HAVE YOU BEEN DEFRAUDED ON YOUR MORTGAGE ......UNDERSTAND WHY YOU CAN CHALLENGE AND WIN. Forwarded...
Transcript of HAVE YOU BEEN DEFRAUDED ON YOUR MORTGAGE ......UNDERSTAND WHY YOU CAN CHALLENGE AND WIN. Forwarded...
HAVE YOU BEEN DEFRAUDED ON YOUR MORTGAGE?
WHERE DOES THE MORTGAGE “BANKSTER” FRAUD BEGIN?
ASSEMBLED FROM SEVERAL WEB MANUSCRIPTS –
UNDERSTAND WHY YOU CAN CHALLENGE AND WIN.
Forwarded to you by the mortgage debt solution team at:
www.livingfreeandclear.com
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This document is meant to take the reader down a road they have likely never traveled.
This is a layman’s explanation of what has been happening in this country that most have
no idea or inkling of. It is intended to give the reader an overview of a systemic Fraud in
this country that has reached epic proportions and provoke action to eradicate this
scourge that has descended upon the people of America. Depending on what your
situation is, you may react with disbelief, fear, anger or outright disgust at what you are
about to learn. The following information is supported with facts, exhibits, law and is
not mere opinion.
But don’t take our word for it… We were warned.
Here is one of the biggest fool presidents in history did to us, in his own words…he is the one who started this “progressive style of government that has led to this trap of social
welfare that is breaking our backs now.
“I have unwittingly ruined my country... We have come to be one of the worst ruled, one of the most completely controlled and dominated governments in the civilized world. No longer a government by free opinion, no longer a government by conviction and the vote of the majority, but a government by the opinion and duress of a small group of dominant men.” -- President, Woodrow Wilson "Most Americans have no real understanding of the operation of the international money lenders. The accounts of the Federal Reserve System have never been audited. It operates outside the control of Congress and manipulates the credit of the United States" -- Sen. Barry Goldwater (Rep. AR) "The financial system has been turned over to the Federal Reserve Board. That Board administers the finance system by authority of a purely profiteering group. The system is Private, conducted for the sole purpose of obtaining the greatest possible profits from the use of other people's money" -- Charles A. Lindbergh Sr., 1923 "....You are a den of vipers. I intend to wipe you out, and by the Eternal God I will rout you out...If people only understood the rank injustice of the money and banking system, there would be a revolution by morning." -- Andrew Jackson "The Federal Reserve bank buys government bonds without one penny..." -- Congressman Wright Patman, Congressional Record, Sept 30, 1941
"We have, in this country, one of the most corrupt institutions the world has ever known. I refer to the Federal Reserve Board. This evil institution has impoverished the people of the United States and has practically bankrupted our government. It has done this through the corrupt practices of the moneyed vul- tures who control it". -- Congressman Louis T. McFadden in 1932 (Rep. Pa) "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell "Neither paper currency nor deposits have value as commodities, intrinsically, a 'dollar' bill is just a piece of paper. Deposits are merely book entries." -- Modern Money Mechanics Workbook, Federal Reserve Bank of Chicago, 1975 "The Federal Reserve system pays the U.S. Treasury 020.60 per thousand notes --a little over 2 cents each-- without regard to the face value of the note. Federal Reserve Notes, incidently, are the ONLY type of currency now produced for circulation. They are printed exclusively by the Treasury's Bureau of Engraving and Printing, and the $20.60 per thousand price reflects the Bureau's full cost of production. Federal Reserve Notes are printed in 01, 02, 05, 10, 20, 50, and 100 dollar denominations only; notes of 500, 1000, 5000, and 10,000 denominations were last printed in 1945." --Donald J. Winn, Assistant to the Board of Governors of the Federal Reserve system "The regional Federal Reserve banks are not government agencies. ...but are independent, privately owned and locally controlled corporations." -- Lewis vs. United States, 680 F. 2d 1239 9th Circuit 1982 "The few who understand the system, will either be so interested from it's profits or so dependant on it's favors, that there will be no opposition from that class." – Rothschild Brothers of London, 1863 (One of the Banks’ owners) "Give me control of a nation's money and I care not who makes it's laws" -- Mayer Amschel Bauer Rothschild (One of bank owners that make the Federal Reserved Banks)
"Banks lend by creating credit. They create the means of payment out of nothing" -- Ralph M. Hawtrey, Secretary of the British Treasury "It is well that the people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning." -- Henry Ford "Banking was conceived in iniquity and was born in sin. The Bankers own the earth. Take it away from them, but leave them the power to create deposits, and with the flick of the pen they will create enough deposits to buy it back again. However, take it away from them, and all the great fortunes like mine will disappear and they ought to disappear, for this would be a happier and better world to live in. But, if you wish to remain the slaves of Bankers and pay the cost of your own slavery, let them continue to create deposits". - --- SIR JOSIAH STAMP,(President of the Bank of England in the 1920's, the second richest man in Britain).
Let’s start our journey of discovery with the purchase of a home and subsequent steps in
the financial process through the life of the “mortgage loan”. It all starts at the “closing”
where we gather with other people that are “involved” in the process to sign the
documents to purchase our new home. Do we really know what goes on at the closing?
Are we ever told who all the participants are in that entire process? Are we truly given
“full disclosure” of all the various aspects of that entire transaction regarding what, for
most people, is the single largest purchase they will make in their entire life?
Let’s start with the very first part of the transaction. We have a virtual stack of papers
placed in front of us and we are instructed where we are supposed to start signing or
initialing on those “closing documents”. There seems to be so many different documents
with enough legal language that we could read for hours just to get through them the first
time, much less begin to fully understand them. Are we given a copy of all these
documents at least 7 days prior to the closing so we can read and study these documents
so we fully understand what it is that we are signing and agreeing to? That has never
happened for the average consumer and purchaser of a property in the last 30 years or
more if it ever has at all.
WHY? We have a stack of documents placed before us at the “closing” that we haven’t
ever seen before and are instructed where to sign or initial to complete the transaction and
“get our new home”. We depend on the real estate agent, in most cases, to bring the
parties together at the closing after we have supplied enough financial data and other
requested information so that the “lender” can determine whether we can qualify for our
“loan”. Obviously we have the “three day right of rescission” but do we really stop to
read all the documents after we have just purchased our home and want to move in? Is
the thought that there might be something wrong with what we have just signed a primary
thought in our mind at that time? Did we trust the people involved in the transaction? Are
we naturally focusing on getting moved into our new home and getting settled with our
family?
Who are the players involved in the transaction from the perspective of the consumer
purchasing a property and signing a “Mortgage Note” and “Deed” or similar “Security
Instrument” at the closing? There is, of course, the seller, the real estate agent(s), title
insurance company, property appraiser who is supposed to properly determine the value
of the property, and the most obvious one being who we believe to be “the lender” in the
transaction. We are led, by all involved, to believe that we are, in fact, borrowing money
from the “lender” which is then paid to the current owner of the property as
compensation for them relinquishing any “claim of ownership” to the property and
transferring that “claim of ownership” to us as the purchaser. It all seems so simple and
clear on its face and then the transaction is completed. After the “closing” everyone is all
smiles and you believe you have a new home and have to repay the “lender”, over a
period of years, the money which you believe you have “borrowed”.
IS THERE SOMETHING WE DON’T KNOW – WHY WEREN’T WE TAUGHT
THIS (ASK WHO CONTROLS THE MONEY THAT CONTROLS THE MEDIA
AND EDUCATIONS SYSTEMS)?
Everything appears to be relatively simple and straightforward but is that really the case?
Could it be that there are other players involved in this whole transaction that we know
nothing about that have a very substantial financial interest in what has just occurred?
Could it be that those players that we are totally unaware of have somehow used us
without our knowledge or consent to secure a spectacular financial gain for themselves
with absolutely no investment or risk to themselves whatsoever? Could it be that there is
a hidden aspect of this whole transaction that is “standard operating procedure” in an
industry where this hidden “aspect of a transaction” occurs every single banking day
across this country and beyond? Could it be that this hidden “aspect of a transaction” is a
deliberate process to unjustly enrich certain individuals and entities at the expense of the
public as a whole? Could it be that there was not full disclosure of the “true nature” of the
transaction as it actually occurred which is required for a contract to be valid and
enforceable?
THE DOCUMENTS INVOLVED IN THE CON
The two most important and valuable documents that are signed at a closing are the
“Note” and the “Deed” in various forms. When looking at the definition of a “Mortgage
Note” it is obvious that it is a “Security Instrument”. It is a promise to pay made by the
maker of that “Note”. When looking at a copy of a “Deed of Trust” such as the attached
Exhibit “A”, which is a template of a Tennessee “Deed of Trust” form that is directly
from the freddiemac.com website, it is very obvious that this document is also a “Security
Instrument”. This is a template that is used for MOST government purchased loans. You
will note that the words “Security Instrument” are mentioned no less than 90 times in that
document. Is there ANY doubt it is a “Security”? When at the closing, the “borrower” is
led to believe that the “Mortgage Note” that he signs is a document that binds him to
make repayment of “money” that the “lender” is loaning him to purchase the property he
is acquiring. Is there disclosure to the “borrower” to the effect that the “lender” is not
really loaning any of their money to the “borrower” and therefore is taking no risk
whatsoever in the transaction? Is it disclosed to the “borrower” that according to
FEDERAL LAW, banks are not allowed to loan credit and are also not allowed to loan
their own or their depositor’s money? If that is the case, then how could this transaction
possibly take place? Where does the money come from? Is there really any money to be
loaned? The answer to this last question is a resounding NO! Most people are not aware
that there has been no lawful money since the bankruptcy of the United States in 1933.
Since House Joint Resolution 192 (HJR 192) (Public law 73-10) was passed in 1933 we
have only had debt, because all property and gold was seized by the government as
collateral in the bankruptcy of the United States. Most people today would think they
have money in their hand when they pull something out of their pocket and look at the
paper that is circulated by the banks that they have been told is “money”. In reality they
are looking at a “Federal Reserve Note” which is stated right on the face of the piece of
paper we have come to know as “money”. It is NOT really “money”, it is debt, a promise
to pay made by the United States! If you take a “Federal Reserve Note” showing a value
of ten dollars and buy something, you are then making a purchase with a “Note” (a
promise to pay). There is absolutely no gold or silver backing the Federal Reserve Notes
that we refer to as “money” today. When you sit down at the closing table to complete the
transaction to purchase your home aren’t you tendering a “Note” with your signature
which would be considered money?
That is exactly what you are doing. A “Note” is money in our monetary system today!
You can deposit the “Federal Reserve Note” (a promise to pay) with a denomination of
$10 at the bank and they will credit your account in that same amount. Why is it that
when you tender your “Note” at the closing that they don’t tell you that your home is paid
for right on the spot? The fact is that it IS PAID FOR ON THE SPOT. Your signature on
a “Note” makes that “Note” money in the amount that is stated on the “Note”! Was this
disclosed to you at the “closing” in either verbal or written form? Could this be the place
where the other players come into the transaction at or near the time of closing? What
happens to the “Note” (promise to pay) that you sign at the closing table? Do they put it
in their vault for safe keeping as evidence of a debt that you owe them as you are led to
believe? Do they return that note to you if you pay off your mortgage in 5, 10 or 20
years? Do they disclose to you that they do anything other than put it away for safe
keeping once it is in their possession?
WHAT ACTUALLY HAPPENS TO THE SO CALLED “NOTE”?
Unknown to almost everyone, there is something VERY different that happens with your
“Mortgage Note” immediately after closing. Your “Mortgage Note” is endorsed and
deposited in the bank as a check and becomes “MONEY”! See attached (Exhibit “B”
para 13) The document that you just gave the bank with your signature on it, that you
believe is a promise to pay them for money loaned to you, has just been converted to
money in THEIR ACCOUNT. You just gave the “lender” the exact dollar value of what
they said they just loaned you! Who is the REAL creditor in this “Closing Transaction”?
Who really loaned who anything of value or any money? You actually just paid for your
own home with your promissory “Mortgage Note” that you gave the bank and the bank
gave you what in return? NOTHING!!! For any contract to be valid there must be
consideration given by both parties. But don’t they tell you that you must now pay back
the “Loan” that they have made to you?
How can it be that you could just write a “Note” and pay for your home?
WHAT IS REAL MONEY?
This leads us back to the bankruptcy of the United States in 1933. When FDR and
Congress took all the property and gold from the people in 1933 they had to give
something in return for that confiscation of property. See attached (Exhibit “B” para 6)
What the people got in return was the promise that all of their needs would be met by the
government because the assets and the labor of the people were collateral for the debt of
the United States in the bankruptcy. All of their debts would be “discharged”. This was
done without the consent of the people of America and was an act of Treason by
President Franklin Delano Roosevelt. The problem comes in where they never told us
how we could accomplish that discharge and have what we were entitled to after the
bankruptcy.
Why has this never been taught in the schools in this country?
Could it be that it would expose the biggest fraud in the history of this entire country and
in the world? If the public is purposely not educated about certain things then certain
individuals and entities can take full financial advantage of virtually the entire
population. Isn’t this “selective education” more like “indoctrination”? Could this be
what has happened?
In Fina Supply, Inc. v. Abilene Nat. Bank, 726 S.W.2d 537, 1987 it says “Party having
superior knowledge who takes advantage of another's ignorance of the law to deceive him
by studied concealment or misrepresentation can be held responsible for that conduct.”
Does this mean that if there are people with superior knowledge as a party in this “Loan
Transaction” that take advantage of the “ignorance of the law”, (through indoctrination)
of the public to unjustly enrich themselves, that they can be held responsible? Can they
be held responsible in only a civil manner or is there a more serious accountability that
falls into the category of criminal conduct?
It is well established law that Fraud vitiates (makes void) any contract that arises from
it. Does this mean that this intentional “lack of disclosure” of the true nature of the
contract we have entered into is Fraud and would make the mortgage contract void on its
face?
Could it be that the Fraud could actually be “studied concealment or misrepresentation”
that makes those involved in the act responsible and accountable? What happens to the
“Note” once it is deposited in the bank and is converted to “money”? Are there different
kinds of money? There is money of exchange and money of account. They are two very
different things. See attached (Exhibit “B” para 11), Affidavit of Expert Witness Walker
Todd. Walker Todd explains in his expert witness affidavit that the banks actually do
convert signatures into money.
The definition of “money” according to the Uniform Commercial Code: "Money" means
a medium of exchange authorized or adopted by a domestic or foreign government and
includes a monetary unit of account established by an intergovernmental organization or
by agreement between two or more nations. Money can actually be in different forms
other than what we are accustomed to thinking.
When you sign your name on a promissory note it becomes money whether you are
talking a mortgage note or a credit card application! Did the bankers ever “disclose”
this to us? Were we ever taught anything about this in the school system in this country?
Could it be that this whole idea of being able to convert our signature to money is a
“studied concealment” or “misrepresentation” where those involved become responsible
if we are harmed by their actions? What happens if you have signed a “Mortgage Note”
and already paid for your home and they come at a later date and foreclose and take it
from you? Would you consider yourself to be harmed in any way? We will bring this up
again very shortly but we need to look at the other document that is signed at the
“closing” that is of great significance.
THE DEED OF TRUST DECEPTION (SLIDE OF HAND)
Why do we need a Deed of Trust? What exactly IS a Deed of Trust or other similar
“Security Instrument”? It spells out all the details of the contract that you are signing at
the “closing”, including such things as insurance requirements, preservation and
maintenance and all of the financial details of how, when, where and why you are going
to make payments to the “lender” for years and years. Wait a minute!!!!! Make payments
to the “lender”???? Why do you have to make payments to the “lender”??? Didn’t we just
establish the fact that your house was paid for by YOU, with your “Mortgage Note” that
is converted to money by THE BANK DEPOSITING IT? Is there something wrong with
this picture? We have just paid for our “home” but now we are told we have to sign a
Deed of Trust or similar “Security Instrument” that binds us to pay the “lender” back?
Pay the “lender” back for what? Did they loan us any money?
Remember the part about banks not being able to loan “their or their depositors money”
under FEDERAL LAW? What about: “In the federal courts, it is well established that a
national bank has no power to lend its credit to another by becoming surety, indorser, or
guarantor for him.” Farmers and Miners Bank v. Bluefield Nat ‘l Bank, 11 F 2d 83, 271
U.S. 669; “A national bank has no power to lend its credit to any person or corporation.”
Bowen v. Needles Nat. Bank, 94 F 925, 36 CCA 553, certiorari denied in 20 S.Ct 1024,
176 US 682, 44 LED 637?
What is happening here with this “Deed of Trust” or similar “Security Instrument” that
says we have to pay all this money back and if we don’t, they can foreclose and take our
home? Why do we have to have this kind of agreement when we have already paid
for our home through our “Mortgage Note” which was converted to money BY
THE BANK? Could this possibly be another example of “studied concealment or
misrepresentation” where those involved could be held accountable for their conduct?
What happens to this Deed of Trust or similar “Security Instrument” after we sign it?
Where does it go? Does it go into the vault for safekeeping like we might think? See
attached Exhibit “C” for substantially more information.
WHO ARE THE OTHER PLAYERS?
We have already found out that the “Note” doesn’t go into the vault for safe keeping but
instead is deposited into an account at the bank and becomes money. Where does the
Note go then? This is where things get VERY interesting because your “Mortgage Note”
is then used to access your Treasury Account (that you know nothing about) and get
credit in the amount of your “Mortgage Note” from your “Prepaid Treasury Account”.
If they process the “Note” and get paid for it then they have received the funds from
YOUR account at Treasury to pay for YOUR home correct? They then turn around and
bundle the “Note” and sell it to investors on Wall Street and get paid again! Now let’s see
what happens to the “Deed of Trust” or similar “Security Instrument” after you have
signed it. You may be quite surprised to know that not only does it not go into
“safekeeping” it is immediately SOLD as an INVESTMENT SECURITY to one of any
number of investors tied to Wall Street. There is a ready, and waiting, market for all of
the “mortgage paper” that is produced by the banks. What happens is the “Deed of Trust”
or other similar “Security Instrument” is bundled and SOLD to a buyer and the BANK
GETS PAID FOR THE VALUE OF THE MORTGAGE AGAIN!!
Haven’t the bankers just transferred any risk on that mortgage to someone else and they
have their money? That is a pretty slick way of doing things! They ALWAYS get their
money right away and everyone else connected to the transaction has the liabilities! Is
there something wrong with THIS picture? How can it possibly be that the bank has now
been paid three times in the amount of your “purported” mortgage? How is it that you
still have to pay years and years on this “purported” loan? Was any of this disclosed to
you before you signed the “Deed of Trust” or other similar “Security Instrument”? Would
you have signed ANY of those documents including the “Mortgage Note” if you knew
that this is what was actually happening? Do you think there were any “copies” of the
“Mortgage Note” and “Deed of Trust” or other similar “Security Instrument” made
during this process? Are those “copies” just for the records to be put in a file somewhere
or is there another purpose for them?
CAN REPRODUCING A NOTE OR DEED OF TRUST BE DEEMED ILLEGAL?
We have already established that the “Mortgage Note” and the “Deed of Trust” or other
similar “Security Instrument” are “Securities” by definition under the law. Securities are
regulated by the Securities and Exchange Commission which is an agency of the Federal
Government. There are very strict regulations about what can and cannot be done with
“Securities”. There are very strict regulations that apply to the reproduction or
“copying” of “Securities”:
The Counterfeit Detection Act of 1992, Public Law 102-‐550, in Section 411 of Title 31
of the Code of Federal Regulations, permits color illustrations of U.S. currency provided:
· The illustration is of a size less than three-‐fourths or more than one and one-‐ half, in
linear dimension, of each part of the item illustrated
· The illustration is one-‐sided
All negatives, plates, positives, digitized storage medium, graphic files, magnetic
medium, optical storage devices, and any other thing used in the making of the
illustration that contain an image of the illustration or any part thereof are destroyed
and/or deleted or erased after their final use
Other Obligations and Securities
· Photographic or other likenesses of other United States obligations and securities
and foreign currencies are permissible for any non-‐fraudulent purpose, provided the items
are reproduced in black and white and are less than three-‐quarters or greater than
one-‐and-‐one-‐half times the size, in linear dimension, of any part of the original item
being reproduced. Negatives and plates used in making the likenesses must be destroyed
after their use for the purpose for which they were made.
Plates, stones, or analog, digital, or electronic images for counterfeiting obligations or
securities
Are these regulations always adhered to by the “lender” when they have possession of
these “original” SECURITIES and make reproductions of them before they are “sold to
investors? How much has been in the media in the past 2 years about people demanding
to see the “wet ink signature Note” when there is a foreclosure action initiated against
them? You hear it all the time. Why is that such a big issue? Shouldn’t the “lender” be
able to just bring the “Note” and the “Deed of Trust” or similar “Security Instrument” to
the Court and show that they have the original Title 18 USC § 472 Uttering counterfeit
obligations or securities.
Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to
pass, utter, publish, or sell, or with like intent brings into the United States or keeps
in possession or conceals any falsely made, forged, counterfeited, or altered
obligation or other security of the United States, shall be fined under this title or
imprisoned not more than 20 years, or both. Title 18 USC § 473 Dealing in counterfeit
obligations or securities
Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged,
counterfeited, or altered obligation or other security of the United States, with the
intent that the same be passed, published, or used as true and genuine, shall be fined
under this title or imprisoned not more than 20 years, or both.
Title 18 USC § 474
Whoever, with intent to defraud, makes, executes, acquires, scans, captures, records,
receives, transmits, reproduces, sells, or has in such person’s control, custody, or
possession, an analog, digital, or electronic image of any obligation or other security
of the United States is guilty of a class B felony.
Ask the alleged lender about their documents and are they really “holder in due course”
and therefore have a legal right to foreclose? To foreclose they must have BOTH the
“Mortgage Note” and “Deed of Trust” or other similar “Security Instrument” ORIGINAL
DOCUMENTS in their possession at the time the foreclosure action is initiated.
Furthermore, IS there a real honest to goodness obligation to be collected on?
Why is it that there is such a problem with “lost Mortgage Notes” as is claimed by
numerous lenders that are trying to foreclose today? How could it be that there could be
so many “lost” documents all of a sudden? Could it be that the documents weren’t really
lost at all, but were actually turned into a source of revenue that was never disclosed as
being a part of the transaction? To believe that so many “original” documents could be
legitimately “lost” in such a short period of time stretches the credibility of such claims
beyond belief. Could this be the reason that MERS (Mortgage Electronic Registration
Systems) was formed in the 1990’s as a way to supposedly “transfer ownership of a
mortgage” without having to have the “original documents” that would be required to be
presented to the various county recorders?
Could it be they KNEW THEY WOULDN’T HAVE THE ORIGINAL DOCUMENTS
FOR RECORDING and had to devise a system to get around that requirement? When the
foreclosure action is filed in the court the attorney for the purported “party of interest”,
usually the “lender” who is foreclosing, files a “COPY” of the “Deed of Trust” or similar
“Investment Security” with the Complaint to begin foreclosure proceedings. Is that
“COPY” of the “Security Instrument” within the “regulations” of Federal Law under 18
U.S.C. § 474? Is it usually the same size or very nearly the same size as the original
document? Yes it is and without question it is a COUNTERFEIT SECURITY!
WHO ARE THE PLAYERS IN THIS GAME?
Who was it that produced that COUNTERFEIT SECURITY? Who was involved in
taking that COUNTERFEIT SECURITY to the Court to file the foreclosure action? Who
is it that is now legally in possession of that COUNTERFEIT SECURITY? Has everyone
from the original “lender” down to the Clerk of the Court where the foreclosure is now
being litigated been in possession or is currently in possession of that COUNTERFEIT
SECURITY? What about the Trustees who are involved in the process of selling
foreclosed properties in non- judicial states? What about the fact that there is no judicial
proceeding in those states where the documentation purported to be legal and proper to
bring a foreclosure action can be verified without expensive litigation by the alleged
“borrower”? All the trustee has to do is send a letter to the alleged “borrower” stating
they are in default and can sell their property at public auction. It is just ASSUMED that
they have the “ORIGINAL” documents in their possession as required by law. In reality,
in almost every situation, they do NOT!!! They are using a COUNTERFEIT SECURITY
as the basis to foreclose on a property that was paid for by the person who signed the
“Mortgage Note” at the closing table that was converted to money by the bank. When it
is demanded they produce the actual “original signed documents” they almost always
refuse to do so and ask the Court to “take their word for it” that they have BOTH of the
original documents which are absolutely required to be in their possession to begin
foreclosure actions. Almost every time the people that are being foreclosed on are able to
convince the Court (in judicial foreclosures) to demand that those “original documents”
be produced in Court by the Plaintiff, the foreclosure action stops and it is obvious why
that happens!
THEY DON’T HAVE THE “ORIGINAL” DOCUMENTS OR PROPERLY
REGISTERED ASSIGMENTS.
They have, instead, submitted a COUNTERFEIT SECURITY to the Court as their “proof
of claim” to attempt to unjustly enrich themselves through a blatantly fraudulent
foreclosure action. One often cited example of this was the decision handed down by U.
S. Federal District Court Judge Christopher A. Boyko of Ohio, who on October 31, 2007
dismissed 14 foreclosure actions at one time with scathing footnote comments about the
actions of the Plaintiffs and their attorneys. See (Exhibit “E”). Not long after that came
the dismissal of 26 foreclosure cases in Ohio by U.S. District Court Judge Thomas M.
Rose who referenced the Boyko ruling in his decision. See (Exhibit “F”). How many
other judges have not been so brave as to stand on the principles of law as Judges Boyko
and Rose did, but need to start doing so TODAY?
Has any of this foreclosure activity crossed state lines in communications or other
activities? Have there been at least two predicate acts of Fraud by the parties involved?
Have the people involved used any type of electronic communication in this Fraud such
as telephone, faxing or email? It is obvious that those questions have to be answered with
a resounding YES! If that is the case, then the Fraud that has been discussed here falls
under the RICO statutes of Federal Law. Didn’t they eventually take down the mob for
Racketeering under RICO statutes years ago? Is it time to take down the “NEW MOB”
with RICO once again?
HOW RAMPANT IS THIS FRAUD? - IT IS SO WELL CONCEIVED, THAT
MOST OF THE PLAYERS DON’T’ EVEN REALIZE IT IS HAPPENEING.
How could this kind of situation ever occur in this country? Could it be that this whole
entire process could be “studied concealment or misrepresentation” where the parties
involved are responsible under the law for their conduct? Could it be that it is no
“accident” that so many “wet ink signature” Notes cannot be produced to back up the
foreclosure actions that are devastating this country? Could it be that the overwhelming
use of COUNTERFEIT SECURITIES, as purported evidence of a debt in foreclosure
cases, is BY DESIGN and “studied concealment or misrepresentation” so as to strip the
people of this country of their property and assets? Could it be that a VERY substantial
number of Banks, Mortgage Companies, Law Firms and Attorneys are guilty of outright
massive Fraud, not only against the people of this country, but of massive Fraud on the
Court as well because of this COUNTERFEITING? How could one possibly come to any
other conclusion after learning the facts and understanding the law? How many other
people are implicated in this MASSIVE FRAUD such as Trustees and Sheriffs that have
sold literally millions of homes after foreclosure proceedings based on these
COUNTERFEIT SECURITIES submitted as evidence of a purported obligation?
How many judges know about this Fraud happening right in their own courtrooms and
never did anything? How many of them have actually been PAID for making judgments
on foreclosures? Wouldn’t that be a felony or at the very least, misprision of felony, to
know what is going on and not act to stop it or make it known to authorities in a position
to investigate and stop it? How is it that so many banks could recover financially, so
rapidly, from the financial debacle of 2008-09, with foreclosures still running at record
levels, and yet pay back taxpayer money that was showered on them and do it so quickly?
Could it be that when they take back a property in foreclosure where they never risked
any money and actually were unjustly enriched in the previous transaction, that it is easy
to make huge sums by reselling that property and then beginning the whole
“Unconscionable” process all over again with a new “borrower”?
How is it that just three years ago a loan was available to virtually almost anyone who
could “fog a mirror” with no documentation of income or ability to repay a loan?
Common sense makes you ask how “lenders” could possibly take those kinds of risks.
Could it be that the ability to “repay a loan” was not an issue at all for the lenders because
they were going to get their profits immediately and risk absolutely nothing at all? Could
it be that, if anything, they stood to make even more money if a person defaulted on the
“alleged loan” in a short period of time? They could literally obtain the property for
nothing other than some legal fees and court filing costs through foreclosure. They could
then resell the property and reap additional unjust profits once again! One does not need
to have been a finance major in college to figure out what has been happening once you
are enlightened to the FACTS.
This was sent to us, and claimed to be based on banker’s testimony
SOME OF YOU MAY KNOW THIS, MANY DON'T. SHARE TO ENLIGHTEN THOSE WHO DO NOT KNOW.
For those that really have wondered how a loan works in a fiat currency debt based banking system here it is. Some may be amazed and feel that of a dupe and others are already very aware that this is how it is. More and more people are waking up to this and starting to question business as usual. It Really Works Like This -- No Joke This is the way a "bank loan" really works. Interviews with bankers about a foreclosure. The banker was placed on the witness stand and sworn in. The plaintiff's (borrower's) attorney asked the banker the routine questions concerning the banker's education and background. The attorney asked the banker, "What is court exhibit A?" The banker responded by saying, "This is a promissory note." The attorney then asked, "Is there an agreement between Mr. Smith (borrower) and the defendant?" The banker said, "Yes." The attorney asked, "Do you believe the agreement includes a lender and a borrower?" The banker responded by saying, "Yes, I am the lender and Mr. Smith is the borrower." The attorney asked, "What do you believe the agreement is?" The banker quickly responded, saying, " We have the borrower sign the note and we give the borrower a check." The attorney asked, "Does this agreement show the words borrower, lender, loan, interest, credit, or money within the agreement?" The banker responded by saying, "Sure it does." The attorney asked, `"According to your knowledge, who was to loan what to whom according to the written agreement?" The banker responded by saying, "The lender loaned the borrower a $50,000 check. The borrower got the money and the house and has not repaid the money."
The attorney noted that the banker never said that the bank received the promissory note as a loan from the borrower to the bank. He asked, "Do you believe an ordinary person can use ordinary terms and understand this written agreement?" The banker said, "Yes." The attorney asked, "Do you believe you or your company legally own the promissory note and have the right to enforce payment from the borrower?" The banker said, "Absolutely we own it and legally have the right to collect the money." The attorney asked, "Does the $50,000 note have actual cash value of $50,000? Actual cash value means the promissory note can be sold for $50,000 cash in the ordinary course of business." The banker said, "Yes." The attorney asked, "According to your understanding of the alleged agreement, how much actual cash value must the bank loan to the borrower in order for the bank to legally fulfill the agreement and legally own the promissory note?" The banker said, "$50,000." The attorney asked, "According to your belief, if the borrower signs the promissory note and the bank refuses to loan the borrower $50,000 actual cash value, would the bank or borrower own the promissory note?" The banker said, "The borrower would own it if the bank did not loan the money. The bank gave the borrower a check and that is how the borrower financed the purchase of the house." The attorney asked, "Do you believe that the borrower agreed to provide the bank with $50,000 of actual cash value which was used to fund the $50,000 bank loan check back to the same borrower, and then agreed to pay the bank back $50,000 plus interest?" The banker said, "No. If the borrower provided the $50,000 to fund the check, there was no money loaned by the bank so the bank could not charge interest on money it never loaned." The attorney asked, "If this happened, in your opinion would the bank legally own the promissory note and be able to force Mr. Smith to pay the bank interest and principal payments?" The banker said, "I am not a lawyer so I cannot answer legal questions."
The attorney asked, " Is it bank policy that when a borrower receives a $50,000 bank loan, the bank receives $50,000 actual cash value from the borrower, that this gives value to a $50,000 bank loan check, and this check is returned to the borrower as a bank loan which the borrower must repay?" The banker said, "I do not know the bookkeeping entries." The attorney said, "I am asking you if this is the policy." The banker responded, "I do not recall." The attorney again asked, "Do you believe the agreement between Mr. Smith and the bank is that Mr. Smith provides the bank with actual cash value of $50,000 which is used to fund a $50,000 bank loan check back to himself which he is then required to repay plus interest back to the same bank?" The banker said, " I am not a lawyer." The attorney said, "Did you not say earlier that an ordinary person can use ordinary terms and understand this written agreement?" The banker said, "Yes." The attorney handed the bank loan agreement marked "Exhibit B" to the banker. He said, "Is there anything in this agreement showing the borrower had knowledge or showing where the borrower gave the bank authorization or permission for the bank to receive $50,000 actual cash value from him and to use this to fund the $50,000 bank loan check which obligates him to give the bank back $50,000 plus interest?" The banker said, "No." The lawyer asked, "If the borrower provided the bank with actual cash value of $50,000 which the bank used to fund the $50,000 check and returned the check back to the alleged borrower as a bank loan check, in your opinion, did the bank loan $50,000 to the borrower?" The banker said, "No." The attorney asked, "If a bank customer provides actual cash value of $50,000 to the bank and the bank returns $50,000 actual cash value back to the same customer, is this a swap or exchange of $50,000 for $50,000." The banker replied, "Yes." The attorney asked, "Did the agreement call for an exchange of $50,000 swapped for $50,000, or did it call for a $50,000 loan?"
The banker said, "A $50,000 loan." The attorney asked, "Is the bank to follow the Federal Reserve Bank policies and procedures when banks grant loans." The banker said, "Yes." The attorney asked, "What are the standard bank bookkeeping entries for granting loans according to the Federal Reserve Bank policies and procedures?" The attorney handed the banker FED publication Modern Money Mechanics, marked "Exhibit C". The banker said, "The promissory note is recorded as a bank asset and a new matching deposit (liability) is created. Then we issue a check from the new deposit back to the borrower." The attorney asked, "Is this not a swap or exchange of $50,000 for $50,000?" The banker said, "This is the standard way to do it." The attorney said, "Answer the question. Is it a swap or exchange of $50,000 actual cash value for $50,000 actual cash value? If the note funded the check, must they not both have equal value?" The banker then pleaded the Fifth Amendment. The attorney asked, "If the bank's deposits (liabilities) increase, do the bank's assets increase by an asset that has actual cash value?" The banker said, "Yes." The attorney asked, "Is there any exception?" The banker said, "Not that I know of." The attorney asked, "If the bank records a new deposit and records an asset on the bank's books having actual cash value, would the actual cash value always come from a customer of the bank or an investor or a lender to the bank?" The banker thought for a moment and said, "Yes." The attorney asked, "Is it the bank policy to record the promissory note as a bank asset offset by a new liability?" The banker said, "Yes."
The attorney said, "Does the promissory note have actual cash value equal to the amount of the bank loan check?" The banker said "Yes." The attorney asked, "Does this bookkeeping entry prove that the borrower provided actual cash value to fund the bank loan check?" The banker said, "Yes, the bank president told us to do it this way." The attorney asked, "How much actual cash value did the bank loan to obtain the promissory note?" The banker said, "Nothing." The attorney asked, "How much actual cash value did the bank receive from the borrower?" The banker said, "$50,000." The attorney said, "Is it true you received $50,000 actual cash value from the borrower, plus monthly payments and then you foreclosed and never invested one cent of legal tender or other depositors' money to obtain the promissory note in the first place? Is it true that the borrower financed the whole transaction?" The banker said, "Yes." The attorney asked, "Are you telling me the borrower agreed to give the bank $50,000 actual cash value for free and that the banker returned the actual cash value back to the same person as a bank loan?" The banker said, "I was not there when the borrower agreed to the loan." The attorney asked, "Do the standard FED publications show the bank receives actual cash value from the borrower for free and that the bank returns it back to the borrower as a bank loan?" The banker said, "Yes." The attorney said, "Do you believe the bank does this without the borrower's knowledge or written permission or authorization?" The banker said, "No."
The attorney asked, "To the best of your knowledge, is there written permission or authorization for the bank to transfer $50,000 of actual cash value from the borrower to the bank and for the bank to keep it for free? The banker said, "No." Does this allow the bank to use this $50,000 actual cash value to fund the $50,000 bank loan check back to the same borrower, forcing the borrower to pay the bank $50,000 plus interest? " The banker said, "Yes." The attorney said, "If the bank transferred $50,000 actual cash value from the borrower to the bank, in this part of the transaction, did the bank loan anything of value to the borrower?" The banker said, "No." He knew that one must first deposit something having actual cash value (cash, check, or promissory note) to fund a check. The attorney asked, "Is it the bank policy to first transfer the actual cash value from the alleged borrower to the lender for the amount of the alleged loan?" The banker said, "Yes." The attorney asked, "Does the bank pay IRS tax on the actual cash value transferred from the alleged borrower to the bank?" The banker answered, "No, because the actual cash value transferred shows up like a loan from the borrower to the bank, or a deposit which is the same thing, so it is not taxable." The attorney asked, "If a loan is forgiven, is it taxable?" The banker agreed by saying, "Yes." The attorney asked, "Is it the bank policy to not return the actual cash value that they received from the alleged borrower unless it is returned as a loan from the bank to the alleged borrower?" "Yes", the banker replied. The attorney said, "You never pay taxes on the actual cash value you receive from the alleged borrower and keep as the bank's property?" "No. No tax is paid.", said the crying banker.
The attorney asked, "When the lender receives the actual cash value from the alleged borrower, does the bank claim that it then owns it and that it is the property of the lender, without the bank loaning or risking one cent of legal tender or other depositors' money?" The banker said, "Yes." The attorney asked, "Are you telling me the bank policy is that the bank owns the promissory note (actual cash value) without loaning one cent of other depositors' money or legal tender, that the alleged borrower is the one who provided the funds deposited to fund the bank loan check, and that the bank gets funds from the alleged borrower for free? Is the money then returned back to the same person as a loan which the alleged borrower repays when the bank never gave up any money to obtain the promissory note? Am I hearing this right? I give you the equivalent of $50,000, you return the funds back to me, and I have to repay you $50,000 plus interest? Do you think I am stupid?" In a shaking voice the banker cried, saying, "All the banks are doing this. Congress allows this." The attorney quickly responded, "Does Congress allow the banks to breach written agreements, use false and misleading advertising, act without written permission, authorization, and without the alleged borrower's knowledge to transfer actual cash value from the alleged borrower to the bank and then return it back as a loan?" The banker said, "But the borrower got a check and the house." The attorney said, "Is it true that the actual cash value that was used to fund the bank loan check came directly from the borrower and that the bank received the funds from the alleged borrower for free?" "It is true", said the banker. The attorney asked, "Is it the bank's policy to transfer actual cash value from the alleged borrower to the bank and then to keep the funds as the bank's property, which they loan out as bank loans?" The banker, showing tears of regret that he had been caught, confessed, "Yes." The attorney asked, "Was it the bank's intent to receive actual cash value from the borrower and return the value of the funds back to the borrower as a loan?" The banker said, "Yes." He knew he had to say yes because of the bank policy. The attorney asked, "Do you believe that it was the borrower's intent to fund his own bank loan check?"
The banker answered, "I was not there at the time and I cannot know what went through the borrower's mind." The attorney asked, "If a lender loaned a borrower $10,000 and the borrower refused to repay the money, do you believe the lender is damaged?" The banker thought. If he said no, it would imply that the borrower does not have to repay. If he said yes, it would imply that the borrower is damaged for the loan to the bank of which the bank never repaid. The banker answered, "If a loan is not repaid, the lender is damaged." The attorney asked, "Is it the bank policy to take actual cash value from the borrower, use it to fund the bank loan check, and never return the actual cash value to the borrower?" The banker said, "The bank returns the funds." The attorney asked, "Was the actual cash value the bank received from the alleged borrower returned as a return of the money the bank took or was it returned as a bank loan to the borrower?" The banker said, "As a loan." The attorney asked, "How did the bank get the borrower's money for free?" The banker said, "That is how it works."
WHAT ACTIONS HAVE PEOPLE TAKEN TO AVOID LOSING THEIR
HOMES IN FORECLOSURE?
(this is what we specialize in teaching at www.livingfreeandclear.com )
There have been a number of different actions taken by people to keep from losing their
homes in foreclosure. The first and most widely used tactic is to demand that the party
bringing the foreclosure action does, in fact, have the “standing” to bring the action. The
most important issue of standing is whether that party has actual possession of the
“original / unaltered wet ink signature” documents from the closing showing they are the
“holder in due course”. Be advised many of these step by themselves is not enough
unless you are working it as part of a comprehensive plan.
As previously mentioned, in almost ALL cases the Plaintiff bringing the action refuses to
make these documents available for inspection by the Defendant in the foreclosure action
so they can, in fact, determine the authenticity of those documents that are claimed to be
“original” and purportedly giving the legal right to foreclose.
The fact that the Courts allow this to happen repeatedly without demanding the Plaintiff
bring the ”wet ink signature documents” into the court for inspection by the Defendant,
begs the question of whether some of the judiciary are involved in this Fraud.
Where is due process under the law for the Defendant when the Plaintiff is NOT
REQUIRED by the Court to meet that burden of proof of standing, when demanded, to
bring their action of foreclosure?
One other option that has been used more and more frequently in recent months to deal
with foreclosure actions is the issuing of a “Bonded Promissory Note” or “Bill of
Exchange” (sometimes called an A4V process or Accepted for Value), as payment to the
alleged “lender” as satisfaction of any amounts allegedly owed by the Defendant. As was
earlier described, a “Note” is money and as the banks demonstrated after the closing, it
can be deposited in the bank and converted to money. SOME of the “Bonded Promissory
Notes” and “Bills of Exchange” are, in fact, negotiated and credit is given to the accounts
specified and all turns out well. See (Exhibit “B” para 12) The problem that has occurred
is that MANY of the “lenders” say that the “Bonded Promissory Notes” and “Bills of
Exchange” are bogus documents and are worthless and fraudulent and they refuse to give
credit for the amount of the “Note” they receive as payment of an alleged debt even
though they are given specific instructions on how to negotiate the “Note”. Isn’t it
interesting that THEY can take a “Note” that THEY print and put before you to sign at
the closing table and deposit it in the bank and it is converted to money immediately, but
the “Note” that YOU issue is worthless and fraudulent? The only difference is WHO
PRINTS THE NOTE!!!! They are both signed by the same “borrower” and it is that
person’s credit that backs that “Note”.
The “lenders” don’t want the people to know they can use your “Prepaid Treasury
Account”, just as the banks do without your knowledge and consent. See (Exhibit “D”)
for more information on “Bills of Exchange”. The fact that SOME of the “Bonded
Promissory Notes” are negotiated and accounts are settled, proves beyond a shadow of a
doubt that they are legal SECURITIES just like the one that the bank got from the
“borrower” at the closing. Why then aren’t ALL of the “Notes” processed and credit
given to the accounts and the foreclosure dismissed? Because by doing so you would be
lowering the National Debt and the bankers would make less money!!!!
One very interesting thing that happens with these “Bonded Promissory Notes” or “Bills
of Exchange” that are submitted as payment, is that they are VERY RARELY
RETURNED TO THE ISSUER yet credit is not given to the intended account. They are
not returned, and the issuer is told they are “bogus, fraudulent and worthless” but they are
NOT RETURNED! Why would someone keep something that is allegedly “bogus,
fraudulent and worthless”?
Could it be that they are NOT REALLY “BOGUS, FRAUDULENT AND
WORTHLESS” and the “lender” has, in fact, actually negotiated them for YET
EVEN MORE UNJUST ENRICHMENT? That is exactly what happens in many
instances. There could be no other explanation for the failure to return the allegedly
“worthless” documents WHICH ARE ACTUALLY SECURITIES!!!
Does the fact that they keep the “Note” that was submitted and refuse to credit the
account that it was written to satisfy, rise to the level of THEFT OF SECURITIES? This
is just one more example of the Fraud that is so obvious. This is but one more example of
the ruthless nature of those who would defraud the people of this country.
ONE COMMON PROCESS IS KNOWN AS ADMINITRATIVE PROCESSES
AND ENFORCMENT
One of the most powerful strategies for dealing with lenders and other dishonest parties is
to use what is known as “administrative process”. This process is commonly used in the
legal system when a document is sent to you with certain demands. In that document it
might state that if you do not respond, certain things go into effect legally. The IRS,
lenders, attorneys, and other parties use the system all the time. What they don't tell you
is that you can also use the system to notify them. They never like to have the tables
turned on them of course, so don't expect them to be nice when you do. They aren't nice
when they're doing it to you are they?
So turnabout is fair play.
In this process you will send them certain documents requiring them to respond with
evidence, as to the proof of their claim, standing, and proper documentation to back it up.
They rarely can do this. You can even learn how to tender an offer of payment, in good
faith. This can be done even if you don’t have the, perceived necessary, Federal Reserve
Notes in your existing bank account. When they do not show up there've refused a
payment, and essentially admitted by default. The rule we follow is "silence is
acquiescence". We cannot reveal here some of the details, for obvious reasons (you learn
that in these processes). Some time-tested documents and phrases are shared with
members of our program. One of the ultimate goals is to get an automatic default
judgment, and then to enforce certain actions based upon the contracts you create with
this process. You have to understand that you can play the game too, and it works best if
you follow through and stick to your plan. That is the key.
The beauty of using such processes is that it is designed to keep you out of court. And if
the lender decided to challenge you, that would actually be good news for you ( if you
have set yourself up correctly). Because they will not be able to bring the proper
evidence with them to prove their standing and right to have a claim. They will instead
rely on intimidation, fraud, and distraction. They are nothing more than the “Wizard of
Oz”. "Don't pay attention to that man behind the curtain". If you keep that mindset, you
can win, and many do who stick it out.
CONCLUSION
One of the incredible aspects of this whole debacle is the fact that the very people who
are participants in this Fraud are victims as well. How many bank employees, judges,
court clerks, lawyers, process servers, Sheriffs and others have mortgages? How many of
the people who work in law offices, Courthouses, Sheriffs Departments and other entities
that are directly involved in this Fraud have been fraudulently foreclosed on themselves?
How many people in our military, law enforcement, firefighting and medical fields have
lost their homes to this Fraud? How many of your friends or neighbors have lost their
homes to these fraudulent foreclosures? Everyone who has a mortgage is a VICTIM of
this fraud but some of the most honest, trusting, hardest working and most dedicated
people in this country have been the biggest victims.
Who are those who have been the major beneficiaries of this massive Fraud? Those with
the “superior knowledge” that enables them to take advantage of another's ignorance of
the law to deceive them by “studied concealment or misrepresentation”. This group of
beneficiaries includes many on Wall Street, large investors, and most notoriously, the
bankers at the top and the lawyers who work so hard to enhance their profits and protect
the Fraud by them from being exposed. The time has now come to make those having
superior knowledge who HAVE taken advantage of another's ignorance of the law to
deceive them by studied concealment or misrepresentation to be held responsible for that
conduct. This isn’t just an idea. It is THE LAW and it is time to enforce it starting with
the criminal aspect of the fraud! Under the doctrine of “Respondeat Superior” the
people at the top of these organizations are responsible for the actions of those in their
employ. That is where the investigations and arrests need to start.
What is it going to take to put a stop to the destruction of this country and the lives of the
people who live here? It is going to take an uprising of the people of this country, as a
whole, to finally say that they have had enough. The information presented here is but
one part of the beginning of that uprising and the beginning of the end of the Fraud upon
the people of America. It is obvious, as has been pointed out here, with supporting
evidence, that Fraud is rampant. You now know the story and can no longer say you are
totally uninformed about this subject. This is only an outline of what needs to, and will,
become common knowledge to the people and law enforcement agencies in this country.
If you are in law enforcement it is YOUR DUTY to take what you have been given here
and move forward with your own intense investigation and root out the Fraud and stop
the theft of people’s homes.
Your failure to do so would make you an accessory to the fraud through your inaction
now that you have been noticed of what is occurring. If you are an attorney and receive
this information it would do you well to take it to heart, and understand there is no place
for your participation in this Fraud and if you participate you will likely become liable for
substantial damages, if not more severe consequences such as prison. If you are in the
judiciary you would do well to start following the letter of the law if you haven’t been,
and start making ALL of those in your Court do likewise, lest you find yourself looking
for employment as so many others are, if you are not incarcerated as a result of your
participation in the fraud. If you are part of the law enforcement community that enforces
legal matters regarding foreclosure you would do well to make sure that ALL things have
been done legally and properly rather than just taking the position “I am just doing my
job” and turn a blind eye to what you now know.
If you are a banker, you must know that you are now going to start being held
accountable for the destruction you have wreaked on this country. You have every right
to be, and should be, afraid..... very afraid. If you are one of the ruthless foreclosure
lawyers that has prayed on the numerous people who have lost their homes, you need to
be afraid also. VERY afraid.
When people learn the truth about what you have done to them you can expect to see
retaliation for what you have done. People are going to want to see those who defrauded
them brought to justice. These are not threats by any stretch of the imagination. These
are very simple observations and the study of human behavior shows us that when people
find out they have been defrauded in such a grand manner as this, they tend to become
rather angry and search for those who perpetrated the fraud upon them. The foreclosure
lawyers and the bankers will be standing clearly in their sights.
The question of WHERE DOES THE FRAUD BEGIN has been answered. It began right
at the closing table and was perpetuated all the way to the loss of property through
foreclosure or the incredible payment of 20 or 30 years of payments and interest by the
alleged “borrower” to those who would conspire to commit Fraud, collusion and
counterfeiting and practice “studied concealment or misrepresentation” for their own
unjust enrichment.
What would happen if you were to make a copy of a $100 Federal Reserve Note and
go to Walmart and attempt to use it to fraudulently acquire items that you wanted?
You more than likely would be arrested and charged with counterfeiting under Title 18
USC § 474 and go to prison. What is the difference, other than the magnitude of the
fraud, between that scenario and someone who makes a copy of a mortgage security, and
using it through foreclosure, attempts to fraudulently acquire a property? Shouldn’t they
be treated exactly the same under the law? The answer is obvious and now it is starting to
happen. The simplest of analogies
Title 18 USC § 474
Whoever, with intent to defraud, makes, executes, acquires, scans, captures, records,
receives, transmits, reproduces, sells, or has in such person’s control, custody, or
possession, an analog, digital, or electronic image of any obligation or other security of
the United States is guilty of a class B felony. "Fraud vitiates the most solemn Contracts,
documents and even judgments" [U.S. vs. Throckmorton, 98 US 61, at pg. 65].
“It is not necessary for rescission of a contract that the party making the
misrepresentation should have known that it was false, but recovery is allowed even
though misrepresentation is innocently made, because it would be unjust to allow one
who made false representations, even innocently, to retain the fruits of a bargain induced
by such representations.” [Whipp v. Iverson, 43 Wis 2d 166].
"Any false representation of material facts made with knowledge of falsity and with
intent that it shall be acted on by another in entering into contract, and which is so acted
upon, constitutes 'fraud,' and entitles party deceived to avoid contract or recover
damages." Barnsdall Refining Corn. v. Birnam Wood Oil Co. 92 F 26 817.
Our company has been teaching homeowners and investors how succeed in
investing, borrowing, and homeownership for over 10 years. The background of the
founder involved 20 years around these industries. With actual experience creating and
selling notes, just as described here. Once these secrets were discovered, we found we
could no longer participate in that so called “lending industry” in good conscious. We
then decided to dedicate our efforts to educating homeowners and their families and
helping them find solutions to the mess. A mess created by the “bankster” system the
country has been under these last 50 years, has to come to stop along with all the bloated
spending by the government. All of which new call for a new system of money an
exchange. REAL change is coming, it is just a matter when, not IF it will happen.
In the mean time, people must act and fight for justice to call attention to this flawed
house of cards.
A thorough understanding of these points, is the basis for the course and materials
we researched and assembled, based on many successful administrative processes
and cases developing.
Here are our objectives and plans one can learn and follow:
1. If in foreclosure, your first objective is to stall or stop it. Using every means
necessary, then you can implements one of several strategies suggested. Learn
how to present your argument situation and get the (reluctant) court on your side
for a change.
2. If NOT facing imminent foreclosure (you are in good standing), or you have
stalled a foreclosure successfully, you can learn to implement either an out-of -
court administrative strategy, or have a powerful in-court counter claim. The
advanced training helps you learn how you can self prepare for the greatest
chance of success.
3. Some processes may include how to use certain “Bills of Exchange” you can
produce, to offset the mortgage. You can use an administrative procedure to
challenge the lender’s standing and get an automatic win. You then seek to get a
default judgment against them, or get quick justice in court if needed, using
arguments you will find most attorneys will not even try (we assume because they
are afraid to or it goes too much against the grain of the “brotherhood” of the
court). YOU may have a lot more leverage tin these situations, than many
attorney’s do if you have proper standing (and proceed as a Creditor vs. a Debtor).
This is just some of what you can learn.
The key for most consumers developing a plan and having a track to follow a
track to follow. No one can guarantee results – because they are YOU decisions
and actions, but your basic understanding of these materials is a basis for being
able to do one of several strategies taught I the systems found at
www.livingfreeandclear.com
The plan you ultimately use will be based on your own decision (not by others for
you, which is riskier in our belief), and a plan you self develop, using some
powerful tools, arguments and strategies others have used.
Knowledge is the power that will help you win, and save our country, not relying
on the traditional “system” which has clearly failed. The time for action is now,
every day you wait the worse the problem becomes.
Be proactive and help us bring our country back from the brink of financial
disaster by the banks and thieving politicians, looting our wealth only as long as
we passively allow it.
Your brother in freedom - T.J. Marrs