A couple of weeks ago, I filed a petition in the U.S. Supreme Court. One of many cases in the pipeline challenging banks and other financial institutions failures to follow basic real property law in the United States and legitimize and properly validate assignments of mortgages from one financial institution to another. When the assignee banks go to collect on the ostensible debt, the law used to be that they had to validate they held the right to do this by demonstrating the assignment to them had been recorded and properly notarized. Many of the notary public officers that signed off on the “transfers” when Washington Mutual and a handful of other sub-prime lenders went bankrupt never saw the original notes. So how does one prove he or she has the right to collect the debt from the homeowner? He does not because he cannot. Courts across the country have devised a multitude of ways to get around this because the (too big to fail) banks have let 10 million Americans do just that. In doing so, these state courts (largely encouraged by federal courts) have changed the common law and stripped the constitutional rights of the citizens to trial on the merits of their claims to ownership and equity in real property Read the petition here: Burniac Petition for Writ of Certiorari (June 13 2016)
Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
Board of Directors, Michigan Defense Trial Counsel
Amicus Committee Co-Chair, Michigan Defense Trial Counsel
Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003
Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
View all posts by Carson J Tucker, JD MSEL