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Read books online » Education » THE TRUTH ABOUT YOUR MORTGAGE by CHRISTOPHER M. RICE (list of e readers txt) 📖

Book online «THE TRUTH ABOUT YOUR MORTGAGE by CHRISTOPHER M. RICE (list of e readers txt) 📖». Author CHRISTOPHER M. RICE



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One other option that has been used more and more frequently in recent months to deal with foreclosure actions is the issuing of a “Bonded Promissory Note” or “Bill of Exchange” as payment to the alleged “lender” as satisfaction of any amounts allegedly owed by the Defendant. As was earlier described, a “Note” is money and as the banks demonstrated after the closing, it can be deposited in the bank and converted to money. SOME of the “Bonded Promissory Notes” and “Bills of Exchange” are, in fact, negotiated and credit is given to the accounts specified and all turns out well. According to the Federal Reserve Bank of New York, money is anything that has value that banks and people accept as money; money does not have to be issued by the government. For example, David H. Friedman, I BET YOU THOUGHT. . . . 9, Federal Reserve Bank of New York (4th ed. 1984), explains that banks create new money by depositing IOUs, promissory notes, offset by bank liabilities called checking account balances. Page 5 says “ Money doesn’t have to be intrinsically valuable, be issued by government, or be in any special form. . .”
The problem that has occurred is that MANY of the “lenders” say that the “Bonded Promissory Notes” and “Bills of Exchange” are bogus documents and are worthless and fraudulent and they refuse to give credit for the amount of the “Note” they receive as payment of an alleged debt even though they are given specific instructions on how to negotiate the “Note”. Isn’t it interesting that THEY can take a “Note” that THEY print and put before you to sign at the closing table and deposit it in the bank and it is converted to money immediately, but the “Note” that YOU issue is worthless and fraudulent? The only difference is WHO PRINTS THE NOTE!!!! They are both signed by the same “borrower” and it is that person’s credit that backs that “Note”.
The “lenders” don’t want the people to know they can use your “Prepaid Treasury Account”, just as the banks do without your knowledge and consent. The fact that SOME of the “Bonded Promissory Notes” are negotiated and accounts are settled, proves beyond a shadow of a doubt that they are legal SECURITIES just like the one that the bank got from the “borrower” at the closing. Why then aren’t ALL of the “Notes” processed and credit given to the accounts and the foreclosure dismissed? Because by doing so you would be lowering the National Debt and the bankers would make less money!!!!
One very interesting thing that happens with these “Bonded Promissory Notes” or “Bills of Exchange” that are submitted as payment, is that they are VERY RARELY RETURNED TO THE ISSUER yet credit is not given to the intended account. They are not returned, and the issuer is told they are “bogus, fraudulent and worthless” but they are NOT RETURNED! Why would someone keep something that is allegedly “bogus, fraudulent and worthless”? Could it be that they are NOT REALLY “BOGUS, FRAUDULENT AND WORTHLESS” and the “lender” has, in fact, actually negotiated them for YET EVEN MORE UNJUST ENRICHMENT? That is exactly what happens in many instances. There could be no other explanation for the failure to return the allegedly “worthless” documents WHICH ARE ACTUALLY SECURITIES!!! Does the fact that they keep the “Note” that was submitted and refuse to credit the account that it was written to satisfy, rise to the level of THEFT OF SECURITIES? This is just one more example of the Fraud that is so obvious. This is but one more example of the ruthless nature of those who would defraud the people of this country.

CONCLUSIONS

One of the incredible aspects of this whole debacle is the fact that the very people who are participants in this Fraud are victims as well. How many bank employees, judges, court clerks, lawyers, process servers, Sheriffs and others have mortgages? How many of the people who work in law offices, Courthouses, Sheriffs Departments and other entities that are directly involved in this Fraud have been fraudulently foreclosed on themselves? How many people in our military, law enforcement, firefighting and medical fields have lost their homes to this Fraud? How many of your friends or neighbors have lost their homes to these fraudulent foreclosures? Everyone who has a mortgage is a VICTIM of this fraud but some of the most honest, trusting, hardest working and most dedicated people in this country have been the biggest victims. Who are those who have been the major beneficiaries of this massive Fraud? Those with the “superior knowledge” that enables them to take advantage of another's ignorance of the law to deceive them by “studied concealment or misrepresentation”. This group of beneficiaries includes many on Wall Street, large investors, and most notoriously, the bankers at the top and the lawyers who work so hard to enhance their profits and protect the Fraud by them from being exposed. The time has now come to make those having superior knowledge who HAVE taken advantage of another's ignorance of the law to deceive them by studied concealment or misrepresentation to be held responsible for that conduct. This isn’t just an idea. It is THE LAW and it is time to enforce it starting with the criminal aspect of the fraud! Under the doctrine of “Respondeat Superior” the people at the top of these organizations are responsible for the actions of those in their employ. That is where the investigations and arrests need to start.
What is it going to take to put a stop to the destruction of this country and the lives of the people who live here? It is going to take an uprising of the people of this country, as a whole, to finally say that they have had enough. The information presented here is but one part of the beginning of that uprising and the beginning of the end of the Fraud upon the people of America. It is obvious, as has been pointed out here, with supporting evidence, that Fraud is rampant. You now know the story and can no longer say you are totally uninformed about this subject. This is only an outline of what needs to, and will, become common knowledge to the people and law enforcement agencies in this country. If you are in law enforcement it is YOUR DUTY to take what you have been given here and move forward with your own intense investigation and root out the Fraud and stop the theft of people’s homes. Your failure to do so would make you an accessory to the fraud through your inaction now that you have been noticed of what is occurring.
If you are an attorney and receive this information it would do you well to take it to heart, and understand there is no place for your participation in this Fraud and if you participate you will likely become liable for substantial damages, if not more severe consequences such as prison. If you are in the judiciary you would do well to start following the letter of the law if you haven’t been, and start making ALL of those in your Court do likewise, lest you find yourself looking for employment as so many others are, if you are not incarcerated as a result of your participation in the fraud. If you are part of the law enforcement community that enforces legal matters regarding foreclosure you would do well to make sure that ALL things have been done legally and properly rather than just taking the position “I am just doing my job” and turn a blind eye to what you now know. If you are a banker, you must know that you are now going to start being held accountable for the destruction you have wreaked on this country. You have every right to be, and should be, afraid…….very afraid. If you are one of the ruthless foreclosure lawyers that has prayed on the numerous people who have lost their homes, you need to be afraid also. Very VERY afraid. When people learn the truth about what you have done to them you can expect to see retaliation for what you have done. People are going to want to see those who defrauded them brought to justice. These are not threats by any stretch of the imagination. These are very simple observations and the study of human behavior shows us that when people find out they have been defrauded in such a grand manner as this, they tend to become rather angry and search for those who perpetrated the fraud upon them. The foreclosure lawyers and the bankers will be standing clearly in their sights.
You should now know exactly where the fraud began. It began right at the closing table and was perpetuated all the way to the loss of property through foreclosure or the incredible payment of 20 or 30 years of payments and interest by the alleged “borrower” to those who would conspire to commit Fraud, collusion and counterfeiting and practice “studied concealment or misrepresentation” for their own unjust enrichment.
The simplest of analogies: What would happen if you were to make a copy of a $100 Federal Reserve Note and go to Walmart and attempt to use it to fraudulently acquire items that you wanted? You more than likely would be arrested and charged with counterfeiting under Title 18 USC § 474 and go to prison. What is the difference, other than the magnitude of the fraud, between that scenario and someone who makes a copy of a mortgage security, and using it through foreclosure, attempts to fraudulently acquire a property? Shouldn’t they be treated exactly the same under the law? The answer is obvious and now it is starting to happen.
Title 18 USC § 474
Whoever, with intent to defraud, makes, executes, acquires, scans, captures, records, receives, transmits, reproduces, sells, or has in such person’s control, custody, or possession, an analog, digital, or electronic image of any obligation or other security of the United States is guilty of a class B felony.
"Fraud vitiates the most solemn Contracts, documents and even judgments" [U.S. vs. Throckmorton, 98 US 61, at pg. 65].
“It is not necessary for rescission of a contract that the party making the misrepresentation should have known that it was false, but recovery is allowed even though misrepresentation is innocently made, because it would be unjust to allow one who made false representations, even innocently, to retain the fruits of a bargain induced by such representations.” [Whipp v. Iverson, 43 Wis 2d 166].
"Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes 'fraud,' and entitles party deceived to avoid contract or recover damages." Barnsdall Refining Corn. v. Birnam Wood Oil Co. 92 F 26 817.

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