On Petition For Writ Of Ceftiorari To The Supreme Court Of The State Of Hawaii | re: Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution
In the Supreme Court of the United States
ALBERTO C. TIMOSAN, SIMPLICIA C. TIMOSAN, ARIEL TIMOSAN, ARCHANGEL TIMOSAN and AILYN T. OUNYOUNG, Petitioners, vs. THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE N.A. AS TRUSTEE FOR RAMP 2OO5RS9, Respondent. On Petition For Writ Of Centiorari To The Supreme Court Of The State Of Hawaii PETITION FOR WRIT OF CERTIORARI GARY VICTOR DUBIN FREDERICK J. ARENSMEYER Counsel of Record for Petitioners DUBIN Law Offices 55 Merchant Street, Suite 3100 Honolulu, Hawaii 96813 Telephone: (808) 537-2300 Facsimile: (808) 523-7733 E -Mail: gdubin@dubinlaw.net E-Mail: farensmeyer@dubinlaw. net QUESTION PRESENTED Is it a violation of the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution for a federal or state court through state action to deprive property owners of title to and possession and enjoyment of real property by enforcing a nonjudicial or judicial foreclosure against their economic interests based solely on recorded mortgages and recorded mortgage assignments without first also requiring proof by a foreclosing mortgagee of the location, ownership and validity of their underlying promissory note?