Mortgagor brought action against Alaska Housing Finance Corporation (AHFC), which held deed of trust and promissory note, alleging due process violations arising out of non-judicial foreclosure.
The Superior Court granted summary judgment of AHFC. Mortgagor appealed.
The Supreme Court held that:
- AHFC was government actor that was required to satisfy restrictions imposed on state action by due process clause;
- Mortgagor’s interest in home was sufficient property interest to invoke due process;
- Mortgagor did not waive due process rights by signing promissory note and deed of trust;
- AHFC’s failure to expressly provide opportunity to be heard prior to non-judicial foreclosure violated due process; and
- Mortgagor was not required to demonstrate prejudice.