Skip to main content
ClearingHouse Community Menu ≡

Going Public

The State-Action Requirement of Due Process in Foreclosure Litigation

By John Pollock

Demonstrating “state action” is a threshold requirement in arguing for the appointment of counsel in foreclosure-related judicial proceedings under the Fourteenth Amendment’s due process clause. In states where lenders must file an action to foreclose, the state judicial process arguably constitutes state action. In nonjudicial-foreclosure states, the argument for state action is less clear. State constitutions may have less stringent state-action requirements than the federal constitution or none at all. The elements needed to show state action, which can be argued under federal or state law, continue to evolve.

Download this article
↑ Go up to the top.