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The Federal Reserve Has Set You Up: Set Them Up –
Right Back
With
the economy in its present Federal-Reserve-orchestrated-condition,
your eventual default on the promissory note and mortgage against
your property is assured.
Prepare now, for that inevitable day. The following is one
possible course of action against the criminal banks:
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References
to the Uniform Commercial Code (UCC) are to the Federal
UCC. Each state in the union, except Louisiana, has
adopted the Federal UCC into its own law. The Federal
UCC can easily be cross referenced to your local
jurisdiction. When using the UCC in your jurisdiction,
reference the version of the UCC adopted in that
particular jurisdiction.
i.e.: UCC § 3-301 has been
adopted in the Alabama Code at -- Ala.Code 1975, §
7-3-301.
The Cornell UCC state
locator can be found here:
LII: UCC - Locator <http://www.law.cornell.edu/uniform/ucc.html> |
When
in the position of being unable to make the next installment
payment, or future scheduled installment payments, prepare for the
inevitable claim from the banksters to have the right to foreclosure and
enforcement of the NOTE-Mortgage.
1. On the day after the date of the day you are served with the
foreclosure lawsuit summons, a critical time clock starts counting
down. By the last calendar day of the time-period noted on the
summons as the time within which you are to ANSWER the foreclosure
complaint, have prepared (1) for mailing via certified mail and (2)
filing, in the case noted on the summons in the court docket, a
Motion to Dismiss For Failure To State A Claim Upon Which Relief Can
Be Granted.
1.1 Start counting days on the day after you are served
with the summons to court in response to the bank’s foreclosure
lawsuit, (all calendar days must be counted). On the last day of the
specified time period file your Motion to Dismiss For Failure To
State A Claim Upon Which Relief Can Be Granted. (See Rules of Civil
Procedure, Rule 12(b)(6)). (Check the rules in the jurisdiction
where the foreclosed property is located; if the court has local
rules be sure to observe those rules also).
1.2 There is no advantage in filing the motion early.
Filing the Rule 12(b)(6) motion suspends the time for filing an
ANSWER.
About the
Motion to Dismiss For Failure To State A Claim Upon Which Relief Can
Be Granted:
2. The foreclosure claimant (bankster) is required to establish
the court’s subject matter jurisdiction over the case by evidence
proving a valid cause of action. That proof must be established
pursuant to the requirements of meeting the criterion for
qualification as "the real party in interest," and UCC § 3-301, and if applicable UCC §
3-309, and should be affirmatively set forth in the foreclosure
complaint.
The lawyers for the foreclosure claimant will fail to
establish the court’s subject matter jurisdiction over the case in
the initial complaint, secure in the presumption that you will not
question the bank’s standing to file the foreclosure action.
The lawyers that do this type of sloppy work are incompetent
BAR-flys, relying upon the collusion of the BAR-fly judge who will “overlook” this
defect in the complaint.
Your ability to zero in on the issue of the bankster’s
standing to
make a claim in foreclosure from the beginning, will immediately
panic the foreclosure complainant. The lawyers who wrote and filed
the complaint for the banksters are also subject to sanctions under Rule
11 of the Rules of Civil Procedure, for filing a case where their
client cannot establish themselves as "the real party in
interest," and having the right to enforce the instrument. No
valid cause of action. Such complaint, without valid cause of action
is frivolous. Ask for sanctions against the BAR-fly lawyers and their law
firm.
The BAR-flys have given themselves a 21-day “safe harbor”
provision when filing a Rule 11 (Federal, may be different in state
courts) request for sanctions, giving those
bastards time to correct their frivolous incompetence. So, check the
rules and case law in your jurisdiction. “They” made the rule. Throw
those rules back at them like a javelin.
The Motion To Dismiss must also contain words making it
obviously apparent that the court’s subject matter jurisdiction over
this particular case is being challenged. Once subject matter
jurisdiction has been challenged it must be addressed and
affirmatively established by the court. It is an abuse of discretion
for a court to fail, by either refusal or neglect, to address a
subject matter jurisdiction-over-the-case challenge.
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NOTE: there is a
distinction between the term “subject matter
jurisdiction” and “subject matter jurisdiction over the
case.”
“subject matter
jurisdiction” is a broad and general term
referring to the court’s general subject matter
jurisdiction over a class of case types. Without this
jurisdiction, judgments of a court are
VOID.
“subject matter
jurisdiction over the case” is a sub
classification within the general subject matter
jurisdiction of the court. The court’s lack of subject
matter jurisdiction over a particular case makes the
judgment in that case
VOIDABLE.
See the following case for an explanation of the difference:
Edwin A. Hisle and Olive Sue Hisle
Cook v. Lexington-Fayette Urban County Government,
Appeal From Fayette Circuit Court, Action No.
65-CI-17431, Commonwealth of Kentucky Court of Appeals,
No. 2006-CA-001733-MR.
Alternate link: [http://162.114.92.72/COA/2006-CA-001733.pdf] |
For the bank to establish a valid
cause of action, the right to enforce the instrument must be proved
with evidence entered into the court record pursuant the following
requirements of law:
3. Prove
status of holder of the instrument. (UCC
§ 3-301(i));
or
If the bank is the holder in
possession of the authenticum NOTE-Mortgage, (original wet-ink
NOTE-Mortgage), evidence of possession of the authenticum
NOTE-Mortgage must be produced to establish standing to invoke the
court’s subject matter jurisdiction over the case.
| Authenticum: |
In
the civil law, an original instrument or
writing; the original of a will or other
instrument, as distinguished from a copy.
(BLD6-133) |
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4. Prove
status of non-holder in possession of the instrument who has the
rights of a holder. (UCC
§ 3-301(ii)); or
If the bank is not the holder,
but has actual and present possession of the authenticum
NOTE-Mortgage, the bank must produce clear evidence to establish
that the rights of the holder have been assigned to the non-holder
to enforce the instrument.
5. Prove
status of being entitled to enforce the instrument as a
person not in possession of the instrument pursuant to
UCC § 3-309
or UCC § 3-418(d). (NOTE is lost, stolen, destroyed).
If the bank is not in possession
of the authenticum NOTE-Mortgage, the bank must produce clear
evidence to establish the right to enforce the instrument pursuant
to the requirements of
UCC § 3-309.
UCC § 3-309, requirements.
6. Prove possession of the instrument
and entitled to enforce it when loss of possession occurred. (UCC
§ 3-309(a)(1)).
7. Prove non-possession of the NOTE
is NOT the result of a transfer. (UCC
§ 3-309(a)(2)).
8. Prove that the person seeking
enforcement cannot reasonably obtain possession of the instrument
because the instrument was destroyed, its whereabouts cannot be
determined, or it is in the wrongful possession of an unknown person
or a person that cannot be found or is not amenable to service of
process. (UCC
§ 3-309(a)(3)).
9. A person seeking enforcement of an
instrument under subsection (a) must prove the terms of the
instrument and the person's right to enforce the instrument. (UCC
§ 3-309(b)).
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UCC § 3-301.
PERSON ENTITLED
TO ENFORCE INSTRUMENT.
"Person entitled to enforce" an instrument
means
(i) the holder of the instrument,
(ii) a nonholder in possession of the
instrument who has the rights of a holder,
or
(iii) a person not in possession of the
instrument who is entitled to enforce the
instrument pursuant to Section 3-309 or
3-418(d). A person may be a person entitled to
enforce the instrument even though the person is
not the owner of the instrument or is in
wrongful possession of the instrument. |
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UCC § 3-309
ENFORCEMENT OF LOST, DESTROYED, OR STOLEN
INSTRUMENT.
(a) A person not in possession of an
instrument is entitled to enforce the instrument
if
(1) the person seeking to enforce the instrument
(A) was entitled to enforce the
instrument when loss of possession occurred,
or
(B) has directly or indirectly
acquired ownership of the instrument from a
person who was entitled to enforce the
instrument when loss of possession occurred;
(2) the loss of possession was not the result of a
transfer by the person or a lawful seizure;
and
(3) the person cannot reasonably obtain possession of the
instrument because the instrument was destroyed,
its whereabouts cannot be determined, or it is
in the wrongful possession of an unknown person
or a person that cannot be found or is not
amenable to service of process.
(b) A person seeking enforcement of an
instrument under subsection (a) must prove the
terms of the instrument and the person's right
to enforce the instrument. If that proof is
made, Section 3-308 applies to the case as if
the person seeking enforcement had produced the
instrument. The court may not enter judgment in
favor of the person seeking enforcement unless
it finds that the person required to pay the
instrument is adequately protected against loss
that might occur by reason of a claim by another
person to enforce the instrument. Adequate
protection may be provided by any reasonable
means. |
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An
instrument is transferred when it is delivered
by a person other than its issuer for the
purpose of giving to the person receiving
delivery the right to enforce the instrument. (UCC
§ 3-203(a)). |
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If a transferor purports to transfer less than
the entire instrument, negotiation of the
instrument does not occur. The transferee
obtains no rights under this Article and has
only the rights of a partial assignee.(UCC
3-203(d)) |
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UCC §
3-201.
NEGOTIATION
(a) "Negotiation" means a transfer
of possession, whether voluntary or involuntary,
of an
instrument
by a person other than the
issuer
to a person who thereby becomes its holder. |
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“The
note and mortgage are inseparable;
the former as essential, and the latter as an
incident. An assignment of the note carries the
mortgage with it, while an assignment of the
latter alone is a nullity.”
Carpenter v.
Longan, 83 U.S. (16 Wall.) 271, 274,
21 L. Ed 313 (1872) (SCOTUS). (Access
Carpenter here:
http://supreme.justia.com/us/83/271/case.html
Carpenter recently cited in
–
Landmark National Bank v. Kesler,
Kansas S.Ct., No. 98,489, (August 2009)). Access
Landmark here:
[Landmark
Decision] |
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10.
All of the above references to the UCC takes a back-seat when it is
realized that the banksters have transformed the Signed Wet-Ink
Original Promissory Note (SWIOPN) and the Signed Wet-Ink Original
Mortgage Agreement (SWIOMA) into SECURITIES so they may be used
for exploitation in the stock market.
11.
A SECURITY cannot be enforced or "cashed" if it does not exist.
12.
A COPY OF A SECURITY cannot be enforced or "cashed."
13. A
COPY OF A SECURITY cannot be misrepresented as having any value,
this is called COUNTERFEITING.
14. The
banksters "bundled," "pooled," and sold the SWIOPN and SWIOMA to
Wall Street manipulators. Those "evidences of debt" are GONE.
They cannot be produced. Nobody knows where they may be
located. If anyone DOES know where those writings are located,
and the identity of the holders of the writings, they are keeping it
a secret.
15. A few
interesting references to the serious nature of counterfeit
securities:
15 USC § 77b. Definitions; promotion of efficiency, competition, and
capital formation
(a) Definitions
(a) Definitions
When used in this subchapter, unless the context otherwise requires
—
(1) The term “security” means any note, stock, treasury stock,
security future, bond, debenture, evidence of indebtedness,
certificate of interest or participation in any profit-sharing
agreement, collateral-trust certificate, preorganization certificate
or subscription, transferable share, investment contract,
voting-trust certificate, certificate of deposit for a security,
fractional undivided interest in oil, gas, or other mineral rights,
any put, call, straddle, option, or privilege on any security,
certificate of deposit, or group or index of securities (including
any interest therein or based on the value thereof), or any put,
call, straddle, option, or privilege entered into on a national
securities exchange relating to foreign currency, or, in general,
any interest or instrument commonly known as a “security”, or any
certificate of interest or participation in, temporary or interim
certificate for, receipt for, guarantee of, or warrant or right to
subscribe to or purchase, any of the foregoing.
Promissory Notes and Mortgage Deeds are characterized as
“Securities” by definition.
See:
12 CFR § 1.2(m)(3)
“A residential mortgage-related security that is offered and sold
pursuant to section 4(5) of the Securities Act of 1933, 15 U.S.C.
77d(5), that is rated investment grade or is the credit equivalent
thereof, or a residential mortgage-related security as described in
section 3(a)(41) of the Securities Exchange Act of 1934, 15 U.S.C.
78c(a)(41)), that is rated investment grade in one of the two
highest investment grade rating categories, and that does not
otherwise qualify as a Type I security.”
Securities are regulated by the United States Securities and
Exchange Commission. Very strict statutes and regulations govern
what can and cannot be done with “Securities.”
Reference requirements applicable to reproduction or “copying” of
“Securities:”
18 USC § 8. Obligation or other security of the United States
defined
The term "obligation or other security of the United States"
includes all bonds, certificates of indebtedness, national bank
currency, Federal Reserve notes, Federal Reserve bank notes,
coupons, United States notes, Treasury notes, gold certificates,
silver certificates, fractional notes, certificates of deposit,
bills, checks, or drafts for money, drawn by or upon authorized
officers of the United States, stamps and other representatives of
value, of whatever denomination, issued under any Act of Congress,
and canceled United States stamps.
18 USC § 471. Obligations or securities of United States
http://www.law.cornell.edu/uscode/html/ ... -000-.html
Whoever, with intent to defraud, falsely makes, forges,
counterfeits, or alters any obligation or other security of the
United States, shall be fined under this title or imprisoned not
more than 20 years, or both.
18 USC § 472. Uttering counterfeit obligations or securities
Whoever, with intent to defraud, passes, utters, publishes, or
sells, or attempts to pass, utter, publish, or sell, or with like
intent brings into the United States or keeps in possession or
conceals any falsely made, forged, counterfeited, or altered
obligation or other security of the United States, shall be fined
under this title or imprisoned not more than 20 years, or both.
18 USC § 473. Dealing in counterfeit obligations or securities
Whoever buys, sells, exchanges, transfers, receives, or delivers any
false, forged, counterfeited, or altered obligation or other
security of the United States, with the intent that the same be
passed, published, or used as true and genuine, shall be fined under
this title or imprisoned not more than 20 years, or both.
18 USC § 493. Bonds and obligations of certain lending agencies
Whoever falsely makes, forges, counterfeits or alters any note,
bond, debenture, coupon, obligation, instrument, or writing in
imitation or purporting to be in imitation of, a note, bond,
debenture, coupon, obligation, instrument or writing, issued by the
Reconstruction Finance Corporation, Federal Deposit Insurance
Corporation, National Credit Union Administration, Home Owners’ Loan
Corporation, Farm Credit Administration, Department of Housing and
Urban Development, or any land bank, intermediate credit bank,
insured credit union, bank for cooperatives or any lending,
mortgage, insurance, credit or savings and loan corporation or
association authorized or acting under the laws of the United
States, shall be fined under this title or imprisoned not more than
10 years, or both.
Whoever passes, utters, or publishes, or attempts to pass, utter or
publish any note, bond, debenture, coupon, obligation, instrument or
document knowing the same to have been falsely made, forged,
counterfeited or altered, contrary to the provisions of this
section, shall be fined under this title or imprisoned not more than
10 years, or both.
18 USC § 513. Securities of the States and private entities
(a) Whoever makes, utters or possesses a counterfeited security of a
State or a political subdivision thereof or of an organization, or
whoever makes, utters or possesses a forged security of a State or
political subdivision thereof or of an organization, with intent to
deceive another person, organization, or government shall be fined
under this title [1] or imprisoned for not more than ten years, or
both.
(b) Whoever makes, receives, possesses, sells or otherwise transfers
an implement designed for or particularly suited for making a
counterfeit or forged security with the intent that it be so used
shall be punished by a fine under this title or by imprisonment for
not more than ten years, or both.
(c) For purposes of this section—
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(1) the term
“counterfeited” means a document that purports to be genuine
but is not, because it has been falsely made or manufactured
in its entirety; |
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(2) the term “forged” means
a document that purports to be genuine but is not because it
has been falsely altered, com*pleted, signed, or endorsed,
or contains a false addition thereto or insertion therein,
or is a combination of parts of two or more genuine
documents; |
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(3) the term “security”
means— |
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(A) a note, stock
certificate, treasury stock certificate, bond, treasury
bond, debenture, certificate of deposit, interest coupon,
bill, check, draft, warrant, debit instrument as defined in
section 916(c) of the Electronic Fund Transfer Act, money
order, traveler’s check, letter of credit, warehouse
receipt, negotiable bill of lading, evidence of
indebtedness, certificate of interest in or participation in
any profit-sharing agreement, collateral-trust certificate,
pre-reorganization certificate of subscription, transferable
share, investment contract, voting trust certificate, or
certificate of interest in tangible or intangible property; |
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(B) an instrument
evidencing ownership of goods, wares, or merchandise; |
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(C) any other written
instrument commonly known as a security; |
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(D) a certificate of
interest in, certificate of participation in, certificate
for, receipt for, or warrant or option or other right to
subscribe to or purchase, any of the foregoing; or |
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(E) a blank form of any of
the foregoing; |
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(4) the term “organization”
means a legal entity, other than a government, established
or organized for any purpose, and includes a corporation,
company, association, firm, partnership, joint stock
company, foundation, institution, society, union, or any
other association of persons which operates in or the
activities of which affect interstate or foreign commerce;
and |
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(5) the term “State”
includes a State of the United States, the District of
Columbia, Puerto Rico, Guam, the Virgin Islands, and any
other territory or possession of the United States. |
31 CFR § 411.1 The Counterfeit Detection Act of 1992,
Public Law 102-550, in Section 411 of Title 31 of the Code of
Federal Regulations, permits color illustrations of U.S. currency,
provided:
- The illustration is of a size less than three-fourths or more than
one and one-half, in linear dimension, of each part of the item
illustrated;
- The illustration is one-sided
All negatives, plates, positives, digitized storage medium, graphic
files, magnetic medium, optical storage devices, and any other thing
used in the making of the illustration that contain an image of the
illustration or any part thereof are destroyed and/or deleted or
erased after their final use.
Other obligations and Securities
- Photographic or other likenesses of other United States
obligations and securities and foreign currencies are permissible
for any non-fraudulent purpose, provided the items are reproduced in
black and white and are less than three-quarters or greater than
one-and-one-half times the size, in linear dimension, of any part of
the original item being reproduced. Negatives and plates used in
making the likenesses must be destroyed after their use for the
purpose for which they were made.
16. Immediately after being
served with the summons mail the bankster’s incompetent attorney a
discovery request for production of documents; Rules of Civil
Procedure, Rule 34 – Production of Documents.
17. Production of Documents for
the opportunity to inspect, photo copy, certify, and validate
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17.1 |
All documents relied upon to establish
the validity of the claim. |
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17.2 |
All relevant ledger records. |
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17.4 |
All relevant insurance records. |
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17.5 |
All records pertaining to any relevant Credit Default Swap certificates. |
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17.6 |
All records relevant to any guarantors. |
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17.7 |
All records relevant
to any investors in any aspect of the original transaction. |
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17.8 |
All records relevant
to any money transactions with respect to the original transaction. |
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17.9 |
All records relevant
to any assignment(s) with respect to the original transaction. |
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17.10 |
All records relevant to
any “aggregator” with respect to the original transaction. |
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17.11 |
All records relevant to
any “pool” with respect to the original transaction. |
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17.12 |
All records relevant to
any “Special Purpose Vehicle” with respect to the original
transaction. |
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17.14 |
All records relevant to
any “Collateralized Debt Obligation” with respect to the original
transaction. |
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17.15 |
All records relevant to
the present holder of the original writings with respect to the
original transaction. |
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17.16 |
All records relevant to
any entity ever having physical possession of the original writings
with respect to the original transaction. |
18. The bankster will have 30 days
from the day they receive service of the request for production of
documents to send you a response. If the bank fails to respond with
valid answers within 30 days after receipt of your request for
production of documents, file a motion to compel the banksters to comply
with your discovery request. Ask the court for Rule 11 sanctions
against the bankster’s BAR-flys.
19. If the banksters fails to
establish a valid cause of action pursuant to the requirements of
proving that they are the "real party in interest," and that they
have actual physical possession of the original writings relevant to
the original transatcion, (see UCC § 3-301, and if applicable UCC § 3-309), the court will be forced
to dismiss the case. If the case is dismissed, the discovery
requests are then moot.
20. Once the case is dismissed,
file a Quiet Title Action pursuant to the fact that the
NOTE-Mortgage has been satisfied, and that there is no holder in
evidence, that the NOTE-Mortgage were acquired by the banksters by false
representation and fraud. |