OAKLAND COUNTY, ET AL.,
Plaintiffs,
vs
FEDERAL HOUSING FINANCE AGENCY
AS CONSERVATOR FOR FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND
FEDERAL HOME LOAN MORTGAGE COMPANY;
FEDERAL NATIONAL MORTGAGE ASSOCIATION;
AND FEDERAL HOME LOAN MORTGAGE COMPANY,
Defendants.
________________________________/
ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND
DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Excerpts
D. An Exemption from All Taxation Covers Only Direct Taxes, Not Excise Taxes
Plaintiffs rely upon the Supreme Court’s decision in Wells Fargo for the
proposition that an exemption from “all taxation” does not cover excise taxes such as
the Michigan Transfer Taxes. 485 U.S. 351. Plaintiffs say that Wells Fargo made clear
that an exemption from all taxation covers only direct taxes, not excise taxes. The
Court agrees.
In Wells Fargo, the Supreme Court considered whether certain items of personal
property–“Project Notes”–were exempt from the federal estate tax. In the late 1930s,
Congress passed the Housing Act, 50 Stat. 888 et seq., which empowered state and
local governments to issue tax-free obligations called Project Notes to finance housing
projects. 485 U.S. at 353. Congress provided that “[Project Notes], including interest
thereon, . . . shall be exempt from all taxation now or hereafter imposed by the United
States.” Id. at 355. Discussing the exemption, the Supreme Court stated:
Well before the Housing Act was passed, an exemption of property from all
taxation had an understood meaning: the property was exempt from direct
taxation, but certain privileges of ownership, such as the right to transfer the
property, could be taxed. Underlying this doctrine is the distinction between an
excise tax, which is levied upon the use or transfer of property . . . and a tax
levied upon the property itself. The former has historically been permitted even
where the latter has been constitutionally or statutorily forbidden. Id.
After reviewing the case law, the Supreme Court held that the exemption from all
taxation did not exempt the Project Notes from excise taxes such as the estate tax. The
Court noted that where Congress had, on other occasions, exempted property from
estate taxation, it generally referred specifically to the estate tax rather than to “all
taxation.” Id. at 356.
In reaching its conclusion, the Court reviewed over eighty years of Supreme
Court case law holding that excise taxes have historically been permitted, even when
tax on the property has been forbidden.
…
IV. CONCLUSION
In the end, this case turns on a single question: whether a statutory exemption
from “all taxation” includes excise taxes such as the Michigan Transfer Taxes. Wells
Fargo dictates that it does not. Accordingly, the Enterprises are liable for the Transfer
Taxes.
Plaintiffs’ and State Plaintiff’s motion for summary judgment is GRANTED.
Defendants’ motion is DENIED. The issue of damages remains.
IT IS ORDERED.
Full order below…
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4closureFraud.org
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OAKLAND COUNTY, ET AL., vs FEDERAL HOUSING FINANCE AGENCY
I believe you’re right Vent. They cannot make carots out of carot juice. The jig is up. Once they seciritized the loan it became NULL & VOID. How can you transfer something that no longer exists. I always figured it would all go back to taxes (or should I say back taxes). Follow the money, (and the IRS). That is after all how they finially got organized crime in CHG.). Their greed was working faster then their book cookers could keep up with. No one has really been aduted, I mean really aduted only small samples, up to now. Our homes have been paid in full many x’s over. Inretrospect they have been doing this for a very long time, illegally. And then there’s that pesky “ART 1 PARA 10 CL 1″ A BANK CANNOT LEND IT’S CREDIT, A BANK CAN ONLY LEND IT’S MONEY”. The Doctine of Ultra Vires, “A most powerful weapon to keep corporations within leagal speres and to punish them for violation of ther Corporate Charter and it is probably is not ivoked TOO often”-Justice Marshall. Notice when it’s comes down to an audit, the case is settled without little sunshine on the books. It’s just a matter of time till __it hits the fan @ high speed. I just hope before these people buying up forclosesure get a title search and not get too comfortable in their newly stolen home! The real homeowner will be back to claim their rightful real property.
I agree Ali.. The banks only argument is you signed that contract..! The deceptions are massive or more massive than the original crime. The truth is that what the banks really have is a fraudulently induced contract because they never lent us any money.
Maybe the jig is finally up and they are all getting caught up with? I sure hope so…!
What’s this? Justice? Amazing. As for my county….
Can’t wait till the cash strapped county clerks get a copy of that opinion. I presume it is MERS related. There are millions if not billions in avoided excise tax that the clerks of court and county money managers can go back and collect. Let’s collect for every transfer, from initial lender, to depositor, to trustee, to …..or if not secured from new bank when old bank was acquired…. to new bank when old bank went bust…. and final transfer from whom ever was the real holder to the foreclosing party.
Every American is cashed strapped because of the Quadriillion dollars of fraud that was committed in ALL of our names.. The banks must rescind clear title back to the American People on everything and pray for forgiveness…!