Felix I. Gaspard v. BAC Home Loans Servicing, LP, et al.
1. Under the U.S and Florida Constitutions, pursuant to applicable rules"plaintiffs" entered into with 49 States and the Federal Government the fraud claims brought against them for causing thethe very same of law and the various consent decrees to resolve 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 legitimate public purpose but on the behalf of and for the benefit of a still unidentified real party in interest, by means of the type of fraudulent and vexatious foreclosure action initiated "plaintiffs", where the pro se blackfor no homestead property, same by and through the same 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 the judiciary under the color of law and authority allowed the plaintiffs to commit fraud upon the court with impunity?where and Florida Constitutions, under the applicable
2. Under the U.S. Rule of Law,
Whether aState 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, of a void ab initio Finalwithout due by means of his fundamental right to a timelyprocess nor compensation, Judgment for violation requested jury trial on his compulsory counterclaim, collector shielded by the courts from disclosing its entitlementto a debt to relief even up to now?
Whether another law firm be allowed to obtain a writ of possession the third party that they claim to when against Defendant, represent denies any involvement with them, a third party that did cash at auction not participate in the proceedings, did not pay 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?
3. Under the taking and the due process clauses of the U.S. and 1.170,Fla. Constitutions; pursuant to F.R. Civ. P., Rules 1.140, 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. 831; and the applicable rules of law pertaining to a foreclosure action initiated by a self-proclaimed servicer with, to this day, identified principal or real party in interest to validate an agency relationship, to authorize and ratify this action,117, 817 and no 25-count Amended Compulsory Counterclaim, among them for Fraud and to Quiet Title, with timely jury trialWhether a Defendant's requested, can be dismissed with prejudice, (even to parties that served or made an appearance in the case, to parties whom Administrative Clerk Default were sought for failure were never against to file any responsive papers) , the basis of res judicata,on collateral estoppel, merger doctrine, litigation privilege, fundamental and constitutional rights were - If the defendant's violated by all involved:
- If the predecessor Circuit court, the Honorable Judge Spencer Eig eviscerated defendant's counterclaim and defenses
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