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DECEIT SOLD AT THE COURT
Charles Miller
by Charles Miller
May 16th 2018
This is so simple it is stupid.
Joe the consumer asks his neighbor Max, the lender, to borrow his truck.
Max says sure no problem.
Max then gives is the truck to Bob.
Joe and Bob have no understanding about the use of the truck.
The truck comes back without any gas and a blown transmission because no oil was put in it.
Max then holds Joe accountable because he loaned Joe the truck even though Bob is the one that got the truck.
Bank Scenario
Joe is still a consumer, Max is the lender or a bank, and Bob is the seller of the house.
THE MORTGAGE SCAM
Joe the consumer issues a promissory note to a Bank under mistaken belief he will receive a loan.
Joe's note is chattel property, personal in nature because it is Joe's promise not some one else's. Joe’s promise in the note ties_@“ up his future labor that he expands to make money to feed himself and his family. Joe is owner of note until he identifies someone as payee or beneficiary and transfers note to a holder for ‘ negotiation '.
Any and all promissory notes are negotiable instruments.
The Bank now has Joe's money because promissory notes are money, 31 CFR governing Money and Finance. Joe's note is also a security 18 USC Criminal Code.
The Bank accepted Joe's note as money and deposited as received and ledgered it under GAAP , Generally Accepted Accounting Principles.
The Bank now has cash on its books.
The books must always balance. GAAP and tax regulations mandate the balanced books.
PART 1: The Bank did not give Joe a receipt for his note. Perhaps some one did but not the Bank under an officers signature.
PART 2: The Bank induced Joe to fill out a loan application.
The standard loan application, FNMA standard form is indicative, does not define or describe WHAT IS TO BE LOANED, never defines who is the owner of the loaned property, it's history or who is title holder.
The standard application does not identify who is applying for credit, the Bank by offering the application or Joe filling it out.
This element is key
Joe is identified as borrower in the application which is filled out with ASSISTANCE FROM THE BANK.
!!!The Bank never issues a Letter of Commitment to Joe stating he will receive the Banks property on loan to be repaid!!!
The word loan is key. In order for a loan to take place the lender must have provable ownership over the property loaned. A transfer of said property from lender to borrower must take place. The borrower must ' receive ' the property into his exclusive care, custody and discretionary use or under loan contracted use.
Real property being fixed can not be loaned merely authorized for use of varied kinds under numerous contract types.
Chattel property being movable is the subject and object of the transaction especially in mortgages and generally commerce.
Money is chattel property.
PART 3: No Bank ever verifies or offers any evidence related to the following:
a. That a loan took place;
b. Property owned by the Bank was transferred to alleged borrower;
c. The alleged borrower received the Banks property;
Under the Rule of Law, Federal Reserve regulations, United States Code, Federal Regulations, GAAP, the banks have no money to lend.
Under the Rule of Law, Federal Reserve regulations Banks cannot loan their own credit nor their depositors money. The balancing and matching requirements of GAAP is conclusive bar.
Under Federal Reserve regulations banks cannot loan their own assets.
IDENTIFIED ABOVE, JOE'S NOTE, BECAME AN ASSET OF THE BANK THAT ACCEPTED IT.
Nonetheless the Bank once in receipt of the promissory note approaches the owner of private money in the United States the Federal Reserve for authorization to ledger Joe's note as a cash item.
The Federal Reserve gives authorization to create this money which it then controls through it storefronts call Banks by inducing Americans like Joe to believe that private money owned by Federal Reserve is backed by the same kind of real value Joe put up.
In short form some other Americans Debt is the basis of the private money system.
BUT WAIT, THERES MORE! IT GETS BETTER!!
The Bank in all of the its subdivisions in all of its operations in conjunction with all of its partners and cohorts of every nature and kind throughout all of its operations are subject to the following Rule of Law federal statutes:
Truth in Lending Act,
Consumer Protection Act,
Fair Debt Collections and Practices Act and quite a few other consumer protection mechanisms and lots of other mandatory regulation.
In every foreclosure the Bank sends a barrage of its agents in the form of servicers, trustees, attorneys, auction agents against poor Joe.
Joe is overwhelmed. But being a former Marine and knowing right from wrong.
Joe decides to fight back and demand application of the law. Joe read the above three federal laws. Joe read the Federal Rules of Civil Procedure governing United States courts.
Joe being a deplorable before it was cool, a Marine forever as all of them are, having only two years of college, made the ultimate mistake in taking the written statutes and federal procedures as literal, promises by government.
The Bank buries poor Joe in an avalanche of paperwork, procedures, notices, threats, publications.
All of the paperwork, all of the statements by the individuals working for the Bank state the same thing.
"We the BANK OF PURLOINED have mounds and mounds of EVIDENCE OF DEBT and we are going to come take your house and throw you out in the street unless you pay us back what you borrowed!".
Joe says please comply with the federal law and verify the debt as BANK OF PURLOINED is required to do under federal law.
BANK OF PURLOINED sends it's attorneys to court to take Joe's house.
THE CRIME
Joe believes in the law.
Joe believed that the government was honest.
Joe believe the judges were honest and dispensed justice.
Joe demanded the Bank produce its records showing that it complied with the law.
Joe demanded the judge to order the Bank to produce its records showing that it complied with the law.
!!Joe understands that all of the evidence of debt in the world does not prove a loan was made!!
THERE IS NO COURT OR BANK RECORD IN ANY FORECLOSURE ACTION THAT SHOWS EITHER THE BANK OR JUDGE EVEN RECOGNIZED THE LAW REQUIRING VERIFICATION OF DEBT AND PROOF OF LOAN LET ALONE APPLIED THE RULE OF LAW ON BEHALF OF JOE.
Joe lost his home, so did his wife and his three children and his aged mother.
The simple fact in every foreclosure since 1982 and probably earlier no Bank can or will PROVE RIGHT TO PAYMENT according to Rule of Law.
With no right to payment ever claimed by Banks in foreclosure actions no foreclosure is valid.
Fatal defects are obvious in every foreclosure in the last 6 years minimum.
THE COURT OF PUBLIC OPINION IS A VERY LARGE ARMY, MOST OF WHOM VOTED FOR DONALD TRUMP IN HOPES HIS PRESIDENCY WOULD CALL US TO ACTION TO MAKE AMERICA GREAT BY DRAINING THE SWAMP OF CORRUPTED PUBLIC OFFICIALS AND BANKERS.
From: rod@disroot.org