Tynisha Latrice Reinerio, nka Akosua Tanisha Aaebo v. Bank of America, N.A., et al.
DueProcess Securities JusticiabilityDoctri
Was the issue of res judicata and collateral estoppel improperly decided by the Eighth Circuit Court of Appeals?
QUESTIONS PRESENTED FOR REVIEW QUESTIONS 1. Whether the Court should resolve the following question: Was the issue of res judicata and collateral estoppel improperly decided by the Eighth Circuit Court of Appeals? ; 2. Did the Eight Circuit improperly adopt an erroneous set of facts which conflicts with the record, give improper standing to each of the Defendants and improperly predicate its opinion as to all Defendants on the said erroneous facts and standing? 3. Whether the Court should resolve the following question: Did the Eighth Circuit Court of Appeals retain jurisdiction based upon diversity despite SouthLaw, an admitted citizen of Missouri, not acting in a legally cognizable role as trustee in this case and no federal matters being in question? 4. Whether the Court should resolve the following question: Did Countrywide Home Loans, Inc. fund the alleged mortgage loan? 5. Whether the Court should resolve the following question: Is the Note in this case a legal promise according to UCC 3-103(a)(12)? 6. Whether the Court should resolve the following question: Was Petitioner an account debtor to Countrywide Home Loans, Inc. and/or The Bank of New York Mellon according to UCC 9-102(a)(3)? 7. Whether the Court should resolve the following question: Is the endorsement of the Note in this case a failed attempt to negotiate according to UCC § 3-110(b)? i 8. Whether the Court should resolve the following question: Was the Note in this case negotiated while in default? 9. Whether the Court should resolve the following question: Did Defendants fail to perfect security interest in Petitioner’s property in accordance with UCC 9312(e),(f),(g)? 10. Whether the Court should resolve the following question: Did The Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-3 ever have rights or specific interest in Petitioner’s property? 11. Whether the Court should resolve the following question: Did BONY receive sole assignment of the Note and Deed of Trust from Mortgage Electronic Registration Systems, Inc. on February 13, 2012 according to Mo. Rev. Stat. § 443.350? 12. Whether the Court should resolve the following question: Did Defendants ; provide sufficient proof of ownership of Petitioner’s property according to 15 USC § 7003? ; 13. Whether the Court should resolve the following question: Was CWABS, Inc., Asset-Backed Certificates Trust 2005-3 established as a statutory trust? 14, Whether the Court should resolve the following question: Was The Bank of New York Mellon holder of the note endorsed in blank? B. PARTIES INVOLVED ii Countrywide Financial Corporation; CWABS, Inc.; Countrywide Home Loans, Inc.; ; The Bank of New York Mellon (fka The Bank of New York), as Trustee for The Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-3; SouthLaw, P.C. (fka South & Associates, P.C.), as Successor Trustee for The Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-3; Bank of America, N.A. CWABS, Inc. is wholly owned by Countrywide Home Loans, Inc.; Countrywide Home Loans, Inc. is wholly owned by Countrywide Financial Corporation (dba : Countrywide Financial Services, Inc.); Countrywide Financial Corporation (dba Countrywide Financial Services, Inc.) is wholly owned by Bank of America, N.A. — iii”