Moratorium on Mortgage Foreclosures
“…all executive and judicial Officers, both of the United States and of the several states, shall be bound by Oath or Affirmation, to support this Constitution”, Article VI, paragraph 3. When we refer to the Preamble of the Constitution we find this statement, “…do ordain and establish this Constitution for the united States of America, italics for emphasis only. By slight of hand, this statement gets converted to, “the Constitution of the United States”. The term “United States” has a specific meaning. Title 28, USC, section 3002, defines “United States” as a Federal corporation. So then all executive and judicial officers who take the oath to the “United States” are working for the corporation identified as the “United States”. They do not take an Oath to the original Constitution. By trickery and deceit, the government has converted all executive and judicial officers into corporate officers working for the corporate United States for the benefit of the corporation and not for the benefit of “We the People”. That is the current dilemma. We cannot get the corporate officers to listen to “We the People”. Look at what just happened with the so-called Health Care Bill. Simply rammed down the throats of the American People.
All corporations have one goal, to maximize profits no matter what the human cost, or the environmental cost.
This oath to the “Corporation” creates quite a legal conundrum. The minute that “all executive and judicial Officers” take an oath to this mother lode “Corporation”, they have engaged in an act of treason against the People of the united States of America. However, it the nature of criminals to protect themselves, and their actions against prosecution for their crimes. Especially when they are the ones writing the so-called statutes and laws. To wit, Title 18, USC, section 2381 defines “Treason” as “levying war against the United States”. So then “Treason” is clearly defined as levying war against the corporation known as the United States, not as engaging in act of Treason against the People of the united States of America. Thus “all executive and judicial Officers” are free to betray us and engage in all sorts of belligerent and unlawful, actions against Americans Citizens with total impunity.
Hence, we come to the central point of the mortgage foreclosure planned fiasco. Within the four walls of the courtroom, the judge is acting in the capacity of corporate officer interested in protecting the revenue of the corporation. He is not adjudicating law. He is simply a revenue officer. A little known fact is that the judge makes a commission on each and every judgment that goes through his courtroom. The amount of commission is in dispute, could be as high as ten percent or more.
Continuing with the mortgage foreclosure fiasco. Courts with real judges, hard to believe, but there are some judges with a sense of moral imperative, all over the country have set forth stringent lawful requirements that a bank or mortgage company must meet before a foreclosure suit can be initiated and proceed.
First, the lending institution must enter into the court record, the original “Note” and the original “Mortgage” document as of the date the Complaint was filed. The problem is that the lending institution does not have the originals anymore. Immediately after completing the closing, the lending institution sold the “Note” and the “Mortgage” to a group of investors and turned over the original “Note” and “Mortgage” to the investor group. The original lending institution no longer has any capital at risk. Based on this requirement, the foreclosure suit cannot go forward. However, the revenue officer, the so-called judge counts on the abysmal ignorance of the Citizen losing their home and the judge proceeds to steal the property.
Second, the lending institution must file an affidavit of ownership, which clearly identifies the Plaintiff as the “Real Party in Interest” with all of the attending rights, title and interest in the “Mortgage”. When the lending institution sold the “Note” and the “Mortgage”, they stopped being the “Real Party in Interest”. Hence, the lending institution has no “Standing” to sue on the property.
Third, “Standing” is an absolute pre-requisite to filing a lawsuit. There are three lawful requirements for “Standing”.
- Injury in fact-not a hypothetical injury.
- Causality-that the actions of the borrower created the injury in fact.
- Redressability-that the judgment will make the injured party whole.
The revenue officer, the so-called judge, on the case will not require that his corporate buddies, the lending institutions, prove standing in the courtroom. Thus, without “Standing” the lawsuit cannot go forward.
Fourth, in order for a contract to be valid and binding, there must be “Consideration”. “Consideration” means “something of value”. The Citizen borrowing Federal Reserve Notes, brings his real estate, “something of value”, to the table in exchange for paper called Federal Reserve Notes. So then, one must ask a few basic questions in regards to this transaction. When the bank loaned the borrower Federal Reserve Notes, did the bank go the to vault and take Federal Reserve Notes on deposit and loan those to the borrower?
Ask any banker friend and he will tell you that “No”, they do not loan out their deposits. So then, how are the Federal Reserve Notes “produced”? The bank goes to their computer and by the use of their “magical, Hollywood wand”, a few keystrokes, produce, out of thin air, say $100,000.00 Federal Reserve Notes, to loan you. This is where “Credit” comes from. One second before, these Federal Reserve Notes did not exist. Now, by magic, the bank has $100,000.00 worth of Federal Reserve Notes to lend you. So if creating “something of value” out of thin air is real, then it is easy for me to convince you that the Easter Bunny lays different colored eggs once a year.
In the following sentences you can take the red pill or the blue pill. You must chose.
There is a caveat here at this point. Before the bank or mortgage company create "credit", also known as Federal Reserve Notes, it needs to have on hand some collateral. You signed two major documents at the "closing", the "Note" and "Mortgage" or "Deed of Trust". Most Americans do not realize how valuable their signature on documents is. The Mortgage document serves as the collateral needed by the bank(from this line forward, when I say bank, I also mean mortgage company).
When you sign the "Mortgage", the bank turns it into "money" and deposits it into a special, secret account set up in your name. By the magic of "banking", your signature is needed to "monetize" the "mortgage". To the bank, the "mortgage" document is actual "money".
If you don't believe me, request a copy of your "Note" and "Mortgage/Deed of Trust". Examine the Mortgage documents and you should be able to find a stamp on the document that says, "Pay to the Order of, without prejudice ABC Mortgage Company/ABC Bank." Now we just hit the mother Lode. Follow the money.
Under 18 USC, the "Mortgage" becomes a negotiable instrument, also known as a "Security". Hence, you, the borrower, by your signature, created a "Security" for the bank. Which in turn, the bank, converts into "money".
Now here is where it gets fun. Now that the bank has "money" that it deposited into your secret, undisclosed account, it can loan you your own "money" back at interest. The bank then must balance its books, so the bank writes a "hot check" against the "money" in your secret account to "pay off" your debtor. Then your bank demands that the bank receiving their "hot check" pay them back with Federal Reserve Notes. Now the bank turns to you and says, "Now that we loaned this money, you owe us for the next thirty years".
The bank very conveniently ignores the "money" that you created by your signature and the bank deposited into the secret, undisclosed account. By the fact that you abandoned this secret account, the bank considers this "money" a gift from you. See, under the law, you cannot reclaim a gift that you made. Of course, the bank defrauded you when they took the "money" that you knew nothing about. Wow! What a system!
However, the "money deposited into your secret, undisclosed bank account", is still there. The bank considers this secret, undisclosed account abandoned. Thus, they lay claim to this "money". However, this theft of your property is a second degree felony called "Conversion of property". However, the banking system has little to fear, we as Americans have been dumbed down to the point of illiteracy by our indoctrination system. Oops, did I say indoctrination, I meant to say "education".
Lets go down the rabbit hole a little more. When the bank deposits your "Mortgage money" into your special, secret account, you owned your home free and clear. The bank neglects to inform you of this little tidbit of information. Pretty convenient and self serving isn't it?
You would think that the bank would be satisfied with this transaction. After all, it has risked nothing, got your home for free and enslaved you for the next thirty years. No sir! The bank knows no limit on their avarice and greed. The bank lusts for your property in a satanic and demonic machination.
The bank then turns around and sells your "Mortgage" to Wall Street through groups of investors, for full value. Now this is coming to full fruition. The bank has now gotten paid twice on your signature on the "Mortgage" document.
Now class, pay attention. This will be on your test of Life.
1. You created the "credit" for the bank, which the bank treated as "Money"
2. The bank monetized the "Mortgage" document through your signature
3. The "Mortgage" document is a negotiable instrument
4. The "Mortgage" document is a "Security" under 18 USC
5. This "Mortgage money" is deposited into a secret, undisclosed account at the bank in YOUR NAME.
6. The bank turns around and writes a "hot check" against this "Mortgage money" to pay off your debtor.
7. The bank demands and is paid by the receiving bank in Federal Reserve Notes.
8. The bank considers the "Mortgage money" in your secret, undisclosed bank account, abandoned, and lays claim to it.
9. Thus the bank steals your money in your secret, undisclosed account
10. The payments that you make into this secret account are also considered abandoned, and the bank lays claim to them.
11. The bank turns around and sells your "Mortgage" to Wall Street investors, who in turn sell these as "Mortgage Backed Securities" back to the public.
12. The bank has risked nothing in this entire transaction
13. You, the borrower, have voluntarily given your home or ranch to the bank for free.
14. You, the borrower, are enslaved for the next thirty years to the bank because of your own ignorance.
It has been said that "Truth is stranger than fiction". This is a wet dream for the Federal Reserve Banking system.
Fifth, I saved the best for last. In the first paragraph of this article it was established that this Constitution for the united States of America is the Supreme Law of the Land. Any statute or law out of harmony with this Constitution is null and void from the beginning. Any court decision that is out of harmony with this Constitution, is null and void. The Bill of Rights clarified for the government, that the rights enumerated therein, are God-given rights, not rights given to men by other men or governments, and that these rights are Sacred and untouchable. They cannot be removed or abrogated by any government or any man or any corporation, under any circumstance.
The Fourth Amendment guarantees the right of the People to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
The Fifth Amendment guarantees that a Citizen accused of a crime cannot be deprived of his three most sacred possessions, life, liberty and property without a trial by jury.
The Seventh Amendment guarantees the right of trial by jury in any controversy where the value in controversy shall exceed twenty dollars. Here is where it gets tricky. A “dollar” is defined as “a gold or silver coin” of a specific weight. Federal Reserve Notes are paper created out of thin air with no value whatsoever. Federal Reserve Notes have been denominated in increments of “dollars”, to make them appear to be dollars, but cannot by law, be dollars. Federal Reserve Notes have been decreed to be “legal tender” by the corporation known as the United States. “We the People” have been tricked into accepting Federal Reserve Notes as “money”.
Again, back to the mortgage fiasco. When the revenue officer, the so-called judge, on the case, does not provide the borrower being sued, the protection of the Fourth, the Fifth and the Seventh Amendments, he knows that he is not adjudicating law, but simply acting as a revenue officer protecting and enhancing the revenue of the corporate, United States. In fact, he can ignore all requests by the Defendant for a trial by jury because he knows the Citizen being sued has no idea of what jurisdiction he is being sued in.
When the revenue officer, the so-called judge, issues a judgment against the borrower for defaulting on the “Note” and “Mortgage” without a “Trial by Jury”, he knows that he has betrayed the confidence of the American people, but he is doing the will of his master, the corporate United States. His betrayal of the American People is not legally Treason. Treason can only occur if he goes against his master, the corporate United States. The so-called judge is simply being a good “Nazi”, just following orders. However, the revenue officer, the so-called judge, also knows that he is violating the protections of the Fourth, the Fifth, and the Seventh Amendments afforded to the American Citizen.
In New Mexico even under the military rule of General Kearney during the 1850s, the right of a trial by jury in all matters dealing with life, liberty and property remained protected by military law. Subsequently, during the time that New Mexico was a territory, for about 60 years, the right of trial by jury was preserved to all Citizens. When New Mexico became a state in 1912, in article II, section 12, the right of trial by jury was guaranteed to remain inviolate as it had heretofore existed. Thus the New Mexico Constitution deferred to the Supremacy of the pre-existing condition as stated in the Organic Act establishing the Territory of New Mexico.
So then, the banks,the judges and the lawyers are the new "Mafia", extorting and defrauding the American Citizenry for lucre, due to our abysmal legal ignorance. The banks, the judges and the liarwyers are the modern "Ghengis Khan", raping, pillaging and plundering the landscape simply because they can. Fact is, most of us are "legal idiots". This is by design and with the specific purpose to keep us enslaved to the "Legal system and its Liaryers." Most liawyers and judges have sold out their birthright as Americans for "thirty pieces of silver", or more specifically, for a few hundred worthless, Federal Reserve Notes.
Judges are no more than ambulance chasing liawyers who put on a little black dress and love to be called "Your Honor" by their ass-kissing fans, the liawyers. A prime example of the psychopathic arrogance that this ambulance chasing group of men engage in, is the fact that in order to cover up their own crimes, these so-called judges have given themselves "judicial immunity". Don't believe me, when is the last time you tried to sue a "judge"?
However, “We the People” live under “this Constitution for the united States of America” and thus have the protections of the Fourth, the Fifth, and the Seventh Amendments in all matters dealing with life, liberty and property.
This is where I will declare a Moratorium on all Mortgage Foreclosure lawsuits and evictions until the banks and mortgage companies meet all five stringent lawful requirements as stated above.
No family will be evicted from their home or family homestead, as a result of a mortgage foreclosure suit, without a trial by jury and meeting the other four lawful requirements.
When the Citizens of San Miguel County elect me as their next Sheriff, before any Citizen in San Miguel loses their homestead unlawfully and unconstitutionally, I swear on the Altar of Almighty God, I will arrest the presiding judge on the case and the Special Master assigned to sell the property.
- Rico S. Giron, Future Sheriff of San Miguel County
Oct. 10,. 2010