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Ricker v. United States

United States District Court for the District of Maine
417 F. Supp. 133 (1976)


Facts

Ellie and Elizabeth Ricker (plaintiffs) owned a farm subject to a lien held by the Farmers Home Administration (FmHA) (defendant). The Rickers fell behind on their payments, and after approximately four years, FmHA sent a 30-day foreclosure notice to each of the Rickers. Upon the expiration of the 30-day period, FmHA commenced nonjudicial foreclosure proceedings. FmHA recorded notice of the foreclosure and published notice in the local newspaper. The Rickers did not see these notices, and FmHA did not directly notify the Rickers of the foreclosure. Ivan and Vivian Upton (defendants) purchased the farm at the foreclosure sale and received a quitclaim deed. The Rickers brought suit against the United States government (defendant), seeking to invalidate the sale by claiming that the sale violated their due process rights in violation of the Fifth Amendment.

Rule of Law

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Issue

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Holding and Reasoning (Gignoux, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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