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Ricker v. United States

United States District Court for the District of Maine

417 F. Supp. 133 (1976)

Relevant factsFree

Ellie and Elizabeth Ricker (plaintiffs) owned a farm subject to a lien held by the Farmers Home Administration (FmHA), an arm of the federal government (defendant). After the Rickers fell behind on payments for about four years, FmHA sent each of them a 30-day notice warning of possible foreclosure, then began nonjudicial foreclosure proceedings once that period expired. FmHA recorded the foreclosure and published notice in the local paper, but never directly told the Rickers the sale itself was happening, and they didn't see the public notices. Ivan and Vivian Upton bought the farm at the foreclosure sale and received a quitclaim deed. The Rickers sued the government, arguing the sale violated their Fifth Amendment due process rights.

IssueFree

Whether the federal government, acting as a mortgagee, must give the mortgagor notice and an opportunity to be heard before conducting a foreclosure sale.

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