the Housing Court in that this taking and the consequent Housing Court eviction proceeding violated her due process and equal protection rights guaranteed her by the U.S. and Massachusetts Constitutions. The Land Court and the Housing Court judgments violated the petitioner’s constitutional rights and were void as a matter of law. Petitioner and FNMA agree petitioner was not in default at the time the notice of default letter issued. Petitioner and FNMA agree that FNMA had no financial interest in the property and paid nothing for the taking of the property. I. Whether the U.S. Government and/or state government can take private citizens’ property without due process of law constituting a violation of the Fifth and Fourteenth Amendments of the United States Constitution.