No. 21-1361

Marguerite DeSelms, Individually and as Trustee of the Circle Road Revocable Living Trust Dated November 11, 2010 v. Bank of New York Mellon, fka The Bank of New York

Lower Court: Ninth Circuit
Docketed: 2022-04-19
Status: Denied
Type: Paid
Tags: civil-rights due-process foreclosure foreclosure-capacity fraudulent-billing mortgage mortgage-securitization non-existent-entity pmI-proceeds securitization standing trust-standing
Key Terms:
DueProcess Securities Privacy JusticiabilityDoctri
Latest Conference: 2022-06-16
Question Presented (AI Summary)

Whether a non-existent entity have standing or capacity to do business, acquire a mortgage and foreclose?

Question Presented (OCR Extract)

QUESTION PRESENTED The securitization of a mortgage into a closed trust require that the servicer carry PMI on every loan, and that any default is paid in full by the collection of that insurance, satisfying the mortgage. In the instant case, the insurance recovery was not credited to the borrowers account, unjustly enriching the lender. Ambac Assurance came before the district court and admitted in their opening brief that they | paid this trust in full but the lender never credited | that payment to the Appellant’s mortgage account. This was accomplished in the name of a trust which no longer existed, by obtaining foreclosures in the name of an unlicensed, non-registered trust. This entity sought a triple-bonanza of payouts from the parties connected to these mortgages by obtaining three separate payouts—first, by filing fraudulent class actions and false billing statements; second, by collecting PMI proceeds without crediting Petitioners’ mortgage; and third, by profit on sale of Petitioners’ property. The Questions Presented Is: Whether a non-existent entity, who could not lawfully securitize a note and mortgage into an already closed trust, have standing or capacity to do business, . acquire a mortgage and foreclose?

Docket Entries

2022-06-21
Petition DENIED.
2022-05-31
DISTRIBUTED for Conference of 6/16/2022.
2022-03-14
Petition for a writ of certiorari filed. (Response due May 19, 2022)

Attorneys

Marguerite Deselms
Marguerite DeSelms — Petitioner
Marguerite DeSelms — Petitioner