Joe O. Rodriguez, Jr. v. Bank of America, N.A., et al.

Petitioner, Joe 0. Rodriguez purchased a property and executed a mortgage secured with a deed of trust and promissory note granting Countrywide Home Loans, Inc. a lien on the real property. The trial court ruled that Rodriguez defaulted on the promissory note to Bank of America N.A., as the purported lien holder and owner, this despite newly discovered evidence that was intentionally withheld by Respondents reflecting that Bank of America's mortgage servicer fraudulently concealed a notice of assignment of deed of trust, showing that the Government National Mortgage Association ("GNMA") had breached the deed of trust rendering it null and void. GNMA failed its Texas statutory duty to record its interest the Assignment of Deed of Trust in the county records. The new material evidence exposed that Bank of America's Corporation Assignment of Deed of Trust/Mortgage was in fact a fraudulent transfer to Bank of America N.A. from Countrywide Home Loans, Inc. The evidence also proved Bank of America N.A. did not have a personal interest in the title, mortgage or property to have foreclosed on Rodriguez's property pursuant to Texas statute. Thus, Respondents lacked Article III, constitutional standing to have invoked federal court subject matter jurisdiction, and thus, lacked the capacity to countersue Rodriguez, or to have received a final judgment from the District Court as a matter of law. The questions presented are: 1. Whether the inferior courts decisions abridged Appellant's privilege and immunity as a citizen of the United States by dismissing his Rule 60(b)(4) lack of jurisdiction claim and newly discovered evidence by