Jackie Gaff v. MSNI Advantage, L.P., et al.
DueProcess Securities JusticiabilityDoctri
Question 1: Whether Petitioner's Constitutional Rights and Due Process were violated through Texas non-judicial foreclosure and abuse of FRCP 12(b)(6) motions. Whether nonjudicial foreclosures wrongly reverse the standing requirement under Article III of the Constitution.
Question 2: Whether Mortgagee must Strictly comply with the UCC Regulations to prove ownership of the note and to enforce a note.
Question 3: Whether the 5b Cir., could ignore the Petitioner's Notice of Appeal filed on 1/6/22 and refiled on 1/18/22 to rule in err "it did not have jurisdiction over the Motion to Vacate submitted 10/26/21". 21-11079 Document 00516179418 & 00516343516 page 56.
Question 4: Whether the N.D. Tex., and 5' Cir., failed in their duty and/or erred in its application of Federal Rules of Evidence. N.D. Tex. did not apply the Exhibits of Petitioner as extension of the Pleadings in light of FRCP 10(c). 5» Cir., according to the evidence failed in its duty to follow Federal Rules of Evidence by ignoring evidence the note and deed were forged therefore void ab initio.
Question 5: Whether a Trust that according to the evidence "Does Not Legally Exist" because it is unregistered in the SEC EDGAR system and was not listed in Ally/ ResCap Bankruptcy, were able to be transferred and have rights/standing to enforce a note?
Question 6: Whether the valid Chain of Title is necessary for foreclosure of property. Whether mortgagees can make capital of the justice system by using facially invalid documents, to create nonexistent standing, essentially resulting in theft of property.
Question 7: Whether Judge Means should have recused himself under 28 USC §455 because of a conflict of interest, which resulted in bias and abuse of discretion evidenced by Membership to the Texas Association of Bank Counsel; failing to apply Doctrine of Abstention; Abuse of Discretion by ordering an amendment of the Complaint based upon a Deficient Notice of Removal; Ordering a complaint to be limited to 25 pages; Denied Request for Admissions; and Double standard regarding application of Statutes of Limitation.
Whether Petitioner's Constitutional Rights and Due Process were violated through Texas non-judicial foreclosure and abuse of FRCP 12(b)(6) motions