No. 23-1195

Brad Johnson v. PennyMac Loan Services, LLC

Lower Court: North Carolina
Docketed: 2024-05-06
Status: Denied
Type: Paid
Response Waived
Tags: chevron-doctrine due-process force-placed-insurance property-rights regulatory-interpretation servicer-prohibitions statutory-construction takings-clause
Key Terms:
AdministrativeLaw Takings JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Did the North Carolina Court of Appeals commit reversible error in interpreting 12 C.F.R. § 1024.37(b) and ignoring 12 C.F.R. § 1024.37(a)(1) and 12 U.S.C. § 2605(k)

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Within the context of its de novo review, in interpreting the regulatory language and meaning of 12 C.F-R. § 1024.37(b) (Basis for charging borrower for So, force-placed insurance), pursuant to the Supreme Court’s Mandate under its Chevron Doctrine, did the North Carolina Court of Appeals commit reversible error by (a) erroneously giving complete deference, under Chevron, to 12 C.F.R. § 1024.37(b), while, at the same time, (b) completely ignoring (1) 12 C.F.R. § 1024.37(a)(1) (Definition . of force-placed insurance) and (2) the legislative history, intent and meaning of 12 U.S.C. § 2605(k) (Servicer prohibitions), both of which directly address the specific issue at bar? ; 2. Within the context of its de novo review, pursuant -to the Supreme Court’s Mandate under its Chevron . Doctrine, in applying 12 C.F.R. § 1024.37(b) (Basis for charging borrower for force-placed insurance) to the facts of the instant case, did the North Carolina Court of Appeals commit reversible error by (a) giving complete ~ deference, under Chevron, to 12 C.F.R. § 1024.37(b), while, at the same time, (b) completely ignoring (1) 12 C.F.R. § 1024.37(a)(1) (Definition of force-placed insurance) and (2) ; the legislative history, intent and meaning of 12 U.S.C. § 2605(k) (Servicer prohibitions), thereby effectuating a Taking of Johnson’s property pursuant to U.S. Const. amend, V & XIV? ~ ; \ \ \ . \ . RELATED CASES PennyMac Loan Servs., LLC v. Johnson, No. 1:20CV175, US. District Court for the Middle District of North ; Carolina. Judgment entered March 8, 2021. PennyMac Loan Servs., LLC v. Johnson, No. 20CVS436, Superior Court of the County of Forsyth, North Carolina. Judgment entered May 27, 2021. : PennyMac Loan Servs., LLC v. Johnson, No. 22-629, Court of Appeals of North Carolina. Judgment entered | April 18, 2023. PennyMac Loan Servs., LLC v. Johnson, No. 22-629, . Court of Appeals of North Carolina. Judgment entered May 24, 2023. PennyMac Loan Servs., LLC v. Johnson, No. 145P23, Supreme Court of North Carolina. Judgment entered December 18, 2023.

Docket Entries

2024-10-07
Petition DENIED.
2024-06-18
DISTRIBUTED for Conference of 9/30/2024.
2024-05-31
Waiver of right of respondent Assurant Inc. Standard Guaranty Insurance Company to respond filed.
2024-05-02
2024-02-02
Application (23A708) granted by The Chief Justice extending the time to file until May 2, 2024.
2024-01-25
Application (23A708) to extend the time to file a petition for a writ of certiorari from March 17, 2024 to May 2, 2024, submitted to The Chief Justice.

Attorneys

Assurant Inc. Standard Guaranty Insurance Company
William Glenn MertenFaegre Drinker Biddle & Reath LLP, Respondent
William Glenn MertenFaegre Drinker Biddle & Reath LLP, Respondent
Brad Johnson
Brad R. Johnson — Petitioner
Brad R. Johnson — Petitioner