Petition for Writ of Certiorari — Brent Evan Webster, Petitioner v. United States Bankruptcy Court for the District of Oregon

*'

4-5733

Application No. 23A1012

FILED

JUL 27 2024

Case No.

Supreme Court of the United StatBS

Brent Evan Webster - Petitioner

ORIGINAL

v.

United States Bankruptcy Court for the District of Oregon - Respondent

October Term 2023

Writ of Certiorari De Novo Review from the Ninth Circuit and the United

States Bankruptcy Appellate Panel of the Ninth Circuit by way of

US Bankruptcy Court Portland, Oregon

8701 Southeast Cottrell Road

Boring, Oregon (97009)

Phone - 503-938-2000

\pteJr euauvU;

brent evan webster dba: BRENT EVAN WEBSTER

RECEIVED

AUG - 5 2024

Questions Presented

1.

Was it fair & just, bad faith or a misinterpretation of the law that

on FEB 29 2024 Circuit Judges CLIFTON, CALLAHAN, and H.A.

THOMAS, sustained Molly C. Dwyer Clerks ORDER from JAN 8 2024,

implying “title fraud” appears frivolous that she can dismiss appeal for

failure to prosecute without further notice even if appellant submits

“statement appeal should go forward”, suspended briefing pending further

orders at which time Judges denied “motion to proceed in forma pauperis”

dismissing case without explanation as (frivolous or malicious) eventhough petitioner paid many fees and proved “title-fraud” multiple times,

and also proved obfuscation by Judge Peter McKittrick after he performed

duties of Trustee in 2012 for the same estate: 8707 SE 347th Ave. Boring,

Oregon USA; assisting the Law Firm of McCarthy Holthus LLP on JAN 4

2023 to strip the family of the farm while Select Portfolio Servicing was

pending in this court after utilizing deceptive assignments then sold the

farm to Redwood Holdings who sold the farm to Valentyn Budianu while

still in dispute, and who has now taken possession of Webster’s property

without standing, still waiting to close on chain-of-title as free and clear.

Was it fair & just, bad faith, or a misinterpretation of the law that

Molly C. Dwyer Clerk, on JAN 8 2024 implied title theft is frivolous, and

as Clerk she may dismiss appeal for failure to prosecute without further

notice even if appellant submits “statement appeal should go forward” then

suspending briefing pending further order of the court?

2.

Was it fair & just, bad faith, or a misinterpretation, of the law that

US Bankruptcy Court District of Oregon Judge Peter McKittrick on

January 4, 2023 claimed “there are no grounds to reopen Debtor’s chapter

13 case”, even though as trustee he had fully-administrated the property

in the Alta Azonia Haney 2012 bankruptcy protecting Webster as a spouse?

3.

4.

Was it fair & just, bad faith, or a misinterpretation of the law that

US Bankruptcy Court District of Oregon Judge Peter McKittrick on July

6, 2020 signed an order of dismissal administratively closing case after

discovering the substantive matters of Carolyn Wade making false claims

with forged documents and SPS using deceptive assignments to claim title.

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

7-27-2024

5.

Was it fair & just, bad faith, or a misinterpretation of the law that

during the July 2, 2020 hearing US Bankruptcy Court District of Oregon

Judge Peter McKittrick ignored irrefutable testimony about SPS, from

investigator William J. Paatalo about deceptive assignments in the chainof-title indicative of fraud, further failing to provide a promised hearing to

verify SPS was a “true” party of interest before denying a plausible plan?

Was it fair & just, bad faith, or a misinterpretation of the law that

after all the testimony on July 2, 2020 US Bankruptcy Court District of

Oregon Judge Peter McKittrick composed an Order denying Webster’s

Motion to Convert to a Chapter 12 family farmer or allow him to submit a

better CH 13 Plan with the help of Richard Norland as his personal expert?

6.

Was it fair & just, bad faith, or a misinterpretation of the law that

at the July 2, 2020 US Bankruptcy Court District of Oregon Judge Peter

McKittrick failed to address Webster’s claim of a force majeure or his

construction work, materials, and equipment he invested in to the duplexhomes, the duplex-shops and all renovation and improvement to the farm.

7.

Was it fair & just, bad faith, or a misinterpretation of the law that

on June 9, 2020 US Bankruptcy Court District of Oregon Judge Peter

McKittrick discovered documents stating “I’m very concerned”, but failed

to correct the forged & fraudulent documents admitted into the record after

Carolyn Wade of the DOJ claimed to be protecting Alta Farm Living Trust?

8.

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

7-27-2024

List of Parties

United States Bankruptcy Court for the District of Oregon

1050 SW 6th Ave #700

Portland, OR 97204

BRENT EVAN WEBSTER

8707 SE 347^ Ave.

Boring, Oregon 97009

Brent Webster, Cottrell Farms

& Webster Technologies

8701 SE Cottrell Rd.

Boring, Oregon 97009

Other Responsible Parties of Interest

Oregon Department of Justice, Carolyn G. Wade

Office of the Attorney General; 1162 Court Street NE, Salem, OR 97301-4096

Email: carolyn.g.wade@doj.state.or.us

Select Portfolio Servicing, Inc. et al

3217 S. Decker Lake Dr., Salt Lake City, UT 84119

McCarthy & Holthus; John M. Thomas

920 SW Third Avenue, First Floor, Portland, OR 97204

Email: j thomas@mccarthyholthu s.com

Redwood Holdings, LLC, a Delaware limited liability company et al

2015 Manhattan Beach Blvd, Redondo Beach, CA 90278

Mathew W. Lauritsen, OSB No. 083949, Attorneys for Plaintiffs

520 SW Yamhill St., Suite 600, Portland, OR 97204-1329

Email: mlauritsen@kelrun.com

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

7-27-2024

Table of Contents

Page

Index of Appendices

5-6

Federal and States Case Log for this Review

7-10

Constitutional and Statutory Provisions

10-11

Case Law related to this Matter

12

STATEMENT OF THE CASE

13-16

Series of Legal Events 2011-2024 {Explanation to Appendices)

17-21

Questions Presented Discussed

22-23

Reasons to Grant Petition

24-25

27

Request Consideration

CONCLUSION

28

INDEX TO APPENDICES

APPENDIX A Alta Azonia Haney Ch 7 BK 2012-33463-tmb7 Statement of Intention

Order Re: Discharge of Debtor(s), Trustee's Final Report.

20 Pages

APPENDIX A1 Alta Azonia Haney Ch 13 BK 2018-31446-tmbl3 Statement of Intention

Order Re: Discharge of Debtor(s), Trustee's Final Report.

APPENDIX B

10 Pages

Brent Evan Webster Ch 13 2019-34090-pcl3 Notice of Bankruptcy,

Order Converting Ch. 7 - Chl3, Summary of Assets, Schedule A/B:

Property, Schedule C: Property Claimed Exempt, Schedule D Claims

Secured by Property.

APPENDIX C

12 Pages

Complete Docket of Brent Evan Webster Ch 13 2019-34090-pcml3

31 Pages

APPENDIX D Chapter 13 Plan Dated 12-27-2019 offer monthly payment $50.00

6 Pages

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

7-27-2024

APPENDIX E

Notice of Claim Objection to Proof of Claim 14-1 Select Portfolio

Servicing, Attachment Affidavit/Declaration Private Investigator

William J. Paatalo, Assignment are deceptive.

APPENDIX F

17 Pages

Objections to No Evidence Hearings on April 30, 2020 Judge McKittrick

aiding and abetting Defendants.

2 Pages

APPENDIX G

Notice of Pre-Confirmation Amendment of the Plan.

7 Pages

APPENDIX H

Motion to Convert Chapter 13 to Chapter 12 Family Farm.

2 Pages

APPENDIX I

Motion for Summary Judgement based and Affidavit of brent evan

Webster dba BRENT EVAN WEBSTER 7-1-2020.

APPENDIX J

9 Pages

Order denying Debtor's Motion to Convert to Chapter 12

& Order of Dismissal and Administratively Closing Case.

3 Pages

APPENDIX K

Debtor's Motion to Re-Open Case, Order Denying Motion.

5 Pages

APPENDIX L

Motions' to Affirm Automatic Stay in BAP 9th Circuit, & USBKDO

rejected while the farm was being sold without standing.

11 Pages

APPENDIX M Motion Emergency Intervention for oral argument in BAP Court

APPENDIX N

zoom conference with Lafferty, Brand, and Gan v. Webster.

20 Pages

Petition for Panel Rehearing BAP Case No. OR-23-1005

5 Pages

APPENDIX O Audio Transcription July 02, 2020 about the farm and

William Paatalo Investigator talk about deceptive Assignments,

Mel Kimsey about farm, Richard Norland to help with successful

Plan to retain the properties, and Carolyn Wade false claims.

24 PaEes

APPENDIX O Newly crafted Statutory Warranty Deed for 8707 347th

Ave., Boring, Oregon 97009 Grantee is: Valentyn V. Budianu

Total Pages

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

4 pages

206 Pages

7-27-2024

ORIGONAL CASE

19-34090-pcml3

Webster Initial Bankruptcy Case

Filed 11/04/2019

ASSOCIATED CASES

12-31446-tmb7

Haney Original Bankruptcy Case

Filed 03/02/2012

18-33463-thpl3

Haney Secondary Bankruptcy Case

Filed 10/04/2018

/

Derivative Federal Cases

Department of Children Services - Department of Justice

20-03026

Adversary DCS

Parallel with BK Court

320-cv-00802-MO

Webster v DCS

BK to District Court

320-cv-00877-MO

Webster v DCS

BK to District Court

320-cv-00881-MO

Webster v DCS

BK to District Court

20-35785

Webster v DCS

District Court to 9th Circuit

20-35788

Webster v DCS

District Court to 9th Circuit

20-35800

Webster v DCS

District Court to 9th Circuit

Select Portfolio Servicing

20-03025

Adversary SPS

Parallel with BK Court

320-cv-00875-MO

Webster vSPS

BK to District Court

320-cv-00876-MO

Webster v SPS

BK to District Court

OR-20-1138

Webster v SPS

DC to BAP 9* Cir.

20-35784

Webster v SPS

District Court to 9th Circuit

20-35798

Webster v SPS

District Court to 9th Circuit

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

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The Neighbor Trail

20-03027

Adversary BK Court

Parallel with BK Court

320-cv-00878-MO

Webster v Trail et al

from BK to District Court

320-cv-00879-MO

Webster v Trail et al

from BK to District Court

320-cv-01153-MO

Webster v Trail et al

from BK to District Court

OR-20-1124

Webster v Trail et al

from BK to BAP 9th Cir.

20-35787

Webster v Trail et al

from DC to 9th Circuit

20-35799

Webster v Trail et al

from D C to 9th Circuit

21-35740

Webster v Trail et al

from DC to 9th Circuit

US Bankruptcy Court

320-cv-01405

Webster v. USBK

BK to Oregon District Court

320-cv-01403

Webster v.USBK

BK to Oregon District Court

20-35979

Webster v. USBK

BK to USCA for 9th Circuit

Alta Azonia Hanev Trustee for Alta Farm Living Trust

320-cv-01404

Webster v. Haney et al

BK to Oregon District Court

Webster Miscellaneous Federal

320-mc-00903

Webster

Oregon District Court

20-cv-35905

In re: Brent Webster

USCA for Ninth Circuit

20-bkd-35979

Brent Webster v. USBK

USCA for Ninth Circuit

2023-bk-1005

Brent Webster v. None

BAP for the Ninth Circuit

23-2647

Re: Brent Evan Webster

USCA for Ninth Circuit

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

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Application for United States Supreme Court Cases

21A621

Brent Webster v. District Court of Oregon

04/19/2022

21A622

Brent Webster v. Select Portfolio Servicing

04/19/2022

21A623

Brent Webster v. Division of Child Support

04/19/2022

21A624

Brent Webster v. Alex, Connie Trail et ux.

04/19/2022

United States Supreme Court Cases & Petitions for Re-hearing

22-5860

Brent Webster v. District Court of Oregon

10/18/2022

22-5852

Brent Webster v. Select Portfolio Servicing

10/17/2022

22-5861

Brent Webster v. Division of Child Support

10/18/2022

22-5717

Brent Webster v. Alex, Connie Trail et ux.

11/29/2022

Oregon Cases Since bias Order of Judge McKittrick on 1-4-2023

Circuit Court Clackamas County for Oregon

23LT-05881

Redwood Holdings v. Haney-Webster Deceptive Eviction

23LT-10052

Webster v. Redwood Holdings Return of Property

23CV28906

Webster v. Redwood individually et al, Lien Foreclosure

Court of Appeals of the State of Oregon

A181376

Redwood v. Haney-Webster for Deceptive Eviction

A182368

Webster-Haney v. Redwood Holdings Return Property

A184351

Webster v. Redwood individually et al, Lien Foreclosure

A184967

Webster v. Kell, Alterman Ruinstein, Mathew Lauritsen

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

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Jurisdiction invoked for Federal Court under

28 U.S.C. §1254 Courts of appeals; certiorari; certified questions

Cases in the courts of appeals may be reviewed by the Supreme Court by the

following methods:

(1) By writ of certiorari granted upon the petition of any party to any civil or

criminal case, before or after rendition of judgment or decree;

(2) By certification at any time by a court of appeals of any question of law in

any civil or criminal case as to which instructions are desired, and upon

such certification the Supreme Court may give binding instructions or

require the entire record to be sent up for decision of the entire matter in

controversy.

Statement of Jurisdiction

This reveiw stems from my most recent Federal case out of the Ninth Circuit

Court of Appeals No. 23-2647. one of 41 federal cases directly related to this matter.

On JAN 8 2024, MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS filed

an ORDER claiming that my appeal “may be frivolous” and the court can dismiss

case at any time, and will dismiss for failure to prosecute even if statement is filed.

On FEB 11, 2024 I filed a statement explaining why the appeal was not

frivolous and should go forward and that she was mistaken in her evaluation.

On FEB 29 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS filed

Order for Circuit Judges CLIFTON, CALLAHAN, and H.A. THOMAS claiming that

“we conclude this appeal is frivolous”, and (Docket Entry No. 3) “we deny motion to

proceed in forma pauperis”, and “we dismiss this appeal as frivolous in this closed

case”, adding “All other pending motions and request are denied as moot.

No further filings will be entertained in this closed case”.

For the record, I paid the filing fees to open the chapter 13 bankruptcy case, I

paid the fees to the BAP court, and I paid all fees to re-open my bankruptcy.

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

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Oregon Supreme Court

S071375

Redwood v Haney-Webster for Deceptive Eviction

CONSTITUTIONAL AND STATUTORY PROVISIONS

V Amendment to the USC — The Fifth Amendment to the United States

Constitution protects a number of rights, including: Due process: The right to not be

deprived of life, liberty, or property without due process of law or just compensation:

The right to just compensation if private property is taken for public use.

18 USC 152(2)(3)(4) - knowingly and fraudulently presents any false claim shall

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

18 U.S. Code § 157(2)(3) - prohibits bankruptcy fraud by devising or intending to

devise a scheme or artifice to defraud and, for purposes of executing or concealing

the scheme either (1) filing a bankruptcy petition; (2) filing a document in a

bankruptcy proceeding; or (3) making a false statement, claim, or promise (a) in

relationship to a bankruptcy ... or the false representation of a claim.

18 U.S. Code § 241 - Conspiracy against rights is a federal law that makes it

illegal for two or more people to conspire to violate someone's rights: by Injuring,

threatening, oppressing, or intimidating someone or preventing someone from

exercising their rights. Unlike other conspiracy laws, § 241 doesn't require an overt

act to be committed. The offense is always a felony even if the underlying conduct

wouldn't be considered a felony on its own.

18 U.S. Code § 242 - Deprivation of rights under color of law makes it a crime for a

person acting under color of any law to willfully deprive a person of a right or

privilege protected by the Constitution or laws of the United States.

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42 U.S. Code § 1982 - is a statute that prohibits discrimination in the sale or

rental of property. It states that all citizens of the United States have the same

right to: inherit, purchase, lease, sell, hold, and convey real and personal property.

42 U.S. Code § 1983 - is a civil rights law that allows individuals to sue state or

local officials for violating their constitutional or federal rights, and others acting

"under color of state law" and violations of due process. It was established by The

Supreme Court's 1961 ruling in Monroe v. Pape established that private litigants

can use federal courts as a first resort to bring suit.

42 U.S. Code § 1985 - is a civil rights law that allows individuals to sue state or

local officials for violating their constitutional or federal rights, and others acting

"under color of state law" for violations of due process.

42 U.S. Code § 1986 - is a law that addresses the liability of a person who knows a

wrongful act is about to be committed and fails to prevent it: Anyone who has the

power to prevent a wrongful act but fails to do so is liable for all damages caused by

the act.

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CASE LAW RELATED TO THIS MATTER

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

Owen Panner declaratory judgement in favor of HOOKER May 25, 2011

USDC - 3:ll-989-KI AZONIA HANEY v. BRIAN MOYNIHAN of BAC Home

Loans, et al Judge Garr M. King Temporary Restraining Order in favor of

Azonia Haney September 1. 2011

Court of Appeals of Oregon - (CC CV10020001 CA A147430 SC S060655) June 6, 2013; Rebecca NIDAY, Plaintiff-Appellant, v. GMAC MORTGAGE, LLC, a

foreign limited liability company; Mortgage Electronic Registration Systems, Inc., a

Delaware corporation; and Executive Trustee Services, Inc., a California

corporation, Defendant-Respondents. July 18. 2012

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

Countrywide, Bank of America, Real Time Solutions, KeyBank, Order after no

disputes, Discharge Debtor(s) all property liquidated to cash. March 12. 2013

Court of Appeals of Oregon - Case Nos. 110021032E, A154115 Matthew F. Wolf,

Plaintiff—Appellant, v. GMAC MORTGAGE, LLC, Defendant—Respondent

Decided: February 18. 2016

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STATEMENT OF THE CASE

For the record, I Brent Evan Webster petitioner have acted in good faith as

both DEBTOR and creditor; in my OFFICIAL and individual legal capacities, that

are associated with the rights guaranteed, in the state and federal constitutions.

In 2008 the housing bubble burst, subprime mortgages and huge consumer

debt loads were to blame for crashing home values, a national emergency.

This case is of national importance and substance because of the hostile and

criminal nature of “title theft” and how it has transpired in endless cycles of fraud.

Multiple servicers have been attempting to foreclose on the same estate that

was fully administered in 2012 by Peter McKittrick when he was Trustee.

Now US Bankruptcy Court Judge Peter McKittrick for the District of Oregon

has intentionally committed fatal errors proof of it is in our extensive global record

of the undeniable fraud in the courts related to the lawful ownership of property.

This case is about using legal ease to administratively steal our duplex-home,

duplex-shop, and five acres; addresses: 8701 SE 347th Ave. & 8707 SE 347th Ave.

The history of this is extensive and troubling, a legal remnant from the

“Great Recession” investors created the housing boom following the “Dot Com Bust”,

a similar failure based on greed, get rich off nothing more than “Hot Air” and paper.

Easy credit for over-priced homes, drive by appraisals, fraudulent sale prices

posted after the sale, spiking tax rolls on old houses needing repairs, all together

caused neighborhoods to inflate due to manipulation making housing unaffordable.

Rigged property values, signature loans, “as is” contracts, no money down,

some of the contrived means that were used to transfer title of the family homes as

security instruments for “wall street”, to use as a piggy bank, pretending to act in

the consumers best interest, and achieve the American dream of home ownership.

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Application No. 23A1012 Petition for Writ of Certiorari USBKOO

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The original notes and property deeds were destroyed to avoid confusion

over the mortgage backed securities sold to investors, who then created duplicate

mortgages (accounts), which is what first caused Mrs. Haney and I trouble in 2009.

That was around the time Countrywide & Bank of America were implicated

for the “Robo-Signing” after hiring “document” Company’s like, McCarthy Holthus.

Countrywide, now Bank of America capitalized on the “equity-striping” in the

early 2000’s after causing excess inflation in single-family home prices.

MERS, is the 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 tracks Servicing Agreements.

The problem, MERS destroyed chains-of-title with purposeful corrupted files

in all the county’s property records. The original notes/deeds are missing, only by

manipulation of the record are law firms, linked to servicing companies, able to

steal title to partially foreclosed homes, and sell them before errors are detected.

Non-judicial foreclosures in Oregon are out of compliance with Oregon law

because of the deceptive assignments relating to MERS claiming to be beneficiary.

Several case since the 2008 housing collapse have proved what the so-called

servicing companies are doing. Basically, they are debt collectors trying to collect

on failed loans that were written-off and traded to other servicing companies.

These Companies never really gained privy or standing when attempting to

foreclose on underwater homes, underwritten by the owner’s labors. Property laws

are such that they are designed to protect DEBTOR(S), especially when fraud exist

and they access the benefits and protections provided by the US Bankruptcy Courts.

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 Haney made the 1/3 payment.

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

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

Real Estate Boom homes were selling fast. Alta Azonia Haney purchased these

homes, that were packaged as a single-family home, the farm was an “as is” deal.

The old farm houses were financed with high risk loans since only one home

meet the inspection standards, that was 8707 SE 347th. Ave. The other house, the

8701 SE 347th. Ave. is the home that was quit claimed deeded to Webster in 2012

just before Mrs. Haney filed for bankruptcy after being denied “loans” consolidation.

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, and a heating

system out of date with no insulation in the walls for the original home.

Technically, this house was unfinanceable, the home instantly became a

burden, Azonia was never given permission to inspect it before she moved in.

It was only later that she discovered what she had gotten herself into,

nothing had been repaired or cleaned up off the property ever and would take years

to sort out, including the neighbor Trails claim to the creek in our garden.

The amazing thing about this property is that it had 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 had tons of garbage dumped behind the shop.

There were literally hundreds of repairs that made this home a nightmare

from the very beginning causing Azonia two back surgeries.

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

by then the market took a nose dive, the economy was not good. Now the house was

only worth half the value of what Azonia had paid for it but still needed immediate

repairs to maintain the future resale value, which was all her life savings.

Webster/I showed up in July of 2009 and soon came to realize what I had

gotten myself into. But there was hope, it was common place, that most homes

purchased during those years were all under water, so I offered to help Azonia.

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

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The plan was to ask for a modification promising 1/3 payments. But that was

all a pipe dream as we soon found out, trying to communicate with countrywide was

impossible, and we would be told to send in the same documents, over and over.

The promise to consolidate was actually to distract the Home Owner from

imminent foreclosure, it became a constant battle on the court house steps, multiple

auctions were scheduled and withdrawn at the last possible minute.

We jumped through many hoops that never came to fruition, Countrywide

continued to dangle the carrot of hope that we would soon qualify for a consolidated

loan reducing our payment by two thirds, but that was a lie to help steal our farm.

Nothing like that happened, Countrywide was now teamed-up with Bank of

American, their new game plan was to start the foreclosure process. Oregon it is

Non-Judicial State, it’s easy to push home owners around who can’t afford a lawyer.

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

scheduled foreclosure sales, Mrs. Haney was working full time so we hired private

investigators and consulted with attorney’s who did not have the answers.

Azonia created a division in the properties with me, so I could take on the

legal work to invalidate loans that were unsustainable and fraudulent, even with

the rental income for the second home, the property had drained all resources.

The fact was that I acquired part title to two of the pieces of farm land and

was given unlimited use of the property, being provided the 8701 address and the

original home, working out of the original shop, and is not part of the 8707 property.

I provided multiple services working on the two parcels of farmland, the 8701

SE 347th house/shop, and the 8707 SE 347th house/shop setting on the third parcel.

The homes were built 20 years apart, but it was in sever disrepair half the

home was free and clear, the newer second home that added made a duplex home

with two separate addresses on one parcel of land, creating a multi-family farm.

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Series of Legal Events Since 2010-2024

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 we

found relief in the form of a (TRO) Granted by Judge King on September 1, 2011.

This was granted after demonstrating the misrepresentation of a material

facts by Bank of America, she proved it to Judge King’s satisfaction when she

showed him a certified copy of “Notice of Rescission” recently filed in the county.

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

scheduled another auction. So, to stifle the barrage of attacks against the farm,

Mrs. Haney granted Webster a quit claim deed for the promise to defend the farm.

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

Countrywide, KeyBank, Bank of America N.A., and Real Time Solutions because

they did not have standing, and she wished to redeem the properties back EXEMPT

because of the RICO crimes connected to the deceptive assignments.

Official Bankruptcy Case # 12-31446-tmb7 Re: Alta Azonia Haney filed; all

documents were accepted and processed accordingly, including ORDER AND

NOTICE OF TIME TO FILE CLAIMS, Doc 16 Filed 04/16/12 no other creditor filed

a claim, thought to be Countrywide, KeyBank, and Bank of America N.A.

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 final report, it is clear that full-discharge

was granted for the disputed potential claims after an extended time passed.

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

loan insurance according to accounting about June 15, 2010. Doc 12 Schedule D

SEE: APPENDIX A

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Many years went by until about 2015-2016 when new servicers began

threatening us that unless we sat down with the people in the county who ran the

“Make Homes Affordable” plan, they were going to foreclose on the farm once again.

Around the same time the neighbor Trail sued Azonia and myself for and old

stake that marked the corner of the property, and was placed in the creek in 1996.

This was a rues because they had to make up a story which claimed I had

removed the stake purposely and was able to prove it by having their friend testify

that they had seen me remove it with a back-hoe 8 years ago when they happened

to be driving by. It was an obvious lie as Connie Trail herself testified that she

knew the stake had been miss for years.

None the less this created a lien against the property for which Azonia and I

were both owners according to the law. So, Mrs. Haney was forced to go bankrupt

again after the Trail’s attorney threatened, to garnish her wages.

SEE: APPENDIX A1

So, Mrs. Haney was forced to go bankrupt, an in turn was forced to abandon

the farm after many ruff years at trying to stay afloat. So, me being the spouse of

Mrs. Haney legally speaking, proven in the Trail’s lawsuit to suing us as co-owners.

After Mr. Haney’s bankruptcy was filed, about a year later Select Portfolio

once again began the foreclosure process on me, as I had now become the party of

beneficial interest and was already a partial owner. I communicated with SPS,

Quality Loans, and all the attorneys who were now part of the plot to steal the

farm. This was still to no avail, as the claimed investors were not interested in

working with me in any way, and would soon devise a plan to foreclose.

So, I was forced to take legal action, and decided to use the bankruptcy

process to establish that in fact I was the owner and the creditor to the farm.

I knew there were more hens than money, including my work as contractor.

SEE: APPENDIX B

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Little did I know how big this case was going to snowball. When I first filed

my bankruptcy, I wasn’t sure how many creditors were going to appear in my case.

But as it turned out I filed claims against myself for the years of renovation to the

farm to garner my portion of equity as a co-owner and general contractor.

Then several other claims were filed against our farm for which I disputed

three of them as being fraudulent and desired to get to the bottom of this crime.

My one bankruptcy case has turned into 41 federal cases and into 8 more

state cases. These cases seem to be a mishmash of we have jurisdiction, we don’t

have jurisdiction, we agree with the lower court, or no comment.

Please see extensive record of the complete docket since I first filed this case.

SEE. APPENDIX C

When I filed my bankruptcy, my goal was to stop the illegal foreclosure and

expose the fraud of what had been going on for all of these years. So, to try and

minimize the effort in the court I offered a Plan and promise $50.00 a month for 3

years as a good faith gesture for SPS, DOJ, and the Trails to back off, or prove their

claim in court, and that they weren’t filing fraudulent “Proof of Claims”.

SEE: APPENDIX D

When it was clear there was not going to be any kind of settlement, I filed the

advisory cases against SPS, DOJ, and the neighbor TRAIL. With the preliminary

complaint against SPS I attached Private Investigator William J Paatalo’s findings.

SEE: APPENDIX E

After the no due process hearing I filed Objections and charged Judge

McKittrick for my customary “Terms of Service” for violating my rights, knowingly,

for in gold or silver face value of 3000 in coining for 7 offenses including protecting

SPS, DOJ, and the Trail’s, for all the false claims

SEE: APPENDIX F

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I further amended the plan on June 2, 2020 to discharge by “force majeure”

and offered zero to all the claims in a final attempt to have my plan approved so I

could get on with my life and start fresh since the CORONA VIRUS took over the

world then and all commerce had come to a virtual halt.

SEE: APPENDIX G

As one last resort before going to other courts, I purposed a motion to convert

to family farmer, since in fact it was the animals, and the land that we were renting

for community growing plots, later for air-b-n-b guest who came for the animals.

SEE: APPENDIX H

A few days later I filed a motion for summery judgment and an affidavit

based on the facts of the matter, which has never been rebutted.

SEE: APPENDIX I

Only five days later Judge McKittrick filed an Order to dismiss and

administratively closed my cases. This was in bad faith as Judge McKittrick had

promised to set a hearing to verify that SPS was a proper party of interest. And, he

already fully administrated the estates in 2012.

SEE: APPENDIX J

Before my other cases went all the way through the Supreme Court about

reconsiderations I filed and paid to re-open my bankruptcy. SPS was determined to

sell the farm before a final determination was made in this court.

SEE: APPENDIX K

I filed motions to affirm the automatic stay that had taken effect with

N

evidence sent from SPS when I filed to re-open my bankruptcy case, but to no avail.

SEE: APPENDIX L

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After we were violently removed from the farm on June 7, 2023, and only

armed with a computer, I continued to pursuit and seek justice now for wrongful

eviction and the illegal sale of our farm with help, it seems from all the courts. I

filed a motion for emergency intervention in the BAP court and they disregarded.

SEE: APPENDIX M

I petitioned the panel for re-hearing which they refused.

SEE: APPENDIX N

On July 2, 2020 Investigator Bill Paatalo declared in court as an expert

witness that in fact it could not be determined with the information available who

the lawful parties of interest might be? Mel Kimsey testified that the properties

were in fact a farm as he had invested several thousand dollars to help support the

plan to save the farm. Richard Norland testified that it was a farm and was will to

personally assist me to present a workable plan that could be approved by the court.

Carolyn Wade admits in her testimony that she is only interested in gleaning any

equity that maybe available, so Mrs. Haney and DHS can get paid. This admission

by Carolyn Wade acting on for Department of Justice, to equity-strip the farm with

fraudulent claims, and block Webster from any rights with forged documents.

SEE: APPENDIX O

While all these cases have been taking place with-out a lawful compromise,

Redwood has gone ahead with selling the farm while under review and while still in

dispute as is has been since 2010. It appears another fraudulent document has

been created to cover-up what Countrywide Home Loans started and Redwood is

attempting to finish, with more deceptive cases unrelated to the facts.

In the last year Redwood Holdings, LLC, a Delaware limited liability

company completed the first key step of washing the clouded title, after transferring

the properties to a private party named Valentyn V. Budianu.

SEE: APPENDIX P

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

7-27-2024

Question Presented Discussed

1. It is clear that the courts have not been fair or just and have assisted in the cover-up of

the crime of title theft, after the estate was fully administrated by Judge McKittrick in

2012, Circuit Judges CLIFTON, CALLAHAN, and H.A. THOMAS, should not have

sustained Molly C. Dwyer Clerks ORDER from JAN 8 2024.

2. It is clear that the courts have not been fair or just and have assisted in the cover-up of

the crime of title theft, after the estate was fully administrated by Judge McKittrick in

2012, Molly C. Dwyer Clerk should not have presented ORDER on JAN 8 2024.

3. It is clear that the courts have not been fair or just, especially Judge McKittrick he was

the individual who had privy to know that in fact he already fully administrated the

Haney property with Webster being a spouse and owner of the estates in 2012. Judge

McKittrick more than anyone assisted in the cover-up for the crime of title theft. On

January 4, 2023 Judge McKittrick knew better than anyone as to how substantial this

case was.

4. It is clear that the courts have not been fair or just, especially Judge McKittrick he was

the individual who had privy to know that in fact he already fully administrated the

Haney-Webster property, he heard the testimony from Carolyn Wade about how she

wanted to glean any equity Webster may have coming. And listened to William Paatalo

regarding the condition of the chain-of-title, and how SPS was not properly shown in

the assignments, and that Freddie Mac is missing in the chain of title.

5. It is clear that the courts have not been fair or just, especially Judge McKittrick he was

the individual who had privy to know that in fact he already fully administrated the

Haney-Webster property he heard the testimony of William Paatalo regarding the

condition of the chain-of-title, and how SPS would most like not be able to meet the

burden of proof of owning the note, and some defects and deficiencies clearly in the

chain of title and that Freddie Mac and its role, whether it’s the creditor, or trustee,

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I can’t determine what specific role Freddie Mac has in this, but clearly they are

missing in the chain of title, and deceptive assignments. I/Webster should have been

provided the hearing to at least check if Bill was right?

6. It is clear that the courts have not been fair or just, especially Judge McKittrick he was

the individual with privy to know in fact he already fully administrated the Haney

estate with Webster being spouse and half-owner since 2012. Judge McKittrick knew

the property was a family farm, more than anyone he assisted in the cover-up for the

crime of title theft. On July 2, 2020 Judge McKittrick knew better than anyone how

substantial this case was, as he in fact fully-administrated this matter in 2012.

7. It is clear that the courts have not been fair or just, especially Judge McKittrick he was

the individual who had privy to know that in fact he already fully administrated the

Haney-Webster the estates in 2012. On July 2, 2020 Judge McKittrick knew better

than anyone that Webster was intitled to a substantial portion of the equity for his 15

years of effort, money and time. Judge McKittrick should have been open a “force

majeure” since we are still at a standstill, and have not recovered from acts of God, like

Corona Virus, Hurricanes; clearing title should have been priority.

8. It is clear that the courts have not been fair or just, especially on June 9, 2020 when

Judge McKittrick knew better than anyone else how substantial this is, stating on the

record “I’m very concerned” referring to what Carolyn Wade had been up to. And he

also knew that in fact he had fully-administrated this matter in 2012. Judge

McKittrick he was the individual who had privy to know that in fact he already fully

administrated the Haney-Webster property, he heard the testimony from Carolyn Wade

about how she wanted to glean any equity Webster may have coming, and that she filed

the forged and fraudulent documents for Mrs. Haney’s and the Alta Farm Living Trust

connecting to property Mrs. Haney left Webster. Carolyn Wade and Judge McKittrick

both were responsible for admitting misleading document into the record, to cover-up

for SPS and for the DOJ, and finish the process of washing the title.

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

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REASON FOR GRANTING THE WRIT

The reason this writ of certiorari should be granted is to correct the errors of

the lower courts, primarily UNITED STATES BANKRUPTCY COURT PORTLAND

Peter McKittrick for assisting SPS in attempting to wash the title to the farm.

It was wrong to allow Carolyn Wade to fabricate documents to counter

Webster claims against himself as General Contractor, and owner.

Judge Peter McKittrick has directly caused an illegal partial-foreclosure to

have taken place, eliminating my home, my work and whatever equity I may have

had coming for the duplex-home at: 8701 SE 347th Ave.

The facts are, Judge Peter McKittrick had already discharged this estate

with the remaining property considered abandon or reduced it to cash.

In Re: Azonia Haney Case #12-31446 Bankruptcy filings.

Judge Peter McKittrick was trying to get Webster out of the picture, so

Redwood could convey title to themselves and act like Webster never existed, then

pretend to have title free and clear to sell to Valentyn V. Budianu, like they did.

The July 6, 2020 Doc 167 ORDER OF DISMISSAL AND

ADMINISTRATIVELY CLOSING CASE 19-34090-pcml3; was fraudulent on its

face and is prima facia evidence that Peter McKittrick knew that he previously

administered estate in 2012 for Mrs. Haney as “TRUSTEE”, an associated case.

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

especially evident 13 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”

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

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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 and

explained 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.

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

relating to these properties are fraudulent on their face.

This has now turned into 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.

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 relating 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 17 - 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.

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CONCLUSION

Webster has demonstrated how Select Portfolio Servicing filed false claims,

and did not have standing or privy to foreclosure, or have standing for the false

“Proof of Claim” for a discharge, reduced to case estate.

Freddy Mac is not found anywhere in the chain-on-title like documents found

in the property assignments as indicated by William Paatalo investigator, hired as

an expert witness in several states, stated on the record that SPS did not have

stating to foreclose. What has happened to the Haney-Webster farm is an

existential threat to family’s and individual home owners alike, in the “equity­

stripping” scheme Carolyn Wade eluded to, to deprive me/Webster of my property.

This writ for Reveiw — is presented to facilitate an action to quiet the title for

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

worked, and defended for over 15 Years.

If any, or all of this document is not rebutted by the noticed and other

responsible parties fail to respond, it is considered a legal fact that this version

stands as the final piece of the puzzle to finally establish the Webster-Haney case as

indisputable evidence the Courts have been complicit in “title theft”.

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Application No. 23A1012 Petition for Writ of Certiorari USBKDO

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Request for Consideration

I respectfully request an intervention from this court to return the farm back

to me/Webster and triple damages from SPS, 7 violations of my/Webster’s “terms of

service” for evidencing fraud against my person, that in-fact Judge Peter McKittrick

knowingly and maliciously allowed my/Webster’s “real property” to become

liquidated, and is ultimately responsible for crimes against me/Webster, by not

protecting my/Webster’s State and Federal Constitutions, to due process law, and

the protection of my estate, when Judge Peter McKittrick knew he had reduced the

Haney-Webster estates to cash in 2012, or it was abandoned back to Debtor(s).

Respectfully submitted by,

October 5, 2024

brent-evan: webster dba: BRENT, EVAN WEBSTER

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