No. 20-1242

Frances Endencia v. Mario Arce

Lower Court: Illinois
Docketed: 2021-03-09
Status: Denied
Type: Paid
Tags: adverse-possession cloud-of-title due-process illegal-evictions mortgage-securitization property-rights real-estate-taxes securitization title-insurance
Key Terms:
Securities
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Where the banks separated the mortgage and the note via securitization and sold the mortgage to numerous investors who did not pay real estate taxes, can the homeowner remove cloud of title and own the real estate mortgage(deed)?

Question Presented (OCR Extract)

Questions Presented ; 8) In pursuant to Constitutional Amendment XIV § 1, where the banks such as Bank of America & Wells Fargo separated the mortgage and the note via securitization and sold the mortgage to numerous _ investors who did not pay real estate. taxes. The : lenders continue to accept payments for the unsecured note and failed to disclose to the homeowner that the tie ae real estate is not secured by mortgage. Homeowner pays the real estate taxes.on the unsecured note. After eight years of paying the real estate taxes, can the homeowner remove cloud of title and own the real estate mortgage(deed)? . | Who owns the mortgage(deed)? 2) 18 US Code § 1031 (a) (1), Bank of America . (ender) failed to disclose to petitioner that the note was separated from the mortgage before closing. First i American Title insurance knew about this and did not disclose the cloud in title and made her pay $8,190.91. in settlement fees when there was no title insurance. The lack of title insurance was disclosed in August 2015. In December 14-16, 2015 the respondents evicted. the petitioner Frances without a court order : and stole everything she had. The stolen property is worth more than what she owes the lender. Petitioner paid real estate taxes from 2006 thru 2013. Can Petitioner Frances own 235.S Hale Addison Il-60101 free from cloud in title in pursuant to 735 ILCS 5/13109 ~ the law of adverse possession claims with color of title? a, II.

Docket Entries

2021-05-17
Petition DENIED.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-02-22
Petition for a writ of certiorari filed. (Response due April 8, 2021)

Attorneys

Frances Endencia
Frances Endencia — Petitioner
Frances Endencia — Petitioner