DESTRUCTION CAUSED BY FORECLOSURE
The internet, print and broadcast media are full of stories of people distraught over the prospect of losing their home, farm or business. Often, we hear of a man who has held off the Sheriff or Magistrate at gunpoint. There was a simple lawsuit that saved a family from bank foreclosure in Dallas, Texas. In the same city, a family sued a bank for $1.7 million dollars, charging fraud, breach of contract and usury. A jury trial was demanded and the court room was filled daily with high human drama. The jury verdict came and the family won.
And in Galveston, Texas, a jury has awarded $11.5 million to a customer of Ocwen Financial Corp. and its former Ocwen Federal Bank subsidiary, after determining they committed fraud in servicing her home equity loan. The verdict against West Palm Beach-based Ocwen Financial (NYSE: OCN) and Ocwen Federal was issued Tuesday November 29, 2005 in Texas’s 212th District Court. The jury ordered the Ocwen companies to pay Sealy Davis $10 million in actual damages and about $1.5 million for mental anguish and economic damages. Everything really is bigger in Texas…..
But what does one do when they do not have the help of blazing headlines, they can’t pay a corrupt attorney, and they know nothing about how to take steps to help save themselves following a visit from the Sheriff, with a Notice of Default and letter threatening Foreclosure and forced sale? The magnitude of the destruction caused by foreclosure is not exaggerated in the media.
There are at least three large farm foreclosures daily. To secure a bank loan to plant crops, some farmers risk the land that’s been in their family for generations as collateral, but the bank risks absolutely nothing other than a few scraps of paper and bookkeeping entries. If the weather is bad and the crop fails, the bank ends up owning the physical farmland without ever paying a dime in real, physical money (silver). This is “Predatory Lending,” literally getting something (the farm) for nothing, just bookkeeping entries (credit).
Given that the weather is bound to go bad sooner or later, any farmer who borrows from the banksters is playing Russian roulette. It’s only a question of time before the banksters get the farmland without paying anything for it, and then sell it to some creditworthy large corporate agri-businesses. The independent farm is swallowed up by that corporation and the price of everyone’s groceries skyrockets.
In addition, of the more than sixty million private homes in America, more than five percent – about three million of them – are facing foreclosure. The threat of foreclosure occurs because businesses, farmers and homeowners are late or seriously in arrears on mortgage payments. Statistics reveal an additional nine and a half million home owners are approaching a thirty day delinquency. Business investors are going into bankruptcy at an alarming rate. The foreclosure rate in America has reached epidemic proportions.
The truly sad part is that people are being thrown out of their homes for no other reason than they agreed to it in writing at the beginning of the banking process. They didn’t know that they were agreeing to be foreclosed, that is part of the dirty deception of the banksters. The banks have conveniently structured the loan documents to bypass the law so that they can trick borrowers into giving up their rights to the property for not paying the loan servicing fee to the servicing agent, which the borrowers should not have to pay at all.
Most people do not fully understand what contracts they are signing and they don’t even completely read what they sign. You must develop a deep suspicion as to why these documents you are asked to sign at closing are 18+ pages long. It is because the banks know that the forms are long and full of legal phrases and the victims who are signing the contracts are too impatient to fully read them. Even when the banksters send a copy of the contract to the borrowers before the signing, most people still won’t read and understand it. PLEASE READ THESE BINDING CONTRACTS FROM THE BANK FOR YOUR OWN PROTECTION. If you don’t understand something either look it up on this website or send us an email. Don’t bother asking your lender, they are the people trying to scam you).
If you have already signed these contracts, there are still remedies and actions you can do to correct the problem. An act of fraud has no statute of limitations attached to it so you can always do something to modify or nullify it, even years later. If anything was not disclosed to you about the loan or transaction it could be a deliberate act of fraud by the bank. See paragraph 2 above.
The contract that you signed was only signed (created) by you and under the law only you can modify the terms of that contract. If you feel you were cheated and tricked into signing something then you have the absolute right to change that document. After all, you were the only one who created the contract and signed it. Remember when the bank sent you notification that they alone are changing the terms of your checking, credit card or savings account agreement (contracts). They were the only party that created those terms in the account agreements. When you do make changes to the loan contract, the beneficiary, the trustee and the power of attorney, you must notify the other parties concerned. It is preferable to use a private courier service like FED-X, DHL or UPS with a return proof of delivery signed receipt to deliver this notification of modifications.
The only party who has the legal capacity to actually foreclose on a Single Family Residence is the “Secretary of H.U.D.” The H.U.D Secretary will appoint a separate commissioner to handle the foreclosure. This is true unless you gave the banksters permission or authority to appoint their own foreclosure personnel by contract in the 18+ page promissory note documents that you signed. The Secretary of H.U.D. oversees all government regulated loans. If your loan package (more than likely) had a H.U.D. disclosure Statement in it, then it still qualifies as being a loan the government has an interest in. So it might still be determined in court that only the Secretary of H.U.D. and not the lender, has the authority to foreclose on your property.
What all this means is that the majority, if not all, of the Single Family Resident loans are of a fraudulent nature and the banking community is deliberately trying to keep you economically enslaved for the next 10, 20, 30 years under your loan contract documents.
Best Guru Info will share information with you on how to avoid foreclosure and tell you what you need to know about stopping foreclosures. Don’t let the bastards grind you down. Contact us by Email. Click here to go to our CONTACT FORM.
Today, the courts are little more than collection agencies for the nation’s banks and mortgage companies. While the “trial by jury” constitutional right is always granted in a criminal proceeding, it is frequently denied in a civil proceeding, where the only issue is whether by contract a certain amount of money or legal tender is owed. If it is not a valid loan contract, it can not be enforced in court, and no money is owed. Go back and reread paragraphs one and two about the banks losing foreclosure lawsuits again……
If you have property (land, buildings, equipment, or an investment) to save, it is important that you understand what to do immediately when you face a foreclosure or repossession. You must understand the main difference between a “suit in equity”, which is tried only before a judge, and a “suit at law” which is tried before a jury. When you present motions only to a judge, you are in chancery or equity jurisdiction. When you present motions before the entire court of law, it is practical and possible to file a “Complaint at Law,” and demand a trial by jury. Your “Motion for a Continuance” or a “Motion for Certification of the Question” are all proper motions to present to a court of law. In a “Complaint at Law or Suit at Common Law,” a “Motion to Dismiss” for any valid reason, such as lack of jurisdiction, or failure to state a claim upon which relief can be granted, must then be tried before a jury of your peers only in a court of law.
FRAUD, USURY AND CREDIT LOANS EXTENDED AS MONEY
Today, there are thousands of people who are losing their homes, farms, and businesses needlessly because of the fraud of lender created credit money. There is a difference between legal tender lawful money and lender created credit money, which the lender pretends is money. Credit is not money. Credit is the opposite of money, all credit is DEBT.
For a long time, the MONEY ISSUE debate has centered around two distinct issues:
1.- That Constitutional money is gold and silver coin;
2.- That the dollar is defined by the Mint Act of 1792, and is legal tender which the law requires a creditor to accept in payment of a debt. This last definition is, as yet, not well understood. It is the last and most important issue of all as it pertains to the lender-credit issue. And it is the most important issue of all because 97% of our money supply today consists of bank credit, whereas Federal Reserve Notes and United States Minted Coins comprise less than 3%.
If the Constitutional guidelines as to money and credit were followed closely today, almost every bank lender type credit loan could be legally voided because it is based on the mere bookkeeping entry of credit issuance instead of lawful money, legal tender.
The U.S. Constitution, Article I, Section 10 provides “No State Shall make any Thing but Gold and Silver Coin a Tender in Payment of Debts.”
What is Credit? Credit is Debt, the opposite of money. Money, which is legal tender for the payment of debts, is defined by Congress in 31 U.S.C.A. Section 392. That section basically describes all coins and currency issued by the United States Government as legal tender for all debts, public and private. For purposes of this article, money is either U.S. coins or currency.
Bank or institutional lender loans.
When you apply for a loan at a bank or some institutional lender company, you sign a loan agreement pledging to pay back U.S. dollars with interest. When the bank accepts your promise to pay in exchange for its loan, it means your credit is good. This applies to any institutional lender. However, the next question is most interesting. What have you actually been loaned? The lender invariably gives you a paper check, which is a mere promise to pay, or he makes a bookkeeping entry of the loan transaction into your checking account.
In effect, what you and the bank have just done is exchange promises to pay. You have accepted each other’s credit, yet no real money exchanged hands. What do you do with the check or a check you write against your account? You spend it or pay bills with it. In either case, the check, when processed, goes back to the bank lender’s bookkeeping department where the numbers are transferred from the check and taken from your account. Once the loan is made, the lender institution can say its deposits have increased. Actually, this fictional increase is all there is on his books since there is no actual increase of dollars in his vault.
Of course, he will have your promissory note, secured by a mortgage lien on your property and / or a Deed of Trust as the case may be. His bookkeeping entry deposits are called demand deposits, which means literally that the borrowers can walk into the bank and demand the deposit.
What do you think the bank’s assets are? Well, in reality the only assets are the bank’s furniture, a few potted plants, and the small amount of daily cash in the vault, plus a large amount of IOUs, which are all those loan agreements like the one you signed when you took out the loan. All those promises to pay the bank are its assets. Thus, both the bank’s assets and liabilities are virtually all on paper.
Modern Money Mechanics published by the Federal Reserve Bank of Chicago states that ‘deposits are merely book entries’’ which makes it easier to understand what the credit and electronic transfer of money is all about. What credit and so called money amounts to is merely a transfer of numbers or book entries from one bank account to another.
The same thing happens when you write a check. It is merely your promise to pay. It is not legal tender, nor lawful money.
When a credit card is used bank credit or book entries are created and transferred simultaneously. The next question is, if it is so easy for a bank to create credit, which is used like money, how then is this credit destroyed? The credit is destroyed when the principal of the loan is repaid by you. However, the interest collected by the bank on the credit loaned is transferred to another account for distribution to the lender or his stockholders.
What happens is that because 97% of the nation’s money supply consists of CREDIT (debt), which is all created by private corporation lender institutions and because interest is charged on every dollar of credit used, debts are constantly created for which no money really exists with which to repay those debts.
By what authority and under what laws are such institutional lenders given the right to create credit as lawful money or to demand lawful money, legal tender, in return for only credit loaned? There is no such law or authority. Almost every loan and payment obligation in the United States can legally be voided because it is based on fictional credit instead of real money.
“A national bank has no power to lend its credit to any person or corporation . . .” Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637.
However, if you have received a fair consideration of goods or services in exchange for your promise to repay the lender or creditor or merchant, you will be held liable for repayment.
But, where you have given your lender a deed to your real property in exchange for his mere bookkeeping entry of a fictitious credit to your checking account, you may have a legally voidable contract. Even if he has given you a Certified Check, a Cashier’s Check, or Bank Check, such checks are mere promises to pay. If you do not walk out of that lender’s bank with cash in gold or silver in your hand, it could well be that he does not have the cash in his vault to back up his check. If such is the case, the check is a worthless Not Sufficient Funds (NSF) check, and the bankster’s actions can best be described as unlawful.
Actually, our money system today can really be described as a debt usury system. For every dollars worth of credit that comes into existence, a debt is created for which the lender charges interest. It can be said that every bank loan made in the United States today is illegal, since all bank loans are based on credit instead of money.