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Nicole Barone v. Wells Fargo Bank, N.A.

Paid petition · Supreme Court of Florida, No. SC17-2075 · judgment November 29, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

This Court often emphasizes the importance of preserving the public's trust in the legal system. But over the past decade, courts have left the public and homeowners with questionable decisions and actions that have marred the system. Unfortunately, millions harmed are average American's, their families and friends. Every American has been affected, as these outcomes have had a lasting negative effect on the economy and wealth, including record poverty, homelessness, health care costs, low wage jobs and government assistance, while infringing on Constitutional Rights. Herein, there are numerous questionable issues by the courts and others in favor of Wells Fargo and the government's interest in Fannie Mae (FNMA), the alleged note owner. This case raises important issues over the government's direct financial interest in trillions of dollars' in taxpayer backed mortgages, FNMA as de facto State actor, national banks, mortgage securitization (RMBS), default insurance (CDSs and CDOs), Constitutional property rights, foreclosure and modification fraud, standing and void judgements in need of addressing. This case raises questions of Constitutionality of FL law that infringes on Due Process under Amendments V and NEV. Thus, the questions presented are: 1.Whether U.S. Government's indefinite Total Control and exclusive financial benefit of FNMA renders it a de facto State-actor subject to federal jurisdiction and the property "takings" clause of the U.S. Constitution? 2. Whether this Court's holding in Valley Forge the Real-Party-In-Interest-Doctrine, Fed.. R. of Civ. P. 17 & 19, and FL Supreme Court's holding in Kleiser prohibit Wells Fargo and servicers from filing foreclosures when they are not the true owner of the note debt?

Counsel of record

For petitioner
Nicole Barone

For respondent

Case

Conference history
Distributed for 2 conferences

Linked docket
17A898

Proceedings

  1. Nov 19 2018
    Rehearing DENIED.
  2. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  3. Oct 24 2018
    Petition for Rehearing filed.
  4. Oct 01 2018
    Petition DENIED.
  5. Jul 11 2018
    DISTRIBUTED for Conference of 9/24/2018.
  6. Apr 25 2018
    Petition for a writ of certiorari filed. (Response due June 25, 2018)
  7. Feb 26 2018
    Application (17A898) granted by Justice Thomas extending the time to file until April 28, 2018.
  8. Feb 16 2018
    Application (17A898) to extend the time to file a petition for a writ of certiorari from February 27, 2018 to April 28, 2018, submitted to Justice Thomas.