Leonard Nyamusevya v. Franklin County Court of Common Pleas, et al.
DueProcess FourthAmendment Patent JusticiabilityDoctri
Would the U.S. Constitution not limited to the 5th and the 14th Amendments and Article IV, Section 4(B), of the Ohio Constitution divest the Franklin County Court of Common Pleas Ohio's original jurisdiction upon the extinguishment of a Mortgagee's justiciable controversy against a Mortgagor?
QUESTIONS PRESENTED INTRODUCTION AND FACTS: 1. In the State of Ohio, Article IV, Section 4, of the Ohio Constitution confers the jurisdiction upon the Courts of Common Pleas as follows: (A) There shall be a court of common pleas and such divisions thereof as may be established by law serving each county of the state... (B) The courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters... as may be provided by law. 2. Therefore, pursuant to Article IV, Section 4(B), of the Ohio Constitution, the Franklin County Court of Common Pleas Ohio shall have original jurisdiction over all justiciable matters. A Mortgagee’s Foreclosure action is a justiciable controversy that is under the Franklin County Court of Common Pleas Ohio’s original jurisdiction. Since a Mortgagee’s mortgage loan lien account can be satisfied and paid off entirely and reduced to a $0.00 balance, Article IV, Section 4(B), of the Ohio Constitution does not state “what will happen to the Franklin County Court of Common Pleas Ohio’s original jurisdiction upon the extinguishment of a Mortgagee’s justiciable controversy against a Mortgagor, due to a pay off entirely foreclosure judgment. 3. Upon the extinguishment of a Mortgagee’s justiciable controversy against a Mortgagor, upon a mortgage loan lien account is satisfied and paid off entirely and reduced to a $0.00 balance, which prompts the Franklin County Court of Common Pleas Ohio to lack a Mortgagee’s justiciable controversy against a Mortgagor; therefore, the U.S. Supreme Court should answer this question as follows: “Would the U.S. Constitution not limited to the 5" and the 14" Amendments and Article IV, Section 4(B), of the Ohio Constitution divest the Franklin County Court of Common Pleas Ohio’s original jurisdiction upon the extinguishment of a Mortgagee’s justiciable controversy against a Mortgagor?” What would happen to the Franklin County Court of Common Pleas Ohio’s original jurisdiction in the absence and termination of a Mortgagee’s justiciable controversy against a Mortgagor, after the Foreclosure Complaint was filed in a Court of Common Pleas Ohio and a Final 2 @ @ Foreclosure Judgment was entered? In this instant case, the Mortgagee concealed upon the Court of Common Pleas the payments it received from Petitioner and the payment it received from the Chapter 13 Bankruptcy Trustee; and further unlawfully and fraudulently in violation of O.R.C. § 2329.191(B)(7) concealed that Petitioner was granted a Bankruptcy Court’s Order of Discharge (see