John M. Barone v. Wells Fargo Bank, N.A.
DueProcess Securities JusticiabilityDoctri
Whether the National Bank Act, 12 U.S.C. 1 et seq. restrictions on states, federal preemption and exclusive federal regulation vie for exclusive federal jurisdiction of Wells Fargo and national banks? and Whether state Courts as an appendage of the states are allowed to be separated therefrom under the Constitution, rendering the segregation within the NBA as unconstitutional?
QUESTIONS PRESENTED This Court gives clear direction to prevent manifest injustice, for years the system failed millions of Americans and their Constitutional rights. Many were harmed by Wells Fargo and its numerous frauds. Unwarranted protections are given by Courts to assist in evasion and concealment of its many unlawful acts, especially in mistreatment of Pro Se parties. For over a decade, banks have taken advantage of government’s unconstitutional seizure of Fannie Mae, by wrongfully taking millions of Constitutionally protected properties. National banks orchestrated millions of wrongful foreclosures in state Courts while unethically utilizing federal preemption to quash many Americans claims. Americans claims have also been wrongfully suppressed of freedom of speech by social media. The Constitution, its rights and protections therein must be held sacred, and the justice system centered by this Court must guarantee those rights and protections. : When Courts charged with protecting Constitutional rights, including property rights heavily favor the unjust blatantly violating these rights and protections, the system is failing. Millions were unlawfully removed : from their property while Courts assisted and/or turned a blind eye. This Court as protector of the Constitution ; must right these wrongs to ensure an unflagging commitment to these guaranteed rights and protections. This case raises important issues of federal jurisdiction over national banks, federal RICO claims and government’s Total Control over a de facto State-actor. It raises questions over Constitutional property rights and fraudulent seizure, including mortgage securitization (RMBS), default derivatives (CDSs, CDOs) and foreclosure and modification fraud. It raises Constitutional questions of FL appeals Court procedure infringing on Due Process. Thus, the questions presented are: ii 1.Whether the National Bank Act, 12 U.S.C. 1 et seq. restrictions on states, federal preemption and exclusive _ federal regulation vie for exclusive federal jurisdiction of Wells Fargo and-national banks? and Whether state Courts as an appendage of the states are allowed to be separated therefrom under the Constitution, rendering the segregation within the NBA.as unconstitutional? . 2. Whether a state Court’s unwillingness to entertain federal claims by clear and concise direction to , “leave federal claims to the federal Court” violates Due Process and warrants a motion to stay proceedings in favor of a coexistent federal action? : ‘3. Whether FL appeals Court procedure allowing for non-opinioned orders and denial of requests to legally , ‘ substantiate these orders to remove review authority of ; the state High Court is unconstitutional and violates ; the guarantee of a fair legal process? Should all courts , be held to the opinion standards of Federal Courts to , satisfy Due Process? : 4. Whether U.S. Government’s unconstitutional involvement in millions of foreclosures through FHFA and de facto and entwined State-actor Fannie Mae subject it to federal Court jurisdiction and the property “takings” clause of the U.S. Constitution? ' 5. Whether RMBS and REMIC trust securitization and rehypothecation of mortgage notes utilizing homeowners property as collateral without consent or knowledge is unlawful and unconstitutional? and Whether collection of financial benefits not applied to and above note debt owed are unlawful and unconstitutional?