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e-Notes, and the
World that fell for it...
"In strength shall My House be established"
eNotes are legal, in a sense, but not the way certain private registry members use them.
PUBLIC NOTICE TO MY FELLOW TEXANS
Did you, as a citizen of Texas know we are being royally screwed by Taxation? If I were to show you according to Texas Law, that the TEXAS PROPERTY CODE does not apply to the natural person, but only to the Artificial Person, would you read it? Read it an weep! 15th Legislature of Texas ,1876 General Law, Chapter CLVII (157)
The question of whether an instrument written as a deed is actually a deed or is in fact a mortgage is a question of fact.... The true nature of the instrument is resolved by ascertaining the intent of the parties as disclosed by the contract or attending circumstances or both.... Even when the instrument appears on its face to be a deed absolute, parol evidence is admissible to show that the parties actually intended the instrument as a mortgage.... When there is a fact finding that the parties intended the transaction to be a loan, and that finding is supported by probative evidence, the law will impute the existence of a debt.... A mortgage of a homestead not expressly permitted by the Constitution is invalid. TEX. CONST. art. XVI, § 50. - Johnson v. Cherry, 726 SW 2d 4 - Tex: Supreme Court 1987 ; Cited as recent as 2018
Was the deed of trust meant to be a mortgage by the "book entry system" members who authored the contract the courts claim "the borrower agreed...."? A mortgage is a debt instrument and a deed of trust is a lien. But the wording in the deed of trust could lead the average man to conclude the deed of trust was inteded to be a mortgage. Texas is a lien theory state, yet, in 2004, lien theory was seemingly changed to title theory. If this is not correct, why is the "book entry system" a "mortgage" registration system? Why is the book entry system a "mortgagee"? Why is there a mortage servicer instead of a loan servicer? If a deed of trust involes a "trustor", "beneficiary","trustee", why is there a "mortgagor" and "mortgagee" when it comes to MERS assignments? It all boils down to the words within the deed of trust.
In Volt, the U.S. Supreme court stated the governing law as ("[T]he Constitution, laws, and treaties of the United States are as much a part of the law of every State as its own local laws and Constitution"). -
The court further stated, Indeed, this is precisely what we said when we once previously confronted virtually the same question. In Fidelity Federal Savings & Loan Assn. v.De la Cuesta, 458 U. S. 141 (1982), a contract provision stated: "This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located." Id., at 148, n. 5. Rejecting the contention that the parties thereby had agreed to be bound solely by local law, we held:"Paragraph 15 provides that the deed is to be governed by the `law of the jurisdiction' in which the property is located; but the `law of the jurisdiction' includes federal as well as state law." Id., at 157, n. 12. We should similarly conclude here that the choice-of-law clause was not intended to make federal law inapplicable to this contract. See Volt Info. Sciences, Inc. v. Bd of Trustees of LeLand Stanford Jr. U., 489 US 468 - Supreme Court
Read more of what Alvie Explains about the Deed of Trust
So, are "law enforcement" officers who arrive to evict or force the borrower out of the property breaching the peace by forcing the victim from its home? Depriving guaranteed rights under the color of law? Violating the constitutions?
This is like the days of Noah. Everyone is so busy with distractions they can't even see the walls being built around them. It is all by design to keep you from seeing what the criminals are doing to you. Where does anyone of you believe that Jesus himself would appreciate what you are doing? Hypocrites!
“The controlling document that we live under in this country is not some city code. It’s not county rules and regulations. It’s not even state law. The predominant doctrine that creates the architecture that we are governed by and live under is the United States Constitution,” he said, and he noted that the Tenth Amendment delegates power not granted to the federal government to the states and to the people -- but not to municipalities. - Texas Governor, Greg Abbott
Is it that difficult to realize the electronic intangible ns not the same as the intangible recognized in Article 9, Secured Transactions? You do know an electronic record is an intangible?
Is it that difficult to realize the computer information is hearsay?
Is it that difficult to comprehend that mortgage banking industry uses ESIGN to preempt all applicable laws?
Is it that difficult to figure out how these actors are comitting crime before the eyes of the court?
Is it that difficult to understand that the only jurisdiction the mortgage banking industry holds is jurisdiction provided for by ESIGN? They've never had standing.
Is it that difficult for the federal government to recognize they were robbed by the mortgage banking industry?
"NEW" Amicus Curiae, Texas
Read this
The Almighty God created all men equal. This country was founded on the idea that all men are created equal, yet this is the lie you tell all. You've made the people unequal to your title, status, and piousness. You are not high priests. You are lost, you know not your God who knows your heart, your mind. Nothing is hidden, even when you are in secret council and you believe nobody knows. You've given yourselves titles of nobility that mean nothing. Hypocrites! And you use God's name in vain to accomplish your deception upon his people.What has happened to America? Why is this country not a Republic anymore? Or, are you even aware of this fact that America is not a Republic anymore? Does the people of the United States of America not realize the Constitution for the United States of America has been secretly removed from the people, and only mentioned in passing to make the people think it is still in affect? The Constitutions cannot defend themselves. The people must defend the Constitutions. Has anyone wondered why it is so difficult to win a case with merit in U.S. court? Truly I tell you, all these courts are acting under the color of law, and the judges are acting in treasonous acts to the Constitution. The state courts are no different. Here is why you don't know. These criminals do not believe you would ever look at their laws to see just how treasonous they actually are. Take for instance, did you know that most all cities, known as "local governments" in the State of Texas are Alderman forms of Government? If you don't believe me, go look for yourself. In Texas this can be found in the
Texas Local Government Code; LOCAL GOVERNMENT CODE;
TITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT; SUBTITLE B. MUNICIPAL
FORM OF GOVERNMENT; CHAPTER 22. ALDERMANIC FORM OF GOVERNMENT IN TYPE A
GENERAL-LAW MUNICIPALITY; SUBCHAPTER A. GENERAL PROVISIONS
Do
you understand the difference between a Republican form of government
and an Aldermanic form of government? It is simple. A Republican form of
government is a government of "We the
People" who come together to find a common ground for
the good of this country. An Aldermanic form of government is "You
speak when we say you can speak". Surely many have witnessed this
when they attempt to speak out in a "city counsel" meeting? They tell
you that you must fill out a request for permission to speak an then
they will determine at a later date if, or when you can speak, if they
ever give you the chance. Does anyone see who unconstitutional this is?
This even happens in an alleged court of law. The judges are usually
bias against a pro se, or even an attorney when it comes to "their"
court.
According to the Texas Constitution, the Texas Legislature is the only body to create public law, and the same goes with Congress in the U.S. Constitution, yet due to these corporate "for-profit" municipalities, they have replaced the three powers of government recognized in the Texas Constitution, and merged them all into one (1) power of government by the way of a "corporate charter, a municipal constitution. Surely if one were to look into this they would find this to be true. Our Constitutions have been attacked and nobody seems to care? This violate the 10th Amendment of the Constitution for the United States of America.
The 10th Amendment clearly states; "The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people". Do not be
misled with "are reserved to the States respectively". In
Texas, if you are confused, then you need to look at the Constitution,
more specifically the Bill of Rights, Section2.
Sec. 2. INHERENT POLITICAL POWER;
REPUBLICAN FORM OF GOVERNMENT. All
political power is inherent in the people, and all free governments are
founded on their authority, and instituted for their benefit.
The faith of the people of Texas stands
pledged to the preservation of a republican form of government,
and, subject to this limitation only, they have at all times the
inalienable right to alter, reform or abolish their government in such
manner as they may think expedient.
When you stand in your
community, you are one of the people, but when all the people stand
within the boundaries of the State of Texas, these powers are reserved
the whole people as a State. This is where "sovereign immunity" come
into play because you cannot sue all the people of the state as a whole.
These criminal have pulled the wool over the eyes of the people and the
people believe them. These criminals are acting in their individual
capacity, under the color of law, and are placing undue burden upon the
people, they are oppressing the people, they have made the people of
Texas, and elsewhere, nothing but prisoners with jobs. Don't you see how
many people that are already retired are being forced into bankruptcy?
You are being milked dry while our glorious leaders are living the life
of luxury, committing sins against the Almighty God, and the
Constitutions they took an oath to. Are you proud of that?
Do you not understand all these so-called laws, statutes, rules,
regulations, policies are only for the "corporations"? Because you have
allowed this beast to control you for so long, you do not even realize
you have sold your souls to a "person" that has no conscious, nor can be
damned by the living God? These soulless person's control even the
churches of this country.
You allow city/municipal ordinances to
control you. You are being deprived of your Constitutional Rights by
allowing these "policies" to take away your private property, or cause
you to pay monies for failing to adhere to such criminal acts created by
those who govern you. You are the government, they are your servants, in
other words the constitution creates a master-servant relationship
between the people and the public servants, yet they have created a
landlord-tenant relationship between you and them, and they are the
landlord, not you. These criminal acts deprive and usurp the contract
clause of the Constitutions. These people in these unconstitutional
governments are oppressing the people, depriving them of life, liberty
and the pursuit of happiness, including theft of your property, all for
revenue to run their "for-profit" corporations, and pay for their
"get-always", their high paid positions, their portions of the stock
they own in these municipal corporations. And we the people are left
holding the bag, paying for their good times while you struggle to
survive. All of these arrogant city counsels, members, and all other
employees are committing federal crimes, and nobody is doing anything
about it. Why? Do you like being a slave, or would you argue you are
not. Satan is a great deceiver and if you can't realize you are held in
an involuntary servitude state, you must wake up from your "American
Dream". It is time to hold each and every one of them accountable for
their criminal acts whether they realize they are committing them or
not. Ignorance is no excuse for the law, especially those who are
holding the people to laws they know nothing about.
You are not a "person". You are not a "Democrat", Nor a "Republican", nor a "Liberal", Nor any other label given unto you for the purpose of division. You are a citizen. You are a living soul walking this Earth. A God given Right. A Constitutional Right.
Texas Government Code, Chapter 311, Code Construction Act
(2) "Person" includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
A "Person" is categorized as an individual, [who works under the capacity of a] corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. You do not, as a private citizen of this country can be legally held as a "person" unless you work for one of these legal entities defined in the Texas Government Code, Chapter 311, Code Construction Act, or in any other state if you do your research. You can't mix oil and water. You can't compare a legal entity to a living soul. There is no equality, yet the corporation is given greater rights than the living soul. Every bit of this is commercial law, not private law, created to govern the private individual who conducts his/her business. The only way this would apply is if you've created a corporation. Mom & Pop businesses are not corporations, unless they have chosen to incorporate due to misguidance by lawyers who run this whole criminal scheme. If you do not believe, go look at the Texas Government Code, Chapter 81, State Bar Act. Corporations are the new Legislature. Corporations are the new judicial system. Corporations are the new executive branch of the government. The Constitutions are only mentioned to satisfy your ignorance.
For God's sake people, wake up and save yourself. If the people do not come together in a peaceful manner to solve these criminal acts committed against the people of Texas, and the United States, what future do you think you are providing for your children? Or do you choose to be violent? I should suggest you look to the past to see if violence ever got anyone anywhere before you choose that path.
It can be reported to the United States Department of Justice for violations of federal criminal code.They are violating both state and federal laws. Don't you listen to these lying politicians? Don't you hear them say they can't do anything unless the people speak up? Now is the time.
Texas Penal Code; Chapter 32; Fraud
Sec. 32.22. CRIMINAL
SIMULATION. (a) A person commits an offense if, with
intent to defraud or harm another:
(1) he makes or alters an object,
in whole or in part, so that it appears to have value because of age,
antiquity, rarity, source, or authorship that it does not have;
(2)
he possesses an object so made or altered, with intent to sell, pass, or
otherwise utter it; or
(3) he authenticates or certifies an object so
made or altered as genuine or as different from what it is.
(b) An
offense under this section is a Class A misdemeanor.
Acts 1973, 63rd
Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Sec. 32.46.
SECURING EXECUTION OF DOCUMENT BY DECEPTION. (a) A person commits an
offense if, with intent to defraud or harm any person, he, by deception:
(1) causes another to sign or execute any document affecting property or
service or the pecuniary interest of any person; or
(2) causes or
induces a public servant to file or record any purported judgment or
other document purporting to memorialize or evidence an act, an order, a
directive, or process of:
(A) a purported court that is not expressly
created or established under the constitution or the laws of this state
or of the United States;
(B) a purported judicial entity that is not
expressly created or established under the constitution or laws of this
state or of the United States; or
(C) a purported judicial officer of
a purported court or purported judicial entity described by Paragraph
(A) or (B).
(b) An offense under Subsection (a)(1) is a:
(1) Class
C misdemeanor if the value of the property, service, or pecuniary
interest is less than $100;
(2) Class B misdemeanor if the value of
the property, service, or pecuniary interest is $100 or more but less
than $750;
(3) Class A misdemeanor if the value of the property,
service, or pecuniary interest is $750 or more but less than $2,500;
(4) state jail felony if the value of the property, service, or
pecuniary interest is $2,500 or more but less than $30,000;
(5)
felony of the third degree if the value of the property, service, or
pecuniary interest is $30,000 or more but less than $150,000;
(6)
felony of the second degree if the value of the property, service, or
pecuniary interest is $150,000 or more but less than $300,000; or
(7)
felony of the first degree if the value of the property, service, or
pecuniary interest is $300,000 or more.
(c) An offense under
Subsection (a)(2) is a state jail felony.
(c-1) An offense described
for purposes of punishment by Subsections (b)(1)-(6) and (c) is
increased to the next higher category of offense if it is shown on the
trial of the offense that the offense was committed against an elderly
individual as defined by Section 22.04 or involves the state Medicaid
program.
(d) In this section:
(1) "Deception" has the meaning
assigned by Section 31.01.
(2) "Document" includes electronically
stored data or other information that is retrievable in a readable,
perceivable form.
(e) With the consent of the appropriate local
county or district attorney, the attorney general has concurrent
jurisdiction with that consenting local prosecutor to prosecute an
offense under this section that involves the state Medicaid program.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;
Acts 1997, 75th Leg., ch. 189, Sec. 2, eff. May 21, 1997; Acts 2003,
78th Leg., ch. 198, Sec. 2.138, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 257, Sec. 15, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
432, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th
Leg., R.S., Ch. 127 (S.B. 1694), Sec. 4, eff. September 1, 2007.
Acts
2011, 82nd Leg., R.S., Ch. 620 (S.B. 688), Sec. 6, eff. September 1,
2011.
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 22, eff.
September 1, 2015.
TEXAS PENAL CODE; CHAPTER 31. THEFT
Sec. 31.01. DEFINITIONS. In this chapter:
(1)
"Deception" means:
(A) creating or confirming by words or conduct a
false impression of law or fact that is likely to affect the judgment of
another in the transaction, and that the actor does not believe to be
true;
(B) failing to correct a false impression of law or fact that
is likely to affect the judgment of another in the transaction, that the
actor previously created or confirmed by words or conduct, and that the
actor does not now believe to be true;
(C) preventing another from
acquiring information likely to affect his judgment in the transaction;
(D) selling or otherwise transferring or encumbering property without
disclosing a lien, security interest, adverse claim, or other legal
impediment to the enjoyment of the property, whether the lien, security
interest, claim, or impediment is or is not valid, or is or is not a
matter of official record; or
(E) promising performance that is
likely to affect the judgment of another in the transaction and that the
actor does not intend to perform or knows will not be performed, except
that failure to perform the promise in issue without other evidence of
intent or knowledge is not sufficient proof that the actor did not
intend to perform or knew the promise would not be performed.
Texas
Penal Code; Chapter 32; Fraud
Sec. 32.48. SIMULATING LEGAL PROCESS.
(a) A person commits an offense if the person recklessly causes to be
delivered to another any document that simulates a summons, complaint,
judgment, or other court process with the intent to:
(1) induce
payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any
action or refrain from taking any action in response to the document, in
compliance with the document, or on the basis of the document.
(b)
Proof that the document was mailed to any person with the intent that it
be forwarded to the intended recipient is a sufficient showing that the
document was delivered.
(c) It is not a defense to prosecution under
this section that the simulating document:
(1) states that it is not
legal process; or
(2) purports to have been issued or authorized by a
person or entity who did not have lawful authority to issue or authorize
the document.
(d) If it is shown on the trial of an offense under
this section that the simulating document was filed with, presented to,
or delivered to a clerk of a court or an employee of a clerk of a court
created or established under the constitution or laws of this state,
there is a rebuttable presumption that the document was delivered with
the intent described by Subsection (a).
(e) Except as provided by
Subsection (f), an offense under this section is a Class A misdemeanor.
(f) If it is shown on the trial of an offense under this section that
the defendant has previously been convicted of a violation of this
section, the offense is a state jail felony.
Added by Acts 1997, 75th
Leg., ch. 189, Sec. 3, eff. May 21, 1997.
THE TEXAS CONSTITUTION; ARTICLE 16. GENERAL PROVISIONS
Sec. 1. OFFICIAL OATH OF OFFICE.
(a) All elected and appointed officers, before they enter upon the
duties of their offices, shall take the following Oath or Affirmation:
"I, _______________________, do solemnly swear
(or affirm), that I will faithfully execute the duties of the office of
___________________ of the State of Texas, and
will to the best of my ability preserve, protect, and defend the
Constitution and laws of the United States and of this State,
so help me God."
(b) All elected or appointed
officers, before taking the Oath or Affirmation of office prescribed by
this section and entering upon the duties of office, shall subscribe to
the following statement:
"I, _______________________, do solemnly
swear (or affirm) that I have not directly or indirectly paid, offered,
promised to pay, contributed, or promised to contribute any money or
thing of value, or promised any public office or employment for the
giving or withholding of a vote at the election at which I was elected
or as a reward to secure my appointment or confirmation, whichever the
case may be, so help me God."
(c) Members of the
Legislature, the Secretary of State, and all other elected and appointed
state officers shall file the signed statement required by Subsection
(b) of this section with the Secretary of State before taking the Oath
or Affirmation of office prescribed by Subsection (a) of this section.
All other officers shall retain the signed statement required by
Subsection (b) of this section with the official records of the office.
(Amended Nov. 8, 1938, and Nov. 6, 1956; Subsecs. (a)-(c) amended
and (d)-(f) added Nov. 7, 1989; Subsecs. (a) and (b) amended, Subsecs.
(c) and (d) deleted, and Subsecs. (e) and (f) amended and redesignated
as Subsec. (c) Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec.
1: See Appendix, Note 3.)
THE TEXAS CONSTITUTION; PREAMBLE
Humbly invoking
the blessings of Almighty God, the people of the State of Texas, do
ordain and establish this Constitution.
For you "persons", public servants of all kinds. It is time to uphold
your oaths and stop sinning against the Almighty God, and violating your
oaths to the Constitutions.
THE TEXAS CONSTITUTION, ARTICLE 1. BILL OF RIGHTS
Sec. 3. EQUAL RIGHTS.
All free men, when they form a social compact, have equal rights, and no
man, or set of men, is entitled to exclusive separate public emoluments,
or privileges, but in consideration of public services.
Sec. 3a. EQUALITY UNDER THE LAW.
Equality under the law shall not be denied or abridged because of sex,
race, color, creed, or national origin. This amendment is
self-operative.
(Added Nov. 7, 1972.)
Re-iterate?
Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Why do citizens continuously support elected officials who are violating laws, committing acts of moral turpitude, committing acts of treason against this country, who are lying before the people, and the face of the living God?
Wake Up People...
Why do citizens continuously elect officials whom ignore the deprivation of foreclosure victims? It is time to contact your representatives and tell them how you feel about the deprivation of citizens rights by private mortgage industry. The only way they move is when you move them. They work for you!
JUDGMENT DAY COMETH
Article 3 - U.S. Constitution
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;
ARTICLE 5 - Texas Constitution
Sec. 1. JUDICIAL POWER; COURTS IN WHICH VESTED. The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law.
The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto.
(Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.)
"Because standing is a constitutional prerequisite to maintaining a suit under both federal and Texas law, we look to the more extensive jurisprudential experience of the federal courts on this subject for any guidance it may yield." - Mayhew v. Town of Sunnyvale, 964 SW 2d 922 - Tex: Supreme Court 1998
ARTICLE 5 - Texas Constitution Just like federal courts, Article 3 provides the court its power to the federal courts. Article 5 courts in Texas are the same way. The COURTS must determine whether it has jurisdiction else the opinion is void. Not only is it void but a judge acting outside the laws of the constitution which provide the court with its power, the judge is engaging in acts of treason.
TREASON - Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821)
Judges are not the only one's who are guilty
Not only are judges guilty of engaged acts of treason, any lawyer, or judge MUST report it else they too are guilty. See 18 USC 2382
Any judge or attorney who does not report the above judges for treason as required by law may themselves be guilty of misprison of treason, 18 U.S.C. Section 2382.
NO SOVEREIGN IMMUNITY
The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct.
Closed minds lose thought? Only the open mind understands
How stupid are judges? Or should the question be; "How corrupt are judges?"
There is One who knows the hearts of men, and it is not me.
Does newly discovered documents seemingly prove Wells Fargo committed fraud upon the court, in Texas?
Bits & Bytes
If MERS members wanted to sell bits and pieces of its interest in, the MERS member did not need MERS to accomplish that. MERS is the distraction. And the world fell for it........
E-SIGN is legal for electronic signatures, and transferable records. E-SIGN is an integral part to the transfer of electronic records governed by that law. E-SIGN is for electronic signatures. Yes, E-SIGN is legal, but E-SIGN is not legal if it is used beyond its means.
Enotes are not the easiest thing to explain because most can't seem to understand Enotes are legal electronic promissory notes allegedly under the governance of E-SIGN; and is not governed by Article 3. But eNotes appear to be legal Notes in the invisible world. There is a difference. You see, if the electronic Note were in "writing" it would be an Article 3 Note, but its not. It's electronic Note and governed by E-SIGN. So, you have the law of contract for e-Signatures, bits & bytes; and then you have contract law for physical signatures, "wet ink". Duh?
The Purpose
"purpose of recording laws is to notify subsequent purchasers ... and not to give protection to perpetrators of fraud") Ojeda de Toca v. Wise, 748 SW 2d 449 - Tex: Supreme Court 1988
The Scenario
Imagine
this
Because I'm a "trusted source" in the markets, if I could get you to
believe that I can sell you a partial interest in the payment stream of
a real estate mortgage loan, and include a deed of trust with it, I bet
because of your greed you would jump on the opportunity to make some
money and invest in it? Of course, I would give you a copy of both the
"instruments", to help you feel secure. I have them in digital format.
You may hear them called by a different name; electronic records. Copies
are easy, the print key is easily accessible. And the law I use say my
electronic records are just like paper records. And I can use them as a
legal effect to do what I do. That seem to make it easy for my scheme.
Now, I can offer the same type offer to another sucker, of course, they
are my friend, I'll fill them with dreams of money and they too will
jump on the boat. I am a "trusted source". And since I'm the only one
with the "originals" to show the suckers as my evidence of a debt, I can
continue my scheme whether it is taking real estate from homeowners or
skimming off investors money, until I get caught, or flee the country.
Which ever comes first. Its that simple folks. And I have enough money
to help others turn their head to what I am doing.
I even convinced judges and legislature, among others, that the
"registry" as a "beneficiary", or "nominee" was no different than it was
back in the days of the paper real estate mortgage, and they fell for it
hook-line-and-sinker. It was that easy. Why? Because I am a "trusted
source".
This scam took some time to put into place. It took many years to
engineer this illusion. It took many laws to change. It took many rules
& procedures to change. I had the money and the power to make this
happen. I am a "trusted source". After those certain changes had taken
place, I began to promote my "corporation", a registry for electronic
promissory notes, the new "negotiable" instrument. I even offered
membership to my "corporation". I used Delaware law to convince everyone
that my corporation was a physical type corporation. I had to create an
"agent" illusion to help me with my deception, while mixing around the
"brand name" to keep people confused with what I am accomplishing with
my "corporation". This agent had to be "electronic" in order for me do
business in the world of electronic law, so as long as everyone assumed
that my corporation was physical, my plan is working. I know people
believe me because I am a "trusted source".
I've convinced them that my "corporate resolution" gives the "agent" who
appears in physical form, its ability to produce electronic documents
while disclosing my intent before the eyes of everyone, yet they do not
recognize it. Not even the courts. I've even convinced lawyers to
accomplish this for my "corporation", because they love money. I even
convinced everyone that my electronic promissory note was equivalent to
a negotiable instrument. That was easy to do.
I convinced these members to conduct its real estate transactions on
"behalf" of my system. I convinced these members that the electronic
copy of the scanned note and deed of trust were valid, like mine, even
after they've lost them. I knew, and they knew that it was not easy for
someone to make them produce the original note, even in a court of law.
They knew how to use summary judgment as the best tool to evade the
jury. When arguments change, I change up my arguments. If I need to, I
change the appearance of paperwork. That simple. I am a "trusted
source". I've even gone as far as placing a
waiver in the mortgage so the homeowner cannot demand a trial by
jury. If they file suit, we file a motion to strike the "Jury Demand".
That simple. We even have court opinions to support this jury trial
thing. I am a "trusted source". Our membership has convinced almost
everyone, that our "system" is a lawful means of reflecting changes to
be recorded into public land records. It is that easy. It didn't matter
who had what. We've convinced the courts that the homeowner can't
challenge the assignments in our "system", and the counties can't
challenge our recordation's. The Secretary of State doesn't even have a
clue to how much I've kept from them by not filing financial statements.
And investors have yet realized the illusion I've placed before them,
and the "goods" they purchased. We get rich!
Now, until someone catches me, the greedy investor(s) will probably
believe that I followed all applicable law because I am a "trusted
source"; and the contract contains that "all applicable law" clause
also. I convinced the courts to believe the homeowner is a "deadbeat"
so, all I need to do is "take the money and run" because nobody caught
on to what I was doing. Not even the lawyers.
And I tell you, it really made a mess of LIBOR, and as smart as people
seem to think they are, I have enjoyed taking their monies from abroad,
all the while, committing the largest crime in the history of the U.S.
without being caught, and I am a "trusted source". I will go down in
history!
Confession never given;
How could I possibly do this? How could I
accomplish this "deed of trust" feat without being caught up front?
Ignorance of the people, that's how. They know nothing about the
electronic note I use and from what I have led them to believe has
worked for me up to this day. And that covered everyone; the investor,
the homeowner, the county recorders, the courts, the world, you name it,
they all fell for it. This made it very easy to commit the crime without
getting caught. They all believed me because I am a "trusted source".
I helped change the laws to insure these nuggets of gold. I "insured"
these things because I knew I could make a profit. And I made tons of
money off of the insurance claims. Write-offs to the IRS were a breeze.
I even taught my iniquities to the rest of the world to keep this
pyramid scheme afloat.
I have deceived the whole world! They trusted me! I am a "trusted
source".
And I will deny all of this because I refuse to incriminate myself. I am
protected by the Constitution. I am a corporation. I am a "person". I am
a "trusted source"
This is what has taken place to millions of real estate mortgages in the
U.S. It has been explained in so many different ways in our articles on
this website. Bottom line; All one needs to do is review the certain
covenant called "Sale of Note; Change of Loan Servicer; Notice of
Grievance" which reads; "The note, or a
partial interest in the note [together with this security instrument]
can be sold one or more times...." See a certain covenant in
a FNMA form
deed of trust. The covenant is in most GSE deed of trust. It is
usually located around #20. You may believe this to be ok?
Dirty Deed
Also within the dirty deed, a certain covenant usually called "Governing Law; Severability; Rules of Construction" which reveals that "all applicable law" will govern the security instrument. If the law was bypassed, how did a "mortgagee" retain a valid contract? By adhesion? By "electronic records"? Even the "electronic records" contain the adhesion contract. That's the "security" sold to suckers.
You do know what an adhesion contract is, right? It's a "my way, or the highway" contract. The courts do not uphold an adhesion contract [unconscionable] according to past opinions. But, if the court does not know it is an adhesion contract, how does the court know it is unconscionable? It is evident.
Unconscionable contracts, however — whether relating to arbitration or not — are unenforceable under Texas law. A contract is unenforceable if, "given the parties' general commercial background and the commercial needs of the particular trade or case, the clause involved is so one-sided that it is unconscionable under the circumstances existing when the parties made the contract."
"Unconscionability is to be determined in light of a variety of factors, which aim to prevent oppression and unfair surprise; in general, a contract will be found unconscionable if it is grossly one-sided. See DAN B. DOBBS, 2 LAW OF REMEDIES 703, 706 (2d ed.1993); see also RESTATEMENT (SECOND) OF CONTRACTS § 208, cmt. a (1979) ("The determination that a contract or term is or is not unconscionable is made in the light of its setting, purpose, and effect."
OK, so you think the contract is not "unconscionable"?
How do you consummate a contract of adhesion?
The deed of trust usually contains the definition; "Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. "; and the covenant; "16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract."
So, if "applicable law" was not adhered to, does that mean this would be a breach of contract from the get-go? And does 15 USC 1635 come into play? Just asking..... And how can you contract "estoppel by silence"? Are you thinking about "statute of limitations", or "statute of repose"?
Think Again
And if you think this kind of scheme is new to the courts, you'd be incorrect. Here is how the court provided the scenario in a scheme similar to the MERS scenario back in 1968; except the MERS scheme didn't last only a couple of years, it began "pre-ESIGN", and has continued to this day.
The confidence racket which was employed in 1963
and in 1965 involves a "stir man," a genuine federal reserve note, an
altered federal reserve note, and of course a "sucker." The "stir man"
contacts a "sucker" and shows him a "counterfeit" reserve note which is
an exact duplicate of a genuine note and which even experts would claim
to be genuine. He guarantees that a revolutionary duplication process
can be put in motion for quite a reasonable investment. To the
"sucker's" dismay, after contributing his share of the investment, he
learns that both reserve notes were genuine and that the only process
performed had been the altering of serial numbers and other markings on
one note to correspond with the other. Two facets of this confidence
racket concern us on appeal: (1) The "stir man" never intends to make
counterfeit notes or even to pass the altered note. He uses the note
only to get the "sucker's" investment. (2) The racket can succeed only
if the "sucker" is willing to participate in an illegal counterfeiting
scheme.
Two facets of this confidence racket concern us on appeal: (1) The "stir
man" never intends to make counterfeit notes or even to pass the altered
note. He uses the note only to get the "sucker's" investment. (2) The
racket can succeed only if the "sucker" is willing to participate in an
illegal counterfeiting scheme.
And later on in the opinion, the court stated;
The government does not establish services for the benefit of thieves. It does not wish to be an unwitting accessory in crime. Therefore, it has a valid interest in guarding against fraudulent misuse of its services, even if the fraud may never injure the government itself.
Moreover, because attacks upon the physical integrity of currency in particular may endanger society by depleting the public trust in its economic standard, the government must establish sanctions to discourage such attacks. See United States v. Raynor, 1938, 302 U.S. 540, 58 S.Ct. 353, 82 L.Ed. 413.
That was in Barbee v. United States, 392 F. 2d 532 - Court of Appeals, 5th Circuit 1968
Yep, alter the paper note into an electronic image and fool even the "experts" into believing it to be "genuine".
You can
read about Merky MERS
here
You can read the information previously posted in this area
here
JP's are dangerous to the economy
Have you ever read First National Bank of Montgomery v. Daly [1969] ? Although the judge held to his constitutional oath, the case was eventually eventually overturned. I suppose it was not favorable to have a justice of the peace opine in favor of a homeowner?
Even today, a justice of the peace carries a huge injustice to homeowners, and most of these "justice" people are not even lawyers, and know very little about the law, except "their" law. They only look at their "status". I've witnessed one such as this in Taylor, Texas. They give thieves other peoples property, talk down to the homeowner, like they are "deadbeats". JP's are dangerous. That's where the FED starts. once the JP has ignorantly ruled, appealing to a higher court is the burden of attempting to overturn the JP's ignorant decision. Most know where that gets them?
Banks are big, and banks are secret. When banks are in the corner, discredit is the best way to harm a person, even judges. They've lots of money to throw around to get what they want. Many men are greedy. It appears that case was a warning to both lawyers and judges? The lawyer lost his BAR card, the judge died? For what? Lack of consideration? Nonetheless, an "industry standard" that works well beyond the boundaries of the U.S. Constitution, and many fear the repercussions of challenging such "lack of consideration" used for both paper, or electronic promissory notes.
Whom do you fear the most? Man, or the Most High?
Ramble on
While I am at it, have you ever read Downes v. Bidwell, 182 US 244 - Supreme Court 1901. If nothing else, you get a good lesson on U.S. history. But, if you pay attention, you may be asking questions about "Puerto Rico" and its "association" with the corporate united states, and the Constitutional issues that come with it? I have nothing against of the people of Puerto Rico, but maybe what we should all understand is that we have all been deceived. Nobody is immune.
PARALEGAL CHECKLIST [Source]
Contract Enforceability Under Article 2
1. Most enforceability issues are left to the common law with the exception of unconscionability and Statute of Frauds.
2. Unconscionability
The unconscionability issue may be raised by either party or by the judge and, if raised, the court must hold a hearing on that issue. UCC § 2-302.
a. Is the contract or a clause
unconscionable under the definition “ absence of meaningful choice on
the part of one party with the other party taking advantage of this
absence by imposing unreasonably favorable terms”? The definition of
unconscionability is common law.
b. If unconscionable, the remedies are limited by the Code. UCC §
2-302(1).
3. Statute of Frauds
a. If the contract is for the
sale of goods and the price is $500 or more, the contract must be in
writing. UCC § 2-201(1).
b. Does the writing meet the following three requirements?
1) Does the writing indicate a
contract for sale has been made?
2) Does the writing include a quantity?
3) Has the writing been signed by the party against whom enforcement is
sought? UCC § 2-201(1).
c. If a writing is required and either does not exist or does not meet all three requirements, check the exceptions.
1) Has a written confirmation
been received? UCC § 2-201(2).
2) Are the goods specially manufactured? UCC § 2-201(3)(a).
3) Has the party against whom enforcement is sought made an admission of
contract in court or in court documents? UCC § 2-201(3)(b).
4) Have the goods been delivered and accepted or has payment been made
and accepted? UCC § 2-201(3)(c).
5) If none of the above applies, does your state permit reliance to
circumvent the Statute of Frauds?
What "Chain of Title"
If a pig had wings it could fly - If the real estate mortgage "securitization" process were lawfully accomplished according to law, and the contract agreements, between the parties to the intangible, this website would be useless. There would be nothing to write about in order to maintain this site. So, the pig's wings were an illusion as to how the pig would fly, just like the securitization process is an illusion before your eyes. In other words; This website is made possible by the criminal actions of others. There are too many to name, some may realize the crimes they've committed, for other's, their crimes may be unbeknownst to their blind eyes. Nevertheless, they would be considered guilty by association. Acts of treason are a serious matter. And all that was needed to make the securitization process work legally, was to abide by the laws that governed the underlying collateral which was, and is, being represented to the investors, IRS, and the Securities & Exchange Commission to name just a few. Was the petroleum jelly was ever passed around to the parties?
WORD CRAFTING - Word crafting is a skill. Word crafting is an art. Many lawyers use it. Those of iniquity, use it to deceive! Those who believe the deception become the victim. Those whom understand their deception; will overcome! Those who knowingly, or unknowingly, committed these crimes must make amends before the Lord. The Law of cause and effect cannot be overlooked. “Shallow men believe in luck or in circumstance. Strong men believe in cause and effect.”
THE PROBLEM - Individuals associated with the mortgage banking industry, alone, or in whole, have crossed the line from honesty to deception. In truth, everything [movement of mortgage loan] after the "originating lender", does not matter to a homeowner. But it does to the Account debtor. Treason could more likely be a word that comes to mind when this debacle is understood? However, this debacle is not just about the mortgage banking industry, it could be political people from the lowest to the highest offices of the agencies of both the "several states"; and the United States government, lawyers, judges, agents, or representatives, only time will tell. In the meantime, picture this;
WHETHER THEY KNEW, OR NOT - Whether they knew they were involved or not, the issue of truth, and justice, resides between them and the Creator.
ANOTHER PROBLEM - Most of the world seems to have confused the difference between a physically written signature; and an electronic signature. There is a difference. Images are not signatures. Is it because the world was gradually herded toward ignorance? Most individuals were born prior to, or during the "new world", so most do not even realize there is a problem with how certain individuals have led them to "buy and sell" of worthless goods to intangible investors. If you were to ponder the concept of Mortgage Electronic Registration System, it was to help speed up the mortgage process, and it did, in the intangible secondary market. The problem with what MERS members failed to do was to preserve the security for the underlying collateral. And relying upon the worlds ignorance, words were crafted, so they could speak parallel to the meanings of what the world assumed the word meant. They present a scanned image on a piece of paper in front of you and you believe it is the real thing? You see, people have been making "copies" of originals for a long time, and that is ok. But, to have a "copy" and make a claim to something like an Article 3 Note, the original is the evidence, not the copy. There are no exceptions. Someone has to have it or how can they claim an alleged debt owed? Centuries old laws. Zombie "debt collectors" attempt it all the time. They rely on your ignorance. Nevertheless, it is a bit more to explain and many articles and charts created by James McGuire will help you better understand. If you can't, I've tried my best to help you understand his knowledge of who, what, when, where, and how both the tangible and the intangible was used to mislead the world. Read, learn, understand, it could save you.
THE SHAMEFUL PROBLEM - For years now, I have witnessed the judgment of ignorant men and women who have departed from the Royal law. Shame on you. Whether you, the reader, or someone you know, lost their "home" to foreclosure, whether you, or them, tried to fight over it in court, or not, you, or they, have heard the vial words coming out of other peoples mouths that make you feel guilty, like you are some type of person who can't manage their money. Shame on them. They are hypocrites! They sin yet they cast stones.
IT IS WRITTEN - why do you observe a chip in the eye of your brother, but you do not see the plank that is in your eye? Or how can you say to your brother, 'My brother, let me cast the chip out from your eye, when behold, the plank that is in your own eye is not visible to you? Hypocrite! First cast out the plank from your own eye, and then sight will be given to you to pull out the chip from your brother's eye.
A Plea to the hearts of men
Brothers and sisters, forgive them because they don't really know what they are doing. In truth, they were led like a horse with a carrot in front of it, to ignorantly judge you to be a failure. Who gave them Authority to judge you? Man? They do not see the art of war playing out before their eyes. Divide and conquer.
To those
who judge, you should be ashamed of yourself. Do you really believe you
have that authority? Your authority is given to you from a higher power.
Your authority was not given to you to act outside of the written Law.
It is certain that your cause will have an effect.
To those who wear robes, where in your law does it provide your
authority to act outside your law? Are you the Authority? Whence did you
receive that authority?
It is also written; You shall not judge, lest you be judged. For with the judgment that you judge, you will be judged, and with the measure that you measure, it will be measured to you.
A Badge of Honor
To those whom wear the badge of
enforcement, where in your law does it provide you with the authority to
act outside your law? Where in your law does it authorize you to ignore
the law, and fear a man in a robe, threatening your career, if you do
not follow his orders? Did you not remember you gave an oath, something
you should have never done, yet, you did. What was that oath?
To all of you,
Whom gave you the authority to treat the image of God, as you do? Why do
your words have no honor?
WHERE ARE THE HEADLINES? - People today have seemingly not understood what was accomplished by this simple act of deception. If it were known, it would be headlines by now. If it is known, it is being hidden from you. If it were known, there would be unrest, there would be war. Was Enoch correct?
IT IS UNSUSTAINABLE - There is an unseen "intangible" debt, the largest the world has ever seen. It is the invisible god of babylon, a mystery. Many have read the articles, and reviewed the charts provided on this website. As I've witnessed, many seem to be looking for some type of "silver" bullet to help them defend themselves from the tactics of the certain banks attacks attempting alleged repossession, a.k.a. foreclosure. A simple solution to the whole problem exists, yet, few seem to look for it.
DECEIVED - Is it possible the certain banks are unaware of these actions against an innocent homeowner? Are United States lawmakers turning a blind eye to this debacle? Is it possible that individuals in courts of law are that ignorant? The truth will be revealed, and only they will provide it.
A CHALLENGE
We've challenged the world for years now to prove us wrong? Care to take
up the challenge, like the rest? Many have, and many are educated.
Crying Out - Oh Lord, my God, wake your children from the slumber of this intoxicated world, for the sake of the widow's son.
"If men, through fear, fraud, or mistake, should in terms renounce or give up any natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation. The right to freedom being a gift of ALMIGHTY GOD, it is not in the power of man to alienate this gift and voluntarily become a slave." Samuel Adams, 1772
Peace be with you