No. 21-8245

Felix I. Gaspard v. BAC Home Loans Servicing, LP, et al.

Lower Court: Florida
Docketed: 2022-06-29
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights due-process equal-protection foreclosure judicial-immunity property-rights takings
Key Terms:
DueProcess Takings Privacy JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Under the U.S and Florida Constitutions, pursuant to applicable
rules of law and the various consent decrees the very same
"plaintiffs" entered into with 49 States and the Federal Government
to resolve the fraud claims brought against them for causing the
2008 foreclosure crisis,
Whether the judiciary has jurisdiction to effectuate the "Taking
without due process and without just compensation" of a pro se
black disabled senior citizen's homestead property, for no
legitimate public purpose but on the behalf of and for the benefit
of a still unidentified real party in interest, by means of the
same type of fraudulent and vexatious foreclosure action initiated
by and through the same "plaintiffs", where the pro se black
disabled senior citizen was judicially precluded from asserting
his fundamental, legal and constitutional rights to due process,
access to the courts, property rights, right to a timely requested
trial by jury on his compulsory counterclaim, right to set off,
recoupment or redemption; to equal protection under the law, and
where the judiciary under the color of law and authority allowed
the plaintiffs to commit fraud upon the court with impunity?

2. Under the U.S. and Florida Constitutions, under the applicable
Rule of Law,
Whether a State adjudicated totally disabled black person entitled
and qualified to have received a $267.00 loan modification have
his property judicially TAKEN, under color of law, without due
process nor compensation, by means of a void ab initio Final
Judgment for violation of his fundamental right to a timely
requested jury trial on his compulsory counterclaim,
collector shielded by the courts from disclosing its entitlement
to relief even up to now?
Whether another law firm be allowed to obtain a writ of possession
against Defendant, when the third party that they claim to
represent denies any involvement with them, a third party that did
not participate in the proceedings , did not pay cash at auction
and received a Conditional Credit Bid Assignment, a nullity by
operation of law and when the law firm and the third party have
motions for default pending against them for failure to file any
responsive papers in the compulsory counterclaim?to a debt

3. Under the taking and the due process clauses of the U.S. and
Fla. Constitutions; pursuant to F.R.
1.260 (c), 1.420, 1.540 (b)(3) & (4), Rule 9.110 (b); pursuant to
Rule 2.215(f), F. R. Jud. Admin.; to Fla. Stat. , sec. 117, 817 and
831; and the applicable rules of law pertaining to a foreclosure
action initiated by a self-proclaimed servicer with, to this day,
no identified principal or real party in interest to validate an
agency relationship, to authorize and ratify this action,
Whether a Defendant's 25-count Amended Compulsory Counterclaim,
among them for Fraud and to Quiet Title, with timely jury trial
requested, can be dismissed with prejudice, (even to parties that
were never served or made an appearance in the case, to parties
against whom Administrative Clerk Default were sought for failure
to file any responsive papers) , on

Question Presented (AI Summary)

Whether the judiciary has jurisdiction to effectuate the 'Taking without due process and without just compensation' of a pro se black disabled senior citizen's homestead property

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-04-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2022)
2022-03-22
Application (21A526) granted by Justice Thomas extending the time to file until April 18, 2022.
2022-03-14
Application (21A526) to extend the time to file a petition for a writ of certiorari from March 16, 2022 to May 15, 2022 submitted to Justice Thomas.

Attorneys

Felix I. Gaspard
Felix I. Gaspard — Petitioner