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Bank of America Eviction Case # 0729-425916
Well as you can see I have been at the keyboard again. I AM eternally grateful to you and all who have taken the time to teach us about our true identity. Golden blessings to the teachers and truth bringers of Terra Nova. I send a special ray of Love to 'S' for his painstaking work. I wish for his family reunion! To Casper, Poof Story, Henagan and all contributors of FourWinds We are grateful.....We Love you... WE WIN!!!
I leave it to your wonderful desecration to post...
NESARA NOW!
Namaste
Mark
Subject: Bank of America Eviction Case # 0729-425916
To: "Lisa Barrentine" <lbarrentine@firstpreston.com>, "Lewis Steven" <slewis@firstpreston.com>
Cc: 60m@cbsnews.com, abuse@whitehouse.gov, Adelle_Cruz@reid.senate.gov, Alexander_McDonough@reid.senate.gov, bellringer@fourwinds10.com, Blair_Hinderliter@reid.senate.gov, Brittany_Blanchard@reid.senate.gov, Charvez_Foger@reid.senate.gov, Christina_Martinez@reid.senate.gov, comments@whitehouse.gov, correspondence_reply@reid.senate.gov, Danica_Daneshforouz@reid.senate.gov, evening@cbsnews.com, Gary_Myrick@reid.senate.gov, Gavin_Parke@reid.senate.gov, gknapp@klastv.com, Ida_Gaines@reid.senate.gov, iteam@klastv.com, Janice_Miller@reid.senate.gov, jcohen@puc.state.nv.us, Jennifer_Sawaya@reid.senate.gov, Jessica_Bantham@reid.senate.gov, Jessica_Satre@reid.senate.gov, Jim_Manley@reid.senate.gov, Karen_Silberstein@reid.senate.gov, Katherine_Oh@reid.senate.gov, Kathleen_Rozner@reid.senate.gov, klampley@puc.state.nv.us, Laura_Ochoa@reid.senate.gov, lukebusby@puc.state.nv.us, mail@ashtarcommand.net, Mariela_Hernandez@reid.senate.gov, mark_Wetjen@reid.senate.gov, Mary_Conelly@reid.senate.gov, Matthew_Tuma@reid.senate.gov, Michael_Vannozzi@reid.senate.gov, Mike_Esposito@reid.senate.gov, Natasha_Guynes@reid.senate.gov, Neil_Kornze@reid.senate.gov, Nicole_Trzynadlowski@reid..senate.gov, president@whitehouse.gov, Robert_Herbert@reid.senate.gov, Robert_Sharp@reid.senate.gov, Robin_McCain@reid.senate.gov, Shannon_Raborn@reid..senate.gov, Susan_Lisagor@reid.senate.gov, vice_president@whitehouse.gov, webmaster@rense.com, wrh@whatreallyhappened.com, Yolanda_Garcia-Banuelos@reid.senate.gov
Date: Tuesday, March 10, 2009, 2:26 PM
Stephen Lewis First Preston Management Attn: Asset Recovery Unit 14651 Dallas Parkway Suite 412 Dallas, TX 75254 (972)-788-8600 Eviction Department (972) 788-8655 Direct (972) 788-8699 Fax slewis@firstpreston.com
Mr. Lewis
RE: Bank of America Case # 0729-425916 |
I Mark Clarke do Herby notify First Preston Management Inc and Bank of America N. A. and all others that I intend to reserve all my rights as granted to me by the Constitution of the united States of America and my Creator. I AM a sovereign being of the united States of America. I AM a free man on the land of the State of Nevada.
I do not accept your offer of Contract dated March 6, 2009.
-Exhibit A: Certification and Release case number BOA 0729-425916 -Exhibit B: Voluntary Vacancy Agreement BOA Case number 0729-425916 -Exhibit C: Cover letter First Preston Management Inc. March 6, 2009
As per our conversation on March 6, 2009 I intend to remain in possession of the property until at least April 29, 2009 as per your verbal Contract. I have a transcription of our conversation as I am sure your organization has a recording as well.
I wish to make it known that I find your offer of Contract very disturbing. In the Certification and Release Contract you are attempting to have me sign away my rights and privileges. This document clearly attempts to give Indemnity and Release for any wrong doing by Bank of America N.A. and First Preston Management Inc or agents, assignees etc.. The Contract prevents me from seeking any legal remedy for ANY actions of these two companies and agents. In addition it clearly prevents me or any of my family members from exercising our rights as they pertain to this property.
In the Voluntary Vacancy Agreement Contract you are attempting to get me to release the property and all rights for consideration of $2000.00. The Contract has very strict guidelines for my performance. Yet if I accept the agreement and you fail to fulfill your obligations I will have NO RIGHTS based on the Certification and Release Contract. I and my family will be unable to seek legal remedies forever and for any reason against anyone associated with Bank of America N.A. or First Preston Management Inc.
Contained in the Certification and Release document Item number 5. is very disturbing. I am being asked to Certify that I have consulted Council and made a full investigation of all the facts pertaining to this Contract. As of this date I am unable to sign and accept this Contract item because Bank of America N. A.. and First Preston Management Inc. have not provided me with ALL of the relevant facts and documents concerning the foreclosure of this home on November 12, 2008. At this time I demand your agent Bank of America N.A. and First Preston Management Inc and all agents provide me with all of the relevant details and documents concerning the property known as 1921 Badger Canyon Ave. North Las Vegas, Nevada 89031. I demand copies of all filings and documentation concerning Bank of America Case number 0729-425916 on or before April 1, 2009 via certified USPS mail.
http://redrock.co.clark.nv..us/assrrealprop/pclDetail.aspx?hdnParcel=12428219047&hdnInstance=pcl7
I refuse to purger myself by signing your offers of Contract. I reserve all my rights granted to me as a natural born citizen and human being.
It is common knowledge that many brokers and lenders engaged in predatory and fraudulent activity in providing mortgage (and other) loans to consumers. I believe that Bank of America N. A. may have participated in fraudulent mortgage loan activities.
http://www.huffingtonpost.com/john-tepper-marlin/how-the-financial-crisis_b_172964.html
http://www.nytimes.com/2009/03/08/opinion/08sun3.html
The Steps of Common Fraud:
Step 1: Fraud in the Inducement: “… is intended to and which does cause one to execute an instrument, or make an agreement… The misrepresentation involved does not mislead one as the paper he signs but rather misleads as to the true facts of a situation, and the false impression it causes is a basis of a decision to sign or render a judgment”. Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Fraud’.
Step 2: Fraud in Fact by Deceit (Obfuscation and Denial) and Theft:
• “ACTUAL FRAUD. Deceit. Concealing something or making a false representation with an evil intent [scanter] when it causes injury to another…”. Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc.., 2003, s.v.: ‘Fraud’.
• “THE TORT OF FRAUDULENT DECEIT… The elements of actionable deceit are: A false representation of a material fact made with knowledge of its falsity, or recklessly, or without reasonable grounds for believing its truth, and with intent to induce reliance thereon, on which plaintiff justifiably relies on his injury…”. Source: Steven H. Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.: ‘Deceit’.
Step 3: Theft by Deception and Fraudulent Conveyance:
• “FRAUDULENT CONCEALMENT… The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose…”.
• “The test of whether failure to disclose material facts constitutes fraud is the existence of a duty, legal or equitable, arising from the relation of the parties: failure to disclose a material fact with intent to mislead or defraud under such circumstances being equivalent to an actual ‘fraudulent concealment’…”.
• To suspend running of limitations, it means the employment of artifice, planned to prevent inquiry or escape investigation and mislead or hinder acquirement of information disclosing a right of action, and acts relied on must be of an affirmative character and fraudulent…”.
Source: Black, Henry Campbell, M.A., 'Black’s Law Dictionary’, Revised 4th Edition, St Paul: West Publishing Company, 1968, s.v. ‘Fraudulent Concealment’.
• “FRAUDULENT CONVEYANCE… A conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach…”.
• “Conveyance made with intent to avoid some duty or debt due by or incumbent or person (entity) making transfer…”.
Source: Black, Henry Campbell, M.A., ‘Black’s Law Dictionary', Revised 4th Edition, St Paul: West Publishing Company, 1968, s.v. ‘Fraudulent Conveyance’.
"Misprision of felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. § 4:
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
I wish to inform you that I have and will at my discretion notify local, state and federal authorities as to the actions and activities of Bank of America N. A., First Preston Management Inc and all agents.
I reserve my right to contact the media.
http://www.fourwinds10.com/siterun_data/peace_freedom/patriots_and_protesters/news.php?q=1236306418
I demand a written response from Bank of America N. A. and/or First Preston management Inc. on or before March 15, 2009.
Sincerely Mark Clarke
NESARA NOW!
http://www.nesara.us/
encl.
cc Lisa Barretine President First Preston Management Inc. President of the United States of America Attorney General of the United States of America Senator Harry Reid Senator John Ensign Representative Shelly Berkley Representative Nancy Pelosi Attorney General for The State of Nevada Public Service Commission State of Nevada fourwinds10.com Galactic Federation of Light Ashtar Command rense.com whatreallyhappened..com George Knapp KLAS-TV Media List 7 Clark County City Clerk file |
Mr. Clark,
Thank you for your email expressing your concerns. As a preliminary matter, it seems that you may misunderstand the role of First Preston with respect to your property. First Preston is a contractor that handles post-foreclosure property matters for lenders such as Bank of America. First Preston did not participate in your foreclosure proceeding. Rather, pursuant to our contract with Bank of America, we offered you compensation under Bank of America's "Cash for Keys" program provided you timely vacated the property and left it in the condition required by that program. I agree that it is perfectly within your rights to reject participation in the "Cash for Keys" program, and we will duly note your rejection in the property file. We view this program as a positive one for people facing relocation issues, and regret that you were offended or troubled by it. We will certainly advise our personnel to cease contact with you on that issue.
However, since First Preston was not involved in the foreclosure process, we are unable to provide any documents to you, or to provide any additional information to you with respect to your loan or foreclosure. We simply do not have such. First Preston will promptly forward your comments to Bank of America for its review and with the expectation that Bank of America will provide further direction.
Respectfully,
Lisa Barrentine
President
First Preston Management, Inc