Legal Opinion
Apao v. Bank of New York
Court of Appeals for the Ninth Circuit
Decided April 4, 2003No. 01-16565PublishedCited by 14 opinions
1Opinion of the Court
SCHROEDER, Chief Judge.
Plaintiff-appellant Margaret Apao lost her home to a foreclosure and sale under procedures provided for in her mortgage contract and authorized under Hawaii’s non-judicial foreclosure statute. See Haw. Rev.Stat. § 667-5. She filed this action in federal district court challenging that statute as violating the due process clause of the Fourteenth Amendment.
The district court dismissed the case for failure to state a claim because the sale was a purely private remedy and involved no state action. Apao appealed. In effect, she asks us to reconsider the round of decisions…
2Cases cited12 opinions
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
- Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
- Shelley v. KraemerSupreme Court of the United States · 1948
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bourne Valley Court Trust v. Wells Fargo Bank, NACourt of Appeals for the Ninth Circuit · 2016
- Apao v. Bank Of New YorkCourt of Appeals for the Ninth Circuit · 2003
- JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLCDistrict Court, D. Nevada · 2016
- Citimortgage, Inc. v. Angeline Renee DrakeCourt of Appeals of Tennessee · 2013
- Thomas v. BuckleyDistrict of Columbia Court of Appeals · 2017
9 more not listed; retrieve them via the Exa API.