Garey R. Nehrke v. Wells Fargo Bank, N.A.
DueProcess Securities Privacy JusticiabilityDoctri
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?
QUESTIONS PRESENTED The petitioner, his family and millions of Americans have been violated of their Constitutional Rights for over : ; a decade due to the ongoing Foreclosure Crisis. In trying to rectify numerous wrongs committed against him and . his family by Wells Fargo, they have encountered countless unlawful acts of retaliation for whistleblowing. : They have been stonewalled in their pursuit of justice, as Wells Fargo has been assisted by Courts and : | leadership in avoiding its unlawful acts against them. If preventing manifest injustice is the mandate set forth ; by this Supreme Court, then rectifying the decades-long injustices inflicting undue and inexcusable harm on the ; petitioner, his family and millions of other victims must ‘ be first priority. The peoples Justice System and : . Constitution that bore it, can no longer afford the years : of failures in favor of habitual wrongdoer Wells Fargo and others, as it has permanently marred the system by : leaving millions questioning its validity. It is undeniable the GSEs are State-actors, as Fannie is operating under Treasury agreement with Wells : Fargo “solely as financial agent of the United ; : , States.” This stands true for Freddie Mac, as the oo government Totally Controls both entities, and as such has been wrongfully financially benefiting from millions of unlawful foreclosures. These mass unlawful foreclosures have directly led to persistent economic problems, including record poverty, homelessness, : . prescription drug abuse and alcoholism, brought on by spikes in anxiety, depression, PTSD and suicides. These serious issues are unacceptable in this Constitutional society and hit at the heart of our country’s defenses, as many active and retired military families have been . . victimized, as is the case herein. It is no secret, especially herein this Court, that mass ; : foreclosure fraud has been committed by Wells Fargo and others. These egregious frauds on the Courts ii . ; include lack of standing, as the unconstitutionally created FHFA utilized State-actors Fannie Mae and Freddie Mac (GSEs), along with Wells Fargo and other . : national banks to unlawfully utilize state Courts to commit mass fraud with countless false and misleading : statements, ‘by filing numerous fabricated documents : within schemes to gain unjust riches through facially void judgements. Through these schemes, millions of ' Home Equity Lines of Credit (HELOC) were foreclosed in violation of Uniform Commercial Code (UCC) and : state law, including FL law herein. The fact that. the government has financially benefitted through its unconstitutional Net Worth Sweep (NWS), has led to ; : talk of some kind of wrongful backdoor immunity deal , ; with factions of the government, protecting Wells Fargo ; and other wrongdoers, that has unconstitutionally ; stonewalled millions of American victims within the Courts. Wells Fargo and others ‘utilized the GSEs and multiple unlawful RMBS securitizations and rehypothecations to force millions of unsuspecting American homeowners into default by improperly ; manipulating government mandated modification. This directly led to mass foreclosure fraud, and forced many , into bankruptcy to protect their family’s homes, -including the petitioner's daughter and previous : petitioner Nicole Barone (17-1601). Utilizing these ~ undisclosed RMBS transactions in violation of SEC : ; securities laws, Wells Fargo and others collected unjust . riches well in excess of mortgage notes by unlawfully utilizing millions of Americans homes without ; disclosure, consent and authority, and without applying benefits to the note balances. Additionally, under NEMO ; : DAT QUOD NON HABET, Wells Fargo and others, including the GSEs are not Legal Owners and have no , right to “sell” and/or “pledge” the homeowners rights. : This case raises vital issues of federal jurisdiction . over Wells Fargo, national banks and the GSEs as de facto State-actors. It raises questions ove