No. 18-783

John M. Barone v. Wells Fargo Bank, N.A.

Lower Court: Florida
Docketed: 2018-12-20
Status: Denied
Type: Paid
Relisted (2)
Tags: constitutional-rights due-process federal-jurisdiction federal-preemption foreclosure-fraud national-bank-act national-banks property-rights state-courts
Latest Conference: 2019-04-12 (distributed 2 times)
Question Presented (from Petition)

1. Whether the National Bank Act, 12 U.S.C. 1 et seq. restrictions on states, federal preemption and exclusive federal regulation vie for exclusive federal jurisdiction of Wells Fargo and national banks? and Whether state Courts as an appendage of the states are allowed to be separated therefrom under the Constitution, rendering the segregation within the NBA as unconstitutional?

Whether a state Court's unwillingness to entertain federal claims by clear and concise direction to "leave federal claims to the federal Court" violates Due Process and warrants a motion to stay proceedings in favor of a coexistent federal action?

Whether FL appeals Court procedure allowing for non-opinioned orders and denial of requests to legally substantiate these orders to remove review authority of the state High Court is unconstitutional and violates the guarantee of a fair legal process? Should all courts be held to the opinion standards of Federal Courts to satisfy Due Process?

Whether U.S. Government's unconstitutional involvement in millions of foreclosures through FHFA and de facto and entwined State-actor Fannie Mae subject it to federal Court jurisdiction and the property "takings" clause of the U.S. Constitution?

5. Whether RMBS and REMIC trust securitization and rehypothecation of mortgage notes utilizing homeowners property as collateral without consent or knowledge is unlawful and unconstitutional? and Whether collection of financial benefits not applied to and above note debt owed are unlawful and unconstitutional?

Question Presented (AI Summary)

Whether the National Bank Act, 12 U.S.C. 1 et seq. restrictions on states, federal preemption and exclusive federal regulation vie for exclusive federal jurisdiction of Wells Fargo and national banks? and Whether state Courts as an appendage of the states are allowed to be separated therefrom under the Constitution, rendering the segregation within the NBA as unconstitutional?

Docket Entries

2019-04-15
Rehearing DENIED.
2019-03-27
DISTRIBUTED for Conference of 4/12/2019.
2019-03-18
2019-02-25
Petition DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2018-07-24
Petition for a writ of certiorari filed. (Response due January 22, 2019)

Attorneys

John M. Barone
John Barone — Petitioner