Petition for Writ of Certiorari — Brent Evan Webster, Petitioner v. Select Portfolio Servicing, Inc.

e

5852

Case No.

Application No. 21A622

Article III de jure

Supreme Court for United States of America

brent evan webster dba BRENT EVAN WEBSTER — Petitioner

v.

Select Portfolio Servicing, Inc. — RESPONDENTS

October Term 2021

Writ for a Bill of Certiorari De Novo Review from the Ninth and District Courts

by way of US Bankruptcy Court Portland, Oregon

8701 Southeast Cottrell Road

Boring, Oregon. Republic, usA

NON-DOMESTIC

Phone - 503-933-2000

trIrtx.. eki42friLAie.

Tra P...., 9-28-2022

brent evan webster dba: BRENT EVAN WEBSTER

sui juris

pro per

Question Presented

1.

Did Portland US Bankruptcy Court error, primarily "Judge" Peter McKittrick when he

dismissed the adversary filings of Webster, failing to sustain his prior discharge after previously

performing duties of trustee, administering all priority claims accountable to the estate in 20112012 for Azonia Haney without complaint or objection, first in US District Court with the (TRO)

granted by Judge King on 9/1/2011, and later full-discharge after deadline for Proof of Claims

with the bar date of 7/16/2012 that came and went, then accordingly "Trustee" Peter McKittrick

disbursed assets providing relief for Mrs. Haney to retain and redeem the Tracts of Land in her

Statement of Intention filed 3/15/2012 Doc 12 for setoff, a counter-claim securing the

homestead away from Countrywide, KeyBank, Bank of America NA, and Real Time Solutions,

for consideration $0.00 and they would abandon the burdensome properties of inconsequential

value as clawback to the Haney-Webster Estates, administering the conflicting accounts for

parties of interest as required, as some were holding duplicate claims against the Haney Tracts

situs of: 8707 SE 347th Avenue Boring Oregon, a conflict appearing to be fraud, along with the

more recent Haney Bankruptcy Case # 18-33463-thp13 where Real Time Solutions along with

Indenture Trustee - The Bank of New York Mellon with their Exhibit A demonstrate the paper

trail of Security Instruments connected to the Original Countrywide Loan and this case where

SPS has presented similar claims, seven years after total discharge ten years ago, and once again

this this year April 22, 2022 making the claims against Webster by SPS invalid on their face?

11 Page Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS

List of Parties

SELECT PORTFOLIO SERVICING, INC

3217 S. DECKER LAKE DRIVE

SALT LAKE CITY, UT 84119

Attorney John M. Thomas

McCarthy & Holthus

920 SW Third Avenue

First Floor

Portland, OR 97204

971-201-3203

Fax: 971-201-3202

Email: jthomas@mccarthyholthus.com

ASSOCIATED CASES

19-34090-pcm13

Webster Original Bankruptcy Case

18-33463-thp13

Haney Secondary Bankruptcy Case

12-31446-tmb7

Haney Original Bankruptcy Case

Derivative Cases

20-03025

Adversary SPS BK Court

Parallel with BK Court

320-cv-00875-MO

Webster v SPS

BK to District Court

320-cv-00876-MO

Webster v SPS

BK to District Court

OR-20-1138

Webster v SPS

District Court to Panel 9th Cir.

20-35784

Webster v SPS

District Court to 9th Circuit

20-35798

Webster v SPS

District Court to 9th Circuit

2

Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS

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TABLE OF CONTENTS

Page 3

OPINIONS BELOW

[ X ] All from federal courts:

2 Opinions from United States Bankruptcy Court for District of Oregon

#19-34090-pcm13 —July 6, 2020 — Order of Dismissal and Administratively Closing Case

#20-03025 Adversary Case — May 22, 2020 — Ordered and Adjudged Granting SPS Motion to Dismiss

Debtors Adversary Proceeding with Prejudice

11-13

Copies Appear at Appendix — A

3 Opinions from United States District Court District of Oregon & Panel

#320-cv-00875-MO — August 6, 2020 — Order does not have jurisdiction DISMISSED with prejudice

#320-cv-00876-MO — August 6, 2020 — Order does not have jurisdiction DISMISSED with prejudice

#0R-20-1138 — July 28, 2020 — Order DISMISSING APPEAL FOR LACK OF PROSECUTION

14-17

Copies Appear at Appendix — B

Jurisdiction of this Court is invoked under 28 U. S. C. § 1254(1)

4 Decisions from United States Court of Appeals for the Ninth Circuit Court:

#20-35784 — September 16, 2021 — Memorandum in support of Dismissing Adversary Proceeding

against SPS Appeal from BK Court Order Overruling Webster's Objection have jurisdiction affirm

#20-35784 — January 3, 2022 — Mandate for judgment of the Court entered September 16, 2021

#20-35798 — September 16, 2021 — Memorandum Dismissing Appeal from BK Court Order denying any

relief sought in his Objections to a no evidence hearing April 30, 2020 in his Adversary proceeding

#20-35798 — January 5, 2022 — Mandate for judgment of the Court entered September 16, 2021

Copies Appear at Appendix — C

18-24

Timely Petitions for Rehearing's were Denied or Rejected on the following dates:

#20-35784 — December 23, 2021— Order panel has voted to deny petition for panel rehearing en banc

#20-35798 — December 28, 2021 — Order panel has voted to deny petition for panel rehearing en banc

Copies Appear at Appendix — D

3

25-27

Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS

Nb4

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

Page

FALSE CLAIMS 18 USC 152(2)(3)(4) — knowingly and fraudulently presents any

false claim shall be fined, imprisoned, not more than 5 years, or both.

6-9

V Amendment to the USC — no one shall be deprived of life, liberty or

property without due process of law.

6-9

USC Article VI, Clause 2 — Supremacy Clause - USC the supreme law of the land

6-9

18 U.S. Code § 241 — Conspiracy against rights

6-9

18 U.S. Code § 242 — Deprivation of rights under color of law

6-9

42 U.S. Code § 1982 — Property rights of citizens

6-9

42 U.S. Code § 1983 — Civil action for deprivation of rights

6-9

42 U.S. Code § 1985 — Conspiracy to interfere with civil rights (3)

6-9

42 U.S. Code § 1986 — Action for neglect to prevent

6-9

31 U.S. Code § 3729 — False claims

6-9

ORS 41.580 — Statute of fraud

6-9

ORS 86.154 — Fraud and deceit with respect to mortgage broker business

6-9

ORS 86.735 (1) — Foreclosure by advertisement and sale

9

CASE LAW DIRECTLY RELATED TO THIS MATTER

USDC — 10-3111-PA IVAN and KATHERINE HOOKER v. Bank of America Judge Owen

M. Panner declaratory judgement in favor of HOOKER May 25, 2011

93-108

USDC — 3:11-989-KI AZONIA HANEY v. BRIAN MOYNIHAN of BAC Home Loans, et al

Judge Garr M. King Temporary Restraining Order in favor of Haney September 1, 2011 26-30

USBK — 12-3144-tmb7 Haney, Alta Azonia Debtor ch.7 Disputed Standing of Countrywide,

Bank of America, Real Time Solutions, Keybank, Order Discharging March 12, 2013

75

USDC Eastern District New York — Civil Action No. CV-11-3270 United States of America ex rel.

v. BANK OF AMERICA, NA., and BAC HOME LOAN SERVICING, LP GREGERY MACKLER Qui Tam

UNITED STATES INTERVENTION NOTICE May 11, 2012

4

112-114

Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS

Page

STATEMENT OF THE CASE

6-8

Reasons to Grant Petition

9

CONCLUSION

10

INDEX TO APPENDICES

APPENDIX A 2 Opinions from US Bankruptcy Court for District of Oregon

11-13

APPENDIX B 3 Opinions from US District Court District of Oregon

14-17

APPENDIX C 4 Decisions from US Court of Appeals for the Ninth Circuit Court

18-23

APPENDIX D 2 Timely Petitions for Rehearing's were Denied or Rejected

24-25

APPENDIX E Temporary Restraining Order Judge King - September 1, 2012

26-30

APPENDIX F Fidelity National Title Report 6/20/2022 missing 2012 BK Entry

31-45

APPENDIX G Alta Azonia Haney Bankruptcy 12-3144 March 2, 2012 Discharged

46-75

APPENDIX H TRUSTEE'S NOTICE OF SALE November 9, 2022 11:00 AMPT

76-90

APPENDIX I 60 Minutes Florida Attorney Whistleblower Gets $18 Million

91-92

APPENDIX J USD Oregon Owen Panner Declaratory Judgement Hooker v. B of A

93-108

APPENDIX K Select Portfolio Servicing Proof of Claim Form 410 $291,186.14

109-111

APPENDIX L Gregory Mackler Relator USA v. Bank of America N.A. — False Claims

112-114

APPENDIX M Haney Case # 18-33463-thp13 History, Discharge, Final Report and

115-128

Claim 4-1 Part 2 Bank of New York Mellon LPOA with Exhibit A

51page Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS

STATEMENT OF THE CASE

The history of this matter is extensive, a legal remnant from the past, a surviving case

from the housing collapse of 2008. What triggered this bubble was easy credit for first-time

home buyers, where all you needed was a letter from yourself, a signature and a dream.

Bank of America and Countrywide capitalized on this housing boom by selling bundled

mortgage security instruments tied to thousands of high-risk loans pledged as a single

financial instrument on the secondary debt market.

MERS, is an advanced computer system that stores the original mortgage documents

in a digital format, and has a spread sheet program called the "MIN Summary and Milestones"

this is how MERS members track transfers of servicing and ownership rights of loans. Paper

copies have all been shredded to prevent mix-ups on who the real parties of beneficial

interest are in the trust deed, so the chain of title is only a partial representation.

After requesting the consolidation of multiple loans customers were encouraged to

first default, as were these owners, before they could help. The promise was, "Then you can

qualify for the 1/3 payments", the "MAKE HOMES AFFORDABLE MODIFICATION PLAN" as

originally promised by the Obama Administration, "If You Can Afford 1/3 Payments, Then You

Can Afford to Stay In Your Home", December of 2009 Azonia made a presumed 1/3 payment.

When this home was purchased, October 2004 it was at the height of the Real Estate

Boom, homes were selling fast. Azonia Haney purchased this home in a pinch as the home

she wanted, didn't work out. So, this old farm house was financed as a second option, but it

was in sever disrepair. The day of closing, her realtor, and broker from Countrywide were not

available to consult with as planned, so Azonia was tricked into signing documents she didn't

understand by the Sellers agent, for an old house that leaked and had holes in the floor!

Technically this house was unfinanceable, but because everyone was making so much

money, nobody seemed to care. This home instantly became a burden, as Azonia was never

given permission to inspect it before she bought it, only later to discover what she had gotten

herself into, nothing had been repaired or cleaned up off the property, EVER.

6

Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS

ya

The amazing thing about this property is that it has a beautiful front yard and a view of

Mt. Hood, but the problem was that it literally needed new floors, roof, windows, doors, and

literally tons of garbage and hundreds of tires dumped removed from behind the shop, among

hundreds of other repairs that made this home a nightmare from the very beginning, causing

Azonia two back surgeries, and an embarrassment to her family.

Five years later, all possible funds had been poured into the farm properties, but by

then, the market took a complete nose dive, the economy was not good, and on top of all

that, the house was now only worth half the value of what Azonia had put into it.

After 12 years that value has gone back up, in fact now it is worth three time more

according to the local housing market, now making it a likely target for claimed servicers to

capitalize on, after the hundreds of thousands of dollars in repairs and up keep.

It's true Azonia Haney made a bad purchase, but it is also true that Countrywide took

advantage of her. In fact, they took such advantage of her, that her family basically disowned

her for the stupid mistake, nobody wanted to help, because it was so much work.

That is when Mr. Webster showed up, in July of 2009 he came to realize what he had

gotten himself into. But there was hope, as this was common place that most people whom

had purchased homes in those years, were all under water, alligators as they are called.

The plan was to ask for a modification and benefit from the 1/3 payments. But that

was all a pipe dream as Webster and Haney soon found out when trying to communicate with

countrywide. They jumped through many hoops that never came to fruition, as Countrywide

continued to dangle the carrot for the hope that she would soon qualify for the consolidated

loan, thereby lowering the monthly payments to a third.

None of this ever happened after the 1/3 payment, instead Countrywide was now

teamed-up with Bank of American, the new game plan was to start the foreclosure process,

which in Oregon it is Non-Judicial, so the promise to consolidate was actually to distract the

Home Owner from imminent foreclosure, so it became a constant battle on the court house

steps, multiple foreclosure auctions scheduled and withdrawn at the last possible second.

7 f P a g e Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS

Haney and Webster had teamed up by this time, to prevent any arbitrarily scheduled

foreclosure sales where Mrs. Haney was working full time, and Mr. Webster was investigating

and consulting with many attorney's, and doing research on-line to figure out a game plan.

So, after coming to the realization that Countrywide and Bank of America would never

modify the loan, Azonia Haney moved to the District Court where she found relief in the form

of a (TRO) Granted by Judge King on September 1, 2011 for the misrepresentation of a

material fact as was proven to Judge King after Azonia showed him the "Notice of Rescission"

that Bank of America recently filed in the county, discoverable by investigation. APPENDIX E

This only slowed down Bank of America for a few months before they had scheduled

another Auction. So, to prevent further attacks by Countrywide and Bank of America, Azonia

Haney filed a Quit Claim Deed in the County Property Records to Mr. Webster for the back

two adjoining lots, and filed Bankruptcy March 2, 2012, a few days later.

APPENDIX F

After filing for Bankruptcy, Azonia used the provided forms to challenge Countrywide,

KeyBank, Bank of America N.A., and Real Time Solutions that in fact, they did not have proper

standing, and Azonia wished to redeem and claim properties as EXEMPT. Doc 12 APPENDIX G

According to Case# 12-31446-tmb7 that Azonia Haney filed, all documents were

accepted and processed accordingly as Duties of Trustee, including ORDER AND NOTICE OF

TIME TO FILE CLAIMS, Doc 16 Filed 04/16/12 after which no other presumed creditor filed a

claim, thought to be Countrywide, KeyBank, and Bank of America N.A. Doc 16 APPENDIX G

Real Time Solutions filed claim No. 1 on April 19, 2012 for $47,087.43 and Trustee

Proposed Payment $0.00, TRUSTEE'S PROPOSED DISTRIBUTION Filed 12/06/12 by PETER C.

MCKITTRICK in his final report, it is clear that a full-discharge was granted after an extended

time passed to dispute these findings.

Doc 20 - 22 Ex. D APPENDIX G

KeyBank Home Improvement Loan Account # 42730374 had been set-off by loan

insurance according to accounting around June 15, 2010.

Doc 12 Schedule D APPENDIX G

At this very Time, KeyBank has planned another Auction for Trustee Sale, by JANEWAY

LAW FIRM, LLC on November 9, 2022 a way to wash the chain of title of defects. APPENDIX H

8Ipage Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS

REASON FOR GRANTING THE WRIT

The reason this writ for a true bill of certiorari de novo should be granted is to correct

the errors of the lower courts, primarily UNITED STATES BANKRUPTCY COURT PORTLAND

where Peter McKittrick was practicing Law from the bench to assist SPS, when in fact, he had

already discharged this estate in Re: Azonia Haney Case #12-31446 Bankruptcy filings.

Judge Peter McKittrick on July 6, 2020 Filed Doc 167 ORDER OF DISMISSAL AND

ADMINISTRATIVELY CLOSING CASE 19-34090-pcm13, this was fraudulent on its face as Peter

McKittrick had previously administered this case as "TRUSTEE", which was a conflict of

interest, since he did not support Webster's Discharge, like he did for Mrs. Haney in 2012.

Bank of America and Countrywide doing so called Robo-Signing, was especially evident

11 years ago with the 60 MINUTE Interview, after all the object is to facilitate foreclosure.

"Originally Aired in April 3, 2011. 60 minutes exposes the banks and their hired contractors willfully

committing fraud. As more and more Americans face mortgage foreclosure, banks' crucial ownership documents

for the properties are often unclear and are sometimes even bogus, a condition that's causing lawsuits and

hampering an already weak housing market. Scott Pelley reports"

APPENDIX I

Judge Owen Panner addressed some of the issues on May 25, 2011 when he made a

Declaratory Judgement in support of Ivan and Katherine HOOKER where he explains why

MERS "is not the person for whose benefit a trust deed is given", it would be Countrywide not

MERS "may invoke the power of sale and any other remedies permitted by Applicable Law".

Oregon Trust Deeds Act requires the recording of all assignments by the beneficiary, ORS

86.735(1) see: In re McCoy, 2011 WL 477820, at *3-4.

APPENDIX J

Therefore, any documents filed or served after June 6, 2012 Discharge Order

relating to these properties are fraudulent on their face, and demonstrates actual fraud,

SPS, knowingly and fraudulently presented a false claim so attorney John M. Thomas of

McCarthy & Holthus should be fined $500,000 and imprisoned for fraud.

APPENDIX K

Webster presents — Civil Action No. CV-11-3270 USA v. BANK OF AMERICA, NA.,

Gregory Mackler Qui Tam United states INTERVENTION NOTICE May 11, 2012. APPENDIX L

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Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS

It is unclear if SPS reached a special agreement with Attorney Alexander Adams and

Becket & Lee LLP for Azonia Haney in her 2018 bankruptcy case involving a Team of Attorney's

using Innovative Technology to further Administrate the Haney-Webster Tracts?

But it is clear that Real Time Resolutions and Bank of New York Mellon according to

Exhibit A from Proof of Claim 4-1 Part 2 and the Limited Power of Attorney Document show

computer entries that appear to be Master Trust, Revolving Equity and Asset Backed Notes

Edging to the original loans from October of 2004 in the build-up to the 2007-2008 Housing

Collapse, known as, The Countrywide - Sub-Prime Mortgage Securities Scandal.

Interesting are Docket Entry t7 - Special Notice Request and Docket Entry 33 - Chapter

12/13 Trustee's Request to Enter Discharge where the documents are not available to the

General Public. The only Scheduled Creditors to be Paid after Mrs. Haney's latest discharge,

and Terminating Wage Order on 3-28-2022 is her Attorney and Becket & Lee. APPENDIX M

CONCLUSION

Webster demonstrated how Select Portfolio Servicing presented false claims, and do

not have proper standing to Foreclosure, they would have to of documented all assignments

of the trust deed by the trustee, the beneficiary and any appointment of a successor trustee

were recorded in the mortgage records of the county in which the property described in the

deed is situated; ORS § 86.735; Bank of New York Mellon proves otherwise in Claim 4-1 Part 2.

This Bill of Reveiw — is presented to facilitate an action to Quiet the title for the

affected real properties, and the associated farmland, where Webster has lived, defended and

maintained for over 13 Years. Judge Peter C. McKittrick reversed his prior discharge from

2012 that he fully administered as the Trustee. This was a conflict of interest, but it doesn't

explain why? Webster request that this case of legal malpractice be corrected.

Respectfully submitted by,

bre-A+ SL cut LAI &YAW-

(11.4;Usgr

kiefirgX.September 28, 2022

brent evan webster dba: BRENT EVAN WEBSTER

10 I Page Application No. 21A622 Writ for True Bill of Certiorari de novo webster v. SPS