No. 24-691

Debra Brown v. Bank of America Corporation, et al.

Lower Court: First Circuit
Docketed: 2024-12-30
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-law due-process fnma-authority government-instrumentality property-rights state-consumer-law
Key Terms:
Environmental AdministrativeLaw Arbitration DueProcess Securities Privacy JusticiabilityDoctri
Latest Conference: 2025-02-28
Question Presented (AI Summary)

Whether FNMA is an instrumentality of the U.S. Government and/or state government authorized to take private citizens' property without due process of law

Question Presented (OCR Extract)

Circuit conflicts exist as to the first question “whether the government is the government.” The First Circuit Court of Appeals in this case determined that “FNMA is not the gove rnment or a government actor subject to the Due Process Clause of the U.S. Constitution when taking property from a private citizen.” The U.S. Suprem e Court determined in Collins v. Yellen that the Federal Housing Finance Authority is an instrumentality of the U.S. Government. The First Circuit maintains that Federal National Mortgage Association (“FNMA”) is not the government and does not need to comply with the U.S. Constitution. The Question Presented is : Whether FNMA is an instrumentality of the U.S. Government and/or state government or whether Congress authorized FNMA to take private citizens’ property without due process of law or adherence to any state consumer and property law. ii LIST OF PROCEEDINGS U.S. Court of Appeals for the First Circuit No. 21 -1978 Debra Brown, Plaintiff Appellant, v. Bank of America Corporation ; Fannie Mae, Defendants Appellees Date of Final Judgment : August 26, 2024 Date of Rehearing Denial : September 25, 2024 _ U.S. District Court, District of Massachusetts No. 10 -11085 -GAO Debra Brown, Plaintiff , v. Bank of Am erica Corporation and Fannie Mae, Defendants Date of Final Order : September 30, 2021

Docket Entries

2025-03-03
Petition DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-01-03
Waiver of right of respondent Bank of America Corporation to respond filed.
2024-12-19

Attorneys

Bank of America Corporation
Edwina ClarkeGoodwin Procter, Respondent
James W. McGarryGoodwin Procter, LLP, Respondent
James W. McGarryGoodwin Procter, LLP, Respondent
Debra Brown
Debra M. Brown — Petitioner
Debra M. Brown — Petitioner