No. 18-8523

Tynisha Latrice Reinerio, nka Akosua Tanisha Aaebo v. Bank of America, N.A., et al.

Lower Court: Eighth Circuit
Docketed: 2019-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 15-usc-7003 account-debtor collateral-estoppel diversity-jurisdiction eighth-circuit mortgage-law mortgage-loan negotiable-instrument note-negotiation res-judicata security-interest standing statutory-trust ucc ucc-3-103(a)(12) ucc-3-110(b) ucc-9-102(a)(3) ucc-9-312(e)-(g) uniform-commercial-code
Latest Conference: 2019-04-26
Question Presented (from Petition)

Was the issue of res judicata and collateral estoppel improperly decided by the Eighth Circuit Court of Appeals?

Did the Eight Circuit improperly adopt an erroneous set of facts which conflicts with the record, give improper standing to each of the Defendants and improperly predicate its opinion as to all Defendants on the said erroneous facts and standing?

Did the Eighth Circuit Court of Appeals retain jurisdiction based upon diversity despite SouthLaw, an admitted citizen of Missouri, not acting in a legally cognizable role as trustee in this case and no federal matters being in question?

Did Countrywide Home Loans, Inc. fund the alleged mortgage loan?

Is the Note in this case a legal promise according to UCC 3-103(a)(12)?

Was Petitioner an account debtor to Countrywide Home Loans, Inc. and/or The Bank of New York Mellon according to UCC 9-102(a)(3)?

Is the endorsement of the Note in this case a failed attempt to negotiate according to UCC § 3-110(b)?

Was the Note in this case negotiated while in default?

Did Defendants fail to perfect security interest in Petitioner's property in accordance with UCC 9-312(e), (f), (g)?

Did The Certificate holders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-3 ever have rights or specific interest in Petitioner's property?

Did BONY receive sole assignment of the Note and Deed of Trust from Mortgage Electronic Registration Systems, Inc. on February 13, 2012 according to Mo. Rev. Stat. § 443.350?

Did Defendants provide sufficient proof of ownership of Petitioner's property according to 15 USC § 7003?

Was CWABS, Inc., Asset-Backed Certificates Trust 2005-3 established as a statutory trust?

Was The Bank of New York Mellon holder of the note endorsed in blank?

Question Presented (AI Summary)

Was the issue of res judicata and collateral estoppel improperly decided by the Eighth Circuit Court of Appeals?

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-05-23
Petition for Rehearing filed.
2019-04-29
Petition DENIED.
2019-04-12
Waiver of right of respondent SouthLaw, P.C. to respond filed.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-08
Waiver of right of respondents Bank of America, N.A., et al. to respond filed.
2018-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Bank of America, N.A., et al.
Douglas E. WinterBryan, Cave, et al., Respondent
Bank of New York Mellon, et al.
Clayton G. KuhnSandberg Phoenix & Von Gontard, P.C., Respondent
SouthLaw, P.C.
David L. BomanSouthLaw, P.C., Respondent
Tynisha Latrice Reinerio, nka Akosua Tanisha Aaebo
Akosua Tanisha Aaebo — Petitioner