SUPREME COURT OF ARKANSAS

No. cv-14-173

ROBERT DICKINSON, AND PAMELA

DICKINSON, ON BEHALF OF

THEMSELVES AND ALL RESIDENTS

OF ARKANSAS THAT ARE

SIMILARLY SITUATED

PETITIONERS

opinion Delivered April 10, 2014

REQUEST TO CERTIFY QUESTION

OF LAW FROM THE UNITED

STATES DISTRICT COURT FOR

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

Cite as 2014 Ark. 161