In the Supreme Court of Ohio
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IN THE SUPREME COURT OF OHIO IN RE: The State of Ohio, and also the CASE NO. 2017-0385 United States of America STATE OF OHIO AND UNITED STATES EXTRAORDINARY ex rel. ORGINAL ACTION IN MANDAMUS GREGORY T. ACKERMAN, ET AL. 556 Shadowlawn Avenue Dayton, OH 45419 Phone: (937) 293-4267 Relators, V. THE BANK OF NEW YORK MELLON, flca The Bank of New York as Successor in interest to JP Morgan Chase Bank NA as Trustee for Bear Steams Asset- Backed Securities Trust 2005-SD1, Asset-Backed Certificates Series 2005-SD1 c/o Wells Fargo Bank, N.A. (SC) 3476 Stateview Boulevard Fort Mill, SC 29715 MAC # 7801-013 Respondent. **************#*******************************************k******************* RESPONSE TO A MOTION TO DISMISS **********#****************t***********#**********#*¥***************##******** Gregory and Joyce Ackerman Scott A. King (#0037582) 556 Shadowlawn Avenue Terry Posey, Jr, (#0078292) Dayton, OH 45419 Thompson Hine LLP, Phone: (937) 293-4267 Austin Landing 1 Pro se Iitigatars as Relator 10050 Innovation Drive, Suite 400 Miamisburg, Ohio 45342 (937)443-6560 Counsel for Respondent RESPONSE TO A MOTION TO DISMISS Relator, Gregory T. Ackerman, et al. moves the Court for an Order for further proceedings of Greg and Ackerman’s Joyce “Peremptory writ in first instance” on the grounds that their “good cause” claims of a “priority of civil actions” involving issues of ‘insurance company fraud’ and ‘obstruction of justice’(fraud on the court) to their state (Ohio) regulated “business of insurance” case matters, while carrying an inviolate and preserved right in action to a “jury demand” action for a trial by jury, superseded this inappropriately invoked “bad faith”; frivolous and misleading foreclosure proceedings by Bank of New York Mellon. Furthermore, “bad faith” this foreclosure proceedings by Bank of New York Mellon, and the lower courts determinations are prejudice, arbitrary and capricious, and it appears that a fair and impartial trial cannot be had in the county in which the suit is pending. A review de novo of this peremptory writ in the first instance, and remand to the lower court is appropriate action by this court for delivering justice at any time justice so requires. Memorandum in support of this Response is attached. Respectfully submitted, /it 7 /Lam. Gre T. Ackerrnan, Pro Se / Relator 556 S adowlawn Avenue Dayton, OH 45419 Phone: (937) 293-4267 Jiiycé L. Ackerrnan, Pro Se / Relator 556 Shadowlawn Avenue Dayton, OH 45419 Phone: (937) 293-4267 MEMORANDUM IN RESPONSE TO A MOTION TO DISMISS Now comes Relators again with “show cause”, for “good cause” purposes of public and great general interest, to compel this paramount “Peremptory writ in first instance”, which is brought in the name of the State of Ohio and United States on relation of Gregory T. Ackerman, ex rel., and raise a number of textbook, elementary, fundamental, substantive and substantial constitutional questions for review and execution in favor of the Relators, and their civic peers. I. CORRECT BACKGROUND (a) Relators are “borrowers” to a mortgage loan a.nd loan modification agreement from Wells Fargo Home Mortgage and/or aka Wells Fargo Bank N.A. Wells (b) Fargo Home Mortgage and/or aka Wells Fargo Bank NA. is the loan service provider and servicer, and receives all mortgage payments from the Relators, as “borrowers”. Relator (c) encountered a ‘financial hardship’; caused by an unexpected medical disability matter of a family member, and further ‘financial hardship” caused by alleged issues of ‘insurance company fraud’ and “fraud on the Court(s)”. (d) Relators are currently engaged in the ‘business of insurance” with Fortis Benefits Insurance Company (now called Assurant Inc.) to protect their financial interest and wellbeing. (e) Regretfully, the Relator’s “business of insurance” matters were breached by the insurance company, as the fiduciary, and continue to this day to perform “bad faith” acts, with malice, against the insured party (Ackerman) for the past 21 years. (0 Relators were forced to file a legal compla.int(s) against Fortis Benefits Insurance Company called (now Assurant Inc.) with “Jury Demand(s)” as proper civil actions for executing their “inviolate” “preserved” and “Trial by Jurv” action in the Montgomery County Common Pleas court in 2000 at Case No. Case # 2000CV1472 (Judge Mary Katherine Huffman), and later removed to federal U.S. District Court Southern District of Ohio in Dayton, Ohio; Case # 3:00CV 00277 (Judge Walter H. Rice and Magistrate Judge Micheal Merz), E Court of Common Pleas, Montgomery County Ohio, Case # 2003CV-9499 (Michael Krumholtz) and , later removed to federal U.S. District Court Southern District of Ohio in Dayton, Ohio Case # 3:04—O033 (Judge Thomas M. Rose). For “good cause” the (g) Relators hold and retain a “Jury Demand” civil action mm legal rights under the “in Constitution of the United States, order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general " and 1’ welfare, secure the blessings of liberty to ourselves and Constitution of the State of Ohio in order to protect “certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safeg/”2, as American citizens and Ohio citizens, respectively. Relators have not (h) had their day in Court with iurv trial action(s) with their community civic mers for the past 17 vears of everlasting litigations, upon their “original instant action” to their valuable ‘right in action’ to their written and expressed “Jury Demand(s)”, for a “Trial by Jury” action(s), to discover all genuine issues of disputed material facts for ajury to decide, and thus find proper remedies of relief for the insured party while engaged in their state regulated ’ Constitution the United “We of States; Preamble. the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common promote defense, the general welfare, and secure the blessings of liberty to ourselves and our do " posterity, ordain and establish this Constitution for the United States of America. 2 Constitution of Ohio; Bill of Rights; 1.01 Inalienable Rights (1851) “All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting " property, and seeking and obtaining happiness and safety. “business of insurance” legal case matters. (i) This fundamental, substantive and substantial constitutional elements of law and “procedural defect” to the “insured party’s jury trial action in the “business of insurance” are a gross “deprivations of rights under the Constitution of the United States”, and Constitution of the States of Ohio, and are in fact claims involving insurance and financial matters in this foreclosure civil action. Relator’s “deprivation rights” (j) of under the Constitution of the United States is also violation of law against the United States. (k) Furthermore, Relators state regulated “business of insurance” case matter has a “priority of civil action(s)”, and supersedes all other civil actions of the Relators as a matter of federal law involving both the State of Ohio and Federal “Jury Demand” civil actions in the “business of Insurance”, and currently is a violation of rights under the Constitution of the United States, as originally addressed in the Relators / Defendant’s simple “Answer” claims filed with the trial court in the “first instance”. Relators (1) restate herein their specific, individual, unique and independent “Show Cause to Compel Peremptory Writ in First Instance”, filed March 20, 2017 with this court. Upon (in) this correct background information and review de novo, this court shall find a gross “obstruction of justice” to these insurance case matters that raises a substantial constitutional question and violation of a citizen’s “right” to a “jury demand” process to a trial byjury under the Constitution of tl1e United States, which furthermore caused a foreclosure case matter delay, and thus now “show is clear cause” to the additional harm caused against the Relators in these misleading and bad faith foreclosure proceedings. (n) Respondent (a Bank) is a mortgage investor who filed an inappropriate and illegal foreclosure civil action against the Relators whom maintained a valid and binding business relationship with Wells Fargo Home Mortgage and/or aka Wells Fargo Bank N.A. in order to keep their home during a “financial hardship” caused by alleged issues of ‘insurance company fraud’ and “fraud on the Court(s)”. ARGUMENT (1) Respondent has performed “bad faith”; egregiously, inappropriately and illegally pursued this foreclosure civil action against the Relators for nearly eight years; without merit, good cause or any valid show cause in their foreclosure complaint while the Relator has a continuous valid and binding mortgage business relationship with Wells Fargo Home Mortgage and/or aka Wells Fargo Bank NA. (2) Pursuant to Respondent’s “bad faith” foreclosure matter, “deception” is not discovered until late or the close to ending of the matter at issue. The Relators have “claimed” that the business relationship with lender and loan service provider (Wells Fargo Home Mortgage and/or Wells Fargo Bank NA.) is valid and binding, and that Bank of New York Mellon (a bank investor) has “deceived” the court(s), Officers of the Courts, and the Ohio taxpayers. (3) The Respondent presented this foreclosure complaint in ‘bad faith” while the Relator continued to exercise their customer relationship with Wells Fargo Home Mortgage and/or Wells Fargo Bank N.A., as their mortgage lender and customer service representative, for executing a valid and binding loan modification “Agreement” for future mortgage payments to be delivered to Wells Fargo Home Mortgage and/or Wells Fargo Bank NA.. Thus, the Respondenfs ” ” foreclosure “complain in its whole is found to be in “bad faith” and “moo to all courts of law, including tis Motion to Dismiss by Respondent.