Words from the Rising Republics

June 22, 2012

The Instrument and Identity Theft

The bank or the mortgage company considers your signed promissory note as an asset, and once accepted the bank then moves to balance the banks books by putting an equal amount of credits (bookkeeping entry) into your account creating the liability. The bank cannot lend anyone money from its customer’s deposits or from its reserves. Only loan credits can be deposited into an account using fractional banking as licensed by the US Treasury that regulates banking.

When an examiner visits any bank, the examiner first determines the amount of deposits, and then examines the bank’s T-Chart to determine if the bank is within the set lending limit. A bank may issue credits and can never lend money. The credit issuing limit is a multiple of the amount of deposits on the bank’s books.

The promissory note outlines the required number of Federal Reserve Notes earned by the borrower’s labor that must be returned to the bank in order to satisfy the conditions of the promissory note. The amount and length of time for the return of Federal Reserve notes as satisfaction of the note requirements are outlined in the document itself. Once the note is paid in full within the timeframe as outlined in the note itself, then the bank must surrender the note as paid in full, and must release any notice of lien as recorded at the courthouse, collateral used for liquidation in the event that the terms and conditions of the note are not satisfied exactly.

Should the instrument be destroyed by a disgruntled employee or the original promissory note be  stolen, then the issuer of the promissory note is no longer required to pay and the collateral attached to the note must be released.

There are two laws that govern promissory instruments that are monetized. Both laws are from the Uniform Commercial Code.

1.  UCC Section 3 – 501(b) Surrender the instrument if full payment is made.

2.  UCC Section 3 – 305c 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 and the obligor proves that the instrument is a lost or stolen instrument.

Full disclosure by the bank is rare in a mortgage transaction. A borrower is led to believe that the filing of the mortgage at the County recorder's office is a lien. The record of the mortgage at the County Courthouse Records is a notice of a lien. A perfected lien is one that is reduced to a judgment fully signed by a judge in a court of competent jurisdiction, and is the result of due process where both sides are free to present facts as known to them complete with documentation that can be authenticated.

In a non-judicial state a due process hearing is not necessary when the borrower waives his rights to due process. In order to confirm that the borrower has waived his rights, a newspaper legal notice outlining the foreclosure sale is published for three consecutive weeks, and is published in the newspaper located in the county where the promissory note was signed and in the county where the property is located. If the advertisement for the foreclosure is not rebutted, then the foreclosure attorney assumes that consent to the sale is confirmed by Nil Dicit and that the taking of the property gains the borrower’s approval through silent consent. After proper notice, silence is consent.

The bank or mortgage company is usually a legal entity called a Corporation and must have court representation by a barred attorney in any court of fiction. If there is no documented consent by the borrower, then only a court of competent jurisdiction can rule that a borrower is in default. A simple statement by the mortgage company that the promissory note is in default carries no weight in court or has any lawful validity.

Before a foreclosure can be consummated there must be the filing of a replevin bond.  The bond is in the amount treble the mortgage. The bond must be filed with the county treasurer.  The bond is subject to a wrongful foreclosure. When a wrongful foreclosure takes place, the replevin bond is cashed after the judge has determined that the foreclosure was wrongful.

A bank or mortgage company is a corporation, a legal entity.  The attorney who filed an appearance as representing the Corporation becomes its flesh and blood authorized representative. When the flesh and blood authorized barred attorney, under the color of law, steals the borrower's property he has committed a crime and is subject to the law governing such felony practices in like manner to the felony committed by “Machine Gun Kelly” who robbed banks.  The bank uses the attorney to rob people for them under the color of law through wrongful foreclosure.  Because the barred attorney has committed a felony, he must be disbarred for life, and he must have all of his personal property attached and liquidated until the replevin bond is satisfied.

When the instrument has been lost or stolen the big banks state erroneously that the mortgage company has nonetheless a valid loan and lien on the property. Such statements are an attempt at theft.  Without authority the mortgage company or bank through its legal representative, the barred attorney proceeds to liquidate the property.  The borrower is told to be satisfied by the bank’s release of the courthouse recorded lien.  The monetized instrument is not returned, as so stated in the bank’s policy, and the instrument is, instead, still in circulation.  God is not happy that widows and orphans are inevitably created by the sin.

The law governing mortgage transactions are written in law, not written in commercial fictional acts. The law states that no person can be deprived of his property without due process.  Legal fiction and all its actors are fashioned for the purpose of stealing property. Anyone who takes another's property without authority is a thief be they an attorney or a bank or mortgage company.

A court judge resolves disputes. A judge order is the record of the hearing conclusion and is the authority for his lawful judgment to be executed. Any attempt to seize property without a judge's order is theft.  Beware of an offer of accept a deed in lieu of foreclosure.  To date, from my experience, no bank has ever been able to exchange the note for the deed because the bank does not know the location of the note.  It has been stolen by identity theft.  In Florida a note accidentally lost can be restored by judicial process.  Jesus said it best, “Which devour widows’ houses.”  Hypocrites have no conscience.

Glass-Steagall was repealed in 1999. Its repeal led to the demise of America.  Five big banks have hundreds of trillions of dollars of phony paper in circulation.  God help us.

 

The law cares not who paid the note as long as it is satisfied.  All notes that are signed by a borrower must be paid in full before the signed note can be made into a bond to then be traded on Wall Street and never to be disclosed as a Ponzi scheme. The note paid in full must be returned to the borrower as satisfied and out of circulation. All MERS related foreclosures cannot be enforced as ruled by the Kansas State Supreme.

 

An informed law enforcement official might do just fine now. Vengeance is mine saith the Lord.  “I will repay saith the Lord.”  Pray that one will be ordained for His purpose.  Look often to Jesus.

 

Your duty is to report to the sheriff knowledge of any felony especially one in progress so that the felon be brought to justice.

18 USC § 4 - Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

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