claim auction house

 

 

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO.: 14006257

BANK,
Plaintiff.

v.

NESTOR FERNANDEZ,
Defendant

Intervenor Michael Mincieli's Motion to Intervene and Emergency Motion to Stay Foreclosure Sale

Pursuant to Rule 24 of the Federal Rules of Civil Procedure, intervention permits a nonparty whose legally protectable interests may be affected by pending litigation to become a party for the purpose of asserting claims or defenses necessary to protect those interests. Rule 24 recognizes intervention as of right where the proposed intervenor demonstrates: (1) a substantial legal interest relating to the property or transaction that is the subject of the action; (2) that disposition of the action may, as a practical matter, impair or impede the ability to protect that interest; and (3) that the existing parties do not adequately represent that interest.

Intervenor Michael Mincieli respectfully asserts that he possesses a direct and legally protectable interest in the subject matter of these proceedings. The scheduled foreclosure sale threatens to impair those interests by permanently affecting property rights before material factual and legal issues have been fully adjudicated. The existing parties do not adequately represent the interests asserted by the Intervenor, including the preservation of equitable rights, the integrity of the judicial process, and the adjudication of disputed issues concerning the validity and enforceability of the underlying mortgage transaction.

Accordingly, Intervenor Michael Mincieli respectfully moves this Court for leave to intervene pursuant to Rule 24 and, upon intervention, requests the entry of an Order staying the scheduled foreclosure sale pending resolution of the material factual and legal issues affecting the validity, enforceability, and equitable administration of the mortgage loan at issue, together with such other and further relief as this Court deems just and proper.

This filing is being filed with the 17^th Judicial Circuit court as a deposit for special purpose. That stated purpose being that this case and it’s proceedings are counter to equity and that these proceedings could

 irreparably damage ________________________’S rights to Title, Land, Property and Interest on a Private Trust now established by Deposits for Special Purposes. Because Courts of Special Equity or Chancery Courts have exclusive jurisdiction over Private Trusts and Special Deposits, UNDER THE WAR POWERS ACT AND THE EMERGENCY BANK ACT OF JUNE 5th, 1933, UNDER THE EXECUTIVE BRANCH and INVOLVING issues of material facts as to whether the Promissory Notes secured by the Mortgage Security Agreements and Initial Interest Notes were ever funded by ________________________ BANK, N.A. d/b/a ________________________ SECURITIES LLC or that the Promissory Notes were perfected in securing ________________________ d/b/a ________________________ Real Property under the subject Mortgage Security Agreements and Adjustable Rate Mortgage Notes.

 THAT ________________________ NA d/b/a ________________________ SECURITIES LLC are required by WAR POWERS ACT and U.S. PATRIOT ACT to reveal the source of the funds by filing Currency Transaction Reports, Currency and Monetary Instrument Transportation Forms CMIR’s under §§ 5311 et seq. of 31 U.S.C. of THE BANK SECRECY ACT and 31 CFR § 103.11 regulations et seq., FinCen Forms 8300, FinCen 104 and 105 and the Money Net Daily Transaction Log Report showing the Source Bank and the Target Bank or the Financial Institution from which funds were transferred at closing of escrow account number # ________________ and insured under Marine Insurance Policy # ________________ under the U.S. PATRIOT ACT and S.E.C. [Securities Exchange Act] Rule 17a-8-17a-10, which applies to all broker-dealers, incorporates the requirements of the Bank Secrecy Act to file reports and maintain records showing the source of the funds that allegedly funded the ________________________ REMICS 1-25 as Asset Backed Pass Through Certificates (Filers) and perfected the Mortgage Loan Applications, Promissory Notes and securing ________________________ d/b/a ________________________’ Real Property under the subject Deeds of Trust.

We are requesting that you supply Us with the list of secondary obligor(s) and Account Debtors under § 679.1021 of the Florida UCC of ARTICLE 9 Definitions and index of definitions.— (sss) “Secondary obligor” means an obligor under Account # ________________ and under Marine Insurance Policy # ________________ to the extent that:

1. The obligor’s obligation is secondary; or
2. The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. (c) “Account debtor” means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper against account number # ________________ and Marine Insurance Policy # ________________.

If you can't locate any secondary obligor(s) or refuse to supply me with this list, then:

1. You are hereby placed on notice that your failure or refusal to provide the requested information constitutes an admission that no such secondary obligors or account debtors exist with respect to the referenced account and insurance policy.
2. This filing and deposit shall serve as prima facie evidence that the underlying obligation, promissory note, mortgage security agreement, and related instruments were not properly funded, perfected, or securitized in accordance with applicable law, including but not limited to the War Powers Act, Emergency Banking Act of 1933, Bank Secrecy Act, U.S. Patriot Act, and Florida Uniform Commercial Code Article 9.
3. Any continued enforcement, collection, foreclosure, adverse reporting, or other action based on the asserted obligation shall be deemed unauthorized, voidable, and subject to challenge for fraud in the inducement, lack of consideration, failure of consideration, and violation of due process.
4. Intervener claims superior paramount title ASSERTING anticipatory repudiation re the perfecting of his UCC1 security interest filed with Sun Biz for DOUBLE THE AMOUNT of the mortgage.
5. Intervenor asserts a maritime lien on the marine insurance policy #   and negotiable instrument to be negotiated by an in rem proceeding
6. The land patent on this property is brought forward    
7. I hereby reserve all rights, remedies, and defenses at law and in equity, including but not limited to:

• Seeking judicial declaration that the obligation is discharged, satisfied, or unenforceable;
• Demanding return of any property, title, or interest unlawfully encumbered;
• Pursuing claims for unjust enrichment, wrongful foreclosure, slander of title, quiet title action, or other equitable relief;
• Filing complaints with relevant regulatory agencies (FinCEN, OCC, FDIC, SEC, Florida Office of Financial Regulation) regarding non-compliance with reporting and disclosure requirements.
7. This document is submitted under penalty of perjury and constitutes a good-faith demand for disclosure and reconciliation. Any misrepresentation or concealment of material facts may subject the responsible parties to civil and/or criminal liability.

Executed this ___ day of ____________, 20.

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[Your Full Name / d/b/a Your Name] [Your Address] [City, State, ZIP]

DECLARATION UNDER PENALTY OF PERJURY

I, ________________________, declare under penalty of perjury under the laws of the United States of America and the State of Florida that the foregoing is true and correct to the best of my knowledge and belief.

Executed on this ___ day of ____________, 20, at ________________, Florida.

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[Your Signature]

CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been furnished by United States Certified Mail, Return Receipt Requested, to the following on this ___ day of ____________, 20:

• [Bank / Lender Name and Address]
• [Clerk of Court / Address for Filing]
• [Any other parties, e.g., Trustee, Servicer, etc.]