securitization

7 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, who could not law fully securitize a note and mortgage into an already closed trust, have standing or capacity to do b…
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 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 co…
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 In pursuant to Constitutional Amendment XIV § 1, where the banks such as Bank of America & Wells Fargo separated the mortgage and the note via secu…
19-8311 John D. Dalen v. Federal National Mortgage Association, et al. South Carolina 2020-04-20 Denied Response WaivedIFP civil-rights constitutional-rights court-of-appeals due-process foreclosure securitization standing subject-matter-jurisdiction 1. Was Petitioner denied his Constitutionally "protected Common Law Right to a trial by jury, and his right to due process of law as a result of the c…
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 1. In an action for collection of monies and foreclosure where the plaintiff is neither owner, nor holder, nor possessor of the promissory note, if th…
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 "Procedural due process imposes constraints on governmental decisions which deprive individuals of "liberty" or "property" interests within the meanin…
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 1. Taking the allegations in Mr. Cannon's Complaint as true, did the District Court properly dismiss the Complaint for failure to state a claim upon w…