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Sheriff Candidate proposes Moratorium on Mortgage Foreclosures

• Rico S. Giron

Moratorium on Mortgage Foreclosures

 

     

Click here to read this Memorandum of Law - Bank Fraud 

 

The Constitution for the united States of America is the Supreme Law of the Land, Article VI, paragraph 2. All statutes and laws enacted by Congress must be in harmony with the Constitution. Any statute or law enacted by Congress that is in contradiction or disharmony with the Constitution is null and void from the beginning. It creates no duties, creates no rights, imposes no obligations or duties upon any Citizen of the united States of America . It is as if it never existed. Marbury v. Madison, U.S. Supreme Court decision, 1801.

 

“…all executive and judicial Officers, both of the United States and of the several states, shall be bound by Oath or Affirmation, to support this Constitution”, Article VI, paragraph 3. When we refer to the Preamble of the Constitution we find this statement, “…do ordain and establish this Constitution for the united States of America , italics for emphasis only. By slight of hand, this statement gets converted to, “the Constitution of the United States ”. The term “ United States ” has a specific meaning. Title 28, USC, section 3002, defines “ United States ” as a Federal corporation.

     So then all executive and judicial officers who take the oath to the “ United States ” are working for the corporation identified as the “ United States ”. They do not take an Oath to the original Constitution. By trickery and deceit, the government has converted all executive and judicial officers into corporate officers working for the corporate United States for the benefit of the corporation and not for the benefit of “We the People”. That is the current dilemma. We cannot get the corporate officers to listen to “We the People”. Look at what just happened with the so-called Health Care Bill. Simply rammed down the throats of the American People.

Question is this: Who owns the "federal corporation" known as the " United States "?  Very simple.  The Federal Reserve  Banking System.

All corporations have one goal, to maximize profits no matter what the human cost, or the environmental cost.

This oath to the “Corporation” creates quite a legal conundrum. The minute that “all executive and judicial Officers” take an oath to this mother lode “Corporation”, they have engaged in an act of treason against the People of the united States of America . However, it the nature of criminals to protect themselves, and their actions against prosecution for their crimes. Especially when they are the ones writing the so-called statutes and laws. To wit, Title 18, USC, section 2381 defines “Treason” as “levying war against the United States ”. So then “Treason” is clearly defined as levying war against the corporation known as the United States , not as engaging in act of Treason against the People of the united States of America . Thus “all executive and judicial Officers” are free to betray us and engage in all sorts of belligerent and unlawful, actions against American Citizens with total impunity.

Hence, we come to the central point of the mortgage foreclosure planned fiasco. Within the four walls of the courtroom, the judge is acting in the capacity of corporate officer interested in protecting the revenue of the corporation. He is not adjudicating law. He is simply a revenue officer. A little known fact is that the judge makes a commission on each and every judgment that goes through his courtroom. The amount of commission is in dispute, could be as high as ten percent or more.

     Keep in mind, the judge sits on the "bench".  In French, "banc" means bank, and also means "bench".  So then, the judge sits in for the "bank" as a corporate officer protecting the interests of the "banc".  A simple but very clever method of decieving the sheeple of the united states of America . 

     One other thing, the word " America ", when reduced to its Latin pre-fix, root word and suffix,  means this.  The prefix "A" means no,  the root word "merci" means mercy, and the suffix "ca" means sheep.  Therefore, the word, " America " means in Latin, No mercy for the sheep.  So now you know.

Continuing with the mortgage foreclosure fiasco. Courts with real judges, hard to believe, but there are some judges with a sense of moral imperative, all over the country have set forth stringent lawful requirements that a bank or mortgage company must meet before a foreclosure suit can be initiated and proceed.

First, the lending institution must enter into the court record, the original “Note” and the original “Mortgage” document as of the date the Complaint was filed. The problem is that the lending institution does not have the originals anymore. Immediately after completing the closing, the lending institution sold the “Note” and the “Mortgage” to a group of investors and turned over the original “Note” and “Mortgage” to the investor group. The original lending institution no longer has any capital at risk. Based on this requirement, the foreclosure suit cannot go forward. However, the revenue officer, the so-called judge counts on the abysmal ignorance of the Citizen losing their home and the judge proceeds to steal the property.

Another thing that is happening is this. The banks are using fraudulent securities. The banks enter copies of the note and mortgage that measure 8.5 inches by 11 inches. Pursuant to 18 USC, these full size copies are fraudulent securities. Copies can only measure 75% of the original or 150% of the original. This would clearly give notice that these are copies. However, the banks are entering 100% copies, these are fraudulent securities.

Second, the lending institution must file an affidavit of ownership, which clearly identifies the Plaintiff as the “Real Party in Interest” with all of the attending rights, title and interest in the “Mortgage”. When the lending institution sold the “Note” and the “Mortgage”, they stopped being the “Real Party in Interest”. Hence, the lending institution has no “Standing” to sue on the property.

New Mexico does not even have any mortgage foreclosure statutes, so all of the mortgage foreclosures in New Mexico are conducted under the Rules of Civil Prodecure.  READ that again, no mortgage foreclosure statutes in New Mexico .  The whole mortgage foreclosure business in New Mexico is conducted the Rules of Plunder of War, the spoils of War, Prize and Booty.

Third, “Standing” is an absolute pre-requisite to filing a lawsuit. There are are three lawful requirements for “Standing”.

1.    Injury in fact-not a hypothetical injury.

2.    Causality-that the actions of the borrower created the injury in fact.

3.    Redressability-that the judgment will make the injured party whole.

Three things can  be proven beyond a doubt: 1) There is no injury in fact to the  bank or mortgage company.  2) There is no causality-the bank is the cause of the damage to the mortgagor.  3) There is no redressability for the bank since it is the bank that caused the injury and damage to the mortgagor.

The revenue officer, the so-called judge, on the case will not require that his corporate buddies, the lending institutions, prove standing in the courtroom. Thus, without “Standing” the lawsuit cannot go forward.

Fourth, in order for a contract to be valid and binding, there must be “Consideration”. “Consideration” means “something of value”. The Citizen borrowing Federal Reserve Notes, brings his real estate, “something of value”, to the table in exchange for worthless paper called Federal Reserve Notes. So then, one must ask a few basic questions in regards to this transaction. When the bank loaned the borrower Federal Reserve Notes, did the bank go the to vault and take Federal Reserve Notes on deposit and loan those to the borrower?

Ask any banker friend and he will tell you that “No”, they do not loan out their deposits. So then, how are the Federal Reserve Notes “produced”? The bank goes to their computer and by the use of their “magical, Hollywood wand”, a few keystrokes, produce, out of thin air, say $100,000.00 Federal Reserve Notes, to loan you. This is where “Credit” comes from. One second before, these Federal Reserve Notes did not exist. Now, by magic, the bank has $100,000.00 worth of Federal Reserve Notes to lend you. So if creating “something of value” out of thin air is real, then it is easy for me to convince you that the Easter Bunny lays different colored eggs once a year. All mortgage contracts and notes are null and void for fraud, the bank never brought any "consideration" to the table. Also, the contract is void for lack of disclosure which a violation of TILA, Truth in Lending Act.

In the following sentences you can take the red pill or the blue pill. You must chose.

If you decide to read the above article titled "Memorandum of Law-Bank Fraud", you will discover that the banks, by federal law, are not allowed to lend their credit nor depositors money in the form of Federal Reserve Notes.  So the only thing the bank can loan you is your own money.  Good Reading .

There is a caveat here at this point. Before the bank or mortgage company create "credit", also known as Federal Reserve Notes, it needs to have on hand some collateral. You signed two major documents at the "closing", the "Note" and "Mortgage" or "Deed of Trust". Most Americans do not realize how valuable their signature on documents is. The Mortgage document serves as the collateral needed by the bank(from this line forward, when I say bank, I also mean mortgage company).

When you sign the "Note", the bank turns it into "money" and deposits it into a special, secret account set up in your name, that is to say, an all capitals name "nom de guerre" also known as "The Enemy of the STATE".   By the magic of "banking", your signature is needed to "monetize" the "Note". To the bank, the "Note" document is actual "money".

If you don't believe me, request a copy of your "Note" and "Mortgage/Deed of Trust". Examine the Mortgage documents and you should be able to find a stamp on the document that says, "Pay to the Order of, without prejudice ABC Mortgage Company/ABC Bank." Now we just hit the mother Lode. Follow the money.

Under 18 USC, the "Note" becomes a negotiable instrument, also known as a "Security". Hence, you, the borrower, by your signature, created a "Security" for the bank. Which in turn, the bank, converts into "money".

Now here is where it gets fun. Now that the bank has "money" that it deposited into your secret, undisclosed account, it can loan you your own "money" back at interest. The bank then must balance its books, so the bank writes a "hot check" against the "money" in your secret account to "pay off" your debtor. Then your bank demands that the bank receiving their "hot check" pay them back with Federal Reserve Notes. Now the bank turns to you and says, "Now that we loaned this money, you owe us for the next thirty years".

The bank very conveniently ignores the "money" that you created by your signature and the bank deposited into the secret, undisclosed account. By the fact that you abandoned this secret account, the bank considers this "money" a gift from you. See, under the law, you cannot reclaim a gift that you made. Of course, the bank defrauded you when they took the "money" that you knew nothing about. Wow! What a system!

However, the "money deposited into your secret, undisclosed bank account", is still there. The bank considers this secret, undisclosed account abandoned. Thus, they lay claim to this "money". However, this theft of your property is a second degree felony called "Conversion of property". However, the banking system has little to fear, we as Americans have been dumbed down to the point of illiteracy by our indoctrination system. Oops, did I say indoctrination, I meant to say "education".

Here is the crux of the above three paragraphs.  You, the mortgagor are a depositor and the bank owes you the amount of money of the Note.  How is that for fraud.  You should be suing the bank for fraud and extortion.  The bank counts on the stupidity of the American people and gets to steal homes at their leisure.

Lets go down the rabbit hole a little more. When the bank deposits your "Note money" into your special, secret account, you owned your home free and clear. The bank neglects to inform you of this little tidbit of information. Pretty convenient and self serving isn't it?

I believe that it was Henry Ford that said, "If the American people understood the banking, monetary system, they would hang us by morning". 

You would think that the bank would be satisfied with this transaction. After all, it has risked nothing, got your home for free and enslaved you for the next thirty years. No sir! The bank knows no limit on their avarice and greed. The bank lusts for your property and money in a satanic and demonic machination.

The bank then turns around and sells your "Mortgage" to Wall Street through groups of investors, for full value. Now this is coming to full fruition. The bank has now gotten paid twice on your signature on the "Note" document.

Now class, pay attention. This will be on your test of Life.

1. You created the "credit" for the bank, which the bank treated as "Money"

2. The bank monetized the "Note" document through your signature

3. The "Note" document is a negotiable instrument

4. The "Note" document is a "Security" under 18 USC

5. This "Note money" is deposited into a secret, undisclosed account at the bank in YOUR NAME.

6. The bank turns around and writes a "hot check" against this "Note  money" to pay off your debtor.

7. The bank demands and is paid by the receiving bank in Federal Reserve Notes.

8. The bank considers the "Note money" in your secret, undisclosed bank account, abandoned, and lays claim to it.

9. Thus the bank steals your money in your secret, undisclosed account

10. The payments that you make into this secret account are also considered abandoned, and the bank lays claim to them.

11. The bank turns around and sells your "Note and Mortgage" to Wall Street investors, who in turn sell these as "Mortgage Backed Securities" back to the public.

12. The bank has risked nothing in this entire transaction

13. You, the borrower, have voluntarily given your home or ranch to the bank for free.

14. You, the borrower, are enslaved for the next thirty years to the bank because of your own ignorance.  In the old Testament, in Isiah and Hoseah, it is stated, "My people are enslaved for    lack of knowledge."

15. You, the mortgagor are in truth the depositor and the bank owes owes you the amount of the Note.

It has been said that "Truth is stranger than fiction". This is a wet dream for the Federal Reserve Banking system.

The Federal Reserve Banking system is a SATANICALLY inspired system of SLAVERY AND DOMINATION of the productive people of America and the entire world. The owners of the FRB are bloodsucking parasites and leeches that have never worked a day in their miserable lives while destroying the productivity of the American people and the world.

The Federal Reserve Banking system is a RICO organization. RICO stands for racketeer influenced corruption organization. Everything that a bank does is fraud, extortion, wire fraud, mail fraud, the list of crimes is endless. But then, it is nice to have friends, in the form of treacherous senators and representatives, in high places passing "legislation" to protect the Federal Reserve.

Fifth, I saved the best for last. In the first paragraph of this article it was established that this Constitution for the united States of America is the Supreme Law of the Land. Any statute or law out of harmony with this Constitution is null and void from the beginning. Any court decision that is out of harmony with this Constitution, is null and void. The Bill of Rights clarified for the government, that the rights enumerated therein, are God-given rights, not rights given to men by other men or governments, and that these rights are Sacred and untouchable. They cannot be removed or abrogated by any government or any man or any corporation, under any circumstance.

The Fourth Amendment guarantees the right of the People to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

The Fifth Amendment guarantees that a Citizen accused of a crime cannot be deprived of his three most sacred possessions, life, liberty and property without a trial by jury.

The Seventh Amendment guarantees the right of trial by jury in any controversy where the value in controversy shall exceed twenty dollars. Here is where it gets tricky. A “dollar” is defined as “a gold or silver coin” of a specific weight. Federal Reserve Notes are paper created out of thin air with no value whatsoever. Federal Reserve Notes have been denominated in increments of “dollars”, to make them appear to be dollars, but cannot by law, be dollars. Federal Reserve Notes have been decreed to be “legal tender” by the corporation known as the United States . “We the People” have been tricked into accepting Federal Reserve Notes as “money”.

Here is the caveat, since Federal Reserve Notes are not, and cannot, ever be dollars, in any matter dealing with Federal Reserve Notes, no American Citizen gets a trial by jury.

The judges and the liaryers of the United States are the secret, Gestapo police for the banks, doing the will of the banks. Keep in mind, a judge sits on the "bench". In French, bench is "banc", which also means bank. So a judge sits in for the bank, and protects the banks' interests. Going through three years of law school is simply a hypocritical farce that fools only the greatest fools in the world, the American sheeple.

Again, back to the mortgage fiasco. When the revenue officer, the so-called judge, on the case, does not provide the borrower being sued, the protection of the Fourth, the Fifth and the Seventh Amendments, he knows that he is not adjudicating law, but simply acting as a revenue officer protecting and enhancing the revenue of the corporate, United States. In fact, he can ignore all requests by the Defendant for a trial by jury because he knows the Citizen being sued has no idea of what jurisdiction he is being sued in.

In this particular case, the Defendant in a mortgage action is being sued in Admiralty/Maritime court, also known as the "Kings' Court" with privileges granted to him/her by the King.

When the revenue officer, the so-called judge, issues a judgment against the borrower for defaulting on the “Note” and “Mortgage” without a “Trial by Jury”, he knows that he has betrayed the confidence of the American people, but he is doing the will of his master, the corporate United States. His betrayal of the American People is not legally Treason. Treason can only occur if he goes against his master, the corporate United States . The so-called judge is simply being a good “Nazi”, just following orders. However, the revenue officer, the so-called judge, also knows that he is violating the protections of the Fourth, the Fifth, and the Seventh Amendments afforded to the American Citizen.

In New Mexico even under the military rule of General Kearney during the 1850s, the right of a trial by jury in all matters dealing with life, liberty and property remained protected by military law. Subsequently, during the time that New Mexico was a territory, for about 60 years, the right of trial by jury was preserved to all Citizens. When New Mexico became a state in 1912, in article II, section 12, the right of trial by jury was guaranteed to remain inviolate as it had heretofore existed. Thus the New Mexico Constitution deferred to the Supremacy of the pre-existing condition as stated in the Organic Act establishing the Territory of New Mexico .

So then, the banks, the judges and the lawyers are the new "Mafia", extorting and defrauding the American Citizenry for lucre, due to our abysmal legal ignorance. The banks, the judges and the liarwyers are the modern day "Ghengis Khan", raping, pillaging and plundering the landscape simply because they can. Fact is, most of us are "legal idiots". This is by design and with the specific purpose to keep us enslaved to the "Legal system and its Liaryers." Most liawyers and judges have sold out their birthright as Americans for "thirty pieces of silver", or more specifically, for a few hundred worthless, Federal Reserve Notes.

Judges are no more than ambulance chasing liawyers who put on a little black dress and love to be called "Your Honor" by their ass-kissing fans, the liawyers. A prime example of the psychopathic arrogance that this ambulance chasing group of men engage in, is the fact that in order to cover up their own crimes, these so-called judges have given themselves "judicial immunity". Don't believe me, when is the last time you tried to sue a "judge"?

However, “We the People” live under “this Constitution for the united States of America ” and thus have the protections of the Fourth, the Fifth, and the Seventh Amendments in all matters dealing with life, liberty and property.

My analysis: The healthiest thing for this country would be for all homeowners to stop paying their mortgages immediately. Stop paying all credit card debt, stop paying your so called Federal "Income Tax", stop paying your State "income tax" and finally stop paying your property taxes. This would accomplish the following objectives:

1. This would stop the humiliation of the American Citizens.

2. This would stop the physical and psychological displacement of the American Citizens.

3. This would stop the grotesquely, immoral ransacking against the American Citizens that the banks are committing.

4. The banks would be forced to return to "honest banking" and return the owership of homes and ranches to the rightful owners, the American Citizens.

5. Every homeowner would own their home clear and free for the first time since 1933.

6. The banks would be forced to stop all of their fraudulent activities that have enslaved the American Citizens for the last 77 years.

7. The economy would rebound to its healthiest level in 100 years. This would be true economic development.

8. This would effectively break the Federal Reserve Beast.

9. Let the American People be the first to starve the "Mammon" Beast known as the Federal Reserve Bank.

I encourage every American homeowner with a mortgage on their home to engage in an act of Civil Disobedience by refusing to make any more payments to the criminal banks. This act alone would destroy the Federal Banking System, the stated goal of Ron Paul.

This is where I will declare a Moratorium on all Mortgage Foreclosure lawsuits and evictions until the banks and mortgage companies meet all five stringent lawful requirements as stated above.

No family will be evicted from their home or family homestead, as a result of a mortgage foreclosure suit, without a trial by jury and meeting the other four lawful requirements.

When the Citizens of San Miguel County elect me as their next Sheriff, before any Citizen in San Miguel loses their homestead unlawfully and unconstitutionally, I swear on the Altar of Almighty God, I will arrest the presiding judge on the case and the Special Master assigned to sell the property.

 

- Rico S. Giron, Future Sheriff of San Miguel County 

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