Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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After much research, I use to sell securities back in the late 80s and early 90s; in fact I had a mortgage company till I realized what was going on.

I just never saw this coming that's all, I have discovered that, according to FAS 05 FAS 95 FAS 133 FAS 140 FAS 166 and FAS 167, the standards that govern the creation of Bonds and what to do when doing that job.

The main thing, and what question people should ask is: WHY DO THE BANKS NEED TO MAKE SO MANY DOCUMENTS? Because they destroyed the promissory note thereby extinguishing the debt as a secured by property debt.

These are the rules and this is why they, the banks, need to make so many documents. The banks knew the problem before hand and tried as best they could to set things up so they didn't have to take the risk of unsecured debt since that's not how they sold those bonds to the investors but as users of GAAP FASB Standards and GAAM Banks are quite well aware of the rules and what they did.

Otherwise they are trying to tell us that after 20 30 years in this job they do not know anything....sorry don't I buy that one..

So yes it is very true. No one can prove title to the property unless they held the note the whole time. Otherwise bifurcation is the result already not as in we need to stop it from happening..it already has occurred.

So he seems a huckster and sometimes a fake but he's dead on target.


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Bill

Quote:

The main thing, and what question people should ask is: WHY DO THE BANKS NEED TO MAKE SO MANY DOCUMENTS? Because they destroyed the promissory note thereby extinguishing the debt as a secured by property debt.



This is pretty much garbage.

Could you post the statutes and cases you are relying upon that shows that if you don't have the note it is no longer a secured debt?

To the contrary, most state laws allow for the enforcement of a lost/destroyed note. 

Why do you think there are so many cases in FL where the Plaintiff is asking to foreclose a mortgage and filing a lost note affidavit????????

If people are really wondering why so many documents are fabricated/forged in foreclosures a big reason is the banks aren't foreclosing.  The Servicers are foreclosing.  MOST of the time the banks/trustees don't even know the case is going on.  The Servicers DON'T have the Note, Mortgage or any original documents.  At best they have scans of SOME of these documents.  Rather than go to the Trustee/Bank that does have these documents, they are lazy, don't want to spend the time, and just forge what is needed.

This is why several threads here have tried to re-enforce the idea of using good discovery to allow the Plaintiff to forge documents, purger themselves, THEN expose this fraud.  Make them commit to a position.

I really haven't seen any cases where the Plaintiff just couldn't produce the original documents.  If you believe this you live in fairy tale land.  IF PUSHED FAR ENOUGH AND GIVEN ENOUGH TIME THEY WILL GO TO THE TRUSTEE/BANK AND GET THE ORIGINALS.  These documents were not destroyed.  The note went straight to a custodian from closing and into a vault.
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Bill
We've also had plenty of threads on Garfield. 

How many foreclosures has he litigated?

How many foreclosures has he won?

How many foreclosures has he lost?

How many foreclosures has he been an expert witness in?

Zero.

Many posters here have had far more time litigating foreclosures than Garfield.

He is trying to sell stuff to the less sophisticated, desperate, vulnerable, homeowners in foreclosure. 
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Bill,

I must disagree with you. While the notes may be in a vault somewhere god knows who has what pledged where. My fight with all this crap began in 2004 when I found out the company I worked for lied about having the right to sell mortgage notes for Chase. I actually did 3rd party after charge-off collections. I found this out after they took $80,000 from a rogue debt scavenger. Found out just who is who afterwards.

The company I used to work for has down two of the top foreclosure trustees down as their board of directors. Come to find out I've tracked back til at least 1998 this group putting fraud into the courts. Guess its a good thing after I left I found out who I actually worked for.

My own foreclosure was brought on by no amount of money being good enough for Citi to do proper biz. For everyone that goes to court with no way to pay I went with bankers ready to spend money for their assets and no amount of money is enough to get any of them to do honest biz. They did like the following case in mine. So many people they have done this to. It's not ROBO SIGNING its a Robo Life as well. All manufactured.

I ended up with two separate federal recusals for trying to stop the crisis. Would I do it again? You betcha! Stealing is wrong especially when you catch them RED HANDED endorsing fraud on so many levels! 

Come to find out I'm from one of the 1st National Banking families in the country and one of the wealthiest. They stole it all without rhyme or reason. The only way I've put it together is by ancestral records. Poof WELCOME TO THE USA!

I was and continue to be denied any whistle blower protections
that are supposed to be allowed. Every atty and even judges refuse to address the truth and totality of it all. Just this week I found one family member built one of the 1st courthouses in Ward County TX and a wealthy gold miner. So its kinda ironic to not be told anything on so many levels and see what they try to do to people.  His associates actually built the State Capital in Austin TX.

Just so happens this case is against the Shapiro Boys! ROT IN HELL to evil people who don't believe in honesty or benefit of  doubt to tell the truth!

http://volo.abi.org/banks-v-kondaur-capital-corp-in-re-banks/opinion

I know this case happened in MN but its and Eighth Circuit decision. Anyone know how this plays? Is MN non judicial? I forget. Does this apply to other areas?

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Bill

topgucrdtadvsr wrote:
Bill,

I must disagree with you. While the notes may be in a vault somewhere god knows who has what pledged where.

It's not a question of what was pledged where.  That is the bank's problem.  The question was if a note is lost or destroyed is the debt now unsecured. 

The answer is............. NO............. The debt still exists and is still a secured debt.  Even without the note, the owner of this note can enforce the note and mortgage. 

My other point is that the notes DID go to a vault.  There are very strict procedures in place in regards to endorsed notes.  It's like cash.  They are sent insured overnight.  If you have ANY experience related to notes you would know this.  Notes don't just vanish, they are tracked everywhere they go. 

You really started drifting off into wing-nut land in your post.......

Quote:
I ended up with two separate federal recusals for trying to stop the crisis. Would I do it again? You betcha! Stealing is wrong especially when you catch them RED HANDED endorsing fraud on so many levels! 


Noun1.recusal - (law) the disqualification of a judge or jury by reason of prejudice or conflict of interest; a judge can be recused by objections of either party or judges can disqualify themselves


You had two federal judges disqualified "for trying to stop the crisis"????????



Then we drift even further...........

Quote:
Come to find out I'm from one of the 1st National Banking families in the country and one of the wealthiest. They stole it all without rhyme or reason. The only way I've put it together is by ancestral records. Poof WELCOME TO THE USA!



Then we again drift even further..........

Quote:
 

I was and continue to be denied any whistle blower protections
that are supposed to be allowed. Every atty and even judges refuse to address the truth and totality of it all. Just this week I found one family member built one of the 1st courthouses in Ward County TX and a wealthy gold miner. So its kinda ironic to not be told anything on so many levels and see what they try to do to people.  His associates actually built the State Capital in Austin TX.




I'm not really sure what anything past your 3rd paragraph has to do with this thread or really any thread here.  I almost stopped reading because my eyes started to glaze over but kept going because I thought you were planning on tying it together in some relevant way.  I am sorry to hear you lost your home in a foreclosure but don't see the relevance of your family history, the amount of wealth your alleged family members have, or who built what building. 
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To you it may not be relevant no problem Bill...To me I represent not only myself but any American facing the foreclosure crisis. I feel like millions of others that it takes hard work to accomplish yourself in whatever you choose to do.

I was never taught to be biased and impartial to people. I was never taught the cruelty that some people try to dish out. This crisis is a manufactured crisis for some time. Time will tell how it plays out. This isn't just a foreclosure crisis. I've tracked the timelines and history of our country quite closely.

I attempted to stop the crisis not only for me but the millions of American's that would have no clue how to deal with such a terrifying set of circumstances. A crisis that I understand in dealing with what I've dealt with. Think what you will of me my intent has been to benefit our country. Maybe people don't need to know some of the stuff that I put here. However, I feel its good to be honest open and transparent. Cause god will give you the circumstances to deal with if your not.

I believe if your told you have the right to not only collect on charged off non-performing assets and sell them that you better be told the truth if its on behalf of any bank!

If I'm wrong and none of what I know is important then why have the men behind the mirrors remove court documents? Why Recuse? It's a little thing called CONFLICT OF INTEREST!

GEE U THINK? Not my fault this crap is gov manufactured. Origination and servicing may be one thing but they have nothing on the collection agencies and foreclosure trustees putting fraud into the court knowing its fraud before they put it there. Our country has tried to make homeowners victims to some degree.

When one wants to get paid they need to prove up or they get dismissed without prejudice. That should be a false proof of claim fine of $500,000. Look at proof of claim forms they state this. But getting them to enforce many rulings like the one mentioned in my prior posting are very lacking but finally being put out here. Another reason why its good is the firm its against. They are over 24-36 of the top foreclosure trustees nationally. And there's proof back to 1998 that I can document such info on this group. Some are tracking this back to 1980. They are at the helm of this crisis and in with every judge there is no doubt. Look at their credentials and they created the cradle to grave mortgage process.

I agree that your spot on with your knowledge of the industry and will take your salty words with a shot of tequila knowing that soon enough I'll continue to make make this world a better place to live in.

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yes and when I am done I will give them to you. Why don't you focus on 13 Stat 99 is the bulk of Banking law under Title 12 USC.


Pick yourself up a copy of GAAP or GAAM read them and tell me I am wrong I will not spend what little time I have left trying to convince you.

Prove me wrong with title statute and law, not evidence prima facie of law as in a title but actual statute at large law. You should argue with uncodified law such as labor law if the rule doesn't agree with the statute you have the right to construction so as to compare the intent of the legislature to the result of the rule promulgated on it.

And I am sorry gentlemen but standing is the most important key to the courts of this country so I am amazed at the advice given here in regards to the law. Maybe you guys should be attorneys before you argue so vehemently with someone, who may have done it 30 years ago but who did sit law school.

I sat through 3 years of law school and while I was slow in the beginning in figuring out what I was supposed to do what was going on etc I have now made the leap from dumb as a rock to they are on the ropes and desperate for me to go away.

Because I am on the scent and it all has to do with as I said grab yourself a copy of GAAP or GAAM or maybe even copies of the FASB's FAS 5, 95,

Look here's a brief explanation so if you want to argue please do from a position of knowledge please.

© 2003-2004 EFTrans
United States Code intent
United States Code about
http://www.gpoaccess.gov/uscode/about.html
Statutes at Large
supersede codes
House of Representatives
Law Revision council
http://www.gpoaccess.gov/uscode/browse.html
Office of the Law Revision Counsel
Positive law codification is the process of preparing and enacting, one title at a time, a revision
and restatement of the general and permanent laws of the United States.
Positive law codification bills prepared by the Office do not change the meaning or legal effect
of a statute being revised and restated. Rather, the purpose is to remove ambiguities,
contradictions, and other imperfections from the law.
Lawyers and Judges in Collusion, By Judge John Fitzgerald Molloy
Made Miranda v. Arizona decision.
Separation of Powers doctrine
00:07:15
Opinion of judge is ok unless a party objects.
Legislature makes law
GPOaccess.gov/uscode official version
50 titles
Title 12 Banks & Banking
USCA
USCS
13 Stat 99 covers banking, which covers the bulk of the rules in Title 12 USC
00:08:15
Judiciary to interpret the intent of Congress, i.e. he confirms the intent of
Congress
Judge’s authority is only to state what the intent of Congress was. When the case is appealed,
that is when the intent of the Congress
He has no delegation of authority to go beyond that.
If judge doesn’t interpret, but makes his own law, then he is voiding
contract, or exceeding jurisdiction.
1 USC Chapter 3, Sec. 204
The codes are “prima facie” evidence of law unless enacted into positive law in which case they
are “legal” evidence of law.
[updated 05-04-2009]
Sec. 204. Codes and Supplements as evidence of the laws of
United States and District of Columbia; citation of Codes and
Supplements
In all courts, tribunals, and public offices of the United States,
at home or abroad, of the District of Columbia, and of each State,
Territory, or insular possession of the United States--
(a) United States Code.--The matter set forth in the edition of the
Code of Laws of the United States current at any time shall, together
with the then current supplement, if any, establish prima facie the laws
of the United States, general and permanent in their nature, in force on
the day preceding the commencement of the session following the last
session the legislation of which is included: Provided, however, That
whenever titles of such Code shall have been enacted into positive law
the text thereof shall be legal evidence of the laws therein contained,
in all the courts of the United States, the several States, and the
Territories and insular possessions of the United States.
(b) District of Columbia Code.--The matter set forth in the edition
of the Code of the District of Columbia current at any time shall,
together with the then current supplement, if any, establish prima facie
the laws, general and permanent in their nature, relating to or in force
in the District of Columbia on the day preceding the commencement of the
session following the last session the legislation of which is included,
except such laws as are of application in the District of Columbia by
reason of being laws of the United States general and permanent in their
nature.
(c) District of Columbia Code; citation.--The Code of the District
of Columbia may be cited as ``D.C. Code''.
(d) Supplements to Codes; citation.--Supplements to the Code of Laws
of the United States and to the Code of the District of Columbia may be
cited, respectively, as ``U.S.C., Sup. '', and ``D.C. Code, Sup.
'', the blank in each case being filled with Roman figures denoting the
number of the supplement.
(e) New edition of Codes; citation.--New editions of each of such
codes may be cited, respectively, as ``U.S.C., ed.'', and ``D.C.
Code, ed.'', the blank in each case being filled with figures
denoting the last year the legislation of which is included in whole or
in part.
00:10:15
The bulk of the codes come from a combination of legislated statutes and interpretive case law.
Codes can be found at http://www.gpoaccess.gov
Office of the Law Revision Counsel of the House of Representative
Positive law codification is the process of preparing and enacting, one title
at a time, a revision and restatement of the general and permanent laws of
the United States.
00:13:50
Titles enacted into law:
1 3 4 5 9 10 11 13 14 17 18 23 28 31 32 35 36 37 38 39 44 46 49
Titles Enacted = Legal evidence of the law, positive law
Titles not Enacted = prima facie evidence of law
http://uscode.house.gove
13 Stat. 99 has bulk of the Banks & Banking statutes
12 USC is the Banks and Banking codes
USCA & USCS same as USC, plus has annotations
USCA has “case holding” relative to the statutes
1 USC Chapter 3, Sec 204
00:19:00
Rectum = an accusation or a trial
00:20:00
Codes vs statutes
00:20:15
Title 62 of Statutes at Large, which is 13 Stat 99
Title 12 of Codes, Banks and Banking
00:20:40
Official source for the United States laws is Statute at Large and United
States Code is only prima facie evidence of such laws. Royer’s Inc. v.
United States (1959, CA3 Pa) 265 F.2d 615, 59-1 USTC 9371, 3 AFTR 2d 1157l.
Statutes at Large are “legal evidence” of laws contained therein and are
accepted as proof of those laws in any court of United States. Bear v.
United States (1985, DC Neb) 611 F Supp 589, affd (1987, CA8 Neb) 810 F.2d
153
Unless Congress affirmatively enacts title of United States Code into law,
title is only prima facie* evidence of law. Preston v. Heckler (1984, CA9
Alaska) 734 F.2d 1359, 34 CCHEPD 34433, later proceeding (1984, DC Alaska)
596 F Supp 1158.
Where title has not been enacted into positive law, title is only prima facie
or reputable evidence of law, and if construction is necessary, recourse may
be had to original statutes themselves. United States v. Zuger (1984, DC
Conn) 602 F Supp 889, affd without op (1985, CA2 Conn) 755 F.2d 915, cert den
and app dismd (1985) 474 US 805, 88 L Ed 2d 32, 106 S Ct 38.
Even codification into positive law will not give code precedence where there
is conflict between codification and Statutes at Large. Warner v. Goltra
(1934) 293 US 155, 79 L Ed 254, 55 S Ct 46; Stephan v. United States (1943)
319 US 423, 87 L Ed 1490, 63 S Ct 1135; United States v. Welden (1964) 377 US
95, 12 L 2d 152, 84 S Ct 1082.
United States Code does not prevail over Statutes at Large when the two are
inconsistent. Stephan v. United States (1943) 319 US 423, 87 L Ed 1490, 63 S
Ct 1135; Peart v. The Motor Vessel Bering Explorer (1974, DC Alaska) 373 F
Supp 927.
Although United States Code establishes prima facie what laws of United
States are, to extent that provisions of United States Code are inconsistent
with Statutes at Large, Statutes at Large will prevail. Best Feed, Inc. v.
United States (1965) 37 Cust Ct 1, 147 F Supp 749.
Where there is conflict between codification and Statutes at Large, Statutes
at Large must prevail. American Export Lines, Inc. v. United States (1961)
153 Ct Cl 207, 518 F.2d 1369, cert den (1976) 429 US 817, 50 L Ed 2d 76, 97 S
Ct 59.
“This distinction between the Statutes at Large and the U.S.C. can be better
understood in the context of positive and non-positive law. A non-positive
law title of the Code (such as Title 29 – Labor, for example) consists of
Statutes at Large which have not been enacted directly to such title, but
which have been codified to such title by the Law Revision Council. On the
other hand, in a positive law title (such as Title 10 – Armed Forces),
Statutes at Large have been enacted directly to such title. Because of this
distinction, it is not uncommon to find such words as ‘title’ or ‘Act’
appearing in the text of a Statutes at Large which have been codified to a
non-positive law title of the Code. While we preserve such language in
U.S.Cs. , the compilers of the U.S.C. substitute words such as ‘chapter’ or
‘subchapter.’ This substitutionary policy has, on several occasions,
resulted in conflict between the U.S.C. and the Statutes at Large. For
example, in one case it was held that use of the word ‘Act’ in the Statutes
at Large prevailed over substitution of the word ‘chapter’ by the compilers
of the Code (see United states v. Vivian (1955, CA7 Ill.) 224 F.2d 53, cert
den 350 US 953, 100 L Ed 830, 76 S.Ct. 340 (1956))
Other cases:
Warner v. Goltra (1934) 293 US 155, 79 L Ed. 254, 55 S. Ct. 46;
Stephan v. United States (1943) 319 US 423, 87 L Ed. 1490, 63 S.Ct. 1135;
Nashville Milk Co. v. Carnation Co. (1958) 355 US 373, 2 L Ed2d 340, 78 S.Ct.
352;
United States v. Welden (1964) 377 US 95, 12 L.Ed.2d 152, 84 S.Ct. 1082;
United States v. Neifert-White Co. (1968) 390 US 228, 19 L.Ed.2d 1061, 88
S.Ct. 959;
Goldstein v. Cox (1970) 396 US 471, 24 L.Ed.2d 663, 90 S.Ct. 671;
United states v. Bornstein (1976) 423 US 303, 46 L.Ed.2d 514, 96 S.Ct. 523;
American Bank & Trust Co. v. Dallas county (1983) 463 US 855, 77 L.Ed.2d
1072, 103 S.Ct. 3369
00:25:05
There are great differences between 12 USC and the statutes.
Federal Reserve Bank publications
Points of Interest
Federal Reserve Bank of Chicago
Public Information Center
P.O. Box 834
Chicago, IL 60690-0834
312-322-5111
“Banks and Deposit Creation
Depository institutions, which for simplicity we will call banks, are
different from other financial institutions because they offer checking
accounts and make loans by lending checkbook deposits. The deposit creation
activity, essentially creating money, affects interest rates because these
deposits are part of savings, the source of the supply of credit. Banks
create deposits by making loans. Rather than handing cash to borrowers,
banks simply increase balances in borrowers’ checking accounts. Borrowers
can then draw checks to pay for goods and services. This creation of
checking accounts through loans is just as much a deposit as one we might
make by pushing a ten-dollar bill through the teller’s window. With all of
the nation’s banks able to increase the supply of credit in this fashion,
credit could conceivably expand without limit. When banks create checkbook
deposits, they create money as well as credit since these deposits re part of
the money supply.”
Two Faces of Debt
Federal Reserve Bank of Chicago
Page 19, Paragraphs 3-5:
“For an individual institution, they arise typically when a depositor brings
in currency or checks drawn on other institutions. The depositor’s balance
rises, but the currency he or she holds or the deposits someone else holds
are reduced a corresponding amount. The public’s total money supply is not
changed.
But a depositor’s balance also rises when the depository institution extends
credit either by granting a loan to or buying securities from the depositor.
In exchange for the note or security, the lending or investing institution
credits the depositor’s account or gives a check that can be deposited at yet
another depository institution. In this case, no one else loses a deposit.
The total of currency and checkable deposits-the money supply-is increased.
New money has been brought into existence by expansion of depository
institution credit. Such newly created funds are in addition to funds that
all financial institutions provide in their operations as Intermediaries
between savers and users of savings.
But individual depository institutions cannot expand credit and create
deposits without limit. Furthermore, most of the deposits they create are
soon transferred to other institutions. A deposit created through lending is
a debt that has to be paid on demand of the depositor, just the same as the
debt arising from a customer’s deposit of checks or currency in a bank.”
00:31:20
PUBLIC DEBT: PRIVATE ASSET
Debt as an Asset.
We all know what debt is when it is our own—we owe money to someone else. On
the other hand, it may not be so easy to understand that many of our
financial assets are someone else’s debts. For example, to a consumer a
savings account at a bank is an asset. However, to the bank it is a debt.
The bank owes us the money that is in our account. We let the bank hold the
money for us because it promises to pay us back with interest. The bank then
uses our money to make loans and to invest in other debt, including the
government’s.
Like the savings account, most of us think of the $25 savings bond we
received from grandma as a financial asset. However, it is also a debt our
government owes us.
Just as there must be a buyer for every seller in a sales transaction, for
every debt incurred someone acquires a financial asset of equal value. Debt,
then, is considered an asset of the creditor, and a claim against the assets
and earnings of the debtor.
In terms of the national debt, every dollar of the government’s debt is
someone’s asset. Corporations, brokerage houses, bond-trading firms, foreign
nationals, and U.S. citizens, both here and abroad, are all willing to loan
money to the U.S. government. They view the loan as an investment, an asset
that increases their wealth.
00:32:50
National banking corporations are agencies or instruments of the general
government, designed to aid in the administration of an important branch of
the public service, and are an appropriate constitutional means to that end.
Pollard v. State, Ala 1880, 65 Ala 628. See, also, Tarrant v. Bessemer Nat.
Bank, 1913, 61 So 47, 7 Ala App 285.
00:35:00
Note: An agent represents another person, by contract. An agency or
instrument is actually a part of the organization it represents. It got its
rights from the organization. In this case we are talking about the agency
being an extension of the government.
00:35:50
FOIA as it applies to banks (same as govt)
Asked for delegation of authority. Whether bank has delegation of authority.
Treasury Delegation Order for Fifth Third Bank: 1. Pursuant to Section 265
of Title 12, USC 90, 12 USC 266, and 12 USC 1464K, the Secretary of the
Treasury has the authority to designate financial institution to be
depositories and financial agents of the United States.
2. By signing this memorandum the depository warrants or promises that it
meets the requirements stated in 31 CFR part 202 to be designated as a
depository financial agent of the government.
00:38:30
A national bank cannot lend its credit or become the guarantor of the
obligation of another unless it owns or has an interest in the obligation
guaranteed especially where it receives no benefits therefrom. Citizens’
Nat. Bank of Cameron v. Good Roads Gravel Co., Tex.Civ.App 1921, 236 S.W.
153, dismissed w.o.j.
Note: if you lend money to the bank, the bank does have a fiduciary
interest.
A national bank has no power to guarantee the performance of a contract made
for the sole benefit of another. First Nat. Bank v. Crespi & Co.,
Tex.Civ.App. 1920, 217 S.W. 705, dismissed w.o.j.
National banks have no power to negotiate loans for others. Pollock v.
Lumbermen’s Nat. Bank of Portland, Or. 1917, 168 P. 616, 86 Or. 324.
A national bank cannot act as broker in lending its depositors’ money to
third persons. Byron v. First Nat. Bank of Rosenburg, Or. 1915, 146 P. 516,
75 Or. 296.
A national bank is not authorized to act as a broker in loaning the money of
others. Gro v. Cockrill, Ark. 1897, 39 S.W. 60, 63 Ark. 418. See, also,
Keyser v. Hitz, Dist Col 1883, 2 Mackey, 513.
Officers of national bank in handling its funds are acting in a fiduciary
capacity, and cannot make loans and furnish money contrary to law or in such
improvident manner as to imperil its funds. First Nat. Bank v. Humphreys,
Okla. 1917, 168 P. 410, 66 Okla 186
Representations made by bank president to proposed surety as to borrower’s
assets, in connection with proposed loan by bank, held binding on bank.
Young v. Goetting, C.C.A.5 (Tex.) 1926, 16 F.2d 248.
Bank if liable for its vice president’s participation in scheme to defraud
depositor by facilitating prompt withdrawal of his money. National city Bank
v. Carter, C.C.A.6 (Tenn) 1926 14 F.2d 940
A National bank receiving the proceeds of a customer’s note and mortgage with
authority to pay out the same upon the first mortgage lien of real estate is
acting in ultra virus and liable for breach of duty.
00:33:21
Who is the bank?
Who has standing?
00:42:15
National bank is not authorized under national banking laws to lend deposited
money on depositor’s behalf. Carr v. Weiser State Bank of Weiser, Idaho
1937, 66 P.2d 1116, 57 Idaho 599.
Under this section, a national bank had no authority to enter into a contract
for loaning money of a depositor kept in a deposit account through its
cashier authorized by the depositor to draw thereon to make loans. Holmes v.
Uvalde Nat. Bank., TexCiv.App. 1920, 222 S.W. 640, error refused.
A bank has no right to loan the money of other persons. Grow v. Cockrill,
Ark. 1897, 39 S.W. 60, 63 Ark. 418.
A “deposit for a specified purpose” is one in the making of which a trust
fund is constituted with respect to which a special duty as to its
application is assumed by the bank. Cooper v. National Bank of Savannah,
GA.App. 1917, 94 S.E. 611, 21 GA.App. 356, certiorari granted 38 S.Ct. 423,
246 U.S. 670, 62 L.Ed. 931, Affirmed 40 S.Ct. 58, 251 U.S. 108, 64 L.Ed. 171.
Fund, deposited in bank for special purpose subject to depositor’s check,
remains property of depositor. U.S. Shipping Board Emergency Fleet
Corporation v. Atlantic corporation, D.C. Mass. 1925, 5 F.2d 529, error
dismissed 16 F.2d 27.
‘In the case of a special deposit, the bank assumes merely the charge or
custody of property, without authority to use it, and the depositor is
entitled to receive back the identical money or thing deposited. In such
case, the right of property remains in the depositor, and if the deposit is
of money, the bank may not mingle it with its own funds. The relation
created is that of bailor and bailee, and not that of debtor and creditor.’ 3
R.C.L. 522, Tuckerman v. Mearns, App.D.C. 1919, 262 F. 607, 49 App.D.C. 153
00:43:20 Modern Money Mechanics
People would redeem their “deposit receipts” whenever they needed gold or
coins to purchase something, and physically take the gold or coins to the
seller who, in turn, would deposit them for safekeeping, often with the same
banker. Everyone soon found that it was a lot easier simply to use the
deposit receipts directly as a means of payment. These receipts, which
became known as notes, were acceptable as money since whoever held them could
go to the banker and exchange them for metallic money.
Then, bankers discovered that they could make loans merely by giving
their promises to pay, or bank notes, to borrowers. In this way, banks began
to create money. More notes could be issued than the gold and coin on hand
because only a portion of the notes outstanding would be presented for
payment at any one time. Enough metallic money had to be kept on hand, of
course, to redeem whatever volume of notes was presented for payment.
Transaction deposits are the modern counterpart of bank notes. It was
a small step from printing notes to making book entries crediting deposits of
borrowers which the borrowers in turn could spend by writing checks, thereby
printing their own money.
00:47:00
Concerning mortgages
USCA
Footnote 10, Promissory notes are only evidences of debt, and not debts
themselves. Wheeler v. Sohmer, comptroller of the State of New York
Question: Where’s the debt?
The publications want you to believe that the note is payment. And they are
enforcing them in court by calling them obligations.
An obligation for one is an asset for another. The banks are calling notes
obligations aka assets. Because a promissory note cannot be a debt, it also
cannot be an asset. “The notes are but the evidence of debt.”...“The debt
due, of which the notes are evidence, is property vested in the owner.
Except, perhaps, where he has conferred authority upon someone else as his
agent to loan, manage, receive, and collect the same for him, in such case it
might be reasonably held that the situs of the property was the domicile of
the agent.” Wheeler v. Sohmer, comptroller of the State of New York.
In other words, the situs is the legal bond between you and the bank.
We now know that notes are not debt. It can’t be a debt, it can’t be an
asset. We know that they can’t use the depositor’s money. So, where does
this money come from that they claim we owe them, and how did bank say they
have the right to say we have an obligation?
FRB definition: Money: Anything that serves as a generally accepted medium
of exchange, a standard of value, and a means of saving and storing
purchasing power.
00:50:00
MORTGAGE
USCA
12 USC 3754 Authority to foreclose on mortgages.
00:50:44
59 Corpus Juris Secundum, MORTGAGES 2, Definitions
“The literal meaning of the word ‘mortgage’ is ‘dead pledge’. A mortuum
vadium. The term mortgage may be employed as meaning the debt secured by the
mortgage, but in its true sense an ordinary mortgage is not a debt as the
debt is the principle obligation, and the mortgage is generally regarded as
merely an incident or accessory to the debt.
A mortgage is an interest in land created by a written instrument providing
security for the performance of a duty or payment of debt, and is usually
evidenced by a note.”
A mortgage does not define where a debt truly is. It is an accessory to a
debt, not the debt itself.
Supporting cases which worked because brought in were the statute and
confirming court case:
Caddy vs. Cortite, New York
Tusty vs. Collins
Baker vs. Citizen State Bank of Louis Park
U.S. vs. Stanley
00:55:34
Intent of Congress re Banks and Banking
13 Stat 99, aka 62 Stat
Cornell Law, on the right in the note section, then go into the source, and
it will tell you the statute.
In 12 USC, there are 33 references to 62 revised statutes which is 13 Stat 99
[13th Congress, page 99]. Consists of 20 pages of Banks & Banking which are
expanded into 4 volumes with hundreds/thousands of sections in 12 USC.
“13 Stat. 102 (1864), Sec. 9. And be it further amended, That the affairs of
every association shall be managed by not less than five directors, one of
whom shall be the president. Every director shall, during his whole term of
service, be a citizen of the United States; and at least three fourths of the
directors shall have resided in the state, territory, or district in which
each association is located one year next preceding their election as
directors, and be residents of the same during their continuance in office.
Each director shall own, in his own right, at least ten shares of the capital
stock of the association of which he is a director. Each director, when
appointed or elected, shall take an oath that he will, so far as the duty
devolves on him, diligently and honestly administer the affairs of such
association, and will not knowingly violate, or willingly permit to be
violated, any of the provisions of this act, and that he is the bona fide
owner, in his own right, of the number of shares of stock required by this
act, subscribed by him, or standing in his name on the books of the
association, and that the name is not hypothecated, or in any way pledged, as
security for any loan or debt; which oath, subscribed by himself, and
certified by the officer before whom it is taken, shall be immediately
transmitted to the comptroller of the currency, and by him filed and
preserved in his office.”
01:00:05
12 USC has about 64 sections which are positive law, and the rest are
assumptions, beliefs, and opinions of the Law Revision Council.
01:02:00
[updated 05-04-2009]
Sec. 83. Loans by bank on its own stock
(a) General prohibition
No national bank shall make any loan or discount on the security of
the shares of its own capital stock.
(b) Exclusion
For purposes of this section, a national bank shall not be deemed to
be making a loan or discount on the security of the shares of its own
capital stock if it acquires the stock to prevent loss upon a debt
previously contracted for in good faith.
Capital stock is the money the directors put into the “pool” which thus
creates the stock of the company. That money cannot be pulled out or touched
because the stock would then deflate instantly. They cannot loan it out, or
pledge it because it has already been pledged here as capital stock.
01:03:19
13 Stat. 35. And be it further enacted, ‘That no association shall make any
loan or discount on the security of the shares of its own capital stock, nor
be the purchaser or holder of any such shares, unless such security or
purchase shall be necessary to prevent loss upon a debt previously contracted
in good faith; and stock so purchased or acquired shall, within six months
from the time of its purchase, be sold or disposed of at public or private
sale, in default of which a receiver may be appointed to close up the
business of the association, according to the provisions of this act.
[The above underlined wording is left out of the code. Perhaps also
the next section 36.]
Sec. 36. And be it further enacted, That no association shall at any
time be indebted, or in any way liable, to an amount exceeding the amount of
its capital stock at such time actually paid in and remaining undiminished by
losses or otherwise, except on the following accounts, that is to say:--
First. On account of its notes of circulation.
Second. On account of moneys deposited with, or collected by, such
association.
Third. On account of bills of exchange or drafts drawn against money
actually on deposit to the credit of such association, or due thereto.
Fourth. On account of liabilities to its stockholders for dividends
and reserved profits.
Sec. 37. And be it further amended, That no association shall, either
directly or indirectly, pledge or hypothecate any of its note of circulation,
for the purpose of procuring money to be paid in on its capital stock, or to
be used in its banking operations, or otherwise; nor shall any association
use its circulating notes, or any part thereof, in any manner or form, to
create or increase its capital stock.
Sec. 38. And be it further enacted, That no association, or any member
thereof, shall, during the time it shall continue its banking operations,
withdraw, or permit to be withdrawn, either in form of dividends or
otherwise, any portion of its capital. And if losses shall at any time have
been sustained by any such association equal to or exceeding its undivided
profits then on hand, no dividend shall be made; and no dividend shall ever
be made by any association, while it shall continue its banking operations,
to an amount greater than its net profits then on hand, deducting therefrom
its losses and bad debts. And all debts due to any...
The bank cannot use its own capital stock, depositors’ money, and cannot lend
credit. When an account is opened, there is no negotiation in which the bank
says it is going to lend the depositors money. That violates the requirement
that each contracting party must be fully informed of what’s going on
relating to the contract. That lack of knowledge makes the contract void
(not voidable). A void contract means it never existed. A voidable contract
is one that exists but is not valid due to bad faith, breach of contract,
etc.
01:06:33
Re Sec. 37: The bank may not pledge or hypothecate any of its notes for any
reason whatsoever, because of the word “otherwise”.
01:07:00
Since the bank cannot use its notes, that brings up the question, “Whose
issued the note?” The bank could not have issued it because, if it did, that
would violate the federal law.
The note only has one place for a signature. There is no place for the bank
to sign. The signature is that of the “borrower”. That note belongs to you.
But, it cannot be a debt according to the case law. And, if it is not a
debt, according to the FRB publications, then it cannot be an asset. In
other words, the note is an accessory to the debt, not the debt. In law, the
mortgage is also just an accessory to the debt; it is neither debt nor asset.
01:09:00
The original note: without it being brought forth in an action, the alleged
“holder” of the note has no rights, for 2 reasons:
1. The original note is used to prove the note was duly negotiated.
Duly negotiated = a transfer, sale, exchange, or delivery;
according to the Securities and Exchange Act.
When you sign the note and give it to the bank, it has been transferred,
regardless of any other factors.
2. To assure, if I’m accused by a bank under the note, if a judge
honors in favor of the bank, the original note may resurface later and I
might could be charged twice for the same thing.
01:11:20
Supporting cases:
A promise to pay cannot, by argument, however ingenious, be made the
equivalent of actual payment. Christensen v. Beebe, 91 P.129, 32 Utah 406
McCay v. CAPITAL RESOURCES COPANY, LTD. 96-200 S.W.2D 1997
Where appellee apparently never possessed appellants’ original note as
provided in Ark. Code Ann. [] 4-3-309(a)(i) (Repl. 1991), but was required,
even if it had, to have proven all three factors specified in []4-3-309(a)
and did not do so, appellee could not enforce the original note’s terms by
the use of a copy, even if all three requirements in []4-3-309(a) had been
proven, the trial court was still obligated to ensure that appellee provided
adequate protection to the appellants from any future claim, and this, too,
was not done. First as previously discussed, we mention the unfairness in
these circumstances that, if a duplicate was allowed in place of the original
note, the McKays could later be subjected to double liability if the actual
holder of the note appeared. Next, we add that the Rules of Evidence are
rules of the court involving legal proceedings, while the UCC is composed of
statues of law that established the rights and liabilities of persons.
Again, as previously discussed, Capital Resources, as an assignee of the
McKays’ note, could nt sue on the underlying debt the McKays owed to Landmark
Savings. For Capital Resources to have prevailed in enforcing the McKays’
note, it was required either to produce the original or satisfy the
requirements for a lsot negotiable instrument under []4-3-309(a) and (b).
Because Capital failed to do either, we must reverse and remand.
Mortgage Securities Inc. v. Hartley LORD, Ne. 4D02-4051. July 23, 2003.
Mortgagee by assignment brought foreclosure action. The Circuit Court, 15th
Judicial Circuit, Palm Beach County, Edward Fine and John Wessel, II.,
entered summary judgment for mortgager. Mortgagee appealed. The District
Court of Appeal, Stone, J., held that mortgagee could not maintain cause of
action to enforce missing promissory note or foreclose mortgage, in absence
of proof that mortgagee or assignor ever had possession of note.
Note: burden of proof lies on the appellant. Otherwise, debtor must prove
that the bank never had it, and the bank must prove that it did have it. [In
other words, the burden of prove is on the initiating party.]
01:13:48
LORRAINE C. TILLMAN v. VIRGINIA SAVAGE SMITH (07/25/85)
The purpose of the section is well expressed by commentator Carl W. Ehrhardt
as follows: [21] The drafters of the Code excluded from the general rule of
admissibility of duplicates these documents because the possessor of the
documents is the owner of the oblgation that they represent and the party who
may bring a cause of action based on the document. Therefore, the person who
possesses the duplicate may not possess the cause of action. For example, if
A makes a Xerox copy of a promissory note and subsequently negotiates the
original to B, under section 90.953(1), A, the transferor, is not able to sue
on the Xerox copy of the promissory note. [22] Ehrhardt, Florida Evidence §
953.1 (2d ed. 1984). See also Lowery v. State, 402 So.2d 1287 (Fla.5th DCA
1981). To fall under section 90.953(1), the agreement would have not only to
evidence a right to the payment of money, but be “of a type that is
transferred by delivery in the ordinary course of business with any necessary
endorsement or assignment* (emphasis added).
Mason v. Rubin, 727 So.2d 283, 37 UCC Rep.Serv.2d 1087 (Fla.App. Dist. 4
02/10/1999) Establishing a lost negotiable instrument is governed by a
different statute, section 673.3091, Florida Statutes (1993). The latter
statute contains more stringent requirements than the former, and the trial
court correctly concluded that the husband did not satisfy section 673.3091.
01:15:05
FIGUEREDO v. BANK ESPIRITO SANTO No. 88-1808 Jan. 31, 1989, FL Third
District.
The plaintiff failed to produce for admission into evidence the original copy
of a negotiable promissory instrument as is expressly required by section
90.953(1), Florida Statutes (1987). For this reason, the final judgment of
foreclosure is vacated with directions for the trial court to receive the
original promissory note in evidence.
01:15:30
SMS Financial LLC v. Abco Homes, Inc. No. 98-50117 February 18, 1999 (167
F.3d. 235; 5th Circuit Court of appeals.)
Where the complaining party can not prove the existence of the note, then
there is no note. To recover on a promissory note, the plaintiff must prove:
(1) the existence of the note in question; (2) that the party sued signed the
note; (3) that the plaintiff is the owner or holder of the note; and (4) that
a certain balance is due and owing on the note. Since no one is able to
produce the “instrument” there is no copetent evidence before the Court that
any party is the holder of the alleged note or the true holder in due course.
New Jersey common law dictates that the plaintiff prove the existence of the
alleged note in question, prove that the party sued signed the alleged note,
prove that the plaintiff is the owner and holder of the alleged note, and
prove that certain balance is due and owing on any alleged note. Federal
Circuit Courts have ruled that the only way to prove the perfection of any
security is by actual possession of the security. See Matter of Staff Mortg.
& Inv. Corp., 550 F.2d 1228 (9th Cir. 1977), “Under the Uniform Commercial
Code, the only notice sufficient to inform all interested parties that a
security interest in instruments has been perfected is actual possession by
the secured party, his agent or bailee.” Bankruptcy Courts have followed the
Uniform Commercial Code. In Re Investors & Lenders, Ltd. 165 B.R. 389
(Bkrtcy I) N.J. 1994). Unequivocally the Court’s rule is that in order to
prove the “instrument”, possession is mandatory. In addition to the note,
another element of proof is necessary—an accounting that is signed and dated
by the person responsible for the account. Claim of damages, to be
admissible as evidence. Must incorporate records such as a general ledger and
accounting of an alleged unpaid promissory note, the person responsible for
preparing and maintaining the account general ledger must provide a complete
accounting which must be sworn to and dated by the person who maintained the
ledger. See Pacific Concrete F.C.U.V. Kauanoe, 62 Haw. 334, 614 P.2d 936
(1980), GE Capital Hawaii, Inc. v. Yonenaka, 25 P.3d 807, 96 Hawaii 32,
(Hawaii App 2001), Fooks v. Norwich Housing Authority 28 Conn. I. Rptr.
01:15:43
See § 90.953, West’s Fla. Stat. Annot. (1979)(Sponsor’s Note); C. Ehrhardt,
Florida Evidence §953.1, at 605 & n5; Lowery v. State, 402 So.2d 1287, 1288-
89 (Fla. 5th DCA 1981).
90.953(1). Florida Statutes, is misplaced. The purpose of that subsection is
to require production of the original where there is an action on a
negotiable instrument. In such instances, the original instrument must be
brought forward both to demonstrate the right to payment and to preclude the
possibility that the instrument has already been negotiated.
[11] State Street sought to establish the pronmissory note and mortgage
under section 71.011, Florida Statutes. State Street alleged that Hartley
executed the note and mortgage and that, after multiple assignments, the
documents were assigned to State Street by EMC Mortgage Corporation.
Although State Street alleged in its pleading that the original documents
were received by it, the record established that State Street never had
possession of the original note and, further, that its assignor, EMC, never
had possession of the note and, thus, was not able to transfer the original
note to State Street.
[12] The trial court correctly concluded that as State Street never had
actual or constructive possession of the promissory note, State Street could
not, as a matter of law, maintain a cause of action to enforce the note or
foreclose the mortgage. The right to enforce the lost instrument was not
properly assigned where neither State Street nor its predecessor in interest
possessed the note and did not otherwise satisfy the requirements of section
673.3091, Florida Statutes, at the time of the assignement. See Slizyk v.
Smilack, 825 So. 2d 428, 430 (Fla. 4th DCA 2002).
In Mason v. Rubin, 727 So. 2d 283 (Fla. 4th DCA 1999), the appellant brought a
foreclosure action on a second mortgage, the trial court denied the
foreclosure, and this court affirmed on the basis that the appellant had
failed to establish the lost note under section 673.3091. Likewise, here,
where State Street failed to comply with section 673.3091, the trial court
correctly entered summary judgment denying its foreclosure claim. *fn1
In contrast, here, the undisputed evidence was that EMC, the assignor, never
had possession of the notes and, thus, could not enforce the note under
section 673.3091 governing lost notes. Because EMC cold not enforce the lost
note under section 673.3091, it had no power of enforcement which it could
assign to State Street.
RAYMOND E. SHORES AND MARCENE G. SHORES v. FIRST FLORIDA RESOURCE CORPORATION
(10/11/72)
Appellants are entitled to assurance that they will not later be sued by a
holder of these instruments....If there are parties having any claim to these
instruments they should be brought into the action and the matter determined.
The instruments should then be reestablished, recorded and an appropriate
judgment entered.
http://www.judicial_state.ia.us/appeals/opinions/20040909/02-1889.asp
No. 4-561 02.1889 Filed September 9, 2004 CHASE MANHATTEN MORTGAGE
CORPORATION vs LYNN B. GOODRICH and LEANA M GOODRICH
Several of the separate contentions articulated by the Goodriches posit that
the summary judgment record was insufficient to support the summary judgment
and decree of foreclosure. Central to these contentions is the mistaken
notion that a judgment of foreclosure could not be entered because Chase
failed to produce the original of the promissory note. Iowa Rule of Civil
Procedure 1.961 contemplates that judgment on a note may be entered without
production of the original note if the court so orders. The district court
did by order authorize the foreclosure despite Chase’s failure to produce the
original note. Thus, we conclude the summary judgment record was not
insufficient to support the judgment of foreclosure despite Chase’s failure
to produce the original of the note. Our resolution of this issue is
strongly influenced by the fact that the Goodriches make no contention that
either Chase’s Lost Note Affidavit or the foreclosure decree misstated any
term of the promissory note.
247 U.S. 142; 38 S. Ct. 452; 62 L. Ed. 1038 MARIN v. AUGEDAHL No. 227
In Thompson v. Whitman, 18 Wall. 457, a decision obviously “rendered on
great...
01:16:08
See these cases mention above
RAYMOND E. SHORES AND MARCENE G. SHORES v. FIRST FLORIDA RESOURCE CORPORATION
(10/11/72)
No. 4-561 02.1889 Filed September 9, 2004 CHASE MANHATTEN MORTGAGE
CORPORATION vs LYNN B. GOODRICH and LEANA M GOODRICH
A loan has to be that which is given by one in exchange for another.
In other words, somebody loans you something and you owe some kind of
obligation. It’s actually some kind of expression of promises going two ways
(trading places).
What the typical claims are: they lent the
depositor’s money, or the
bank’s capital, or the
bank’s notes.
00:02:12
Federal Reserve Board of Governors
Book
Purposes & Functions,
page 141
Definition of reserves:
A depository institution’s bulk cash up to the level of its required reserves
+ balances in its reserve account not including funds applied to required
clearing balance
Required reserves
Funds that a depository institution is required to maintain as vault cash
or on deposit with the Federal Reserve Bank
Required Reserve Balance = portion of its required reserves that the
depository institution must hold in an account at a Federal Reserve Bank
The above requirement implies that the bank is acting as an agent of the
Federal Reserve Bank.
Excess reserves is the amount of reserves held by an institution in excess of
its reserve requirement and required clearing balance.
Reserves can be
Deposits at the bank
Deposits at the Federal Reserve Bank (FRB)
00:06:00
If the bank is an agent for the FRB which is an agent for the government
If you sign the note, then the bank is eliminated as a contractor
Who has the delegation of authority to make money.
Constitution says Congress only has the authority to set the value of money,
not create money.
When the Congress writes the statutes they create a fiduciary duty on the
Congress.
If Congress must get the authority from the People, then the FRB must get
the authorization from the people.
But, the bank can’t use its depositors money, or its customers’ deposits or
its notes.
Your signature on the note is your authorization for them to create money,
and to be your fiduciary while doing so, and keeping that deposit with the
FRB so that it does not show on the books.
The FRB does not make money out of thin air. It uses your signature for its
authority to create money based on the note.
00:09:20
You lent yourself the money.
The bank takes your money, claims title to it, then lends it back to you.
You are sitting across the table with the bank. They cannot lend
their customers’ deposits,
their capital, nor
their notes.
The only remaining evidence is your note with only your authorizing signature
from which the bank creates the money.
If the bank lends their customers’ deposits or their capital or their notes,
then it is committing a crime.
If the bank does not disclose that, then it is committing a fraud. Failure
to disclose makes it a contract issue.
Book: Corbin on Contracts
Validity is a variable signification
An oral contract (within the statute of frauds) is unenforceable under
certain circumstances (e.g. anything to do with real estate), but can be a
valid contract.
Regarding a voidable contract there is the power to void and the power
ratify.
A void contract is one that in the law never really existed.
“Nothing can be more material to the obligation than the means of
enforcement. Without the remedy the contract may indeed, in the sense of
law, be said to not exist and its obligation to fall within the class of
those moral and social duties which depend for their performance wholly upon
the will of the individual. The ideas of validity and remedy are
inseparable, and both are parts of the obligation, which is a guaranteed by
the Constitution against invasion. The obligation of a contract is the law
which binds the parties to perform their agreement.” RED CROSS LINE vs
ATLANTIC FRUIT COMPANY, 264 U.S. 109, 68 L. Ed. 582, 44 S. Ct. 274 February
18, 1924 Decided
While, in order to have an obligation, according to this court case, there
has to be a valid remedy.”
What’s the valid remedy for getting your money back from the bank that they
stole from you and told you was their money in a loan form?
“It is essential to the creation of a contract that there be a mutual or
reciprocal assent.” Sanford v. Abrams (1888) 24 Fla. 181, 2 So. 373, Ross v.
Savage (1913) 66 Fla. 106, 63 So. 148, McCay v. Sever (1929) 98 Fla 710, 124
So. 44; United State Rubber Products, Inc. v. Clark (1941) 145 Fla 631, 200
So. 385, Mann v. Thompson (1958, Fla App D1) 100 So. 2d 634
In other words, both parties have to agree to it.
“yes, I did sign the contract, but...”
Typically the mortgage companies will rush the signatures. They do not give
you time to read the papers. That is not full disclosure.
The vast majority of people go to the bank and believe they borrowed the
bank’s capital and now have to pay it back. That is not what happened, and
that, in law, is gross misrepresentation, which is a void contract (not a
voidable contract). It never existed because it is not a mutual agreement.
00:15:00
“That, the assent be to a certain and definite proposition.” Fincher v.
Belk-Sawyer Co. (1961, Fla App D3) 127 So 2d 130; Goff v. Indian Lake
Estates, Inv. (1965, Fla App D2), 178 So 2d 910, Hewitt v. Price (1969, Fla
App D3) 222 So. 2d 247
Without a meeting of the minds of the parties on an essential element, there
can be no enforceable contract. Hettenbaugh v. Keyes-Oron-Fincher Ins., Inc.
(1962, Fla App D3) 147 So 2d 328, Goff v. Indian Lake Estates, Inc. (1965,
Fla App D2) 178 So 2d 910
In order to form a contract, the parties must have a distinct understanding,
common to both, and without doubt or difference. Unless all understand
alike, there can be no assent, and therefore no contract. Webster Lumber Co.
v. Lincoln (1927) 94 Fla 1097, 115 So 498, Minsky’s Follies of Florida, Inc.
v. Sennes (1953 206 F2d 1; O’neill v. Corporate Trustees, Inc. (1967) 376 F2d
818
Until the terms of the agreement have received the assent of both parties,
the negotiation is open and imposes no obligation on either. Goff v. Indian
Lake Estates, Inc. (1965 Fla App D2) 178 So 2d 910; Carr v Duval (1840) 39 US
77, 10 L Ed 361
00:15:30
“Without a meeting of the minds of the parties on an essential element, there
can be no enforceable contract.” (cited above)
Elements:
What is it?
What does it do?
How does it perform?
What’s going to happen later?
Can it be used later?
Was it fully disclosed?
There has to be a meeting of the minds. There must be a full disclosure so
that the minds do meet.
00:16:22
“In order to form a contract, the parties must have a distinct understanding,
common to both, and without doubt or difference. Unless all understand
alike, there can be no assent, and therefore no contract.” (cited above)
Without a doubt, all you did was loan me your capital, and now I’m paying you
back. Right?
.
Yes.
.
If that is true, then why is the bank demanding the original and letting the
borrower keep the original copy? What if the borrower kept the original and
gave the bank a certified true copy?
.
[The bank cannot use the copy for further transactions, e.g. fractional
reserve banking.]
00:17:34
The assent of each party must be freely given; a contract entered into as a
result of the exercise of duress or undue influence by the other party, or
procured by the fraud of one of the parties, lacks the essential element of
real assent and may be avoided by the injured party. Wall v. Bureau of
Lathing and Plastering (1960, Fla App D3) 117 So. 2d 767
An actual assent by the parties upon exactly the same matters is
indispensable to the formation of a contract. Bullock v. Hardwick (1947) 158
Fla 834, 30 So 2d 539; Hettenbaugh v. Keyes-Ogon-Fincher Ins, Inc. (1962, Fla
App D3) 147 So 2d 328; General Finance Corp. v Stratton (1963 Fla App D1) 156
So 2d 664
00:18:43
Need to clearly understand who are the parties: Who am I, and who is the
bank?
00:19:00
Black’s Law Dictionary, Fourth Edition
What is a Bank?
A bench or seal, the bench of the justice, the bench of the tribunal occupied
by the judges, the seal of the judgment, a court.
Main Entry. Bank
Function. Noun
Etymology: Middle English, from Middle French or Old Italian, Middle French
banque, from Old Italian banca, literally bench, of Germanic origin; akin to
Old English Benc Date: 15th century
1a. an establishment for the custody, loan, exchange, or issue of money, for
the extension of credit, and for facilitating the transmission of funds
1b. obsolete: the table, counter, or place of business of a money changer
2. a person conducting a gambling house or game, specifically, DEALER
3. a supply of something held in reserve, as
3a. the fund of supplies (as money, chips, or pieces) held by the banker or
dealer for use in a game
3b. a fund of pieces belonging to a game (as dominoes) from which the
players draw
4. a place where something is held available <memory bank>; especially a
depot for the collection and storage of a biological product of human origin
for medical use <blood bank>.
00:20:00
12 USC 1841 – Definitions (updated 05-04-2009)
(c) Bank Defined.--For purposes of this chapter--
(1) In general.--Except as provided in paragraph (2), the term
``bank'' means any of the following:
(A) An insured bank as defined in section 3(h) of the
Federal Deposit Insurance Act [12 U.S.C. 1813(h)].
(B) An institution organized under the laws of the United
States, any State of the United States, the District of
Columbia, any territory of the United States, Puerto Rico, Guam,
American Samoa, or the Virgin Islands which both--
(i) accepts demand deposits or deposits that the
depositor may withdraw by check or similar means for payment
to third parties or others; and
(ii) is engaged in the business of making commercial
loans.
00:21:04
12 USC 1813, chapter 17
Definitions
As used in this chapter--
(a) Definitions of Bank and Related Terms.--
(1) Bank.--The term ``bank''--
(A) means any national bank and State bank, and any Federal
branch and insured branch;
(B) includes any former savings association.
00:22:00
publication
Federal Reserve Board of Governors
Federal Reserve Board; Purpose and Functions
It makes no difference whether a bank is a member or non-member of the FRB.
Banks covered:
Commercial
Agricultural
Bank Holding Company
Industrial Bank
Neighborhood Bank
Community Bank
Drive-In Bank
00:23:00
RESEARCH OVERVIEW
Check and coordinate the following resources to make certain they are all in
agreement with what you are thinking:
Statutes
Intent of Congress
USC, USCA, USCS
UCC
CFR
Court Cases
Once that is accomplished, then check to see if it passes the “smell test”.
In other words, together, does it all make sense?
00:23:50
[Could not find CFR 6000 nor title in current CFR]
CFR 6000 FDIC BANK HOLDING COMPANY ACT
c) BANK DEFINED.—For PURPOSES OF THIS Act-
1. IN GENERAL- Except as provided in paragraph (2), the term “bank”
means any of the following:
(A) An insured bank as defined in section 3*h) of the Federal Deposit
Insurance Act.
(B) An insured organization under the laws of the United states, any State
of the United States, the district of Columbia, any territory of the United
States, Puerto Rico, Guam, American Samoa, or the virgin Islands which both-
(i) Accepts demand deposits or deposits that the depositor may withdraw by
check or similar means for payment to third parties or others; and
(ii) Is engaged in the business of making commercial loans.
00:24:18
Code of Federal Regulations (CFR) are created from Statutes for the Executive
Branch.
00:25:00
12 CFR 25.12 BANKS AND BANKING, Sec. 25.12 Definitions
(e) Bank means a national bank (including a federal branch as defined in part
28 of this chapter) with Federally insured deposits, except as provided in
Sec. 25.11©
12 CFR Sec. 25.11
(c) Scope:--(1)General This part applies to all banks except as provided in
paragraphs (c)(2) and (c)(3) of this section.
(c)(2) Federal branches and agencies (i) This part applies to all insured
Federal branches and to any Federal branch that is uninsured that results
from an acquisition described in section 5(a)(8) of the International Banking
Act of 1978 (12 U.S.C. 3103(a)(8)).
(c)(3)(3) Certain special purpose banks. This part does not apply to special
purpose banks that do not perform commercial or retail banking services by
granting credit to the public in the ordinary course of business, other than
as incident to their specialized operations. These banks include banker’s
banks, as defined in 12 U.S.C. 24 (Seventh), and banks that engage only in
one or more of the following activities: providing cash management
controlled disbursement services or serving as correspondent banks, trust
companies, or clearing agents.
00:26:35
If you can get the banks to answer, they will say the did not use their
capital, but extended only credit to the buyer.
What’s an extension of credit? It’s a loan, but, of what? They won’t answer
that question. And if they don’t answer the question, then it follows that
they didn’t lend anything.
00:27:25

12 USC Sec. 222. Federal reserve districts; membership of national
banks
The continental United States, excluding Alaska, shall be divided
into not less than eight nor more than twelve districts. Such districts
may be readjusted and new districts may from time to time be created by
the Board of Governors of the Federal Reserve System, not to exceed
twelve in all: Provided, That the districts shall be apportioned with
due regard to the convenience and customary course of business and shall
not necessarily be coterminous with any State or States. Such districts
shall be known as Federal Reserve districts and may be designated by
number. When the State of Alaska or Hawaii is hereafter admitted to the
Union the Federal Reserve districts shall be readjusted by the Board of
Governors of the Federal Reserve System in such manner as to include
such State. Every national bank in any State shall, upon commencing
business or within ninety days after admission into the Union of the
State in which it is located, become a member bank of the Federal
Reserve System by subscribing and paying for stock in the Federal
Reserve bank of its district in accordance with the provisions of this
chapter and shall thereupon be an insured bank under the Federal Deposit
Insurance Act [12 U.S.C. 1811 et seq.], and failure to do so shall
subject such bank to the penalty provided by section 501a of this title.

12 USC Sec. 501a. Forfeiture of franchise of national banks for failure
to comply with provisions of this chapter
Should any national banking association in the United States now
organized fail within one year after December 23, 1913, to become a
member bank or fail to comply with any of the provisions of this chapter
applicable thereto, all of the rights, privileges, and franchises of
such association granted to it under the National Bank Act [12 U.S.C. 21
et seq.], or under the provisions of this chapter, shall be thereby
forfeited. Any noncompliance with or violation of this chapter shall,
however, be determined and adjudged by any court of the United States of
competent jurisdiction in a suit brought for that purpose in the
district or territory in which such bank is located, under direction of
the Board of Governors of the Federal Reserve System by the Comptroller
of the Currency in his own name before the association shall be declared
dissolved. In cases of such noncompliance or violation, other than the
failure to become a member bank under the provisions of this chapter,
every director who participated in or assented to the same shall be held
liable in his personal or individual capacity for all damages which said
bank, its shareholders, or any other person shall have sustained in
consequence of such violation.
Such dissolution shall not take away or impair any remedy against
such corporation, its stockholders, or officers, for any liability or
penalty which shall have been previously incurred.
00:29:40
[update 05-04-2009]
12 USC Sec. 21. Formation of national banking associations;
incorporators; articles of association
Associations for carrying on the business of banking under title 62
of the Revised Statutes 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 terms the object for which
the association is formed, and may contain any other provisions, not
inconsistent with law, which the association may see fit to adopt for
the regulation of its business and the conduct of its affairs. These
articles shall be signed by the persons uniting to form the association,
and a copy of them shall be forwarded to the Comptroller of the
Currency, to be filed and preserved in his office.
You can contact the Comptroller of the Currency and get a copy of the
articles of association, and see whether they are actually proceeding
according to law.
00:31:57
33 results when searching references by 12 USC to Title 62 Statutes.
http://www4.law.cornell.edu/uscode/search/index.html


Quote 0 0
This has all been updated as of 2009 but you can go back and update to date if you'd like.

Your query "62 stat" returned 95 results.
US CODE: TITLE 12,591 TO 599. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 5 - CRIMES AND
OFFENSES/SUBCHAPTER II - FEDERAL RESERVE AND MEMBER BANKS,
OFFICERS, EMPLOYEES, AND EXAMINERS
US CODE: TITLE 12,1713. RENTAL HOUSING INSURANCE
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER II - MORTGAGE INSURANCE
US CODE: TITLE 12,583 TO 588D. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 5 - CRIMES AND
OFFENSES/SUBCHAPTER I - IN GENERAL
US CODE: TITLE 12,1724 TO 1730D. REPEALED. PUB. L. 101 73, TITLE IV, 407, AUG.
9, 1989, 103 STAT. 363
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER IV - INSURANCE OF SAVINGS AND LOAN ACCOUNTS
US CODE: TITLE 12,1717. FEDERAL NATIONAL MORTGAGE ASSOCIATION AND
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS
US CODE: TITLE 12,1121 TO 1128. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 7 - FARM CREDIT
ADMINISTRATION/SUBCHAPTER III - FEDERAL INTERMEDIATE CREDIT
BANKS/Penalty Provisions
US CODE: TITLE 12,981 TO 987. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 7 - FARM CREDIT
ADMINISTRATION/SUBCHAPTER I - FEDERAL LAND BANKS, JOINT-STOCK
LAND BANKS, AND FEDERAL LAND BANK ASSOCIATIONS/Penalties
US CODE: TITLE 12,1311 TO 1318. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 9 - NATIONAL AGRICULTURAL
CREDIT CORPORATIONS/Penalty Provisions
US CODE: TITLE 12,1703. INSURANCE OF FINANCIAL INSTITUTIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER I - HOUSING RENOVATION AND MODERNIZATION
US CODE: TITLE 12,1811. FEDERAL DEPOSIT INSURANCE CORPORATION
TITLE 12 - BANKS AND BANKING/CHAPTER 16 - FEDERAL DEPOSIT INSURANCE
CORPORATION
US CODE: TITLE 12,371. REAL ESTATE LOANS
TITLE 12 - BANKS AND BANKING/CHAPTER 3 - FEDERAL RESERVE
SYSTEM/SUBCHAPTER X - POWERS AND DUTIES OF MEMBER BANKS
US CODE: TITLE 12,1709. INSURANCE OF MORTGAGES
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER II - MORTGAGE INSURANCE
US CODE: TITLE 12,1464. FEDERAL SAVINGS ASSOCIATIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 12 - SAVINGS ASSOCIATIONS
US CODE: TITLE 12,1731. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER V - MISCELLANEOUS
US CODE: TITLE 12,1138D. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862,
EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 7 - FARM CREDIT
ADMINISTRATION/SUBCHAPTER VI - PROVISIONS COMMON TO PRODUCTION
CREDIT ASSOCIATIONS, AND REGIONAL AND CENTRAL BANKS FOR
COOPERATIVES
US CODE: TITLE 12,1245. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 9 - NATIONAL AGRICULTURAL
CREDIT CORPORATIONS/Miscellaneous Administrative Provisions
US CODE: TITLE 12,94A. REPEALED. JUNE 25, 1948, CH. 646, 39, 62 STAT. 992, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 2 - NATIONAL BANKS/SUBCHAPTER
IV - REGULATION OF THE BANKING BUSINESS; POWERS AND DUTIES OF
NATIONAL BANKS
US CODE: TITLE 12,1248. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 9 - NATIONAL AGRICULTURAL
CREDIT CORPORATIONS/Miscellaneous Administrative Provisions
US CODE: TITLE 12,1721. MANAGEMENT AND LIQUIDATION FUNCTIONS OF
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS
US CODE: TITLE 12,581. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 5 - CRIMES AND
OFFENSES/SUBCHAPTER I - IN GENERAL
US CODE: TITLE 12,1715N. MISCELLANEOUS MORTGAGE INSURANCE
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER II - MORTGAGE INSURANCE
US CODE: TITLE 12,1701. SHORT TITLE
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL HOUSING
US CODE: TITLE 12,1716. DECLARATION OF PURPOSES OF SUBCHAPTER
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS
US CODE: TITLE 12,1731. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER V - MISCELLANEOUS
US CODE: TITLE 12,591 TO 599. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 5 - CRIMES AND
OFFENSES/SUBCHAPTER II - FEDERAL RESERVE AND MEMBER BANKS,
OFFICERS, EMPLOYEES, AND EXAMINERS
US CODE: TITLE 12,1121 TO 1128. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 7 - FARM CREDIT
ADMINISTRATION/SUBCHAPTER III - FEDERAL INTERMEDIATE CREDIT
BANKS/Penalty Provisions
US CODE: TITLE 12,1245. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 9 - NATIONAL AGRICULTURAL
CREDIT CORPORATIONS/Miscellaneous Administrative Provisions
US CODE: TITLE 12,583 TO 588D. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 5 - CRIMES AND
OFFENSES/SUBCHAPTER I - IN GENERAL
US CODE: TITLE 12,1311 TO 1318. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 9 - NATIONAL AGRICULTURAL
CREDIT CORPORATIONS/Penalty Provisions
US CODE: TITLE 12,1248. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 9 - NATIONAL AGRICULTURAL
CREDIT CORPORATIONS/Miscellaneous Administrative Provisions
US CODE: TITLE 12,1138D. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862,
EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 7 - FARM CREDIT
ADMINISTRATION/SUBCHAPTER VI - PROVISIONS COMMON TO PRODUCTION
CREDIT ASSOCIATIONS, AND REGIONAL AND CENTRAL BANKS FOR
COOPERATIVES
US CODE: TITLE 12,981 TO 987. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT.
862, EFF. SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 7 - FARM CREDIT
ADMINISTRATION/SUBCHAPTER I - FEDERAL LAND BANKS, JOINT-STOCK
LAND BANKS, AND FEDERAL LAND BANK ASSOCIATIONS/Penalties
US CODE: TITLE 12,94A. REPEALED. JUNE 25, 1948, CH. 646, 39, 62 STAT. 992, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 2 - NATIONAL BANKS/SUBCHAPTER
IV - REGULATION OF THE BANKING BUSINESS; POWERS AND DUTIES OF
NATIONAL BANKS
US CODE: TITLE 12,581. REPEALED. JUNE 25, 1948, CH. 645, 21, 62 STAT. 862, EFF.
SEPT. 1, 1948
TITLE 12 - BANKS AND BANKING/CHAPTER 5 - CRIMES AND
OFFENSES/SUBCHAPTER I - IN GENERAL
US CODE: TITLE 12,1710. PAYMENT OF INSURANCE
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER II - MORTGAGE INSURANCE
US CODE: TITLE 12,1702. ADMINISTRATIVE PROVISIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER I - HOUSING RENOVATION AND MODERNIZATION
US CODE: TITLE 12,1757. POWERS
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1720. REPEALED. PUB. L. 98 181, TITLE IV, 483(A), NOV. 30,
1983, 97 STAT. 1240
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS
US CODE: TITLE 12,1738. INSURANCE OF MORTGAGES
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VI - WAR HOUSING INSURANCE
US CODE: TITLE 12,1701E, 1701F. REPEALED. PUB. L. 91 609, TITLE V, 503(1), DEC.
31, 1970, 84 STAT. 1785
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL HOUSING
US CODE: TITLE 12,1766. POWERS OF BOARD
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,226. FEDERAL RESERVE ACT
TITLE 12 - BANKS AND BANKING/CHAPTER 3 - FEDERAL RESERVE
SYSTEM/SUBCHAPTER I - DEFINITIONS, ORGANIZATION, AND GENERAL
PROVISIONS AFFECTING SYSTEM
US CODE: TITLE 12,264. TRANSFERRED
TITLE 12 - BANKS AND BANKING/CHAPTER 3 - FEDERAL RESERVE
SYSTEM/SUBCHAPTER V - FEDERAL DEPOSIT INSURANCE CORPORATION
US CODE: TITLE 12,1701C. SECRETARY OF HOUSING AND URBAN
DEVELOPMENT
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL HOUSING
US CODE: TITLE 12,1719. SECONDARY MARKET OPERATIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS
US CODE: TITLE 12,1718. CAPITALIZATION OF FEDERAL NATIONAL MORTGAGE
ASSOCIATION
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS
US CODE: TITLE 12,1706. REPEALED. AUG. 2, 1954, CH. 649, TITLE VIII, 802(B), 68
STAT. 642
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER I - HOUSING RENOVATION AND MODERNIZATION
US CODE: TITLE 12,1761. MANAGEMENT
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1020C 1. OMITTED
TITLE 12 - BANKS AND BANKING/CHAPTER 7 - FARM CREDIT
ADMINISTRATION/SUBCHAPTER II-A - FEDERAL FARM MORTGAGE
CORPORATION
US CODE: TITLE 12,1439, 1439 1. REPEALED. PUB. L. 101 73, TITLE VII, 708, 712,
AUG. 9, 1989, 103 STAT. 418, 419
TITLE 12 - BANKS AND BANKING/CHAPTER 11 - FEDERAL HOME LOAN BANKS
US CODE: TITLE 12,1739. MORTGAGE INSURANCE BENEFITS
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VI - WAR HOUSING INSURANCE
US CODE: TITLE 12,1745. INSURANCE OF MORTGAGES ON SALES OF
GOVERNMENT HOUSING; LIMITS AND CONDITIONS; GREENBELT TOWNS;
STATE HOUSING
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VI - WAR HOUSING INSURANCE
US CODE: TITLE 12,1701D. REPEALED. PUB. L. 89 554, 8(A), SEPT. 6, 1966, 80 STAT.
655
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL HOUSING
US CODE: TITLE 12,362 TO 364. OMITTED
TITLE 12 - BANKS AND BANKING/CHAPTER 3 - FEDERAL RESERVE
SYSTEM/SUBCHAPTER IX - POWERS AND DUTIES OF FEDERAL RESERVE BANKS
US CODE: TITLE 12,1752. DEFINITIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1759. MEMBERSHIP
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1731A. PENALTIES
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER V - MISCELLANEOUS
US CODE: TITLE 12,1441. FINANCING CORPORATION
TITLE 12 - BANKS AND BANKING/CHAPTER 11 - FEDERAL HOME LOAN BANKS
US CODE: TITLE 12,481. APPOINTMENT OF EXAMINERS; EXAMINATION OF
MEMBER BANKS, STATE BANKS, AND TRUST COMPANIES; REPORTS
TITLE 12 - BANKS AND BANKING/CHAPTER 3 - FEDERAL RESERVE
SYSTEM/SUBCHAPTER XV - BANK EXAMINATIONS
US CODE: TITLE 12,1747I. REPEALED. PUB. L. 89 117, TITLE XI, 1108(AA), AUG. 10,
1965, 79 STAT. 507
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1723. MANAGEMENT
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS
US CODE: TITLE 12,1751. SHORT TITLE
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT UNIONS
US CODE: TITLE 12,1752A. NATIONAL CREDIT UNION ADMINISTRATION
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1755. FEES
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1767. FISCAL AGENTS AND DEPOSITORIES; AUTHORIZATION
TO SECURE DEPOSITS BY GOVERNMENTAL BODIES
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,375B. EXTENSIONS OF CREDIT TO EXECUTIVE OFFICERS,
DIRECTORS, AND PRINCIPAL SHAREHOLDERS OF MEMBER BANKS
TITLE 12 - BANKS AND BANKING/CHAPTER 3 - FEDERAL RESERVE
SYSTEM/SUBCHAPTER X - POWERS AND DUTIES OF MEMBER BANKS
US CODE: TITLE 12,1743. INSURANCE OF MORTGAGES
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VI - WAR HOUSING INSURANCE
US CODE: TITLE 12,1753. FEDERAL CREDIT UNION ORGANIZATION
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1756. REPORTS AND EXAMINATIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1758. BYLAWS
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1754. APPROVAL OF ORGANIZATION CERTIFICATE
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT
UNIONS/SUBCHAPTER I - GENERAL PROVISIONS
US CODE: TITLE 12,1467. EXAMINATION FEES
TITLE 12 - BANKS AND BANKING/CHAPTER 12 - SAVINGS ASSOCIATIONS
US CODE: TITLE 12,1747L. DEFINITIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,501. LIABILITY OF FEDERAL RESERVE OR MEMBER BANK
FOR CERTIFYING CHECK WHEN AMOUNT OF DEPOSIT WAS INADEQUATE
TITLE 12 - BANKS AND BANKING/CHAPTER 3 - FEDERAL RESERVE
SYSTEM/SUBCHAPTER XVI - CIVIL LIABILITY OF FEDERAL RESERVE AND
MEMBER BANKS, SHAREHOLDERS, AND OFFICERS
US CODE: TITLE 12,1722. BENEFITS AND BURDENS INCIDENT TO
ADMINISTRATION OF FUNCTIONS AND OPERATIONS UNDER SECTIONS 1720
AND 1721
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER III - NATIONAL MORTGAGE ASSOCIATIONS
US CODE: TITLE 12,1701G TO 1701G 3. OMITTED
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL HOUSING
US CODE: TITLE 12,462B, 462C. OMITTED
TITLE 12 - BANKS AND BANKING/CHAPTER 3 - FEDERAL RESERVE
SYSTEM/SUBCHAPTER XIV - BANK RESERVES
US CODE: TITLE 12,503. LIABILITY OF DIRECTORS AND OFFICERS OF MEMBER
BANKS
TITLE 12 - BANKS AND BANKING/CHAPTER 3 - FEDERAL RESERVE
SYSTEM/SUBCHAPTER XVI - CIVIL LIABILITY OF FEDERAL RESERVE AND
MEMBER BANKS, SHAREHOLDERS, AND OFFICERS
US CODE: TITLE 12,9. ADDITIONAL EXAMINERS, CLERKS, AND OTHER
EMPLOYEES
TITLE 12 - BANKS AND BANKING/CHAPTER 1 - THE COMPTROLLER OF THE
CURRENCY
US CODE: TITLE 12,1150C. SELF-HAULING OF HAY OR OTHER ROUGHAGES
UNDER HAY TRANSPORTATION ASSISTANCE PROGRAM; LIABILITY FOR OR
REFUND OF EXCESS PAYMENTS; AVAILABILITY OF FUNDS FOR PAYMENTS
TITLE 12 - BANKS AND BANKING/CHAPTER 8 - ADJUSTMENT AND
CANCELLATION OF FARM LOANS
US CODE: TITLE 12,1744. INSURANCE OF LOANS FOR MANUFACTURE OF
HOUSES
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VI - WAR HOUSING INSURANCE
US CODE: TITLE 12,1747F. PAYMENT OF CLAIMS; ASSIGNMENT OF BENEFITS BY
INVESTORS
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1747A. ELIGIBILITY FOR INSURANCE
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1747. PURPOSE OF SUBCHAPTER; AUTHORIZATION; TERMS
AND CONDITIONS; EXPIRATION OF INSURANCE CONTRACT
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1746. INSURANCE ON MORTGAGES ON LARGE-SCALE
HOUSING PROJECTS
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VI - WAR HOUSING INSURANCE
US CODE: TITLE 12,1747G. DEBENTURES
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1466A. DISTRICT ASSOCIATIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 12 - SAVINGS ASSOCIATIONS
US CODE: TITLE 12,1747C. RENT SCHEDULES
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1747E. FINANCIAL STATEMENTS BY SECRETARY
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1747J. TAXATION OF REAL PROPERTY
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1747K. RULES AND REGULATIONS
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1747H. TERMINATION OF INSURANCE CONTRACT BY
INVESTOR
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1747B. PREMIUM CHARGES; FEES FOR EXAMINATION AND
INSPECTION
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
US CODE: TITLE 12,1751A. OMITTED
TITLE 12 - BANKS AND BANKING/CHAPTER 14 - FEDERAL CREDIT UNIONS
US CODE: TITLE 12,1747D. EXCESS EARNINGS USED FOR AMORTIZATION OF
ORIGINAL INVESTMENT
TITLE 12 - BANKS AND BANKING/CHAPTER 13 - NATIONAL
HOUSING/SUBCHAPTER VII - INSURANCE FOR INVESTMENTS IN RENTAL
HOUSING FOR FAMILIES OF MODERATE INCOME
00:35:12
The note is the authorization to create the money.
When the note is given to the banker, he becomes the holder. That does not
mean he has the right of ownership or the right to “sell” it, etc.
The shown above, the bank is regulated by the Comptroller, SEC, FDIC, and FRB
Board of Governors.
The Federal Reserve demands only original documents from the bank.
00:39:20
The banks want you to think what you are borrowing is “credit”.
Money Aggregates are the FRB’s name for different sources of money. They are
labeled:
M1=measure of US money stock consisting of currency held by public,
travelers’ checks, demand deposits, and other checkable deposits
M2=M1 + certain overnight repurchase agreements, certain overnight dollar
savings deposits, etc.
M3=M2 + time deposits of $100,000 or more depository
In 2009 M1 is no longer published.
The bank extends credit, but they want cash back. (not “payment in kind”)
00:42:13
Thomas Jefferson warned that if we have a central bank the banks would take
over and start influencing legislation so that we would have our properties
taken away from us.
According to the FRB Board of Governors, the FRB is designed as a banking
surplus for the federal government.
What they don’t say is that the provide banking for the people.
The loan documents are pooled together and sold over and over again.
00:45:45
book: The ABC’s of the UCC, by American Bar Assoc., Sandra M. Rocks [?]
Securities sold in the open market are not the same as securities in the
banking industry.
Article 8 of UCC explains that.
Scope: As noted above, Article provides the commercial law rules for
acquisition, holding, and transferring of interest in securities and other
investment properties. The definition of security contained in 8-102 with
help from 8-103 has little to do with the definition of security that is
developed for the purposes of federal securities law. Article 8’s definition
is intended to cover assets that one would normally expect to be bought and
sold as securities in today’s market place, and it has 4 components.
First, the asset must be an obligation of the issuer. [The signed note.]
Second, the asset must take one of 3 forms: bearer form, registered form, or
uncertificated form [i.e. book entries].
Third, it must be in one of a class of series, or by its terms be divisable
in a class of series shares, participations, interests, or obligations.
[The bank does have either a direct interest, or an interest as a fiduciary.
It’s also an obligation, so it could be in both categories.]
Fourth, the asset must function like a security, meaning that it is deltatraded
in the securities industry.
At the bottom of a note, it could say “Fannie Mae/Freddie Mac Instrument”.
In the example, Fannie Mae “acquired ownership” of the note a month after it
was created, and GMAC was thereafter servicing it. On the monthly invoice
there was a note saying “For questions on the servicing of your account call
GM Family First”.
On the original application it said “Servicing Disclosure and Servicing
Transfer Estimate”.
00:51:07
Fannie Mae puts all the interest into a pool of loans and calls it a
security. See the SEC for their servicing agreement.
=============================================================================
This is no longer valid. The updated version and web page is below.
Apparently the sections have been moved to a different title and renumbered
=============================================================================
[updated 05-04-2009]
http://uscode.house.gov/download/pls/15C2A.txt
-CITE-
15 USC Sec. 77b 01/03/2007
-EXPCITETITLE
15 - COMMERCE AND TRADE
CHAPTER 2A - SECURITIES AND TRUST INDENTURES
SUBCHAPTER I - DOMESTIC SECURITIES
-HEADSec.
77b. Definitions; promotion of efficiency, competition, and
capital formation
-STATUTE-
(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.
(2) The term "person" means an individual, a corporation, a
partnership, an association, a joint-stock company, a trust, any
unincorporated organization, or a government or political
subdivision thereof. As used in this paragraph the term "trust"
shall include only a trust where the interest or interests of the
beneficiary or beneficiaries are evidenced by a security.
(3) The term "sale" or "sell" shall include every contract of
sale or disposition of a security or interest in a security, for
value. The term "offer to sell", "offer for sale", or "offer"
shall include every attempt or offer to dispose of, or
solicitation of an offer to buy, a security or interest in a
security, for value. The terms defined in this paragraph and the
term "offer to buy" as used in subsection (c) of section 77e of
this title shall not include preliminary negotiations or
agreements between an issuer (or any person directly or
indirectly controlling or controlled by an issuer, or under
direct or indirect common control with an issuer) and any
underwriter or among underwriters who are or are to be in privity
of contract with an issuer (or any person directly or indirectly
controlling or controlled by an issuer, or under direct or
indirect common control with an issuer). Any security given or
delivered with, or as a bonus on account of, any purchase of
securities or any other thing, shall be conclusively presumed to
constitute a part of the subject of such purchase and to have
been offered and sold for value. The issue or transfer of a right
or privilege, when originally issued or transferred with a
security, giving the holder of such security the right to convert
such security into another security of the same issuer or of
another person, or giving a right to subscribe to another
security of the same issuer or of another person, which right
cannot be exercised until some future date, shall not be deemed
to be an offer or sale of such other security; but the issue or
transfer of such other security upon the exercise of such right
of conversion or subscription shall be deemed a sale of such
other security. Any offer or sale of a security futures product
by or on behalf of the issuer of the securities underlying the
security futures product, an affiliate of the issuer, or an
underwriter, shall constitute a contract for sale of, sale of,
offer for sale, or offer to sell the underlying securities.
(4) The term "issuer" means every person who issues or proposes
to issue any security; except that with respect to certificates
of deposit, voting-trust certificates, or collateral-trust
certificates, or with respect to certificates of interest or
shares in an unincorporated investment trust not having a board
of directors (or persons performing similar functions) or of the
fixed, restricted management, or unit type, the term "issuer"
means the person or persons performing the acts and assuming the
duties of depositor or manager pursuant to the provisions of the
trust or other agreement or instrument under which such
securities are issued; except that in the case of an
unincorporated association which provides by its articles for
limited liability of any or all of its members, or in the case of
a trust, committee, or other legal entity, the trustees or
members thereof shall not be individually liable as issuers of
any security issued by the association, trust, committee, or
other legal entity; except that with respect to equipment-trust
certificates or like securities, the term "issuer" means the
person by whom the equipment or property is or is to be used; and
except that with respect to fractional undivided interests in
oil, gas, or other mineral rights, the term "issuer" means the
owner of any such right or of any interest in such right (whether
whole or fractional) who creates fractional interests therein for
the purpose of public offering.
(5) The term "Commission" means the Securities and Exchange
Commission.
(6) The term "Territory" means Puerto Rico, the Virgin Islands,
and the insular possessions of the United States.
(7) The term "interstate commerce" means trade or commerce in
securities or any transportation or communication relating
thereto among the several States or between the District of
Columbia or any Territory of the United States and any State or
other Territory, or between any foreign country and any State,
Territory, or the District of Columbia, or within the District of
Columbia.
(8) The term "registration statement" means the statement
provided for in section 77f of this title, and includes any
amendment thereto and any report, document, or memorandum filed
as part of such statement or incorporated therein by reference.
(9) The term "write" or "written" shall include printed,
lithographed, or any means of graphic communication.
(10) The term "prospectus" means any prospectus, notice,
circular, advertisement, letter, or communication, written or by
radio or television, which offers any security for sale or
confirms the sale of any security; except that (a) a
communication sent or given after the effective date of the
registration statement (other than a prospectus permitted under
subsection (b) of section 77j of this title) shall not be deemed
a prospectus if it is proved that prior to or at the same time
with such communication a written prospectus meeting the
requirements of subsection (a) of section 77j of this title at
the time of (!1) such communication was sent or given to the
person to whom the communication was made, and (b) a notice,
circular, advertisement, letter, or communication in respect of a
security shall not be deemed to be a prospectus if it states from
whom a written prospectus meeting the requirements of section 77j
of this title may be obtained and, in addition, does no more than
identify the security, state the price thereof, state by whom
orders will be executed, and contain such other information as
the Commission, by rules or regulations deemed necessary or
appropriate in the public interest and for the protection of
investors, and subject to such terms and conditions as may be
prescribed therein, may permit.
(11) The term "underwriter" means any person who has purchased
from an issuer with a view to, or offers or sells for an issuer
in connection with, the distribution of any security, or
participates or has a direct or indirect participation in any
such undertaking, or participates or has a participation in the
direct or indirect underwriting of any such undertaking; but such
term shall not include a person whose interest is limited to a
commission from an underwriter or dealer not in excess of the
usual and customary distributors' or sellers' commission. As used
in this paragraph the term "issuer" shall include, in addition to
an issuer, any person directly or indirectly controlling or
controlled by the issuer, or any person under direct or indirect
common control with the issuer.
(12) The term "dealer" means any person who engages either for
all or part of his time, directly or indirectly, as agent,
broker, or principal, in the business of offering, buying,
selling, or otherwise dealing or trading in securities issued by
another person.
(13) The term "insurance company" means a company which is
organized as an insurance company, whose primary and predominant
business activity is the writing of insurance or the reinsuring
of risks underwritten by insurance companies, and which is
subject to supervision by the insurance commissioner, or a
similar official or agency, of a State or territory or the
District of Columbia; or any receiver or similar official or any
liquidating agent for such company, in his capacity as such.
(14) The term "separate account" means an account established
and maintained by an insurance company pursuant to the laws of
any State or territory of the United States, the District of
Columbia, or of Canada or any province thereof, under which
income, gains and losses, whether or not realized, from assets
allocated to such account, are, in accordance with the applicable
contract, credited to or charged against such account without
regard to other income, gains, or losses of the insurance
company.
(15) The term "accredited investor" shall mean -
(i) a bank as defined in section 77c(a)(2) of this title
whether acting in its individual or fiduciary capacity; an
insurance company as defined in paragraph (13) of this
subsection; an investment company registered under the
Investment Company Act of 1940 [15 U.S.C. 80a-1 et seq.] or a
business development company as defined in section 2(a)(48) of
that Act [15 U.S.C. 80a-2(a)(48)]; a Small Business Investment
Company licensed by the Small Business Administration; or an
employee benefit plan, including an individual retirement
account, which is subject to the provisions of the Employee
Retirement Income Security Act of 1974 [29 U.S.C. 1001 et
seq.], if the investment decision is made by a plan fiduciary,
as defined in section 3(21) of such Act [29 U.S.C. 1002(21)],
which is either a bank, insurance company, or registered
investment adviser; or
(ii) any person who, on the basis of such factors as
financial sophistication, net worth, knowledge, and experience
in financial matters, or amount of assets under management
qualifies as an accredited investor under rules and regulations
which the Commission shall prescribe.
(16) The terms "security future", "narrow-based security
index", and "security futures product" have the same meanings as
provided in section 78c(a)(55) of this title.
(b) Consideration of promotion of efficiency, competition, and
capital formation
Whenever pursuant to this subchapter the Commission is engaged in
rulemaking and is required to consider or determine whether an
action is necessary or appropriate in the public interest, the
Commission shall also consider, in addition to the protection of
investors, whether the action will promote efficiency, competition,
and capital formation.
If you are not the issuer of the note or mortgage, then you have no
obligation.
Again, the bank is prohibited from issuing any note.
For the same reasons, the bank may not be an underwriter, i.e. it may not
purchase the note, unless it uses its own money (not its capital, depositors’
money, nor notes).
The bank may say it extended credit, so that it can avoid answering that it
broke the law, or that it was a servicer for another entity such as Fannie
Mae, in which case the bank has no proprietary interest in the debt.
Again, there must be a meeting of minds and assent on each element of the
transaction.
00:56:11
[updated 05-04-2009]
http://edocket.access.gpo.gov/cfr_2009/janqtr/12cfr1.2.htm
12 CFR 1.2 definitions
(e) Investment security means a marketable debt obligation that is
not predominantly speculative in nature. A security is not predominantly
speculative in nature if it is rated investment grade. When a security
is not rated, the security must be the credit equivalent of a security
rated investment grade.
(f) Marketable means that the security:
(1) Is registered under the Securities Act of 1933, 15 U.S.C. 77a et
seq.;
(2) Is a municipal revenue bond exempt from registration under the
Securities Act of 1933, 15 U.S.C. 77c(a)(2);
(3) Is offered and sold pursuant to Securities and Exchange
Commission Rule 144A, 17 CFR 230.144A, and rated investment grade or is
the credit equivalent of investment grade; or
(4) Can be sold with reasonable promptness at a price that
corresponds reasonably to its fair value.
00:57:00
The note is a security, because 12 USC chapter 8 defines it as such.
Is the note an asset or a security?
00:57:28
The question is who has what interest in the debt.
The bank will grossly misrepresent its interest. It will claim an interest
in the note. But, as shown before, the note does not qualify as the debt.
It is merely an accessory to the debt. No applicable presumption can be made
based upon the note itself.
The fulfillment of the above criteria matches exactly with the information in
the FRB Board of Governors’ book Purposes and Functions: Every asset is an
obligation, and vice versa; and all securities are assets and financial
obligations.
Notes held in a security account are assets.
01:00:30
12 USC 92a
12 USC 92 Acting as insurance agent or broker
http://frwebgate.access.gpo.gov/cgibin/
usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc12.wais&start=306110&SIZE=4283&TYP
E=TEXT
12 USC 92a Trust Powers
http://frwebgate.access.gpo.gov/cgibin/
usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc12.wais&start=310399&SIZE=11872&TY
PE=TEXT
Glass-Stiegel Act repealed in part by Gramm-Leach-Bliley Act
Since deregulation which allowed banks and insurance companies to be under
one ownership there is a reasonable question as to which type of entity you
are dealing with: insurance, what kind of a bank, broker, dealer, trust?
[updated 05-04-2009]
http://frwebgate.access.gpo.gov/cgibin/
usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc12.wais&start=1224283&SIZE=1358&TY
PE=TEXT
12 USC Sec. 582. Receipt of United States or bank notes as collateral
No national banking association shall hereafter offer or receive
United States notes or national-bank notes as security or as collateral
security for any loan of money, or for a consideration agree to withhold
the same from use, or offer or receive the custody or promise of custody
of such notes as security, or as collateral security, or consideration
for any loan of money. Any association offending against the provisions
of this section shall be deemed guilty of a misdemeanor and shall be
fined not more than $1,000 and a further sum equal to one-third of the
money so loaned. The officer or officers of any association who shall
make any such loan shall be liable for a further sum equal to onequarter
of the money loaned; and any fine or penalty incurred by a
violation of this section shall be recoverable for the benefit of the
party bringing such suit.
The questions now becomes, Who am I dealing with? Insurance? Trust? Broker?
Dealer? Bank? What kind of bank?
01:02:39
[updated 05-04-2009]
http://frwebgate.access.gpo.gov/cgibin/
usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc12.wais&start=254687&SIZE=1794&TYP
E=TEXT
12 USC Sec. 83. Loans by bank on its own stock
(a) General prohibition
No national bank shall make any loan or discount on the security of
the shares of its own capital stock.
(b) Exclusion
For purposes of this section, a national bank shall not be deemed to
be making a loan or discount on the security of the shares of its own
capital stock if it acquires the stock to prevent loss upon a debt
previously contracted for in good faith.
12 USC 83 also found at 13 Stat 99, Title 62, Sec. 35
12 USC 581 was transferred to 18 USC 334
18 USC Sec. 334. Issuance of Federal Reserve or national bank notes
Whoever, being a Federal Reserve Agent, or an agent or employee of
such Federal Reserve Agent, or of the Board of Governors of the Federal
Reserve System, issues or puts in circulation any Federal Reserve notes,
without complying with or in violation of the provisions of law
regulating the issuance and circulation of such Federal Reserve notes;
or
Whoever, being an officer acting under the provisions of chapter 2
of Title 12, countersigns or delivers to any national banking
association, or to any other company or person, any circulating notes
contemplated by that chapter except in strict accordance with its
provisions--
Shall be fined under this title or imprisoned not more than five
years, or both.
01:04:08
[updated 05-04-2009]
http://edocket.access.gpo.gov/cfr_2009/janqtr/12cfr37.1.htm
12 CFR Sec. 37.1 Authority, purpose, and scope.
(a) Authority. A national bank is authorized to enter into debt
cancellation contracts and debt suspension agreements and charge a fee
therefor, in connection with extensions of credit that it makes,
pursuant to 12 U.S.C. 24(Seventh).

Quote 0 0
Last part.

(b) Purpose. This part sets forth the standards that apply to debt
cancellation contracts and debt suspension agreements entered into by
national banks. The purpose of these standards is to ensure that
national banks offer and implement such contracts and agreements
consistent with safe and sound banking practices, and subject to
appropriate consumer protections.
(c) Scope. This part applies to debt cancellation contracts and debt
suspension agreements entered into by national banks in connection with
extensions of credit they make. National banks' debt cancellation
contracts and debt suspension agreements are governed by this part and
applicable Federal law and regulations, and not by part 14 of this
chapter or by State law.
The above comes from the following:
Note: “personal security” = bank’s capital
http://frwebgate.access.gpo.gov/cgibin/
usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc12.wais&start=45273&SIZE=51275&TYP
E=TEXT
12 USC 24 (Seventh)
Seventh. To exercise by its board of directors or duly authorized
officers or agents, subject to law, all such incidental powers as shall
be necessary to carry on the business of banking; by discounting and
negotiating promissory notes, drafts, bills of exchange, and other
evidences of debt; by receiving deposits; by buying and selling
exchange, coin, and bullion; by loaning money on personal security; and
by obtaining, issuing, and circulating notes according to the provisions
of title 62 of the Revised Statutes. The business of dealing in
securities and stock by the association shall be limited to purchasing
and selling such securities and stock without recourse, solely upon the
order, and for the account of, customers, and in no case for its own
account, and the association shall not underwrite any issue of
securities or stock; Provided, That the association may purchase for its
own account investment securities under such limitations and
restrictions as the Comptroller of the Currency may by regulation
prescribe. In no event shall the total amount of the investment
securities of any one obligor or maker, held by the association for its
own account, exceed at any time 10 per centum of its capital stock
actually paid in and unimpaired and 10 per centum of its unimpaired
surplus fund, except that this limitation shall not require any
association to dispose of any securities lawfully held by it on August
23, 1935. As used in this section the term ``investment securities''
shall mean marketable obligations, evidencing indebtedness of any
person, copartnership, association, or corporation in the form of bonds,
notes and/or debentures commonly known as investment securities under
such further definition of the term ``investment securities'' as may by
regulation be prescribed by the Comptroller of the Currency. Except as
hereinafter provided or otherwise permitted by law, nothing herein
contained shall authorize the purchase by the association for its own
account of any shares of stock of any corporation. The limitations and
restrictions herein contained as to dealing in, underwriting and
purchasing for its own account, investment securities shall not apply to
obligations of the United States, or general obligations of any State or
of any political subdivision thereof, or obligations of the Washington
Metropolitan Area Transit Authority which are guaranteed by the
Secretary of Transportation under section 9 of the National Capital
Transportation Act of 1969, or obligations issued under authority of the
Federal Farm Loan Act, as amended, or issued by the thirteen banks for
cooperatives or any of them or the Federal Home Loan Banks, or
obligations which are insured by the Secretary of Housing and Urban
Development under title XI of the National Housing Act [12 U.S.C.
1749aaa et seq.] or obligations which are insured by the Secretary of
Housing and Urban Development (hereinafter in this sentence referred to
as the ``Secretary'') pursuant to section 207 of the National Housing
Act [12 U.S.C. 1713], if the debentures to be issued in payment of such
insured obligations are guaranteed as to principal and interest by the
United States, or obligations, participations, or other instruments of
or issued by the Federal National Mortgage Association, or the
Government National Mortgage Association, or mortgages, obligations or
other securities which are or ever have been sold by the Federal Home
Loan Mortgage Corporation pursuant to section 305 or section 306 of the
Federal Home Loan Mortgage Corporation Act [12 U.S.C. 1454 or 1455], or
obligations of the Federal Financing Bank or obligations of the
Environmental Financing Authority, or obligations or other instruments
or securities of the Student Loan Marketing Association, or such
obligations of any local public agency (as defined in section 110(h) of
the Housing Act of 1949 [42 U.S.C. 1460(h)]) as are secured by an
agreement between the local public agency and the Secretary in which the
local public agency agrees to borrow from said Secretary, and said
Secretary agrees to lend to said local public agency, monies in an
aggregate amount which (together with any other monies irrevocably
committed to the payment of interest on such obligations) will suffice
to pay, when due, the interest on and all installments (including the
final installment) of the principal of such obligations, which monies
under the terms of said agreement are required to be used for such
payments, or such obligations of a public housing agency (as defined in
the United States Housing Act of 1937, as amended [42 U.S.C. 1437 et
seq.]) as are secured (1) by an agreement between the public housing
agency and the Secretary in which the public housing agency agrees to
borrow from the Secretary, and the Secretary agrees to lend to the
public housing agency, prior to the maturity of such obligations, monies
in an amount which (together with any other monies irrevocably committed
to the payment of interest on such obligations) will suffice to pay the
principal of such obligations with interest to maturity thereon, which
monies under the terms of said agreement are required to be used for the
purpose of paying the principal of and the interest on such obligations
at their maturity, (2) by a pledge of annual contributions under an
annual contributions contract between such public housing agency and the
Secretary if such contract shall contain the covenant by the Secretary
which is authorized by subsection (g) of section 6 of the United States
Housing Act of 1937, as amended [42 U.S.C. 1437d(g)], and if the maximum
sum and the maximum period specified in such contract pursuant to said
subsection 6(g) [42 U.S.C. 1437d(g)] shall not be less than the annual
amount and the period for payment which are requisite to provide for the
payment when due of all installments of principal and interest on such
obligations, or (3) by a pledge of both annual contributions under an
annual contributions contract containing the covenant by the Secretary
which is authorized by section 6(g) of the United States Housing Act of
1937 [42 U.S.C. 1437d(g)], and a loan under an agreement between the
local public housing agency and the Secretary in which the public
housing agency agrees to borrow from the Secretary, and the Secretary
agrees to lend to the public housing agency, prior to the maturity of
the obligations involved, moneys in an amount which (together with any
other moneys irrevocably committed under the annual contributions
contract to the payment of principal and interest on such obligations)
will suffice to provide for the payment when due of all installments of
principal and interest on such obligations, which moneys under the terms
of the agreement are required to be used for the purpose of paying the
principal and interest on such obligations at their maturity: Provided,
That in carrying on the business commonly known as the safe-deposit
business the association shall not invest in the capital stock of a
corporation organized under the law of any State to conduct a safedeposit
business in an amount in excess of 15 per centum of the capital
stock of the association actually paid in and unimpaired and 15 per
centum of its unimpaired surplus. The limitations and restrictions
herein contained as to dealing in and underwriting investment securities
shall not apply to obligations issued by the International Bank for
Reconstruction and Development, the European Bank for Reconstruction and
Development, the Inter-American Development Bank \1\ Bank for Economic
Cooperation and Development in the Middle East and North Africa,,\2\ the
North American Development Bank, the Asian Development Bank, the African
Development Bank, the Inter-American Investment Corporation, or the
International Finance Corporation,,\2\ or obligations issued by any
State or political subdivision or any agency of a State or political
subdivision for housing, university, or dormitory purposes, which are at
the time eligible for purchase by a national bank for its own account,
nor to bonds, notes and other obligations issued by the Tennessee Valley
Authority or by the United States Postal Service: Provided, That no
association shall hold obligations issued by any of said organizations
as a result of underwriting, dealing, or purchasing for its own account
(and for this purpose obligations as to which it is under commitment
shall be deemed to be held by it) in a total amount exceeding at any one
time 10 per centum of its capital stock actually paid in and unimpaired
and 10 per centum of its unimpaired surplus fund. Notwithstanding any
other provision in this paragraph, the association may purchase for its
own account shares of stock issued by a corporation authorized to be
created pursuant to title IX of the Housing and Urban Development Act of
1968 [42 U.S.C. 3931 et seq.], and may make investments in a
partnership, limited partnership, or joint venture formed pursuant to
section 907(a) or 907(c) of that Act [42 U.S.C. 3937(a) or 3937(c)].
Notwithstanding any other provision of this paragraph, the association
may purchase for its own account shares of stock issued by any State
housing corporation incorporated in the State in which the association
is located and may make investments in loans and commitments for loans
to any such corporation: Provided, That in no event shall the total
amount of such stock held for its own account and such investments in
loans and commitments made by the association exceed at any time 5 per
centum of its capital stock actually paid in and unimpaired plus 5 per
centum of its unimpaired surplus fund. Notwithstanding any other
provision in this paragraph, the association may purchase for its own
account shares of stock issued by a corporation organized solely for the
purpose of making loans to farmers and ranchers for agricultural
purposes, including the breeding, raising, fattening, or marketing of
livestock. However, unless the association owns at least 80 per centum
of the stock of such agricultural credit corporation the amount invested
by the association at any one time in the stock of such corporation
shall not exceed 20 per centum of the unimpaired capital and surplus of
the association: Provided further, That notwithstanding any other
provision of this paragraph, the association may purchase for its own
account shares of stock of a bank insured by the Federal Deposit
Insurance Corporation or a holding company which owns or controls such
an insured bank if the stock of such bank or company is owned
exclusively (except to the extent directors' qualifying shares are
required by law) by depository institutions or depository institution
holding companies (as defined in section 1813 of this title) and such
bank or company and all subsidiaries thereof are engaged exclusively in
providing services to or for other depository institutions, their
holding companies, and the officers, directors, and employees of such
institutions and companies, and in providing correspondent banking
services at the request of other depository institutions or their
holding companies (also referred to as a ``banker's bank''), but in no
event shall the total amount of such stock held by the association in
any bank or holding company exceed at any time 10 per centum of the
association's capital stock and paid in and unimpaired surplus and in no
event shall the purchase of such stock result in an association's
acquiring more than 5 per centum of any class of voting securities of
such bank or company. The limitations and restrictions contained in this
paragraph as to an association purchasing for its own account investment
securities shall not apply to securities that (A) are offered and sold
pursuant to section 4(5) of the Securities Act of 1933 (15 U.S.C.
77d(5)); (B) are small business related securities (as defined in
section 3(a)(53) of the Securities Exchange Act of 1934 [15 U.S.C.
78c(a)(53)]); or (C) are mortgage related securities (as that term is
defined in section 3(a)(41) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(41)).\3\ The exception provided for the securities
described in subparagraphs (A), (B), and (C) shall be subject to such
regulations as the Comptroller of the Currency may prescribe, including
regulations prescribing minimum size of the issue (at the time of
initial distribution) or minimum aggregate sales prices, or both.
---------------------------------------------------------------------------
\1\ So in original. Probably should be followed by a comma.
\2\ So in original.
\3\ So in original. The period probably should be preceded by an
additional closing parenthesis.
---------------------------------------------------------------------------
A national banking association may deal in, underwrite, and purchase
for such association's own account qualified Canadian government
obligations to the same extent that such association may deal in,
underwrite, and purchase for such association's own account obligations
of the United States or general obligations of any State or of any
political subdivision thereof. For purposes of this paragraph--
(1) the term ``qualified Canadian government obligations'' means
any debt obligation which is backed by Canada, any Province of
Canada, or any political subdivision of any such Province to a
degree which is comparable to the liability of the United States,
any State, or any political subdivision thereof for any obligation
which is backed by the full faith and credit of the United States,
such State, or such political subdivision, and such term includes
any debt obligation of any agent of Canada or any such Province or
any political subdivision of such Province if--
(A) the obligation of the agent is assumed in such agent's
capacity as agent for Canada or such Province or such political
subdivision; and
(B) Canada, such Province, or such political subdivision on
whose behalf such agent is acting with respect to such
obligation is ultimately and unconditionally liable for such
obligation; and
(2) the term ``Province of Canada'' means a Province of Canada
and includes the Yukon Territory and the Northwest Territories and
their successors.
In addition to the provisions in this paragraph for dealing in,
underwriting, or purchasing securities, the limitations and restrictions
contained in this paragraph as to dealing in, underwriting, and
purchasing investment securities for the national bank's own account
shall not apply to obligations (including limited obligation bonds,
revenue bonds, and obligations that satisfy the requirements of section
142(b)(1) of title 26) issued by or on behalf of any State or political
subdivision of a State, including any municipal corporate
instrumentality of 1 or more States, or any public agency or authority
of any State or political subdivision of a State, if the national bank
is well capitalized (as defined in section 1831o of this title).
01:07:20
[updated 05-04-2009]
http://edocket.access.gpo.gov/cfr_2009/janqtr/12cfr1.1.htm
12 CFR Sec. 1.1 Authority, purpose, scope, and reservation of authority.
(a) Authority. This part is issued pursuant to 12 U.S.C. 1 et seq.,
12 U.S.C. 24 (Seventh), and 12 U.S.C. 93a.
(b) Purpose This part prescribes standards under which national
banks may purchase, sell, deal in, underwrite, and hold securities,
consistent with the authority contained in 12 U.S.C. 24 (Seventh) and
safe and sound banking practices.
(c) Scope. The standards set forth in this part apply to national
banks and Federal branches of foreign banks. Further, pursuant to 12
U.S.C. 335, State banks that are members of the Federal Reserve System
are subject to the same limitations and conditions that apply to
national banks in connection with purchasing, selling, dealing in, and
underwriting securities and stock. In addition to activities authorized
under this part, foreign branches of national banks are authorized to
conduct international activities and invest in securities pursuant to 12
CFR part 211.
(d) Reservation of authority. The OCC may determine, on a case-bycase
basis, that a national bank may acquire an investment security
other than an investment security of a type set forth in this part,
provided the OCC determines that the bank's investment is consistent
with 12 U.S.C. section 24 (Seventh) and with safe and sound banking
practices. The OCC will consider all relevant factors, including the
risk characteristics of the particular investment in comparison with the
risk characteristics of investments that the OCC has previously
authorized, and the bank's ability effectively to manage such risks. The
OCC may impose limits or conditions in connection with approval of an
investment security under this subsection. Investment securities that
the OCC determines are permissible in accordance with this paragraph
constitute eligible investments for purposes of 12 U.S.C. 24.
UCC Article 8 also talks about investment securities.
01:09:00
[updated 05-04-2009]
15 USC 18
http://frwebgate.access.gpo.gov/cgibin/
usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc15.wais&start=127943&SIZE=9629&TY
PE=TEXT
Sec. 18. Acquisition by one corporation of stock of another
No person engaged in commerce or in any activity affecting commerce
shall acquire, directly or indirectly, the whole or any part of the
stock or other share capital and no person subject to the jurisdiction
of the Federal Trade Commission shall acquire the whole or any part of
the assets of another person engaged also in commerce or in any activity
affecting commerce, where in any line of commerce or in any activity
affecting commerce in any section of the country, the effect of such
acquisition may be substantially to lessen competition, or to tend to
create a monopoly.
No person shall acquire, directly or indirectly, the whole or any
part of the stock or other share capital and no person subject to the
jurisdiction of the Federal Trade Commission shall acquire the whole or
any part of the assets of one or more persons engaged in commerce or in
any activity affecting commerce, where in any line of commerce or in any
activity affecting commerce in any section of the country, the effect of
such acquisition, of such stocks or assets, or of the use of such stock
by the voting or granting of proxies or otherwise, may be substantially
to lessen competition, or to tend to create a monopoly.
This section shall not apply to persons purchasing such stock solely
for investment and not using the same by voting or otherwise to bring
about, or in attempting to bring about, the substantial lessening of
competition. Nor shall anything contained in this section prevent a
corporation engaged in commerce or in any activity affecting commerce
from causing the formation of subsidiary corporations for the actual
carrying on of their immediate lawful business, or the natural and
legitimate branches or extensions thereof, or from owning and holding
all or a part of the stock of such subsidiary corporations, when the
effect of such formation is not to substantially lessen competition.
Nor shall anything herein contained be construed to prohibit any
common carrier subject to the laws to regulate commerce from aiding in
the construction of branches or short lines so located as to become
feeders to the main line of the company so aiding in such construction
or from acquiring or owning all or any part of the stock of such branch
lines, nor to prevent any such common carrier from acquiring and owning
all or any part of the stock of a branch or short line constructed by an
independent company where there is no substantial competition between
the company owning the branch line so constructed and the company owning
the main line acquiring the property or an interest therein, nor to
prevent such common carrier from extending any of its lines through the
medium of the acquisition of stock or otherwise of any other common
carrier where there is no substantial competition between the company
extending its lines and the company whose stock, property, or an
interest therein is so acquired.
Nothing contained in this section shall be held to affect or impair
any right heretofore legally acquired: Provided, That nothing in this
section shall be held or construed to authorize or make lawful anything
heretofore prohibited or made illegal by the antitrust laws, nor to
exempt any person from the penal provisions thereof or the civil
remedies therein provided.
Nothing contained in this section shall apply to transactions duly
consummated pursuant to authority given by the Secretary of
Transportation, Federal Power Commission, Surface Transportation Board,
the Securities and Exchange Commission in the exercise of its
jurisdiction under section 79j of this title,\1\ the United States
Maritime Commission, or the Secretary of Agriculture under any statutory
provision vesting such power in such Commission, Board, or Secretary.
5 Different grades of securities (Defined 12 CFR 1.2, limitations 12 CFR 1.3)
Type 1 Obligation of US
bank may deal in, underwrite, purchase, and sell for its own account
Type 2 Obligations of States
bank may have or contract to, or deal in, underwrite,
purchase, and sell for its own account. Aggregate value issued by any one
obligor may not exceed 10% of the bank's capital and surplus.
Type 3 A security that is not Type 1, 2, 4, or 5
bank may have or contract to purchase and sell for its own
account. Aggregate value issued by any one obligor may not exceed 10% of the
bank's capital and surplus.
Type 2 & 3 Aggregate value issued by any one obligor may not exceed 10
percent of the bank’s capital and surplus.
Type 4 Small business related security, Commercial mortgage related
security, 1st TD, any type of commercial loan with real estate attached to it;
residential mortgage mortgage.
bank may purchase and sell for its own account. Total of
account is not limited. But, there is a special aggregate limitation of 25%
of capital regarding small business.
Type 5 Rated, marketable, not type 4, secured by interests in a pool of
loans with various obligors, in which a bank may invest directly.
bank may purchase and sell for its own account. Aggregate
value of securities issued by any one issuer held by the bank does not
exceed 25 percent of the bank's capital and surplus.
Banks may not lend:
Their depositors’ money
Their capital
Their notes
Their credit
Federal National Mortgage Association (Fannie Mae)
Federal Home Mortgage Corporation (Freddie Mac)
12 CFR Sec. 1.6 Convertible securities.
A national bank may not purchase securities convertible into stock
at the option of the issuer.
HH:MM:SS
00:00:24
Purpose of legal system is to prevent a monopoly by the banks and other
commercial entities.
[updated 05-04-2009]
http://frwebgate.access.gpo.gov/cgibin/
usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc15.wais&start=127943&SIZE=9629&TYP
E=TEXT
15 USC Sec. 18. Acquisition by one corporation of stock of another
No person engaged in commerce or in any activity affecting commerce
shall acquire, directly or indirectly, the whole or any part of the
stock or other share capital and no person subject to the jurisdiction
of the Federal Trade Commission shall acquire the whole or any part of
the assets of another person engaged also in commerce or in any activity
affecting commerce, where in any line of commerce or in any activity
affecting commerce in any section of the country, the effect of such
acquisition may be substantially to lessen competition, or to tend to
create a monopoly.
No person shall acquire, directly or indirectly, the whole or any
part of the stock or other share capital and no person subject to the
jurisdiction of the Federal Trade Commission shall acquire the whole or
any part of the assets of one or more persons engaged in commerce or in
any activity affecting commerce, where in any line of commerce or in any
activity affecting commerce in any section of the country, the effect of
such acquisition, of such stocks or assets, or of the use of such stock
by the voting or granting of proxies or otherwise, may be substantially
to lessen competition, or to tend to create a monopoly.
This section shall not apply to persons purchasing such stock solely
for investment and not using the same by voting or otherwise to bring
about, or in attempting to bring about, the substantial lessening of
competition. Nor shall anything contained in this section prevent a
corporation engaged in commerce or in any activity affecting commerce
from causing the formation of subsidiary corporations for the actual
carrying on of their immediate lawful business, or the natural and
legitimate branches or extensions thereof, or from owning and holding
all or a part of the stock of such subsidiary corporations, when the
effect of such formation is not to substantially lessen competition.
Nor shall anything herein contained be construed to prohibit any
common carrier subject to the laws to regulate commerce from aiding in
the construction of branches or short lines so located as to become
feeders to the main line of the company so aiding in such construction
or from acquiring or owning all or any part of the stock of such branch
lines, nor to prevent any such common carrier from acquiring and owning
all or any part of the stock of a branch or short line constructed by an
independent company where there is no substantial competition between
the company owning the branch line so constructed and the company owning
the main line acquiring the property or an interest therein, nor to
prevent such common carrier from extending any of its lines through the
medium of the acquisition of stock or otherwise of any other common
carrier where there is no substantial competition between the company
extending its lines and the company whose stock, property, or an
interest therein is so acquired.
Nothing contained in this section shall be held to affect or impair
any right heretofore legally acquired: Provided, That nothing in this
section shall be held or construed to authorize or make lawful anything
heretofore prohibited or made illegal by the antitrust laws, nor to
exempt any person from the penal provisions thereof or the civil
remedies therein provided.
Nothing contained in this section shall apply to transactions duly
consummated pursuant to authority given by the Secretary of
Transportation, Federal Power Commission, Surface Transportation Board,
the Securities and Exchange Commission in the exercise of its
jurisdiction under section 79j of this title,\1\ the United States
Maritime Commission, or the Secretary of Agriculture under any statutory
provision vesting such power in such Commission, Board, or Secretary.
00:01:11
Securities must be graded investments pursuant to
UCC Article 8
12 CFR Title 1
12 CFR 1.2 DEFINITIONS OF TYPES OF SECURITIES
Different grades of securities
Type 1 Obligation of US
Type 2 Obligations of States
Type 3 A security that is not Type 1, 2, 4, or 5
Type 4 Small business related security, Commercial mortgage related security,
1st TD, any type of commercial loan with real estate attached to it;
residential mortgage loan.
Type 5 Rated, marketable, not type 4, secured by interests in a pool of loans
with various obligors, in which a bank may invest directly.
[updated 05-04-2009]
http://edocket.access.gpo.gov/cfr_2009/janqtr/12cfr1.2.htm
12 CFR Sec. 1.2 Definitions. [excerpt]
.
.
.
(j) Type I security means:
(1) Obligations of the United States;
(2) Obligations issued, insured, or guaranteed by a department or an
agency of the United States Government, if the obligation, insurance, or
guarantee commits the full faith and credit of the United States for the
repayment of the obligation;
(3) Obligations issued by a department or agency of the United
States, or an agency or political subdivision of a State of the United
States, that represent an interest in a loan or a pool of loans made to
third parties, if the full faith and credit of the United States has
been validly pledged for the full and timely payment of interest on, and
principal of, the loans in the event of non-payment by the third party
obligor(s);
(4) General obligations of a State of the United States or any
political subdivision thereof; and municipal bonds if the national bank
is well capitalized as defined in 12 CFR 6.4(b)(1);
(5) Obligations authorized under 12 U.S.C. 24 (Seventh) as
permissible for a national bank to deal in, underwrite, purchase, and
sell for the bank's own account, including qualified Canadian government
obligations; and
(6) Other securities the OCC determines to be eligible as Type I
securities under 12 U.S.C. 24 (Seventh).
(k) Type II security means an investment security that represents:
(1) Obligations issued by a State, or a political subdivision or
agency of a State, for housing, university, or dormitory purposes that
would not satisfy the definition of Type I securities pursuant to
paragraph (j) of Sec. 1.2;
(2) Obligations of international and multilateral development banks
and organizations listed in 12 U.S.C. 24 (Seventh);
(3) Other obligations listed in 12 U.S.C. 24 (Seventh) as
permissible for a bank to deal in, underwrite, purchase, and sell for
the bank's own account, subject to a limitation per obligor of 10
percent of the bank's capital and surplus; and
(4) Other securities the OCC determines to be eligible as Type II
securities under 12 U.S.C. 24 (Seventh).
(l) Type III security means an investment security that does not
qualify as
a Type I, II, IV, or V security. Examples of Type III securities include
corporate bonds and municipal bonds that do not satisfy the definition
of Type I securities pursuant to paragraph (j) of Sec. 1.2 or the
definition of Type II securities pursuant to paragraph (k) of Sec. 1.2.
(m) Type IV security means:
(1) A small business-related security as defined in section
3(a)(53)(A) of the Securities Exchange Act of 1934, 15 U.S.C.
78c(a)(53)(A), that is rated investment grade or is the credit
equivalent thereof, that is fully secured by interests in a pool of
loans to numerous obligors.
(2) A commercial mortgage-related security that is offered or 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 commercial 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 represents ownership of a
promissory note or certificate of interest or participation that is
directly secured by a first lien on one or more parcels of real estate
upon which one or more commercial structures are located and that is
fully secured by interests in a pool of loans to numerous obligors.
(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.
(n) Type V security means a security that is:
(1) Rated investment grade;
(2) Marketable;
(3) Not a Type IV security; and
(4) Fully secured by interests in a pool of loans to numerous
obligors and in which a national bank could invest directly.
00:04:25
[updated 05-04-2009]
http://edocket.access.gpo.gov/cfr_2009/janqtr/12cfr1.3.htm
12 CFR 1.3
Sec. 1.3 Limitations on dealing in, underwriting, and purchase and sale of
securities.
(a) Type I securities. A national bank may deal in, underwrite,
purchase, and sell Type I securities for its own account. The amount of
Type I securities that the bank may deal in, underwrite, purchase, and
sell is not limited to a specified percentage of the bank's capital and
surplus.
(b) Type II securities. A national bank may deal in, underwrite,
purchase, and sell Type II securities for its own account, provided the
aggregate par value of Type II securities issued by any one obligor held
by the bank does not exceed 10 percent of the bank's capital and
surplus. In applying this limitation, a national bank shall take account
of Type II securities that the bank is legally committed to purchase or
to sell in addition to the bank's existing holdings.
(c) Type III securities. A national bank may purchase and sell Type
III securities for its own account, provided the aggregate par value of
Type III securities issued by any one obligor held by the bank does not
exceed 10 percent of the bank's capital and surplus. In applying this
limitation, a national bank shall take account of Type III securities
that the bank is legally committed to purchase or to sell in addition to
the bank's existing holdings.
(d) Type II and III securities; other investment securities
limitations. A national bank may not hold Type II and III securities
issued by any one obligor with an aggregate par value exceeding 10
percent of the bank's capital and surplus. However, if the proceeds of
each issue are to be used to acquire and lease real estate and related
facilities to economically and legally separate industrial tenants, and
if each issue is payable solely from and secured by a first lien on the
revenues to be derived from rentals paid by the lessee under net
noncancellable leases, the bank may apply the 10 percent investment
limitation separately to each issue of a single obligor.
(e) Type IV securities--(1) General. A national bank may purchase
and sell Type IV securities for its own account. Except as described in
paragraph (e)(2) of this section, the amount of the Type IV securities
that a bank may purchase and sell is not limited to a specified
percentage of the bank's capital and surplus.
(2) Limitation on small business-related securities rated in the
third and fourth highest rating categories by an NRSRO. A national bank
may hold small business-related securities, as defined in section
3(a)(53)(A) of the Securities Exchange Act of 1934, 15 U.S.C.
78c(a)(53)(A), of any one issuer with an aggregate par value not
exceeding 25 percent of the bank's capital and surplus if those
securities are rated investment grade in the third or fourth highest
investment grade rating categories. In applying this limitation, a
national bank shall take account of securities that the bank is legally
committed to purchase or to sell in addition to the bank's existing
holdings. No percentage of capital and surplus limit applies to small
business related securities rated investment grade in the highest two
investment grade rating categories.
(f) Type V securities. A national bank may purchase and sell Type V
securities for its own account provided that the aggregate par value of
Type V securities issued by any one issuer held by the bank does not
exceed 25 percent of the bank's capital and surplus. In applying this
limitation, a national bank shall take account of Type V securities that
the bank is legally committed to purchase or to sell in addition to the
bank's existing holdings.
(g) Securitization. A national bank may securitize and sell assets
that it holds, as a part of its banking business. The amount of
securitized loans and obligations that a bank may sell is not limited to
a specified percentage of the bank's capital and surplus.
(h) Pooled investments--(1) General. A national bank may purchase
and sell for its own account investment company shares provided that:
(i) The portfolio of the investment company consists exclusively of
assets that the national bank may purchase and sell for its own account;
and
(ii) The bank's holdings of investment company shares do not exceed
the limitations in Sec. 1.4(e).
(2) Other issuers. The OCC may determine that a national bank may
invest in an entity that is exempt from registration as an investment
company under section 3(c)(1) of the Investment Company Act of 1940,
provided that the portfolio of the entity consists exclusively of assets
that a national bank may purchase and sell for its own account.
(3) Investments made under this paragraph (h) must comply with Sec.
1.5 of this part, conform with applicable published OCC precedent, and
must be:
(i) Marketable and rated investment grade or the credit equivalent
of a security rated investment grade, or
(ii) Satisfy the requirements of Sec. 1.3(i).
(i) Securities held based on estimates of obligor's performance. (1)
Notwithstanding Sec. Sec. 1.2(d) and (e), a national bank may treat a
debt security as an investment security for purposes of this part if the
security is marketable and the bank concludes, on the basis of estimates
that the bank reasonably believes are reliable, that the obligor will be
able to satisfy its obligations under that security.
(2) The aggregate par value of securities treated as investment
securities under paragraph (i)(1) of this section may not exceed 5
percent of the bank's capital and surplus.
00:06:00
A note is a Type IV security. Bank can purchase and sell as many as they
wish, but they may not use their capital or customers’ deposits, or owned
notes for that purpose. It has value.
According to contract law, the borrower must be fully informed that he is
creating the money, and the bank is buying his note. Or, that the bank is
actual a servicer of the note. Otherwise, the contract is unconcionable and
void.
Either the bank is committing a fraud upon the court, or it is violating the
basic prohibition against using the Capital, Deposits, and Notes (CDN).
The bank is purchasing your purchasing power when it receives the note. It
misrepresents itself in that it is not actual lending institution, but rather
it is a service institution.
The bank does a credit report because they want to be certain that you have
the purchasing power.
00:09:19
[updated 05/04/2009]
http://edocket.access.gpo.gov/cfr_2009/janqtr/12cfr1.6.htm
12 CFR Sec. 1.6 Convertible securities.
A national bank may not purchase securities convertible into stock
at the option of the issuer.
The Fannie Mae or GMAC prospectus will show what they are offering.
424b3 or 424b5 form has the official detail, and is filed with the SEC.
00:11:57
[updated 05-04-2009]
http://www.fanniemae.com/markets/debt/understanding_fm_debt/debt_issuance_act
ivities.jhtml?p=Debt+Securities&s=Understanding+Fannie+Mae+Debt&t=Debt+Issuan
ce+Overview
Fannie Mae's Funding Philosophy
Fannie Mae takes a long-term approach to its funding strategy. This is because of Fannie Mae's
continuous requirements for large amounts of funding to carry out its mission. We believe it is
incumbent on us to work in the best interest of investors and not to issue opportunistically for
short-term gain. We endeavor to structure debt products that match the needs of our portfolio to
the interests of the market. When anticipating the issuance of any new debt security, Fannie
Mae works diligently with its dealers to gauge demand for various types of securities and to
ensure that there will be solid distribution of a security once it is brought to market. Fannie
Mae has demonstrated a long-term commitment to investors in the way we bring issues to market
and monitor their performance in the secondary market.
Fannie Mae's Status as an Issuer
Fannie Mae's debt obligations are treated as U.S. agency securities in the marketplace, which is
just below U.S. Treasuries and above AAA corporate debt. This agency status is due in part to
the creation and existence of the corporation pursuant to a federal law, the public mission that it
serves. Fannie Mae's senior unsecured debt has been rated "AAA," "Aaa," and "AAA"
respectively by Fitch, Inc., Moody's Investors Service, and Standard & Poor's. Fitch, Moody's,
and Standard & Poor's rate Fannie Mae's short-term debt "F1+," "Prime-1" or "P-1," and "A-1+,"
respectively. Fannie Mae's debt securities are unsecured obligations of the corporation and
are not backed by the full faith and credit of the U.S. Government.
Regulatory Treatment of Fannie Mae Debt Securities
Fannie Mae debt obligations receive favorable treatment from a regulatory perspective. It is
because of our U.S. agency status in the market, high credit quality, and public mission as stated
in the charter act under which we operate that our debt is afforded such favorable treatment. The
charter act actually limits Fannie Mae's business to activities that provide support and stability to
the secondary mortgage market, especially those activities that promote housing for low- and
moderate- income families. Fannie Mae securities are "exempted securities" under the laws
administered by the U.S. Securities and Exchange Commission to the same extent as U.S.
Government obligations. Also, Fannie Mae debt qualifies for more liberal treatment than
corporate debt under U.S. Federal statutes and regulations, and to a limited extent, foreign
overseas statutes and regulations. Some of these statutes and regulations make it possible for
deposit-taking institutions to invest in Fannie Mae debt more liberally than in corporate debt and
mortgage-backed and asset-backed securities. Others enable certain institutions to invest in
Fannie Mae debt on par with obligations of the United States and in unlimited amounts.
00:14:20
Updated 06-03-09
REAL ESTATE SETTLEMENT PROCEDURES
http://frwebgate.access.gpo.gov/cgibin/
usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc12.wais&start=9805293&SIZE=8819&TY
PE=TEXT
12 USC Sec. 2602. Definitions
For purposes of this chapter--
(1) the term ``federally related mortgage loan'' includes any
loan (other than temporary financing such as a construction loan)
which--
(A) is secured by a first or subordinate lien on residential
real property (including individual units of condominiums and
cooperatives) designed principally for the occupancy of from one
to four families, including any such secured loan, the proceeds
of which are used to prepay or pay off an existing loan secured
by the same property; and
(B)(i) is made in whole or in part by any lender the
deposits or accounts of which are insured by any agency of the
Federal Government, or is made in whole or in part by any lender
which is regulated by any agency of the Federal Government, or
(ii) is made in whole or in part, or insured, guaranteed,
supplemented, or assisted in any way, by the Secretary or any
other officer or agency of the Federal Government or under or in
connection with a housing or urban development program
administered by the Secretary or a housing or related program
administered by any other such officer or agency; or
(iii) is intended to be sold by the originating lender to
the Federal National Mortgage Association, the Government
National Mortgage Association, the Federal Home Loan Mortgage
Corporation, or a financial institution from which it is to be
purchased by the Federal Home Loan Mortgage Corporation; or
(iv) is made in whole or in part by any ``creditor'', as
defined in section 1602(f) of title 15, who makes or invests in
residential real estate loans aggregating more than $1,000,000
per year, except that for the purpose of this chapter, the term
``creditor'' does not include any agency or instrumentality of
any State;
(2) the term ``thing of value'' includes any payment, advance,
funds, loan, service, or other consideration;
(3) the term ``Settlement services'' includes any service
provided in connection with a real estate settlement including, but
not limited to, the following: title searches, title examinations,
the provision of title certificates, title insurance, services
rendered by an attorney, the preparation of documents, property
surveys, the rendering of credit reports or appraisals, pest and
fungus inspections, services rendered by a real estate agent or
broker, the origination of a federally related mortgage loan
(including, but not limited to, the taking of loan applications,
loan processing, and the underwriting and funding of loans), and the
handling of the processing, and closing or settlement;
(4) the term ``title company'' means any institution which is
qualified to issue title insurance, directly or through its agents,
and also refers to any duly authorized agent of a title company;
(5) the term ``person'' includes individuals, corporations,
associations, partnerships, and trusts;
(6) the term ``Secretary'' means the Secretary of Housing and
Urban Development;
(7) the term ``affiliated business arrangement'' means an
arrangement in which (A) a person who is in a position to refer
business incident to or a part of a real estate settlement service
involving a federally related mortgage loan, or an associate of such
person, has either an affiliate relationship with or a direct or
beneficial ownership interest of more than 1 percent in a provider
of settlement services; and (B) either of such persons directly or
indirectly refers such business to that provider or affirmatively
influences the selection of that provider; and
(8) the term ``associate'' means one who has one or more of the
following relationships with a person in a position to refer
settlement business: (A) a spouse, parent, or child of such person;
(B) a corporation or business entity that controls, is controlled
by, or is under common control with such person; (C) an employer,
officer, director, partner, franchisor, or franchisee of such
person; or (D) anyone who has an agreement, arrangement, or
understanding, with such person, the purpose or substantial effect
of which is to enable the person in a position to refer settlement
business to benefit financially from the referrals of such business.
If there is a federal document in the settlement papers, then it is known as
a “federally related mortgage”.
FRB publication: Rules Regarding Availability of Information
If a RESPA request is made, the bank may respond with a letter which will
contain some form of dunning statement or admission that it is acting as an
agent. That indicates that it is a service rather than have an interest in
the debt. For that reason they would have no standing to sue.
12 USC 3754
Sec. 3754. Designation of foreclosure commissioner
(a) In general
The Secretary may designate a person or persons to serve as a
foreclosure commissioner or commissioners for the purpose of foreclosing
upon a single family mortgage.
(b) Power of sale
A foreclosure commissioner designated under this section shall have
a nonjudicial power of sale.
(c) Qualifications
The foreclosure commissioner, if a natural person, shall be a
resident of the State in which the security property is located and, if
not a natural person, the foreclosure commissioner must be duly
authorized to transact business under laws of the State in which the
security property is located. No person shall be designated as a
foreclosure commissioner unless that person is responsible, financially
sound, and competent to conduct a foreclosure.
(d) Designation procedure
(1) Written designation
The Secretary may designate a foreclosure commissioner by
executing a written designation stating the name and business or
residential address of the commissioner, except that if a person is
designated in his or her capacity as an official or employee of a
government or corporate entity, such person may be designated by his
or her unique title or position instead of by name.
(2) Substitute commissioners
The Secretary may, with or without cause, designate a substitute
foreclosure commissioner to replace a previously designated
foreclosure commissioner.
(3) Number
More than 1 foreclosure commissioner may be designated at any
time.

 


Maybe you are smart enough to get what I have put down in my notes maybe not but this is the course to go on as even here I hadn't figured out the rules of hell I hadn't read GAAP GAAM or FAS Standards before this so it doesn't make quite the point I ended up with but close enough for hand grenades and horse shoes.

Naked Capitalism gave me the pages to start with in the FAS standards its like page 41 or so of rule 167 166 5 95 and 140 also state information you need. So get reading and I will check back later. 

Love, hope and courage to all facing these hard times.

 

You know I am a descendant of George Washington through his wife Martha Butler, Pierce Butler, Charles Cotesworth Pinkney, Charles Pinkney and Charles Rutledge the Middleton's and the Mease's all the founders of this country.

When I say that I don't remember it being said that our family believed in the crap we are doing now in this country you can believe me on this. People today keep trying to say how the founding fathers would have seen it like this or that or that the founding fathers didn't believe in this or that, bull and that' a fact. Sorry it just gets to me some days.

I have the luxury of looking at my history, family and otherwise, through the lens of over a thousand, almost 2000 years of recorded history and it gives me a very grounded feel for things. I can look up and read what my great great great etc grandfather would have done in his life as it is recorded in English history for me to do so.

 

Sincerely Charlton Butler

I'll check back in 2 weeks please read GAAP GAAM and the standards 5 95 140 133 166 167

Hope this clarifies, if not I don't know what to tell you.

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Oh heck I forgot that this didn't even take into account the issues surrounding a True Sale which believe me there is a lot of ground there to argue about. Ie. The lender/originator keeps enough of the interest in the loan with servicing rights to void any true sale and I can find my notes on that if you'd like.

I recently read a couple of law review articles from Fordham and Pepperdine on these subjects I will look up the articles and get back with you if that's ok. I am just really busy atm.

Sincerely
Charlton

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Bill
Charlton,

Your "Wing Nut Theories" are wrong.  Just like Neil Garfield, your are suggesting people read hundreds of pages to interpret banking regulations which just won't help anyone fighting to keep their home.  It will just waste the precious little time a Pro Se would have researching REAL defenses, reading case law, and learning the rules.  Lets revisit your first post:

Quote:

The main thing, and what question people should ask is: WHY DO THE BANKS NEED TO MAKE SO MANY DOCUMENTS? Because they destroyed the promissory note thereby extinguishing the debt as a secured by property debt


Rather than reading your hundreds of pages of garbage with no relevance in a foreclosure proceeding before a judge... Lets look at the REAL answer....


U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS
..PART 3. ENFORCEMENT OF INSTRUMENTS

§ 3-309. ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT.

  • (a) A person not in possession of an instrument is entitled to enforce the instrument if (i) the person was in possession of the instrument and entitled to enforce it when loss of possession occurred, (ii) the loss of possession was not the result of a transfer by the person or a lawful seizure, and (iii) the person 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.
  • (b) 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. If that proof is made, Section 3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.



http://www.law.cornell.edu/ucc/3/3-309.html


All of the states follow the UCC in regards to negotiable instruments (or have adopted a similar UCC of their own).  There are some small nuances in different jurisdictions, but clearly if a note is lost, destroyed, burned, run over by your car, or for any other reason you name is not available, there is a means to enforce the note.  This is supported by case law in ALL jurisdictions. 

A quick way to lose your home is to go before a judge and insult his intelligence by making the argument you suggest:

Quote:

they destroyed the promissory note thereby extinguishing the debt as a secured by property debt


You purchased a home with the money you received from a bank because you signed a note.  You executed a mortgage.  You have the home and enjoy it/live there. 

To say it in any way extinguished the debt because they can't produce the Note or that in some way the note is NOW unsecured will most likely ANGER the judge by suggesting he is stupid.  You are pretty much asking for a free house.  

This argument has FAILED and will CONTINUE to FAIL.  The "Produce the Note" strategy caught the banks off guard a few years ago, it is no longer a surprise and most homeowners will get VERY LITTLE mileage out of the argument. 

Most of the time this will HURT the homeowner's case because they can ultimately produce an original note.   

If you have some case from some state (of course all the long time posters here know you don't) that supports
Quote:
they destroyed the promissory note thereby extinguishing the debt as a secured by property debt
please post it and I'll be happy to read it.  I am not going to waste time to read banking regulations and try to interpret the intent of congress and see if I think it would help me.

I just can't see how HUNDREDS of super sharp foreclosure defense attorneys "missed" this important information and failed to make these arguments allowing thousands of homeowners to be wrongfully foreclosed upon.    

Guess we'll just have to take your word for it. 

I'm not an attorney, this isn't legal advice. 
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Your "Wing Nut Theories" are wrong."

The Argument about case law is extremely weak considering that most people, regardless of good advice seek statute, Federal Rule and such to fight these idiots the banks. Banks that, may I remind you have had banking and consumer law under attack for years to produce a result legally that would have made discovery of this issue non existent.

Number two, also a piece of advice from my 45 years of experience as a corporate attorney Uncle, which was it IS ALWAYS IN THE ACCOUNTING look at most criminals brought down and that is the reason. Greed gentlemen, above all else save good intelligent thought it is greed that we must look at. These people are dealing with people of whom are all criminals.

The only method they have of tracking their share of the pie is...wait for it...wait for it... Acounting yea!!!!!!!!! and they have to move all this money legally through the companies they are, for all intents and purposes raiding the coffers of, and thus it is in these rules that they screwed up because some rules you can't break and not leave a trail or set off warning bells.

Yes I have several documents I think it is either SRN Denton or the American secuitization Association. Discussing, in industry speak of course about the facts concerning the property underlying the MBS's. I thought I gave you a copy or I pulled it from your site along with this one from your site. About the Florida Bankers Association testimony about destroying the notes.

The ignorant thing here is that they were not just testifying about Florida they were talking about the whole damn industry whether they say so or not directly. And this from this site can't you put two and two together?

Quote:


The main thing, and what question people should ask is: WHY DO THE BANKS NEED TO MAKE SO MANY DOCUMENTS? Because they destroyed the promissory note thereby extinguishing the debt as a secured by property debt



Rather than reading your hundreds of pages of garbage with no relevance in a foreclosure proceeding before a judge... Lets look at the REAL answer...."

Let me start with the only thing you said that was important and not for you but anyone reading your answer to anything.

"Rather than reading your hundreds of pages of garbage with no relevance in a foreclosure proceeding before a judge... Lets look at the
REAL answer...."

First having read nothing you are absolutely the height of stupidity as you admit your deliberate ignorance therefore none of your statements can be taken as anymore than garbage as you did not, by self admission respond to my arguments and for the record they, as stated about the information I gave you, are, as stated, MY Fraking notes you dink.

Put em in order as the law cites they are and the statutes they are. if you can't you're screwed you and thus you expect someone to do it including shaking it twice there sparky?

Expect someone to spoon feed you and do all the heavy lifting for you too? No wonder you get off taking you failures in life and that deep sense of impotency out on the more knowledgeable.

What? did I disturb the power quo here? Are you the high guru and I popped you current bag of BS on your shorts? Sorry but Geeks like me got Capone and a number of other criminals, when the law and order types like you kept coming up with bukkus, put away.

Criminals keep up with their money you can count on that so if that's true follow the accounting law as they had to break a bunch to accomplish their goals.

Have fun I'll keep checking YOUR FRONT PAGE where it is that I got the leads to follow to find this mess you so disregard. So pee on you and I won't be back. If no one wants good advice then more power to you. Go ahead please please believe the idiot that tells you he didn't read the information but he knows A: I am an idiot, easy to infer from what he said and B: Is so sure what is listed is so un-useful and without use in court AGAIN without reading "the usual bag of crap" what a genius I want to follow this moron ....well nowhere that's for sure, and without anything to back it up so they are a hypocrite as well since that is the empty charge leveled against me isn't it?

I certainly will not be suggesting the forum site to anyone maybe the MSFraud front page where the real information is. Since the idiots in interpretation in forums can't be bothered to read what they dismiss with such rancor and disturbing exuberance. I suggest people stay away from these jackwads and just stick to the informative section the front page of MS Fraud provides since the morons who I have always thought were bank shills argued what was obtained from the front page at msfraud.org
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George Burns

Now that is a coherent post. So easy to understand, a caveman could do it.

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Adam

Quote:
Number two, also a piece of advice from my 45 years of experience as a corporate attorney Uncle, which was it IS ALWAYS IN THE ACCOUNTING look at most criminals brought down and that is the reason.  


So it turns out that Charlton Butler is actually a "corporate attorney Uncle".  This gives his posts peerless authority.

For my own part, I am a Ph.D. Psychologist Uncle, also with over fifty years of experience as a Surgeon's grandson!!!  On the strength of the former credential, I can confidently state that Charlton is in need of a brain transplant with a reasonably bright lab rat, chipmonk or other species of higher intelligence as brain donor.  This could result in better thought out and more coherent posts by Charlton in the future.

On the basis of the latter credential as a Surgeon's grandson (and in the spirit of Mike H.'s ongoing unauthorized practice of law), I am willing to volunteer to act as a surgeon to perform the brain transplant for Charlton at no charge, as long as Charlton supplies the lab rat or chipmonk and signs all the necessary waivers.  Mike H. will provide the waivers, releases, and indemnity agreements for me using his usual forms, modified for the unauthorized practice of medicine rather than of law. 

As can be seen from my post, my credentials give me great authority both to diagnose and correct Charlton's problems, with results that are assuredly going to be much better than engaging Mike H. to do legal work! 

If anyone knows of a snake that needs an ethics transplant, Mike H. could be a very compelling donor capable of furnishing ethics of a much lower order than almost any snake.  Regrettably, I cannot volunteer to perform this transplant procedure, because any snake willing to accept Mike H.'s ethics would be so highly venomous and deadly that the procedure would likely prove to be fatal for the surgeon.  Also, I do not have any relatives that are veternarians, qualifying me to perform surgery on reptiles, so I would be ineligible to operate on Mike H.

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Bill
It's always pretty funny when all these people like Mike H and Charlton with "wing-nut" theories are confronted with cases and relevant statutes they just fall apart..  Rather than reply with a case that has a ruling in support of their position, they ramble on and on.   

Quote:
The Argument about case law is extremely weak considering that most people, regardless of good advice seek statute, Federal Rule and such to fight these idiots the banks.

It's also amazing that someone having a LACK of case law is a weak argument.  I'm sure the Trial Court, Appellate Court, and Supreme Court of any jurisdiction will disagree.  I'll bet you ANY amount of money that these "idiot" banks have plenty of case law to support taking your home.

A statement like this shows a TOTAL LACK of any understanding of our judicial system.  Maybe your Uncle can explain that one to you.






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Carol

Quote:
A statement like this shows a TOTAL LACK of any understanding of our judicial system.  Maybe your Uncle can explain that one to you. 

 

I wonder if Chalton's legal knowledge is acquired through osmosis by a laying on of hands by his uncle, whether this wisdom is acquired through occasional discussions at family gatherings or whether he has actually studied law or apprenticed with his uncle.  The quality of the writing and reasoning hardly gives us a reason to have any confidence no matter the basis for his asserted expertise.

 

On balance, I do not think that I would want Adam operating on me or my children no matter how skilled a surgeon his grandfather proved to be.  Of course, we all know that Mike H. cannot be trusted.  Mike cannot string together a single coherent argument that can stand up to the Forum regulars.  Charlton similarly seems to be a bit of a space cadet.  It is probably better to get a real lawyer.

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