foreclosur -read this first

8/14/2019 FORECLOSUR -Read This First

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FORECLOSURE : READ THIS FIRST

One: the understanding necessary to fight your foreclosure is overwhelming. First a thoughunderstanding of our history and who you are is very important to have. SO here is phase one theReaders Digest version. OUR STATUS - SOVEREIGNSThe Revolutionary war starts because the colonists didnt feel King George was listening to their needs and they werent being represented in Parliament. They didnt like the taxes they were

paying, and they started issuing their own form of money, Colonial Script (paper money). The colonies would gladly have borne the little tax on tea and other matters had it not been thatEngland took away from the colonies their money, which created unemployment anddissatisfaction. The inability of the colonists to get power to issue their own money permanentlyout of the hands of George 3 rd and the international bankers was the PRIME reason for theRevolutionary War.- Ben Franklin.

The King and his troops were sent packing and a treaty was signed about 1783 The Union wasformed, the Constitution was signed in 1787 and they give us a Bill of Rights. We are HumanBeings and as such have inalienable rights. Not Lienable. Think of a bird, can a bird leader tellanother bird not to fly over your house? Does the dog pack leader demand those that follow himto quit acting like dogs, or to bring food and lay it at his feet? Why should a man demandeveryone obey him and give up his natural tendencies to be a man? Soon after, court decisionsdeclare we the people who did establish and ordain the government (in other words thePeople created the Government) were individually Sovereign. Sovereign means we have nosuperior authority above us. The only true LAW is the golden rule do unto others as you wouldhave them do unto you . It is repeated in at least 8 different religions around the world.

"...at the Revolution, the sovereignty devolved on the people ; and they are truly the sovereignsof the country, but they are sovereigns without subjects...with none to govern but themselves....".CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472.

. Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but inour system, while sovereign powers are delegated to the agencies of government, sovereigntyitself remains with the people , by whom and for whom all government exists and acts. Yick Wo v. Hopkins 118 U.S. 356; 6 S.Ct. 1064 (1886)

. "The people of this State, as the successors of its former sovereign, are entitled to all therights which formerly belonged to the King by his prerogative ." Lansing v. Smith, 4 Wend. 9(N.Y.) (1829), 21 Am.Dec. 89 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C

Nav.Wat. Sec. 219; Nuls Sec. 167; 48 C Wharves Sec. 3, 7.

. "The very meaning of 'sovereignty' is that the decree of the sovereign makes law ."American Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826,19 Ann.Cas. 1047.

So the status of We the People created the Constitution and are superior to the federalGovernment, as we are also the creators of the State Constitutions and thus superior to the stateGovernments. Read the Preamables to the State Constitutions. Time marches on and in 1812 wehave another war with England. In 1865 things start to change radically. Lincoln far from being


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a man of the People and protector of the Constitution decided those who entered into the contractto form the Union, now cannot succeed from it. The Southern States succeed because they arewishing to keep their tax monies at home. Lincoln declared War and imprisoned 30,000

Northerners who rebeled against the War and denied them a Constitutional Right (HabeasCorpus), so much for his worship of the constitution. Habeas Corpus is a demand to know thelegitimacy of the charges against you. The Federal Government institutes the first Income Tax(on labor) in 1862 and it is revoked in the Supreme Court as being unconstitutional. The Fedsreinsititute it but it only applies to Federal Employees. The Soldiers are Federal employees. InLincolns reign he declared a state of War and emergency War Powers were instituted. TheEmergency War Powers shall go on indefinitely and we are under them still today. Every Courtin the land is under Admiralty Law (law of the Sea during War), and under the direction of theSupreme commander of the Military (the President). Admiralty Law where you are guilty until

proven innocent is only supposed to apply to the Sea. There is a gold-fringed flag flying in everycourtroom signifying the military jurisdiction .1 The Congress declared the 14 th amendment

passed, though it was not Constitutionally ratified (3/4 of the states have to approve for ratification to apply). The 14 th amendment states everyone born in the U.S. and subject to the

jurisdiction., not everyone born in the U.S . IS subject to the jurisdiction of the U.S. (FederalGovernment) and the 14 th gave us civil rights which the courts declare are privileges and notRIGHTS. Rights cannot be denied, nor taxed. This is ostensibly to free the slaves but if therewas no 14 th amendment the slaves would just become Sovereign like the rest of the People, therewould be no discrimination in status. The Supreme Court also decided about 1868? To declareCorporations can have all the rights of People. 2

"Corporations have been enthroned and an era of corruption in high places will follow, and themoney power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all wealth is aggregated in a few hands and the Republic is destroyed . AbeLincoln 1864

Corporations were made into persons by the 1886 Supreme Court case called Santa ClaraCounty v. Southern Pacific and gave artificial persons almost the same rights as

natural persons or simply a fictional entity (corporation) that only exists in your mind or on paper could now sue in court and possess similar rights to a flesh and blood person. In BlacksLaw person can be flesh and blood OR corporate entity.

"Don't interfere with anything in the Constitution. That must be maintained, for it is the onlysafeguard of our liberties." - Abraham Lincoln

Lincoln issued his own money printed by the Treasury called Greenbacks and John Wilkes Boothkilled him while his Secret Service guards mysteriously left their post. Just like Kennedys Secretservice driver slowing down after the first shot (see Zapruder film). The Congress with no authority formed a private corporation named, "The District of Columbia"

(Corp. USA) in, The District of Columbia Organic Act of 1871. Reinvented in 1878.TheCongress forms a Municipal corporation, USA, inc . to have authority over Washington, D.C.the 10 square miles where the Federal Government is based and any Territories. There are now 2governments acting simultaneously, the lawfully elected government and the Corporation withthe same employees (congressmen, and senators). The purpose of this corporation was to carryout the business needs of the government under the martial law aftermath of the Civil War. It

1 http://www.apostle1.com/daily_news_2006/august2007/08-07-2007-flag.htm2 http://www.uuworld.org/2003/03/feature1a.html


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trademarked the names: "United States Government", "United States", "U.S.", "U.S.A.", "USA",and "America". 3

In 1907 the Banks cause a Panic and the people were disgusted with the Bankers and WallStreet. The elite Bankers meet on Jeykle Island to plot a new Central Bank, and in 1913 broughtforth the Federal Reserve. The Federal Reserve is heralded as the answer to greedy Bankers, andtheir Wall Street cronies. The people are duped, it is voted in, on December 25 th while all thecongressmen are home for the holidays and this country is taken over without a shot fired. TheFed is never audited, and no disclosure of who the true owners are, even though everycorporation is required to list its ownership, is ever made even though it is a private corporation. FEDERAL RESERVE 4

* May 1, 1776 Jesuit Professor Adam Weishaupt who was retained by Rothschild's completesworld dominance plan.

* 1776-1790: U.S. Independence - Free Banking -no formal central bank.* 1791-1811: First Bank of the United States.* 1816-1836: Second Bank of the United States.* 1837-1862: Free Banking Era -no formal central bank. 1862-1913: System of National BanksThe Primary Owners of the Federal Reserve Bank Are :

1. Rothschild's of London and Berlin2. Lazard Brothers of Paris3. Israel Moses Seaf of Italy4. Kuhn, Loeb & Co. of Germany and New York 5. Warburg & Company of Hamburg, Germany6. Lehman Brothers of New York 7. Goldman, Sachs of New York 8. Rockefeller Brothers of New York

As we see it is mostly owned by foreign Bankers, it has no reserves, and is not Federal inanything but name. They are given the encouragement to print money from thin air without beingcalled a counterfitter. Yet those that print counterfit money are creating paper bills, that areaccepted as having value when they are exchanged, and have no differences to those usingFederal Reserve Notes.

Initially to show it is sound, the Federal Reserve note states upon it, it can be redeemed in gold atany Bank. The Fed is completely unlawful as the Constitution states at Article 1, section 8 under Powers Granted to Congress to coin money and regulate the value thereof. If only Congresscan do that, how can they give that authority to a private corporation? Congress alone isauthorized to declare war, so could they lawfully give that authority to say, Halliburton? Onceagain in Article 1, section 10 the states cannot make anything but gold or silver coin a tender in

payment of Debts. These Constitutional requirements have never been amended or repealeddont forget. The Federal Reserve a Private Bank, issues a private form of money and circulatesit as money yet the government does not arrest them for doing it, Why?

In 1933 the Federal Reserve who cannot create money (and it doesnt, it creates a privatecurrency) unless it is requested in the form of a loan, whether from an individual, or from theFederal Government, had created enough money from thin air and loaned it to the Government

3 file:///C:/Documents%20and%20Settings/Owner/My%20Documents/Us%20bankruptcy2.htm4 http://www.libertyforlife.com/banking/federal_reserve_bank.html


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that the Federal Government went Bankrupt to the Fed. The Fed required the interest to be paid inGold. The Fed becomes the new owner of the Government. Roosevelt issues a presidentialexecutive order that only applies to those that the Corporation operating as USA, inc has

jurisdiction over (Federal employees, and those living in Washing D.C., Puerto Rico, Guam, TheVirgin Islands and American Samoa) but the media fools the population into thinking it applies toeveryone. The order demands everyone turn in their gold and Congress passes legislation HJR 192 that makes it illegal to demand gold in payment.

On June 5th,1933 HJR 192 5 was passed stating: Every obligation, heretofore or hereafterincurred , whether or not any such provision is contained therein or made with respect thereto,shall be discharged upon payment , dollar for dollar, in any coin or currency which at the timeof payment is legal tender for public and private debts. Gold could no longer be required inany contract for payment of Debt. FDR demanded everyone turn in their Gold through anExecutive Order. From now on everyone is a Debtor as there is no way to pay for anything under the Constitutional requirements. Since the Constitution only allows gold and silver as legaltender, the States are immediately defunct, as they cant pay their employees in legal tender andthey become Corporations under the umbrella of USA,inc.. In fact there is no separation now

between the USA,inc and the STATE or the CITY or the COUNTY. All capital names signifies acorporate entity. Ever notice how all the Statements that come from the government addressed toyou are in all capital letters? You the Sovereign flesh and blood man/woman have acorresponding Corporation attached to you. Its called a strawman JOHN HENRY DOE insteadof John Henry Doe. Your social security #, your Drivers license, your Marriage license, anyLicense, Bank account, Utility Bills, etc all have your strawman name on them. In 1933Roosevelt started Social Security. And everyone became collateral to be used to borrowagainst, by the UNITED STATES government. We are HUMAN RESOURCES, thegovernment was broke, bankrupt, and needed to be able to borrow. Our Birth Certificate becamea registration. The cunning lawyers found the loophole in the Constitution that allowed them tomake slaves of sovereigns. Under the Constitution there is no restriction on entering intoContracts and it is though these contracts we give up our sovereignty. If you sign an agreementat work that your boss can come into your home and inspect your computer, that agreement ismore powerful than your 4 th amendment general right to privacy in your personal effects athome. You are presumed to know you gave away a specific right when signing the agreement.

Lets study the lawful elements of a Contract: 1. There has to be a meeting of the minds or another term for this would be full disclosure. Bob is washing his 2007 Cadillac out front andtells Jim he needs money and will sell him his car for $4,000. Jim happily gives him the $4000and Bob walks him around to the back of his house and hands him the keys to his old Toyota.There was no meeting of the minds or Full disclosure, so the contract is void. 2. There has to

be consideration exchanged by both parties. Something of value needs to be exchanged, andthat can be a promise to pay, or giving up a right, or something else. 3. Both sides must sign awet-ink signature as that is the evidence of commercial liability (you can be sued) for each party.IF only one party signs, it is a unilateral contract and the signing party can revoke at any time.Speaking of revoking a contract, anyone can revoke his signature on any contract at any time aslong as they are not running out on an obligation. Lets say I contract with you to accept 1000loaves of bread and pay you back $100/month for 12 months, I receive the bread but decide torescind my signature after 3 months. That wont work as I still owe an unpaid debt. However if the promise to give you the consideration (loaves of bread) was based on fraud then you canrecind your contract. Most contracts are unilateral and are not contracts at all but really just a

5 http://www.nomoredebt.cc/hjr192.html


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declaration. You declare you will do such and such in exchange for something. Why cant yourecind your signature?

Lets look at the Government contracts and see if they fit the above requirements. How about aMarriage license? Did the government tell you that when you submitted (submission) theapplication (blacks law defines this as to beg) for a license (a license is something you obtainthat allows you to do something that otherwise would be illegal) that you were giving allauthority over your union to the STATE? One of the things the STATE gains is the product or result of your union- your children. The reason Child Protective Services can take your propertywithout a court appearance (due process under the 5 th, and 14 th ammendments), wherein you candefend your rights and property is because they claim it is their property they are taking. For thousands of years people have gotten married and all it took was a vow before God in front of one of Gods representatives, or even just an oath to each other and you were hitched in the eyesof the community. What on earth does anyone gain by getting a certificate (which implies a titlehas transferred) from the STATE? Next, a Drivers License, did you know that there is norequirement to have a license to travel in your car with your guests on the public highwaysand roads? There isnt, however you will need a DMV license to drive a motor vehicle withpassengers on the roads. Passengers are those who pay to be ferried about. Think Trains,Planes, and Ships, these all have passengers, who pay to be taken wherever, or do thepassengers ride for free? Congress has the right to regulate interstate commerce and so if youare engaged in commerce (for hire) you need a license to drive.

CASE #1: "The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.

CASE #2: "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, andthe pursuit of happiness." Thompson v. Smith, 154 SE 579.

CASE #3: "The right to travel is a part of the liberty of which the citizen cannot be deprivedwithout due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.

CASE #4: "The right to travel is a well-established common right that does not owe its existenceto the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles96 App DC 287, 225 F2d 938, at 941.

"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US,230 F 486, at 489.

"...For while a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways...as a place for privategain. For the latter purpose, no person has a vested right to use the highways of this state, but it isa privilege...which the (state) may grant or withhold at its discretion..." State v. Johnson, 245 P1073.

So do we Sovereigns have Rights or Privileges? Rights can not be taken away, nor taxed. If aRight could be taxed what would it be like if instead of standing on your soap box to preach to


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the world the STATES representative (cop) came over and said thatll be $20 for the next 20minutes of talk time, buddy.

Let look at Common Law. If you are sovereign can you do anything you want? Sure as long asit doesnt violate the Common Law. In the Constitution every time you find the word Law it isreferring to Common Law. Common Law is very simple there are no complex legislated acts toremember just two, you cannot injure your countryman or you will have to answer for it, and twoyou cannot breech a contract. It is very simple. The equalizer in Common Law is how the justiceis decided upon. The Jury system came from common law and is an excellent form of getting

justice. Twelve good men (or women) decide if your punishment is fair. Under common law youcan haul your neighbor into court for stealing your strawberries and you decide he should die for that crime. The Jury deliberates and if one juror is against you (the plaintiff bringing the charges)he (the defendant) is set free. The Jury decides the law and the facts of the case and according tothe 7 th amendment no Court in the land including the Supreme Court can overturn a juriesdecision.

The Honourable Joseph Neilson, Chief Justice of the City Court of Brooklyn 1875:

The fact of the matter is that there exists all around us a great body of law which has not ever been (nor could it be) written down in one spot. In a way, it's, it's more of a process which has asingle guiding rule, the "golden rule," a negative rule: "Don't do something to someone thatyou don't want to have visited on yourself, either directly or through the agency of agovernment." Though it has suffered much at the hands of legislators, common law is yetfollowed in all major English speaking nations around the world. Common law to England wasand is its very force. The greatness of England, certainly in the past, is attributable, I would sayfully attributable, to the stabilizing and enriching institution that we have come to know ascommon law. This subject of the common law is a great and wonderful subject: its evolutionarydevelopment and its great benefits make it the most superior law system known in theworld, as history will readily tell.

"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no such duty [tosubmit his books and papers for an examination] to the State, since he receives nothing therefrom,

beyond the protection of his life and property. His rights are such as existed by the law of the land[Common Law ] long antecedent to the organization of the State, and can only be taken from him

by due process of law, and in accordance with the Constitution. Among his rights are a refusal toincriminate himself, and the immunity of himself and his property from arrest or seizure exceptunder a warrant of the law. He owes nothing to the public so long as he does not trespass upontheir rights." Hale v. Henkel , 201 U.S. 43 at 47 (1905).

Attorneys: The issue can be made even clearer by a second very appropriate example. Thelegal professions labor union, the Bar Association, was established immediately after theCivil War (they got rid of the original 13 th amendment barring Title of Nobilty i.e.esquire, honorable) to substitute a system of general slavery to replace the old systemof black slavery, by guaranteeing a monopoly of the courts for attorneys, judges andmunicipal corporations (city, county, state). This labor union, the Bar Association, hasforbidden anyone but union (Bar) attorneys to give legal advice, and has preventedanyone from being assisted in court by a non-union lawyer or by a non-lawyer, thusconverting the courts into closed union shops. This corresponds to pre-Civil War United


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States wherein blacks were not taught to read and were not allowed to get a publiceducation lest they become strong enough persons to speak out against their repressionand overthrow their slavemasters.

Jury Duties and Nulification:

The jury has the right to determine both the law and the facts. (1804) Samuel Chase supremecourt justice 1741-1811

"It is not only his right, but his duty...to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court." John Adams,1771

Justice OLIVER WENDELL HOLMES (Horning v. District of Columbia, 249 U.S. 596 (1920)):"The jury has the power to bring a verdict in the teeth of both law and fact."

So under common Law there is no statutes, codes, regulations, acts, in other words no legislatedlaw that applies to a sovereign. How many times a day do the People of California the allegedPlaintiff as represented without power of attorney from anyone by the STATE, bring chargesagainst the real People of California (the individual) when no one has been injured? About 99%of the time.

So lets look at the laws in California:

. "It is the public policy of this state that public agencies exist to aid in the conduct of the people's business.... The people of this state do not yield their sovereignty to the agencies which servethem." California Government Code, Section 11120.

"In enacting this chapter, the Legislature finds and declares that the public commissions, boardsand councils and the other public agencies in this State exist to aid in the conduct of the people's

business ....The people of this State do not yield their sovereignty to the agencies which servethem ." California Government Code Section 54950.

. "Whereas, the people of California have presented a constitution....and which, on dueexamination, is found to be republican in its form of government ...." Act [of Congress] for theAdmission of California Into the Union, Volume 9, Statutes at Large, Page 452. (in fact a statecannot join the Union if not a Republic)

CALIFORNIA CONSTITUTIONARTICLE 6 JUDICIALSEC. 1. The judicial power of this State is vested in the Supreme Court, courts of appeal, andsuperior courts, all of which are courts of record.

The Court of Record rules apply in ALL states

. A court of record is a judicial tribunal having attributes and exercising functionsindependently of the person of the magistrate designated generally to hold it, and precedingaccording to the course of common law , its acts and proceedings being enrolled for a perpetual
http://www.brainyquote.com/quotes/quotes/s/samuelchas221569.htmlhttp://www.brainyquote.com/quotes/quotes/s/samuelchas221569.html


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memorial. Jones v Jones 188 Mo. App. 220, 175 S.W. 227,229: Ex parte Gladhill, 8 Metc. ,Mass. , 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406,155 N.E. 688, 689 -Blacks 4 th pg426

So we see, one we are Sovereigns and two the law of the land is Common law and ALL thelegislated acts of Congress and our State legislatures dont apply to us, Do they know this? Theanswer is NO.

It is one thing to find that the Tribe has agreed to sell the right to use the land and take valuableminerals from it, and quite another to find that the Tribe has abandoned its sovereign powerssimply because it has not expressly reserved them through a contract . To presume that asovereign forever waives the right to exercise one of its powers unless it expressly reserves theright to exercise that power in a commercial agreement turns the concept of sovereignty on itshead. MERRION ET AL., DBA MERRION & BAYLESS, ET AL. v. JICARILLA APACHETRIBE ET AL. 1982.SCT.394 , 455 U.S. 130, 102 S. Ct. 894, 71 L. Ed. 2d 21, 50 U.S.L.W. 4169

pp. 144-148

So now you know or at least have been shown evidence that you are sovereign, the common lawapplies, and that the elements of a lawful contract are hardly ever in force in what we take to

believe are the contracts and agreements we engage in with the Government , Banks and other institutions.

In my experience, in most peoples lives, the largest expense and thus the best place to startlooking for contractual fraud is involved in home loans, the next biggest expense is the fraudulenttaking of your property through taxation by the IRS, and the third biggest expense is related toCar loans and related charges.

I would like to enter proof of the fraud in every loan with the following court case:

In the Credit River Decision6

in 1968, the president of the Bank, Mr. Morgan admitted that all of the money or credit which was used as a consideration was created upon their books , that thiswas standard banking practice exercised by their bank in combination with the Federal ReserveBank of Minneapolis, another private Bank, further that he knew of no United States Statute orLaw that gave the Plaintiff the authority to do this. Plaintiff further claimed that Defendant byusing the ledger book created credit and by paying on the Note and Mortgage waived any rightto complain about the Consideration and that the Defendant was estopped from doing so.

A Bank cannot loan its account holders money that would be theft unless you agreed to it in acontract and if you get the bank signature card you signed you will find many interesting things

but your authorization to have your deposits loaned will not be one of them. A Bank cannotloan its credit either.

A bank may not lend its credit to another, even though such a transaction turns out to have beenof benefit to the bank, and in support of this a list of cases might be cited, which would look likea catalog of ships. [Emphasis added] Norton Grocery Co. v. Peoples Nat. Bank, 144 SE 505, 151Va 195.

It has been settled beyond controversy that a national bank, under federal law beinglimited in its powers and capacity, cannot lend its credit by guaranteeing the debts of 6 http://www.educationcenter2000.com/legal/credit_river_decision.htm


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