No. 23-5521

Jackie Gaff v. MSNI Advantage, L.P., et al.

Lower Court: Fifth Circuit
Docketed: 2023-09-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-rights due-process federal-rules-of-civil-procedure foreclosure foreclosure-procedure non-judicial-foreclosure standing standing-requirement ucc ucc-regulations
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

Whether Petitioner's Constitutional Rights and Due Process were violated through Texas non-judicial foreclosure and abuse of FRCP 12(b)(6) motions

Question Presented (OCR Extract)

No question identified. : CERTIFICATE OF INTERESTED PERSONS The undersigned Pro Se Litigant of record certifies that the following listed persons and entities have an interest in the outcome of this case. These representations are made in order that the judges of this court may evaluate possible disqualification or _ recusal. The following have a financial interest in the outcome of this case Petitioner Jackie Gaff aka Jackie Goff Respondents Past or Present Attorney Ally Financial, Incorporated e Ethan Ostvroff e Virginia Bell Flynn e John Curtis Lynch | Bank of America, N.A. e Justin R. Opitz, Esq ¢ Taylor William Meek ; ‘ : e Heather N. Sutton MBS Defendants ee P Morgan Chase Bank, N.A. IPHH Mortgage Corporation PHH Corporation IOcwen Loan Servicing, L.L.C. Ocwen Financial Corporation ¢ Christopher D. Kratovil, Esq .S. Bank National Association e Erica Michelle Lux . U.S. Bank National Association, as Trustee) ° Adam Ross Nunnallee successor in interest to Bank of America) * Meredith Sohaila Tavallaee National Association, as Trustee, successor b merger to LaSalle Bank National Association, las Trustee for Residential Asset Mortgage ‘Products, Inc. Mortgage Asset-Backed Pass Through Certificates, Series 2007-RP1 _ IHappe Defendants . IMSNI Advantage, L.P [Karissa Happe Jones, aka “Krissie” IMain Street Asset Solutions, Inc. . Page |i QUESTIONS Question 1: Whether Petitioner's Constitutional Rights and Due Process were violated through Texas non-judicial foreclosure and abuse of FRCP 12(b)(6) motions. Whether nonjudicial foreclosures wrongly reverse the standing requirement under Article III of the Constitution. Question 2: Whether Mortgagee must Strictly comply with the UCC Regulations to prove ownership of the note and to enforce a note. Question 3: Whether the 5b Cir., could ignore the Petitioner's Notice of Appeal filed on 1/6/22 and refiled on 1/18/22 to rule in err “it did not have jurisdiction over the Motion to Vacate submitted 10/26/21". 21-11079 Document 00516179418 & 00516343516 page 56. Question 4: Whether the N.D. Tex., and 5‘ Cir., failed in their duty and/or erred in its application of Federal Rules of Evidence. N.D. Tex. did not apply the Exhibits of Petitioner as extension of the Pleadings in light of FRCP 10(c). 5» Cir., according to the evidence failed in its duty to follow Federal Rules of Evidence by ignoring evidence the note and deed were forged therefore void ab initio. Question 5: Whether a Trust that according to the evidence “Does Not Legally Exist” because it is unregistered in the SEC EDGAR system and was not listed in Ally/ ResCap Bankruptcy, were able to be transferred and have rights/standing to enforce a note? Question 6: Whether the valid Chain of Title is necessary for foreclosure of property. Whether mortgagees can make capital of the justice system by using facially invalid documents, to create nonexistent standing, essentially resulting in theft of property. Question 7: Whether Judge Means should have recused himself under 28 USC §455 because of a conflict of interest, which resulted in bias and abuse of discretion ’ evidenced by Membership to the Texas Association of Bank Counsel; failing to apply Doctrine of Abstention; Abuse of Discretion by ordering an amendment of the Complaint based upon a Deficient Notice of Removal; Ordering a complaint to be limited to 25 pages; Denied Request for Admissions; and Double standard regarding application of Statutes of Limitation. oy . Page | ii . “ye

Docket Entries

2024-01-08
Rehearing DENIED.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Petition for Rehearing filed.
2023-11-06
Petition DENIED.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-04
Waiver of right of respondent Ally Financial Inc. to respond filed.
2023-03-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2023)

Attorneys

Ally Financial Inc.
Jason E. ManningTroutman Pepper Hamilton Sanders LLP, Respondent
Jackie Gaff
Jackie Gaff — Petitioner