August 09, 2019

 

FOR WHAT ITS WORTH

     The real issue always at hand is distilled into one word, CONTROL. In the instant Quiet Title Action, Wells Fargo had sold the loan and was without lien yet took control so that the City of Ozark could take control of the property without an Eminent Domain procedure and appearing to gain control at a small fraction of the property value.

     In 2008, when earnest money had sealed a sale, Wells Fargo sabotaged the sale by reducing the property value to zero and making it unmarketable. Snipers on the roof and other law enforcement personnel were at the foreclosure auction to control the number of bidders, limiting the number to one.

     What do you call it when a bunch of companies colludes to set prices, fix markets, close off competition, capture regulators, and bribe politicians? We call it a cartel, right? Few have heard the term, BANKING CARTEL.

Nelson Rockefeller famously said, “The secret to success is to own nothing, but control everything.”

It is against equity to deprive freeman of the free disposal of their own property. Co. Litt. 223. See 1 Bouv. Inst. n. 455, 460.

     Big Central bank officials escape 20-year jail sentences because the corporations are considered by congress “too big to fail” even when the officials function as criminals making them what the FBI before congress has labeled as “criminal enterprises”. A multitude of crimes, at a minimum, avoid prosecution under Title 18 §1512(B) alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding;

“Banking was conceived in iniquity and born in sin. Bankers own the earth; take it away from them but leave them with the power to create credit, and, with a flick of the pen, they will create enough money to buy it all back again. Take this power away from them and all great fortunes like mine will disappear, and they ought to disappear, for then this world would be a happier and better world to live in. But if you want to be slaves of bankers and pay the cost of your own slavery, then let the bankers control money and control credit.” - Lord Stamp, Director of the Bank of England, 1940.

     Slightly over the past decade, the one percent have amassed control of nearly forty-six percent of the nation’s assets up from less than ten percent two decades ago. Will “Proof of Claim” enforced by the Rule of Law prevail? Public officials work for the citizens not the other way around and especially not work for the CARTEL FICTION.

"It is not the function of our Government to keep the citizen from falling into error, it is the function of the citizen to keep the Government from falling into error."  American Communications Association v. Douds, 339 U.S. 332, 442 (1950).

“A jury could find it strange that those who insist that their conduct was proper and the intent pure went to such great lengths to hide it all from the light of day. From such secrecy much may be inferred.” Cox v. Adm”r U.S. Steel & Carnegie, 17 F.3d 1386, 1402 (11^th Cir. 1994).

May 15, 2019

 

The Act of 1871: The “United States” Is a Corporation – There are Two Constitutions

Since the Act of 1871 which established the District of Columbia, we have been living under the UNITED STATES CORPORATION which is owned by certain international bankers and aristocracy of Europe and Britain.

In 1871 the Congress changed the name of the original Constitution by changing ONE WORD — and that was very significant as you will read.

Some people do not understand that ONE WORD or TWO WORDS difference in any “legal” document DO make the critical difference. But, Congress has known, and does know, this.

1871, February 21: Congress Passes an Act to Provide a Government for the District of Columbia, also known as the Act of 1871.

With no constitutional authority to do so, Congress creates a separate form of government for the District of Columbia, a ten mile square parcel of land (see, Acts of the Forty-first Congress,” Section 34, Session III, chapters 61 and 62).

The act — passed when the country was weakened and financially depleted in the aftermath of the Civil War — was a strategic move by foreign interests (international bankers) who were intent upon gaining a stranglehold on the coffers and neck of America.

Congress cut a deal with the international bankers (specifically Rothschilds of London) to incur a DEBT to said bankers. Because the bankers were not about to lend money to a floundering nation without serious stipulations, they devised a way to get their foot in the door of the United States.

The Act of 1871 formed a corporation called THE UNITED STATES. The corporation, OWNED by foreign interests, moved in and shoved the original Constitution into a dustbin. With the Act of 1871, the organic Constitution was defaced — in effect vandalized and sabotage — when the title was capitalized and the word “for” was changed to “of” in the title.

THE CONSTITUTION OF THE UNITED STATES OF AMERICA is the constitution of the incorporated UNITED STATES OF AMERICA.

It operates in an economic capacity and has been used to fool the People into thinking it governs the Republic. It does is not!

Capitalization is NOT insignificant when one is referring to a legal document. This seemingly “minor” alteration has had a major impact on every subsequent generation of Americans.

What Congress did by passing the Act of 1871 was create an entirely new document, a constitution for the government of the District of Columbia, an INCORPORATED government. This newly altered Constitution was not intended to benefit the Republic. It benefits only the corporation of the UNITED STATES OF AMERICA and operates entirely outside the original (organic) Constitution.

Instead of having absolute and unalienable rights guaranteed under the organic Constitution, we the people now have “relative” rights or privileges. One example is the Sovereign’s right to travel, which has now been transformed (under corporate government policy) into a “privilege” that requires citizens to be licensed.

By passing the Act of 1871, Congress committed TREASON against the People who were Sovereign under the grants and decrees of the Declaration of Independence and he organic Constitution.

The Act of 1871 became the FOUNDATION of all the treason since committed by government officials.

April 08, 2019

 

ESCAPING THE GLOBAL BANKING CARTEL

LICENSE TO PRINT MONEY OUT OF THIN AIR.

      Big Central bank officials escape 20-year jail sentences because the corporations are considered “too big to fail” even when the officials function as criminals making them what the FBI before congress has labeled as a “criminal enterprises”.

     _______ crimes, at a minimum, avoided prosecution under Title 18 §1512.

     Public officials work for the citizens not the other way around.

THE ANSWER: All Public Officials, without a “faithful performance bond”, must be immediately removed from office. __________ TOMORROW. Afterwards vacate all governmental offices until all are emptied and then refilled with bondable servants.

     Seize all the un-bonded officials’ personal assets until all the damages they imposed. Settled all claims for “unfaithful performance”.  

     The “destructive cancer” will consume America if we citizens allow it to continue and to spread. It is our duty to insist upon the Rule of Law.

 

"It is not the function of our Government to keep the citizen from falling into error, it is the function of the citizen to keep the Government from falling into error."  American Communications Association v. Douds, 339 U.S. 332, 442 (1950).

 

     What do you call it when a bunch of companies colludes to set prices, fix markets, close off competition, capture regulators, and bribe politicians? We call it a cartel, right? Like the oil cartel. You have heard that term before? Few have heard the term, BANKING CARTEL.

    Oh, we don't hear that term. In America, we don't have the banking cartel? We don't talk about the information cartel, right? Across America, some work for one of the information cartel companies, even in Alabama. Cartels are most insidiously when we don't talk about them, when they hide in the shadows, but are in plain view.

   The banking system payments, the finance system is the biggest cartel in the world. Nobody calls them a cartel because they are the biggest cartel in the world.

     So, they own all of the media, newspapers, TV channels, politicians, lawyers, and their gang-member network makes it very easy for them to get away with crimes. In fact, MAGA CRIMES. Ten million foreclosures in less than a decade, few enforceable foreclosures, as decided by the Kansas State Supreme Court.    

     Just after the crisis in 2008, instead of some banker gang members going to jail, what happened was that they set up additional layer of crimes through a series of fraudulent foreclosures, “robo signing”. Remember that crisis?

     One of the leading companies in that ‘robo signing space”, the biggest “robo signer” of all was run by a guy called STEVE T. MNUCHIN. What that guy does today is that he is the Treasury Secretary, and apparently, he can do that job without running it from a jail cell.

     He caught a deal. He didn't have to accept any wrongdoing. Then quickly got a “cozy” job where now he has the ultimate level of protection, which is qualified immunity.

     That is how cartels work. First, capture the market, then capture the regulator who is always, of course, about consumer protection. The regulator is there to protect against evil things happening. Like for example, money laundering.

   If you don't have a banking license, no money laundering for you. But if you do have a banking license, well, I mean everyone must protect the system. So, they'll be fine. Usually the fine (even $25 billion) will be less than what the cartel stole ($32 Trillion) by money-laundering and identity theft. Actually, money laundering and the many exemptions granted, turns illegal plunder into legal plunder that allows them to get away with it, right?

     Of course, we don't want to see a new financing of terrorists, except for the ones we do through the State Department, the CIA or the banks, in which case those are good people. So, we have Homeland Security Regulators who can early identify the source of funds for terrorist capture. The Cartel simply ignores making any self-incriminating reports even though the report is mandatory. The Central Banking Cartel has determined national security an obstacle in its global quest of favorable balance sheets. What matters is an accumulation of worthless derivatives. The annual bonus is made to look authentic, a kind of situation doll- playhouses.

   It encourages behaviors that are fundamentally parasitic so when capitalism fails, in this particular mode, and when crony capitalism has been fully embraced, a new word is spoken, kleptocracy. Kleptocracy is from the Greek word klepto, which means thief and cracy which means authority.

   So, the thieves are in power, literally that is kleptocracy. What happens when you have a kleptocracy is that the most parasitic behaviors get rewarded so it's actually not about competing when you operate business at that scale.

   It's not about competing. What it is about is finding the biggest flow of money in the economy, straddling that money pipe and sticking the straw into it and sucking as much of that money out as you can.

     So, you can establish yourself as a parasitic leech on the flow of money which pretty much describes the entire bank and financial payment system, (fractional- banking) on the idea, first find a job that requires an intermediary, and the reason it requires an intermediary is because you've made sure that you bought some lying lawyers mouthing incompetent evidence courts rule authentic, and some lawmakers to write a law that makes it necessary to require an intermediary, specifically the cartel. You then stick a strong plow into the flow of money and the cartel start extracting rents from the fashioned peons. It is called rent-seeking-behavior seen taking the nation’s assets by half a percentage point here and half a percentage point there. Nothing is at risks, but the costs to the peon is three times its stated original value. The peon can never own what the peon’s labor purchases.

     We have this wonderful thing called fractional-reserve-banking, which if you try to describe to a small child, they probably turn around shortly and say that sounds like a fraud and they would be right. But, of course, there's a big difference between a fraud and something that's illegal plunder. How it is spun depends on which politicians or law enforcement that is bought to make sure it is called “legal plunder”.

   So, we have these parasitic cartel companies that sit on top of these flows of money extracting rents they create. This rent seeking behavior, and in doing so, will disrupt competition and make sure that no one can compete. Competition is disrupted by the buying of competitors, by suing competitors or, even better, by making sure the competitors can't keep up with regulation by capturing regulators. Cartels make sure that the competition is kept at bay. What is most important, its constructed façade is such and is made certain so that nobody can call it a cartel.

   Instead, we call it the shining example of American capitalism and the end result of this would be appallingly in its own self-righteousness. I mean, obviously, this is not a good model to run an economy. It's not a competitive model to an economy, but who is really hurt doesn't really matter if a bunch of people get obscenely rich without having to compete with others. Doesn't really matter to most people in a semi-functioning and thriving economy.

   It doesn't matter. That's the magic. Until money breaks, it is just part of the benefits of freedom. The premium of liberty is the ability to not give a rip about how any of it works. You don't need to worry about these details, you live in a free country. You are free to instead pay attention to Sunday football and enjoy your life and have another hot dog. When money stops working, suddenly all of it comes crashing back and you have to start learning some new vocabulary.

     Suddenly, at some point at the end of 2008, we all began learning new vocabulary. “Granny, what is a credit-default-swap?” “Let's ask uncle Gene. He has a degree in finance.”

   He doesn't know either. The people in the business didn't know the definition of a credit-default-swap. Most of all, they know not how it works and who was found to be behind it.

     Suddenly, everybody needs to know what a credit-default-swap is because apparently a giant hole was chewed right into the middle of the economy. Money stops working.

     Everything stops working and suddenly everyone is on a crash course to learn about whose fault was it? There are two alternative histories. In one of these histories, there were some slipups, some things happen. Some people made some mistakes, assumed to be bad mistakes. BUT YOU KNOW THEY'RE JUST PEOPLE TRYING TO DO THEIR JOB. In the end it was mostly the fault of greedy homeowners who didn't read the fine print carefully enough to realize that they were buying a ballooning interest rate and had the audacity to want to own a home.

   So, because of these greedy people, the real estate market hadn't seen worse. But don't worry because you know the responsible people had their homes taken away. The banks got some cash infusions which we don't talk about too much. After everything was fixed by passing laws so that it cannot happen again. All were told that really, really it was just a small blip. In the next 10 years, we just rebuild everything and everybody's happy.

     And now we have a warning, I can't believe it's working great. That story number one, story number two, which may be for little more professionals who are probably more in the middle class and are promise blind. They strip mine the entire economy. They have an orgy of fraud in which they knew exactly what they were doing because there are mountains and mountains and mountains of evidence that the least competent RICO lawyer could use to unravel the entire thing and SEND 500 PEOPLE TO JAIL FOR 25 YEARS and all that was ignored because we have to save the system. Otherwise the system would crush us all, so we dumped more than $10 trillion in an orgy of QUANTITATIVE EASING into the banks, which they did not used to stimulate any part of the economy, but instead to blow another giant bubble into real estate. The giant bubble into the stock market, a giant bubble into student loans, into subprime auto, into every part of the economy while at the same time they make sure those cops out there beat the sh** out of anyone who had the audacity to go out and protest as part of occupy Wall Street and that didn't work and they turned protest into a crime in an orgy of crime. They didn't just damage the economy. They rape the rule of law in this country and destroy the justice system so they could get away with it and we come full circle today 10 years later and where are we, $10 trillion more in debt. 10 more giant bubbles and it's going to happen again because a system like that is fragile because a system like that is corrupt and it's not just corrupt but it is architecturally designed in such a way as to reward and encourage that kind of behavior using a system of incentives if when you commit a crime, the penalty is less than the profits you made committing the crime.

   That is LEGAL IMMUNITY. That is a very, very loud signal in a system of capitalism, which says, do it again only this time leverage more. We could probably squeeze out another 10 years. Now a lot of solutions have been proposed for this because the problem with destroying institutions within a society is that many people who are then functionally destroyed, whose livelihood gets destroyed. Rage upon rage gets misdirected. It's the old adage of the really rich guy having 99 cookies. The middle class having one cookie and the rich guy dispatching suits going to take the other cookie and that's the oldest trick in the game. That is but one little piece of information.

     One of the houses stolen by Steve Mnuchin's Robo signing firm was taken by suits acting under the radar. I will not name him because he doesn't deserve to be named, who sends 17 bombs to Democratic congresspeople, just a few weeks ago. The guy got Robo closed on by Steve Mnuchin and decided to turn his rage against immigrants, gays and Democrats, for what reason, I don't know.

     But the point being is that when you have that kind of destruction in a society, when you destroy the institutions of the rule of law and you create rage among people they don't know where to turn and what you have is violence and extremism, bigotry, hatreds, and a desperate desire to find someone to blame.

     And of course, you can't really blame those guys because they are behind a very tall wall, so they have very good security and guillotines are out of fashion, so they try that in France, but cannot do it again because we are now a civilized country.

     So, what do you do protests? Okay, well that ends in an orgy of violence by militarized police which is doing exactly what police have always done? You can't do that, occupy, was tried, Again, an orgy of violence. See a lot of young voters who tried to see it. The conclusion was a course of least resistance, “Like I don't give a blank. These old people messed it up. I'm just going to go and play my game and ignore all of this.”

     Doesn’t work out very well trying to become part of the parasitic class. Who has somehow scrambling and clawing away escaped the middle class? Only problem is, this time, in full view the cartel ship is coming out behind you and it's moving faster than you are. In the middle-class movement, it is actually sliding backward so fast that while some are trying to scramble out of it, the middle-class is really backsliding so that doesn't work. Can we fix this problem?

 

WE STOP HERE BEFORE IT GETS BLOODY.

February 20, 2019

 

WAS THE HOLMAN HOUSE IN OZARK, ALABAMA STOLEN BY LAW ENFORCEMENT THIEVES?

An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course. Ala. Code § 7-3-305c.

 Wells Fargo Bank, N.A. reported to the IRS that it was not the lender, holder in due course, therefore Wells Fargo conducted a wrongful foreclosure without a security bond that would give treble damages remedy to Wells Fargo’s default.

 City of Ozark used law enforcement presence including rooftop snipers with high-powered rifles to ensure that it, the City of Ozark, would be the only bidder, thus evading the exercise of the power of eminent domain that provides for just compensation decided by a judicial tribunal. Legal Title conveyance results only from the exercise of the power of eminent domain.

 Wells Fargo steadfastly refused total prepayment even after deposit of enough legal tender was made in the main Birmingham Bank’s vault. Without an instrument to satisfy, no funds can be exchanged that would clear the title so that a legal sale can be accomplished. Wells Fargo filed a false instrument into the Dale County Probate Office records with impunity. Wells Fargo produced no proof of claim. Instead, Wells Fargo's attorney statements were accepted as truthful competent evidence.

Wells Fargo’s refusal to answer questions and to yield a Mortgage Bankers Bond invoked Alabama Code Title 7 Commercial Code § 7-2-609 that states: After receipt of a justified demand, failure to provide within a reasonable time not exceeding 30 days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.

The simulated non-judicial foreclosure auction was declared null and void before the fraud was conducted.

Ala. Code Section 35-10-9 Sales contrary to article null and void.

All sales of real estate, made under powers contained in mortgages or deeds of trust contrary to the provisions of this article, shall be null and void, notwithstanding any agreement or stipulation to the contrary.

EXCERPTS FROM THE LAW ARE SHOWN BELOW.

No one has been able to rebut the dictates of the law that defines the theft of the Holman House property. Again, was the Holman House in Ozark, Alabama stolen? You decide!

From the Code of Alabama 1975

Section 41-9-240

(4) To acquire, by exercise of the power of eminent domain, historic structures of paramount or exceptional importance, such as those Alabama landmarks eligible for nomination to or recorded in the National Register of Historic Places; provided, that at least two-thirds of the members of the commission shall vote to acquire such structures by the exercise of this measure;

 

5th amendment to the Constitution of United States of America 1789 (rev. 1992)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 Eminent domain in the United States

Eminent domain in the United States refers to the power of a state or the federal government to take private property for public use while requiring "just" compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.

Ala. Code Section 35-10-9 Sales contrary to article null and void.

All sales of real estate, made under powers contained in mortgages or deeds of trust contrary to the provisions of this article, shall be

null and void,

notwithstanding any agreement or stipulation to the contrary.

Alabama Code Title 35. Property § 35-10-1

Where a power to sell lands is given to the grantee in any mortgage, or other conveyance intended to secure the payment of money, the power is part of the security, and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money thus secured;  and a conveyance of the lands sold under such power of sale to the purchaser at the sale, executed by the mortgagee, any assignee or other person entitled to the money thus secured, his agent or attorney, or the auctioneer making the sale, vests the legal title thereto in such purchaser.  Probate judges shall index foreclosure deeds by the names of the original grantor and grantee in the mortgage, and also by the names of the grantor and grantee in the foreclosure deeds.

Alabama Property Rights and Remedies

§ 10.10(c) “there is no statutory time which an action to quiet title must be brought.”

American Jurisprudence 2d

§ 618. Liability for wrongful repossession

   Repossession of property is wrongful when there is no default of the debtor.

Furthermore, it has been said that where the creditor improperly refuses to accept payment of the debt, the creditor is estopped from repossessing the collateral on the basis that the debtor is in default, a conversion action is especially appropriate where wrongful repossession is at issue. (See Chesterton State Bank v Coffey (Ind App) 454 NE2d 1233.)

American Jurisprudence 2d

§ 611 Due process application

However, even when self-help repossession is valid under applicable due process standards, when state law enforcement personnel are present in the course of what began as a self- help repossession, the proceedings become state action and the debtor must be given notice and opportunity to be heard or there is a deprivation of constitutional rights. Waisner v Jones, NM 260, 755 P2d 598, 6 UCCRS2d 1374.

American Jurisprudence 2d 1966:

(Volume 25, Ejectment § 19 Strength of own title)

"A well-established principle which has acquired the force of a maxim is to the effect that a plaintiff in ejectment can recover only on the strength of his own title, and not on the weakness of his adversary's. The defendant is not required to show title in himself, and he may lawfully say to the plaintiff, "Until you show title, you have no right to disturb me."

 Federal Rules of Evidence

Rule 1002. Requirement of the Original

An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.

GAMBLE’S ALABAMA RULES OF EVIDENCE

2d Rule 1002 Best Evidence

 

     The best evidence rule is a legal principle that holds an original copy of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained. The rule has its roots in 18th-century British law.

 Alabama Rules of Evidence

Article X. Contents of Writings

Rule 1003.

Admissibility of duplicates.

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

 

This special treatment afforded duplicates is inapplicable if a genuine question is raised as to the authenticity of the original. See Myrick v. United States, 332 F.2d 279 (5th Cir.1963), cert. denied, 377 U.S. 952 (1964) (no error in admitting photostatic copies of checks instead of original microfilm in absence of suggestion to trial judge that photostatic copies were incorrect).

Additionally, the duplicate is not admissible under Rule 1003 without the offeror’s producing or accounting for the nonproduction of the original, if the circumstances would make it unfair to admit the duplicate in lieu of the original. Such circumstances would be presented when only a portion of the original is reproduced and fairness dictates that the remainder be made available to the opposing party for cross-examination. See United States v. Alexander, 326 F.2d 736 (4th Cir.1964); Fed.R.Evid. 1003 advisory committee’s note.

 

We cannot rely on the representations of counsel alone. Wright v. Emory, 41 So.3d 290, 292 (Fla. 4th DCA 2010) ("[An] attorney's unsworn, unverified statements do not establish competent evidence.").

FEDERAL RULES OF CIVIL PROCEDURE

(Rule   1002. Requirement of the Original.)

An original writing, recording, or photograph is required in order to prove its content.

 

MAXIMS OF LAW FROM BOUVIER’S DICTIONARY

It is against equity to deprive freemen of the free disposal of their own property.

     A Claim must be proven if a debtor demands proof.

     What does not appear and what is not is the same; it is not the defect of the law, but the want of proof.

       A deed or a bond found with the debtor is presumed to be paid.

       It is fraud to conceal a fraud.

       Law arises out of fact; that is, its application must be facts.

 

(See Dale County Probate Records MISC Book 282, Pages 288-302 for UNREBUTTED EXHIBITS for further proof.)

February 09, 2019

 

"It is not the function of our Government to keep the citizen from falling into error, it is the function of the citizen to keep the Government from falling into error."  American Communications Association v. Douds, 339 U.S. 332, 442 (1950).

   Chief Justice Howell Heflin and his clerk, now Senator Doug Jones, made it "lawful to evade" Alabama State Law and the Uniform Bonding Code (UBC), which requires all public servants to file with the Secretary of State a “faithful performance bond”. No one can hold public office unless he has on file an oath of office, a payment and a performance bond and his commission, which is either by election or appointment.

     Persons without proper Oaths do not and cannot have proper Bonds  OR satisfy the necessary requirements to “hold” a bona fide “Office”, by ‘commission’, “election”, or “appointment”.

     In short, an ‘Officer’ or “Office Holder” cannot but ‘occupy’ the office under false and misleading pretense, misrepresentation, and FRAUD, which strips the ‘individual’ of ‘law authority’ and ‘immunity’ under well-seasoned law of the land and sea.

     Brutum fulmen!!　 　Bonds that are attached to such juristic ‘persons’ are subject to claim and lien, after “adequate assurance of due performance” has been found lacking pursuant to U.C.C. 2-619.

     A proper Oath and Bond are but two of the three primary “poles” of “Office” [Oath, Bond, Commission].　 One cannot act upon being ‘duly appointed’ or ‘duly elected’ or ‘duly commissioned’ simply by incorporation and corporate administrative process.

     A government official, officer or clerk who is not bonded or who loses his bond, shall be held financially responsible for his own actions. He shall have, as the only support for his own authority, the pledge of his own personal property, real and movable, to satisfy the damages which he causes to citizens by the exercise of that authority.

How can one call another a "criminal" when he himself does not respect the RULE OF LAW?

January 21, 2019

 

Humpty Dumpty sat on a wall, Humpty Dumpty had a great fall; Threescore men and threescore more, couldn’t place Humpty Dumpty as he was before.

      Kansas Supreme Court ruling in Landmark National Bank v. Kesler, 2009 LEXIS 834, the court held that a nominee company called MERS has no right or standing to bring an action for foreclosure. Nobody has standing to foreclose. There are two sides to any contract. When both sides default, the contract is unenforceable.

     The bank defaulted when it abandoned its trust responsibilities by settling the promissory note through changing the debt to a stock without disclosure to the debtor. The debt so treated cannot be enforced unless the debtor is conned into allowing the “color of law” to proceed.

Quotes from the case:

     The real parties in interest concealed behind MERS have been made so faceless, however, that there is now no party with standing to foreclose. The Kansas Supreme Court stated that MERS’ relationship “is more akin to that of a straw man than to a party possessing all the rights given a buyer.” The court opined:

     “By statute, assignment of the mortgage carries with it the assignment of the debt. . . . Indeed, in the event that a mortgage loan somehow separates interests of the note and the deed of trust, with the deed of trust lying with some independent entity, the mortgage may become unenforceable. The practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the note to foreclose, unless the holder of the deed of trust is the agent of the holder of the note. Without the agency relationship, the person holding only the note lacks the power to foreclose in the event of default. The person holding only the deed of trust will never experience default because only the holder of the note is entitled to payment of the underlying obligation. The mortgage loan becomes ineffectual when the note holder did not also hold the deed of trust.” [Citations omitted; emphasis added.]

     “The sole goal of the [bailout schemes] is to prevent owners of mortgage-backed securities, many of them foreigners, from suing U.S. banks and forcing them to buy back worthless mortgage securities at face value – right now almost 10 times their market worth. The ticking time bomb in the U.S. banking system is not resetting subprime mortgage rates. The real problem is the contractual ability of investors in mortgage bonds to require banks to buy back the loans at face value if there was fraud in the origination process.

     “. . . The catastrophic consequences of bond investors forcing originators to buy back loans at face value are beyond the current media discussion. The loans at issue dwarf the capital available at the largest U.S. banks combined, and investor lawsuits would raise stunning liability sufficient to cause even the largest U.S. banks to fail, resulting in massive taxpayer-funded bailouts of Fannie and Freddie, and even FDIC . . . .

     “What would be prudent and logical is for the banks that sold this toxic waste to buy it back and for a lot of people to go to prison. If they knew about the fraud, they should have to buy the bonds back.”

   Humpty Dumpty cannot not be made whole, again. A Bail-Out is the application of make-up on the face of a corpse. Two million foreclosures this year will expose the blood dropping from the hands of the three branches of government. It must be set right. “Be sure your sins will find you out.”

December 08, 2018

 

One’s private life is his alone, even President Trump. The public cannot interfere.

Hale v. Henkel, 201 U.S. 43(1906)

Hale v. Henkel was decided by the united States Supreme Court in 1906. The opinion of the court states, in part:

     Page 201 U. S. 44 "There is a clear distinction between an individual and a corporation, and the latter, being a creature of the State, has not the constitutional right to refuse to submit its books and papers for an examination at the suit of the State;"

     Page 201 U. S. 74 "The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."

     Hale v. Henkel is binding on all the courts of the United States of America until another Supreme Court case says it is not. No other Supreme Court case has ever overturned Hale v. Henkel.

     None of the various issues of Hale v. Henkel have ever been overruled.

Since 1906, Hale v. Henkel has been cited by the Federal and State Appellate Court systems over 1,600 times! In nearly every instance when a case is cited, it has an impact on precedent authority of the cited case.

     Compared with other previously decided Supreme Court cases, no other case has surpassed Hale v. Henkel in the number of times it has been cited by the courts.

     "Stare Decisis" is the term to use in an Affidavit as a "Belligerent Claimant at Law" to rebut an alleged frivolous assertion. You may also use Article 4, Section 1,"judicial proceedings" & Section 2 to bolster instructions to the court, pursuant to the Mandatory Judicial Notice of the Federal Rules of Evidence 201-d. The court cannot overlook the 1600 citations wherein Hale v. Henkel has been used to assert the adherence to established precedents and not to disturb or unsettle the same. This is supported by one of the bedrock principles of our legal system is “stare decisis et non quieta movere” which, according to Black’s Law Dictionary, means “[t]o adhere to precedent and not to unsettle things which are established”. Found in Black’s Law Dictionary, Fifth Edition (1979), page 1261, citing Ballard County v. Kentucky County Debt Commission, 290 Ky. 770. (1942), 162 S.W.2d 771, 773. et al.

October 30, 2018

 

If an officer of the court causes dishonor, their bond must be forfeited to cure their dishonor.

Any officer of the court who forfeits their bond loses their job.

Next » Alabama Code Title 36. Public Officers and Employees § 36-5-2

In all cases, official bonds must be filed in the proper office within 40 days after the declaration of election or after the appointment to office, except bonds of tax assessors and tax collectors which shall be filed on or before September 1 next after their election or appointment.

Next » Alabama Code Title 36. Public Officers and Employees § 36-5-1

The official bond of every state official, agent or employee, except the bond of the Secretary of State, must be filed in the office of the Secretary of State and recorded in a fair hand or by printing the same or by the use of a typewriter or other writing or printing or photostatic machine, word for word in a well-bound book or books and indexed in alphabetical order according to the title of the office, and all of said bonds shall remain on file and in the custody of the Secretary of State, except the bond of the Secretary of State, which shall be filed, recorded and remain in the custody of the Auditor. (SOS Merrill has no bond.)

Section 36-5-15

Failure of officer to give bond within prescribed time vacates office; certification of failure to file bond to appointing power and filling of vacancy.

If any officer required by law to give bond fails to file the same within the time fixed by law, he vacates his office. In such case, it is the duty of the officer in whose office such bond is required to be filed at once to certify such failure to the appointing power, and the vacancy must be filled as in other cases.

5.4 - bonding of judges

A judge shall lose his bonding shall not be bonded, and shall be deemed

Un-bondable; (1) if he fails to protect the U.S. Constitutionally guaranteed remedies of due process and the equal protection of the laws of any citizen appearing in his court of law or of any citizen appearing in any court of the county in which he works whose case may come to his attention by any means.

Don't vote for any public official who has no bond on file  or is unable to post a bond..