No. 20-764

Mark E. O'Brien v. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust

Lower Court: Connecticut
Docketed: 2020-12-03
Status: Denied
Type: Paid
Tags: due-process foreclosure foreclosure-procedure judicial-notice loan-servicer mortgage-note new-evidence procedural-defect standing standing-challenge testimony
Key Terms:
DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2021-03-05
Question Presented (AI Summary)

Were the Defendants' due-process rights violated?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Were the Defendants’ due process rights violated when they were not given notice of the foreclosure proceeding? Were the Defendants’ due process rights violated when the foreclosing party did not have possession of the mortgage promissory note, and for secondary evidence, relied on a fraudulent assignment of mortgage? Can a foreclosure be allowed where serious doubt has been raised concerning standing of the Plaintiff? Is it incumbent on a Trial Court Justice to make further inquiry when post-trial, new and material evidence has been brought to the Court’s i attention, irrespective of whether the new evidence has been brought according to proper procedural protocol? Did the Trial Court err when it allowed the testimony of the Caliber witness—-a witness with no personal knowledge of the mortgage loan, the note, or relevant events? [Caliber is the loan servicer on the subject mortgage]. PARTIES TO PROCEEDING AND RELATED CASES Kathleen M. O’Brien, 114 Wetmore Avenue, Winsted, CT 06098 Thomas J. O’Brien, 114 Wetmore Avenue, Winsted, CT 06098 : ii RELATED CASES Connecticut Superior Court LLICV166014383-S ; U.S. Bank Trust, N.A. as Trustee for LSF9 Master Trust v. O’Brien, Mark E. et al. Summary Judgment Motion by Plaintiff denied. 6/4/2018. “There is a genuine issue of material fast as to whether notice of default and the intent to accelerate was properly given.” [John David Moore, Jj. Summary Judgment Motion by Plaintiff denied. 12/7/2017. “...the Plaintiff has not met his burden of showing that is the holder of the promissory note.” [John Pickard, J]. Order of Strict Foreclosure. 5/20/2019. [John Pickard, Jj.

Docket Entries

2021-03-08
Petition DENIED.
2021-02-17
DISTRIBUTED for Conference of 3/5/2021.
2021-02-03
Brief of respondent U.S. Bank Trust in opposition filed.
2021-01-05
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2021.
2021-01-04
Motion to extend the time to file a response from January 4, 2021 to February 3, 2021, submitted to The Clerk.
2020-09-05
Petition for a writ of certiorari filed. (Response due January 4, 2021)

Attorneys

Mark E. O'Brien
Mark E. O'Brien — Petitioner
Mark E. O'Brien — Petitioner
U.S. Bank Trust
Robert Joseph WichowskiBendett & McHugh, PC, Respondent
Robert Joseph WichowskiBendett & McHugh, PC, Respondent