Debra Brown v. Federal National Mortgage Association
DueProcess JusticiabilityDoctri
Whether FNMA as an instrumentality of 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”) network attorneys in the name of a servicer. 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. Petitioner was denied notice and all right to participate in the Land Court proceeding. When she discovered this “void judgment” she immediately filed a 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. Petitioner and FNMA agree that (1) loan was not in default at the time of the notice of default letter issued; (2) FNMA had no financial interest in the property and paid nothing for the taking of the property. FNMA does not agree that (1) due process was required. and (2) filing of false affidavits to obtain property amounts to fraud on the Court. I. Whether FNMA as an instrumentality of 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,