mortgagekillerex-2

8/7/2019 MortgageKillerEX-2

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Mortgage Killer:Another approach to Fight the Bank Things to do list: All names are case sensitive-John Doe or JOHN DOEThe first thing to do is to nderstand !hat is reall" going on !hen a Bank #loans$ mone"% As!ithot the nderstanding "o !ill have a hard time seeing !hat is stated in their letters as the"are sing #code$ !ords developed &" la!"ers called #legalese$ that looks like English &t has

different meanings than the spoken !ord English% Ever" thing defends on !here "o are onthe timeline in having "or home taken a!a"% 'f "o have (st received "or NOT')E OFDEFA*+T on the fact "o have missed , months of hose pa"ments then "o are in goodshape and sending the #NOT')E OF E+F-E.E)*T'N/ )OND'T'ONA+ A))E0TAN)E$shold slo! them do!n considera&l"% 1o have plent" of time to std" the D2D$s and Booksand 3ritings &efore proceeding !ith filing paper!ork% 'f "o have a NOT')E OF T4*TEEA+E then "o have no time and "or hose !ill &e sold5 6ickl"5 pro&a&l" in ,7 da"s time%1o need to file Bankrptc" paper!ork immediatel" or at an" time prior to the sale date tostop the sale% 1o can find an online filing service for less than 8,77 and here$s a hint don$tstate "o &orro!ed more than 87 dollars from the &ank or the (dge !ill state "o have noe6it" in the home and &mp it ot to &e sold% 1o can call the Bank an #alleged$ creditor as

"o do not have an" proof "et% Once filed "o !ill get instant protection from the Bank for atleast ,7 da"s and pro&a&l" more like 97 da"s% This !ill &e enogh time to get a defalt on"or paper!ork "o !ill s&mit to the &ank and pt "o in a mch &etter position% 1o can!ithdra! from the Bankrptc" later &efore the Jdge s!oops do!n to take an" assets% 'f acople months have gone &" since "o defalted on the Banks Notice then start the procedreand std" the D2D$s and Books !hile "or in the process% A !ord a&ot attorne"s5 the" can&e sefl and !ork for "or home &t never !ith the same determination that "o !ill have5second the" have s!orn an oath to the BA4 association that !ill case them to a&andon "orinterests if the Jdge re6ires them to5 as the" are o&edient to the (dge regardless and !ill losetheir livel" hood &" &eing dis&arred if the" don$t pla" along% 1o !ill &e considered a child5 a!ard of the cort5 incompetent to speak for "orself if "o hire an attorne" as he !ill have fll

athorit" to speak for "o even if it$s against "or !ishes unless you hire him as co-counselmeaning he !old have to conslt "o &efore speaking or acting in cort% 'f "o do not kno!the s&(ect "o cannot arge the s&(ect and !ill lose% 'f "o are !eak in spirit5 "o !ill co!er!hen the" demean "o and attack "o in cort% 't is m" hope that no one ever has to appear todefend their rights in cort as it is a den of vipers !ith a satanic atmosphere there5 ho!everpeople have &een victorios in cort against Banks !ith a good hearted (dge%

The follo!ing are the steps to follo! to start &ecoming free of the nconsciona&le contract "ohave !ith the Bank:

% Find a Notar" !illing to follo! throgh on a series of presentments "o !ill make to

the original5 and assigned: lender5 trstee5 and &eneficiar" of "or home #loan$%;% The Notar" !ill notari


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cannot claim the" !ere ignorant of the notar" &eing a dl" licensed notar" &ecase the"can !itness the notar"s signatre and seal on the docments the notar" notari!oman to s!eat going to (ail for not responding to "orletters%

G% The 34$s grant 97 da"s to defalt &t mst &e ans!ered that the" received it andackno!ledge it5 !ithin ;7 calendar da"s after receipt% The De&t validation letter is a#conterclaim$ as the" claim "o o!e a de&t5 so "o have a right to pt in a#conterclaim$ against them% The response time =in corts? for a conterclaim is ;calendar da"s and failre to respond in ; da"s reslts in a defalt (dgment%

I% After da"s from the time "o mailed the de&t validation letter5 mail the firstopportnit" to cre letter5 giving them a second chance to cre their #dishonor$ forfailing to ans!er "or demand for proof of claim% 3hen someone sends "o a demandit is a dishonor if "o have a contract !ith them to not respond and ans!er the6estions%

% After ; da"s from the time of their receipt of the De&t validation letter if the" don$trespond or if the" fail to ans!er each point "o !ill send them a NOT')E OFDEFA*+T that &arrs and estoppes them from claiming the" are the creditor and lent"o an" #mone"$%

AFTE4 "o send the defalt "o have the right to state the" &reached "or originalcontract for the mortgage% After all the mortgage paper!ork states @for a loan ' havereceived !hen in fact "o !ere never given a @loan5 the !ord @loan !as never definedin the docment =promissor" note?5 and the" have failed to prove "o actall" #&orro!ed$an" @mone" or even an" @credit from them% No! "o can la!fll" @cancel the deed oftrst for case% 3hat caseK the fact that the" didn$t have the elements of a la!flcontract in place5 ie% there !as no @fll disclosre or a @meeting of the minds !herein"o !ere told the" deposited "or #promissor" note$ and credited "o accont and created
http://www.usps.com/shipping/trackandconfirm.htmhttp://www.usps.com/shipping/trackandconfirm.htm


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the fnds from thin air that the" advanced to the #seller$% ;% the" didn$t give an" #vala&leconsideration$ 5 !hat did the" give "o of valeK 'n order for them to have given "o valethe" !old have to sffer a #loss$% )old the" claim the" !old sffer a loss if "o don$tpa" them mone" if the" created the mone" the" advanced from thin airK and ,% there !asonl" one signatre>atograph on the contract and an" contract !here "o are the onl"

signer "o can cancel it as "o don$t need there approval as the" didn$t sign it% ee Tomhaf$s Bankers Canal contained on this disc for a fll discssion on the &anking loan&siness% 'n addition to sending off the F'NA+ DEFA*+T "o send off the )ancelledDeed of Trst as noted &elo!%7% o "o take the )ertified cop" of the Deed of trst and stamp each page !ith the

cancellation stamp and make the docment nll and void throgh cancellation% ee theJ0 cancellation articles =J0 Foreclosre free? in this folder% 1o have to ask for the+oan application =origination? docments "o signed5 for "or #loan$ from the &ank andthe" !ill send "o copies% 1o !ill do the cancellation stamp on these as !ell as "oare canceling "or loan application docments as !ell%

% No! "o !ill need to file a NOT')E OF 04EE42AT'ON OF 'NTE4ET at the

cont" recorders office !ith a cop" of "or cancelled Deed of Trst5 and de&tvalidation letters stating that "o have an interest in the real propert" ="or homeidentified !ith the assessors information? for the total amont of the loan5 after all it!as "or promissor" note that created the fnds5 so "o are technicall" the #lender$%

;% 1o !ill also &enefit from proving the &ank sold "or mortgage to 3all street as aCortgage &acked secrit" and have a pooling and serviceing agreement !ith a #trst$%1o can get this information in a ecriti>!!!%consmerdefenseprograms%com> % C" friend =mortgage&roker? in )alifornia can do them% 1o !ill get #proof$ the" sold "or note and oncethe note and deed are separated the" have no la!fl athorit" to foreclose on thepropert"% Ho!ever in the !orld of evil5 !here the &ankers rn the contr"5 o!n thecontr"5 rn the corts5 and are ver" arrogant5 don$t &e srprised if the (dge refses to#see$ an" of "or #evidence$ and decides to keep it from &eing presented% 1o can havea #smoking gn$ and still not get (stice% Ho!ever there are plent" of (dges a!are ofthe total scam5 are disgsted !ith all the greed and are rling against the &ankers andtheir evil machinations% Have conviction5 hope and make "orself and "or interestskno!n%

,% 1o can tr" to do a freedom of information act re6est to the '4 to have them giveproof of the &ank getting paid the fll amont of the loan !hen it !as originated in theform of a ta form 7O'D =this !ill sho! "or secret stra!man accont paid theO4'/'ANA+ '*E D')O*NT- O'D? and the '4 form !ill sho! the" collected it%and again , "ears after the origination the" =the Bank? !ill appl" for a 7A =A La&andonement of the fnds and ac6isition of the fnds &" the &ank?5 lovel"5 the" getpaid the fll amont !hile claiming "o still o!e themK That is frad% 4emem&erevidence of their frad can land them in (ail5 "o can file an FB' complaint forfradlentl" stating that "o o!e them mone" !hen "o don$t5 "o can file a complaint!ith /" )ottrel the chief investigator for the * 0ostal ervice for #mail frad$%An"time someone lies and states "o have a de&t throgh the postal service &" sendingto "o in the mail it is mail frad and 6ite serios%


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o the a&ove is m" efforts at getting the &anks to fess p to &eing villains% ' have sent noticeslike the ones presented here and each and ever" time the &ank5 title compan" and &eneficiar"have failed to respond !ith an"thing other that ncertified copies of the statements ofpa"ments5 loan applications and deed of trst and promissor" notes &t never an" affidavit thatthe" #loaned$ an" of their mone" to the alleged #&orro!er$% The" !ill never give "o proof

to hang themselves !ith% The" like to state its "or falt that "o coldn$t pa" them the mone""o &orro!ed% ' agree5 ho!ever it$s their falt that the hose cost 8,775777 or 8775777 or!hatever5 &ecase !ithot the eas" mone" offered &" the &anks no one cold pa" that kind ofmone" and ever" seller !old have to settle for mch less% 3old that &e nice for "oK re!old5 't !old make the pa"ments to the seller =!ho shold get the mone" and interest? lessand ever"one !old &enefit% The seller !old have a tre right to foreclose &ecase he lent hisla&or5 not mone" printed p for free and the admonition of the Bi&le @the &orro!er iss&servient to the lender !old hold tre% 1o have to actall" #&orro!$ real mone"5 realla&or5 real vale &efore "o can &e a #&orro!er$% The &ankers have cased ever" !ar5 ever"famine5 ever" depression5 ever" malad" all in the effort to ac6ire !ealth%

The recorder !ill have the Deed of Trst and "o need a #certified cop"$%The first nm&er !ill &e the "ear =i%e% ;77-7I9I !old &e the "ear ;77?% Ask the )lerkfor help finding it5 and for a @certified cop" it costs more &t is proof of &eing an eact cop"of the original and !ill &e stamped to sho! it is a @certified cop" %'f "o have tro&le !ith "or )ont" 4ecorder filing docments "o can get them filed onlinein teas &" sending the #originals$ and the" !ill stamp them and retrn them to "o and postthem in a pdf form for #all$ to see on the !e&% Then "o cold post "or legal notice in thene!spaper 6alified for rnning legal notices and reference "or online postingK 3orth a shot%4ecord online here: !!!%nationalrep&licregistr"%com> the" charge 8I for the stpage and8; for each additional page5 a lot cheaper than the )ont" 4ecorder &t the cont" is thea&lsolte preferred place to give notice%

WHERE DOES THE FR!D "E#$%& F"$ F$'ESThis docment is meant to take the reader do!n a road the" have likel" never traveled% This is a la"man$seplanation of !hat has &een happening in this contr" that most have no idea or inkling of% 't is intended to givethe reader an overvie! of a s"stemic Frad in this contr" that has reached epic proportions and0rovoke action to eradicate this scorge that has descended pon the people of America% Depending on !hat "orsitation is5 "o5 anger or otright disgst at !hat "o are a&ot to learn% The follo!ing information is spported!ith facts5 ehi&its5 and la! and is not mere opinion% +et$s start or (orne" of discover" !ith the prchase of ahome and s&se6ent steps in the financial process throgh the life ofthe @mortgage loan% 't all starts at the @closing !here !e gather !ith other people that are @involved in theprocess to sign the docments to prchase or ne! home% Do !e reall" kno! !hat goes on at the closingK Are !eever told !ho all the participants are in that entire processK Are !e trl" given @fll disclosre of all the variosaspects of that entire transaction regarding !hat5 for most people5 is the single largest prchase the" !ill make intheir entire lifeK +et$s start !ith the ver" first part of the transaction% 3e have a virtal stack of papers placed infront of s and !e are instrcted !here !e are spposed to start signing or initialing on those @closingdocments% There seems to &e so man" different docments !ith enogh legal langage that !e cold read forhors (st to get throgh them the first time5 mch less &egin to fll" nderstand them% Are !e given a cop" of allthese docments at least G da"s prior to the closing so !e can read and std" these docments so !e fll"nderstand !hat it is that !e are signingKAnd agreeing toK That has never happened for the average consmer and prchaser of a propert" in the last ,7"ears or more if it ever has at all% 3H1K 3e have a stack of docments placed &efore s at the @closing that !e


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haven$t ever seen &efore and are instrcted !here to sign or initial to complete the transaction and @get or ne!home% 3e depend on the real estate agent5 in most cases5 to &ring the parties together at the closing after !e havespplied enogh financial data and other re6ested information sothat the @lender can determine !hether !e can 6alif" for or @loan% O&viosl" !e have the @three da" right ofrescission &t do !e reall" stop to read all the docments after !e have (st prchased or home and !ant tomove inK 's the thoght that there might &e something !rong !ith !hat !e have (st signed aprimar" thoght in or mind at that timeK Did !e trst the people involved in the transactionK Are !e natrall"focsing on getting moved into or ne! home and getting settled !ith or famil"K3ho are the pla"ers involved in the transaction from the perspective of the consmer prchasing a propert" andsigning a @Cortgage Note and @Deed or similar @ecrit" 'nstrment at the closingK There is5 of corse5 theseller5 the real estate agent=s?5 title insrance compan"5 propert" appraiser !ho is spposed toproperl" determine the vale of the propert"5 and the most o&vios one &eing !ho !e &elieve to &e @the lender inthe transaction% 3e are led5 &" all involved5 to &elieve that !e are5 in fact5 &orro!ing mone" from the @lender!hich is then paid to the crrent o!ner of the propert" as compensation for themrelin6ishing an" @claim of o!nership to the propert" and transferring that @claim of o!nership to s as theprchaser% 't all seems so simple and clear on its face and then the transaction is completed% After the @closingever"one is all smiles and "o &elieve "o have a ne! home and have to r epa" the @lender5 over a period of"ears5 the mone" !hich "o &elieve "o have @&orro!ed%' THE4E OCETH'N/ 3E DON$T NO3KEver"thing appears to &e relativel" simple and straightfor!ard &t is that reall" the caseK )old it &e that there are

other pla"ers involved in this !hole transaction that !e kno! nothing a&ot thathave a ver" s&stantial financial interest in !hat has (st occrredK )old it &e that those pla"ers that !e aretotall" that falls into the categor" of criminal condctK 't is !ell-esta&lished la! that Frad vitiates =makes void?an" contract that arises from it% Does this mean that this intentional @lack of disclosre of the tre natre of thecontract !e have entered into is Frad and !old make the mortgage contract voidKon its faceK )old it &e that the Frad cold actall" &e @stdied concealment or misrepresentation that makesthose involved in the act responsi&le and acconta&leK 3hat happens to the @Note once it is deposited in the&ank and is converted to @mone"K Are there different kinds of mone"K There is mone" of echange and mone"of accont% The" are t!o ver" different things% ee attached =Ehi&it @B para ?5 Affidavit of Epert 3itness3alker Todd% 3alker Todd eplains in his epert !itness affidavit that the &anks actall" do convert signatresinto mone"% The definition of @mone" according to the *niform )ommercial )ode: "Money" means a medium ofexchange 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% Cone" can actall" &e in different forms other than !hat !e areaccstomed to thinking% 3hen "o sign "or name on a promissor" note it &ecomes mone" !hether "o aretalking a mortgage note or a credit card applicationM Did the &ankers ever @disclose this to sK 3ere !e evertaght an"thing a&ot this in the school s"stem in this contr"K )old it &e that this !hole idea of &eing a&le toconvert or signatre to mone" is a @stdied concealment or @misrepresentation !here those involved &ecomeresponsi&le if !e are harmed &" their actionsK 3hat "or home and the" come at a later date and foreclose andtake it from "oK 3old "o consider "orself to &e harmed in an" !a"K 3e !ill &ring this p again ver" shortl"&t !e need to look at the other docment that is signed at the @closing that is of great significance%

THE DEED OF TR!ST3h" do !e need a Deed of TrstK 3hat eactl" ' a Deed of Trst or other similar @ecrit" 'nstrmentK 'tspells ot all the details of the contract that "o are signing at the @closing5 inclding sch things as insrancere6irements5 preservation and maintenance and all of the financial details of ho!5 !hen5 !here and !h" "o aregoing to make pa"ments to the @lender for "ears and "ears% 3ait a minteMMMMM Cake pa"ments to the

@lenderKKKK 3h" do "o have to make pa"ments to the @lenderKKK Didn$t !e (st esta&lish the fact that "orhose !as paid for &" 1O*5 !ith "or @Cortgage Note that is converted to mone" &" THE BANDE0O'T'N/ 'TK 's there something !rong !ith this pictreK 3e have (st paid for or @home &t no! !e aretold !e have to sign a Deed of Trst or similar @ecrit" 'nstrment that &inds s to pa" the @lender &ackK 0a"the @lender &ack for !hatK Did the" loan s an" mone"K 4emem&er the part a&ot &anks not &eing a&le to loan@their or their depositors mone" nder FEDE4A+ +A3K 3hat a&ot: @'n the federal corts5 it is !ellesta&lished that a national &ank has no po!er to lend its credit to another &" &ecoming sret"5 indorser5 orgarantor for him%Farmers and Miners Bank v. Bluefield Nat l Bank5 F ;d I,5 ;G *%% 99 @A national&ank has no po!er to lend


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its credit to an" person or corporation%Bowen v. Needles Nat. Bank5 F ;5 ,9 ))A ,5 certiorari denied in;7 %)t 7;5 G9 * 9I;5 +ED 9,GK 3hat is happening here !ith this @Deed of Trst or similar @ecrit"'nstrment that sa"s !e have to pa" all this mone" &ack and if !e don$t5 the" can foreclose and take or homeK3h" do !e have to have this kind of agreement !hen !e have alread" paid for or home throgh or @CortgageNote !hich !as converted to mone" B1 THE BANK )old this possi&l" &e another eample of @stdiedconcealment or misrepresentation !here those involvedcold &e held acconta&le for their condctK 3hat happens to this Deed of Trst or similar @ecrit" 'nstrmentafter !e sign itK 3here does it goK Does it go into the valt for safekeeping like !emight thinkK ee attached Ehi&it @) for s&stantiall" more information%3HO A4E THE OTHE4 0+A1E4K 3e have alread" fond ot that the @Note doesn$t go into the valtfor safe keeping &t instead is deposited into an accont at the &ank and &ecomes mone"% 3here does the Note gothenK This is !here things get 2E41 interesting &ecase "or @Cortgage Note is then sed to access "orTreasr" Accont =that "o kno! nothing a&ot? and get credit in the amont of "or Cortgage Note from "or@0repaid Treasr" Accont% 'f the" process the @Note and get paid for it then the" have received the fnds from1O*4 accont at Treasr" to pa" for 1O*4 home correctK The" then trn arond and &ndle the @Note and sellit to investors on 3all treet and get paid againM No! let$s see !hat happens to the @Deed of Trst or similar@ecrit" 'nstrment after "o have signed it% 1o ma" &e 6ite srprised to kno! that not onl" does it not gointo @safekeeping it is immediatel" O+D as an 'N2ETCENT E)*4'T1 to one of an" nm&er of investorstied to 3all treet% There is a read"5 and !aiting5 market for all of the @mortgage paper that is prodced &" the&anks% 3hat happens is the @Deed

of Trst or other similar @ecrit" 'nstrment is &ndled and O+D to a &"er and the BAN /ET 0A'DFO4 THE 2A+*E OF THE CO4T/A/E A/A'NMM Haven$t the &ankers (st transferred an" riskon that mortgage to someone else and the" have their mone"K That is a prett" slick !a" of doing thingsM The"A+3A1 get their mone" right a!a" and ever"one else connected to the transactionhas the lia&ilitiesM 's there something !rong !ith TH' pictreK Ho! can it possi&l" &e that the &ank has no!&een paid three times in the amont of "or @prported mortgageK Ho! is it that "o still have to pa" "ears and"ears on this @prported loanK 3as an" of this disclosed to "o &efore "o signed the @Deed of Trst or othersimilar @ecrit" 'nstrmentK 3old "o have signed AN1 of those docments inclding the @Cortgage Noteif "o kne! that this is !hat !as actall" happeningK Do "o think there !ere an"@copies of the @Cortgage Note and @Deed of Trst or other similar @ecrit" 'nstrment made dring thisprocessK Are those @copies (st for the records to &e pt in a file some!here or is there another prpose forthemK)AN 4E04OD*)'N/ A NOTE O4 DEED OF T4*T BE '++E/A+K

3e have alread" esta&lished that the @Cortgage Note and the @Deed of Trst or other similar @ecrit"'nstrment are @ecrities &" definition nder the la!% ecrities are reglated &" the ecrities and Echange)ommission !hich is an agenc" of the Federal /overnment% There are ver" strict reglations a&ot !hat can andcannot &e done !ith @ecrities% There are ver" strict reglations that appl" to the reprodction or @cop"ing of@ecrities: The )onterfeit Detection Act of ;5 0&lic +a! 7; 75 in ection of Title , of the )ode

of Federal 4eglations5 permits color illstrations of *%% crrenc" provided: The illstration is of a si


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Title () !S* + ,1 Dealing in counter/eit o0ligations or securities3hoever &"s5 sells5 echanges5 transfers5 receives5 or delivers an" false5 forged5 conterfeited5 or alteredo&ligation or other secrit" of the *nited tates5 !ith the intent that the same &e passed5 p&lished5 or sed as treand genine5 shall &e fined nder this title or imprisoned not more than ;7 "ears5 or &oth%

Title () !S* + ,, 2lates3 stones3 or analog3 4igital3 or electronicimages for counterfeiting obligations or securities 3hoever5 !ith intent to defrad5 makes5 eectes5 ac6ires5

scans5 captres5 records5 receives5 transmits5 reprodces5 sells5 or has in sch person$s control5 cstod"5 orpossession5 an analog5 digital5 or electronic image of an" o&ligation or other secrit"of the *nited tates is gilt" of a class B felon"%Are these reglations al!a"s adhered to &" the @lender !hen the" have possession of these @originalE)*4'T'E and make reprodctions of them &efore the" are @sold to investorsK Ho! mch has &een in themedia in the past ; "ears a&ot people demanding to see the @!et ink signatre Note !hen there is aforeclosre action initiated against themK 1o hear it all the time% 3h" is that sch a &ig isseK holdn$t the@lender &e a&le to (st &ring the @Note and the @Deed of Trst or similar @ecrit" 'nstrment to the )ort andsho! that the" have the original docments and are the @holder in de corse and therefore have a legal right toforecloseK To foreclose the" mst have BOTH the @Cortgage Note and @Deed of Trst or other similar@ecrit" 'nstrment O4'/'NA+ DO)*CENT in their possession at the timethe foreclosre action is initiated% Frthermore5 ' there a real honest to goodness o&ligation to &e collected onK3h" is it that there is sch a pro&lem !ith @lost Cortgage Notes as is claimed &" nmeros lenders that are

tr"ing to foreclose toda"K Ho! cold it &e that there cold &e so man" @lost docments all of a sddenK )old it&e that the docments !eren$t reall" lost at all5 &t !ere actall" trned into a sorce of revene that !as neverdisclosed as &eing a part of the transactionK To &elieve that so man" @original docments cold &e legitimatel"@lost in sch a short period of time stretches the credi&ilit" of schclaims &e"ond &elief% )old this &e the reason that CE4 =Cortage Electronic 4egistration "stems? !as formedin the 7$s as a !a" to spposedl" @transfer o!nership of a mortgage !ithot having to have the @originaldocments that !old &e re6ired to &e presented to the varios cont" recordersK )old it &e the" NE3THE1 3O*+DN$T HA2E THE O4'/'NA+ DO)*CENT FO4 4E)O4D'N/ and had to devise a s"stem toget arond that re6irementK 3hen the foreclosre action is filed in the cort theattorne" for the prported @part" of interest5 sall" the @lender !ho is foreclosing5 files a @)O01 of the@Deed of Trst or similar @'nvestment ecrit" !ith the )omplaint to &egin foreclosre proceedings% 's that@)O01 of the @ecrit" 'nstrment !ithin the @reglations of Federal +a! nder I *%%)% GK 's itsall" the same si


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Jdge )hristopher A% Bo"ko of Ohio5 !ho on Octo&er ,5 ;77G dismissed foreclosre actions at one time !ithscathing footnote comments a&ot the actions of the 0laintiffs and their attorne"s% ee =Ehi&it @E?% Not longafter that came the dismissal of ;9 foreclosre cases in Ohio &" *%% District )ort Jdge Thomas C% 4ose !horeferenced the Bo"ko rling in his decision% ee =Ehi&it @F?% Ho! man" other (dges have not &een so &rave asto stand on the principles of la! as Jdges Bo"ko and 4ose did5 &tneed to start doing so TODA1K Has an" of this foreclosre activit" crossed state lines in commnications or otheractivitiesK Have there &een at least t!o predicate acts of Frad &" the parties involvedK Have the people involvedsed an" t"pe of electronic commnication in this Frad sch as telephone5 faing or emailK 't is o&vios thatthose 6estions have to &e ans!ered !ith a resonding 1EM 'f that is the case5 then the Frad that has &eendiscssed here falls nder the 4')O stattes of Federal +a!% Didn$t the" eventall" take do!n the mo& for4acketeering nder 4')O stattes "ears agoK 's it time to take do!n the @NE3 COB !ith 4')O once againKHo! cold this kind of sitation ever occr in this contr"K)old it &e that this !hole entire process cold &e @stdied concealment or misrepresentation !here the partiesinvolved are responsi&le nder the la! for their condctK )old it &e that it is no @accident that so man" @!et inksignatre Notes cannot &e prodced to &ack p the foreclosre actions that are devastatingthis contr"K )old it &e that the over!helming se of )O*NTE4FE'T E)*4'T'E5 as prported evidence of ade&t in foreclosre cases5 is B1 DE'/N and @stdied concealment or misrepresentation so as to strip the peopleof this contr" of their propert" and assetsK )old it &e that a 2E41 s&stantial nm&er of Banks5 Cortgage)ompanies5 +a! Firms and Attorne"s are gilt" of otright massive Frad5 not onl" against the people of thiscontr"5 &t of massive Frad on the )ort as !ell &ecase of this

)O*NTE4FE'T'N/K Ho! cold one possi&l" come to an" other conclsion after learning the facts andnderstanding the la!K Ho! man" other people are implicated in this CA'2E F4A*D sch as Trstees andheriffs that have sold literall" millions of homes after foreclosre proceedings &ased on these )O*NTE4FE'TE)*4'T'E s&mitted as evidence of a prported o&ligationK Ho! man" (dges kno! a&ot this Fradhappening right in their o!n cortrooms and never did an"thingK Ho! man" of them haveactall" &een 0A'D for making (dgments on foreclosresK 3oldn$t that &e a felon" or at the ver" least5misprision of felon"5 to kno! !hat is going on and not act to stop it or make it kno!n to athorities in a positionto investigate and stop itK Ho! is it that so man" &anks cold recover financiall"5 so rapidl"5 from the financialde&acle of ;77I75 !ith foreclosres still rnning at record levels5 and "et pa" &ack tapa"er mone" that !assho!ered on them and do it so 6ickl"K )old it &e that !hen the" take &ack a propert" in foreclosre !here the"never risked an" mone" and actall" !ere n(stl" enriched in the previostransaction5 that it is eas" to make hge sms &" reselling that propert" and then &eginning the !hole@*nconsciona&le process all over again !ith a ne! @&orro!erK Ho! is it that (st three "ears ago a loan !as

availa&le to virtall" almost an"one !ho cold @fog a mirror !ith no docmentation of income or a&ilit" to repa"a loanK )ommon sense makes "o ask ho! @lenders cold possi&l" take those kinds of risks% )old it &e that thea&ilit" to @repa" a loan !as not an isse at all for the lenders &ecase the"!ere going to get their profits immediatel" and risk a&soltel" nothing at allK )old it &e that5 if an"thing5 the"stood to make even more mone" if a person defalted on the @alleged loan in a short period of timeK The" coldliterall" o&tain the propert" for nothing other than some legal fees and cort filing costs throghforeclosre% The" cold then resell the propert" and reap additional n(st profits once againM One does not needto have &een a finance ma(or in college to figre ot !hat has &een happening once "o are enlightened to theFA)T%3HAT A)T'ON HA2E 0EO0+E TAEN TO A2O'D +O'N/THE'4 HOCE 'N FO4E)+O*4EKThere have &een a nm&er of different actions taken &" people to keep from losing their homes in foreclosre% Thefirst and most !idel" sed tactic is to demand that the part" &ringing the foreclosre action does5 in fact5 have the

standing to &ring the action% The most important isse of standing is !hether that part" has actal possession ofthe @original !et ink signatre docments from the closing sho!ing the" are the @holder in de corse% Aspreviosl" mentioned5 in almost A++ cases the 0laintiff &ringing the action refses to make these docmentsavaila&le for inspection &" the Defendant in the foreclosre action so the" can5 in fact5 determine the athenticit"of those docments that are claimed to &e @original and prportedl" giving the legal right to foreclose% The factthat the )orts allo! this to happen repeatedl"!ithot demanding the 0laintiff &ring the !et ink signatre docments into the cort for inspection &" theDefendant5 &egs the 6estion of !hether some of the (diciar" are involved in this Frad% 3here is de processnder the la! for the Defendant !hen the 0laintiff is NOT 4E*'4ED &" the )ort to meet that &rden of proof


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of standing5 !hen demanded5 to &ring their action of foreclosreK One other option that has &een sed more andmore fre6entl" in recent months to deal !ith foreclosre actions is the issing of a@Bonded 0romissor" Note or @Bill of Echange as pa"ment to the alleged @lender as satisfaction of an"amonts allegedl" o!ed &" the Defendant% As !as earlier descri&ed5 a @Note is mone" and as the &anksdemonstrated after the closing5 it can &e deposited in the &ank and converted to mone"% OCE of the @Bonded0romissor" Notes and @Bills of Echange are5 in fact5 negotiated and credit is given to the acconts specifiedand all trns ot !ell% ee =Ehi&it @B para ;? The pro&lem that has occrred is that CAN1 of the @lenders sa"that the @Bonded 0romissor" Notes and @Bills of Echange are &ogs docments and are !orthless andfradlent and the" refse to give credit for the amont of the @Note the" receive as pa"ment of an alleged de&teven thogh the" are given specific instrctions on ho! to negotiate the @Note% 'sn$t it interesting that THE1 cantake a @Note that THE1 print and pt &efore "o to sign at the closing ta&le and deposit it in the &ank and it isconverted to mone" immediatel"5 &t the @Note that 1O* isse is !orthless and fradlentK The onl" differenceis 3HO 04'NT THE NOTEMMMM The" are &oth signed &" the same @&orro!er and it is that person$s credit that&acks that @Note%The @lenders don$t !ant the people to kno! the" can se "or @0repaid Treasr" Accont5 (st as the &anks do!ithot "or kno!ledge and consent% ee =Ehi&it @D? for more information on@Bills of Echange% The factthat OCE of the @Bonded 0romissor" Notes are negotiated and acconts are settled5 proves &e"ond a shado! ofa do&t that the" are legal E)*4'T'E (st like the one that the &ank got from the @&orro!er at the closing%3h" then aren$t A++ of the @Notes processed and credit given to the acconts and the foreclosre dismissedKBecase &" doing so "o !old &e lo!ering the National De&t and the &ankers !old make less mone"MMMM One

ver" interesting thing that happens !ith these @Bonded0romissor" Notes or @Bills of Echange that are s&mitted as pa"ment5 is that the" are 2E41 4A4E+14ET*4NED TO THE '*E4 "et credit is not given to the intended accont% The" are not retrned5 and theisser is told the" are @&ogs5 fradlent and !orthless &t the" are NOT 4ET*4NEDM 3h" !old someonekeep something that is allegedl" @&ogs5 fradlent and !orthlessK )old it &e that the" are instances% Therecold &e no other eplanation for the failre to retrn the allegedl" @!orthless docments 3H')H A4EA)T*A++1 E)*4'T'EMMM Does the fact that the" keep the @Note that !as s&mitted and refse to credit theaccont that it !as !ritten to satisf"5 rise to the level of THEFT OF E)*4'T'EK This is (st one more eampleof the Frad that is so o&vios% This is &t one more eample of the rthless natre of those !ho !old defradthe people of this contr"% )ON)+*'ON One of the incredi&le aspects of this !hole de&acle is the fact that thever" people !ho are participants in this Frad are victimsas !ell% Ho! man" &ank emplo"ees5 (dges5 cort clerks5 la!"ers5 process servers5 heriffs and others havemortgagesK Ho! man" of the people !ho !ork in la! offices5 )orthoses5 heriffs Departments and other

entities that are directl" involved in this Frad have &een fradlentl" foreclosed on themselvesK Ho!NOT 4EA++1 @BO/*5 F4A*D*+ENT AND 3O4TH+E and the @lender has5 in fact5 actall"negotiated them for 1ET E2EN CO4E *NJ*T EN4')HCENTK That is eactl" !hat happens in man" man"people in or militar"5 la! enforcement5 firefighting and medical fields have lost their homes to this FradK Ho!man" of "or friends or neigh&ors have lost their homes to these fradlent foreclosresK Ever"one !ho has amortgage is a 2')T'C of this frad &t some of the most honest5 trsting5 hardest!orking and most dedicated people in this contr" have &een the &iggest victims% 3ho are those !ho have &eenthe ma(or &eneficiaries of this massive FradK Those !ith the @sperior kno!ledge that ena&les them to takeadvantage of anotherPs ignorance of the la! to deceive them &" @stdied concealment ormisrepresentation% This grop of &eneficiaries incldes man" on 3all treet5 large investors5 and mostnotoriosl"5 the &ankers at the top and the la!"ers !ho !ork so hard to enhance their profitsand protect the Frad &" them from &eing eposed% The time has no! come to make those having speriorkno!ledge !ho HA2E taken advantage of anotherPs ignorance of the la! to deceive them

&" stdied concealment or misrepresentation to &e held responsi&le for that condct% This isn$t (st an idea% 't isTHE +A3 and it is time to enforce it starting !ith the criminal aspect of the fradM *nder the doctrine of@4espondeat perior the people at the top of these organi


10/48

agencies in this contr"% 'f "o are in la! enforcement it is 1O*4 D*T1 to take !hat "o have &een given hereand move for!ard !ith "or o!n intense investigation androot ot the Frad and stop the theft of people$s homes% 1or failre to do so !old make "o an accessor" to thefrad throgh "or inaction no! that "o have &een noticed of !hat is occrring% 'f "o are an attorne" andreceive this information it !old do "o !ell to take it to heart5 and nderstand there is no place for "orparticipation in this Frad and if "o participate "o !ill likel" &ecome lia&le for s&stantial damages5 if not moresevere conse6ences sch as prison% 'f "o are in the (diciar" "o !olddo !ell to start follo!ing the letter of the la! if "o haven$t &een5 and start making A++ of those in "or )ort dolike!ise5 lest "o find "orself looking for emplo"ment as so man" others are5 if "oare not incarcerated as a reslt of "or participation in the frad% 'f "o are part of the la! enforcementcommnit" that enforces legal matters regarding foreclosre "o !old do !ell to make sre that A++ thingshave &een done legall" and properl" rather than (st taking the position @' am (st doing m" (o& and trn a &linde"e to !hat "o no! kno!% 'f "o are a &anker5 "o mst kno! that "o are no! going to start &eing heldacconta&le for the destrction "o have !reaked on this contr"% 1o have ever" right to &e5 and shold &e5afraidQQ%ver" afraid% 'f "o are one of the rthless foreclosre la!"ers that has pra"ed on the nmeros people!ho have lost their homes5 "o need to &e afraid also% 2er"5 2E41 afraid% 3hen people learn the trth a&ot!hat "o have done to them "o can epect to see retaliation for !hat "o havedone% 0eople are going to !ant to see those !ho defraded them &roght to (stice% !hese are not threats by any

stretch of the imagination% These are ver" simple o&servations and the std" of hman &ehavior sho!s s that!hen people find ot the" have &een defraded in sch a grand manner as this5 the" tend to

&ecome rather angr" and search for those !ho perpetrated the frad pon them% The foreclosre la!"ers and the&ankers !ill &e standing clearl" in their sights% The 6estion of 3HE4E DOE THE F4A*D BE/'N has &eenans!ered% 't &egan right at the closing ta&le and !as perpetated all the !a" to the loss of propert" throghforeclosre or the incredi&le pa"ment of ;7 or ,7 "ears of pa"ments and interest &"the alleged @&orro!er to those !ho !old conspire to commit Frad5 collsion and conterfeiting and practice@stdied concealment or misrepresentation for their o!n n(st enrichment% The simplest of analogies: 3hat!old happen if "o !ere to make a copy of a 877 Federal 4eserve Note and go to 3almart and attempt to se itto fradlentl" ac6ire items that "o !antedK 1o more than likel" !old &e arrested and charged !ithconterfeiting nder Title I *) G and go to prison% 3hat isthe difference5 other than the magnitde of the frad5 &et!een that scenario and someone !ho makes a copy of amortgage secrit"5 and sing it throgh foreclosre5 attempts to fradlentl" ac6ire a propert"K holdn$t the" &etreated eactl" the same nder the la!K The ans!er is o&vios and no! it is starting to happen% !itle # $%& '()( 3hoever5 !ith intent to defrad5 makes5 eectes5 ac6ires5 scans5 captres5 records5 receives5 transmits5

reprodces5 sells5 or has in sch person$s control5 cstod"5or possession5 an analog5 digital5 or electronic image of an" o&ligation or other secrit" of the *nited tates isgilt" of a class B felon"% RFrad vitiates the most solemn )ontracts5 docments and even (dgmentsR S*%% vs%Throckmorton5 I * 95 at pg% 9% @'t is not necessar" for rescission of a contract that the part" making themisrepresentation shold have kno!n that it !as false5 &t recover" is allo!ed even thogh misrepresentation isinnocentl" made5 &ecase it !old &e n(st to allo! one !ho made false representations5 even innocentl"5 toretain the frits of a &argain indced &" sch representations% S3hipp v% 'verson5 , 3is ;d 99% RAn" falserepresentation of material facts made !ith kno!ledge of falsit" and !ith intent that it shall &e acted on &" anotherin entering into contract5 and !hich is so acted pon5 constittes Pfrad5P and entitles part" deceived to avoidcontract or recover damages%R Barnsdall 4efining )orn% v% Birnam 3ood Oil )o% ; F ;9 IG% A thorogh readingof the attached ehi&its !ill enlighten one even more5 inclding Ehi&it @/%+isting of Attached Ehi&its A% Deedof Trst Template From Freddiemac%com =)alifornia? B% Affidavit of 3alker Todd Epert 3itness )%Cemorandm of +a! Bank Frad D% Cemorandm of +a! 0oints of Athorit" Bills of Echange E% *% %

District )ort Jdge )hristopher A% Bo"ko Decision F% *% % District )ort Jdge Thomas C% 4ose Decision /%ecriti


11/48

0laintiff5 ? Hon% E%% osnick?v% ? AFF'DA2'T OF 3A+E4 F% TODD5? E.0E4T 3'TNE FO4 DEFENDANTHA4HA2A4DHAN DA2E and ?04AT'CA DA2E5 (ointl" and severall"5 ??Defendants% ?VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVHarshavardhan Dave and 0ratima H% Dave Cichael )% Hammer =0G7?)>o ;I Echo 4oad 4"an O% +a!lor =099,?Bloomfield Hills5 C' I,7; Dickinson 3right 0++)Defendants5 in propria persona Attorne"s for Bank One5 N%A%77 3ood!ard Avene5 ite 777Detroit5 Cichigan I;;9=,,? ;;,-,77No! comes the Affiant5 3alker F% Todd5 a citi


12/48

especiall" since the ,7s% 'n classical economic theor"5 once economic echange has moved &e"ond the &arterstage5 there are t!o t"pes of mone": in &oth Erope and the *nited tates5 confsion a&ot the distinctiveness ofthese t!o concepts has led to persistent attempts to treat mone" of accont as the e6ivalent of mone" ofechange% 'n realit"5 especiall" in a fractional reserve &anking s"stem5 a comparativel" small amont of mone" ofechange =e%g%5 gold5 silver5 and official crrenc" notes? ma" spport a vastl" larger 6antit" of &sinesstransactions denominated in mone" of accont% The sm of these transactions is the sm of credit etensions inthe econom"% 3ith the eception of cstomar" stores of vale like gold and silver5 the monetar" &ase of theeconom" largel" consists of credit instrments% gainst this 0ac7groun43 $ conclu4e that the %ote3 4es8itesome language a0out >la/ul money? e58laine4 0elo3 clearly contem8lates 0oth 4is0ursement o/ /un4s

an4 e6entual re8ayment or settlement in money o/ account =that is3 money o/ e5change oul4 0e elcome

0ut is not reAuire4 to re8ay or settle the %ote@< The factal &asis of this conclsion is the reference in theDis&rsement 4e6est and Athori


13/48

present case5 is as follo!s: As commercial &anks and discont hoses =private &ankers? &ecame esta&lished inparts of Erope =especiall" /reat Britain? and North America5 &" the mid-nineteenth centr" the" commonl"made loans to &orro!ers &" etending their o!n credit to the &orro!ers or5 at the &orro!ers$ direction5 to thirdparties% The t"pical form of sch etensions of credit !as drafts or &ills of echange dra!n pon themselves=claims on the credit of the dra!ees? instead of, dis&rsements of &llion5 coin5 or other forms of mone"% 'n transactions !ith third parties5 these drafts and &illscame to serve most of the ordinar" fnctions of mone"% The third parties had to determine for themselves !hethersch @credit mone" had vale and5 if so5 ho! mch% The Federal 4eserve Act of , !as drafted !ith thismodel of the commercial econom" in mind and provided at least t!o mechanisms =the discont !indo! and theopen market trading desk? &" !hich certain t"pes of &ankers$ credits cold &e echanged for Federal 4eservecredits5 !hich in trn cold &e !ithdra!n in la!fl mone"% )redit at theFederal 4eserve eventall" &ecame the principal form of monetar" reserves of the commercial &anking s"stem5especiall" after the sspension of domestic transactions in gold in ,,% Ths5 credit mone" is not alien to thecrrent official monetar" s"stem it is (st rarel" sed as a device for the creation of Federal 4eserve credit that5 intrn5 in the form of either Federal 4eserve notes or &anks$ deposits at Federal 4eserve Banks5 fnctions as mone"in the crrent monetar" s"stem% 'n fact5 a means &" !hich the Federal 4eserve epands the mone" sppl"5 loosel"defined5 is to set &anks$ reserve re6irements =crrentl"5 sall" ten percent of demand lia&ilities? at levels that!old encorage &anks to etend ne! credit to&orro!ers on their o!n &ooks that third parties !old have to present to the same &anks for redemption5 thsleading to an epansion of &ank-created credit mone"% 'n the modern econom"5 man" non-&ank providers of credit

also etend &ook credit to their cstomers !ithot previosl" setting aside an e6ivalent amont of monetar"reserves =credit card line of credit access checks issed &" non-&anks are a good eample of this t"pe of credit?5!hich also cases an epansion of the aggregate 6antit" of credit mone"% The discssion of mone" taken fromFederal 4eserve and other modern sorces in paragraphs et se6% isconsistent !ith the accont of the origins of the se of &ank credit as mone" in this paragraph%DC%*ES OF "%K *RED$T S THE E!$C'E%T OF MO%E; % 0laintiff apparentl" asserts thatthe Defendants signed a promise to pa"5 sch as a note=s? or credit application =collectivel"5 the @Note?5 inechange for the 0laintiff$s advance of fnds5 credit5 or some t"pe of mone" to or on &ehalf of Defendant%Ho!ever5 the &ookkeeping entries re6ired &" application of /AA0 and the Federal 4eserve$s o!n !ritingsshold trigger close scrtin" of 0laintiff$s apparent assertions that it lent its fnds5 credit5 or mone" to or on &ehalfof Defendants5 there&" casing them to o!e the 0laintiff 8775777% According tothe &ookkeeping entries sho!n or other!ise descri&ed to me and application of /AA05 the Defendants allegedl"!ere to tender some form of money =@la!fl mone" of the *nited tates of America is the t"pe of mone"

eplicitl" called for in the Note?5 secrities or other capital e6ivalent to mone"5 fnds5 credit5 or something elseof vale in echange =mone" of echange5 loosel" defined?5 collectivel" referred to herein as @mone"5 to repa"!hat the 0laintiff claims !as the money lent to the Defendants% $t is not an unreasona0le argument to state that2lainti// a88arently change4 the economic su0stance o/ the transaction /rom that contem8late4 in the

cre4it a88lication /orm3 agreement3 note=s@3 or other

similar instrument=s@ that the De/en4ants e5ecute43 there0y changing the costs an4 ris7s to the De/en4ants >7G,% American Brokers )ondit v% UACA++OA - Jdge )HA) ;IJan;77I Arora +oan ervices v%CA)0HE4ON - Jdge FA4NET' Car;77I% @A &ank ma" not lend its credit to another even thogh sch a transaction trns ot to have &een of &enefit tothe &ank5 and in spport of this a list of cases might &e cited5 !hich-!old look like a catalog of ships%SEmphasis added Norton /rocer" )o% v% 0eoples Nat% Bank5 E 7% 2a %% @'n the federal corts5 it is !ell esta&lished that a national &ank has not po!er to lend its credit to another &"&ecoming sret"5 indorser5 or garantor for him%P Farmers and Ciners Bank v% Blefield Nat Pl Bank5 F ;d I,5;G *%% 99%

9% Bank of Ne! 1ork v% 'N/H - Jdge *4TU Dec;77GG% Bank of Ne! 1ork v% TO44E - Jdge )OTE++O Car;77II% Bank of Ne! 1ork v% O4O)O - Jdge )HA) Nov;77G )iti Cortgage 'nc% v% B4O3N - JdgeFA4NET' ,Car;77I% @The doctrine of ltra vires is a most po!erfl !eapon to keep private corporations !ithin their legitimatespheres and to pnish them for violations of their corporate charters5 and it pro&a&l" is not invoked too oftenQ%Uinc )ar&onate )o% v% First National Bank5 7, 3is ;5 G N3 ;;% American Epress )o% v% )iti ;77IN1lipOp77,,*> - Jdge )HA) Jan ;77I% HB) v% 2alentin - Jdge )HA) calls them liars and dismisses 3'TH pre(dice \\9% Detsche Bank v% )+O*DEN > ;77GN1lipOp G9G*> Jdge )HA) Iep;77GG% Detsche Bank v% EUA/*' - Jdge )HA) ;Dec;77G Detsche Bank v% /4ANT - Jdge )HA);Apr;77I Detsche Bank v% HA44' - Jdge )HA) 7Fe&;77II% Detsche Bank v% +a)rosse5 )ede5 DT) )omplaint

% Detsche Bank v% N')HO++ - Jdge *4TU ;Ca";77I Detsche Bank v% 41AN - Jdge *4TU;Jan;77I Detsche Bank v% AC0ON - Jdge *4TU 9Jan;77I;7% Detsche v% Carche - Order to ho! )ase to 2A)ATE Jdgment of Foreclosre W Jne;77;% /CA) Cortgage ++) v% CATTHE3 - Jdge *4TU 7Jan;77I /CA) Cortgage ++) v% E4AF'NE -Jdge )OTE++O 7IJan;77I HB) Bank *A NA v% )'04'AN' Jdge )OTE++O 7IJan;77I HB) Bank*A NA v% JA) - Jdge )OTE++O 7;Apr;77I 'nd"Cac Bank FB v% 4ODNE1-4O - Jdge *4TUJan;77I +aalleBank NA v% )HA4+E* - Jdge *4TU 7,Jan;77I +aalleBank NA v% CA++ - Jdge*4TU 7,Jan;77I 0HH Cortgage )orp v% BA4BE4 - Jdge *4TU Jan;77I 0ropert" Asset Canagement v%H*A1TA 7Dec;77G ;;% 4ivera5 'n 4e ervices ++) v% ATTA4 > ;77GN1lipOp I*> - Jdge )HA)7Oct;77G


17/48

;,% *Bank NA v% A*/*TE - Jdge *4TU ;GNov;77G *Bank NA v% /4ANT - Jdge *4TU Dec;77G*Bank NA v% 4O*NDT4EE - Jdge B*4E Oct;77G *Bank NA v% 2'++A4*E+ - Jdge *4TU7Fe&;77I;% 3ells Fargo Bank NA v% HAC0TON - Jdge *4TU 7, Jan;77I ;% 3ells Fargo5 +itton +oan v% Farmer3'TH 04EJ*D')E Jdge chack Jne;77I;9% 3ells Fargo v% 4e"es 3'TH 04EJ*D')E5 Frad on )ort X anctions Jdge chack Jne;77I;G% Detsche Bank v% 0ea&od" Jdge Nolan =4eglation U? 'nd"mac Bank5FB v% Bo"d - chack J% Janar" ;77;I% 'nd"mac Bank5 FB v% Bethle" - chack5 J% Fe&rar" ;77 = The tale of man" hats?;% +aalle Bank Natl% Assn% v Ahearn - Appellate Division5 Third Department =0ro e?,7% NE3 JE4E1 )O*4T D'C'E FO4E)+O*4E F'+ED B1 DE*T)HE BAN FO4 FA'+*4E TO04OD*)E THE NOTE,% 3hittiker v% Detsche =CECO4AND*C 'N O00O'T'ON TO DEFENDANT$ COT'ON TO D'C'23hittiker =0+A'NT'FF$ OBJE)T'ON TO 4E0O4T AND 4E)OCCENDAT'ON? 3hittiker =DEFENDANT3E+TCAN5 3E'NBE4/ X 4E' )O%5 +0A$ 4E0ONE TO 0+A'NT'FF$ OBJE)T'ON TO 4E0O4TAND 4E)OCCENDAT'ON? 3hittiker =4E0ONE TO 0+A'NT'FF$ OBJE)T'ON TO CA/'T4ATEJ*D/E 0EA4ON$ 4E0O4T AND 4E)OCCENDAT'ON TO /4ANT 'T COT'ON TO D'C'?,;%Novastar v% n"der \ 1lack of standing2 n"der 1motion to amend w=pre4udice2 n"der 1response to amend2,,% 3ashington Ctal v% )it" of )leveland 1+:M$>s motion to dismiss2,% ;77I-Ohio-GG D+J Ctge% )apital5 'nc% v% 0arsons =%? ;eversed for lack of standing?,% Everhome v% 4o!land

,9% Detsche - )lass Action =4')O? Bank of Ne! 1ork v% TO44E W Jdge )OTE++O Car;77I,G% Detsche Bank Ans!er 3hittiker,I% Canle" Ans!er 3hittiker,% Jstice Arthr C% chack7% Jdge Holschh- ho! case% Jdge Holschh- Dismissals;% Jdge Bo"koPs Detsche Bank Foreclosres,% 4ose )omplaint for Foreclosre ] 4ose Dismissals% OPCalle" Dismissals% )it" Of )leveland v% Banks9% Do!d DismissalG% EC) canPt find the noteI% Oc!en canPt find the note

% * Bank canPt find the Note7% * Bank - No Note% e" Bank - No Note;% 3ells Fargo - Defective pleading,% )omplaint in Jack v% CE45 )iti5 Detsche% /CA) v% Carsh% Cassachsetts : 4o&in Ha"es v% Detsche Bank9% Florida: Detsche BankPs mmar" Jdgment DeniedG% Teas: CE4 v% 1ong > ;nd )ircit )ort of Appeals - 0ANE+: +'2'N/TON5 DA*0H'NOT5 andC))O15 JJ%I% Nevada: CE4 crshed: 'n re Citchell% RNeither5 as inclded in its po!ers not incidental to them5 is it a part of a &ankPs &siness to lend its credit% 'f a&ank cold lend its credit as !ell as its mone"5 it might5 if it received compensation and !as carefl to pt its

name onl" to solid paper5 make a great deal more than an" la!fl interest on its mone" !old amont to% 'f notcarefl5 the po!er !old &e the mother of panics5 % % % 'ndeed5 lending creditis the eact opposite of lending mone"5 !hich is the real &siness of a &ank5 for !hile the latter creates a lia&ilit"in favor of the &ank5 the former gives rise to a lia&ilit" of the &ank to another%- Morse. Banks and Banking th Ed%ec 9Magee* Banks and Banking5 ,rd Ed% ec ;I%R American Epress )o% v% )iti


18/48

9% RThere is no do&t &t !hat the la! is that a national &ank cannot lend its credit or &ecome an accommodationendorser%R National Bank of )ommerce v% Atkinson5 E G%9;% RA &ank can lend its mone"5 &t not its credit%R First NatPl Bank of Tallapoosa v% Conroe % , /a 95 9 E;5 ,; +4A =N? 7%9,% R%% % the &ank is allo!ed to hold mone" pon personal secrit" &t it mst &e mone" that it loans5 not itscredit%R eligman v% )harlottesville Nat% Bank5 , Hghes 9G5 Fed )ase No%;5 9;5 7,%9% RA loan ma" &e defined as the deliver" &" one part" to5 and the receipt &" anotherpart" of5 a sm of mone" pon an agreement5 epress or implied5 to repa" the sm !ith or !ithot interest%R0arsons v% Fo G /a 975 G9 E 9% Also see irklandv% Baile"5 E ;d G7 and *nited tates v% Neifert3hite )o%5 ;G Fed pp IGI5 IG%9% RThe !ord Pmone"P in its sal and ordinar" acceptation means gold5 silver5 or paper mone" sed as acirclating medim of echange % % %R +ane v% 4aile" ;I7 " ,5 ,, 3 ;d G%99% RA promise to pa" cannot5 &" argment5 ho!ever ingenios5 &e made the e6ivalent of actal pa"ment %%%R)hristensen v% Bee&e5 0 ,,5 ,; *tah 79%9G% @A &ank is not the holder in de corse pon merel" crediting the depositors accont% Bankers Trst v%Nagler5 ;; N1 ;d ;5 ,%9I% RA check is merel" an order on a &ank to pa" mone"%R 1ong v% Hem&ree5 G, 0;d ,,9% RAn" false representation of material facts made !ith kno!ledge of falsit" and !ith intent that it shall &e actedon &" another in entering into contract5 and !hich is so acted pon5 constittes Pfrad5P and entitles part" deceivedto avoid contract or recover damages%R Barnsdall 4efining )orn% v% Birnam 3ood Oil )o% ; F ;9 IG%

G7% RAn" condct capa&le of &eing trned into a statement of fact is representation% There is no distinction&et!een misrepresentations effected &" !ords and misrepresentations effected &" other acts%R +eonard v% pringerG 'll ,;% 9 NE,7%G% @'f an" part of the consideration for a promise &e illegal5 or if there are several considerations for annsevera&le promise one of !hich is illegal5 the promise5 !hether !ritten or oral5 is !holl" void5 as it isimpossi&le to sa" !hat part or !hich one of the considerations indced the promise% Cenominee 4iver )o% v%Agsts pies + X ) )o%5G 3is -G; ,; N3 ;;%G;% @The contract is void if it is onl" in part connected !ith the illegal transaction and the promise single orentire% /ardian Agenc" v% /ardian Ct% avings Bank5 ;;G 3is 75 ;G N3 I,% G,% @'t is not necessar" forrecision of a contract that the part" making the misrepresentation shold have kno!n that it !as false5 &trecover" is allo!ed even thogh misrepresentation is innocentl" made5 &ecase it !old &e n(st to allo! one!ho made false representations5 even innocentl"5 to retain the frits of a &argain

indced &" sch representations% 3hipp v% 'verson5 , 3is ;d 99% G% REach Federal 4eserve &ank is a separatecorporation o!ned &" commercial &anks in its region %%%R +e!is v% *nited tates5 9I7 F ;7 ;, =I;?%HOW %D WH; THE "%KS SE*RET'; %D !$*K'; >SW$T*H *!RRE%*;?

NOT FULFILL THE LOAN AGREEENT !THE "ONTRA"T# O$TAIN %OUR ORTGAGE NOTE

&ITHOUT IN'E(TING ONE "ENT TO FOR"E %OU TO LA$OR TO )A% INTERE(T ON THE

"ONTRA"T TO REFU(E TO FULFILL THE "ONTRA"T TO A*E %OU A +E)O(ITOR !NOT A

$ORRO&ER#

The oldest scheme throghot Histor" is the changing of crrenc"% 4emem&er the mone"changers in the temple=B'B+E?K ,If -ou lend mone- to - eole/ to t0e oor among -ou/ -ou are not to act as a creditor to 0im1 -ous0all not c0arge 0im interest2 E3odus 44546. The" changed crrenc" as a &siness% 1o !old have to convertto Temple crrenc" in order to &" an animal for sacrifice% The Temple Cerchants made mone" &" the echange%The Bi&le calls it n(st !eights and measres5 and (dges it to&e an a&omination% Jess cleared the Temple of these a&ominations% Or )hristian Fonding Fathers did the same%

Ben Franklin said in his ato&iograph"5 R%%% the ina&ilit" of the colonists to get the po!er to isse their o!n mone"permanentl" ot of the hands of ing /eorge ''' and the international &ankers !as the prime reason for therevoltionar" !ar% The "ear , !as the third attempt &" the Eropean &ankers to get their s"stem &ack in place!ithin the *nited tates of America% 0resident Andre! Jackson ended the second attempt in I,9% 3hat the"cold not !in militaril" in the 4evoltionar" 3ar the" attempted to accomplish &" a &anking mone" scheme!hich allo!ed the Eropean Banks to o!n the mortgages on nearl" ever" home5 car5 farm5 ranch5 and &siness atno cost to the &ank% 4e6iring @3e the 0eople to pa" interest on the e6it" !e lost and the &ank got free% Toda"people &elieve that cash and coins &ack p the all checks% 'f "o deposit 877 of cash5 the &ank records the cash asa &ank asset =de&it? and credits a Demand Deposit Accont =DDA?5 sa"ing that the &ank o!es "o 877% For the877 lia&ilit" the &ank


19/48

o!es "o5 "o ma" receive cash or !rite a check% 'f "o !rite a 877 check5 the 877 lia&ilit" "or &ank o!es"o is transferred to another &ank and that &ank o!es 877 to the person "o !rote the check to% That person can!rite a 877 check or receive cash% o far there is no pro&lem% 4emem&er one thing ho!ever5 for the check to &evalid there mst first &e a deposit of mone" to the &anks SSETS5 to make the check =lia&ilit"? good% The lia&ilit"is like a HO'D$%# **O!%T claiming that mone" !as deposited to make the check good% Here then3 is hothe sitch in currency ta7es 8lace The &ank advertises it loans$ mone"% The &ank sa"s5 Rsign hereR% Ho!everthe &ank never signs &ecase the" kno! the" are not going to lend "o theirs5 or other depositorPs mone"% *nderthe la! of &ankrptc" of a nation5 the mortgage note acts like mone"% The &ank makes it look like a loan &t it isnot% $t is an e5change< The 0an7 recei6es the eAuity in the home you are 0uying3 /or /ree3 in e5change /or anun8ai4 0an7 lia0ility that the 0an7 cannot 8ay3 ithout returning the mortgage note< $/ the 0an7 ha4

/ul/ille4 its en4 o/ the contract3 the 0an7 coul4 not ha6e recei6e4 the eAuity in your home /or /ree< The 0an7

recei6es your mortgage note ithout in6esting or ris7ing onecent< The 0an7 sells the mortgage note3

recei6es cash or an asset that can then 0e con6erte4 to cash an4 still re/uses to loan you their or other

4e8ositorsG money or

8ay the lia0ility it oes you< On a 8775777 loan the &ank does not give p 8775777% The &ank receives8775777 in cash or an asset and isses a 8775777 lia&ilit" =check? the &ank has no intention of pa"ing% The8775777 the &ank received in the alleged loan is the e6it" =lien on propert"? the &ank received !ithotinvestment5 and it is the 8775777 the individal lost in e6it" to the &ank% The 8775777 e6it" the individal lostto the &ank5 !hich demands he>she repa" pls interest% The loan agreement the &ank told "o to sign said +OAN%The &ank &roke that agreement% The &ank no! o!ns the mortgage note !ithot loaning an"thing% The &ank then

deposited the mortgage note in an accont the" opened nder "or name !ithot "or athori


20/48

'W3 Fe4eral Reser6e Regulation I< 3hen a &ank sa"s the" gave "o credit5 the" mean the" credited "ortransaction accont5 leaving "o !ith the presmption that the" deposited other depositors mone" inthe accont% The fact is the" deposited "or mone" =mortgage note?% The &ank cannot mone"5 the" are to credit aDemand Deposit Accont nder "or name5 so "o can !rite checks and spend "or mone"% 'n this case the"claim "or mone" is their mone"% Ask a criminal attorne" !hat happens in a fradlent conversion of "or fndsto the &ankPs se and &enefit5 !ithot "or signatre or athori


21/48

!hat !as not loaned or the &ank !ill se "or crrenc" =mortgage note? to &" "or home in foreclosre5 The4evoltionar" !ar !as foght to stop these &ank schemes% The &ank has a !ritten polic" to epand and contractthe crrenc" =&ank mone"?5 creating recessions5 forcing people ot of !ork5 allo!ing the &anks to o&tain "orpropert" for free% 'f the &anks loaned legal tender5 this !old never happen and the home !old cost mch less% 'f"o allo! someone to o&tain liens for free and create a ne! crrenc"5 !hich is not legal tender and "o mst selegal tender to repa"% This changes the cost and the risk% *nder this &ank scheme5 even if ever"one in the nationo!ned their homes and farms de&t free5 the &anks !old soon receive the liens on the propert" in the loan process%The liens the &anks receive for free5 are !hat the people lost in propert"5 and no! mst la&or to pa" interest on%The interest !old not &e paid if the &anks flfilled the contract the" !rote% 'f there is e6al protection nder thela! and contract5 "o cold get the mortgage note &ack !ithot frther la&or% 3h" shold the &ank get "ormortgage note and "or la&or for free !hen the" refse to flfill the contract the" !rote and told "o to signKorr" for the redndanc"5 &t it is important for "o to kno! &" heart their @shell game5 ' !ill contine in thatredndanc" as it is imperative that "o nderstand the principle% The follo!ing material is case la! on the s&(ectand other related legal isses as !ell as a smmar"% 'O#$* S EC$DE%*E The check !as !ritten !ithotdedcting fnds from avings Accont or )ertificate of Deposit allo!ing the mortgage note to &ecome the ne!pool of mone" o!ed to Demand Deposit Accont5 avings Accont5 )ertificate of Deposit !ith Demand Deposit5avings Accont5 and>or )ertificate of Deposit increasing &" the amont of the mortgage note% 'n this case the&ankers sell the mortgage note for Federal 4eserve Bank Notes or otherassets !hile still o!ing the lia&ilit" for the mortgage note sold and !ithot the &ank giving p an"- Federal4eserve Bank Notes% 'f the &ank had to part !ith Federal 4eserve Bank Notes5 and !ithot the &enefit of

checks to hide the fradlent conversion of the mortgage note from !hich it isses the check5 the &ank frad!old &e eposed% Federal 4eserve Bank Notes are the onl" mone" called legal tender% 'f onl" Federal 4eserveBank Notes are deposited for the credit to Demand Deposit Accont- avings Accont5 )ertificate of Deposit5 andif the &ank !rote a check for the mortgage note5 the check then transfers Federal 4eserve Bank Notes and the&ank gives the &orro!er a &ank asset% There is no increase in the check &ook mone" sppl" that eists in the loanprocess% The &ank polic" is to increase &ank lia&ilities Demand Deposit Accont5 avings Accont5 )ertificate ofDeposit5 &" the mortgage note% 'f the mortgage note is mone"5 then the &ank never gave p a &ank asset% The &anksimpl" sed fradlent conversion of o!nership of the mortgage note% The &ank cannot o!n the mortgage notentil the &ank flfills the contract%The check is not the mone" the mone" is the deposit that makes the check good% 'n this case5 the mortgage note isthe mone" from !hich the check is issed% 3ho o!ns the mortgage note !hen the mortgage note is depositedKThe &orro!er o!ns the mortgage note &ecase the &ank never paid mone" for the mortgage note and never loanedmone" =&ank asset?% The &ank simpl" claimed the &ank o!ned the mortgage note !ithot pa"ing for it and

deposited the mortgage note from !hich the check !as issed% This is fradlent conversion% The &ank riskednothingM Not even one penn" !as invested% The" never took mone" ot of an" accont5 in order to o!n themortgage note5 as proven &" the &ookkeeping entries5 financial ratios5 the &alance sheet5 and of corse the &ankPsliteratre% The &ank simpl" never complied !ith the contract%'f the mortgage note is not mone"5 then the check is check kiting and the &ank is insolvent and the &ank still neverpaid% 'f the mortgage note is mone"5 the &ank took or mone" !ithot sho!ing the deposit5 and !ithot pa"ingfor it5 !hich is fradlent conversion% The &ank claimed it o!ned the mortgage note !ithot pa"ing for it5 thensold the mortgage note5 took the cash and never sed the cash to pa" the lia&ilit" it o!ed for the check the &ankissed% The lia&ilit" means that the &ank still o!es the mone"% The &ank mst retrn the mortgage note or the cashit received in the sale5 in order to pa" the lia&ilit"% Even if the &ank did this5 the &ank still never loaned s the&ankPs mone"5 !hich is !hat PloanP means% The check is not mone" &t merel" an order to pa" mone"% 'f themortgage note is mone" then the &ank mst pa" the check &" retrning the mortgage note% The onl" !a" the &ankcan pa" Federal 4eserve Bank Notes for the check issed is to sell the mortgage note for Federal 4eserve Bank

Notes% Federal 4eserve Bank Notes arenon-redeema&le in violation of the *))% The &ank forces s to trade in non-redeema&le private &ank notes of!hich the &ank refses to pa" the lia&ilit" o!ed% 3hen !e present the Federal 4eserve Bank Notes for pa"mentthe &ank (st gives s &ack another Federal 4eserve Bank Note !hich the &ank paid ; >; cents for per &illregardless of denomination% What a 8ro/it /or the 0an7J The check issed can onl" &e redeemed in Federal4eserve Bank Notes5 !hich the &ank o&tained &" selling the mortgage note that the" paid nothing for% The &ankforces s to trade in &ank lia&ilities5 !hich the" never redeem in an asset% 3ethe people are forced to give p or assets to the &ank for free5 and !ithot cost to the &ank% This is fradlentconversion making the contract5 !hich the &ank created !ith their polic" of &ookkeeping entries5 illegal and thealleged contract nll and void% The &ank has no right to the mortgage note or to a lien on the propert"5 ntil the


22/48

&ank performs nder the contract% The &ank had less than ten percent of Federal 4eserve Bank Notes to &ack pthe &ank lia&ilities in Demand Deposit Accont5 avings Accont5 or )ertificate of DepositPs% A &ank lia&ilit" topa" mone" is not mone"% 3hen !e tr" andrepa" the &ank in like fnds =sch as is the &anks polic" to deposit from !hich to isse checks? the" claim it is notmone"% The &ankPs confsing and deceptive trade practices and their alleged contracts are nconsciona&le%S!MMR; OF DM#ES

The &ank made the alleged &orro!er a depositor &" depositing a 8775777 negotia&le instrment5 !hich the &anksold or had availa&le to sell for approimatel" 8775777 in legal tender% The &ank did not credit the &orro!erPstransaction accont sho!ing that the &ank o!ed the &orro!er the 8775777% 4ather the &ank claimed that thealleged &orro!er o!ed the &ank the 87757775 then placed a lien on the &orro!erPs real propert" for 8775777 anddemanded loan pa"ments or the &ank !old foreclose% The &ank deposited a non-legal tender negotia&leinstrment and echanged it for another non legal tender check5 !hich traded like mone"5 sing the depositednegotia&le instrment as the mone" deposited% The &ank changed the crrenc" !ithot the &orro!erPsathori


23/48

counterpart of bank notes. -t was a small step from printing notes to making book entries crediting deposits of

borrowers* which the borrowers in turn could "spend" by writing checks* thereby "printing" their own money.

Notes/ e3c0ange 8ust li9e c0ec9s.ow do open market purchases add to bank reserves and depositsA %uppose

the Federal ;eserve %ystem* through its trading desk at the Federal ;eserve Bank of New Cork* buys D9*999 of

!reasury bills from a dealer in $.%. government securities. -n today>s world of &omputer financial transactions*

the Federal ;eserve Bank pays for the securities with an "electronic" check drawn on itself. @ia its "Fedwire"

transfer network* the Federal ;eserve notifies the dealer>s designated bank 1Bank :2 that payment for the

securities should be credited to 1deposited in2 the dealer>s account at Bank :. :t the same time* Bank :>s reserve

account at the Federal ;eserve is credited for the amount of the securities purchased. !he Federal ;eserve%ystem has added D9*999 of securities to its assets* which it has paid for* in effect* by creating a liability on itself

in the form of bank reserve balances. !hese reserves on Bank :>s books are matched by D9*999 of the dealer>s

deposits that did not exist before. -f business is active* the banks with excess reserves probably will have

opportunities to loan the DE*999. 7f course* they do not really pay out loans from money they receive as

deposits. -f they did this* no additional money would be created. +hat they do when they make loans is to accept

promissory notes in exchange for credits to tile borrower>s transaction accounts. 0oans 1assets2 and deposits

1liabilities2 both rise by DE*999. ;eserves are unchanged by the loan transactions. But the deposit credits

constitute new additions to the total deposits of the banking system. 04OOF BAN DE0O'T NOTE AND'*E BAN )HE)% THE )HE) A4E ON+1 A /OOD A THE 04OC'O41 NOTE% NEA4+1A++ BAN )HE) A4E )4EATED F4OC 04'2ATE NOTE% FEDE4A+ 4EE42E BAN NOTE A4EA 04'2ATE )O40O4ATE NOTE =)hapter I5 I tat ;? 3E *E

NOTE TO D')HA4/E NOTE%6xcerpt from booklet Cour Money* page )< 7ther M Money +hile demand deposits* traveler,s checks* and

interestbearing accounts with unlimited checking authority are not legal tender* they are usually acceptable in

payment for purchases of goods and services. The &ooklet5 @1or Cone"5 is distri&ted free of charge%Additional copies ma" &e o&tained &" !riting to: Fe4eral Reser6e "an7 o/ Richmon4 2u0lic Ser6icesDe8artment 2


24/48

I,% RThere is no do&t &t !hat the la! is that a national &ank cannot lend its credit or &ecome an accommodationendorser%R National Bank of )ommerce v% Atkinson5 E G%I% RA &ank can lend its mone"5 &t not its credit%R First NatPl Bank of Tallapoosa v% Conroe % , /a 95 9 E;5 ,; +4A =N? 7%I% R%% % the &ank is allo!ed to hold mone" pon personal secrit" &t it mst &e mone" that it loans5 not itscredit%R eligman v% )harlottesville Nat% Bank5 , Hghes 9G5 Fed )ase No%;5 9;5 7,%I9% RA loan ma" &e defined as the deliver" &" one part" to5 and the receipt &" another part" of5 a sm of mone"pon an agreement5 epress or implied5 to repa" the sm !ith or !ithot interest%R 0arsons v% Fo G /a 975G9 E 9% Also see irkland v% Baile"5 E ;d G7 and *nited tates v% Neifert 3hite )o%5 ;G Fed ppIGI5 IG%IG% RThe !ord Pmone"P in its sal and ordinar" acceptation means gold5 silver5 or paper mone" sed as acirclating medim of echange % % %R +ane v% 4aile" ;I7 " ,5 ,, 3 ;d G%II% RA promise to pa" cannot5 &" argment5 ho!ever ingenios5 &e made the e6ivalent of actal pa"ment %%%R)hristensen v% Bee&e5 0 ,,5 ,; *tah 79%I% @A &ank is not the holder in de corse pon merel" crediting the depositors accont% Bankers Trst v%Nagler5 ;; N1 ;d ;5 ,%7% RA check is merel" an order on a &ank to pa" mone"%R 1ong v% Hem&ree5 G, 0;d ,,%% RAn" false representation of material facts made !ith kno!ledge of falsit" and !ith intent that it shall &e actedon &" another in entering into contract5 and !hich is so acted pon5 constittes Pfrad5P and entitles part" deceivedto avoid contract or recover damages%R Barnsdall 4efining )orn% v% Birnam 3ood Oil )o%% ; F ;9 IG%

;% RAn" condct capa&le of &eing trned into a statement of fact is representation% There is no distinction&et!een misrepresentations effected &" !ords and misrepresentations effected &" other acts%R +eonard v% pringerG 'll ,;% 9 NE,7%,% @'f an" part of the consideration for a promise &e illegal5 or if there are several considerations for annsevera&le promise one of !hich is illegal5 the promise5 !hether !ritten or oral5 is !holl" void5 as it isimpossi&le to sa" !hat part or !hich one of the considerations indced the promise% Cenominee 4iver )o% v%Agsts pies + X ) )o%5 G 3is % G; ,; N3 ;;% % @The contract is void if it is onl" in partconnected !ith the illegal transaction and the promise single or entire% /ardian Agenc" v% /ardian Ct%avings Bank5 ;;G 3is 75 ;G N3 I,%% @'t is not necessar" for rescission of a contract that the part" making the misrepresentation shold have kno!nthat it !as false5 &t recover" is allo!ed even thogh misrepresentation is innocentl" made5 &ecase it !old &en(st to allo! one !ho made false representations5 even innocentl"5 to retain the frits of a

&argain indced &" sch representations% 3hipp v% 'verson5 , 3is ;d 99%9% REach Federal 4eserve &ank is a separate corporation o!ned &" commercial &anks in its region %%%R +e!is v%*nited tates5 9I7 F ;7 ;, =I;?%G% 'n a De&torPs 4')O action against its creditor5 alleging that the creditor had collected an nla!fl de&t5 aninterest rate =!here all loan charges !ere added together? that eceeded5 in the langage of the 4')O tatte5Rt!ice the enforcea&le rate%R The )ort fond no reason to impose a re6irement that the 0laintiff sho! that theDefendant had &een convicted of collecting an nla!fl de&t5 rnning a Rloan sharkingR operation% The de&tinclded the fact that eaction of a srios interest rate rendered the de&t nla!fl and that is all that is necessar"to spport the )ivil 4')O action% Drante Bros% X ons5 'nc% v% Flshing Nat Pl Bank% G F;d ;,5 )ert% denied5G, * 79 =I?%I% The preme )ort fond that the 0laintiff in a civil 4')O action need esta&lish onl" a criminal RviolationRand not a criminal conviction% Frther5 the )ort held that the Defendant need onl" have cased harm to the0laintiff &" the commission of a predicate offense in sch a !a" as to constitte a Rpattern of 4acketeering

activit"%R That is5 the 0laintiff need not demonstrate that the Defendant is an organi


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"%K *RED$T: A credit !ith a &ank &" !hich5 on proper credit rating or proper secrit" given to the &ank5 aperson receives li&ert" to dra! to a certain etent agreed pon%"%K DE2OS$T: )ash5 checks or drafts placed !ith the &ank for credit to depositorPs accont% 0lacement ofmone" in &ank5 there&"5 creating contract &et!een &ank and depositors%DEM%D DE2OS$T: The right to !ithdra! deposit at an" time%"%K DE2OS$TOR: One !ho delivers to5 or leaves !ith a &ank a sm of mone" s&(ect to his order%"%K DRFT: A check5 draft or other form of pa"ment%%K OF $SS!E: Bank !ith the athorit" to isse notes !hich are intended to circlate as crrenc"%'O%: Deliver" &" one part" to5 and receipt &" another part"5 a sm of mone" pon agreement5 epress orimplied5 to repa" it !ith or !ithot interest%*O%S$DERT$O%: The indcement to a contract% The case5 motive5 price or impelling inflences5 !hichindces a contracting5 part" to enter into a contract% The reason5 or material case of a contract%*HE*K: A draft dra!n pon a &ank and pa"a&le on demand5 signed &" the maker or dra!er5 containing annconditional promise to pa" a certain sm in mone" to the order of the pa"ee% The Federal 4eserve Board definesa check as5 "...a draft or order upon a bank or banking house purporting to be drawn upon a deposit of funds forthe payment at all events of* a certain sum of money to a certain person therein named* or to him or his order* or

to bearer and payable instantly on demand of."!EST$O%S O%E M$#HT SK THE "%K $% % $%TERRO#TOR;

Did the &ank loan gold or silver to the alleged &orro!erKDid the &ank loan credit to the alleged &orro!erK

Did the &orro!er sign an" agreement !ith the &ank5 !hich prevents the &orro!er from repa"ing the &ank increditK's it tre that "or &ank creates check &ook mone" !hen the &ank grants loans5 simpl" &" adding deposit dollarsto acconts on the &ankPs &ooks5 in echange5 for the &orro!erPs mortgage noteKHas "or &ank5 at an" time5 sed the &orro!erPs mortgage note5 Rpromise to pa"R5 as a deposit on the &ankPs &ooksfrom !hich to isse &ank checks to the &orro!erKAt the time of the loan to the alleged &orro!er5 !as there one dollar of Federal 4eserve Bank Notes in the &ankPspossession for ever" dollar o!ed in avings Acconts5 )ertificates of Deposits and check Acconts =DemandDeposit Acconts? for ever" dollar of the loanKAccording to the &ankPs polic"5 is a promise to pa" mone" the e6ivalent of mone"KDoes the &ank have a polic" to prevent the &orro!er from discharging the mortgage note in Rlike kind fndsR!hich the &ank deposited from !hich to isse the checkKDoes the &ank have a polic" of violating the Deceptive Trade 0ractices ActK

3hen the &ank loan officer talks to the &orro!er5 does the &ank inform the &orro!er that the &ank ses the&orro!ers mortgage note to create the ver" mone" the &ank loans ot to the &orro!erKDoes the &ank have a polic" to sho! the same mone" in t!o separate places at the same timeKDoes the &ank claim to loan ot mone" or credit from savings and certificates of deposits !hile never redcing theamont of mone" or credit from savings acconts or certificates of deposits5 !hich cstomers can !ithdra! fromK*sing the &anking practice in place at the time the loan !as made5 is it theoreticall" possi&le for the &ank to haveloaned ot a percentage of the avings Acconts and )ertificates of DepositsK'f the ans!er is RnoR to 6estion ^,5 eplain !h" the ans!er is no% 'n regards to 6estion ^,5 at the time the loan!as made5 !ere there enogh Federal 4eserve Bank Notes on hand at the &ank to match the figres represented&" ever" avings Accont and )ertificate of Deposit and checking Accont =Demand Deposit Accont?KDoes the &ank have to o&e"5 the la!s concerning5 )ommercial 0aper )ommercial Transactions5 )ommercial'nstrments5 and Negotia&le 'nstrmentsKDid the &ank lend the &orro!er the &ankPs assets5 or the &ankPs lia&ilitiesK

3hat is the complete name of the &anking entit"5 !hich emplo"s "o5 and in !hat (risdiction is the &ankcharteredK3hat is the &ankPs definition of R+oan )reditRKDid the &ank se the &orro!ers assmed mortgage note to create ne! &ank mone"5 !hich did not eist &efore theassmed mortgage note !as signedKDid the &ank take mone" from an" Demand Deposit Accont =DDA?5 avings Accont =A?5 or a )ertificate ofDeposit =)D?5 or an" com&ination of an" Demand Deposit Accont5 avings Accont or )ertificate of Deposit5and loan this mone" to the &orro!erKDid the &ank replace the mone" or credit5 !hich it loaned to the &orro!er !ith the &orro!erPs assmed mortgagenoteK


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Did the &ank take a &ank asset called mone"5 or the credit sed as collateral for cstomersP &ank deposits5 to loanthis mone" to the &orro!er5 and>or did the &ank se the &orro!erPs note to replace the asset it loaned to the&orro!erKDid the mone" or credit5 !hich the &ank claims to have loaned to the &orro!er5 come from deposits of mone" orcredit made &" the &ankPs cstomers5 eclding the &orro!erPs assmed mortgage noteK)onsidering the &alance sheet entries of the &ankPs loan of mone" or credit to the &orro!er5 did the &ank directl"decrease the cstomer deposit acconts =i%e% Demand Deposit Accont5 avings Accont5 and )ertificate ofDeposit? for the amont of the loanKDescri&e the &ookkeeping entries referred to in 6estion ^,% Did the &ankPs &ookkeeping entries to record theloan and the &orro!erPs assmed mortgage note ever5 at an" time5 directl" decrease the amont of mone" or creditfrom an" specific &ank cstomerPs deposit accontKDoes the &ank have a polic" or practice to !ork in cooperation !ith other &anks or financial instittions se&orro!erPs mortgage note as collateral to create an offsetting amont of ne! &ank mone" or credit or check &ookmone" or Demand Deposit Accont generall" to e6al the amont of the alleged loanK4egarding the &orro!ers assmed mortgage loan5 give the name of the accont !hich !as de&ited to record themortgage% 4egarding the &ookkeeping entr" referred to in 'nterrogator" ^G5 state the name and prpose of theaccont5 !hich !as credited% 3hen the &orro!erPs assmed mortgage note !as de&ited as a &ookkeeping entr"5!as the offsetting entr" a credit accontK4egarding the initial &ookkeeping entr" to record the &orro!erPs assmed mortgage note and the assmed loan tothe &orro!er5 !as the &ookkeeping entr" credited for the mone" loaned to the &orro!er5 and !as this credit offset

&" a de&it to record the &orro!erPs assmed mortgage noteKDoes the &ank crrentl" or has it ever at an"time sed the &orro!erPs assmed mortgage note as mone" to coverthe &ankPs lia&ilities referred to a&ove5 i%e% Demand Deposit Accont5 avings Accont and )ertificate of DepositK3hen the assmed loan !as made to the &orro!er5 did the &ank have ever" Demand Deposit Accont5 avingsAccont5 and )ertificate of Deposit &acked p &" Federal 4eserve Bank Notes on hand at the &ankKDoes the &ank have an esta&lished polic" and practice to emit &ills of credit !hich it creates pon its &ooks at thetime of making a loan agreement and issing mone" or socalled mone" of credit5 to its &orro!ersKS!MMR;

The &ank advertised it !old loan mone"5 !hich is &acked &" legal tender% 's not that !hat the s"m&ol 8 meansK's that not !hat the contract saidK Do "o not kno! there is no agreement or contract in the a&sence of mtalconsentK The &ank ma" sa" that the" gave "o a check5 "o o!e the &ank mone"% This information sho!s "othat the check came from the mone" the alleged &orro!er provided and the &ank never loaned an" mone" fromother depositors%

$6e shon you the la an4 the 0an7s on literature to 8ro6e my case< All the &ank did !as trick "o% The"get "or mortgage note !ithot investing one cent5 &" making"o a depositor and not a &orro!er% The 7ey to the8ule is3 the 0an7 4i4 not sign the contract% $/ they 4i4 they must loan you the money< $/ they 4i4 not signit3 chances are3 they 4e8osite4 the mortgage note in a chec7ing account an4 use4 it to issue a chec7 ithout

e6er loaning you money or the 0an7 in6esting one cent7th of a cent per Note regardless of the amont of the Note% The Federal4eserve Banks create all of the mone" and credit pon their &ooks &" &ookkeeping entries &" !hich the" ac6ire*nited tates ecrities% The collateral re6ired to o&tain the Note is5 &" section ; *)5 Title ;5 a deposit of alike amont of &onds% Bonds !hich the Banks ac6ire &" creating mone" andcredit &" &ookkeeping entr"%R RNo rights can &e ac6ired &" frad% The Federal 4eserve Bank Notes are ac6iredthrogh the se of nconstittional stattes and frad%R RThe )ommon +a! re6ires a la!fl consideration for an"contract or Note% These Notes are void for failre at a la!fl consideration at )ommon +a!5 entirel" apart froman" )onstittional consideration% *pon this grond5 the Notes are ineffectal for an" prpose% This seems to &ethe principal o&(ection to paper fiat mone" and the case of its depreciation and failre do!n throgh the ages% 'fallo!ed to contine5 Federal 4eserve Bank Notes !ill meet the same fate% From the evidence introdced onJanar" ;;5 95 this )ort finds that as of CarchI5 95 all /old and ilver &acking is removed from Federal 4eserve Bank Notes%R RThe la! leaves !rongdoers!here it finds them% =ee ' Cer% Jr ;nd on Actions ection 7?%Rlaver" and all its incidents5 inclding 0eonage5thralldom5 and de&t created &" frad is niversall" prohi&ited in the *nited tates% This case represents &tanother refined form of laver" &" the Bankers% Their position is not spported &" the)onstittion of the *nited tates% The 0eople have spoken their !ill in terms5 !hich cannot &e misnderstood% 'tis indispensa&le to the preservation of the *nion and independence and li&erties of the people that this )ort5adhere onl" to the mandate of the )onstittion and administer it as it is !ritten% '5 therefore5 hold these Notes in6estion void and not effectal for an" prpose%R =? Janar" ,75 9

Jdge Cartin 2% Cahone"Jstice of the 0eace )redit 4iver To!nshipQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQQ

*RED$T 'O%S %D CO$D *O%TR*TS 2ERFE*T O"'$#T$O% S TO

H!M% "E$%# S TO "%K

Frthermore5 this Cemorandm of la! is offered in order to advance nderstanding of the comple legal isses5present and em&odied in the )ommon +a!5 !ith athorities5 la! and cases in spport of5 !hich !ill constitte thefollo!ing facts: 0rivatel" o!ned &anks are making loans of RcreditR !ith the intended prpose of circlatingRcreditR as Rmone"R% Other financial instittions and individals ma" RlanderR &ank credit that the" receivedirectl" or indirectl" from privatel" o!ned &anks% This collective activit" is nconstittional5 nla!fl5 inviolation of )ommon +a!5 *%% )ode and the principles of e6it"% ch activit" and nderl"ing contracts havelong &een held void5 &" tate )orts5 Federal )orts and the *%% preme )ort% This Cemorandm !illdemonstrate throgh athorities and esta&lished common la!5 that

credit Rmone" creationR &" privatel" o!ned &ank corporations is not reall" Rmone" creationR at all% 't is the tradespecialt" and artfl illsion of la! merchants5 !hich se old-time trade secrets of the /oldsmiths5 to entrap the&orro!er and n(stl" enrich the lender throgh sr" and other nla!fl techni6es% 'sses &ased on la! and theprinciples of e6it"5 !hich are !ithin the (risdiction of this )ort5 !ill &e addressed%THE #O'DSM$THS

'n his &ook5Money and Banking =Ith Edition5 I?5 0rofessor David 4% amerschen !rites on pages 9 -9,:RThe first &ankers in the modern sense !ere the goldsmiths5 !ho fre6entl" accepted &llion and coins for storage%%% One reslt !as that the goldsmiths temporaril" cold lend part of the gold left !ith them % % % These loans oftheir cstomersP gold !ere soon replaced &" a revoltionar" techni6e% 3hen people &roght in gold5 thegoldsmiths gave them notes promising to pa" that amont of gold on demand% The notes5 first made pa"a&le to theorder of the individal5 !ere later changed to &earer o&ligations%'n the previos form5 a note pa"a&le to the order of Je&idiah Johnson !old &e paid to no one else nless Johnsonhad first endorsed the note %%% Bt notes !ere soon &eing sed in an nforeseen !a"% The note holders fond that5

!hen the" !anted to &" something5 the" cold se the note itself in pa"ment more convenientl" and let the otherperson go after the gold5 !hich the person rarel" did % % %The specie5 then tended to remain in the goldsmithsPvalts% % % % The goldsmiths &egan to reali


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isse notes p to several times the amont of specie the" held% The ke" to the !hole operation la" in the p&licPs!illingness to leave gold and silver in the &ankPs valts and se the &ankPs notes% This discover" is the &asis ofmodern &anking: On page G5 0rofessor amerschen frther eplains the evoltion of the credit s"stem: R+ater thegoldsmiths learned a more efficient !a" to pt their credit mone" into circlation% The"lent &" issing additional notes5 rather than &" pa"ing ot in gold% 'n echange for the interest-&earing notereceived from their cstomer =in effect5 the loan contract?5 the" gave their o!n non-interest &earing note% Each!as actall" &orro!ing from the other %%% The advantage of the later procedre ofP lending notes rather than gold!as that % % % more notes cold &e issed if the gold remained in the valts %%% T

mortgagekillerex-2

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