Federal National Mortgage Association v. Willis

CourtDistrict Court, D. Nevada
DecidedMarch 15, 2022
Docket2:15-cv-02366
StatusUnknown

This text of Federal National Mortgage Association v. Willis (Federal National Mortgage Association v. Willis) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federal National Mortgage Association v. Willis, (D. Nev. 2022).

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 FED. NAT’L MORTG. ASS’N, Case No. 2:15-cv-02366-MMD-EJY

7 Plaintiff, ORDER v. 8 ERNEST C. ALDRIDGE, et al., 9 Defendants. 10

11 AND ALL RELATED CASES 12 I. SUMMARY 13 The Court has a very simple message for pro se Defendants Ernest C. Aldridge 14 and Clarence Moses Willis: if you do not carefully follow the instructions in this order, the 15 Court will issue a warrant for your arrest. Plaintiff Federal National Mortgage Association 16 (“Fannie Mae”) filed this case to quiet title to nine properties it owns. (ECF No. 1.) Fannie 17 Mae won (ECF No. 264), the Ninth Circuit Court of Appeals affirmed (ECF No. 278), but 18 nonetheless Defendants—particularly Aldridge and Willis—have persisted in a fraudulent, 19 vexatious, contemptuous, and frivolous course of conduct, disobeying court orders, filing 20 new frivolous cases, failing to appear for hearings, and continuing to try to sell properties 21 that United States District Judge James C. Mahan has already declared Fannie Mae 22 owns. The Court consolidated several related cases (now called member cases) into this 23 earliest filed case. (ECF No. 312.) This order addresses several pending motions in this 24 case, along with several pending motions in the member cases. More than anything, 25 however, this order is Aldridge and Willis’ last chance to permit these related cases to be 26 brought to a resolution before the Court issues a warrant for their arrest. 27 /// 28 /// 2 To start, the Court incorporates by reference the Final Judgment Judge Mahan 3 issued, which lists the properties Fannie Mae owns, invalidates and expunges various 4 fraudulent recorded instruments prepared by Aldridge and Willis, invalidates any 5 purported property rights stemming from those instruments, invalidates various fraudulent 6 business licenses and permits held by Willis, and states that Fannie Mae is entitled to 7 $103,300 in punitive damages from Willis. (ECF No. 264 (“Judgment”).) The Court will 8 refer to the properties listed in the Judgment in this order as the Judgment Properties. 9 The Ninth Circuit fully affirmed the Judgment. (ECF No. 278.) There is no record 10 on the docket that a writ of certiorari was ever filed, much less granted. The Judgment is 11 accordingly final. Among other findings, the Ninth Circuit noted that this Court properly 12 has diversity jurisdiction over this case (id. at 2), noted that Fannie Mae is deemed a 13 District of Columbia corporation by federal statute for jurisdictional purposes (id. at 4) and 14 rejected as meritless Aldridge’s argument that Judge Mahan “erred by entering final 15 judgment while his motion to dismiss for lack of subject matter jurisdiction was still 16 pending[.]” (Id.) The Ninth Circuit also noted, “[t]o the extent that Willis challenges the 17 district court’s orders denying his motions to dismiss for lack of subject matter jurisdiction, 18 the district court properly denied his motions to dismiss because the requirements for 19 diversity jurisdiction were met.” (Id. at 5.) 20 In March 2021, Fannie Mae filed an emergency motion for an order to show cause 21 in this case as to why Aldridge and Willis should not be held in contempt of court for 22 violating the Judgment. (ECF No. 285.) Judge Mahan granted that motion, finding that 23 Aldridge and Willis were holding themselves out as the owners of one of the Judgment 24 Properties, in Fernley, and trying to sell it to unsuspecting buyers. (ECF No. 287 at 1-4.) 25 Judge Mahan accordingly ordered Aldridge and Willis to show cause why he should not 26 hold them in contempt. (Id. at 4-5.) Judge Mahan set a show cause hearing. (Id. at 5.) 27 Aldridge and Willis did not appear at the show cause hearing. (ECF No. 294.) 28 Judge Mahan thus adjudged them in contempt of court and directed Fannie Mae’s 2 he made at the show cause hearing. (Id.) 3 While Fannie Mae filed the proposed order Judge Mahan ordered it to (ECF No. 4 296), Judge Mahan did not sign the proposed order before deciding to recuse from the 5 case because the Judgment Property Willis and Aldridge was trying to sell—and was 6 accordingly the focus of the contempt proceedings—is located in Fernley (ECF No. 300). 7 Judge Mahan accordingly ordered this case reassigned to a Reno judge. (Id.) The case 8 was subsequently assigned to the Court. (ECF No. 309.) 9 Meanwhile, Fannie Mae had filed one of the now pending motions in this case: 10 another motion for an order to show cause why the Court should not hold Aldridge and 11 Willis in contempt for violating the Judgment. (ECF No. 304 (“Contempt Motion”).) Fannie 12 Mae argues in the Contempt Motion that Willis and Aldridge continue to challenge Fannie 13 Mae’s ownership of three of the Judgment Properties (two in Las Vegas in addition to the 14 one in Fernley) in violation of the Judgment. (Id. at 1-2.) And Fannie Mae further argues 15 that Willis and Aldridge have recorded additional fraudulent instruments on the property 16 in Fernley even since Judge Mahan found them in contempt of court. (Id. at 2.) Willis and 17 Aldridge filed responses to the Contempt Motion (ECF Nos. 305, 306), and Fannie Mae 18 filed a reply (ECF No. 307). 19 More recently, Willis filed a motion that he titled a motion to remand to state court 20 and/or a statement that he does not consent to federal jurisdiction. (ECF No. 315.) That 21 motion is also currently pending.1 In that motion, Willis appears to argue that he was not 22 properly served with a notice of removal of a state court case regarding the property in 23 Fernley, does not consent to the jurisdiction of this Court, and would apparently like any 24 dispute about the Fernley property remanded to state court. (Id.) Willis then proceeded to 25 file two notices of related cases indicating that there are pending state court cases 26 regarding two of the Judgment Properties (the Fernley property and one of the Las Vegas 27 properties). (ECF Nos. 316, 317.) 28 1Fannie Mae filed a response. (ECF No. 319.) 2 the Discussion section below. In addition, and as noted at the outset, the Court 3 consolidated three member cases into this case after this case was reassigned to it. (ECF 4 No. 312.) Those cases are Aldridge v. Fed. Nat’l Mortg. Ass’n, et al., Case No. 2:21-cv- 5 01816-MMD-EJY (D. Nev. Filed Sept. 30, 2021) (the “Homeria Case”), Aldridge v. Fed. 6 Nat’l Mortg. Ass’n, et al., Case No. 2:21-cv-01913-MMD-EJY (D. Nev. Filed Oct. 18, 2021) 7 (the “Canadian Case”), and Aldridge v. Fed. Nat’l Mortg. Ass’n, et al., Case 3:21-cv- 8 00485-MMD-CLB (D. Nev. Filed Nov. 17, 2021) (the “Garden Case”). (ECF No. 312.) The 9 Court’s consolidation order closed the member cases but did not address the pending 10 motions in each case. (Id.) 11 There are four pending motions in the Homeria Case, four pending motions in the 12 Canadian Case, and one pending motion in the Garden Case. This order will also resolve 13 the pending motions in these member cases. 14 The Court now briefly describes the member cases and the pending motions 15 therein. The Homeria Case is about one of the Judgment Properties: 5373 Homeria St., 16 Las Vegas, NV. (ECF No. 264 at 2.) See also Homeria Case, ECF No. 1-1 at 2. In the 17 Homeria Case, Aldridge seeks to quiet title to 5373 Homeria St., Las Vegas, NV in his 18 favor based on a quitclaim deed with the instrument number 20151012-0003374. See id. 19 Judge Mahan declared that same quitclaim deed invalid in the Judgment.2 (ECF No. 264 20 at 3.) 21 The Canadian Case is also about one of the Judgment Properties: 4912 Canadian 22 Drive, Las Vegas, NV. (Id. at 2.) See also Canadian Case, ECF No. 1-1 at 2; see also 23 ECF No. 9 (amended complaint that only adds parties). In the Canadian Case, Aldridge 24 seeks to quiet title to 4912 Canadian Drive, Las Vegas, NV in his favor based on a 25 quitclaim deed with the instrument number 20150721-0002200. See ECF No. 1-1 at 3.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Uphaus v. Wyman
360 U.S. 72 (Supreme Court, 1959)
Oyeniran v. Eric H. Holder Jr.
672 F.3d 800 (Ninth Circuit, 2012)
Harris v. County of Orange
682 F.3d 1126 (Ninth Circuit, 2012)
Shell Offshore Inc. v. Greenpeace, Inc.
815 F.3d 623 (Ninth Circuit, 2016)
Dale Dowers v. Nationstar Mortgage, LLC
852 F.3d 964 (Ninth Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
Federal National Mortgage Association v. Willis, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-national-mortgage-association-v-willis-nvd-2022.