No. 19-408

Garey R. Nehrke v. Wells Fargo Bank, N.A.

Lower Court: Florida
Docketed: 2019-09-26
Status: Denied
Type: Paid
Response Waived
Tags: 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
Latest Conference: 2019-11-15
Question Presented (from Petition)

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 on states require federal Court jurisdiction? and Whether federal Court jurisdiction is required due to U.S. Government's involvement in millions of de-facto and entwined GSE State-actor foreclosures and subject it to the property "takings" clause of the U.S. Constitution?(RMBS),

2. Whether "selling" and/or "pledging" millions of homeowners' property as collateral without consent and disclosure through RMBS securitization and rehypothecation of mortgage notes is unlawful, unconstitutional and violate NEMO DAT QUOD NON HABET? and Whether SEC securities laws prohibit this non-disclosure and collection of financial benefits not applied

Question Presented (AI Summary)

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 on states require federal Court jurisdiction? and Whether federal Court jurisdiction is required due to U.S. Government's involvement in millions of de-facto and entwined GSE State-actor foreclosures and subject it to the property 'takings' clause of the U.S. Constitution?

Docket Entries

2019-11-18
Petition DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-22
Waiver of right of respondent Wells Fargo Bank, N.A. to respond filed.
2019-09-18
Petition for a writ of certiorari filed. (Response due October 28, 2019)

Attorneys

Garey Nehrke
Garey R. Nehrke — Petitioner
Wells Fargo Bank, N.A.
Mary Josephine WalterLiebler, Gonzalez & Portuondo, Respondent