$2 Million Penalty or Satisfy Mortgage
June 24, 2010
A bank faced a $2Million penalty for filing a mortgage claim on a homestead using a counterfeit “negotiable instrument”, a copy of the promissory note. The bank failed to produce the “wet-ink” signature promissory note (the negotiable instrument) that the mortgage document was to rest. To avoid the $2 Million in penalty, the bank chose instead to satisfy the recorded mortgage in the amount of $505,000. In Florida there are honest judges.
A bank normally charges about $36 per check for an overdraft in a checking account. It is reasonable for a $2Million penalty to be assessed a bank that seeks property without legal documentation using a copy rather than the original that may have been already sold and the mortgage satisfied. If the bank makes the choice instead to have the responsible officer to be exposed to twenty years in prison, the alternative is reasonable.
A legislative act should be enacted to make the penalty uniform for all banks in the state in which the bank is located. For a state that is “non-judicial” that uses a “Deed-of-Trust” system, then the trustee who advances a foreclosure based on counterfeit documents should be subject to the same penalty as the bank official who attempts theft using counterfeit documents.
The Kansas State Supreme Court estimates that over 60 million theft attempts using counterfeit documents are likely to be made. At $2Million per attempt the ranks of counterfeiters would dwindle.
When will all court systems abide by the constitution rather than support treason? The loan principal once paid should return to its rightful owner, not to the bank through the filing of a 1099A. Maybe after full-disclosure the loan principal may go to the “peoples government” so that taxes could be eliminated. Politicians use money from thieves to get re-elected. Right could prevail if wrong was made to surrender, or else.
