NOTICE: Not meant as legal advice.
Conference call 2/12/2009 originally aired at talkshoe.com AIB RADIO.
Go to off line recordings at: lawlearners.net
[partial transcription by [email protected] whose comments are in square brackets]
The mortgage and the promissory note are two different instruments and they must accompany each other.
The mortgage is simply the security agreement which you signed fraudulently because they failed to disclose. Read 15 U.S.C. §78c Section 10; your promissory note is a Security. Its not a promissory note. A promissory note can not exceed the life span of nine months. You have a thirty year note. [So] Its not a note, its a security.
When you hear the word 'security' Wall Street ought to pop up in your head because that's where they buy and sell 'securities'. In selling your 'security' where's your cut? Where's your dividends? Where's your interest from the money they're making?
So that in and of itself allows you to cancel the security agreement for failure to disclose, which is a violation of Regulation Z. It is also a violation of the Code of Federal regulations 12 CFR §226.23 which gives you the right of rescission, and 12 U.S.C. §226.23 Appendix H shows you exactly what the right of rescission letter needs to say. It gives you the particular verbiage you should state.
It does state that its not applicable for mortgages. Except in case of fraud. Fraud vitiates all contracts.
If you know the Uniform Commercial Code (UCC) the funding source belongs to the signer but they don't disclose that to you.
The promissory note has no validity until you sign it.
The funding source to the promissory note is exclusively to the signer and since you're the only person that signs it its your note.
UCC §8-102 tells about the entitlement right to the funding source which is your signature.
When you get a copy back others have signed and its been notarized, but, after you originally signed it any further markings are material alterations to your instrument.
You're the only one that signs and initials these documents.
Its your signature! You have a right to rescind it for fraud.
Don't rescind the promissory note.
Rescind the mortgage agreement (because) that's the security agreement that allows them to evict you.
If you cancel the mortgage they have no standing to bring you to court.
I told a client to reverse the IRS Form 1099 A, mark it corrected, listing the mortgage company as the Borrower, the client as the Lender and send it back to the mortgage company and to the IRS.
[The IRS will investigate and track the source of the funds back to the home buyer.]
You could have them give you clear and quiet title of your house, return your down payment and all payments made and interest on those [payments and down payment] and on your original escrow and collapse the bonds they built on that.
That's better than going after a multi-million dollar lawsuit because they will leave you alone.
The National Currency Act Sections 27, 28 & 53; Banks are not allowed to loan their own credit nor are they allowed to loan money because, who's money are they lending you? They can not lend you their depositor's money so where'd they get the money from? [they got it from you.]
A FINCen 101 is a filing that you suspect a felonious act is being conducted either by corporations and/or government without reprisal to yourself.
A 3949A form is where you are asking for the CID of the IRS to come in and do a full scale investigation of your complaints.
A SF95 form indicates a criminal complaint on a corporation or the government that, I have been injured and damaged and looking for resolution.
The 3rd and 4th clauses of the 14th amendment states that if one perjures their oath of office they are fired on the spot and forfeit all pensions and salaries. Perjuring ones oath of office is also an act of treason.
Conference call 2/8/2009 from talkshoe.com AIB RADIO available at lawlearners.net off line recordings
"Begin with the mortgage contract. You signed a limited Power of Attorney which authorized their Fiduciary things that they are doing to you. When you signed the promissory note you walked away from the table. You didn't get a receipt for it and you walked away from your loan check. They didn't say; 'Oh wait a minute you didn't sign your loan check'. You signed the limited POA which allowed them to sign that check in your stead without notifying you. That contract was unconscionable, see UCC Article 2."
"You need to rescind your signature because its fraud. Most mortgage contracts do have a three day right of rescission. Fraud is the exception to the rule. 12 CFR §226.23 and U.S.C. 12 TILA 226.23 Appendage H allow you to rescind your signature, request your payments back, your interest, taxes and upkeep. Once you rescind your signature you also need to cancel the mortgage contract which is your tenancy agreement. Your mortgage contract is a security agreement that allows them to come and foreclose on you, which makes them think they have a right to evict you because you told them they could. But since you were not aware that you did that the best thing for you to do, since you're the only signer of the contract, is to rescind your signature. Its your signature! Take control of it! Once you rescind that signature they have no standing in court."
You do not want to rescind your signature on the promissory note because its a negotiable instrument. Once you get it back you can put it in the bank and write checks off of it.
The National Bank Act specifically states that banks can not hold a note, period.”
If you read the first line on your promissory note 'in exchange for this loan', what loan? You got up from the table, you left the loan check and the promissory note and you don't have a receipt just because they shoved some keys in your face. But when you filled out the application you applied for a loan and if they'd given you your loan check because you were approved, you don't have sense enough to sign the note and pay for the property. That's why they stole it. Because they never wanted the property paid for. They never wanted you to know the property WAS paid for."
They signed the check "for you"/in your place and, based on the fraud/lack of full disclosure, that's identity theft. See Title 18 U.S.C. Section 656; Bank Embezzlement.
[Rescind your signature on the mortgage contract/security agreement NOT on the loan application
because that's what they take to Treasury to get the money, put it in escrow, then fractionalize it (multiply it by at least 10), then they "loan" you one of those ten. They're loaning you your own money! Then they want you to sign as a debtor to 'pay back' the 'loan' of which you are the actual source. Its fraud! There are several frauds committed within that contract and you can multiply that into a multi-million or even multi-billion dollar lawsuit which you would win in court, but you may not be around to enjoy it. So settle for getting title to the house and your payments back with interest.
Their failure to disclose that your promissory note is not a note but is a security constitutes lack of full disclosure covered in Regulation Z of the Truth in Lending Act which gives you the right to rescind your signature. Its fraud and fraud vitiates all contracts].
Question; "What if you did a refinance and actually got money back. Does that make a difference?"
"There is no money. What money did they give you? Was the contract based on the lawful money of the United States? No. If they gave you a check, there is no money, checks are debts instruments. Federal Reserve Notes are debt instruments, because you can not pay a debt with a debt. When did you get the money? They still owe you. A debt is an IOU. So when are they going to pay you? You could contest the loan because #1; There is no money. The US went bankrupt in 1933. In order to begin with Federal Reserve Notes you're committing an act of fraud because the Constitution clearly states what the lawful money of the United States is. Now if you know what the lawful money of the US is seems like you would take the lawful money of the US to satisfy that debt and most people are not aware that you can do that. Why don't you take a silver dollar and offer to discharge [actually pay] the debt?" (You could also buy a one dollar United States Postal Service money order, which is backed by gold/lawful money, and use that to lawfully and legally pay a debt. See Article 1 section 10 of the Constitution).
Caller: "You mean if we walked into the foreclosure and say we just want to pay it off with a silver dollar we could?"
"You make the offer. Once you offer to pay and they refuse, its been paid. That's the law." UCC §3-603. [To refuse the lawful money based on the Constitution of the United States of America is an act of treason.]
Once you file the IRS Form 1099A of abandonment it puts an estoppel and an injunction for any future claimant to take your property.
Conference call 12-27-8 at talkshoe.com - remedies in commerce
You have to accuse them of constructive fraud because if you just accuse them of fraud its hard to prove. Telecommunications fraud, mail fraud, (actual fraud, constructive fraud, fraud by conversion, fraud by inducement), etc., and because each has a separate account you can move it up to eight times the amount. Its 3 times the amount under the initial fraud but any subsequent charges are eight times the amount (multiplied exponentially).
'Brokenwrench': Look under the newest rulings on negotiable instruments which state that a mortgage promissory note is a non-negotiable instrument if it has a security agreement with provisions that are not included in the set certain sum of the fees over the thirty years worth of taxes, upkeep and insurance on the property and does not disclose that amount then its a non-negotiable instrument and any judge who executes on a non-negotiable instrument is commercially liable for any damages that the home owner suffers at the hand of the court.
Greg: The credit is there. Your debts are prepaid and all they're going to do is ledger it for you [HJR-192].
Under Title 31 U.S.C. §3113 you can gift a negotiable instrument to the Treasury to set off the debt of anyone owing any portion of the National Debt.
When they are billing you without providing a check to pay with they are obstructing bankruptcy. Whoever is bringing the liability has to bring the remedy. They know when you put "ACCEPTED FOR VALUE" on the bill and they fail to provide the check to pay with they've deprived you of your right to exemption.
BW: Take it a step further; write, accepted for value and returned for value in exchange for settlement, closure and zeroing of the account. If they are still trying to collect from you send them an affidavit of Zero the Account. Please correct the error of your records. Then say; I'm the one who's assessing the value of the taxes and my records show that you owe me money. Where is my benefit? Photocopy it and send it to the Inspector general of the IRS.
BW: Why do you think they give you a blank copy at closing of the entire paperwork?
You're supposed to take it to your notary, sign it all over again and file it into the court in 48 hours.
Caller: They did not tell me that.
BW: Then they did not give you full disclosure.
At the beginning of foreclosure if they do not offer you the right to rescind your signature (and) you've got four years to do it. If you do a rescission of signature, send it to the judge and he enforces it anyway, then you do a RICO complaint on his bond.
Greg: Send a copy to the Insurance Commissioner of the criminal complaint and that puts distress on his bond.
He becomes uninsurable.
BW: Public Policy in a Federal US court of appeals ruled on Title 31 U.S.C. §5118 to date in conjunction with the negotiable instruments and New York Guarantee versus Henwood, that since 1977 debts could be extinguished dollar for dollar with any legal tender. But since 1977, since legal tender is not in circulation at par demand for payment of debt is against Public Policy since legal tender was not loaned they can not demand payment in any [specific] form of coin or currency or legal tender. Only a negotiable instrument that re-presents the credit.
UCC §3-603; “If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender...”
ORS §81.010 “Effect of unaccepted offer in writing to pay or deliver. An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property.” (the latter here operates via the rule of Para Materia in any State.)
Greg: When they bring a liability they have to bring the remedy. All you're going to do is use the original credit to satisfy their judgment. We are the original issuer of the credit. If they fail (dishonor) to apply the credit you can [then] issue a negotiable instrument. UCC §3-603 is when you tender payment and they fail to return/refuse for cause they've breeched the instrument and the tender, then they've agreed to the instrument and the tender.
[UCC §3-603 says if they accept your tender its “paid” and, if they reject your tender its “paid”]