Linda Ames v. HSBC Bank USA, N.A.
DueProcess Securities JusticiabilityDoctri ClassAction
Does the complete absence from the jurisdiction of this court from the outset of the assignment in 2011 entitle the plaintiff to claim that the statute of limitations was tolled at all times relevant to the relationship between the parties?
QUESTION PRESENTED ONE DOES THE COMPLETE ABSENCE FROM THE JURISDICTION OF THIS COURT FROM THE OUTSET OF THE ASSIGNMENT IN 2011 ENTITLE THE PLAINTIFF TO CLAIM THAT THE STATUTE OF LIMITATIONS WAS TOLLED AT ALL TIMES RELEVANT TO THE RELATIONSHIP BETWEEN THE PARTIES? . TWO BECAUSE THE DEFENDANT WAS PAID IN FULL OR PARTIALLY PAID AS A RESULT OF THE CLASS ACTION SETTLEMENT AND OTHER SETTLEMENTS BETWEEN THE INVESTORS AND SERVICERS AND ORIGINATORS AND RECOVERED PRIVATE MORTGAGE INSURANCE PROCEEDS, IS AMES ENTITLED TO CLAIM THE DEFENDANT WAS ALREADY PAID BEFORE THE FORECLOSURE OF HER HOME? THREE WAS THE DEFENDANT APPELLEE WAS UNJUSTLY ENRICHED WHEN IT COLLECTED THE PROCEEDS OF THE SALE OF HER HOME? FOUR DID AMES WAIVE HER QUIET TITLE, WRONGFUL FORECLOSURE, CONVERSION, AND CIVIL CONSPIRACY CAUSES OF ACTION WHEN SHE FAILED TO ENJOIN THE VOID FORECLOSURE SALE WHERE THERE WAS NO SALE TO ENJOIN, SHE WAS TOLD IT WAS CANCELLED AND THE APPOINTMENT OF THE TRUSTEE WAS VOID? FIVE DID THE COURT ERR IN GRANTING THE MOTION FOR SUMMARY JUDGMENT WHERE IT WAS PREMATURE AS THE DEFENDANT / APPELLEE FAILED AND REFUSED TO RESPOND TO THE DISCOVERY PROPOUNDED FOR pg. 2 MORE THAN A YEAR AFTER BEING ORDERED TO RESPOND? SIX WAS THE APPOINTMENT OF THE TRUSTEE BY WELLS FARGO VOID WHERE WELLS FARGO HAD ALREADY ASSIGNED ALL THEIR RIGHT TITLE AND INTEREST IN THE NOTE AND MORTGAGE AT THE TIME THEY ~ APPOINTED A SUCCESSOR TRUSTEE? pg. 3