Contributed by Various Public Experts in the Field of Mortgage Lending Fraud: -

Where Does the Mortgage begin?

This document is meant to take the reader down a road they have likely never traveled. This is a layman's explanation of what has been happening in this country that most have no idea or inkling of. It is intended to give the reader an overview of systemic Fraud in this country that has reached epic proportions and provoke action to eradicate this scourge that descended upon the people of America. Depending on what your situation is, you may react with disbelief, fear, anger or outright disgust at what you are about to learn.

The following information is supported with facts, exhibits, law and is not mere opinion.

Let's start our journey of discovery with the purchase of a home and subsequent steps in the financial process through the life of the "mortgage loan". It all starts at the "closing" where we gather with other people that are "involved" in the process to sign the documents to purchase our new home. Do we really know what goes on at the closing? Are we ever told who all the participants are in that entire process? Are we truly given "full disclosure" of all the various aspects of that entire transaction regarding what, for most people, is the single largest purchase they will make in their entire life?

Let's start with the very first part of the transaction. We have a virtual stack of papers placed in front of us and we are instructed where we are supposed to start signing or initialing on those "closing documents". There seems to be so many different documents with enough legal language that we could read for hours just to get through them the first time, much less begin to fully understand them. Are we given a copy of all these documents at least 7 days prior to the closing so we can read and study these documents so we fully understand what it is that we are signing and agreeing to? That has never happened for the average consumer and purchaser of a property in the last 30 years or more if it ever has at all. WHY? We have a stack of documents placed before us at the "closing" that we haven't ever seen before and are instructed where to sign or initial to complete the transaction and "get our new home". We depend on the real estate agent, in most cases, to bring the parties together at the closing after we have supplied enough financial date and other requested information so that the "lender" can determine whether we can qualify for our "loan.

Obviously we have the "three day right of rescission" but do we really stop to read all the documents after we have just purchased our home and want to move in? Is the thought that there might be something wrong with what we have just signed a primary thought in our mind at that time? Did we trust the people involved in the transaction? Are we naturally focusing on getting moved into our new home and getting settled with our family?

Who are the players involved in the transaction from the perspective of the consumer purchasing a property and signing a "Mortgage Note" and "Deed" of similar "Security Instrument" at the closing? There is, of course, the seller, the real estate agent(s), title insurance company, property appraiser who is supposed to properly determine the value of the property, and the most obvious one being who we believe to be "the lender" in the transaction. We are led, by all involved, to believe that we are, in fact, borrowing money from the "lender" which is then paid to the current owner of the property as compensation for them relinquishing any "claim of ownership" to the property and transferring that "claim of ownership" to us as the purchaser. It all see,ms simple and clear on its face and you believe you have a new home and have to repay the "lender", over a period of years, the money which you believe you have "borrowed".

 

Is there something we don't know?

Everything appears to be relatively simple and straightforward but is that really the case? Could it be that there are other players involved in this whole transaction that we know nothing about that have a very substantial financial interest in what has just occurred? Could it be that those players that we are totally unaware of have somehow used us without our knowledge or consent to secure a spectacular financial gain for themselves with absolutely no investment or risk to themselves whatsoever? Could it be that there is a hidden aspect of this whole transaction that is "standard operating procedure" in an industry where this hidden "aspect of a transaction" occurs every single banking day across this country and beyond? Could it be that this hidden "aspect of a transaction" is a deliberate process to unjustly enrich certain individuals and entities at the expense of the public as a whole? Could it be that there was not full disclosure of the "true nature" of the transaction as it actually occurred which is required for a contract to be valid and enforceable?

 

The documents involved.

The two most important and valuable documents that are signed at a closing are the "Note" and the "Deed" in various forms. When looking at the definition of a "Mortgage Note" it is obvious that it is a "Security Instrument". It is a promise to pay made by the maker of that "Note". When looking at a copy of a "Deed of Trust" such as the attached Exhibit "A", which is a template of a Tennessee "Deed of Trust" from that is directly from the freddiemac.com website, it is very obvious that this document is also a "Security Instrument". This is a template that is used for MOST government purchased loans. You will note that the words "Security Instrument" are mentioned no less than 90 times in that document. Is there ANY doubt it is a "Security"? When at the closing, the "borrower" is led to believe that the "Mortgage Note" that he signs is a document that binds him to make repayment of "money" that the "lender" is loaning him to purchase the property he is acquiring. Is there disclosure to the "borrower" to the effect that the "lender" is not really loaning any of their money to the "borrower" and therefore is taking no risk whatsoever in the transaction? Is it disclosed to the "borrower" that according to FEDERAL LAW, banks are not allowed to loan credit and are also not allowed to loan their own or their depositor's money? If that is the case, then how could this transaction possibly take place? Where does the money come from? Is there really any money to be loaned? The answer to this last question is a resounding NO! Most people are not aware that there has been no lawful money since the bankruptcy of the United States in 1933.

 

Since House Joint Resolution 192 (HJR 192) (Public law 7310) was passed in 1933 we have only had debt, because all property and gold was seized by the government as collateral in the bankruptcy of the United States. Most people today would think they have money in their hand when they pull something out of their pocket and look at the paper that is circulated by the banks that they have been told is "money". In reality they are looking at a "Federal Reserve Note" which is stated right on the face of the piece of paper we have come to know as "money". It is NOT really "money", it is debt, an IOU, a promise to pay made by the United States" If you take a "Federal Reserve Note" showing a value of ten dollars and buy something, you are then making a purchase with a "Note" (a promise to pay). There is absolutely no gold or silver backing the Federal Reserve Notes that we refer to as "money" today.

When you sit down at the closing table to complete the transaction to purchase your home aren't you tendering a "Note" with your signature, which would be considered money? That is exactly what you are doing. A "Note" is money in our monetary system today" You can deposit the "Federal Reserve Note" (a promise to pay) with a denomination of $10 at the bank and they will credit your account in that same amount. Why is it that when you tender your "Note" at the closing that they don't tell you that your home is paid for right on the spot? The fact is that it IS PAID FOR ON THE SPOT. Your signature on a "Note" makes that "Note" money in the amount that is stated on the "Note"! Was this disclosed to you at the "closing" in either verbal or written form? Could this be the place where the other players come into the transaction at or near the time of closing? What happens to the "Note" (promise to pay) that you signed at the closing table? Do they put it in their vault for safe keeping as evidence of a debt that you owe them as you are led to believe? Do they return that note to you if you pay off your mortgage in 5, 10 or 20 years? Do they disclose to you that they do anything other than out it away for safe keeping once it is in their possession?

What actually happens to the "Note"?

Unknown to almost everyone, there is something VERY different that happens with your "Mortgage Note" immediately after closing. Your "Mortgage Note" is endorsed and deposited in the bank as a check and becomes "MONEY"! See attached (Exhibit "B" para 13) The document that you just gave the bank with your signature on it, that you believe is a promise to pay them money loaned to you, has just been converted to money in THEIR ACCOUNT. You just gave the "lender" the exact dollar value of what they said they just loaned you" Who is the REAL creditor in this "Closing Transaction"? Who really loaned who anything of value or any money? You actually just paid for your own home with your promissory "Mortgage Note" that you gave the bank and the bank gave you what in return? NOTHING!!! For any contract to be valid there must be consideration given by both parties. But don't they tell you that you must now pay back the "Loan" that they have made to you?

How can it be that you could just write a "Note" and pay for your home? This leads us back to the bankruptcy of the United States in 1933. When FDR and Congress took all the property and gold from the people in 1933 they had to give something in return for that confiscation of property. See attached (Exhibit "B" para 6) What the people got in return was the promise that all of their needs would be met by the government because the assets and the labor of the people were collateral for the debt of the United States in the bankruptcy. All of their debts would be "discharged". This was done without the consent of the people of America and was an act of Treason by the alleged Jew President' Franklin Delano Roosevelt. The problem comes in where they never told us how we could accomplish that discharge and have what we were entitled to after the bankruptcy. Why has this never been taught in the schools in this country? Could it be that it would expose the biggest fraud in the history of this entire country and in the world? If the public is purposely not educated about certain things then certain individuals and entities can take full financial advantage of virtually the entire population. Isn't this "selective education" more like "indoctrination"?

Sorry, I'll have to there, as there is 9 pages to go, maybe later you will hear more on this subject.

MUTATIS MUTANDIS MUTATION http://www.kerryhay.spiderweb.com.au

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Comment by Kerry Hay on January 17, 2012 at 10:34pm

Continued from Part 3.

How is it that you still have to pay years and years on this "purported" loan? Was any of this disclosed to you before you signed the "Deed of Trust" or other similar "Security Instrument"? Would you have signed ANY of those documents including the "Mortgage Note"? if you knew that this is what was actually happening? Do you think there were any "copies" of the "Mortgage Note" and "Deed of Trust" or other similar "Security Instrument" made during this process? Are those "copies" just for the records to be put in a file somewhere or is there another purpose for them?

Comment by Kerry Hay on January 17, 2012 at 7:50pm

Continued: - Part 3.

The Deed of Trust

Why do we need a Deed of Trust? What exactly IS a Deed of Trust or other similar "Security Instrument"? It spells out all the details of the contract that you signing at the "closing", including such things as insurance requirements, preservation and maintenance and all of the financial details of how, when, where and why you are going to make payments to the "lender" for years and years. Wait a minute!!!!! Make payments to the "lender"???? Why do you have to make payments to the "lender"??? Didn't we just establish the fact that your house was paid for by YOU, with your "Mortgage Note" that is concerted to money by THE BANK DEPOSITING IT? Is there something wrong with this picture? We have just paid for our "home" but now we are told we have to sign a Deed of Trust or similar "Security Instrument" that binds us to pay the "lender" back? Pay the "lender" back for what? Did they loan us any money? Remember the part about banks not being able to loan "their or their depositors money" under FEDERAL LAW? What about: "In the federal courts, it is well established that a national bank has no power to lend its credit to another by becoming surety, indorser, or guarantor for him." Farmers and Miners v. Bluefield Nat 'l Bank, 11 F 2d 83, 271 U.S. 669: "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?

What is happening here with this "Deed of Trust" or similar "Security Instrument" that says we have to pay all this money back and if we don't, they can foreclose and take our home? Why do we have to have this kind of agreement when we have already paid for our home through our "Mortgage Note" which was converted to money BY THE BANK? Could this possibly be another example of "studied concealment or misrepresentation" where those involved could be held accountable for their conduct? What happens to this Deed of Trust or similar "Security Instrument" after we sign it? Where does it go? Does it go into the vault for safekeeping like we might think? See attached Exhibit "C" for substantially more information.

Who are the other players?

We have already found out that the "Note" doesn't go into the vault for safe-keeping but instead is deposited into an account at the bank and becomes money. Where does the Note go then? This is where things get VERY interesting because your "Mortgage Note" is then used to access your Treasury Account (that you know nothing about) and get credit in the amount of your "Mortgage Note" from your "Prepaid Treasury Account". If they process the "Note" and get paid for it then they have received the funds from YOUR account at Treasury to pay for YOUR home correct? They then turn around and bundle the "Note" and sell it to investors on Wall Street and get paid again" Now let's see what happens to the "Deed of Trust" or similar "Security Instrument" after you have signed it. You may be quite surprised to know that not only does it not go into "safekeeping" it is immediately SOLD as an INVESTMENT SECURITY to one of any number of investors tied to Wall Street. There is a ready, and waiting, market for all of the "mortgage paper" that is produced by the banks. What happens is the "Deed of Trust" or other similar "Security Instrument" is bundled and SOLD to a buyer and the BANK GETS PAID FOR THE VALUE OF THE MORTGAGE AGAIN!! Haven't the bankers just transferred any rick on that mortgage to someone else and they have their money? That is a pretty slick way of doing things! They ALWAYS get their money right away and everyone else connected to the transaction has the liabilities" Is there something wrong with THIS picture? How can it possibly be that the bank has now been paid three times in the amount of your "purported" mortgage? How is it that you still have to pay years and years on this "purpor

Comment by Kerry Hay on January 17, 2012 at 6:54am

Continued: - Part 2.

Could this be what has happened? In Fina Supply, Inc. v. Abilene Nat. Bank, 726 S.W.2d 537, 1987 it says "Party having superior knowledge who takes advantage of anther's ignorance of the law to deceive him by studied concealment or misrepresentation can be held responsible for that conduct." Does this mean that if there are people with superior knowledge as a party in this "Loan Transaction" that take advantage of the "ignorance of the law", (through indoctrination) of the public to unjustly enrich themselves, that they can be held responsible? Can they be held responsible in only a civil manner or is there a more serious accountability that falls into the category of criminal conduct?

It is well-established law that Fraud vitiates (makes void) any contract that arises from it. Does this mean that this intentional "lack of disclosure" of the true nature of the contract we have entered into is Fraud and would make the mortgage contract void on its face? Could it be that the Fraud could actually be "studied concealment or misrepresentation" that makes those involved in the act responsible and accountable? What happens to the "Note" once it is deposited in the bank and is converted to "money"? Are there different kinds of money? There is money of exchange and money of account. They are two very different things. See attached (Exhibit "B" para 11), Affidavit of Expert Witness Walker Todd. Walker Todd explains in his expert witness affidavit that the banks actually do convert signatures into money. The definition of "money" according to the Uniform Commercial Code: "Money" means a medium of exchange authorized or adopted by a domestic or foreign government and includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more nations. Money can actually be in different forms other than what we are accustomed to thinking. When you sign your name on a promissory note it becomes money whether you are talking a mortgage note or a credit card application! Did the bankers ever "disclose" this to us? Were we ever taught anything about this in the school system in this country? Could it be that this whole idea of being able to convert our signature to money is a "studied concealment" or "misrepresentation" where those involved become responsible if we are harmed by their actions? What happens if you have signed a "Mortgage Note" and already paid for your home and they come ay a later date and foreclose and take it from you? Would you consider yourself to be harmed in any way? We will bring this up again very shortly but we need to look at the other document that is signed at the "closing" that is of great significance.     

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