Haywood Jackson Mizell v. Wells Fargo Bank, N.A., et al.
Takings DueProcess FifthAmendment Privacy JusticiabilityDoctri
1.Whether or not a mortgagee is required to "Surrender the unseparated mortgage and promissory note instruments of debt if full payment is made."
2.Whether or not a mortgagee, without authority, can use absent power of sale in a simulated nonjudicial foreclosure auction to convey private property for public use in order for the public entity to evades payment of just compensation, the rogue foreclosure attorney to use the proceeds from the auction "trust funds" for attorney's personal unjust enrichment complete with court approval?
3.Whether not the Eleventh Circuit Court of Appeals can justify two foreclosure auctions when the auctions are conducted by a mortgagee's attorney who only holds a null and void contract?
4.Whether or not the Eleventh Circuit Court of Appeals should lawfully rule that only the holder-in-due course can foreclose?
5.Whether or not an absent bidder's credit-bid at a cash-only auction be declared the high bidder and the secured property conveyed in a filed foreclosure deed?
6.Whether or not the Eleventh Circuit Court of Appeals be allowed to affirm a District Court ruling that defies individual rights to just enrichment and due process as defined in United States Supreme Court rulings plus denying right of redemption?
7.Whether or not courts should be allowed to ignore wrongful foreclosures and the subsequent award of treble damages?
8.Whether or not a mortgagee can evade an obligation of a consensual contract by refusing to post a security Mortgage Banker Bond and refusing pre-payment in full so that the mortgagee can convey the property to whomever chosen, hoping to avoid bond examination and maybe a less thorough judicial review?
9.Whether or not an original promissory note and mortgage be filed with the court clerk for authentication before the court can gain subject-matter jurisdiction, or is the unverified and unsworn statements of counsel to be considered competent evidence?
10. Whether or not a foreclosure auction conducted by a non-holder-in-due course be ruled valid?
11. Whether or not delay payments in the amount of 12% per annum be paid to the property owner as penalty in order to discourage public entity's delay in full payment of just compensation?
12. Whether or not Google's answer is true for the question, "can a city purchase private property at mortgage foreclosure? The Google answer, "No, a city cannot purchase private property in a foreclosure auction solely for nonpayment of a monthly mortgage, foreclosure auctions are typically initiated by the lender mortgage holder to recover the outstanding loan balance when a borrower defaults on the mortgage payments.
13. Whether or not private creditors can collude with sovereign public entities to seize private property for public use, using an Eleventh Circuit Court instant approved method, to defy "irrevocable right" that would instead permit the paying of less than the property's value and allowing the private rogue attorney to gain unjust enrichment for his personal use.
14. Whether or not a mere form of a proceeding instituted against a private property owner can or cannot convert the process used into due process of law, if the necessary result be to deprive him of his property without just compensation?
Whether a mortgagee is required to surrender unseparated mortgage and promissory note instruments of debt if full payment is made