No. 20-703

William Kinney Jr., et al. v. Urban Housing Development, LLC

Lower Court: Oregon
Docketed: 2020-11-23
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights due-process foreclosure jurisdiction mortgage-securitization property-rights res-judicata standing
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the Multnomah County Trial Court is without jurisdiction to Adjudicate the Defected Inferior FED action because of the Original jurisdiction of Petitioner's Verified Federal Complaint?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. This Court often emphasizes the importance of preserving the public’s trust in the legal system. But over the past decade, courts have left the public and homeowners with questionable decisions and actions that have marred the system. Unfortunately, millions harmed are average American’s, their families and friends. Every American has been affected, as these outcomes have had a lasting negative effect on the economy and wealth, including . record poverty, homelessness, health care costs, low wage jobs and government assistance, while infringing on Constitutional Rights. Herein, there are numerous questionable issues by the courts and others in favor of the numerous banks and lenders in this case,. particularly HSBC Plc, Mortgage Electronic Registration Systems (MERS), the government’s interest in MERS, and U.S. Bank NA, the alleged note owner. This case raises important issues over the government’s direct __ financial interest in trillions of dollars’ in taxpayer backed mortgages, FNMA as de facto State actor, national banks, mortgage : securitization (RMBS), default insurance (CDSs and CDOs), Constitutional property rights, foreclosure and modification fraud, standing and void judgements in need of addressing. This case raises questions of Constitutionality of Oregon law that infringes on Due Process under Amendment V. Thus, the questions presented are: ; 1). Whether the Multnomah County Trial , Court is without jurisdiction to Adjudicate the Defected Inferior FED action because of the ; Original jurisdiction of Petitioner’s Verified Federal Complaint? 2). Whether or not Respondents Should be Allowed to Proceed with FED Action when Respondent UHD’s Proper Remedy was an Action for Ejectment Under ORS 105.001? 3). Whether a Supersedeas Undertaking Requirement of the Value of “Use and Occupation” Should Be Equivalated to the Rate of the Purported Last Monthly Mortgage Invoice Statement? 4). Whether or Not it is Error for Respondent Multnomah County Trial Court to Rely Upon a Res Judicata Opinion of Dismissal of Counterclaims based Upon Dismissal of Petitioner’s Federal Complaint? ;

Docket Entries

2021-01-11
Petition DENIED.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-07
Waiver of right of respondent Urban Housing Development to respond filed.
2020-11-14
Petition for a writ of certiorari filed. (Response due December 23, 2020)

Attorneys

Urban Housing Development
Mark G. PassannanteBroer + Passannante, P.S., Respondent
Mark G. PassannanteBroer + Passannante, P.S., Respondent
William Kinney, et al.
William Kinney Jr. — Petitioner
William Kinney Jr. — Petitioner