FIGHTING FORECLOSURE

8/7/2019 FIGHTING FORECLOSURE

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Skill of a JuristSkill of a Jurist

y

Proper Useyof Law

yand Contract



St t in C ntr ctSt t in C ntr ct

y Constitution ± The Republic

y

Public Lawsy The National Banking Act 1864

y Discharging Debts Public Law 73 Volume48 Stat 112 & 113

y Note-Securities ±Bond Cycley Color of Authority



The N ti n l b n ing ActThe N ti n l b n ing Act

y i 37. A ci ti n g verned by chapter

y The provisions of chapters 2, 3, and 4 of title 62 of the Revised

Statutes, which are expressed without restrictive words, asapplying to ³national banking associations,´ or to ³associations,´ apply to all associations organized to carry on the business of banking under any Act of Congress.

y i 38. The Nati nal Ban Act

y The Act entitled ³An Act to provide a national currency secured by

a pledge of United States bonds, and to provide for the circulationand redemption thereof,́ approved June 3, 1864, shall be knownas ³The National Bank Act.´



USC 12 ecti n 21 F rmati n f FinancialUSC 12 ecti n 21 F rmati n f FinancialIn tit ti nIn tit ti n --Agent f Federal G vernmentAgent f Federal G vernment

y i 21. F rmati n f nati nal ban ing associations; incorporators; articles of association

y Associations for carrying on the business of banking under title 62 of the RevisedStatutes may be formed by any number of natural persons, not less in any case than

five. They shall enter into articles of association, which shall specify in general termsthe object for which the association is formed, and may contain any otherprovisions, not inconsistent with law, which the association may see fit to adopt forthe regulation of its business and the conduct of its affairs. These articles shall besigned by the persons uniting to form the association, and a copy of them shall beforwarded to the Comptroller of the Currency, to be filed and preserved in his office.

y NATIONAL BANKING ASSOCATIONS FINANCIAL AGENTS OF THE GOVERNMENTy Section 45 Stat 113y ³And be it further enacted That all associations under this act, when designated for

that purpose by the Secretary of the Treasury, shall be depositories of public money;and they may be employed as financial agents of the government«, and they shallperform all such reasonable duties, as depositories of public moneys and financialagents of the government, as may be required of them« And the Secretary of theTreasury shall require of the associations this designated satisfactory security, by thedeposit of United States Bonds and otherwise, for the safe-keeping and promptpayment of the public money deposited with them, and for the faithful performanceof their duties as financial agents of the government



Public Law 38Public Law 38thth Congress V.13 StatCongress V.13 Stat100100

y LAWS GOVERNING FORMING OF NATIONALBANKING ASSOCIATIONS

y ³And be it further enacted That Associations forcarrying on the Business of Banking may beformed by any number of persons, not less inany case than five, who shall enter into articlesof association, which shall specify in general

terms the object for which the association isformed, and may contain any other provisions,not inconsistent with the provisions of this act.´ Section 5 page 100 38th Congress



IRC USC Title 26 section 149IRC USC Title 26 section 149

§ 149. Bonds must be registered to be tax exempt; other

requirements

How Current is This?

(a) Bonds must be registered to be tax exempt (1) Generalrule Nothing in section 103 (a) or in any other provision of law

shall be construed to provide an exemption from Federal income

tax for interest on any registration-required bond unless such

bond is in registered form.

(2) Registration-required bond For purposes of paragraph (1),

the term ³registration-required bond´ means any bond other thana bond which²

(A) is not of a type offered to the public,

(B) has a maturity (at issue) of not more than 1 year, or

(C) is described in section 163 (f)(2)(B).



WHAT IS A BOND?WHAT IS A BOND?

y UNITED STATES BONDS DEFINED

y

³And it shall further be enacted, That theterm United States Bonds as used in thisact, shall be construed to mean allregistered bonds now issued, or that

hereafter be issued, on the faith of theUnited States by the Secretary of theTreasury in pursuance of Law.´ ± Section 4page 100 38th Congress



WHAT IS A REGISTERED BOND?WHAT IS A REGISTERED BOND?

y BONDS REGISTERED WITH COMPTROLLER

y ³And be it further enacted that it shall be the duty of the

comptroller of the currency to countersign and enter in thebook, in the manner aforesaid, every transfer or assignmentof any bonds held by the treasurer presented for hissignature; and the comptroller shall have at all times duringoffice hours access to the books of the treasurer for thepurpose of ascertaining the correctness of the transfer orassignment presented to him to countersign; and the

treasurer shall have the like access to the book abovementioned, kept by the comptroller, during office hours, toascertain the correctness of the entries in the same; and thecomptroller shall also at all times have access to the bonds ondeposit with the treasurer, to ascertain their amount andcondition.´ Section 20 page 105 38th Congress



R eal Property R ulesR eal Property R ulesUSC Versus National Ban ActUSC Versus National Ban Act

y 12USC i 29. Power to hold real propertyy A national banking association may purchase, hold, and convey real estate for the following

purposes, and for no others:y First. Such as shall be necessary for its accommodation in the transaction of its business.y

Second. Such as shall be mortgaged to it in good faith by way of security for debts previouslycontracted.y Third. Such as shall be conveyed to it in satisfaction of debts previously contracted in the course of

its dealings.y Fourth. Such as it shall purchase at sales under judgments, decrees, or mortgages held by the

association, or shall purchase to secure debts due to it.y But no such association shall hold the possession of any real estate under mortgage, or the title

and possession of any real estate purchased to secure any debts due to it, for a longer period thanfive years except as otherwise provided in this section.

y For real estate in the possession of a national banking association upon application by theassociation, the Comptroller of the Currency may approve the possession of any such real estateby such association for a period longer than five years, but not to exceed an additional five years,if

y (1) the association has made a good faith attempt to dispose of the real estate within the five-yearperiod, or

y (2) disposal within the five-year period would be detrimental to the association. Upon notificationby the association to the Comptroller of the Currency that such conditions exist that require theexpenditure of funds for the development and improvement of such real estate, and subject tosuch conditions and limitations as the Comptroller of the Currency shall prescribe, the associationmay expend such funds as are needed to enable such association to recover its total investment.



National Ban ing Act 1864National Ban ing Act 1864

y RULES GOVERNING HOLDING OF REALESTATE

y And be it further enacted, Such associationsshall not purchase or hold real estate in anyother case or for any other purpose than asspecified in this section. Nor shall it hold thepossession of any real estate undermortgage, or hold the title and possession of any real estate purchased to secure debtsdue to it for a longer period than five years



Blan EndorsementBlan Endorsement



Negotiable InstrumentNegotiable Instrument

y i 3-104. NEGOTIABLE INSTRUMENT.

y (a) Except as provided in subsections (c) and (d), "negotiable instrument" means anunconditional promise or order to pay a fixed amount of money, with or without interest or othercharges described in the promise or order, if it:

y (1) is payable to bearer or to order at the time it is issued or first comes into possession of aholder;

y (2) is payable on demand or at a definite time; and

y (3) does not state any other undertaking or instruction by the person promising or orderingpayment to do any act in addition to the payment of money, but the promise or order may contain(i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) anauthorization or power to the holder to confess judgment or realize on or dispose of collateral, or(iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.

y (b) "Instrument" means a negotiable instrument.

y

(c) An order that meets all of the requirements of subsection (a), except paragraph (1), andotherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and acheck.

y (d) A promise or order other than a check is not an instrument if, at the time it is issued or firstcomes into possession of a holder, it contains a conspicuous statement, however expressed, to theeffect that the promise or order is not negotiable or is not an instrument governed by this Article.

y (e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrumentfalls within the definition of both "note" and "draft," a person entitled to enforce the instrumentmay treat it as either.



Dishonor UCC 3Dishonor UCC 3--502502

y (c) Dishonor of an unaccepted

documentary draft occurs according to therules stated in subsection (b)(2), (3), and(4), except that payment or acceptancemay be delayed without dishonor until no

later than the close of the third businessday of the drawee following the day onwhich payment or acceptance is requiredby those paragraphs.



UCC3UCC3--503 & 504 Excused 503 & 504 Excused Presentment & Notice of DishonorPresentment & Notice of Dishonor



Mortgage CancellationMortgage Cancellation



Mortgage Cancel UCC R ulesMortgage Cancel UCC R ules





Using The UCP & UCC to claim interests and thus Using The UCP & UCC to claim interests and thus enabling discharge of F.S.L.enabling discharge of F.S.L.

y Administrative Claims of Interest in

Bonds/Securities Using UCC 9-311y Treaty claims***

y Federal Statutory Claims to Interests yougain in Securities and Bonds

y Protecting those claims through 10 realdefenses

y Administrative Notices & Law Suits basedon Financial Institutions fraudulently

converting your interest to othershareholders



Public Law (73) 48 Stat 112 & 113Public Law (73) 48 Stat 112 & 113

y HJR 192 JOINT RESOLUTION TO SUPEND THE GOLD STANDARD AND ABROGATETHE GOLD CLAUSE JUNE 5TH 1933 73rd CONGRESS

y Joint resol uti on t o assure Unif orm val ue t o the c oins and currencies of theUnited States. Whereas the hol ding of or deal ing in gol d affect the publ ic

interest, and theref ore subject t o pr oper regul ati on and restricti on; and whereas the existing emergency has disc losed that pr ovisi ons of obl igati on,which purpose t o give the obl ige a right t o require payment in gol d or aparticul ar kind of c oin or currency of the united States, or in an amount of the United States measured thereby, obstruct the power of C ongress t o regul ate the val ue of money of the united states, and are inc onsistent withthe dec l ared pol icy of the c ongress t o maintain at all times the equal power of every d oll ar, c oined or issued by the United States, in the markets and inthe payment of debts. Theref ore be it resol ved by the Senate and H ouse of Representatives of the United States of America in C ongress assembl ed,

that y every pr ovisi on c ontained in or made with respect t o any obl igati on which

supports t o give the Obl igee a right t o require payment in gol d or aparticul ar kind of c oin or currency, or in an amount in money of the United States measured thereby, is dec l ared t o be against publ ic pol icy; and no such pr ovisi on shall be c ontained in or made with respect t o any obl igati onhereinafter incurred.




y E very obl igati on, heret of ore, or hereinafter incurred, whether or not any such pr ovisi on is c ontained therein or made withrespect theret o, shall be discharged upon payment d oll ar f or d oll ar, in any such c oin or currency which at the time of payment is l egal tender f or publ ic and private debts.

y Any such pr ovisi on c ontained in any l aw authorizingobl igati ons t o be issued by or under the authority of theUnited States, is hereby repeal ed, but the repeal of any suchpr ovisi on shall not inval idate any other pr ovisi on or authority

c ontained in such l aw.y (b) as used in this resol uti on, the term obl igati on means any

obl igati on (inc l uding every obl igati on of and t o the United States, excepting currency) payabl e in money of the United States; and the term c oin or currency means c oin or currency of the Reserve Banks and nati onal banking associati ons.




y Sec. 2, the l ast sentence of paragraph (1) of subsecti on (B) of secti on 43 of the Act entit l ed an Act t o rel ieve the existingnati onal ec onomic emergency increasing agricul tural

purchasing power, t o raise revenue f or extraordinary expenses incurred by reason of such emergency, t o pr ovideemergency rel ief with respect t o agricul tural indebtedness, t o pr ovide f or the order l y l iquidati on of j oint (c) st ock and banks,and f or other purposes, appr oved May 12th 1933, is amended t o read as f ollows:

y All c oins and currencies of the United States (inc l uding Federal

Reserve N otes and heret of ore and hereafter c oined or issued),shall be l egal tender f or all debts, f or publ ic, private, publ ic charges, taxes, duties, and dues, except that gol d c oins, whenbelow the standard weight and l imit if t ol erance pr ovided by Law f or the singl e piece, shall be l egal tender onl y at val uati onin pr oporti on t o their actual weight. Appr oved J une 5 th 1933,4:30pm.



Why Discharge Wor sWhy Discharge Wor s

y Article I Section 8 clause (5) of the Constitution givesCongress the power to regulate the Value of Money, thuswith No Gold to Back the Money Congress Brought aboutuniform Value through this Act of Congress to alignthemselves with proper provisions of the Constitution[Article I & VI}!

y No Officer, administrator, corporate entity acting under theauthority of the United States, a State, County,Municipality, etc« can require payment in a particular typeof coin or currency as long as that tender of payment islegal tender or a tender according to Law. United StatesNotes Securities or Bonds are Legal Tender

y Your Promissory Note Drawn from your Treasury DirectAccount is Legal Tender

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