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:

      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.

      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.

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)).

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—

        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

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.