No. 20-1525

Lewis Archer v. America's First Federal Credit Union

Lower Court: Eleventh Circuit
Docketed: 2021-05-03
Status: Denied
Type: Paid
Tags: equal-protection equitable-tolling non-judicial-foreclosure respa statute-of-limitations supremacy-clause
Key Terms:
DueProcess
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Whether the lack of a defense for federal mitigation wrongdoing by lenders in non-judicial state courts violates the Equal Protection Clause and Supremacy Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED Thousands of families are being put out of their homes by way of a RESPA (Real Estate Settlement Procedure Act) loophole found in Non-Judicial foreclosure State _ Courts such as Alabama. According to this loophole, a mortgagee’s failure to comply with federal loss-mitigation regulations cannot be asserted as a defense in an ejectment , action in Non-Judicial State Courts. In addition, there is . currently a conflict among U. S. Circuit Courts of Appeals concerning equitably tolling of the Statute of Limitation in . RESPA cases such as this one. This is yet to be addressed by the U.S. Supreme Court. | The four questions before the United States Supreme Court are: , ; . 1. Does the fact that there is “no defense for Federal Mitigation wrongdoing by lenders in non-judicial State court” while such defense naturally exists in federal court, violate the Equal protection clause of the Fourteenth Amendment? mS 2. Does the fact that there is “no defense for Federal Mitigation wrongdoing by lenders in non-judicial State court” while such defense naturally exists in federal court, violate the Federal “Supremacy Clause” in the Second . paragraph of Article VI of the US Constitution? | 3. | Since a lender can stretch its RESPA abuse such as Dual-Tracking over many months or years to use up the | victim’s three-year Statute of Limitation Period, in this case 19 months of dual-Tracking followed by a nonjudicial state court procedure stretched for 2 years, should Equitable Tolling of the Statute of Limitation be applied in RESPA (Real Estate Settlement Procedure Act) cases? 4. Does issuing a State Writ of Possession, before the Federal Mitigation wrong doings are addressed in a proper jurisdiction, violate the Federal “Supremacy Clause” in the Second paragraph of Article VI of the US Constitution? . ii LIST OF ADDITIONAL PARTIES Shearie Archer CORPORATE DISCLOSURE Petitioner: does not have a parent corporation and is not a publicly held corporation. . America’s First Federal Credit Union v. Archer, No. CV-2016-900716 Circuit Court of Mobile County, Alabama ° June 25, 2018. . Archer v. America’s First Federal Credit Union, No. No. 2180136, Alabama Court of Civil Appeals. Judgement entered May 17, 2019. . Archer v. America’s First Federal Credit Union, No. . 1:19-CV-00258 U.S. District Court for the Southern District of Alabama Southern Division. Judgement entered Dec. 2, 2019. . Archer v. America’s First Federal Credit Union, No. 19-15182, U. S. Court of Appeals for the Eleventh Circuit. Judgement entered Feb 1st, 2021. | iii .

Docket Entries

2021-08-23
Rehearing DENIED.
2021-07-29
DISTRIBUTED.
2021-07-08
2021-06-28
Petition DENIED.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-03
Reply of petitioner Lewis Archer filed.
2021-05-26
Brief of respondent America's First Federal Credit Union in opposition filed.
2021-04-28
Petition for a writ of certiorari filed. (Response due June 2, 2021)

Attorneys

America's First Federal Credit Union
Sanford Graham HooperLightfoot Franklin & White, Respondent
Lewis Archer
Lewis Archer — Petitioner