Constitution Club

URGENT PLEA FROM TOTALLY DISABLED INJURED WORKER, FEMALE SENIOR CITIZEN WHEELCHAIR USER

I need help now.

I have no money, no one to turn to for help.

I am totally disabled, can't sit up for long without pain, could not go to court April 15 due to my disabilities and my wheelchair has been broken down for months.

The judge gave them my HOUSE, no proof from a bank that does not have nor EVER has had a contract with me, they FORGED my name and they plan on stealing my house.

I will fight alone, and likely die alone here at my home of 38 yrs, if someone does not help me.

I'm scared. Is there anyone that can help me. I live on total disability and am pretty much stuck here, I have to get out a couple times a month for groceries, A MONTH, and if I could get out of doing that I would.

HELP?

Thank you

270-922-0936

Carol Roberts

Views: 231

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Comment by WheepingWillow2 on April 24, 2014 at 4:48pm

Comment by Carl Collicott on April 24, 2014 at 6:47am

WeepingWillow, CFO, stands for chief Financial Officer, and time permitting, I’ll draft you a template “administrative” letter, oh yea, I know time is a matter, but when you are talking with these people, ask them to restate their position in writing, and to cite the legal authority.

 What we want to do is nail them with the Regulations, as way of example, it’s one thing to refer to a “home” as a dwelling in the code, it’s a totally different matter to define “dwelling” in the regulations as a “room”. Now here’s a secret, it’s referred to a “Maxim of Law”, one of the provisions is, the “first” time a “term” is used, and defined, that “term” always means the same thing, ALL the foreclosure code state the entity is foreclosing on a 1 family dwelling, or a 1 to  4 family dwelling, these have to be “rooms”, no way out.

                    “…[N]either the statute nor the regulations are complete without the other, and only together do they have any force. In effect, therefore, the construction of one necessarily involves the construction of the other.”
                              United States v. Mersky, 361 US 431, 437, 438 (1959);

Now here’s a favorite ploy used by the banks”. It may vary, but it all goes something like this, “well we are certainly sympathetic to your position, after all losing you residence is harsh, however, in order for the “bank” to reverse its actions so far, you will have to “tender” the full amount of the “loan”, pay it off, in other words. So what are they talking about, well the “tender” requirements is located in Title 24 Code of Regulations (CFR), it deals with  “Public Housing” debenture bonds, and the fiscal agent for all of it is the Department of the Treasury. The checkmate is the only entity that can “tender”, has to be a member of the FDIC, the Federal Deposit Insurance Corporation.

They may resort to this “ploy’, directly to you, or simply file some bogus paper with the court, and proceed against you. Now it may be prudent on your part to be proactive, you’re dealing with sociopaths. Instruct the “bank’ that you are aware of the often used deceptive “practice” of  requiring ‘tender”, that your “ private real residential property”, has no connection with “rental Public housing”, or HUD located in a ‘territory”, no connection with  debenture bonds issued by the state “Housing Authority’, and you are not listed with the FDIC, nor can be.. Any such filing will be an additional charge of fraud!

 In sending your papers, write I specifically reserve the right to amend, and / add additional information.

Pasted below is the “tender” of payment under HUD Title 24 CFR section 203.608

Title 31 C.F.R. are the regulations for  HUD “payments’

TITLE 24 — HOUSING AND URBAN DEVELOPMENT [ 24 CFR ]

http://cfr.regstoday.com/24cfr203.aspx

 

 

§203.608   Reinstatement.

The mortgagee shall permit reinstatement of a mortgage, even after the institution of foreclosure proceedings, if the mortgagor tenders in a lump sum all amounts required to bring the account current, including foreclosure costs and reasonable attorney's fees and expenses properly associated with the foreclosure action, unless: (a) The mortgagee has accepted reinstatement after the institution of foreclosure proceedings within two years immediately preceding the commencement of the current foreclosure action, (b) reinstatement will preclude foreclosure following a subsequent default, or (c) reinstatement will adversely affect the priority of the mortgage lien.

31 CFR 337.0 - Scope of regulations.

http://www.law.cornell.edu/cfr/text/31/337.0

§ 337.0 Scope of regulations.

The United States Department of the Treasury is the agent of the Federal Housing Administration for transactions in any debentures which have been or may be issued pursuant to the authority conferred by the National Housing Act, 12 U.S.C. 1701 et seq., as amended from time to time, including Mutual Mortgage Insurance Fund Debentures, Housing Insurance Fund Debentures, War Housing Insurance Fund Debentures, Military Housing Insurance Fund Debentures, and National Defense Housing Insurance Fund Debentures. In accordance with the regulations adopted by the Federal Housing Commissioner and approved by the Secretary of the Treasury, such transactions are governed by regulations of the Department of the Treasury, so far as applicable. The Bureau of the Public Debt, Office of Public Debt Accounting operates the *FHA debenture computer system and performs the day-to-day operations and transactions relating to the debentures.

[66 FR 56432, Nov. 8, 2001]

                            THE LAW LEAVES THE WRONGDOER WHERE IT FINDS THEM

The Law leaves wrongdoers where it finds them. See sections 50, 51 and 52 of Am Jur 2nd "Actions" on page 584 – "no action will lie to recover on a claim based upon, or in any manner depending upon, a fraudulent, illegal, or immoral transaction .

 

 

Comment by WheepingWillow2 on April 24, 2014 at 6:29am

WAS THAT YOU that tried calling me yesterday with an unpublished number? if so plz call back ok? thanks

Comment by WheepingWillow2 on April 23, 2014 at 8:35am

cut and paste what particular info? I forget what the CFO stands for. I know it's to do with some big wig at the bank but what's that stand for again? I cannot thank you enough for this wealth of info.

Well I called the attorney yesterday informed them they were committing fraud, which I had already informed them AND the court of this in Motions, but that was only about the proof I had on documents they presented to commit the fraud before the court.

So I called them yesterday with this new info on the 10 yrs 1 MILLION dollar fine, told this attorney about that law 18 USC 1 and then today I landed the bomb on them with the info you were kind enough to teach me. So I TOLD her, she and Lerner Sampson & Rothfus, had 2 days to retract their actions, that I was giving her a chance to redeem herself and her collection agency, also I asked her if she had time to look up what I gave her yesterday, she said yes, I said well here's some more so I told her this stuff, I told her also the 18 USC 241 and 242 that, that was another 10 yrs and that they had 2 days to send by special courier proving they've retracted all actions and notified the Court, or they are EACH facing 20 years in a Federal Prison. She (the att) then wanted me to talk to her CO which I did. I informed her, and hung up. Then I thought of something else and called her ars back and told them they had a paper coming to them, and I wanted the money that was asked for in it, or else the papers will fly. So we'll see what happens. Thanks

Comment by Carl Collicott on April 23, 2014 at 7:50am

WeepingWillow,

U say you have the originals, papers, forms whatever. May I have copies? Would I not need them?

Answer; Yes I have them, stashed in my files, I’ll find them, they may come in handy, by the way all the states have an agreements with the gov. on this.

So should I just quote all this stuff in some sort of Appeal before the Court of Appeals or should I file an Injunction against the judge for his and their illegal actions?

Answer; years ago, I assisted a friend with a foreclosure, no bankruptcy thou, not that that matters, I told him look, if we send the CFO of BOA a letter, and lay it all out, and inform him that the intent of the letter is  to exhaust any “unknown” administrative  appeal, and if we had to sue the bank, we were going to evidence the letter, 4 days later the CFO of BOA, in N.C., called my friend several times, I instructed him to keep all correspondence in writing, he didn’t answer. One week later he received a letter (overnight express) that stated, “  the legal issues You raised are very important, and deserve to be addressed, however, we have no record of any claim to your property!, how about that. I wished we had known the Federal side of it (what I shared with you), they proceeded against him using  “state codes”. We didn’t know that federal trumps the states, when it comes to public housing, I found the “root” of the state side of it, and it’s for  “public housing”, we are going back into court. Consider this approach, find the CFO for the bank, cut and paste the info, and send it certified, with receipt of delivery, maybe they don’t want the fight!

By the way, how does one get anything enforced since I cannot take this before a JUDGE?


Who may I report this to, on FRAUD having been committed? When both the JUDGE and the 3rd party collection agency portrayed this fraud?


I had heard years ago that a third party cannot appear in court on such matters, do you know about this?

Answer; although I’ve done legal research for 20 years, the litigating part of it is limited on my part, I’ve heard that a “void judgment” works wonders, a lot of people have samples on line, you might file a writ of mandamus, (show me you have the authority), this one would probably have to be filed in Federal Court, if you do this one use the provisions of the Tucker Act, this is fast track for situations like yours.

You might file a complaint with the state Banking Authority, since National Banks are chartered, instruct them the  banks are committing a crime akin to “inland piracy”, do a cut and paste

I might leave the Judge alone, you never know what back room dealings are going on, he’ll get dragged into it in due time.

There is a high court decision, addressing a “friend” appearing for a person that is “limited”, I’ll try to find it it’s called a “brotherhood” provision, something like that, it’s a real sweet decision.

Whatever you send, send a copy to the CFO,

should I file an appeal or an injunction?

Answer; you might request a conference at the time of sending the info, I don’t want to mislead you.

Now for the real question

 Are all the “home” loan document unenforceable? Yes!

The party that agrees to the “terms”, is not informed that the “loan document” was drafted by Congress, for Public Housing, and the banks boot-legged the form. The party is not informed that the “enforcement” will conducted by provisions relating to the National Housing Act, if the banks want to maintain that they are instrumentalities of the government, the loan  forms has to have a OMB approved number , the loan document don’t. see below.

 

RED CROSS LINE v. ATLANTIC FRUIT CO.

No. 112.

Argued: Nov. 14 and 15, 1924.

Decided: Feb. 18, 1924.

http://www.law.cornell.edu/supremecourt/text/264/109

 

“Fifty years ago this court pointed out the essential relationship between rights and remedies. Von Hoffman v. City of Quincy, 4 Wall. 535, 552, 18 L. Ed. 403. 'Nothing can be more material to the obligation than the means of enforcement. Without the remedy the contract may, indeed, in the sense of the law, be said not to exist, and its obligation to fall within the class of those moral and social duties which depend for their fulfillment wholly upon the will of the individual. The ideas of validity and remedy are inseparable, and both are parts of the obligation, which is guaranteed by the Constitution against invasion. The obligation of a contract 'is the law which binds the parties to perform their agreement."

Comment by WheepingWillow2 on April 23, 2014 at 6:22am

should I file an appeal or an injunction?

Comment by WheepingWillow2 on April 23, 2014 at 6:21am

By the way, how does one get anything enforced since I cannot take this before a JUDGE?

Who may I report this to, on FRAUD having been committed? When both the JUDGE and the 3rd party collection agency portrayed this fraud?

I had heard years ago that a third party cannot appear in court on such matters, do you know about this?

Comment by WheepingWillow2 on April 23, 2014 at 5:33am

and thank you so very much for all this explaining. I'm just sitting here waiting for the bad guys to show up and shoot my ars.

Comment by WheepingWillow2 on April 23, 2014 at 5:32am

ok so I sorta get this. Just for clarification I did not file bankruptcy AFTER the fact of a foreclosure, it was way way before they filed foreclosure.

U say you have the originals, papers, forms what ever. May I have copies? Would I not need them?

So should I just quote all this stuff in some sort of Appeal before the Court of Appeals or should I file an Injunction against the judge for his and their illegal actions?

Comment by Carl Collicott on April 23, 2014 at 5:08am

WeepingWillow,  let me address the typical scenario, a person wants to buy a house, so they go to a bank to secure a “home loan”, the bank provides a loan application, the person agrees to the terms, the bank then extends credit, and the person moves into the house.

What just happened?, bizarre as it may sound, the truth of the matter is, when the person signed the “loan document”, they actually loaned the bank the money, the loan document went into the “asset” column in the bank, the bank then issued a check against the money the person just deposited!

Well what about the loan document, since banks can’t loan “credit”, and “home loans” are limited to banks extending credit to other bank, with “stocks and bonds” pledged as collateral, there has to be some  lawful source for the form, right?, well there is. Congress created a set of forms approved for the use of states, that enter into agreements with the government to provide “Public Housing” finance,  the Supreme  Court told us that all the forms for use under  the National Housing Act are only for states, the National Housing Act provisions are not for individuals.

So in furtherance of the fraud, the banks take the original forms, scrub all references to the real application (I have the originals), and just like that the banks now have a form  that states if the person doesn’t pay, the bank can ‘’’foreclose” on the property.

Faced with foreclosure, the conventional  recourse is to file bankruptcy, perhaps a chapter 7, Title 11 of the United States Code, abbreviated 11 U.S.C. Bankruptcy,  contains chapter 7, chapter 11, and chapter 13, you filed a chapter 7 bankruptcy . A chapter 7 filing relieves the personal obligation of the “homeowner’ , but the bank still owns the house,( or so says conventional wisdom) .

Well the question is what foreclosure? When Congress enacted the bankruptcy provision contained in Title 11 U.S.C., for foreclosure protection they spelled out just what party is “conducting’ the foreclosure, in the notes for section 362, the “foreclosures” are instituted under  the National Housing Act, see reference below. Of course, this is limited to rental Public Housing.

Now the knee jerk reaction is, this lunacy,  my property has nothing to do with public housing, this is fraud. It is, but from the banks prospective, the goal is to  ( steal) real property, the average person just “laundered” the transaction.

 

11 U.S. Code § 362 - Automatic stay

http://www.law.cornell.edu/uscode/text/11/362

 

The latter requirement is contained in section 362 (d)(2). This section is intended to solve the problem of real property mortgage foreclosures of property where the bankruptcy petition is filed on the eve of foreclosure.

(comment) the “foreclosure” is based on the National Housing Act, Public Housing.

The National Housing Act, referred in subsec. *(b)(8), is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified principally to chapter 13 (§ 1701 et seq.) of *Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.

 

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