Martin Dekom v. Nationstar Mortgage, LLC
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Can a court of its own interstitial rulemaking power supplant or replace the legislative scheme?
Questions Presented Acounty court in New York invented a legal process which streamlines foreclosure by removing statutory requirements and motions. Can a court of its own interstitial rulemaking power supplant or replace the legislative scheme? In New York, after a summons and complaint is served, a party cannot defend himself until he or the plaintiff files and pays for a Request for Judicial Intervention (RJI), regardless of the time set by the summons. Is this a permissible burden of Due Process? Parties. ’ “The caption contains the names of the parties to the action in the New York Court of Appeals: Nationstar Mortgage LLC, respondent, and Martin Dekom, petitioner. Decisions at issue New York State Court of Appeals No. 2018-1028, Nationstar v Dekom: The Order Denying Appeal by the New York Court of Appeals dated April 30, 2020 with Notice of Entry on July 18, 2020, is