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No. 09-1013_________________________________
In the
Supreme Court of Texas__________________________________
In Re ROBERT JOHN WRIGHT
______________________________________________________________________________
Original Proceeding from the 401st Judicial District Court of Collin County, Texas______________________________________________________________________________
============================================================
ON PETITION FOR WRIT OF MANDAMUS TO THE
FIFTH DISCTRICT COURT OF APPEALS AT DALLAS
============================================================
Prepared by: Robert John Wright
P.O. Box 797762Dallas, Texas [email protected]
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IDENTITY OF PARTIES AND COUNSEL
PARTIES COUNSEL
Relator:
Robert John Wright Robert John Wright Pro seP.O. Box 797762Dallas, Texas 75379
Respondents:
401st
District Court of Collin County
Fifth District Court of Appeals at Dallas
Real Parties in Interest:
EMC Mortgage Corporation Wm. Lance LewisQuilling, Selander, Cummiskey & Lownds2001 Bryan Street, Suite 1800Dallas, Texas 75201
Fulbright & Jaworski L.L.PandMichael Swartzendruber
David N. KitnerStrasburger & Price, L.L.P.901 Main Street, Suite 4400Dallas, Texas 75202
Johnny Todd Robert J. DavisMatthews, Stein, Shiels, Pearce, Knott, Eden &Davis, L.L.P.8131 LBJ Freeway, Suite 700Dallas, Texas 75251
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TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL.......................................................................
INDEX OF AUTHORITIES..
STATEMENT OF THE CASE.....
STATEMENT OF THE JURISDICTION..
ISSUES PRESENTED..
A. Did Respondent clearly abuse its discretion by denying Relators rightto a plenary appeal by its refusal to honor Relator as an indigent so thathe may obtain a complete trial court record and exercise his remedy toa plenary appeal at no cost? ............................................................................
B.Did Respondent clearly abuse its discretion by dismissing Relatorsappeal 12 days before the Notice of Appeal was due? ............................................
C. Did Respondent clearly abuse its discretion by assigning the appeal toJustice Murphy, when a material fact in the underlying case relates toa void ab initiojudgment rendered by Judge Murphy?............................................
STATEMENT OF FACTS.....
ARGUMENT....
A. THE CAUSE OF RELATORS INDIGENCE MUST BE CONSIDERED ..
B. THE FICTITIOUS LOAN DOCUMENTS EMC CREATED
PRAYER..............
VERIFICATION....
CERTIFICATE OF SERVICE..
APPENDIXseparate
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v
v
v
3
8
9
1
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INDEX OF AUTHORITIES
Abor v. Black, 695 S.W.2d 564 (Tex. 1985)......
Adkinsv.E. I. DuPont de Nemours & Co.,335 U. S. 331, 342-343 (1948).
Arevalo, 983 S.W.2d at 804...Copeland v. Ayers, 138 S.W.3d 652, 654 (Tex. App.-Dallas 2004)..
Coppedgev.United States,369 U. S. 438, 447 (1962).
Cronen v. Smith, 812 S.W.2d 69, 70..
Federal Trade Commission v. EMCet al (E.Dist. of Texas, Civil No. 4:08-cv-338).....
Fourth, Fifth and Fourteenth Amendments
Fulbright letter...
H. R. Rep. No. 1079, 52d Cong., 1st Sess., 1 (1892)....
Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985)..
Jones v. Stayman, 747 S.W.2d 369, 370 (Tex. 1987)...
Klugh v. U.S., D.C.S.C., 610 F.Supp. 892, 901
Prudential Ins. Co. of America, 148 S.W.3d 124, 135-36 (Tex 2004).........
Southwest Concrete Products, Tex, Sup. Ct., 2009...
State of Texas v. Judge Priddy D-1-GV-08-002311..
Texas Government Code 22.221 (b)......
Texas Property Code 24.004..
Texas Penal Code 32.32
Texas Supreme Court Advisory Meeting on Foreclosures....
Union Pac. Resources Co., 22 S.W.3d 338 (Tex. 1999).......
Walker v. Johnson; 312 U.S. 275 (1941)..
Walker v. Packer, 827 S W.2d 833, 839 (Tex. 1982)...
Wright v. EMC Mortgage Corporation, Cause No. 02-8531-G
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4
4
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7
10
4
4
3
11
3
8
6
v
5
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5
7
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STATEMENT OF THE CASE
The underlying case involves a suit for damages related to the eviction of a holdover
executed by the real parties in interest.
The case originated in the 401st District Court of Collin County, Texas, Cause No, 401-
4116-2008, styledRobert John Wright v. EMC Mortgage, Fulbright & Jaworski L.L.P., Michael
Swartzendruber Esq., Johnny Todd(collectively Real Parties).
Real Parties in Interest were granted summary judgments, dismissal and sanctions.
Relator attempted to appeal the lower courts rulings to the Fifth District Court of
Appeals at Dallas (Respondent). Relator complains Respondent is denying his right to appeal
solely because he is indigent and refuse to honor Relators sworn affidavit of indigence.
STATEMENT OF THE JURISDICTION
This court has jurisdiction over this petition for writ of mandamus under Section
22.221 (b) of the Texas Government Code.
ISSUES PRESENTED
A. Did Respondent clearly abuse its discretion by denying Relators rightto a plenary appeal by its refusal to honor Relator as an indigent so thathe may obtain a complete trial court record and exercise his remedy toappeal at no cost?
B. Did Respondent clearly abuse its discretion by dismissing Relatorsappeal 12 days before the Notice of Appeal was due?
C. Did Respondent clearly abuse its discretion by assigning the appeal toJustice Murphy, when a material fact relates to a void ab initiojudgmentrendered by Judge Murphy?
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STATEMENT OF FACTS
(Respondents refusal to allow Relator access to an appellate record limits Relator from
presenting this court with a full appendix, citations to the record, transcripts, or copies of original
filings and evidence.)
This case involves the eviction of a holdover that the real parties in interest executed
without legal standing and without a valid eviction order from a Justice Court in the county
where the property is located, and in the process, feloniously influenced a public servant to also
commit an unlawful act. (Apx. 1)
Relators affidavit of indigence was initially granted, but a contest was sustained based
on hearsay and without proffering any contradictory evidence or testimony. (Apx. 2)
Real Parties filed for summary judgment claiming that they had no burden to present
evidence to prove the eviction was lawful. (Apx. 3)
The trial court also granted a dismissal and sanctions for Real Party Todd after witnessing
Todds counsel present false testimony (with his client seated in the filled courtroom), that his
client: Was not present at that location during the eviction. He was at a hospital in Oklahoma
with his wife. (hearing transcript) In response, Relator entered into the record with his brief, a
copy of a high-resolution photograph identifying Todd at Relators home during the unlawful
eviction. (Apx. 4.)
To understand its rulings and the courts statement that it was holding Relator to the
highest standards of a lawyer, Relator requested findings of fact and conclusions of law. (Apx.5)
This extended the due date for his notice of appeal to September 28, 2009. Real parties
filed a response directing the trial court to ignore the request, so it did . (trial record)
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As a precaution, after recording the history of extrinsic fraud by the real parties and
Respondent courts, Relator prematurely filed his Notice of Appeal within 30 days of the July 1,
2009 final judgment.1 (Apx. 6Docket sheet)
On September 28, 2009, Relator timely filed his docketing statement, request for the
record with an Affidavit of Inability to Pay Costs. The affidavit included the statement: In the
alternative and depending on the costs, Appellant requests this Court grant a six-month leave
until Appellant can collect the funds available (sic) to pay for this appeal. (Apx.7) Relators
request for leave was also ignored.
The Real Parties informally contested the affidavit by letter. (Apx. 8)
On September 29, Relator received Respondents notice that the appeal was dismissed on
September 16, 2009; twelve days before the docketing statement and request for the trial record
were due. The dismissal cites Relators failure to respond to an August 11, 2009 letter directing
him to pay a $175 filing fee. (Apx. 9) Relator did not receive a letter and the court docket does
not indicate an August 11 letter. (Apx. 6)
On September 29, 2009, Relator filed a Motion for Rehearing. (Apx. 10)
On October 21, 2009, Respondent appellate court overruled the motion. (Apx.10)
On October 30, 2009, Relator filed a supplemental affidavit of indigence requesting the
court certify Relator as indigent. (Apx. 11) Affidavit was ignored.
On November 6, 2009, Relator discovered Respondent Justice Murphy is the former
Judge Murphy of the 14th District Court in Dallas, Texas, whose 2006 void ab initiojudgment
was usurped by the Real Parties as a Writ for Eviction to evict Relator from his lawfully-owned
home located in a different county.
1 Relator wrote and mailed his Notice of Appeal while in California on case related matters, and did not have thedocuments needed to attach a paupers affidavit. All of his travel expenses were paid by the California party.
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Coppedgev.United States,369 U. S. 438, 447 (1962); see also H. R. Rep. No. 1079, 52d Cong.,
1st Sess., 1 (1892).
Here, Respondent trial and appellate courts sustained the contest or denied the affidavit
without contradictory evidence. If the trial court sustains the contest, we must determine
whether the court abused its discretion. Cronen v. Smith, 812 S.W.2d 69, 70 (Tex. App.--
Houston [1st Dist.] 1991, orig. proceeding).
Relator provided evidence that he is receiving government entitlements in the form of
food stamps. (See attached exhibit to Apx. 11) TRCP Rule 145(a) defines a party who is unable
to afford costs as a person who is presently receiving a governmental entitlement based on
indigency or any other person who has no ability to pay costs.
Denying Relator to proceed informa pauperis is a clear denial of due process, abuse of
discretion, and creates a decision that is so arbitrary and unreasonable that it rises to a clear and
prejudicial error of law. It effectively bars court access to everyone but the wealthy, and adds
another impenetrable layer of protection between the victims and those Too Big to Fail, and
allows them to be Too Big to be Held Accountable. A trial court abuses its discretion when its
decision is so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. See
Walker, 827 S.W.2d at 839; Copeland v. Ayers, 138 S.W.3d 652, 654 (Tex. App.-Dallas 2004,
pet. denied); see also Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985)
(orig. proceeding).
For thirteen years the courts have consistently failed to follow rules, laws and principals,
resulting in rulings that are unconscionable, arbitrary, unreasonable and clearly wrong. The trial
court abuses its discretion when it acts without reference to any guiding rules or principles; the
facts and law permit only one decision, which is the opposite of the trial court's decision; or the
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ruling is so arbitrary and [**5] unreasonable as to be clearly wrong.Arevalo, 983 S.W.2d at 804
(citing Cronen, 812 S.W.2d at 71). The law mandating proper eviction procedures is not
discretionary and permits only one decision, which was the opposite of the trial courts decision2.
A. THE CAUSE OF RELATORS INDIGENCE MUST BE CONSIDERED
Beginning in 1997, Relator was falsely accused of being in default on his mortgage at a
time when he, aside from his home, was debt-free with a credit score of 798. Relator alleged he
was not in default and provided incontrovertible evidence in support. The history of court
records fail to show any evidence of a debt or the identity of a true party with rights to enforce.
Relator recently discovered what was behind the fraud Real Parties have successfully
concealed. This new evidence confirms he did not owe a debt on his home either. That issue is
not before this court and will be litigated as a separate and independent action in the future.
Relators indigence is the result of countless successful frauds upon various courts and
extrinsic fraud on the part of Real Party EMC Mortgage and many others who, with court
assistance, practiced subterfuge by filing false pleadings and false statements with numerous
courts to gain an unconscionable advantage designed to run Relator out of money so they could
cover up nearly two decades of the fraud connected to Relators void promissory note. Relator
alleges this was done while the complicit courts turned a blind-eye to it.
In partial support, is the November 2007 certified transcript of the Texas Supreme
Courts Advisory Meeting on Foreclosures. (Apx. 0)This transcript presents proof positive that
the banks, courts, foreclosure-mill law firms, lawyers, title and insurance companies, lobbyists,
Mortgage Bankers Association and others willingly assisted and wantonly participated in the
criminal enterprise responsible for the theft of homes and wealth from investors and
2 Texas Property Code 24.004
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homeowners that ultimately led to the foreclosure and financial meltdown, and who were again
Bailed-Out at the taxpayers expense as they were during the 1980s Savings & Loan Scandal.
The transcript baldly asserts, as is the case here, that the mandated paperwork required to
lawfully execute a foreclosure simply does not exist in 90% of the cases, stating:
[So finding a document that says, I am the owner and holder, and I
thereby grant to the servicer the right to foreclose in my name is an
impossibility in 90 percent of the cases.] (transcriptpage 27, line 16)- Foreclosure mill attorney Michael Barrett.
Note: Mr. Barrett is the same attorney who came after Relator in 1997 with falseallegations that Relator was in default and Bank of America was the true ownerand holder of Relators note. Relator recently discovered that Bank of America
was never the owner or holder and therefore could not have sold Relatorspromissory note to EMC as both falsely maintained in their pleadings to allcourts, including Respondent appellate court in 2001, and this court in 2002.
The remedy for when, as Mr. Barrett confirmed There really isnt such a document
(Page 27, line 8), was revealed by Judge Bruce Priddy3 (See State of Texas v. Judge Priddy D-1-
GV-08-002311) when he added:
They just create one for the most part sometimes, andthe servicer signs it themselves saying that its (sic) beentransferred to whatever entity they name as applicant.
(page 28, line 10)First American added:
Well, the other problem -- Judge, this is Tim Redding. The other problem that
I see -- and, Tommy, you and I talk about it regularly that we have a bunch
of servicers that are corporations or trusts attempting to foreclose on behalf ofother trusts using a power of attorney, and I don't think that's really proper. I
mean, we all kind of turn a blind eye to it, but I think that's an issue that's out
there that somebody could use to potentially attack a foreclosure.(page 33, line 5)
This Texas Supreme Court transcript suggests why many of the participants engaged in
mortgage fraud seek refuge in Texas. The transcript also brings credence to Relators belief that
3 In 2001, attorney Bruce Priddy declined to represent Relator citing the case was too complex for my level ofintelligence.
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neither Bank of America nor EMC could have held him hostage to years of litigation unless the
court(s) were willing participants in the Ponzi scheme that allowed EMC to continue its proven4
illegal practices, that include, but are in no way limited to, the outright theft of Relators home,
equity, personal belongings and tendered payments on a debt he now learns didnt even exist.
The sharing of these ill-gotten gains brought the power and influences to make the
recruitment of other wanton co-conspirators effortless - and guaranteed their illegal acts would
continue unrestrained through a seemingly corrupted judiciary.
The 1998 court had only one simple rule to follow. (Apx. 12) The courts failure to
follow this rule has so far subjected Relator to 13 years of groundless litigation and forced him to
suffer severe irreparable harms and loss because no original negotiable instrument exists. As a
result, taxpayers and the district and appellate courts were also subjected to meaningless
procedures and trials. Union Pac. Resources Co., 22 S.W.3d 338 (Tex. 1999)
It is unsettling that the People of Texas, repeatedly raped and pillaged by rogue Bailed-
Out banks, sought protection from a judiciary that has been turning a blind eye to their
misery and outright theft of their homes.
Relator alleges that attacking Relators sworn affidavit of indigence is yet another
desperate attempt to elude justice. Respondent courts repeated denial[s] of the affidavit strips
Relator of all legal remedies and protections afforded under the Fourth, Fifth and Fourteenth
Amendments. Article I, Section 19 of the Texas Constitution provides:
No citizen of this state shall be deprived of life, liberty, property, privileges or immunities,
or in any manner disfranchised, except by the due course of the law of the land.
4In FTC v. EMCet al (E.Dist. of Texas, Civil No. 4:08-cv-338) According to the FTC, the companies
misrepresented the amounts borrowers owed on their mortgages, charged unauthorized fees, and used illegal abusive collection practices. (Apx.13) EMC tried to collect more than $200,000.00 in bogus fees from Rela
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B. Respondent clearly abused its discretion by dismissing Relatorsappeal twelve (12) days before the Notice of Appeal was due.
Relator has no remedy at law if he is once again unjustly barred access to appeal due to
his fraud-induced indigence. Mandamus review of significant rulings in exceptional cases may
be essential to preserve important substantive and procedural rights from impairment or loss, to
allow the appellate courts to give needed and helpful direction to the law that would otherwise
prove elusive in appeals from final judgments, and to spare private parties and the public the
time and money utterly wasted enduring eventual reversal of improperly conducted proceedings.
Id. at 136, (underline added). Relator believes this case is both exceptional and unconscionable.
Now, we have Respondent trial court, in a blatant disregard for law, knowingly allowing
the Real Parties to unlawfully evict holdovers without filing a forcible detainer suit in the JP
Court in the county where the property is located as mandated by century-old Texas law5, and
which also raises the question: How did the four constables get paid, and by whom, if the filing
fees for the forcible eviction and detainer suit were not paid? Collin County records 1991-2008
show no listing for a foreclosure or eviction for Relator or his address. (Apx. 14)
Real Parties have already made sure Relator cannot afford competent legal
representation, discovery tools, court records and filing fees and he should not be prejudiced
further. An appellate remedy is "adequate" when the benefits to mandamus review are
outweighed by the detriments.Id. (In Re Southwest Concrete Products, Tex, Sup. Ct., 2009) (no
cit.)
Relator alleges Respondents dismissal, based on an August letter, is a repeat of past
behaviors by both the respondent appellate court and the real parties in interest. To wit:
a.) In the trial court, counsel for real party in interest EMC Mortgage certifiedin three certificates of service that they mailed its motions to Relator on May 27,
5 Texas Property Code 24.004
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2009. These three motions, sent certified mail return receipt requested, were notdelivered to Relator until September 11, 2009 more than three months after thefact and effectively precluded Relator from responding to, or defending themotions, which ultimately resulted in the granting of a voidable judgment.(Apx.15)
b.) In 2006, after nearly a decade of EMC and their schemers litigated Relatorinto poverty by making false statements to obtain property that EMC admittedunder oath they do not own (a first degree felony under Texas Penal Code 32.32),forced Relator to file an Affidavit of Indigence. EMC contested the affidavitwhich was sustained even though EMC proffered no rebuttal or evidence. WhenRelator filed a motion for rehearing, the clerk stated the (lawyer) judge would notbe able to read the motion for four (4) months. Relators Motion to Vacate the14th District Courts void judgment was also ignored.
c.) Moreover in 2006, Respondent appellate court expressly acknowledged
and placed Relators appeal on hold pending the final outcome of his 2006indigence status. Real party Fulbright & Jaworski conveniently waited until 4-6weeks had lapsed to notify Relators Washington D.C. pro bono attorney that theappeal had been dismissed due to Relators non-payment of the filing fee. Relatorand his counsel did not receive any notice from the Respondent appellate court,yet that docket contained entries that two (2) notices were allegedly mailed.Relator had also signed up to receive V-Notices to instantly notify him of anychanges to the appellate docket. He received nothing.
This court should have already caught on that a major fraud has been going on inside and
upon various court(s). The case history of the fraud against Relator dates back to the 1987
inception of Relators non-negotiable loan and exposes in detail just how deep and widespread
the fraud really goes, along with a list of the many accomplices involved. This entire baseless
litigation was best summarized in 2007 by the founder of a law firm. After hearing about the
case, the firm flew their three top lawyers to Dallas by private jet to discuss the case. Within 30
minutes of looking at the evidence, the firms founder declined to take the case, stating:
There is so much corruption in this case by a bunch of crooked lawyers including your own and all of your judges.
C. The Respondent clearly abused its discretion by assigning the appeal
to Justice Murphy when a material fact in the underlying case is a
voidab initiojudgment rendered by Judge Murphy.
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Relator avers the Respondent court has become prejudiced by Justice Murphys
involvement in the related case.
Relator alleges that in 2006, Judge Mary Murphy held a kangaroo court in the 14th
District Court in Dallas, Texas, to allow EMC Mortgage to pursue a judgment when she knew or
should have known by the evidence that the court did not have jurisdiction. Relators counsel
brought it to his attention that Fulbright lawyer Jason Fagelman had an interest in the case, as his
self-authored Final Judgment would make him a partner in the firm. Judge Murphy knew or
should have known the disturbing series of events and tainted circumstances that brought EMCs
case to her court. Especially after Fulbright, in total disregard of the procedures of judicial
assignments, had, in less than one year, bounced its merit-less lawsuit against Relator around the
George Allen Courthouse from judges Ashby, to Sims6, to Stokes, to McFarlane; back to Sims,
to Murphy, and then to an alleged judge, lawyer Kelton.
Evidence of Fulbrights power and influence surfaced earlier this year when the Wall
Street Journal reprinted a letter written by Fulbright & Jaworski offering a $500,000.00 bribe to a
person if he could convince the Wall Street Journal to kill the story. (See letterApx. 16)
What judge Murphy knew or should have known, as the case was hallway chatter
according to substitute Judge McFarlane, is that in December 2004, Relators case, led by
Relators counsel, Bobby Rubarts of Hughes & Luce, went to trial in the 134 th District Court7,
where EMC started the trial by announcing: Your Honor, we made a mistake EMC does not
own Mr. Wrights home. This statement was completely ignored by the judge and Relators
counsel. Relator didnt understand the profoundness of that statement; that EMC was not the
holder in due course with rights to enforce at the time it filed its numerous foreclosures; EMC
6 In 2005, Judge Sims ordered the Wright case back to trial, but later ruled against Wright in EMCs case withouta valid oath of office registered with the court or the Texas Secretary of State until June 2006.7 Wright v. EMC Mortgage Corporation, Cause No. 02-8531-G
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and its predecessor had been fraudulently invoking the jurisdiction of numerous Texas courts for
8 years, forcing Relator to act on judgments that are void ab initio a complete nullity.
One which from its inception is and forever continues to be absolutely null,
without legal efficacy, ineffectual to bind parties or support a right, of nolegal force and effect whatever, and incapable of confirmation, ratification,
or enforcement in any manner or to any degree. Judgment is a "void
judgment" if court that rendered judgment lacked jurisdiction of the subject
matter, or of the parties, or acted in a manner inconsistent with due process.Klugh v. U.S., D.C.S.C., 610 F.Supp. 892, 901.
After five days of waiting for Fulbrights lawyers to mount some resemblance of a
defense, Bobby Rubarts took over on redirect examination of EMCs key witness and corporate
representative, Annette Anderson, which recorded the following exchange:
Rubarts: (Q) Mr. Wright was never in default on his mortgage was he?Anderson: (A) No.Rubarts: (Q) As a matter of fact, Mr. Wright actually overpaid his escrow
account didn't he?Anderson: (A) Yes.Rubarts: (Q) So, you saw Bank of Americas errors; but rather than correct their
mistakes you just decided to steal Mr. Wrights home and equitydidnt you?
Anderson: (A) (after a lengthy and nervous pause) Yes.
Within seconds of these admissions, Judge Ashby shut down the trial and forced Relator
into a fourth mediation against his will, stating this is costing far too much money and the other
side has threatened to appeal my decision forever. Judge Ashby made that statement knowing
it was false and acted with full knowledge that EMC was there under false pretenses and that the
court had no discretion to order Relator to act on void ab initiojudgments. Judge Ashby later
recused herself without written notice and Mr. Rubarts withdrew, claiming it was at the request
of his firms ethics committee. This left Relator penniless, without representation, and too ill
from the years of trying to defend against the baseless foreclosure attempts by entities who:
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1.) were never the holder in due course with rights to enforce. 2.) never had legal standing to
invoke the jurisdiction of any court; 3.) confessed no default occurred to trigger a foreclosure.
To be certain the above admissions did not spoil what had been a long-standing and
incredibly profitable illegal cash cow for EMC and its now duly defunct parent company Bear
Stearns Securities and all its collective accomplices, EMCs admissions of guilt were expunged
from the court transcript. Relator responded by filing an 18-page sworn affidavit with the Texas
Court Reporters Commission, but no longer had the resources to travel to Austin to attend the
hearings, and the matter was dismissed. With the admissions of guilt now wiped clean, Relator
had to spend the last several years to find another way to conclusively reprove EMCs
admissions. Some of those recent findings are referenced further below.
During the fourth mediation, Relators own lawyer repeatedly threatened him with the
fear of economic loss and depletion of assets every time he tried to leave without acceding to
EMCs unconscionable and one-sided demands, and held under these threats for 12-14 hours.
(Prior to admitting at trial that Relator was never in default and EMC did not own the loan,
EMC was demanding Relators home - plus $202,000.00 in spurious fees to settle the case.)
Operating with a greatly diminished mental capacity, too ill to read the sham documents,
and knowing EMC was famous for breaching settlement agreements, Relator was forced to sign
the demands before he could leave. Petitioner planned to take EMCs demands to judge Ashby,
but he was not given a copy. It was known by all parties that Relator had become destitute from
the years of legal expenses and loss of income, so a $20,000.00 teaser check was used as an
incentive to sign, and was to be executed upon signing. When Relator delivered EMCs demand
letter to their lawyer, he was told the check was not cashable as there were not enough funds in
the IOLTA account.
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When Relator emailed his attorney to find out when the hearing to dismiss his case would
be, Mr. Rubarts responded that he didnt know what Relator was talking about, as there was not
going to be a hearing. That was false. In March 2005, Relator was able to attend the third
hearing on an Agreed Motion to Dismiss8. When Judge Sims asked Relator if he agreed to the
terms of the settlement, Relator said no. Judge Sims later announced: This settlement
agreement will not go into effect until I sign it and I am not going to. This case is going back to
trial. (It would be more than a year before Relator would be allowed to read EMCs demands.)
EMC responded to Judge Sims by literally walking across the hall to Judge Stokes court
and sued Relator for breach of a contract with full knowledge they had issued Relator a hot
check and were acting on void judgments.
The next time Relator appeared in court was in June 2005 on EMCs motion to compel
Relators third deposition. After witnessing EMC testify that Relator was never in default and
EMC did not own the loan, Fulbright & Jaworskis lawyers stood before Judge McFarlane and
falsely stated: Your Honor, Mr. Wright has been living in his house for free for the last 8
years. (Id. Hearing transcript) Relator was too ill to properly respond and Judge McFarlane
told Relator to sit down and threatened him with jail time plus a $5,000 fine if he didnt comply.
That same month, a Washington D.C. lawyer heard about Wrights case and offered to
represent him at Fulbrights video-taped deposition at no cost. During the deposition, Wright
and his counsel were presented with copies of EMCs demands, directed to specified page
numbers and asked questions pertaining to its contents. Wright could not answer the questions
because the pages of EMCs secret demands were all blank, except for the page numbers. At
the end of 10 hours of questioning, Fulbright & Jaworski had nothing to support their case.
8 An Agreed Order of Dismissal was never signed.
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All these and many other ruses were used to wear down and bankrupt Relator so EMC
could un-ring the bell and continue its illegal practices. But the evidence and truth remain.
B. THE FICTITIOUS LOAN DOCUMENTS EMC CREATED
Just prior to the 2004 partial trial, Real Party in Interest Swartzendruber sent an email to
Relators former trial counsel Bobby Rubarts, telling him that they had a copy of the original
loan documents and anticipated Rubarts would come by to examine them. When Relators
expert trial witness started examining the alleged copies and noticed the fraud, Rubarts quickly
snatched them out of her hands. Relator has since recovered the loan documents EMC created
and incorporates a few of the annotated pages in the appendix. (Apx. 17)
This court will notice that what Real Party lawyer Swartzendruber claimed to be a copy
of the original was a false statement. The documents are nothing more than a mishmash of
fabricated documents that show, inter alia, that not one, but two (2) lost note affidavits (LNA)
were created and back-dated 5 years before EMC falsely alleged they purchased the loan. (The
mortgage industry and its lawyers frequently create LNAs to recreate an alleged debt after the
original toxic asset was intentionally destroyed, discharged by law, or allegedly lost.) The non-
negotiable instrument shows the loan was packaged into at least 3 different mortgage-backed
securities without duly recorded assignments; a signature that does not match the name typed
below it; four (4) different loan amounts; three (3) different loan numbers; loan papers filed in
two separate counties, plus an alleged assignment to the Resolution Trust Corporation.
According to these documents, it appears the loan EMC affixed its name to was not
even Relators loan.
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CONCLUSION
It should be evident to this court that EMC et al had to run Relator out of money, get rid
of his lawyers, take his home for free, create a fraudulent title, sell his home for more profit, train
the courts to ignore the law and turn a blind eye to the evidence and truth to help cover up their
years of egregious crimes against him. Relator has, in good faith and with clean hands,
respectfully been trying to defend himself and his property in a judiciary that is fraught with
fraud and where his adversaries tyranny has maintained an unconscionable advantage both
inside and outside the courts. Relator prays he has provided this court with ample grounds to
refer this case for a more deliberative investigation or at minimum, request further briefing.
PRAYER
Relator requests that this Court grant his petition for writ of mandamus and order the
court of appeals to vacate its September 16, 2009 order. In the interest of justice and judicial
integrity, it should be obvious that Relator cannot get a fair court in the DFW area. Merely
remanding the case back to the same courts will only return Relator to forums he can prove - are
rigged to fail him 100% of the time.
Therefore Relator requests venue be changed to an adjoining northern county. In the
alternative, Relator requests Justice Murphy be recused and an equitable justice be assigned.
Relator further requests that this Court order the court of appeals to honor Relators
affidavit and allow Relator to proceed informa pauperis with a 60-day leave. Additionally,
Relator requests this Court order the lower courts that all fees unjustly taxed against Relator be
returned to him, and to award him any other relief to which he may be entitled.
__/s/:Robert John Wright________Robert John WrightP.O. Box 797762Dallas, Texas 75379 / 972-955-6735
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