mortgage-securitization

10 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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 Ninth Circuit 2022-04-19 Denied civil-rights due-process foreclosure foreclosure-capacity fraudulent-billing mortgage mortgage-securitization non-existent-entity pmI-proceeds securitization standing trust-standing Whether a non-existent entity have standing or capacity to do business, acquire a mortgage and foreclose?
21-1269 Heidi M. Lobstein, et al. v. Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2007-OC1, et al. Ninth Circuit 2022-03-21 Denied capacity foreclosure foreclosure-fraud legal-identity mortgage mortgage-securitization perjury procedural-misrepresentation securitization standing trust-standing Whether the court must take as true the sworn testimony of the Respondents that they are not a Trust and also take as true that they are a trust when …
20-1242 Frances Endencia v. Mario Arce Illinois 2021-03-09 Denied adverse-possession cloud-of-title due-process illegal-evictions mortgage-securitization property-rights real-estate-taxes securitization title-insurance Where the banks separated the mortgage and the note via securitization and sold the mortgage to numerous investors who did not pay real estate taxes, …
20-703 William Kinney Jr., et al. v. Urban Housing Development, LLC Oregon 2020-11-23 Denied Response Waived civil-rights constitutional-rights due-process foreclosure jurisdiction mortgage-securitization property-rights res-judicata standing Whether the Multnomah County Trial Court is without jurisdiction to Adjudicate the Defected Inferior FED action because of the Original jurisdiction o…
20-399 Jung Hyun Cho, et al. v. Select Portfolio Servicing, Inc., et al. Ninth Circuit 2020-09-28 Denied Response WaivedRelisted (2) due-process mortgage-securitization non-judicial-foreclosure property-dispute standing subject-matter-jurisdiction unlawful-detainer Whether a state summary court has competent jurisdiction over an unlawful detainer action challenged by a bona fide property dispute arising from a no…
19-1096 Multiventas y Servicios, Inc., et al. v. Oriental Bank Puerto Rico 2020-03-06 Denied credit-default-swap due-process foreclosure foreclosure-standing jurisdiction mortgage-securitization note-ownership promissory-note securities-law securitization standing standing-to-sue ucc-section-3 ucc-section-8 uniform-commercial-code Whether the plaintiff lacks standing to sue for collection of monies and foreclosure when the plaintiff is neither owner, nor holder, nor possessor of…
19-7612 Sha'Ron A. Sims v. Wells Fargo Bank, N.A., et al. Eleventh Circuit 2020-02-11 Denied IFP 14th-amendment due-process equal-protection mortgage-foreclosure mortgage-securitization property-rights securitization standing standing-doctrine Are the laws of standing applied in a manner which violate the homeowner's 14th Amendment's right, under the Federal Constitution, to be equally prote…
19-408 Garey R. Nehrke v. Wells Fargo Bank, N.A. Florida 2019-09-26 Denied Response Waived constitutional-rights federal-jurisdiction federal-jurisdiction-banking foreclosure-fraud gse-state-actors gses mortgage-securitization national-bank-act national-banks securities-law state-actors state-preemption takings-clause whistleblower-retaliation Whether Wells Fargo and others under National Bank Act, 12 U.S.C. 1 et seq. exclusive federal regulation and pre-emption, along with restrictions on s…
19-82 Paul V. Cannon v. Bank of America, National Association, et al. First Circuit 2019-07-16 Denied borrower-rights breach-of-contract civil-rights contractual-obligations due-process failure-to-state-claim loan-disclosure mortgage-securitization securitization standing unjust-enrichment Whether the district court properly dismissed the complaint for failure to state a claim
18-670 SFR Investments Pool 1, LLC v. Federal Home Loan Mortgage Corporation, et al. Ninth Circuit 2018-11-21 Denied Amici (1) federal-housing-finance federal-housing-finance-authority fhfa foreclosure-bar lien-enforcement lien-priority mortgage-securitization property-rights real-estate-transactions secondary-mortgage-market securitized-mortgages statutory-interpretation tax-liens Does 12 U.S.C. § 4617(j)(3) apply to foreclosures of properties for which FHFA holds a securitized mortgage solely as trustee for the security holders…