Evicted Politician Accused of|Stealing Homes From Fannie Mae

PHOENIX (CN) - A former Tucson mayoral candidate, whom Fannie Mae had previously tried throw out of his house, tried to retaliate against the government-controlled mortgage giant by nearly stealing at least 28 of its properties, according to a federal complaint.

Fannie Mae, whose name is short for the Federal National Mortgage Association, says Independent Rights Party founder Marshall Home executed fraudulent special warranty deeds that claimed Fannie Mae had transferred certain properties to his political party.

The fraud is Home's way of retaliating against Fannie Mae as part of a "personal vendetta" because it began eviction proceedings after executing the "lawful non-judicial foreclosure of Home's personal residence in 2009," according to the complaint,

Home executed the deeds "as an alleged 'authorized representative' of plaintiff with full knowledge plaintiff never authorized his actions," according to the 19-page complaint.

Fannie Mae claims Home discussed his recording of the deeds and told the Arizona Republic in a June 17 interview that he "plan[ed] (sic) to continue to take homes from Fannie Mae."

Home and the Independent Rights Party have "executed and recorded and/or intend to execute and record additional fraudulent special warranty deeds which have not yet been discovered as of the date of this complaint," Fannie Mae claims.

To "perpetuate this fraud," Home registered the trade name "Federal National Mortgage Association" with the Arizona Secretary of State, according to the complaint.

Fannie Mae says that "in addition to a 2002 felony conviction for assaulting a deputy U.S. Marshal, Home has a history of wasting judicial resources by filing frivolous lawsuits in various Arizona courts."

Home dropped out of the Democratic mayoral primary race on June 16 after he was sued in connection to the 2002 assault.

A Jan. 31 lawsuit filed by Home against the Maricopa and Pima County superior courts used claims like "slavery" and "treason," the lawsuit claims.

On May 18, Arizona Bankruptcy Judge Eileen Hollowell declared Home a "vexatious litigant," and banned him from "making future filings without permission of the court in light of his history of filing 'improper' and 'frivolous' pleadings," according to the complaint.

Fannie Mae says Home began recording the special warranty deeds less than two weeks after being banned from making future filings in the bankruptcy court.

Fannie Mae is seeking a declaration that each special warranty deed is void, and that Home and the Independent Rights Party had no right to execute the deeds, as well as an injunction to stop them from using "Federal National Mortgage Association" or "Fannie Mae" in any business capacity. Fannie Mae is represented by Douglas Toleno of Pite Duncan in San Diego.

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