Surface v. Home Mortgage Alliance

── Surface v. Home Mortgage Alliance ── Case No.: 25-1236 Court: Court of Appeals for the Tenth Circuit Date: March 27, 2026 Category: General Appellate Case: 25-1236 Document: 35 Date Filed: 03/27/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 27, 2026 _________________________________ Christopher M. Wolpert Clerk of Court RAYMOND TODD SURFACE, Plaintiff - Appellant, v. No. 25-1236 (D.C. No. 1:25-CV-01004-LTB-RTG) HOME MORTGAGE ALLIANCE, LLC; (D. Colo.) GUARANTEED RATE, INC.; HALLIDAY, WATKINS & MANN, P.C.; HONORABLE J. ERIC ELLIFF; HONORABLE PAUL D. LOPEZ; HONORABLE DAVID BLACKETT, Defendants - Appellees. _________________________________ ORDER AND JUDGMENT * _________________________________ Before PHILLIPS, EID, and FEDERICO, Circuit Judges. _________________________________ Raymond Todd Surface appeals the dismissal of his pro se action challenging his state foreclosure and eviction proceedings. The district court determined the action was barred by the Rooker-Feldman doctrine because it sought to overturn the After examining the briefs and appellate record, this panel has determined * unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.  Appellate Case: 25-1236 Document: 35 Date Filed: 03/27/2026 Page: 2 state court judgments. 1 Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the district court’s judgment. I According to the complaint, Mr. Surface financed the purchase of real property by executing a note and deed of trust in favor of defendant Home Mortgage Alliance, LLC. His mortgage was serviced by defendant Guaranteed Rate, Inc., which “attempted to convince and intimidate [him] into [making] additional payments.” R. at 7. The defendant law firm of Halliday, Watkins & Mann P.C. filed a state foreclosure action, over which defendant state court judge J. Eric Elliff presided. Judge Elliff “issued a judgment against [Mr. Surface] in [the state foreclosure action] and ordered the property to be auctioned.” Id. (capitalization omitted). The property was then sold by defendant Paul D. Lopez, who is “the Public Trustee and Clerk & Recorder for the City and County of Denver.” Id. at 6. Mr. Surface was evicted in state court proceedings presided over by defendant state court judge David Blackett. Based on these allegations, Mr. Surface brought the underlying federal action, claiming violations of his Fourth, Fifth, and Fourteenth Amendment rights. He averred his home was unlawfully seized and sold without due process, he was subjected to double jeopardy because he was forced to pay for his home twice, and he had no opportunity to challenge the validity of the debt or speak to the state court. He also alleged defendants engaged in extortion and racketeering by foreclosing on 1 See D.C. Ct. of Appeals v. Feldman, 460 U.S. 462, 486 (1983); Rooker v. Fid. Tr. Co., 263 U.S.