Legal League and the American Legal & Financial Network (ALFN) have filed a joint amicus curiae friend of the court brief with the U.S. Supreme Court in the case of U.S. Bank v. Fox.
The joint brief supports U.S. Bank’s petition for writ of certiorari, asking the Supreme Court to accept jurisdiction in the Fox case, which was decided by the New York Appellate Court. The New York Court rendered U.S. Bank’s mortgage unenforceable and worthless by retroactively applying New York’s Foreclosure Abuse Prevention Act (FAPA).
Legal League is a professional association of financial services law firms, spread out across the U.S., uniquely positioned to drive progress in the mortgage servicing industry. Legal League stands committed to supporting its membership through education, communication, relationship development, and advisory services.
U.S. Bank’s brief argues that retroactive application of FAPA violated its constitutional rights guarded by the Takings and Due Process Clauses of the U.S. Constitution. Citing survey results from Legal League and ALFN members, research, and government publications, the joint brief supports U.S. Bank’s constitutional arguments by explaining the far-reaching harm caused by retroactive application of FAPA.
Primary contributors to authoring the brief include Managing Shareholder Steven K. Eisenberg Esq. and Shareholder Jessica Manis of the law firm of Stern & Eisenberg; Legal League Advisory Council Chair Stephen M. Hladik Esq., Principal with the firm of Hladik, Onorato & Federman LLP; along with Attorney David Rodstein and ALFN Chair Natalie Grigg of Tromberg, Miller, Morris & Partners PLLC; and ALFN Corporate Treasurer Blake Strautins of the Kluever Law Group.
“I am glad to be part of the team effort with The Legal League and ALFN to provide the U.S. Supreme Court with an amicus curiae brief in the case of U.S. Bank v. Fox involving New York’s efforts to retroactively change rights of mortgage holders under FAPA,” said Eisenberg. “Our brief supported U.S. Bank’s petition for certiorari, asking the U.S. Supreme Court to accept jurisdiction and review the New York Court of Appeals’ decision in the Fox case. The New York Court of Appeals, applying FAPA, rendered U.S. Bank’s mortgage worthless and stripped U.S. Bank of rights that it previously possessed when the loan was originally assigned. U.S. Bank has argued in its submission that the retroactive application of FAPA violated its constitutional rights protected by the U.S. Constitution under the Takings and Due Process Clauses. We are hopeful that the U.S. Supreme Court will address what we believe to be overreaching provisions of FAPA.”
The industry was supported by two strong amicus briefs, a joint brief by the New York Bankers Association, the American Institute of Servicing and Legal Executives, the Mortgage Bankers Association, the American Bankers Association, and the USFN.
Click here to view the full amicus brief filed by Legal League and the ALFN in the case of U.S. Bank v. Fox.
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