Ladies and Gentlemen:
As Independence Day 2012 has come and gone six days ago I hope you give some consideration to my
argument of how there is no need for mediation or modification of mortgages:
There CANNOT be any foreclosures because there never was any REAL money lent to the borrower!
There was no legal initial mortgage contract to begin with as there was:
- No Consideration...i.e. no money....no loan: "..can only be considered a purported loan/ Has Fictitious or Illusionary Consideration; (see Montgomery vs. Daly)
- An interest bearing Mortgage Contact can not possible be fulfilled by everyone because of usury ( Where does the interest come from if there was only one mortgage contract in the world.) therefore it is Civilly Void and Unenforceable;
- False statements are signed by the borrower. i.e A False Document
- Part of a Bait and Switch; The bankers and lawyers string you along into signing these false documents thinking you have a loan and are the borrower when in fact you are the creditor and have GIVEN them or they HAVE STOLEN your credit.
The contract is a wagering Provision; Both the borrower and
the banker have come together with nothing ( the bankers have no money and the
borrower has no home) and leave with something: . "Purported borrower"
"AGREEs" to make payments"..Bank agrees to accept them. "truly
gambling"but the homeowner is not aware of this "crime" and would never sign if
told.
Recently, as you know, I have researched and picked apart various causes for
the economic crisis we are in: the high rate of unemployment, increasing
foreclosures, poverty, war, bankruptcies, resources being abused, and
plutocracy. (Please check my various e-mail over the last two years.) I have
concluded that our current debt-based monetary system is based on dishonesty
and fraud with very little transparency. ) therefore the need for honest public
banking!
Here is where the LARGER FRAUD of securitization, no assignments to the trust etc. started. I call it the DECEPTION AT CONCEPTION!
The real point I'd like to bring out is that BANKS DON'T LEND MONEY per se.
They monetize the borrower's CREDIT! So there is really never ever any MONEY
involved here......No one is actually harmed.....Most people hearing those
statements have a bit of "cognizant dissonance." That is, the mind is
repelled by the very thought! "Makes us uncomfortable". I certainly was. And it
took me 7 years to figure it out.
Banks, in my opinion, are merely accounting firms and should/could be paid a
fee for making the transactions...Not the ever increasing simple or compounding
interest they charge now. This is usury and this legal usurious position has
been used to create the criminal fraud, deception and illegalities which your
office and the whole county is currently seeing as foreclosure deception on the
personal level, forged documents in the court on the state level and securities
fraud on the federal level!
When a homeowner borrows he or she has a credit rating. That credit rating is
looked into by the bank's risk management and a decision is made. Once the
application is approved, (the person will pay back the loan,) a contract is
made. The person believes they sign a contract that more or less states that
they are borrowing money from the bank and are obligated to pay it back;
principal with interest....just as if I borrowed money from you...I would feel
obligated to pay you back and perhaps even gift you some gift for your trouble
or risk!
Anyway, what really happens at the contractual level is a bait and switch where
the bank baits the homeowner into believing the bank is lending them money,
when in fact the bank is not lending any money, but rather is extending to the
homeowner THEIR MONEY or CREDIT".Why on EARTH would anyone want to pay interest
on their money! We certainly have been fooled. Now, the question is: Do you
believe it? I would like to know.
Let me explain the "False Document" for now...more later...if you want.
Most people who are about to become homeowners naively sign a form that usually
has in some form or another these two statements:
Statement number one: I, John Doe, being registered as owner of an
estate in fee simple of the following lands: (description of property).
Statement number two: In consideration of the sum of ( Principal Amount)
lent to me by Bank XYZ, the receipt and sufficiency of which is hereby
acknowledged do hereby covenant as follows: ( mortgage terms and conditions.)
This is a FALSE contract to begin with because these TWO sworn statements are
false!
1. John Doe is not the registered owner of the state before he signs.
2. John Doe has not been lent any money before he signs.
Now you MUST ask yourself why does the lawyer(s) get John Doe to sign under
oath and penalty of perjury that they are the existing registered owner, and
that the bank has already paid them the named Principal amount.
Do not think this is a mere technicality!
The bank places a HUGE reliance on this "False Receipt" mortgage
clause for its funding! The bank uses this seemingly pre-funded security
instrument to obtain "collateralized money". That is, money backed by
some home, house, building or land. The bank immediately sells this
document/loan and eventually it is securitized...more on that later.
It is the promise to pay by the borrower that is the money: the signature of
the borrower is a valuable "STREAM OF INCOME". The bank has extended
or monetized the CREDIT of the borrower. The BORROWER has created
"NEW" money in the monetary system based on their ability to pay the
principal and interest. (As a side note: Other borrowers must borrow to have
this be a fully executable contract, another reason why this contract is false:
it is unfulfillable if everyone were to stop borrowing. More money MUST be
loaned into the system for the initial borrower to pay the principal AND THE
INTEREST right after the borrower signed). ((You must see that the banks never
lends out the interest demanded.))
As you must know, IF a writing, as in the above typical document, is a
FALSE DOCUMENT as and when nominally executed or delivered, then NO SUBSEQUENT
TREATMENT can cure that defect between the parties. THIS IS CRUCIAL!
Understanding this would solve all the problems you are having with the banks
and with the settlement and with the foreclosures ....wouldn't it?.....
As you must know, the above document purports itself to be a pre-funded
liability of the borrower, as and when issued, and which is objectively and
demonstrably FALSE, as and when issued. It is in-fact an executory or
unfunded-liability, purporting on its face to be an executed or pre-funded
financial liability and security. It is a FORGERY in the ordinary legal sense
in that it is "a document which tells a lie about itself."
I hope this is helpful!
Call me or e-mail with your comments
HAPPY sis days after INDEPENDENCE DAY 2012
David Snieckus
617-964-2951
in Maine now July 3rd to July 15th 207-833-2847
Here's what's happening in New Hampshire: click here
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