Mary Strong v. Countrywide Home Loans, Inc., et al.
Did the Trial and Appellate Courts Err:
1. Failing to recognize the unlawful lockouts barring Mary Strong's access to and use of the subject property at 65510 Old Bend Redmond Highway, Bend, Oregon, without Mary Strong's knowledge or permission, standing in Mary Strong's name only, and prior to any foreclosure action or change of documented title. See Mary Strong's Opening Brief re Wilmington v. Mary Strong filed May 8, 2018 in Case No.A166290 in the Court of Appeals, and Supplemental Memorandum In Support Of Updated Motion To Compel Production Of Documents, Case. No. 6:16~cw00233-MC attached here and made a part of this record.
2. Failure to recognize and rule that it is not lawful for a mortgage "holder" claiming rights to a mortgage loan to make such claim without holding the original Note.
Failure and refusal of the 9th Circuit Court of Appeals and lower courts involved in this action to accept and admit into evidence the forensic examination and proof that Respondents do not have possession of the original Mortgage Note, with legal (not fraudulent "robo signed" allonges) demonstrating unbroken and legal chain of title, and documented evidence of payment by Respondents for the Mortgage Note and Deed of Trust for the property at 65510 Old Bend Redmond Highway, Bend, Oregon as required by law.
4. Failure to rule that it is not lawful for a party claiming to be the mortgage "holder" to foreclose on a mortgage without demonstration clean and clear chain of title and legal standing regarding the mortgage note See ORS 92.465 re Fraud and deceit, and Brandrun v. Recontrust Company Bac Lp 2006 2CB.
5. Failure and refusal to recognize and properly rule that Respondents, their predecessors, "assignors" and related parties are in violation of the Oregon Trust Deed Act which, among other elements, requires demonstration of the possession of the original mortgage note, and demonstration of evidence of payment for that note.
6. Failure and refusal to acknowledge, accept, permit, record and document testimony and evidence presented by Mary Strong and witnesses for Mary Strong of evidence of any amount paid upon "transfer" to various "servicers" and/or mortgage derivatives for the Mortgage Note and Deed of trust or legal standing whatsoever regarding the subject property at 65510 Old Bend Redmond Highway, Bend, Oregon, as required by law.
7. Failure and refusal to recognize, acknowledge, document and record for the record the ongoing illegal chain of fraudulent, "robo-signed" and forged "assignments" of the subject Mortgage Note prior to and including the alleged "assignments" and "transfers" for the subject property at 65510 Old Bend Redmond Highway, Bend, Oregon.
8. Fundamentally ruling that Respondent(s) can fabricate, forge and for all intents and purposes "steal" a mortgage "Note" and "Deed of Trust" with no evidence of payment or possession of the original mortgage Note and Deed of Trust, and still be entitled to foreclose.
Did the Trial and Appellate Courts Err