Patrick Farrell UNITED STATES DISTRICT COURT-FORT MYERS MIDDLE

DISTRICT
Patrick Lorne Farrell, Sui Juris,Sui Generis, Executor of Trust, Plaintiff
vs.
LEE COUNTY JUSTICE CENTER
JOHN CARLIN- JUDGE
SHERRA WINESETT- JUDGE
JOHN DURYEA- JUDGE
GREGORY GOETZ-LAWYER
BRADLEY-ARANT- LAW FIRM
MONICA WILSON- LAWYER
MARK AYERS- LAWYER
ROBERTSON ANSCHUTZ- LAW FIRM
LINDA DOGGETT-LEE CO. CLERK
CRAIG VILLANTI- 2ND DCA JUDGE
CHRISTINA MCADAMS- 2ND DCA CLERK
JOHN TOMASINO-SUPREME COURT CLERK
JOHN STUMPF-CEO WELLS FARGO
WILLIAM ERBEY-CEP OCWEN LOAN
Defendants

CASE NO. # 2:15-CV-634-fTm 29MRM

CIVIL RICO; FRAUDULENT CONVEYANCE; REAL ESTATE FRAUD; tRUTH IN
LENDING ACT;Fraud upon the Court;respa; QUIET TITLE

NOTICE TO THE COURT OF AFFIDAVIT OF MATERIAL FACTS AND

RES JUDICATA WARRANTING JUDGMENT FOR PLAINTIFF
COMES NOW Plaintiff Patrick Farrell who notices the Court of Affidavit and recent
Res judicata that warrants this court to issue Default Judgment as asked for on NOV
23rd.
TAKE MANDATORY JUDICIAL NOTICE OF THE FACTS THAT:
Plaintiff filed 07-CA-14942, a Truth In Lending Act, Mortgage Fraud lawsuit in state
court NOV 14,2007. Defendants ignored that and every pleading made by plaintiff for 8
years, resulting in an illegal summary judgment APR 30, 2014 in violation of TILA and
state laws regarding mortgage fraud and Rules regarding litigation procedures in related
case 07-CA-16767.
The entire proceedings were void as defendant never filed a copy of the necessary note
or mortgage until NOV 26,2008, and an assignment of only the mortgage [not the note]
until JAN 13,2009.
JAN 2008 plaintiff filed UCC-1 liens and other documentation liening on all property
associated with the loan note mortgage property etc. in the court and Lee Co. Records.
Plaintiff notified the court of his status as SECURED PARTY CREDITOR, which is
based on the FACT that my Birth Certificate [BC] is used as predicate for a $1,000,000
bond, which allows the U.S.Treasury to collateralize my life and the Federal Reserve to
print money.
The BC goes to the DTC = Depository Trust Corporation, who indeed makes a Cestue
Que Trust.
They are located at the TOWER OF POWER in New York City. On the 41st floor is
STANDARD AND POOR'S who values the trust based upon births and deaths and the
Consumer Price Index.
Then CEDE and CO. Sells securities on Wall Street, based upon the person's life, within
the matrix that is the UNITED STATES OF AMERICA INC.
In DEC 1999 the COMMODITY FUTURE MODERNIZATION ACT [CFMA] was
passed, in part allowing the Depository Banks, Investment Banks and Insurance
Companies to open the doors for lending and credit, which led to the financial crisis in
2008, by using multiple financial derivatives based on only one home. In my case
IMPAC SECURED ASSETS-2005-2 was the plaintiff in 07-CA-16767, but judgment in
2014 was for IMPAC MORTGAGE HOLDINGS-2005-6.
Both of these trusts were empty of any loans as per the UNITED STATES D.O.J.
According to the IRS these trusts were out of business in 2008, so how can they
continue to foreclose for full value at $450,000? Racketeering and fraud by defendants,
that's how.
Plaintiff filed 2:09-CV-16-FTM-29SPC on JAN 12,2009, a 44 page class action RICO,
describing fraud asking for $100,000,000 in damages and that did in fact occur due to
that lawsuit.
JULY 28,2011 the U.S.Treasury, the IRS and the Federal Reserve made and filed a
UCC-1 financing statement in Mass. For $14,000,000,000,000, 14 Trillion, to pay off all
mortgage debts, mortgage bonds, CDO's Collaterilized Debt Obligations, CMB's
Collaterilized Mortgage Bonds and CDS's Credit Default Swaps, including Plaintiff's
which was filed on his UCC-1 In JAN 2008.
That UCC used 300 million people with arms and legs as collateral.
The law and res judicata state that he [Plaintiff] who filed a UCC-1 first, gets paid first.
NOV 6, 2015 in the CAUSE NO. 2011-36476 WOLF vs. Wells Fargo Harris Co. Texas,
the jury awarded the Wolf's $5.4 Million, for the same issues on herein Plaintiff's case, a
fraudulent assignment of mortgage, which did not assign the note, which did not assign
the debt, and was made years after the alleged trust closed, voiding foreclosure.
IN THAT CASE was the clue to the entire "mortgage mess."
From McDonnell Property Analytics was an exhibit called SECURITIZATION FLOW
CHART.
Therein, it reveals that the "investors" for these faulty fraudulent "trusts" was CEDE
AND CO.
SUMMARILY, after the CFMA was passed, it opened the door for the DTC and CEDE
to use my and 300 million americans with arms and legs, theoretical equity as
investment collateral, WITHOUT OUR PERMISSION, OR DISCLOSURE THEREOF.
This voids any and all contracual nexis.
ESSENTIALLY, no one Lent any money for home loans, CEDE and CO. just simply
extended our own credit to us, and ALL the parasites in between, i.e. Defendants, banks,
law firms, act as if a loan was made, when in fact, the extension of my own credit from
my own birth certificate, was used for my benefit, with defendants, by merely having
access to names, addresses and account numbers, executed foreclosures by merely
saying they were the "HOLDERS" of any note, but not the Holder in Due Course, a
requirement under the UCC, or an actual owner.
If you did not get that go back and read it again.
Because I filed a TILA first and defendants ignored that, the 8 year foreclosure case is
Void.
Because I filed my UCC-1 first [along with 3 BILLS OF EXCHANGE for $1,000,000]
any debt associated with the home, loan,note,mortgage is discharged.
And that is without even talking about American Home Mortgage Bankruptcy case 07-
11049 where the alleged trusts foreclosing on me were discharged, bankrupting GMAC
who tried to sell their toxic debt to OCWEN for only 3%, which voids the $450,000
summary judgment.
Regulation Z allows for only a 1% charge for this extension of credit, which is not a
loan.
WHEREFORE Plaintiff moves the Court for an ORDER of Default against defendants
and set a hearing for damage amounts and attorney fee's.

WITHOUT PREJUDICE-U.C.C.-1-308

_________________________________
Patrick Farrell as Trustee for the PATRICK FARRELL IRREVOKABLE LIVING
TRUST
in Propria Persona-Attorney In Fact-Sovereign-Secured Party Creditor-
signed without the united states and without prejudice/UCC 1-308-
UCC-1 Filing # 2007-356-2344-8 [12/22/07]-Wash. St.
2904 NW14th Terrace-Cape Coral, Florida-[33993-9998]-D.M.S.R. SEC.112.32
239-558-5729 p.farrell13@yahoo.com