Foreclosure Defense (Use the UCC)

[Gadawg73]

. . .

Banks in violation of National Banking Act.

Below is the statutory restriction on usurious interest. 12 U.S.C. § 85. (National Banking Act) (With emphasis added).

The maximum rate, by statute is 7% APR,

or

1% added to the current rate of interest charged on 90-day commercial paper (9DCP).

The Federal Reserve periodically, and at odd intervals, sets the interest rate on 9DCP.

See the certified table of the interest rates on 9DCP, from the Federal Reserve Bank in Minneapolis, Minnesota, uploaded to Google Docs:

<https://docs.google.com/fileview?id=0B6KARWQjetg_M2YxMTQ5NTItZTdmMy00Y2IzLWE3YzMtYTYwNjdhMjc3ODkz&hl=en>

The rate changes from time to time shown in the table.

For instance:

1. Table Entry Date: 05/01/08 to 10/06/08 (~ 5 months, 5 days)

Primary Rate 2.25%
Secondary Rate 2.75%​

2. During the 5 month time period a national bank, subject to federal law, 12 U.S.C. § 85, could charge interest at:

Primary Rate 2.25% + 1% (calculated APR of 13%) OR
Secondary Rate 2.75% + 1% (calculated APR of 15%)​

The Primary and Secondary Discount Rates are charged depending on the banks status as a Primary or Secondary risk.

Did your credit card company charge you more in interest than allowed by statute during that time period?

If the credit card company is a national bank, or a subsidiary of a national bank, 12 U.S.C. § 86, mandates that the violation of 12 U.S.C. § 85,

"when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon."​

If you file a lawsuit within 24 months of the occurrence, the bank has to pay you double the amount of all of the interest you were charged.

Dispute the debt amount owed. If the bank violates any provision of the Fair Credit Reporting Act, (FCRA), (and they probably will fail to abide by the provisions of the FCRA), you can file suit under FCRA, with several counts of the Complaint alleging remedy for violation of the National Banking Act, 12 U.S.C. § 85. Just a threat of the lawsuit, (send them a sample copy of your impending lawsuit), will probably get you paid and your debt canceled.

**********************

National Banking Act

TITLE 12, CHAPTER 2, SUBCHAPTER IV, § 85
12 U.S.C. § 85. Rate of interest on loans, discounts and purchases

Any association may take, receive, reserve, and charge on any loan or discount made, or upon any notes, bills of exchange, or other evidences of debt, interest at the rate allowed by the laws of the State, Territory, or District where the bank is located, or at a rate of 1 per centum in excess of the discount rate on ninety-day commercial paper in effect at the Federal reserve bank in the Federal reserve district where the bank is located, whichever may be the greater, and no more, except that where by the laws of any State a different rate is limited for banks organized under State laws, the rate so limited shall be allowed for associations organized or existing in any such State under title 62 of the Revised Statutes.

When no rate is fixed by the laws of the State, or Territory, or District, the bank may take, receive, reserve, or charge a rate not exceeding 7 per centum,

or

1 per centum in excess of the discount rate on ninety day commercial paper in effect at the Federal reserve bank in the Federal reserve district where the bank is located,

whichever may be the greater,

and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.

The maximum amount of interest or discount to be charged at a branch of an association located outside of the States of the United States and the District of Columbia shall be at the rate allowed by the laws of the country, territory, dependency, province, dominion, insular possession, or other political subdivision where the branch is located. And the purchase, discount, or sale of a bona fide bill of exchange, payable at another place than the place of such purchase, discount, or sale, at not more than the current rate of exchange for sight drafts in addition to the interest, shall not be considered as taking or receiving a greater rate of interest.

*********

TITLE 12, CHAPTER 2, SUBCHAPTER IV, § 86

12 U.S.C. § 86. Usurious interest; penalty for taking; limitations

The taking, receiving, reserving, or charging a rate of interest greater than is allowed by section 85 of this title, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same: Provided, That such action is commenced within two years from the time the usurious transaction occurred. (emphasis added).

. . .

12 U.S.C. 86
"Any association may take, receive, reserve, and charge on any loan or discount made,or upon any notes, bills of exchanges,or other evidence of debt, INTEREST AT THE RATE ALLOWED BY THE STATE, TERRITORY OR DISTRICT WHERE THE BANK IS LOCATED."
"or"
many other situations which include
" when the rate is not fixed by THE LAWS OF THE STATE, or territory, or district, the bank may take, receive, reserve or charge at a rater not to exceed 7%."

Every United States State Legislature has set and passed legislation allowing banks to charge more than 7%.

You left that out Moe. Why is that? Could it be it does not match your false and fraudulent agenda?
States set the interest rates ACCORDING TO THE VERY STATUTE YOU CITE.
Please quit posting fraudulent and incomplete information.

 

[Svarstaad]

. . .

Hey Gadawg73:

I said NATIONAL BANKS.

Several of the biggest national banks have run to South Dakota, thinking they can get away from the federal statute.

You can't read the words "When no rate is fixed by the laws of the State?"

In South Dakota, no rate is set by the State: dawg.

So, you go to the section of 12 U.S.C. 85, that starts of with the words "When no rate is fixed by the laws of the State" eh, dawg.

Citibank Credit Card Agreement specifies Federal Law and South Dakota law governs the agreements.

Rates are set by contract, which brings up some questions.

SDCL: 54-3-1.1. Rate of interest set by written agreement--No maximum or usury restriction. Unless a maximum interest rate or charge is specifically established elsewhere in the code, there is no maximum interest rate or charge, or usury rate restriction between or among persons, corporations, limited liability companies, estates, fiduciaries, associations, or any other entities if they establish the interest rate or charge by written agreement. A written agreement includes the contract created by § 54-11-9.

Get your contract.

Violation of Federal Law brings the banks into a delicate position to defend.

Worth the challenge and the questions in discovery.

Make the claim, let the banksters try to wriggle out of the issue along with all of the other wrong-doing.

The banks are in a twilight zone with respect to their legitimacy of behavior.

Supine subjection is out, dawg.

Only a court can interpret statute. Are you a "court?"

Produce some case law to support your contention.

Although, your last attempt to do the "case law shuffle," resulted in my shooting you down in about 5 minutes.

If you think you would like to try again, I'll be glad to review your proffer.
Substantiation for your position is not a secret. is it?

Maybe, there have been no challenges in the past?

Many reviewed credit card statements, displayed interest charges in excess of the maximum rate set in the contract.

Read your contract.

. . .

 

[Svarstaad]

. . .

Here's some caselaw about interpreting statutes:

Crowe v. OTI, No. 45A05-0110-CV-458, (Ind.Ct.App. 2002)

I. Standard of Review

We also note that the interpretation of a statute is a question of law reserved for the courts. Spears v. Brennan, 745 N.E.2d 862, 869 (Ind. Ct. App. 2001). The court&#8217;s objective when construing the meaning of a statute is to ascertain and give effect to the legislative intent expressed in the statute. Turner v. Bd. of Aviation Comm&#8217;rs, 743 N.E.2d 1153, 1161 (Ind. Ct. App. 2001), trans. denied. Where a statute has not previously been construed, the express language of the statute and the rules of statutory construction control the interpretation. Id. If the language of a statute is clear and unambiguous, it is not subject to judicial interpretation. Spears, 745 N.E.2d at 869. Finally, we have determined that if the moving party asserts the statute of limitations as an affirmative defense and establishes that the action was commenced outside of the statutory period, the non-moving party has the burden of establishing an issue of fact material to a theory that avoids the affirmative defense. Langman v. Milos, 765 N.E.2d 227, 234 (Ind. Ct. App. 2002).

. . .

 

[Gadawg73]

. . .

Hey Gadawg73:

I said NATIONAL BANKS.

Several of the biggest national banks have run to South Dakota, thinking they can get away from the federal statute.

You can't read the words "When no rate is fixed by the laws of the State?"

In South Dakota, no rate is set by the State:

Citibank Credit Card Agreement specifies Federal Law and South Dakota law governs the agreements.

Rates are set by contract, which brings up some questions.

SDCL: 54-3-1.1. Rate of interest set by written agreement--No maximum or usury restriction. Unless a maximum interest rate or charge is specifically established elsewhere in the code, there is no maximum interest rate or charge, or usury rate restriction between or among persons, corporations, limited liability companies, estates, fiduciaries, associations, or any other entities if they establish the interest rate or charge by written agreement. A written agreement includes the contract created by § 54-11-9.

Get your contract.

Violation of Federal Law brings the banks into a delicate position to defend.

Worth the challenge and the questions in discovery.

Make the claim, let the banksters try to wriggle out of the issue along with all of the other wrong-doing.

The banks are in a twilight zone with respect to their legitimacy of behavior.

Supine subjection is out, dawg.

Only a court can interpret statute. Are you a "court?"

Produce some case law to support your contention.

I'd like to review such case law. It isn't a secret. is it?

Maybe, there has been no challenge?

Many reviewed credit card statements, displayed interest charges in excess of the maximum rate set in the contract.

Read your contract.

. . .

The rates a national bank charges in your state are set BY THE LEGISLATURE IN YOUR STATE.
I just cited the dam statute YOU PROVIDED.
You have it backwards. Why in the HELL would banks run to a state with NO fixed rate like your claim of South Dakota? That makes no sense. They go the states WITH A FIXED RATE because in every instance the fixed rate IS HIGHER THAN THE 7%.
Your post and arguments are all over the place.
Show me ONE recent case anywhere in America where any of your claims were held valid.

 

[Svarstaad]

. . .

You seem to have a problem with reading comprehension, dawg.

Citibank (South Dakota) N.A., one of the largest credit card scamsters, is domiciled in SOUTH DAKOTA.

Have you taken your Prozac today?

. . .

 

[Svarstaad]

. . .

Home loan mortgage promissory notes, and mortgage deeds, along with credit card agreements/contracts, were “pooled” and transformed into United States securities through “Securitization.”

So, the signed wet-ink original promissory note (SWIOPN) and the signed wet-ink original mortgage agreement (SWIOMA), and the signed wet-ink original credit card agreement (SWIOCCA), have been transformed into United States securities by Fannie Mae and Freddie Mac, mortgage backed securities (MBS).

The following is from: Mortgage-backed security - Wikipedia, the free encyclopedia

A mortgage-backed security (MBS) is an asset-backed security or debt obligation that represents a claim on the cash flows from mortgage loans, most commonly on residential property.

First, mortgage loans are purchased from banks, mortgage companies, and other originators. Then, these loans are assembled into pools. This is done by government agencies, government-sponsored enterprises, and private entities, which may offer features to mitigate the risk of default associated with these mortgages. Mortgage-backed securities represent claims on the principal and payments on the loans in the pool, through a process known as Securitization. These securities are usually sold as bonds, but financial innovation has created a variety of securities that derive their ultimate value from mortgage pools.

In the United States, most MBS's are issued by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), U.S. government-sponsored enterprises. Ginnie Mae, backed by the full faith and credit of the U.S. government, guarantees that investors receive timely payments. Fannie Mae and Freddie Mac also provide certain guarantees and, while not backed by the full faith and credit of the U.S. government, have special authority to borrow from the U.S. Treasury. Some private institutions, such as brokerage firms, banks, and homebuilders, also securitize mortgages, known as "private-label" mortgage securities.

Residential mortgages in the United States have the option to pay more than the required monthly payment (curtailment) or to pay off the loan in its entirety (prepayment). Because curtailment and prepayment affect the remaining loan principal, the monthly cash flow of an MBS is not known in advance, and therefore presents an additional risk to MBS investors.

Commercial mortgage-backed securities (CMBS) are secured by commercial and multifamily properties (such as apartment buildings, retail or office properties, hotels, schools, industrial properties and other commercial sites). The properties of these loans vary, with longer-term loans (5 years or longer) often being at fixed interest rates and having restrictions on prepayment, while shorter-term loans (1–3 years) are usually at variable rates and freely pre-payable.

************

The United States is in full complicity with the economic meltdown.

************

Since the SWIOPNs, SWIOMAs, and SWIOCCAs, are United States securities, see the definition at 15 U.S.C. § 77b(a)(1), the laws against counterfeiting securities are applicable:

18 USC § 471. Obligations or securities of United States
Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

18 USC § 472. Uttering counterfeit obligations or securities
Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

31 CFR § 411.1 The Counterfeit Detection Act of 1992, Public Law 102-550, in Section 411 of Title 31 of the Code of Federal Regulations, permits color illustrations of U.S. currency, provided:
- The illustration is of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of the item illustrated;
- The illustration is one-sided
All negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, optical storage devices, and any other thing used in the making of the illustration that contain an image of the illustration or any part thereof are destroyed and/or deleted or erased after their final use.
Other obligations and Securities
- Photographic or other likenesses of other United States obligations and securities and foreign currencies are permissible for any non-fraudulent purpose, provided the items are reproduced in black and white and are less than three-quarters or greater than one-and-one-half times the size, in linear dimension, of any part of the original item being reproduced. Negatives and plates used in making the likenesses must be destroyed after their use for the purpose for which they were made.

18 USC § 473. Dealing in counterfeit obligations or securities
Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both.

*********

These statutes require that copies of the SWIOPNs, SWIOMAs, and SWIOCCAs, must not be used in any way to represent that they are of any value.

If a copy of a security is presented and such copy has not been either decreased in size or increased in size per the requirements of 31 CFR § 411.1, it is a COUNTERFEIT.

If an attorney has entered into a court and represented a COPY of a SWIOPN, SWIOMA, or SWIOCCA, as something upon which a remedy can be obtained, such attorney has committed a misrepresentation in violation of state and federal professional ethics code, and fraud upon the court.

NO REMEDY CAN BE GRANTED TO A CLAIMANT UPON THE FORCE OF A COUNTERFEIT OR A COPY OF A SECURITY IF YOU MAKE THE OBJECTION!

**********

Additionally: Demand the claimant attorney provide and deliver certified and authenticated proof of agency documentation, to establish the attorney’s relationship to the plaintiff, if there is one.

Do not accept anything a lawyer-liar-attorney says without the production and delivery of certified and authenticated documentary proof for such statements.

. . .

 

[Svarstaad]

. . .

Here is something to think about: In a so-called mortgaged real estate transaction, the broker and the bank make numerous misrepresentations.

The bank and the broker give the issuer of the promissory note the false impression that the issuer of the valuable promissory note has to &#8220;pay back&#8221; the face value amount of the promissory note plus interest and other fees, in Federal Reserve Notes (FRNs).

Without disclosure of:

the fact that the value of the transaction, in terms of FRNs, is inherent to the SIGNATURE of the issuer; and

the fact that the SIGNATURE of the issuer on the signed wet-ink original promissory note (SWIOPN) and the signed wet-ink original mortgage agreement (SWIOMA) represents the evidence of the actual value of the SWIOPN and SWIOMA; and

the fact that the SWIOPN and the SWIOMA are deposited into transaction accounts owned by the bank; and

the fact that the full face value amount of both the SWIOPN and the SWIOMA will be factored into an amount equal to or greater than ten (10) times the face value amount of the SWIOPN and the SWIOMA, separately, by the Federal Reserve &#8220;deposit multiplier&#8221; feature; and

the fact that the banking system will be enriched by a value amount of FRNs adding up to at least twenty (20) times the face value amount of the issuer&#8217;s SWIOPN; and

the fact that the bank then sells the SWIOPN; and

the fact that the bank then sells the SWIOMA; and

the fact that the bank receives the full face value amount of the SWIOPN plus a premium, (FRNs); and

the fact that the bank receives the full face value amount of the SWIOMA plus a premium, (FRNs); and

the fact that both the SWIOPN and the SWIOMA are &#8220;securitized,&#8221; transformed into securities; and

the fact that securities may not be counterfeited; and

the fact that the only way to &#8220;cash&#8221; a security is to present the signed wet-ink original security (SWIOS) for redemption; and

the fact that the bank utters a check from the immediate proceeds of the sale of the purchaser&#8217;s SWIOPN and SWIOMA; and

the fact that the bank misrepresents an uttered check made out in the face value amount referenced on the issuer&#8217;s SWIOPN, denominated as FRNs to be tendered as value given by the bank; and

the fact that the check uttered by the bank represents only half of the value of the issuer&#8217;s SWIOPN and SWIOMA, which were sold by the bank, and the proceeds of those sales received by the bank; and

the fact that receipt of the FRNs tendered as the sale proceeds of the SWIOPN and the SWIOMA to the bank, actually satisfied the alleged debt purportedly evidenced by the SWIOPN and the SWIOMA; and

the fact that the bank misrepresents to the issuer of the SWIOPN that the check uttered by the bank is a &#8220;loan&#8221; of the bank&#8217;s assets; and

the fact that the bank has actually incurred no cost to conduct the transaction; and

the fact that the bank experienced no diminution of the bank&#8217;s assets to produce the check uttered by the bank; and

the fact that the bank failed to disclose the source of the FRNs represented by the check uttered by the bank; and

the fact that the bank misrepresents that the &#8220;closing&#8221; is not really a &#8220;closing&#8221; of the transaction, (see definitions below), but is really the exact opposite; and

the fact that the bank misrepresents, at the &#8220;closing,&#8221; that the long term transaction requiring the issuer&#8217;s installment payments of the full face value amount of the SWIOPN plus interest and fees, is to &#8220;pay back the loan&#8221;; and

the fact that without the actual SWIOPN/SWIOMA, which were made into securities, there can be no valid claim against the issuer to force the issuer to redeem the SWIOPN/SWIOMA in FRNs, or forfeit the property identified in those writings; and

the fact that the bank will institute foreclosure based upon a COPY of the SWIOPN/SWIOMA; and

the fact that the bank will misrepresent in foreclosure proceedings that COPIES of the SWIOPN/SWIOMA securities establish the bank&#8217;s right to remedy for the issuer&#8217;s failure to make installment payments of principal, interest, and fees; and

the fact that never in the history of the United States has a COPY of a security, when identified as such, EVER been honored or forced to be redeemed; and

the fact that the laws against counterfeiting prohibit the use of anything but the signed wet-ink original security as representing a value that can be converted into other securities (FRNs), (see 18 U.S.C. §§ 471, 472, 473, 474, and applicable regulations in the United States Code of Federal Regulations [e.g., 31 C.F.R. § 411.1]; and

the fact that when a lawyer enters into a court with a COPY of the SWIOPN and the SWIOMA seeking remedy in foreclosure, that such misrepresentation, COPIES OF SECURITIES as valid securities, is a defilement of the court and fraud by an officer of the court.​

******

Definitions &#8211;

Close: verb.

To finish, bring to an end, conclude, terminate, complete, wind up; as, to &#8220;close&#8221; an account, a bargain, a trial, an estate, or public books, such as tax books.

In accounting, to transfer the balance of a temporary or contra or adjunct account to the main account to which it relates.

To shut up, so as to prevent entrance or access by any person; as in statutes requiring liquor establishments to be &#8220;closed&#8221; at certain times. Which further implies an entire suspension of business. To go out of business. To bar access to. To suspend or stop operations of.

To finalize a real estate transaction.

Black&#8217;s Law Dictionary, 6th Ed., 254.

Closing.

As regards sale of real estate, refers to the final steps of the transaction whereat the consideration is paid, mortgage is secured, deed is delivered or placed in escrow, etc. Such closings, which normally take place at a bank or savings and loan institution, are regulated by the federal Real Estate Settlement Procedures Act (RESPA).

Black&#8217;s Law Dictionary, 6th Ed., 255.

. . .

 

[Gadawg73]

Do you believe that when you borrow $ from an entity in the form of a mortgage that you do not have to pay it back?
When you signed the mortgage didn't you know that was a guarantee and a claim on your part that you agreed to pay it back?
Is your word to be trusted or not? Do you back up the commitments you make or did you falsely make claims?
A simple yes or no is all that is required.

 

[Svarstaad]

. . .

Hey dawg:

Your questions are all founded in FRAUD.

The banks CANNOT justify the position YOU espouse, upon the FRAUD, and the MISREPRESENTATIONS inherent in the transaction.

COUNTERFEITING SECURITIES IS A CRIME.

The banks INTENTIONALLY COMMIT CRIME.

You are thoroughly DELUDED.

Go take your Prozac.

PS: Did you know:

View attachment $DOLLAR.PESO.bmp

The $ is not dollars, no such symbol on FRNs.



. . .

 

[Gadawg73]

So you took the money and signed your name to it guaranteeing with your word that you would pay it back.
And now you will not honor your word.
You are the fraud. I feel sorry for your family.

 

[goldcatt]

So you took the money and signed your name to it guaranteeing with your word that you would pay it back.
And now you will not honor your word.
You are the fraud. I feel sorry for your family.

Might as well give up, G. This little asshole's been spewing his garbage for months now. I just hope there aren't desperate people somewhere thinking he actually knows what he's talking about.

 

[Svarstaad]

. . .

Hey dawg;

You are an IDIOT!.

Here's the sequence --

1. Bank misrepresent that a "loan" is to be made

2. The issuer signs the promissory note

3. The bank THEN sells the issuer's note

4. The bank THEN utters a check on the proceeds of the SALE of the promissory note

5. The bank conducts the transaction at NO COST TO THE BANK.

You claim that you "work for the banks," it that is so, you do your "thing" without comprehension.

I'll say it again, YOU ARE AN IDIOT.

Do you want to talk about COUNTERFEIT SECURITIES FRAUD?

You scum-bag!

. . .

 

[Gadawg73]

Who forced you to sign the note?
Easy out for you next time dumbass:
DO NOT SIGN ANY LOAN DOCUMENTS.
Get it fool? If you did not go looking for a loan you would not be looking to cheat the banks.
If you are so smart, how come you didn't know any of your supposed facts BEFORE YOU SIGNED THE NOTES?

 

[Gadawg73]

. . .

Hey dawg;

You are an IDIOT!.

Here's the sequence --

1. Bank misrepresent that a "loan" is to be made

2. The issuer signs the promissory note

3. The bank THEN sells the issuer's note

4. The bank THEN utters a check on the proceeds of the SALE of the promissory note

5. The bank conducts the transaction at NO COST TO THE BANK.

You claim that you "work for the banks," it that is so, you do your "thing" without comprehension.

I'll say it again, YOU ARE AN IDIOT.

Do you want to talk about COUNTERFEIT SECURITIES FRAUD?

You scum-bag!

. . .

I just love the fact there are people like you. I LOVE it.
I get to legally go out and steal your house, your car and anything and everything else you have that you refuse to pay for. I get to take it back and give it to the people you refuse to pay, all legally with the full support of society and with a gun. I absolutely ENJOY doing it.
And the greatest thing about it is that there is NOTHING you can do to stop me.

 

[Svarstaad]

. . .

Hey dawg:

You just confirmed yourself to be a scum-bag defender of the scam.

You are defending the fraud by issuing a warning to people to stay away if they don't want to be defrauded.

Most people had no idea about the scam when they ignorantly entered into the transactions and the fraud perpetrated against them.

Scum-bag.

. . .

 

[Svarstaad]

. . .

Hey dawg:

You just confirmed yourself to be a scum-bag defender of the scam.

You are defending the fraud by issuing a warning to people to stay away if they don't want to be defrauded.

Most people had no idea about the scam when they ignorantly entered into the transactions and the fraud perpetrated against them.

Scum-bag.

. . .

 

[Gadawg73]

. . .

Hey dawg:

You just confirmed yourself to be a scum-bag defender of the scam.

You are defending the fraud by issuing a warning to people to stay away if they don't want to be defrauded.

Most people had no idea about the scam when they ignorantly entered into the transactions and the fraud perpetrated against them.

Scum-bag.

. . .

Most people sign loan documents and did not know they have to pay it back?
You are a dumbass.
But you better guard your stuff Moe because I am coming to get it. You can run but you can not hide.

 

[Svarstaad]

. . .

Hey dawg:
You too, Goldcatt

You have an Oath of Office?

You have a bond?

You deal in counterfeit securities and fraud, you are going down.

Think about that, you dumb-ass scum-bags.

********************

Go to my Post #87 here: <http://www.usmessageboard.com/2346659-post87.html>

To see what caused the dumb-ass, scum-bag BAR-FLYS to start buzzing today.

. . .

 

[Svarstaad]

. . .

Extremely Important Issue:

With respect to a real estate mortgage transaction (also applicable to auto-loan notes, and credit card agreements) — (evidence of debt)

the signed wet-ink original promissory note (SWIOPN), and
the signed wet-ink original mortgage agreement (SWIOMA), were

1. deposited as cash by a financial institution into a transaction account, and
2. thereafter, the SWIOPN and the SWIOMA were separately sold to an “aggregator” who “pooled” said writings, and
3. thereafter, Mortgage Backed Securities (MBS) were issued against those writings, and
4. Credit Default Swaps (CDS) were issued as default “insurance” against those writings, and
5. pursuant to government regulation and authorization, the SWIOPN and the SWIOMA was/were rendered into a “security,” and
6. securities are regulated by the SEC and subject to all laws applicable to securities, and
7. No one can locate and produce the SWIOPN-SWIOMA after such writings are converted into securities.​

Every security writing, that I have EVER seen, other than Federal Reserve Notes (FRNs), plainly and conspicuously displays on its face words that exactly duplicate or impart the same identical meaning as the following words: — VOID IF ALTERED OR COPIED —

How is it LEGAL for an attorney, an officer of the court, representing a financial institution, to seek and be granted a remedy, ordered by a court, that requires the issuer of a security, the SWIOPN-SWIOMA, to redeem or “cash” a COPY of such security?

There are very strict and burdensome penalties for counterfeiting a security: See

18 U.S.C. § 471
18 U.S.C. § 472
18 U.S.C. § 473
18 U.S.C. § 474​

Also, there are the requirements for copying securities at: 31 CFR § 411.1.
Electronic Code of Federal Regulations:

These rules are applicable to a security such as a SWIOPN and SWIOMA.

This is the reason for "Show Me The Note."

The BAR-flys (lawyers) going into courts with COPIES of securities to get foreclosure judgments for the confiscation of property, at the barrel of a gun, are committing "fraud upon the court," when a court takes action to the prejudice of the defendant based upon the misrepresentation of the legitimacy of a COPY of a security.

Failure to produce the original wet-ink security by the entity claiming the right to a remedy upon such "not in evidence" security, goes directly to STANDING,
identification of the actual "real party in interest."
See Rule 17, Federal Rules of Civil Procedure, like rule mirrored in every set of rules used by the state courts.
US CODE: Title 28a,Rule 17. Parties Plaintiff and Defendant; Capacity

++++++++++++

15 USC § 77b. Definitions; promotion of efficiency, competition, and capital formation
United States Code: Title 15,77b. Definitions; promotion of efficiency, competition, and capital formation | LII / Legal Information Institute
(a) Definitions
When used in this subchapter, unless the context otherwise requires —
(1) The term “security” means any note, stock, treasury stock, security future, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a “security”, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing.

Promissory Notes and Mortgage Deeds are characterized as “Securities” by definition.

See: 12 CFR § 1.2(m)(3)
Electronic Code of Federal Regulations:
“A residential mortgage-related security that is offered and sold pursuant to section 4(5) of the Securities Act of 1933, 15 U.S.C. 77d(5), that is rated investment grade or is the credit equivalent thereof, or a residential mortgage-related security as described in section 3(a)(41) of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(41)), that is rated investment grade in one of the two highest investment grade rating categories, and that does not otherwise qualify as a Type I security.”

Securities are regulated by the United States Securities and Exchange Commission. Very strict statutes and regulations govern what can and cannot be done with “Securities.”

Reference requirements applicable to reproduction or “copying” of “Securities:”

18 USC § 8. Obligation or other security of the United States defined
United States Code: Title 18,8. Obligation or other security of the United States defined | LII / Legal Information Institute
The term "obligation or other security of the United States" includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

18 USC § 471. Obligations or securities of United States
United States Code: Title 18,471. Obligations or securities of United States | LII / Legal Information Institute
Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

18 USC § 472. Uttering counterfeit obligations or securities
United States Code: Title 18,472. Uttering counterfeit obligations or securities | LII / Legal Information Institute
Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.

18 USC § 473. Dealing in counterfeit obligations or securities
United States Code: Title 18,473. Dealing in counterfeit obligations or securities | LII / Legal Information Institute
Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both.

18 USC § 493. Bonds and obligations of certain lending agencies
United States Code: Title 18,493. Bonds and obligations of certain lending agencies | LII / Legal Information Institute
Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obligation, instrument, or writing in imitation or purporting to be in imitation of, a note, bond, debenture, coupon, obligation, instrument or writing, issued by the Reconstruction Finance Corporation, Federal Deposit Insurance Corporation, National Credit Union Administration, Home Owners’ Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, intermediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined under this title or imprisoned not more than 10 years, or both.
Whoever passes, utters, or publishes, or attempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been falsely made, forged, counterfeited or altered, contrary to the provisions of this section, shall be fined under this title or imprisoned not more than 10 years, or both.

18 USC § 513. Securities of the States and private entities
United States Code: Title 18,513. Securities of the States and private entities | LII / Legal Information Institute
(a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title [1] or imprisoned for not more than ten years, or both.
(b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.
(c) For purposes of this section—
(1) the term “counterfeited” means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;
(2) the term “forged” means a document that purports to be genuine but is not because it has been falsely altered, com*pleted, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents;
(3) the term “security” means—
(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property;
(B) an instrument evidencing ownership of goods, wares, or merchandise;
(C) any other written instrument commonly known as a security;
(D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or
(E) a blank form of any of the foregoing;
(4) the term “organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce; and
(5) the term “State” includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.


31 CFR § 411.1 The Counterfeit Detection Act of 1992, Public Law 102-550, in Section 411 of Title 31 of the Code of Federal Regulations, permits color illustrations of U.S. currency, provided:
Electronic Code of Federal Regulations:
- The illustration is of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of the item illustrated;
- The illustration is one-sided
All negatives, plates, positives, digitized storage medium, graphic files, magnetic medium, optical storage devices, and any other thing used in the making of the illustration that contain an image of the illustration or any part thereof are destroyed and/or deleted or erased after their final use.
Other obligations and Securities
- Photographic or other likenesses of other United States obligations and securities and foreign currencies are permissible for any non-fraudulent purpose, provided the items are reproduced in black and white and are less than three-quarters or greater than one-and-one-half times the size, in linear dimension, of any part of the original item being reproduced. Negatives and plates used in making the likenesses must be destroyed after their use for the purpose for which they were made.

. . .

 

[Svarstaad]

. . .

It is reported that Edward Mandell House (Hause) had this to say in a private meeting with Woodrow Wilson [1913-1921]. EMH was often characterized as President Wilson’s “alter ego.”

“Soon, every American will be required to register their biological property in a National system designed to keep track of the people and that will operate under the ancient system of pledging. By such methodology, we can compel people to submit to our agenda, which will affect our security as a chargeback for our fiat paper currency. Every American will be forced to register or suffer not being able to work and earn a living. They will be our chattel, and we will hold the security interest [birth certificates] over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading [birth certificates] to us will be rendered bankrupt and insolvent, forever to remain economic slaves through taxation, secured by their pledges. They will be stripped of their rights and given a commercial value designed to make us a profit and they will be non the wiser, for not one man in a million could ever figure our plans and, if by accident one or two would figure it out, we have in our arsenal plausible deniability. After all, this is the only logical way to fund government, by floating liens and debt to the registrants in the form of benefits and privileges. This will inevitably reap to us huge profits beyond our wildest expectations and leave every American a contributor to this fraud which we will call “Social Insurance.” Without realizing it, every American will insure us for any loss we may incur and in this manner; every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and, we will employ the high office of the President of our dummy corporation to foment this plot against America.”

As of latest 2009 estimates, (Demographics of the United States), there are approximately 223 million adults, alive, in America. If one in a million, of those Americans, does “figure it out,” that would mean that there are 223 people that are cognizant of the scam.

If the above purported statement by E.M. House is of any interest, or sparks any discernment about the REAL problem and suppression technology, banking, used to thwart man’s quest to be free, do some research.

To get you started, here is a link to an affidavit by Walker F. Todd, a bankster- whore insider, where he reveals a little about the machinations of the Federal Reserve “money cabal.”

http://nrgnair.com/MPT/zdi_tech/ucc/Walker.Todd.Affidavit.signed.w.Decision.pdf

Note: The people Todd testified for, lost their battle against the banksters pursuant to the fact that they failed to attack the bankster’s STANDING, and made arguments (opinions) instead, acquiescing to the bankster’s unproven standing.

+++++++

Situation:

You have been deceived into participating in the bankster money scam by:

1. Enticement, through bankster orchestrated ignorance, false advertising and fraud that the banksters would make you a “loan” so that you could become a “homeowner.”

2. Your comprehension of a “loan” means that someone transfers possession of their property to you for a time certain, and that the property will ultimately be returned, with fees (interest) added for the use of the loaned property.

3. Having “programmed” you to conduct the affairs of life pursuant to the bankster controlled and manipulated “education” system, and the religious structure, you do not have a clue about the real function of bankster “business.”

4. The banksters, having engineered all, and particularly the present, economic catastrophes, also engineered many red-herring “must address” issues to divert attention and deceive, such as;

a. taxation (fight against it with all your power)
b. traffic tickets (fight against it with all your power)
c. religion (incessantly argue and remain divided over such drivel)
d. “pie-in-the-sky” utopian world (no-commie-land; no-state-land; no-poverty-land; no-hate-land; all-is-love-land)​

The whole time everyone is arguing about red-herring issues, having only the capacity to preach their own brand of programming, the banksters are robbing you via the money scam which is based upon the ancient system of “pledging.”

6. Your life is in an economic shambles, and the property you have worked so hard for has been targeted for confiscation through foreclosure by the banksters that created the economic mess.

Strategy:

1. Review the doc at:
Set Them Up Right Back

2. Do further research to comprehend the depth of the fraud perpetrated against you and your neighbors by those “friendly” hometown banksters.

3. At the first notification from a bankster that you are “in trouble,” and in impending danger of being dispossessed of your property through foreclosure, send the bankster the following:

++++++

NOTICE

In order to establish, on the record, substantiation of your claim(s) and threat(s), you are required to identify a place, date, and time certain, within 10 days of the date of this NOTICE, where the undersigned will be accorded the opportunity to inspect, and validate, all documents (writings) relevant to your claim(s) and threat(s). The appointment so identified will take place within 20 days of the date of this NOTICE.

Response to this NOTICE – required within 10 days of this NOTICE date

Presentation of documents – required within 20 days of this NOTICE date​

Thank you, in anticipation of your cooperation.

+++++++

All correspondence is to be transmitted to the banksters via United States Post Office, Certified Mail. Return receipt is not required. All you have to do is establish the fact that you mailed the correspondence. Tracking can be evidenced online at: usps.com.

Hope that the banksters resist you at every turn. Such behavior only adds to the strength of your case against them.

If, the banksters acquiesce to the rightful demand to inspect the documents, the BEST thing that could happen, is that the stupid bankster-whore BAR-flys actually produce a COPY of the Signed Wet-Ink Original Promissory Note (SWIOPN) and the Signed Wet-Ink Original Mortgagge Agreement (SWIOMA).

If that happens, by all means, get the banksters to provide you with a copy of their copy. If there is a Notary at the appointment location, get your copy certified as a bankster produced copy.

YOU DO NOT COPY THE COPIES. Get THEM to make the copies.

Let THEM be counterfeiters. They’re already banksters, screw’em.

The banksters trapped you into a no-win situation, trap them right back.

Have fun with this.

You have them on the “hook” with this knowledge.

The banksters and their BAR-flys built the “hook” for you.

Just reel’em in, skin’em and eat’em.

If the banksters file suit, use “discovery” to demand the opportunity to inspect and validate the documents, this time under authority of the court. Now, if the banksters fail to provide the proof of their standing, they are in contempt of court.

If you try to do this by hiring a BAR-fly to do it for you, the scum-bag BAR-fly WILL betray you.

Read all the case law you can find about STANDING and the “real party in interest.”

DO NOT fixate upon red-herring arguments about the bankster fraud and the money scam, you don’t have to go there to stop a wrongful foreclosure. That background information about the bankster’s fraud scam is to substantiate in your own mind the validity of your actions in defense of your property. The courts will always protect the banksters if you bring up the background facts of the money scam.

The original securities, the SWIOPN-SWIOMA, are GONE.

Lose a 1000 dollar FRN and see how sympathetic the courts will be about requiring a bankster to cash your COPY of that 1000 dollar FRN; or listen to you whine about “losing” that 1000 dollar FRN; or listen to you whine about the 1000 dollar FRN being “stolen.” Yeah, right.

Counterfeiting a security is a serious crime. Banksters counterfeit securities everyday, all day long.

Evidences of debt, SWIOPN, SWIOMA, are securities.

It’s time to hold the bankster’s feet to the fire.

The banksters CANNOT PROVE STANDING – case dismissed.

Go after the BAR-flys for their intentional disregard for their sworn duty to uphold their oath of “faithful performance” with respect to the laws of the United States and laws of the state within which they are licensed to “practice” law.

Find where to acquire a certified copy of their “Oath of Office,” and all information required to allow you to file a claim against their required performance bond. Put them out of “business.”

THEY, bankster-whore BAR-flys, are law-breakers, along with the banksters.

Defend yourself! It ain’t no fun when the rabbit got the gun!

Quiet Title anyone?

. . .