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John M. Barone v. Wells Fargo Bank, N.A.

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D17-2531 · judgment April 26, 2018


Certiorari denied · February 25, 2019
Pre-decision estimate: 0% cert probability

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

Question presented

This Court gives clear direction to prevent manifest injustice, for years the system failed millions of Americans and their Constitutional rights. Many were harmed by Wells Fargo and its numerous frauds. Unwarranted protections are given by Courts to assist in evasion and concealment of its many unlawful acts, especially in mistreatment of Pro Se parties. For over a decade, banks have taken advantage of government's unconstitutional seizure of Fannie Mae, by wrongfully taking millions of Constitutionally protected properties. National banks orchestrated millions of wrongful foreclosures in state Courts while unethically utilizing federal preemption to quash many Americans claims. Americans claims have also been wrongfully suppressed of freedom of speech by social media. The Constitution, its rights and protections therein must be held sacred, and the justice system centered by this Court must guarantee those rights and protections. When Courts charged with protecting Constitutional rights, including property rights heavily favor the unjust blatantly violating these rights and protections, the system is failing. Millions were unlawfully removed from their property while Courts assisted and/or turned a blind eye. This Court as protector of the Constitution must right these wrongs to ensure an unflagging commitment to these guaranteed rights and protections. This case raises important issues of federal jurisdiction over national banks, federal RICO claims and government's Total Control over a de facto State-actor. It raises questions over Constitutional property rights and fraudulent seizure, including mortgage securitization (RMBS), default derivatives (CDSs, CDOs) and foreclosure and modification fraud. It raises Constitutional questions of FL appeals Court procedure infringing on Due Process. Thus, the questions presented are:

Counsel of record

For petitioner
John Barone

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 15 2019
    Rehearing DENIED.
  2. Mar 27 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Mar 18 2019
    Petition for Rehearing filed.
  4. Feb 25 2019
    Petition DENIED.
  5. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  6. Jul 24 2018
    Petition for a writ of certiorari filed. (Response due January 22, 2019)