No. 23-5870

George Tolbert v. Nationstar Mortgage, LLC, dba Mr. Cooper

Lower Court: Seventh Circuit
Docketed: 2023-10-24
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-violation consumer-protection discovery due-process federal-regulation foreclosure mortgage-foreclosure property-rights sanctions
Latest Conference: 2024-01-05
Question Presented (from Petition)

1 NATIONSTAR d/b/a MISTER COOPER FAIL TO MAKE DISCLOSURE
AND COOPERATE IN DISCOVERY, UNDER RULE 37 AND SANCTIONS

2.NATIONSTAR dba MR. COOPER VIOLATE THE 120 DAY RULE BY
NOT WAITING 120 PASS MISSED PAYMENT TO FILE FORECLOSURE :
VIOLATION OF DODD-FRANK 120 DAY RULE

3.NATIONSTAR FAIL AS A SERVICER BY NOT ACCEPTING AND
* POSTING PAYMENTS TO ACCOUNT, RETURNING PAYMENTS THAT
SHOULD HAVE BEEN POSTED: CONSUMER FINANCIAL PROTECTION
BUREAU 1024.35

4.NATIONSTAR ILLEGALLY ENTERING TOLBERT RESIDENCE PRIOR
TO FORECLOSURE VIOLATING THE 4TH, THE SEVENTH AMENDMENTS
TO THE CONSTITUTION AND 14 735 ILCS 5/9-10 NO PERSON SHALL MAKE
ENTRY INTO LAND OR TENEMENT EXCEPT IN CASE WHERE ENTRY IS
ALLOWED BY LAW. NATIONSTAR DAMAGED ALL THREE ENTRY DOORS AND
PUT A LOCK BOX ON DOOR.

5.JUDGE EDWARD KING VIOLATE THE CANNON 2A BY REFUSING TO
SIGN PLAINTIFF TOLBERT SUBPOENA TO NATIONSTAR, MISTER COOP
ER, FREDDIE MAC AND EACH SERVICER. SEE CANON 2 A PROMOTE
PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF THE JUDICIARY

6.JUDGE LYNN WEAVER BOYLD MAKE THE CORRECT DECISION
AFTER BEING PRESENTED WITH EVIDENCE THAT NATIONSTAR AND ITS
PROPERTY PRESERVATION SERVICES WERE GUILTY OF RACKETEERING

BY ILLEGALLY CHARGINGPLAINTIFF TOLBERT FOR EXCESSIVE AND UN
NECESSARY PROPERTY MANAGEMENT SERVICES; WHICH MAKES THE
-AMOUNT DUE AND OWING INCORRECT. THIS MISTAKE MAKE THE JUDGE
MENT OF FORECLOSURE WRONGFUL

7. NATIONSTAR VIOLATED FEDERAL RULE 1024.36 REGULATION
X; DID NOT RESPOND REQUEST FOR INFORMATION-NOTICE OF ER
ROR SUBPOENA, WRITTEN INTERROGATIVE, MOTION TO COMPEL,
MOTION TO PRODUCE, DOCUMENT. REQUEST FOR CLOSING DOC
UMENT

8. NATIONSTAR VIOLATED HUD REGULATION WHICH ONLY ALLOWS
PROPERTY MANAGEMENT FOR VACATE AND ABANDON PROPERTY.
THE ILLEGAL EXCESSIVE AND UNNECESSARY PROPERTY PRESERVA
TION ILLEGAL CHANGES MAKE THE AMOUNT DUE AND OWING IN
CORRECT: 735 ILCS 5/15-1506 AFFIDAVIT IN SUPPORT OF AMOUNT DUE AND OWING
FILED AT TIME OF FILING FORECLOSURE

9. FORECLOSURE TOOK PLACE WITH ERRORS ON THE AFFIDAVIT
OF SERVICE:TWO DOCUMENT WERE FILE ONE FOR CASE NUMBER08330
AND 17CH08089 ONE SAYING HAMP WAS OFFERED THE OTHER SAME IT
* WAS NOT. THIS PETITIONER REQUESTED H.A.M.P CONSIDERATION

10. NO MEDIATION AFFIDAVIT FILED WITH FOREC

Question Presented (AI Summary)

Whether Nationstar/Mr. Cooper failed to comply with discovery rules, the Dodd-Frank 120-day rule, and other consumer protection regulations, and whether the foreclosure proceedings were conducted properly

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-03-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)
2023-02-07
Application (22A715) granted by Justice Barrett extending the time to file until March 12, 2023.
2022-12-15
Application (22A715) to extend the time to file a petition for a writ of certiorari from January 11, 2023 to March 12, 2023, submitted to Justice Barrett.

Attorneys

George Tolbert
George Tolbert — Petitioner