James Bryson Graham v. Wells Fargo Bank, N.A., et al.

Can the holder of an obligation to pay retain the authenticated obligation instrument after it has been satisfied by legal tender in the amount of its valuation especially after courts have found that National Banks and/or subsidiary Mortgage companies cannot retain the note? (National Bank Act, Sect 28 & 56" National Bank of Commerce v. Atkinson, 8 Kan. App. 30, 54 P. 8 (1898). Can a definitive contract obligation be made subject to a statute of limitation or a res judicata provision that would exempt the required surrender, to the guarantor who paid the instrument in full, of the real, original instrument that said surrender would comply with the demands of Alabama Code § 7-3-501(b)(2) "Surrender the instrument if full payment is made"? Are unsworn and unverified statements of counsel considered competent evidence to determine standing or to have courts gain subject matter jurisdiction using them as replacements for filed and authenticated instruments? Did the U.S. Court of Appeals for the Eleventh Circuit err when it did not discipline the Defendants' Attorney who gave no reasonable evidence of representative authority and failed to comply with court rule FRCP 1002, which requires the filing with the clerk for authentication the said original and possessed instrument? Whether the United States Court of Appeals for the Eleventh Circuit and the United States District Court for the Middle District of Alabama erred in its