| 21-1361 |
Marguerite DeSelms, Individually and as Trustee of the Circle Road Revocable Living Trust Dated November 11, 2010 v. Bank of New York Mellon, fka The Bank of New York |
Ninth Circuit |
2022-04-19 |
Denied |
|
civil-rights due-process foreclosure foreclosure-capacity fraudulent-billing mortgage mortgage-securitization non-existent-entity pmI-proceeds securitization standing trust-standing |
Whether a non-existent entity, who could not law
fully securitize a note and mortgage into an already
closed trust, have standing or capacity to do b… |
| 21-1269 |
Heidi M. Lobstein, et al. v. Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2007-OC1, et al. |
Ninth Circuit |
2022-03-21 |
Denied |
|
capacity foreclosure foreclosure-fraud legal-identity mortgage mortgage-securitization perjury procedural-misrepresentation securitization standing trust-standing |
The securitization of a mortgage into a closed trust require that the servicer carry PMI on every loan, and that any default is paid in full by the co… |
| 20-1242 |
Frances Endencia v. Mario Arce |
Illinois |
2021-03-09 |
Denied |
|
adverse-possession cloud-of-title due-process illegal-evictions mortgage-securitization property-rights real-estate-taxes securitization title-insurance |
In pursuant to Constitutional Amendment XIV
§ 1, where the banks such as Bank of America & Wells
Fargo separated the mortgage and the note via
secu… |
| 20-703 |
William Kinney Jr., et al. v. Urban Housing Development, LLC |
Oregon |
2020-11-23 |
Denied |
Response Waived |
civil-rights constitutional-rights due-process foreclosure jurisdiction mortgage-securitization property-rights res-judicata standing |
1). Whether the Multnomah County Trial Court is without jurisdiction to Adjudicate the Defected Inferior FED action because of the Original jurisdicti… |
| 20-399 |
Jung Hyun Cho, et al. v. Select Portfolio Servicing, Inc., et al. |
Ninth Circuit |
2020-09-28 |
Denied |
Response WaivedRelisted (2) |
due-process mortgage-securitization non-judicial-foreclosure property-dispute standing subject-matter-jurisdiction unlawful-detainer |
Whether a state summary court has competent jurisdiction over an unlawful detainer action challenged by a bona fide property dispute arising from a no… |
| 19-1096 |
Multiventas y Servicios, Inc., et al. v. Oriental Bank |
Puerto Rico |
2020-03-06 |
Denied |
|
credit-default-swap due-process foreclosure foreclosure-standing jurisdiction mortgage-securitization note-ownership promissory-note securities-law securitization standing standing-to-sue ucc-section-3 ucc-section-8 uniform-commercial-code |
1. In an action for collection of monies and foreclosure where the plaintiff is neither owner, nor holder, nor possessor of the promissory note, if th… |
| 19-7612 |
Sha'Ron A. Sims v. Wells Fargo Bank, N.A., et al. |
Eleventh Circuit |
2020-02-11 |
Denied |
IFP |
14th-amendment due-process equal-protection mortgage-foreclosure mortgage-securitization property-rights securitization standing standing-doctrine |
"Procedural due process imposes constraints on governmental decisions which deprive individuals of "liberty" or "property" interests within the meanin… |
| 19-408 |
Garey R. Nehrke v. Wells Fargo Bank, N.A. |
Florida |
2019-09-26 |
Denied |
Response Waived |
constitutional-rights federal-jurisdiction federal-jurisdiction-banking foreclosure-fraud gse-state-actors gses mortgage-securitization national-bank-act national-banks securities-law state-actors state-preemption takings-clause whistleblower-retaliation |
1. Whether Wells Fargo and others under National Bank Act, 12 U.S.C. 1 et seq. exclusive federal regulation and pre-emption, along with restrictions o… |
| 19-82 |
Paul V. Cannon v. Bank of America, National Association, et al. |
First Circuit |
2019-07-16 |
Denied |
|
borrower-rights breach-of-contract civil-rights contractual-obligations due-process failure-to-state-claim loan-disclosure mortgage-securitization securitization standing unjust-enrichment |
1. Taking the allegations in Mr. Cannon's Complaint as true, did the District Court properly dismiss the Complaint for failure to state a claim upon w… |
| 18-670 |
SFR Investments Pool 1, LLC v. Federal Home Loan Mortgage Corporation, et al. |
Ninth Circuit |
2018-11-21 |
Denied |
Amici (1) |
federal-housing-finance federal-housing-finance-authority fhfa foreclosure-bar lien-enforcement lien-priority mortgage-securitization property-rights real-estate-transactions secondary-mortgage-market securitized-mortgages statutory-interpretation tax-liens |
1. Does 12 U.S.C. § 4617(j)(3) apply to foreclosures of properties for which FHFA holds a securitized mortgage solely as trustee for the security hold… |