Cite as 2014 Ark. 161
SUPREME COURT OF ARKANSAS
No. cv-14-173
ROBERT DICKINSON, AND PAMELA opinion Delivered April 10, 2014
DICKINSON, ON BEHALF OF
THEMSELVES AND ALL RESIDENTS REQUEST TO CERTIFY QUESTION
OF ARKANSAS THAT ARE OF LAW FROM THE UNITED
SIMILARLY SITUATED STATES DISTRICT COURT FOR
PETITIONERS THE EASTERN DISTRICT OF
ARKANSAS
SUN TRUST MORTGAGE, INC., AND
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
RESPONDENTS
PER CURIAM
In accordancc r,vith sectioll2(D)(3) ofamcndnrent 80 to the Arkansas Constitution
ancl
Rule 6-8 of thc Rulcs of thc Suprenrc Court ancl Court o[Appcals of the State ofArkalsas,
the Hotlorable Briarl S- Miller of the Urritcd Statcs l)istricr Courr fbr the Eastern
l)istrict of
Arkansas flled a rrlotior) artd certification orcler with otrr clcrk or-r March 17,2014. Thc
certifyirre cotlrt rcqtlests that we answer a question o[ la'uv that nray be deternrinative of a
cause r-rorv pcndins irr thc ccrrifying court, and it appcars to thc certiE/ing court that therc is
no controlline precerient ir-r tl're decisions of the Arkansas Suprente Court.
After a revierv of thc certi$ring court's analysis ancl cxplanation of the rreed for this
court to atlswer the qucstioll of law presently pending in thar collrt, we accept certification
Cite as 2014 Ark. 161
of the following question, as herein formulated:
Whether the Federal National Mortgage Association satisfies the Statutory Foreclosure
Act's authorized-to-do-business requirement, Ark. Code Ann. $ 18-50-1 17, under 12
U.S.C. S 1716 et seq., or other federal laws, or must the Federal National Mortgage
Association satisfy Ark. Code Ann. $ 18-50-1 17 by obtaining a certificate of authoriry
in Arkansas prior to statutorily foreclosing on properry in Arkansas?
This per curiam order constitutes notice of our acceptance of the certification of the
question of law. For purposes of the pending proceeding in this court, the following
requirements are imposed:
A- Time limits will be calculated from the date of this per curiam order accepting
certification. The plaintifit in the underlying action, Robert Dickinson and pamela
Dickinson, on behalfof themselves and all residents ofArkansas that are similarly situated,
are
designated the moving parties and will be denoted as the "Petitioners," and their brief is due
thirry days fronl the date of this per curianr; the clefendants, Sun Trust Mortgage, Inc., and
Fedcral Narional Mortgage Association, will be clenotecl as the "l\esponclents,,,ar-rcl their
bricfi is due thirry days after the filingof Petitioncrs'brief. I)eritiorers nray filc a reply brief
rvithi, fiftee, days after Respo,de,ts' briefi arc frlecl.
B. The briefi shall comply with this court's mles as in other cases cxccpr lor thc brief3'
corrtent. Only the following itenrs required in Ark. Sup. Ct. l{. a-2(a) shall bc i,cl,clcd:
(3) I'}oint on appeal which shall corrcsponcl to thc cerrifiecl quesriop of law to be
answered in the federal district collrt's ccrtiflcation ordcr.
(4) Table of authorities.
(6) Statenrent of the case which shall correspond to the facts relevanr ro rhe certiflecl
qttestion of law as stated in the Gderal district colrrt's certification ordcr.
cv-1 1-173
Cite as 2014 Ark. 161
(7) Argument.
(8) Addendum.
(9) Cover for briefr.
C. Oral argument will be permitted only ifthis court concludes that it will be helpful
for presentation of the issue.
D. Ark. Sup. ct. R. 4-6 with respect to amicus curiae brie6 will apply.
E. This matter will be processed as any case on appeal.
F. Rule XIV ofthe Rules GoverningAdmission to the Bar shall apply to the artorneys
for the Petitioner and the Respondents.
Punuant to Arkansas Supreme Court Rule 6-S(d), we request that the parties include
in an addendum the following pleadings: the complaint; the answer, if any; the motion to
dismiss; and any responses, replies, and briefi in support thereof In addition, if the parties
believe that any additional pleadings will be useful to our understanding of the legal issues
presented in this certified qLrestion, those pleadings should be included as well.
Certifi ed qlrestion accepted.
cv-14-173