What Can Be Done and What Has Been Done RE: A State Wide Moratorium on Foreclosures
(Originally posted July 3, 2010)
As I sit here on this 4th of July weekend to write this article and reflect on what is happening in this once great nation, it saddens me that it has gotten this bad…
If you really take a step back and evaluate where all this madness has taken us, it can really hit you hard…
How did we let things go so far??? 4closureFraud dot org
We, as a nation, as the people of this nation, need to take back what has been stolen from us.
Again, what is happening here was no accident. It was the biggest ponzi scheme ever perpetrated in the history of the world.
There are many many reports to back up that claim but you will not find any in the mainstream media. No, the mainstream media is owned by the same players that orchestrated the biggest heist in the history of the world…
Well, I for one refuse to sit back and let this crisis happen without doing everything in my power to make a difference.
Have I? 4closureFraud dot org
I like to think so…
Since I decided to do whatever I could to change the foreclosure paradigm, amazing things have happened with the help of a very special core group…
A group of Foreclosure Fraud Fighters that has emerged out of Florida with a power to be reckoned with.
We have done amazing things, and I truly believe, without our efforts, Florida would have a completely different landscape.
Now, I am not saying Florida is anywhere close to where it needs to be, but it is a start.
If we do not keep up the fight, and hard, I am afraid of what the future will bring. 4closureFraud dot org
WITH ALL WE KNOW, WITH ALL THE COURTS NOW KNOW, WITH ALL THE FRAUDS PRESENTED, WITH ALL OF THE INVESTIGATIONS STARTED, HOW CAN THE JUDGES OF THIS STATE GRANT SUMMARY JUDGMENTS AT ALL???
With that said, I would like to present a possible solution to the Foreclosure Crisis in Florida…
Below are quotes from an AFFIRMED opinion from the SUPREME COURT OF THE UNITED STATES…
RE: FORECLOSURE CRISIS
(emphasis added by me)
The Act provides that, during the emergency declared to exist, relief may be had through authorized judicial proceedings with respect to foreclosures of mortgages, and execution sales, of real estate; that sales may be postponed and periods of redemption may be extended. The Act does not apply to mortgages subsequently made, nor to those made previously which shall be extended for a period ending more than a year after the passage of the Act (Part One, ¬ß¬†8). There are separate provisions in Part Two relating to homesteads, but these are to apply “only to cases not entitled to relief under some valid provision of Part One.” The Act is to remain in effect “only during the continuance of the emergency…
So it is possible for the courts to protect the people instead of disposesing them… 4closureFraud dot org
The Act declares that the various provisions for relief are severable; that each is to stand on its own footing with respect to validity. Part One, ¬ß¬†9. We are here concerned with the provisions of Part One, ¬ß¬†4, authorizing the District Court of the county to extend the period of redemption from foreclosure sales “for such additional time as the court may deem just and equitable,” subject to the above described limitation. The extension is to be made upon application to the court, on notice, for an order determining the reasonable value of the income on the property involved in the sale, or, if it has no income, then the reasonable rental value of the property, and directing the mortgagor
to pay all or a reasonable part of such [p417] income or rental value, in or toward the payment of taxes, insurance, interest, mortgage . . . indebtedness at such times and in such manner
as shall be determined by the court.
Invoking the relevant provision of the statute, appellees applied to the District Court of Hennepin County for an order extending the period of redemption from a foreclosure sale. Their petition stated that they owned a lot [p419] in Minneapolis which they had mortgaged to appellant; that the mortgage contained a valid power of sale by advertisement and that, by reason of their default, the mortgage had been foreclosed and sold to appellant…
because of the economic depression appellees had been unable to obtain a new loan or to redeem, and that, unless the period of redemption were extended, the property would be irretrievably lost, and that the reasonable value of the property greatly exceeded the amount due on the mortgage, including all liens, costs and expenses.
On the hearing, appellant objected to the introduction of evidence upon the ground that the statute was invalid under the federal and state constitutions, and moved that the petition be dismissed. The motion was granted, and a motion for a new trial was denied. On appeal, the Supreme Court of the State reversed the decision of the District Court.
It is this judgment, sustained by the Supreme Court of the State on the authority of its former opinion, which is here under review.
The state court upheld the statute as an emergency measure. Although conceding that the obligations of the mortgage contract were impaired, the court decided that what it thus described as an impairment was, notwithstanding the contract clause of the Federal Constitution, within the police power of the State as that power was called into exercise by the public economic emergency which the legislature had found to exist.
The court said: 4closureFraud dot org
In addition to the weight to be given the determination of the legislature that an economic emergency exists which demands relief, the court must take notice of other considerations. The members of the legislature come from every community of the state and from all the walks of life. They are familiar with conditions generally in every calling, occupation, profession, and business in the state. Not only they but the courts must be guided by what is common knowledge. It is common knowledge that, in the last few years, land values have shrunk enormously. Loans made a few years ago upon the basis of the then going values cannot possibly be replaced on the basis of present values. We all know that, when this law was enacted, the large financial companies which had made it their business to invest in mortgages had ceased to do so. No bank would directly or indirectly loan on real estate mortgages. Life insurance companies, large investors in such mortgages, had even declared a moratorium as to the loan provisions of their policy contracts. The President had closed banks temporarily. The Congress, [p423] in addition to many extraordinary measures looking to the relief of the economic emergency, had passed an act to supply funds whereby mortgagors may be able within a reasonable time to refinance their mortgages or redeem from sales where the redemption has not expired.With this knowledge, the court cannot well hold that the legislature had no basis in fact for the conclusion that an economic emergency existed which called for the exercise of the police power to grant relief.
Sound familiar??? 4closureFraud dot org
Justice Olsen of the state court, in a concurring opinion, added the following:
The present nationwide and worldwide business and financial crisis has the same results as if it were caused by flood, earthquake, or disturbance in nature. It has deprived millions of persons in this nation of their employment and means of earning a living for themselves and their families; it has destroyed the value of and the income from all property on which thousands of people depended for a living; it actually has resulted in the loss of their homes by a number of our people and threatens to result in the loss of their homes by many other people, in this state; it has resulted in such widespread want and suffering among our people that private, state, and municipal agencies are unable to adequately relieve the want and suffering, and congress has found it necessary to step in and attempt to remedy the situation by federal aid. Millions of the people’s money were and are yet tied up in closed banks and in business enterprises.
How about that??? 4closureFraud dot org
We approach the questions thus presented upon the assumption made below, as required by the law of the State, that the mortgage contained a valid power of sale to be exercised in case of default; that this power was validly exercised; that, under the law then applicable, the period of redemption from the sale was one year, and that it has been extended by the judgment of the court over the opposition of the mortgagee-purchaser, and that, during the period thus extended, and unless the order for extension is modified, the mortgagee-purchaser will be unable to obtain possession, or to obtain or convey title in fee, as he would have been able to do had the statute [p425] not been enacted. The statute does not impair the integrity of the mortgage indebtedness. The obligation for interest remains. The statute does not affect the validity of the sale or the right of a mortgagee-purchaser to title in fee, or his right to obtain a deficiency judgment if the mortgagor fails to redeem within the prescribed period. Aside from the extension of time, the other conditions of redemption are unaltered. While the mortgagor remains in possession, he must pay the rental value as that value has been determined, upon notice and hearing, by the court. The rental value so paid is devoted to the carrying of the property by the application of the required payments to taxes, insurance, and interest on the mortgage indebtedness. While the mortgagee-purchaser is debarred from actual possession, he has, so far as rental value is concerned, the equivalent of possession during the extended period.
In determining whether the provision for this temporary and conditional relief exceeds the power of the State by reason of the clause in the Federal Constitution prohibiting impairment of the obligations of contracts, we must consider the relation of emergency to constitutional power, the historical setting of the contract clause, the development of the jurisprudence of this Court in the construction of that clause, and the principles of construction which we may consider to be established.
Emergency does not create power. 4closureFraud dot org
The Constitution was adopted in a period of grave emergency.
While emergency does not create power, emergency may furnish the occasion for the exercise of power.
Although an emergency may not call into life a power which has never lived, nevertheless emergency may afford a reason for the exertion of a living power already enjoyed.
Undoubtedly, whatever is reserved of state power must be consistent with the fair intent of the constitutional limitation of that power. The reserved power cannot be construed so as to destroy the limitation, nor is the limitation to be construed to destroy the reserved power in its essential aspects. They must be construed in harmony with each other. This principle precludes a construction which would permit the State to adopt as its policy the repudiation of debts or the destruction of contracts or the denial of means to enforce them. But it does not follow that conditions may not arise in which a temporary restraint of enforcement may be consistent with the spirit and purpose of the constitutional provision, and thus be found to be within the range of the reserved power of the State to protect the vital interests of the community.
The reservation of state power appropriate to such extraordinary conditions may be deemed to be as much a part of all contracts as is the reservation of state power to protect the public interest in the other situations to which we have referred. And if state power exists to give temporary relief from the enforcement of contracts in the presence of disasters due to physical causes such as fire, flood or earthquake, that [p440] power cannot be said to be nonexistent when the urgent public need demanding such relief is produced by other and economic causes.
It is manifest from this review of our decisions that there has been a growing appreciation of public needs and of the necessity of finding ground for a rational compromise between individual rights and public welfare. The settlement and consequent contraction of the public domain, the pressure of a constantly increasing density of population, the interrelation of the activities of our people and the complexity of our economic interests, have inevitably led to an increased use of the organization of society in order to protect the very bases of individual opportunity. Where, in earlier days, it was thought that only the concerns of individuals or of classes were involved, and that those of the State itself were touched only remotely, it has later been found that the fundamental interests of the State are directly affected, and that the question is no longer merely that of one party to a contract as against another, but of the use of reasonable means to safeguard the economic structure upon which the good of all depends.
It is no answer to say that this public need was not apprehended a century ago, or to insist that what the provision of the Constitution meant to the vision of that day it must mean to the vision of our time. If, by the statement that what the Constitution meant at the time [p443] of its adoption it means today…
“We must never forget that it is a constitution we are expounding, a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” Id., p. 415. When we are dealing with the words of the Constitution, said this Court;
we must realize that they have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters. . . . The case before us must be considered in the light of our whole experience, and not merely in that of what was said a hundred years ago.
Nor is it helpful to attempt to draw a fine distinction between the intended meaning of the words of the Constitution and their intended application. When we consider the contract clause and the decisions which have expounded it in harmony with the essential reserved power of the States to protect the security of their peoples, we find no warrant for the conclusion that the clause has been warped by these decisions from its proper significance, or that the founders of our Government would have interpreted the clause differently had they had occasion to assume that responsibility in the conditions of the later day. The vast body of law which has been developed was unknown to the fathers, but it is believed to have preserved the essential content and the spirit of the Constitution. With a growing recognition of public needs [p444] and the relation of individual right to public security, the court has sought to prevent the perversion of the clause through its use as an instrument to throttle the capacity of the States to protect their fundamental interests. This development is a growth from the seeds which the fathers planted.
Applying the criteria established by our decisions we conclude: 4closureFraud dot org
1. An emergency existed… which furnished a proper occasion for the exercise of the reserved power of the State to protect the vital interests of the community. The declarations of the existence of this emergency by the legislature and by the Supreme Court… cannot be regarded as a subterfuge, or as lacking in adequate basis… the economic emergency which threatened “the [p445] loss of homes and lands which furnish those in possession the necessary shelter and means of subsistence” was a “potent cause” for the enactment of the statute.
2. The legislation was addressed to a legitimate end, that is, the legislation was not for the mere advantage of particular individuals, but for the protection of a basic interest of society.
3. In view of the nature of the contracts in question — mortgages of unquestionable validity — the relief afforded and justified by the emergency, in order not to contravene the constitutional provision, could only be of a character appropriate to that emergency, and could be granted only upon reasonable conditions.
4. In the absence of legislation, courts of equity have exercised jurisdiction in suits for the foreclosure of mortgages to fix the time and terms of sale and to refuse to confirm sales upon equitable grounds where they were found to be unfair or inadequacy of price was so gross as to shock the conscience.
5. The legislation is temporary in operation. It is limited to the exigency which called it forth.
Judgment affirmed. 4closureFraud dot org
HUGHES, C.J., Opinion of the Court
SUPREME COURT OF THE UNITED STATES
290 U.S. 398
Home Building & Loan Assn. v. Blaisdell
APPEAL FROM THE SUPREME COURT OF MINNESOTA
No. 370 Argued: November 8, 9, 1933 — Decided: January 8, 1934
Welcome to the Greatest Depression…
Please educate everyone you know on these issues… 4closureFraud dot org
Please share this with every friend, media outlet, social networking group, website, blogger, attorney, politician and judge that you can.
Tell them that there are other solutions available to sort all this out besides the current methods of summary judgments to disposes entire communities…
With all that is now known about what has been done, the frauds that have been perpetrated on the people of this country, I couldn’t see how there could be any another way than a temporary moratorium on foreclosures until all this can be “sorted out” and the parties responsible for this crisis are prosecuted.
~
STOP THE MADNESS
STOP THE FRAUDS
STOP THE FORECLOSURES
STAND UP AND SAY NO MORE!!!
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Happy 4th of July Everyone…
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Full Opinion and Syllabus below…
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Michael Redman
4closureFraud.org
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Syllabus – Home Building & Loan Assn. v. Blaisdell
Opinion – Home Building & Loan Assn. v. Blaisdell
For anyone interested,
Rod AIB
Talkshoe Radio 6/22/2011
Raja speaks about how the banks securitize
get a notebook and write everything down….
Hope this helps!
Here is the link to listen to raja… Go to talk shoe and type in Rod Aib…..the show air Friday and Tuesdays… You learn so much….
Evening everybody just got in
heres the new call info for tonight.
Mac
T o n i g h t ‘ s D i s c u s s i o n:
Updates, and we try again for Foreclosure Breakthroughs
with Special Guests Jeff Brown and Raja (our “forensic” auditing expert ) !
Talkshoe # 724) 444 – 7444 Call ID: 48361
Also participate: Via computer WITHOUT talk option…And For The Call Archives !
http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=48361&cmd=tc
Here’s a recording of the Fri, June 17, 2011 AIB Show…
http://recordings.talkshoe.com/TC-48361/TS-502717.mp3 …Episode 436
The quality isn’t the best, but Rod has said that he will be
getting with Raja and Jeff soon for some Private Recordings
of the foreclosure breakthroughs that will be posted on AIB !
3,100+ VIEWS OF THE Rod DC Lobbying VIDEO ! And, climbing !
The Rod Class and Carl Weston AND Friends Lobbying Video continues
to “stir it up” in D.C. Here’s the video from Thurs, June 9, 2011.
Click here >> http://www.youtube.com/watch?v=Q3Cgaz8vo60
This is Jim in Northern Calif. I was on the call last night with Jerry and I spoke about some accounting doc’s. that are pertinent to these foreclosures. I am going to list some of those as well as the info. about them:
2046 balance sheet as it relates to the original “loan” … shows the banks’ ledgering of the account. Will show the off balance sheet entry and extinguishment of the “loan”. Mandatory filing pursuant to Title 12 U.S.C. 248 & 347
1099 OID report
S3 A registration statement: shows when and where the instrument was sold… they can’t claim “lost” note
424 B-5 prospectus (security filing)
RC S & RC B call schedules.
FASB (Financial Accounting Standards Board) part of GAAP (Generally Accepted Accounting Standards)
FAS 125, 133, 140, 5, 95. These will direct the auditor to the liability side of the banks’ books and also create the trail of exactly where the money came from and where it went.
A promissory note falls under UCC Art. 3 because it is a negotiable instrument, once it is securitized, it falls under UCC Art. 8 & 9 as a security. The banks are illegally selling your un-registered instrument. Deeds of trust and mortgage deeds are always registered as evidences of debt… notes are never registered… selling un-registered securities is an automatic right of rescission of the original contract. You possess entitlement rights and possessory rights to your original note… it is negotiable.
UCC 3-305 is about recoupment, UCC 3-306 is the claim you must make to apply the set-off from the account ledger. this counterclaim is mandatory.
Title 12 1813 (L)(1) states that when you deposit a promissory note, it becomes a cash item to the bank, you were supposed to get a receipt for it. But you didn’t ask for it. These notes are deposited into a transactional account and the credit goes to the accounts payable side of the ledger (assets) of the bank, but on the liability side, the note has been sold already after it was monetized by your signature. You are, therefore, the first funds transferor and have the right to either your note, or the cash equivalent.
Under Civil Rule 13, if you fail to bring a counterclaim, you waive your rights to the note. Because you were ignorant of the rules of procedure.
Ask for all documents in discovery, under Civil rule 36 if they don’t produce them, they are admitted.
We loaned them the note, we started the process, so we need to show them where to fix the problem. At law, we are presumed to be knowledgeable in banking since we deal in commercial paper every day. FRN’s are nothing more than registered promissory notes, that’s why they are recognized as deposits and you receive a receipt from the bank for your deposit. You should register your promissory note on a UCC-1 or UCC-3 to show a public interest in the note itself. This is recognizable in Court. Otherwise, your only public interest is shown by your payment to the bank, on the receivable(asset) side of their ledgers.
The 1099 OID will identify who the principal is from, which capital and interest was taken, and who the recipient or payer of the funds are, and who is holding the account in escrow, un-adjusted.
I am not an attorney, and this is not to be construed as legal advice. If you have questions about the information contained herein, seek the advice of competent counsel……
So it is true that the fact they NEVER REGISTERED THE NOTES AT THE RECORDERS OFFICE ATTACHED TO THE MORTGAGE AND THE DEED AT THE ORIGINATION, MEANS THE LOAN NEVER ACTUALLY EXISTED. THAT IS THE ORIGINATION FRAUD.
THAT MEANS NATIONWIDE LOAN RECISSIONS………………………………………………
THAT UNRECORDED NOTES WAS FRAUD BECA– USE THEY SOLD AN UNREGISTERED INSTRUMENT,_ THE NOTE_ AS A SECURITY INSTRUMENT .
GOD BLESS AMERICA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
@stupendous man http://www.law.cornell.edu/ucc/8/overview.html
all our notes were securitized. there can not be any foreclosures. notes and stocks can not coexist
All of our notes were not securitized properly under the requirements of the PSA and they did not follow the LAW OF TRUSTS in the state of New York, NEW YORK TRUST LAW.. Have you read the MANDLEMAN article that was posted here? THE SIGNING…..or, Pardon me, Mr. Banker, but your REMIC is showing. They _never _delivered the notes to the trusts. The security was the money flow and our signatures were the collateral. Fraud, fraud, fraud….
If the trustee never actually recieved ownership of the Plaintiffs mortgage loan because the loan was never properly transferred to the trustee and the MBS did not follow the PSA agreement and the assignments that occurred in the case did not follow the law of trust in the STATE OF NEW YORK to validly transfer the trust to the trustee. THE CLOSING DATE ESTABLISHES WHEN THE TRUST ASSETS MUST BE TRANSFERRED TO THE TRUST.
IF THE PSA WAS NOT STRICLTY COMPLIED WITH, THAT MEANS THE LOAN AT ISSUE WAS NEVER PROPERLY TRANSFERRED TO THE TRUST.
THEY NEVER WERE BECA– USE FANNIE MAE WAS EVERY ENTITY.
WAS FANNIE MAE’S OWNERSHIP RECORDED AT THE RECORDER OF DEEDS?
WAS THE DEED OF TRUST RECORDED at the COUNTY RECORDERS OFFICE?
WHEN THE ORIGINAL LENDER SOLD THE MORTGAGE TO OTHER PARTIES, WERE THE EXCHANGES EVER RECORDED OR ASSIGNED IN THE COUNTY RECORDERS OFFICE?
WHY ARE PRETENDER LENDERS COMMITTING FORECLOSURE FRAUD?? WERE THEY HIDING FROM INVESTORS THE FACT THE LOANS WERE GARBAGE BY DESTROYING ORIGINAL NOTES AND MORTGAGES????
THEY ARE TRYING TO MASK THE FACT THAT THE ORIGINAL LENDERS AND SERVICERS DID NOT LAWFULLY AND EQUITABLY TRANSFER THEIR PROMISORY NOTES ON THE MAJORITY OF OCCASSIONS IS THE FACT THAT FEW, IF ANY, OF THE HUNDREDS OF THOUSANDS OF FORECLOSURES BEING CARRIED OUT BY MORTGAGE SERVICERS IN THE NAME OF SECURITIZED TRUSTS CAN PRODUCE VALID CHAINS OF ASSIGNMENTS, INDORSEMENTS UPON NOTES, AND ACCOUNTING LEDGERS TO SHOW THE ACTUAL NOTE WAS AN ASSET OF SUCH TRUSTS.
ONE PREDATORY PRACTICE, FAILING TO RECORD IN COUNTY RECORDS THE TRUE AND REAL OWNERSHIP, ASSIGNMENTS AND ENDORSEMENTS OF PROMISORY NOTES, DEEDS AND OTHER MORTGAGE DOCS. WHICH WERE PART OF A SALE, ASSIGNMENT OR TRANSFER.
MORTGAGE AND ASSIGNMENT FRAUD IS ONE OF DOZENS OF FRAUDULENT AND PREDATORY MORTGAGE AND SECURITIZATION PRACTICES THAT HAVE BEEN IDENTIFIED.
I BELIEVE ALL OF THIS OCCURRED BECA– USE FANNIE MAE WAS HIDING THE FACT THEY WERE THE TRUST AND THE TRUSTEE AS WELL AS THE LOAN ORIGINATOR, THE BUYER AND THE SELLER. ILLEGAL AND UNCONSTITUTIONAL.
NOW WE HAVE A A MASSIVE AND PERNICIOUS COVER UP FOR FANNIE AND FREDDIE AND ALL OF THEIR MORTGAGE FRAUD..
THE GSE’S NEVER SECURITIZED ANYTHING.
We borrowed money from our homw town band RCB Bank on April 17, 2007, then our bank on April 20, 2007 registered to transfer it to MERS, on May 10, 2011, Susan King, Vice President, Mortygage Electronice registration corporation, used a Corporate Assignment of Mortgage and assigned it over to Sun Trust Mortgage and it was recorded on May 16, 2011 in Kay County, Oklahoma.
We borrowed money on our home from RCB Bank and on our note they used to file foreclosure against us in Kay County back page, says Pioneer Bank and trust, signed by Carole L. Jeffries, Senior Vice President. On the Assignment of Mortgage that was recorded in Kay County. On April 20, 2007, RCB Bank, Carole L. Jeffries, Vice President recorded in Kay County Assignment of Mortgage of real Estate over to MERS.
If we did not borrow money from Pioneer Bank and Trust, then why would Carole Jeffries, vice President on the back page of the Note put, “Pioneer Bank and Trust, without recourse, pay to the order of: Sun trust Mortgage., Inc.? With no address or no seal or nothing? Our copy of the note has just my wifes signature and nothing else.
Can they do something like this legally?
Fannie Mae has sent us letters stating they own our mortgage and if they own the mortgage how does Sun Trust Mortgage get the note signed over to them by MERS?
That is fraud. Fannie and Freddie are hiding behind the scenes of this fraudclosing through proxies like banks servicers, MERS and their network of attorneys. They were never assigned or recorded as such and either were their PERPS.
WHERE ARE THE _ORIGINAL_ NOTES THAT THE SECOND BANK PAID OFF??????????
I HAVE THE ORIGINAL NOTE AND MORTGAGE FROM THE ORIGINATION……………………………YOUR SIGNATURE WAS ALL THEY NEEDED FOR COLLATERAL FOR THEIR PONZI SCHEME…………………………
@ stupendous man that covers notes not securitized once securitized they fall under Ucc8
@ i vent oh my your right. didnt even notice that. there shoudl be a notary and we should get all original docs at closing. and we do not have any originals signed. please be miore clear all i have from closing is the mortgage and my note all unsigned blank. only recorded was my mortgage not the note. that is all i have
@i vent you must remember most of us are “ignorant” to all this what they want us to be. so if you can please tell
us all in foreclosure land how to find the fraud in our documents. remember 95% OF US are not even on here so the rest of us only 4-5 % are trying to get a crash course in law before we lose our homes
Everyones fraud is different. I have the original note from my closing never signed,.There is no ORIGINATION to this loan on title. In my refi they did a slight of hand and they said my husband was an unmarried man and changed that by typing over it to married man after the closing and forged our initials. I have the original and the fraud is in the copy that is attached to the fraudclosure complaint. there is tons more like builder fraud and title co fraud. Get your recordings and make copies of everything.
You need to research accepted for value, strawman, Winston shrout teaches and has some videos on utube, along with Douglas Riddle, Ben Lowery, also rod class has a great web site, they are uncovering so much thru his team of researchers, all documented.. His documents are free to download and print off his web site…. I am just learning, and spend every extra hour I have learning.. You have to keep an open mind, and don’t believe everything, but I have heard some people discharge there debts using accepted for value, I have never tried it…..still researching… As far as your house, rod class does hie radio shows on talkshoe online Tuesday and Friday (rod aib radio) and you learn so much from them… They have a gentlemen Raja who is a auditor for securitizations and he explains in great detail about the process and what to ask for from the bank to prove they are the party in interest… The broadcast I think was 6/19. 6/22
the show last for about 3 hours but if you want to learn grab a notebook and write everything down….you have to start researching everything….
Rods website is http://www.rodclassteam.com. Take care and good luck, keep the faith and if you believe in god, ask him for guidence in what to learn or and he will lead you to what you need to learn first.. That is what I do when I start getting to much information all at once and I get frustrated….I was in foreclosure, but my letters QWR were sent and BOA recinded my foreclosure… In my second letter I brought up the Bankrupycy act of 1933 and the fact my note was a deposit and I created the money to fund my loan by signing and depositing, it was an exchange..that’s all…. I’m in the clear right now but raja taught me so much on securitization and I am gearing up incase I have to defend my home and myself…..the promissory note is no more because it was securitized, once a mortgage becomes securitized it no longer falls under UCC 3, it now falls under UCC 8 a stock/bond…the note and stock can’t exist at the same time, it is called double dipping securiies fraud. So really if the mortgage was sold as a MBS the note is invalid, null and void…. and how much money did that note create for the banks by selling it off? Also Consumer Foreclosure Defense is a great book, it is free on their website….Vince Kahn is the author……I also learned alot from Neil Garfield….. I study & research in my free time…keep the faith.. Hope this helped….
@jade how do i learn how to do a qwr. how do i teach my lawyer cousin in jacksonville about all this. she has one thought proccess. she has one what she was taught in law school not about the fraud that is going on. i love my home and will defend it. we put our 20% down not because we had to but to invest in our home cs a 401k, ira. we wanted our money safe. seems anyway we would have went would of hurt us. i want to find out how to beat wells fargo. i want this stress gone. waiting for foreclosure is a bitch. do not want to move.
so i have been writing pam bondi floriidas AG she is doing nothing fo r florida but allowing the fraud to continue in the courts. why is ucc code 8 not known by all juges and lawyers. why do they still pretend. the cat is out of the bag. can i quote what you have said to pam bondi i will just tell her the web site i found it on. just to let her know we know what s happening. i guess thats what all the secret meetings are they do not want anyone to knomw about the notes being null and void. thye are making us pay lawyers 3k a year to defned our mortgages to lose anyway. i will not lose.. so pleae help me
how do i do qwr. do we wait on discovery so every thing goes through the court. how do i tell wells fargo i know about that my note is null and void once securitized. so what is the big ‘shibang” about the noted being real and all hte assignments. if at securitzation they are all null an void. my son has the twighlight zone on tv the original. that is what i feel i am in and circling the drain to doom. please help
see http://livinglies.wordpress.com/2011/07/04/no-end-in-sight-minnesota-shuts-down-completely/
They can’t foreclose if they don’t have the note. FIND THE ORIGINATION FRAUD IN YOUR CLOSING PAPERS, FOR THE LOVE OF GOD.
There are circumstances under which they can foreclose without the note. To believe or argue otherwise is folly. It is all right there in the UCC for anyone and everyone to read.
Don’t drink the Kool-Aid. Read it for yourself. UCC 3-301 and UCC 3-309.
http://www.law.cornell.edu/ucc/3/article3.htm#s3-301
I ALSO SAID, FIND THE ALTERED DOCUMENTS THAT WERE ALTERED AFTER THE CLOSING. THE OTHER ORIGINATION FRAUD. IF YOU RAISE THE ISSUE THAT THEY FORGED YOUR SIGNATURE ON THE NOTE AND THE MORTGAGE WHICH THEY DID. THEY WILL HAVE TO PRODUCE THE ORIGINAL BECA– USE THEY NEVER RECORDED THE ORIGINAL NOTE AND THE NOTARY PAGE IS A SEPARATE PAGE FROM THE MORTGAGE AND IT SHOULD NOT BE BUT IT IS BECA– USE THERE WAS NO NOTARY AT THE CLOSING THAT IS PROOF OF FRAUD..
FRAUD ANYWHERE IN THE CONTRACT KILLS THE CONTRACT.
To Lies, yes i’ve heard of the BC being used as our treasury bond.. Thus goes back too 1933. When they took the gold and silver away it left us without lawful money. So the agreement was the US was to discharge our debts all public and private.. We are not suppose to pay for anything the govt makes us register. They claimed ownership on our labor, our property, cars etc and are suppose to pay the upkeep. Since there was no lawful money in the system, the govt used the credit of all citizens to back the debt by securitizing off our signature, this is how the economy thrives, and banks get very rich when we sign for anything, because it is treated as a deposit from us to the bank. This is how credit is created. There is no money, the only money is ferns that is worthless backed by our credit, our signature.. Plus every deposit the banks get 10x that amount ( fractional banking) what we are paid from our employer is seperate from what the govt obligations were from the bankruptcy of 1933… From what I read our BC are valued at sone dollar amount and the us govt taps into that to pay for whatever it is you buy, house, car. And credits the company. The banks make money from pretending they lent u something, when they didn’t, then charges you interest and becomes the lien holder on your property…I have also learned of our strawman, your all caps name is considered a corporation that the govt uses too hold you accountable for laws, rules, codes, statatory laws, fines and the debt.
Your personal living person is seperate from your strawman.. No one can own you, but thru your strawman you are owned by the US Govt, look at all you legal documents, drivers license, cc bills, social security, etc your names is always in full caps….this is your strawman standing in for you the real person… The strawman is how the govt uses your signature as collateral and hold you responsible thru commerce …..
@jade so what happens how do we get our “money” to pay for our homes that were over appraised. we should not be responsible for the mortgage on these fraudulent homes. what do we do from here. me and my husband have lost everythung. it is scary at our age to have no money. no job, no health insurance and we are losing our home. i am 47 years old and had good credit all my life. will a judge see this on my credit report. can not my lawyer defend me. nthat this is just the wrath of the poor economy nithing that i have done intentionally. i am so sad i have doen everything right in my life. buy a hime for kids to grow up in. selling that home in exchange for a better education for my children. but at what cost i have lost everything. what do me and my husband do. if youkniw any more about this birth certificate bond i need to know/ i want to fix what has broken by no fault of mine.
@marilyn A here is keiths email address please write him and find out what you find. i find it hard to beleive but what is happening to our homes is hard to beleive. would you beleive 5 yrs ago that banks would be lieing to courts ubmitting fraudulent paper work and not ONE person has gone to jail for robo signing. they keep making these deals with none trickling down to the home owners. so a birth certificate bond. yes they did follow hiltler and went to take a shower. when i was 8-9 i had a german friend katrina in NY, my brother was 6yrs older then me. when ever i went to her house my brother would yell out to me what ever you do dont take a shower in her house. at the time i didnt understand what he meant, good luck find out what you can ? it kind of scared me a bond on my life. birthcertificate. he kind od said what else do you know that is a certificate and i said a stock or bond, BINGO
sorry riceowlex@gmail.com
let us all know what you find out i just didnt understand
I just found your reply and have e-mailed Keith…I will let you know if and when he replies….This whole shitten mess is discusting…..everyday it is something that fries the mind….I hear Egypt and others are speaking out about the enemy for America is sitting in the White House….Well…according to what I have read….many have sat in the WH…this shit just didn’t start. I heard a long time ago that banks did not lend money…now I see where these bastards got the millions and trillions in their deep pockets…..no wonder paychecks and social security checks are demanded to be direct deposit….and credit cards…never lent the money and have the guts to charge high interest…OMG….this is enough to make one vomit…..I guess it’s time to get some voo-doo dolls.
@marilyn thanks for your email yes let me know about keith it is all hard to digest. i am miss 789 credit score. i paid all my bills on time to every creditor. but if there is know money coming in what bills do you pay. i have an interview july 13th at the local college. i am a nurse but people think we can work anywhere and it is not true. i opened up a job in a hospital near me they want me to take care of 6- 8 sick patients. i worked labor and delivery then mother/baby in mother/baby it was 8 patients and they were not sick. then i drove 75 miles to work in st pete florida to tkae care of 7 patients on a ventilator i am not that kind of nurse i can not do it. most recently i tried psychiatric nursing. there is just no Mother/baby jobs for me. available. i am doing some home care and have that interview at the college. so you see i am ambitious and want to make money but if one can not get the job how do you earn a living. my husband just lost his job last week. i have all the creditors calling what do you do i cant pay?????? so thats when what keith told me was intresting. i want these debts gone. this was not of my doing i did not tank the economy.. let us all know what you find out. i need purge these debts i am so stressed. everyine just said pay important stuff car, insurnace , lectric and phone. did you hear this——-that the debts crdit cards were also securitized and the notes are also in question????? need more info on that
THE PROBLEM IS……………IT IS GOING TO TAKE NO LESS THAN A CATTLE PROD TO WAKE UP THESE PEOPLE…………….TO FIGHT THE INVASION OF THE FREEDOM AND FINANCIAL SNATCHERS!
Here’s the FBI’s bragging list on white collar criminals they are looking for… Don’t know about you, but these guys are peanuts compared to BOA, Ally Financial, WAMU, GMAC, Chase wc criminals… just to name a few.
They certainly are missing some pictures from this list, that should be there !!
http://www.fbi.gov/wanted/wcc
ALL THE NEW WORLD ORDER MEMBERS WHO HAVE HIJACKED AMERICA POSING AS AMERICANS. TREASONIST TRAITORS SUCH AS THE CEO’S OF FANNIE AND FREDDIE PAST AND PRESENT, GEITHNER, BERNANKE, PAULSON, BLANKFEIN, CERTAIN MEMBERS OF CONGRESS, TO MENTION A FEW. CROOKS ALL OF THEM.
Ya…why are the prisons filled…cause someone had some white powder in a plastic bag…..or wrote a bad check…..OMG….I guess from what we are told there have been no shackels or handcuffs cause they all are corrupt themselves…..Why is Madoff in for 150 years ?…His crime was a drop in the bucket….plus his accounts were with JP Morgan Chase…and he said Chase knew what he was doing…Chase made alot of money on those accounts…and he said the U. S. Gov’t. was one hugh PONZI scheme…..I take it the gov’t. flew in the drugs and the banks laundered the drug money……and they say crime don’t pay…………Hmmmmm
Madoff was just a scapegoat. Now the Trustee for Madoff is going after the BIG FISH AT Chase and said CHASE knew what Madoff was doing. OF COURSE THEY DID. When the Gov. is making money off of fraud, the bottom feeders go to protect the big fish. They are using all of us. ENRON did what the Gov. did and they learned, YOU BETTER NOT DO AS THEY DO, BECA– USE ONLY THEN IT IS ILLEGAL.
1492 Christopher Columbus granted Privileges and Prerogatives by High Contracting Catholic Majesties (Europe) see Avalon Project)
1606 Charter of the Virginia Company of London ( also called The London Company) (see Plymouth Company)
1606 The First Charter of Virginia ( April 10)
1609 The Second Charter of Virginia; (May 23,)
1611 The Third Charter of Virgina ( March 12)
1614 Grant of Exclusive Trade to New Netherland by the States-General of the United,Netherlands; (October 11)
1620 Charter of New England ( See Adventurers and Planters)
1621 Charter of the Dutch West India Company
1622 Charter of Connecticut
1624 Warrant for William Ussling to Establish a General Company for Trade to Asia, Africa, America and Magellanica; (December 21)
1629 Charter of The Massachusetts Bay
1632 Charter of Maryland
1634 Royal Commission for Regulating Plantations ( April 28)
1665 Charter of Carolina (June 30)
1672 A Declaration of the True Intent and Meaning of us the Lords Proprietors, and Explanation of There Concessions Made to the Adventurers and Planters of New Caesarea or New Jersey – ( December 6,)
1681 Charter for the Province of Pennsylvania
1700’s
The Federalist Papers
Native Americans : Statutes of the United States
Native Americans : Treaties with the United States
1701 Charter of Delaware ( October 28)
1732 Charter of Georgia (June 9)
1776 Declaration of Independence ( July 4)
1781 Articles of Confederation; (March 1)
1782 Treaty with the Netherlands
1782 Contract Between the King and the Thirteen United States of North America, signed at Versailles (July 16)
1783 Contract between the King and the Thirteen United States of North America (February 25)
1783 The Paris Peace Treaty
1787 Constitution of the United States
1787 Northwest Ordinance ( July 13)
1789 The Judiciary Act; (September 24)
1789 Create Inferior courts & Attorney General’s Office
1795 Congress Pass’s 11th Amendment
1822 Secret Treaty of Verona Written
1823 Monroe Doctrine Written
1826 Congress passed the first Bankruptcy Bill
1861 Start of Civil War 1st Bankruptcy of US.
1863 Letter from Rothschild To Congressman to establish banks in US.
1864(?) Treaty of Northwest Territory
1865 End of Civil War /Assassination of Abraham Lincoln
1867 Andrew Jackson vetoed the Reconstruction Act
1867 Congress passed Reconstruction Act of veto
1868 14th Amendment Passed Created 2 Federal Citizens
1899 Created the Corporation into a person
1907 Corporation Trust Company of America Established
1910 Start of Creating the Federal Reserve Bank
1910 Secret Meeting on Jekyll Island
1912 Sinking of the Titanic
1913 Federal Reserve Act passed
1916 Congressional Record of 64th Congress Secret Treaty of Verona
1916 Congressional Record, 62nd Congress, 3ed sess. Butler vs Bonniwell pgs 3215-3216.”Jesuit Oath”
1917 Trading with the Enemy Act
1917 Lindbergh impeached Federal Reserve (Feb 12)
1920 Prohibition in the United States
1928 McFadden Addressing Congress about money being taken by the Feds
1929 US. Economy Collapse ,stock market crashed
1930 Banks Gambling on the Public credit
1932 Fed Reserve sent 750,000 to Germany later another 300,00 in Gold ,12 million in Gold
1933 U S Bankruptcy
1933 The Year Most Western World Nations Were Forced Into Bankruptcy – Proclamation 2040 Bank Holiday – Franklin D. Roosevelt
1933 FDR papers 1-4
1933 Hitler rose to power March,
1933 Corporation Trust Company of America Amended it’s title, Updated Treading with the Enemy Act, Made the straw man Enemy of the state,Anti-hoarding Act
1933 Emergency Banking Act
1933 49 Stat 3097 Treaty series 891
1934 Social Security Act
1940 76th Congress Honorable Judge Thorkleson “New World Order (Aug 19)
1940 They knew of the New World Order
1945 All States under UN Jurisdiction
1945 UN Became in Existence ,International Organizations Immunities Act
1950 Congressional Record National Lawyers Guild The Bulwark For The Communist Party
1954 Great Conspiracy to Destroy the Sovereignty of the United States
1963, Assassination of John F Kennedy (November 22) (12:30 central standard time)
1971 Young Executive Report
1977 United States went Bankrupt again
1981 President Ronald Reagan fires hundreds of FAA employees denies their pay and sick leave
1992 Executive Order 12003
RON PAUL HAD IT RIGHT WHEN HE SAID THE U.S. NEEDS TO REMOVE ITSELF FROM THE UNITED NATIONS, THE BIGGEST LYING FRONT FOR THE NEW WORLD ORDER NEXT TO NATO AND ISRAEL. THOSE ARE JUST A FEW OF THEIR PROXIES WHICH ALSO INCLUDE, FANNIE AND FREDDIE, CONGRESS, WALL STREET, THE FEDERAL RESERVE, UPPER TRANCHES OF THE FEDERAL GOVERNMENT,THE FDIC INSURED BANKS AND THEY ARE HIDDEN IN PLAIN SIGHT ALL THROUGH THE OBAMA ADMINISTRATION. THIS FOREIGN TYRANNY IS HIDING FROM WITHIN AND THEY ARE THE TERRORISTS WHO HATE OUR FREEDOM AND WANT TO TAKE AMERICA OVER WITHOUT EVER FIRING A SHOT.. AL QAIDA IS A SHAM.
NAZI’S, ALL OF THEM.
Ron Paul in an interview said to print more money, he said nothing about stabilizing the currency.
He’s a big a perp as the rest of them.
It’s time for all to go Galt. it is time to Quit. It is time to stop supporting the government
financially. It is time to stop supporting the banks financially. Just Quit.
Readsdocs, I agree about Ron Paul. He is working for them. THEY ARE ALL DECEPTIVE.AND THAT IS HOW THEY GAIN SUPPORT, BY DECEPTION, MIXING LIES WITHT THE TRUTH. We have to be able to WEED OUT THE TRUTH FROM THE LIES. They all tell half truths and I would NOT vote for him. THAT IS HOW THEY OPERATE. I DO NOT TRUST RON PAUL OR ANY POLITICIAN. He was right about removing AMERICA from the U.N. I read he wants to AUDIT THE FED TO DECLARE AMERICA BANKRUPT SO HE CAN CALL FOR A ONE WORLD CURRENCY. WHAT ABOUT AUDITING THE U.S. TREASURY AND FORT KNOXX???? I COULD GIVE A DAMN WHAT IS IN THE FEDERAL RESERVE. LIKE MAX KEISER SAID THE ONLY THING IN THE FEDERAL RESERVE IS MOUNTAINS OF COCAINE AND PABLO ESCOBAR. MAYBE THE BLACK POPE IS HIDING IN THERE TO.
I vent…..I heard AL-QAIDA IS LIKE AIR….JUST LIKE THE MONEY….IT’S NOT FACT….IT’S FICTION. MAYBE THEY ARE SPEAKING OF THE FOREIGN MULTINATIONAL FRAUDSTER BANKSTERS. WHEN THEY TALK OF AL- QAIDA ……AND ARE JUST TRYING TO CONF– USE US. I HAVE TO TAKE AN ASPRIN….AND TRY TO REMEMBER WHERE i HEARD THAT.
Marilyn, that is what I am trying to say, people believe that AL QUAIDA stuff. AL QUAIDA is a work of FICTION, A SCARE TACTIC THEY — USE TO TRY TO CONTROL US AND TAKE AWAY OUR FREEDOM. SOME PEOPLE ACTUALLY BELIEVE THAT CRAP AND WILL GIVE UP THEIR GUNS BECA– USE THEY ARE SHEEPLE. THEY ARE LIKE SHEEP BEING LED TO THEIR OWN SLAUGHTER. FOR THE LOVE OF GOD, WAKE UP AMERICA………
Yep, I think everyone just takes everything for granted, and one day u wake up and everything has changed. If u are proud to be an American then everyone should get educated on the real truth and start educating themselves.. Stop playing video games, stop living in a fictional world, wake up and start understanding why we are in this situation…
Yep, what is really scary is the majority of Americans have no idea what state of emergecy really means, and our clueless that the constitution is suspended…. Also under a state of emergency the president can pass laws thru comitiies and bypass congress because Congress is suspended. I just learned this from a private attorney general who is suing the U. S Govt…crazy times, scary times… America needs to wake up… I love my country and I am so proud to be an American…happy 4th of July.. This year is more special because I’ve gone back and re read the constitution, congressional records, and the history of how we bacame such a great nation, but I also learned how we’ve been lied too and defrauded by our own govt.
It is all about money and power… No one is backing us up…my friend private attorney general has also wrote to the us coast guard and navy asking them to step and protect us and this nation from deceptive lies and fraud…
Jadegreen, I agree we are living in perilous times. What Constitution is Obama governing under anyway? I think he has our U.S. Constitution confused with the World Constitution. My kids told me they saw some people wearing impeach Obama t-shirts tonight. I think America could be waking up.
In my view, the Federal Government now serves as co-conspirators with the banks. This is the greatest transfer of wealth from Americans to foreign investors. Each of the trusts our homes were sold too, are globalist entities.
It is our Federal Government that continues to say hurry and foreclose as the sooner these homes are sold at discount, the sooner our economy can rebound… yeah, right. They know these foreclosures are fraud; forgiveness is much easier to get then permission to steal someone’s property.
diane it sickens me. i live in hernando county florida. “the nature coast” yeah there will be no people to enjoy it if this does not stop. my county is being over run and i need help on top of all this foreclosure issues they just took our buses away to kids with 2 miles of the school we are mostly a rural county with no side walks or safe areas for the kids ro walk or bike to school , property values down another 10%. where were all these people when properrty values were rising so fast. they loved the moeny and then when they need to cut they pick on our childre. also our county is buying up foreclosed homes instead of offering the foreclosed homes to the original owners and giving them a mortgage at property value and leaving the lives of children intact no they are qualifiying other people and giving daown payment assistance for them to buy these houses. then the ocunty brags about how much everyone is making inthe sale of these homes how outrageous when most of these foreclosures are fraud and also undefended. also see this lnk http://www.foreclosurehamlet.org/profiles/blogs/fl-man-falls-behind-on
since when do you get your house trashed out is it a civil matter????
there are 5 comissioners in hernando county and the school board. please everyone join me and write these people. florida is a mess and to fix things it starts with us making a difference. when i heard about tim obrien ROD in mass. he is doing wonderful stuff. 75% of his assignments are fraud.
what if acted like everyone else we would be no where today
so all please lets all write the hernando county commission and school board. help protect our children and our homes. we did not couse this and i children should nit suffer
thank you all so much its herando county florida we must stop the carnage
I would like to Thank You guys here at this website for everything you have done to help all of us. You guys are unbelievably awesome and so incredibly generous for sharing all of this information and your knowledge with all of us. I just can’t Thank You enough!! Happy 4th!! God Bless!!!
Vent, Your great spirit makes you a joy to trade info……..and jokes with, GOD BLESS YOU ALL……..AND TO ALL A GOOD NITE.
ditto housemanrob i am stronger because of all of you. i probably would have been long gone renting.
although i am in the proccess , the part of florida i live in has alot of affordable rentals near my kids school. so what ever happens. life for my children will continue maybe under a new roof, but at least they see their moms spirit and how i will not give in to fraud. like someome said owning a home is not just about maintenance anymore its about standing our ground and defending what is ours. happy forth all my friends
ISSUE ONE:
OATH OF OFFICE MAKES PUBLIC OFFICIALS “FOREIGN”
1. Those holding Federal or State public office, county or municipal office, under the Legislative, Executive or Judicial branch, including Court Officials, Judges, Prosecutors, Law Enforcement Department employees, Officers of the Court, and etc., before entering into these public offices, are required by the U.S. Constitution and statutory law to comply with Title 5 USC, Sec. §3331, “Oath of office.” State Officials are also required to meet this same obligation, according to State Constitutions and State statutory law.
2. All oaths of office come under 22 CFR, Foreign Relations, Sections §§92.12 – 92.30, and all who hold public office come under Title 8 USC, Section §1481 “Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions.”
3. Under Title 22 USC, Foreign Relations and Intercourse, Section §611, a Public Official is considered a foreign agent. In order to hold public office, the candidate must file a true and complete registration statement with the State Attorney General as a foreign principle.
4. The Oath of Office requires the public official in his / her foreign state capacity to uphold the constitutional form of government or face consequences.
Title 10 USC, Sec. §333, “Interference with State and Federal law”
The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or (2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.
5. Such willful action, while serving in official capacity, violates Title 18 USC, Section §1918:
Title 18 USC, Section §1918 “Disloyalty and asserting the right to strike against the government”
Whoever violates the provision of 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—
(1) advocates the overthrow of our constitutional form of government; (2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
shall be fined under this title or imprisoned not more than one year and a day, or both.
and also deprives claimants of “honest services:
Title 18, Section §1346. Definition of “scheme or artifice to defraud”
“For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.
ISSUE TWO:
JUDGE SERVES AS A DEBT COLLECTOR
6. Judges hold public office under Title 28 USC, Chapter 176, Federal Debt Collection Procedure:
Title 28, Chapter 176, Federal Debt Collection Procedure, Section §3002
As used in this chapter:
(2) “Court” means any court created by the Congress of the United States, excluding the United States Tax Court. (3) “Debt” means—
(A) an amount that is owing to the United States on account of a direct loan, or loan insured or guaranteed, by the United States; or (B) an amount that is owing to the United States on account of a fee, duty, lease, rent, service, sale of real or personal property, overpayment, fine, assessment, penalty, restitution, damages, interest, tax, bail bond forfeiture, reimbursement, recovery of a cost incurred by the United States, or other source of indebtedness to the United States, but that is not owing under the terms of a contract originally entered into by only persons other than the United States;
(8) “Judgment” means a judgment, order, or decree entered in favor of the United States in a court and arising from a civil or criminal proceeding regarding a debt. (15) “United States” means—
(A) a Federal corporation; (B) an agency, department, commission, board, or other entity of the United States; or (C) an instrumentality of the United States.
Title 22 USC, Sec. §286. “Acceptance of membership by United States in International Monetary Fund,” states the following:
The President is hereby authorized to accept membership for the United States in the International Monetary Fund (hereinafter referred to as the “Fund”), and in the International Bank for Reconstruction and Development (hereinafter referred to as the “Bank”), provided for by the Articles of Agreement of the Fund and the Articles of Agreement of the Bank as set forth in the Final Act of the United Nations Monetary and Financial Conference dated July 22, 1944, and deposited in the archives of the Department of State.
8. Title 22 USC, Sec. § 286e-13, “Approval of fund pledge to sell gold to provide resources for Reserve Account of Enhanced Structural Adjustment Facility Trust,” states the following:
The Secretary of the Treasury is authorized to instruct the Fund’s pledge to sell, if needed, up to 3,000,000 ounces of the Fund’s gold, to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to a level that would be sufficient to meet obligations of the Trust payable to lenders which have made loans to the Loan Account of the Trust that have been used for the purpose of financing programs to Fund members previously in arrears to the Fund.
ISSUE THREE:
NO IMMUNITY UNDER “COMMERCE”
9. All immunity of the United States, and all liability of States, instrumentalities of States, and State officials have been waived under commerce, according to the following US Codes:
Title 15 USC, Commerce, Sec. §1122, “Liability of States, instrumentalities of States, and State officials”
(a) Waiver of sovereign immunity by the United States. The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation under this Act. (b) Waiver of sovereign immunity by States. Any State, instrumentality of a State or any officer or employee of a State or instrumentality of a State acting in his or her official capacity, shall not be immune, under the eleventh amendment of the Constitution of the United States or under any other doctrine of sovereign immunity, from suit in Federal court by any person, including any governmental or nongovernmental entity for any violation under this Act.
Title 42 USC, Sec. §12202, “State immunity”
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State
Title 42 USC, Sec. §2000d–7, “Civil rights remedies equalization”
(a) General provision
(1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance. (2) In a suit against a State for a violation of a statute referred to in paragraph (1), remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State.
10. The Administrative Procedure Act of 1946 gives immunity in Administrative Court to the Administrative Law Judge (ALJ) only when an action is brought by the people against a public, agency or corporate official / department. Under Title 5 USC, Commerce, public offices or officials can be sanctioned.
Title 5, USC, Sec. §551:
(10) “sanction” includes the whole or a part of an agency—
(A) prohibition, requirement, limitation, or other condition affecting the freedom of a person;(B) withholding of relief;(C) imposition of penalty or fine;(D) destruction, taking, seizure, or withholding of property;(E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees;(F) requirement, revocation, or suspension of a license; or
(G) taking other compulsory or restrictive action;
11. Justice is required to be BLIND while holding a SET OF SCALES and a TWO-EDGED SWORD. This symbolizes true justice. The Administrative Procedure Act of 1946 (60 stat 237) would allow the sword to cut in either direction and give the judge immunity by holding his own court office accountable for honest service fraud, obstruction of justice, false statements, malicious prosecution and fraud placed upon the court. Any willful intent to uncover the EYES OF JUSTICE or TILT THE SCALES is a willful intent to deny Due Process, which violates Title 18 USC §1346, “Scheme or Artifice to Defraud,” by perpetrating a scheme or artifice to deprive another of the intangible right of honest services. This is considered fraud and an overthrow of a constitutional form of government and the person depriving the honest service can be held accountable and face punishment under Title 18 USC and Title 42 USC and violates Title 28 USC judicial procedures.
12. Both Title 18 USC, Crime and Criminal Procedure, and Title 42 USC, Public Health and Welfare, allow the Petitioner to bring an action against the United States and/or the State agencies, departments, and employees for civil rights violations while dealing in commerce. Title 10 places all public officials under this Title10 section 333 while under a state of emergency. (Declare or undeclared War this fall under TWEA.)
ISSUE FOUR:
COURTS OPERATING UNDER WAR POWERS ACT
13. The Courts are operating under the Emergency War Powers Act. The country has been under a declared “state of emergency” for the past 70 years resulting in the Constitution being suspended (See Title 50 USC Appendix – Trading with the Enemy Act of 1917). The Courts have been misusing Title 50 USC, Sec. §23, “Jurisdiction of United States courts and judges,” which provides for criminal jurisdiction over an “enemy of the state,” whereas, Petitioner comes under Title 50 USC Appendix Application Sec. §21, “Claims of naturalized citizens as affected by expatriation” which states the following:
The claim of any naturalized American citizen under the provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] shall not be denied on the ground of any presumption of expatriation which has arisen against him, under the second sentence of section 2 of the Act entitled “An Act in reference to the expatriation of citizens and their protection abroad,” approved March 2, 1907, if he shall give satisfactory evidence to the President, or the court, as the case may be, of his uninterrupted loyalty to the United States during his absence, and that he has returned to the United States, or that he, although desiring to return, has been prevented from so returning by circumstances beyond his control.
14. 15 Statutes at Large, Chapter 249 (section 1), enacted July 27 1868, states the following:
PREAMBLE – Rights of American citizens in foreign states.
WHEREAS the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed.
SECTION I – Right of expatriation declared.
THEREFORE, Be it enacted by the Senate of the and House of Representatives of the United States of America in Congress assembled, That any declaration, instruction, opinion, order, or decision of any officers of this government which denies, restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government.
SECTION II – Protection to naturalized citizens in foreign states.
And it is further enacted, That all naturalized citizens of the United States, while in foreign states, shall be entitled to, and shall receive from this government, the same protection of persons and property that is accorded to native born citizens in like situations and circumstances. SECTION III – Release of citizens imprisoned by foreign governments to be demanded.
And it is further enacted, That whenever it shall be made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons for such imprisonment, and if it appears to be wrongful and in the violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, it shall be the duty of the President to use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate such release, and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress.
Approved, July 27, 1868
15. The Courts and the States are enforcing the following code on American nationals: Title 50 USC Appendix App, Trading, Act, Sec. §4, “Licenses to enemy or ally of enemy insurance or reinsurance companies; change of name; doing business in United States,” as a result of the passage of The Amendatory Act of March 9, 1933 to Title 50 USC, Trading with the Enemy Act Public Law No. 65-91 (40 Stat. L. 411) October 6, 1917. The original Trading with the Enemy Act excluded the people of the United States from being classified as the enemy when involved in transactions wholly within the United States. The Amendatory Act of March 9, 1933, however, included the people of the United States as the enemy, by incorporating the following language into the Trading With The Enemy Act: “by any person within the United States.” The abuses perpetrated upon the American people are the result of Title 50 USC, Trading With The Enemy Act, which turned the American people into “enemy of the state.”
I shall never feel guilty about posting a long comment again.
In short our laws crawl over the pages, like a can of worms turned over, on a hot July fishing trip.
My grandfather told me that if you were to find a honest man, and get him elected, that the system would corrupt him within six months.
Our system worked fine 100 years ago, when the state capitol was days away and Washington was weeks. Now we must move towards citizens voting directly on the bills and regulations voted on by our lawmakers.
This can easily be implemented by instructing the supervisor of elections in each county to install on their websites a place where registered voters can log in using their social security number and a password of their design, should be able to vote along with the lawmakers of their city, county, state, and federal lawmakers, and if 60% of the popular vote is against passage, it does not pass, at that time, but came be voted on again in 30 days giving the backers of the matter time to inform the public of its benefit. This alone would stop 90% of the corruption and influence of the new world order players.
So work for this new right. Organize flash mobs at mainstream media covered events. Get petitions signed to get the proposal on the ballot.
No vote is no freedom. Our elected leaders have sold out to multinational banksters and I propose that elected officials should be required to wear patches like NASCAR drivers showing who there sponsors are.
In short, work to secure the right of voters to vote on the issues, not just be given the right to vote for one of the bought off political parties.
Happy 4th of July, remember what it was.
i have reply to you because you are right on the money. and please dont worry about comments being long sometimes they must. see mine above i need help writing my county. we all thin including my husband whom isnt much into political stuff that pam bindi AG of florida was put in to office on purpose a straw man. we are in the worst crisis ever and someone with less experience then i have in nursing is top man in florida?????? so we all think it is stratejic move becuase she has no experience so she is not helping anyone in florida. all she does is pass what ever i write to wells fargo. i have 3 liar letters from them. why not listen, read what people are sending and investigate and people need to be arrested so be it. mortgage brokers , appraisers , loan underwriters are all involved. and yes i have been ranting for years about online voting. we need to also stop the congress from being lifers.
Hate to break the news but our constitution is suspended.. We are under marial law because of the National State of Emergency. And trading with the enemy act. Under Martial/military law you are guilty until proven innocent. That is why the judicial courts don’t recognize the constitution, also all flags have the gold fringe, u should research that too.. I just learned of this a few weeks ago… The courts see us as an enemy, under the trading with the enemy act which states Us citizens are enemies to foreign states… the United States is a foreign corporation under the united nations. Judges and govt officials gave up there us citizenship when they took oath..
The gold fringe stands for the SMOM/VATICAN/JESUITS A/K/A THE NEW WORLD ORDER. Damn, looks like WE THE PEOPLE need to throw ALL of these treasonist traitors in PRISON, MAYBE RIKER’S ISLAND WHERE THEY THREW STRAUSS KAHN. Doesn’t the U.S CONSTITUTION PROTECT US FROM BEING overthrown by a TREASONIST GOVERNMENT THAT IS OPPRESSING ITS OWN PEOPLE ?? Wake Up America. The real terrorists are hiding from within.
I vent…I have always said the real terrorists are right here…that is why HomeLand Security has been silent….the lie told to the citizens as…. HLS was to protect America from attack. When we starting screaming America was been attack by the multinational banksters…and the frauds were flying. in all directions…we heard only slience from HLS. I guess..and it is a guess.. HLS was formed to attack if we ‘ tried anything ‘…not another country. Doesn’t that add more to the corruption of the gov’t? And I also believed that the U.S. Constitution was to protect us from being overthrown by a treasonist gov’t. At this moment I am not sure where I learned this..maybe on the back of a cereal box…..
For years now the government has lied so much that it is very hard to even state one item of truth…. and this goes back years before 9/11…I also wonder what Constitution Obama is governing under….I thought I had read that OBama and CONgress did not even recognize the U.S. Constitution….or recognize anything when the immigration issue was running full force with Mexico….So….is this a tyrannical government or what? What the hell are we dealing with….this sounds like a cult of some sort….especially with the Bush’s skull and bones….this is so sick and disgusting.
JADEGREEN..When you say the U.S. Constitution is suspended….Do you mean temporarily? I take the word suspended meaning that. If I am correct on that…..temporarily till what or when…then what????? I also must say using the foreign word does confuse me…the gov’t. is foreign…the courts look at us as foreign…if the gov’t is foreign than the courts are foreign…..the State gov’t. is foreign…….OK…I give up…its now 5AM….at this point if all are foreign let’s kick them out of this country…..they have no right being here…I may have just solved our problems. Just some humor in the wee hours of the morning…..
jade have your heard about the fact that when we were born our lives were bonded sold off for money. some guy keith told me. each person is worth about 6 million. he was saying something to the fact we all have 6 million dollar credit to our lives that all we have to do is write the fed and ask for the money. that none of us are in debt. they keep this a secret to keep us paying. but the money on our lives, our bond is ours to collect. i do not know how much i beleive or understand. but if this is also being kept from us, those of us in the middle class may not have any debt and we need find away to get our moeny and get our lives back.
WHAT???????? DO YOU EVEN KNOW THIS GUY KEITH? Did you ask him where this info came from ?? Sounds far out …but today itself sounds far out. Is that dead or alive…maybe it’s a credit to someone we don’t trust…maybe a bounty on each of us. It really isn’t funny…cause Hitler’s men fooled the Jews to follow them and look what happened. AND..it’s the middle class people they want to destroy….so go for the 6 million and ask for it and they will take you to a FEMA CAMP….. No thanks…I will let you go first…..good manners. If you get 6 million..leave a comment so the word can spread.
The banksters own our Congress and out White House.. The only thing we can do to save this Country is to vote every single incumbent out of office. I don’t care if you love them, or you hate them.
We have to buy time by getting a “clean” slate of Senators, a “clean” slate in the White House. We must create a movement to ditch every single incumbent !!!!!!
We must again show the People have the power… This is our Government… and ditch every single incumbent as soon as possible !!!!
Watch the bankster crooks take notice then… I bet you’ll see a moratorium on foreclosure and every other organized crime effort they and the current government with to undertake.
Diane, The banksters are the perps who work for the U.N./NEW WORLD ORDER/SMOM//Vatican/Jesuits. The banksters have been the robberbarons for the them all through history. The Repub/Dem paradigm is corrupt and broken. We The People have let our guard down way to long and now we have a huge fight on our hands to restore power to the people.
you have made a HUGE difference, michael.
thank you.
Obama did say it publicly, Many people are in this terrible economic situtation through no fault of their own. He knows Constitutional Law. This is a manufactured economic crisis that none of us have any control over and we need to seek protection under the U.S. CONSTITUTION AND THE U.S. BILL OF RIGHTS. The same Nazi’s that manufactured the last Great Depression have done it yet again and have been planning this outcome for many years. Robert Shear who wrote the book, The Great Stick-Up of America was on Michael Medved last summer and said that we need at least a 10 year moratorium on foreclosures to get to the bottom of this mess. The playing field needs to be leveled for homeowners who have been left intentionally weakened monetarily. We are unable to find an attorney who will fight for our rights because there is so much corruption we can trust no one. This Foreign Multinational tyranny hiding behind the scenes of this are out to bankrupt and own America. This is our Country and they can’t have it.
The U.S. Government IS ALLOWING the FOREIGN NAZI TYRANNY, A/K/A THE NEW WORLD ORDER do this to AMERICA!!! WHERE IS THE OUTRAGE?? Many have no idea how many homes and jobs are being stolen away from WE THE PEOPLE everyday. Better wake up the sheeple because the media NEVER will. This is strategic NAZI/NEITSCHE CLASS WARFARE. This FOREIGN MULTINATIONAL NEW WORLD ORDER TYRANNY IS STEALING OUR COUNTRY RIGHT OUT FROM UNDERNEATH THE NOSES OF THE AMERICAN PEOPLE AND THESE CORRUPT AND TREASONIST POLITICIANS ARE DOING NOTHING, THEY ARE ALLOWING THIS. ONE DAY SOON WE WILL ALL WAKE UP HOMELESS AND POOR IN THE LAND OUR FATHERS CONQUERED. WE WERE WARNED. WE WILL BE RENTING OUR OWN HOMES FROM THAT SAME TYRANNY WHO STOLE THEM AND EVERYTHING FROM US. OR WORSE, WE WILL BE LIVING IN A FREAKING TENT AND THE FOREIGNERS WILL BE LIVING IN OUR HO– USES.THE FREAKING INVESTORS?? F—-THE FOREIGN INVESTORS. THOSE FOREIGNERS SHOULD HAVE NEVER BEEN ALLOWED TO INVEST IN OUR HOMES. THAT WAS TREASON BY OUR OWN GOVERNMENT. CHINA DOES NOT EVEN ALLOW THAT FOR THE LOVE OF GOD, YOU CAN GO TO PRISON IN CHINA FOR THAT. WHAT THIS GOVERNMENT DID IS UNCONSTITUTIONAL AND ILLEGAL. RESCIND..
AND TREASONIST……..RESCIND!!!!!!!!!
in florida they want to charge over 3k per year drag along the foreclosure just to lose the house anyway. they speak mod language but no true foreclosure defense. i am sickened
hello
this has all happened before in history. hitler did the same thing in germany and it was the courts and the chief judge of the german high court that allowed all of it to happen.
the point is that this whole mess would not have occurred without the cooperation of the state and federal courts. this happened in germany in the process of taking all the money and property from the citizens who owned it in germany.
now if you get the point. we are at the tipping point as a country . are we going to go back to higher standard of ethics in the judiciary executive and legislative branches of state and fedeal governments, i.e, civil rights and equal protection of the law and the U.S. Constitution
or
are we all going to go live in the sewer where we are not when it comes to tolerating and putting up with this CONTROL FREAK society that worships billionaires and makes them our leaders.
I for one choose a higher standard and that includes the removal of money from the political equation for now all we have is a system based on bribery to get what one wants.
like I said we are at the tipping point.
in less than fifty years there are going to be over 600 million americans . if it is this bad now
can you imagine it gettting worse with that many people.
we will have the grand distinction of making Hitler look like a kindergarden cop when it comes to greed, corruption and lack of respect by the highest leaders in the land for basic human justice.
image road rage when there over 600 million people in the lower 48.
if wer dont get it right now those unborn in the near future may be having a very rough time.
watch the movie escape from l.a. with kurt russell. big message there in that movie.
best regards
David b
the only solution to this is more people write more letters to washington complaining and write as if they know what they are talking about. these bad people count on nobody knows and nobody understands and nobody cares. that dictum has been the mantra for all bad people to hide in a democracy and do their thing to steal and wreak economic ruin on everyone but them for thousands of years.
The Courts are all ran by the politicians in Washington. No matter what kind of case you have and you think it it is a sure win and it is against todays rich people and politicians you will lose it.