No. 24-1178
U.S. Bank National Association, as Trustee for the RMAC Trust, Series 2016-CTT v. Cassandra Fox
Amici (5)Response RequestedResponse WaivedRelisted (2)
Tags: constitutional-law due-process mortgage-foreclosure property-rights retroactive-legislation takings-clause
Key Terms:
AdministrativeLaw ERISA DueProcess Takings Privacy
AdministrativeLaw ERISA DueProcess Takings Privacy
Latest Conference:
2025-09-29
(distributed 2 times)
Question Presented (AI Summary)
Does retroactive application of CPLR 205-a(a) violate the Takings Clause and Due Process Clause of the Constitution?
Question Presented (OCR Extract)
CPLR 205-a(a) retroactively renders untimely a large category of mortgage foreclosure claims that, under preexisting law, were timely and valid, and extinguishes the mortgages underlying those claims. The questions presented by this petition are as follows: 1. Does retroactive application of CPLR 205a(a) violate the Takings Clause of the Fifth Amendment to the United States Constitution? 2. Does retroactive application of CPLR 205-a(a) violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution?
Docket Entries
2025-10-06
Petition DENIED.
2025-08-20
DISTRIBUTED for Conference of 9/29/2025.
2025-08-18
Reply of petitioner U.S. Bank National Association filed.
2025-08-18
Reply of petitioner U.S. Bank National Association, not in its Individual Capacity but solely as Trustee for the EMAC Trust, Series 2016-CTT filed.
2025-08-18
Reply of U.S. Bank National Association, not in its Individual Capacity but solely as Trustee for the EMAC Trust, Series 2016-CTT submitted.
2025-08-06
Brief of respondent Cassandra Fox in opposition filed.
2025-08-06
Brief of Cassandra Fox in opposition submitted.
2025-07-07
Brief amici curiae of American Legal And Financial Network, et al. filed.
2025-07-07
Brief amici curiae of The American Legal And Financial Network, et al. filed.
2025-07-07
Amicus brief of The American Legal And Financial Network And The Legal League submitted.
2025-07-03
Amicus brief of USFN submitted.
2025-07-03
Brief amicus curiae of America's Mortgage Banking Attorneys ("USFN") filed.
2025-07-03
Brief amicus curiae of USFN filed.
2025-07-02
Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2025.
2025-07-01
Brief amici curiae of New York Mortgage Bankers Association, et al. filed.
2025-07-01
Amicus brief of New York Mortgage Bankers Association, American Institute of Servicing and Legal Executives, New York Bankers Association, Mortgage Bankers Association, and American Bankers Association submitted.
2025-06-30
Motion to extend the time to file a response from July 7, 2025 to August 6, 2025, submitted to The Clerk.
2025-06-30
Motion of Cassandra Fox for an extension of time submitted.
2025-06-05
Response Requested. (Due July 7, 2025)
2025-06-03
DISTRIBUTED for Conference of 6/18/2025.
2025-06-01
Waiver of right of respondent Cassandra Fox to respond filed.
2025-06-01
Waiver of Cassandra Fox of right to respond submitted.
2025-05-14
Petition for a writ of certiorari filed. (Response due June 18, 2025)
2025-04-10
Application (24A960) granted by Justice Sotomayor extending the time to file until May 14, 2025.
2025-04-04
Application (24A960) to extend the time to file a petition for a writ of certiorari from April 14, 2025 to May 14, 2025, submitted to Justice Sotomayor.
Attorneys
Cassandra Fox
Erin Elizabeth Wietecha — Law Offices of Erin E. Wietecha, Respondent
Erin Elizabeth Wietecha — Law Offices of Erin E. Wietecha, Respondent
New York Mortgage Bankers Association, American Institute of Servicing and Legal Executives, New York Bankers Association, Mortgage Bankers Association, and American Bankers Association
Stephen John Vargas — Friedman Vartolo LLP, Amicus
Stephen John Vargas — Friedman Vartolo LLP, Amicus
The American Legal And Financial Network And The Legal League
U.S. Bank National Association, not in its Individual Capacity but solely as Trustee for the EMAC Trust, Series 2016-CTT
Jaynee LaVecchia — McCarter & Englis h, LLP, Petitioner
Jaynee LaVecchia — McCarter & Englis h, LLP, Petitioner