Professional Documents
Culture Documents
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c/o
naddress
notary_name_
ncity_,
(Notary)
Republic of
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BANK_OF_TRUSTEE_SALE1
Original: Marcella E. Belt, Chief Executive Officer, United States Office of Housing and
Urban Development
Cc: John C. Dugan, Comptroller of Currency, United States Attorney General Office,
ATTN: Antitrust Division, ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1, lwfirm, and O_TRUSTEE,
TRUSTEE_OF_SALE, FHA, Insurer of the account , MERS, alleged
beneficiary, and any and all assignees or nominees
thereof.
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et al,
AFFIDAVIT OF FACTS
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Section 1983
Page 2
Verified Complaint
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Congress prima facie code title 42, United States Code (U.S.C.)
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section 1983
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Summary of Issue:
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borrower_1_,
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on
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and
borrower_2
allege
that
For the
the
corporation
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Summary II:
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VERIFIED COMPLAINT
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1)
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COMPLAINT
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and their Associates are not lenders as they are claiming, but
are pooling and servicing companies as well as loan sellers as
evidenced by their United States Securities and Exchange
Commission filings which show borrower_1_, and borrower_2 as
a surety on the investment contracts and that ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees
4)
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from my ignorance.
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5)
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Affidavit of Facts
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The issues in this case that serve as the basis for the claims
are:
1) ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1
and/or any and all assignees or nominees entered into
negotiable instrument contract with borrower_1_, and
borrower_2.
2) borrower_1_, and borrower_2 asserts real defense remedy in
contract against ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees for Fraud in the factum illegality of Transaction
that renders the underlying claims of lien void, and failure
to prove that they are the lawful holder of a lien on the
property after proper discovery will nullify all of
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3)
ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees stated in The National Bank Act (Chapter 106, 13
STAT 99) and have violated their oaths of office which are
held at the Office of the Comptroller of Currency of the
United States.
5) I, borrower_1_, and borrower_2 issued bonds to the above
mentioned Defendants and the United States Comptroller of
the Currency has registered the bonds to the Directors of
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all
assignees or nominees .
6) Directors of the previously stated
ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees cannot convert the exchange of my bonds for a
property to a loan.
7) I, borrower_1_, and borrower_2 using the above listed Statutes
at Large which express the Original Intent of Congress in
regards to the duties of the above listed director of
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all
assignees or nominees and not title 12, U.S.C. Banks and Banking
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cannot
loan the capital stock of their directors, nor can they loan
the money of their depositors, and they can only loan money
pursuant to Public Law Volume 13 38th Congress Stat 99-118
The National Bank Act which holds precedent over U.S.C.
Title 12 which is only prima facie law and NOT positive law.
They have not followed any of the provisions of this
monetary law of the United States of America nor have they
honored negotiable instrument laws of this state and the
District of Columbia [United States].
10)
Also according to the National Bank Act Bank,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees
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11)
The fraudulent note which was converted from my
lawfully tendered bond was for a 30 year mortgage which by
operation of law is fraudulent according to Statute.
12)
The Banks or FINANCIAL INSTITUTION, all directors,
cannot claim ignorance of this because each Director has an
Oath to Follow Public Law Volume 13 38th Congress Stat 99118 which is recorded at the United States Office of the
Comptroller of Currency.
13)
So Director(s)/Chief Executive Officer(s)/CEO(s) of
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1
and/or any and all assignees or nominees has participated
in this fraud through their endorsement on the assignment
from ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees and thus through real defenses implemented herein
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1
and/or any and all assignees or nominees has no legitimate
claim as a holder of a note nor can they force
borrower_1_, and borrower_2 to pay any instruments that
are Fraud.
It is a fact that I,
borrower_1_,
and
borrower_2,
was under
borrower_1_,
and
borrower_2.
Who converted the bond into a loan? Who is the holder of the
original contract with wet signatures? Who is the holder in
due course? Where is the bond registered and with what
official officer of law? Is the conversion of the bond into
a note material alteration of a contract without consent
nullifying the validity of the original contract? These are
some of the questions that must or will be answered upon
discovery.
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ORIGINAL_LENDER,
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and
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Section 9
13 STAT 102,
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ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees and Assignees must understand that any and all
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I,
borrower_1_,
and
borrower_2,
under the laws of the United States of America that the foregoing
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___________________________________
[borrower_1_, and
borrower_2]
Section 1746]
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CERTIFICATE OF SERVICE
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ORIGINAL_LENDER, SECOND_LENDER,
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Name_of_CEO, or assignee
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LB_ADDRESS
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LB_CITY_STATE_ZIP
Agent
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____________________________________
SIGNATURE
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____________________________________
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Official Seal
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and the United States Code is only prima facie evidence of such
laws
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United States.
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Bear vs. United States (1985 DC Neb) 611 supp 589, affd (1987)
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Preston vs. Heckler (1984 CA9 Alaska) 734 F2d 1359 34 CCH EPD
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Where the Title has not been enacted into positive law, title is
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statutes themselves
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United States vs. Zuger (1984) DC Conn 602 F supp 889 affd
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Even codification into positive law will not give code precedence
Large
Ct 1135 United States vs. Weldon (1964) 377 US 95, 12L 2d 152,
84 S Ct 1082
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United States Code does not prevail over Statutes at Large when
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the United States are to the extent that provisions of the United
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vs. United States (1975) 207 Ct Cl 207, 518 F 2d 1369, cert den
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States
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Ct. 1135
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Ct. 1082
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671
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96 S Ct. 523
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American Bank & Trust Co. vs. Dallas County (1983) 463 US 855
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Second Circuit
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United States vs. Zuger (1984) DC Conn 602 F. Supp 889 affd
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Third Circuit
Royers Inc. vs. United States (1959, CA3 Pa.) 265 F 2d. 615
United States vs. Hibbs (1976 Ed Pa) 420 F. Supp. 1365 vacated on
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Fourth Circuit
United States vs. Shively (1936 DC VA) 15 F. Supp 107
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Fifth Circuit
Murrell vs. Western Union Tel Co. (1947, CAS Fla.) 160 F 2d 787
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Sixth Circuit
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Rose vs. National Cash register Corp (1983 CA 6 Mich.) 703 2d 225
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Mary vs. Centran Corp (1984 CA 6 Ohio) 747 F 2d 1536. Cert den
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United States ex rel Boyd vs. McMunty (1933, WD KY) 5 F supp. 515
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Seventh Circuit
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Eighth Circuit
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Ninth Circuit
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34433
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Peart vs. The Motor Vessel Bering Explorer (1974) DC Alaska 373
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F. Supp 927
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language of the United States Code that has been not enacted into
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854 F Ld 1438
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in the United States of America. These are the standing laws that
listed defendants.
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EXCERPTS
FROM THE
INTENT AS IT RELATES TO
EXPRESS/SHOW CONGRESSIONAL
BANKS
AND
BANKING
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less in any case than five, who shall enter into articles of
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meaning of this act. And any officer who shall violate the
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and imprisonment not less than one year and not exceeding fifteen
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or hold real estate in any other case or for any other purpose
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Section 28
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Such Association shall have power toexercise under this act all
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CAPITAL STOCK
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exchange, make any acceptance, assign any note, bond, draft, bill
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any of the provisions of this act, all the right, privileges, and
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his personal and individual capacity for all damages which the
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Section 53
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13 STAT 116,
this and all other laws that may be passed by Congress respecting
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STAT 100
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shareholders thereof have formed the same for any other than the
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bonds held by the treasurer presented for his signature; and the
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countersign; and the treasurer shall have the like access to the
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and the comptroller shall also at all times have access to the
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to make good such reserve; and if such association shall fail for
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act.
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ASSOCIATION OR BE SHUTDOWN
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shall take and receive at par, for any debt or liability to said
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GOVERNMENT
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IF NOTES ARE NOT REDEEMED BANK CAN BE SHUTDOWN AND LAW HOLDERS
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them for payment at the Treasury of the United States, and the
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market rates, not exceeding par, to the notes paid.13 STAT 114,
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Section 47
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I,
borrower_1_,
and
borrower_2,
under the laws of the United States of America that the foregoing
is true and correct.
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___________________________________
[borrower_1_, and
borrower_2]
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