STATEMENT OF FACTS
28/03/22 13:36
being fictious and unknown persons), and
ABC CORPORATIONS 1 THROUGH 10 (said names being fictitious and unknown entities),
- The Plaintiff, WE THE PEOPLE serves their suit against the Defendants, and allege within this website as follows:
- Introductions are hereby incorporated in Series 1-8 in video format and in the Blog evidencing the suspension of the Constitution for the United States.
- Background are hereby incorporated in the whistleblower testimony evidenced a separate implied Constitution in the FORM "OF" re-consistituted zero sum depreciation write offs via federalization tax evasion schemes implemented through certain members of Congress and the currently led Democratic party.
- In RE: TRADEMARK UNIFORM MORTGAGE ELECTRONIC REGISTRATION SYSTEM (TUMERS)
- STATEMENT OF FACTS, UNDER COLOR OF LAW, UNDER COLOR OF OFFICE
- Established pattern on every MERS in UNIFORM DEED OF TRUST across the Nation
- 1. On ————instrument number ————was recorded in —— in the STATE of _____ .
- The INSTRUMENT recorded is labeled as DEED OF TRUST
- The instrument recorded references the Grantor/Borrower as (ALL CAP NAME)
- The INSTRUMENT recorded was upon FORM ——-
- The INSTRUMENT recorded notates it was a Fannie Freddie UNIFORM INSTRUMENT
- The INSTRUMENT identifies the “Lender” as ———-
- The INSTRUMENT identifies ”MERS” as the Mortgage Electronic Registration System.
- The INSTRUMENT states that MERS is the beneficiary under this Security Instrument
- “Beneficiary” means a person to whom a donative transfer of property is made or that person's successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir.
- The Security Instrument was not disclosed upon the DEED OF TRUST as the SECURITY AGREEMENT dated as of June 30, 1998 between MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, al Delaware corporation (the “Borrower”) and NATIONSBANK, N.A., a national banking association (the “Bank”)
- The SECURITY AGREEMENT references obligations of the Borrower contained in the Credit Agreement and other Loan Documents to which it is a party.
- “Banks” can only lend credit to other “Banks” or other “commercial entities". Quotations emphasis added.
- According to UCC General Definitions 1-201 (27) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
- The rules of Grammar are specific when capitalizing the first letter of a word within a quotation. English capitalization rules apply to Names of other Proper Nouns.
- A proper noun is the name of a particular person, place, organization, or thing. Proper nouns begin with a capital letter.
- The SECURITY AGREEMENT was recorded as 100804608 dated 08-27-1998 FORM PTO-1618A stamped by JWATKINS into the U.S. Patent & TMOfc/TM Mail Rept Dt. #70 upon FORM PTO-1618A [expires 6/3099].
- The SECURITY AGREEMENT references in Section 1.2 UCC DEFINITIONS.
- The UCC DEFINITIONS referenced in the SECURITY AGREEMENT make note of uncapitalized terms.
- The uncapitalized terms in the SECURITY AGREEMENT references “account”, “account debtor” “chattel paper”. “contract right”. “document”, “warehouse receipt”, “bill of lading” .”document of title”, “instrument”, “inventory”, “equipment”, “general intangible”, “money”, “proceeds” and “purchase money security interest”
- The uncapitalized terms in the SECURITY AGREEMENT notes the use of these words in “quotations” as used in Section 1.1 or elsewhere in this Agreement have the meanings of such terms as defined in the UCC.
- The “Borrower” is implied as MERS by the use of quotations”
- UCC laws require that text be “conspicuous.” section 2-316(2) states that a disclaimer of the implied warranty of merchantability must be conspicuous. section 1-201(10) specifies that
- “language in the body of a form is ‘conspicuous’ if it is in larger or other contrasting type or color
- The UNIFORM DEED OF TRUST instrument donates “Borrower” as the all caps _______
- It would appear that according to the rules of Grammar and the UCC definitions the only “Person” for which a “Bank” can lend credit is to an organization.
- The use of the words “Trustee” according to the UCC § 3-110. ... (i) a trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument ...
- Contract Law is very specific, ALL CAPS generally means an ENTITY.
- It has been established upon www.mers-servicerid.orgthat MIN stands for Member Identification Number. The first seven digits identifies the alleged owner of the loan. The second series of numbers identifies the loan associated with the DEED OF TRUST instrument.
- The LOAN # disclosed upon the DEED OF TRUST instrument is _______.
- The loan disclosed upon the DEED OF TRUST instrument is ______.
- The owner of the loan is notated by the first series of numbers is _______.
- In accordance to the NATIONAL ARCHIVES FEDERAL REGISTER documents/2018/04/26/2018-08737pertaining to the United States Patent and Trademark Office, Commerce, OMB 0651-0027 citing §1057. Certificates of registration (a) upon the principal register shall be issued in the name of the United States of America.
- Upon the DEED OF TRUST page 3, it notes BORROWER COVENANTS the Borrower is lawfully seised of the estate hereby conveyed and that the Property is unencumbered, except for encumbrances of record.
- Seisin (or seizin) denotes the legal possession of a feudal fiefdom or fee. In feudalism, a fiefdom (also called a fief, feud, feoff, or fee) was a property or right that an overlord gave a vassal in exchange for military service.
- "Of record" has a different meaning than "on record"
- According to proper Grammar the word Property is an implied organization.
- According to UCC General Definitions 1-201 (27) a "Person” is" an Estate”
- According to the UCC , a BORROWER is an implied PERSON. A “Bank” can only lend credit to another “Bank” or an “Organization”
- According to the MERS Security Agreement the use of uncapitalized quotes implies the capitulation of the words underlaying meaning ie. “Organization” is the same as ORGANIZATION.
- According to proper Grammar “Lender” is an “Organization"
- MERS loans are used in Real Estate Mortgage Investment Conduits (herein REMIC)
- REMIC’s are typically registered as"Société Anonyme” by the DEPOSITOR
- A société anonyme is a type of business structure that establishes a company as a legal person that can own and transfer property, enter contracts, and be held liable for crimes.
- socium (or soci) in latin means Partner
- Et Al in latin means and others
- According to UCC General Definitions 1-201 (27) “Person” means “Partner”
- 1099-A are for abandonment of “Partnership” Interests
- It would be that these are abusive SOCI-ET-AL SUBJECT MATTERS of taxable partnership interests.
- SUMMARY JUDGEMENTS OF CHARGES
- FOR UCC clarity the DEED OF TRUST treated the individual as intellectual property Chattel under UCC §9-102(A)(41). For Clarity, under COLOR OF LAW there was the presumption of a PERSON as defined under UCC§1-201(4) under the presumption of a Consumer as defined under UCC§1-201(11). This is a breach of UCC§ 1-201(17) violating UCC§1-201(18) through a "banking organization" UCC§1-201(25) meaning a PERSON other than the individual who’s signature was used for usurpation. The MERS TRADEMARK by default became the UCC§ 1-201(35) "Security interest",
- Application pursuant to section 305(b)(2) of the Trust Indenture Act for determining eligibility of a person designated as trustee for offerings on a delayed basis are genially missing. It is clear in our conversation that councilor is aware these contracts lack FORM and FOUNDATION.
- U.S. Code § 1338.Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition (a) The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks.
- NO STATE COURT HELD THE JURISDICTION TO FORECLOSE
- NO ATTORNEY COULD PRODUCE AN INJURED PARTY
- NO ATTORNEY WOULD PRODUCE AN UNDERTAKING BOND
- Count I
- RICO (18 U.S.C. § 1962(C))
- Count One alleges violations 18 U.S.C. § 1001(a)(2) within the meaning of 18 U.S.C. § 1961(4).
Section 1961(1) of RICO also provides that “racketeering activity” includes any act indictable under 18 U.S.C. § 1832 (relating to theft of trade secrets) and 18 U.S.C. §§ 1503 and/or 1512 (obstruction of justice). As set forth herein, in furtherance of the scheme to defraud the Plaintiff, the RICO Defendants engaged in numerous acts in violation of 18 U.S.C. § 1832 and 18 U.S.C. § 1503 and/or 1512, including, without limitation, as set forth
Each RICO Defendant "Acting" under COLOR OF OFFICE has conducted and participated in, directly or indirectly, the management, conduct and/or operation of the Enterprise and its affairs through a pattern of racketeering activity including acts indictable under 18 U.S.C. § 1503, and/or 1512 (obstruction of justice).
This coordinated effort amounts to a set of related predicate acts with similar purposes, results, and methods, which included acts in violation of 18 U.S.C. § 1503 and/or 1512 (obstruction of justice). These collaborations constituted a conspiracy to obstruct justice in violation of 18 U.S.C. § 1512(k).
- WE THE PEOPLE, Plaintiff has been injured in his business and property as a direct and proximate result of Defendants’ violation of 18 U.S.C. § 1962(c).
Ask the Q uestion
22/02/22 07:41
DO YOU REALLY THINK WE NEED ELECTION FRAUD TO PROVE TREASON?
The DOCUMENTARY that details these crimes is currently under construction. We are working diligently to get this to you as quickly as possible. For now you can see a quick synapsis on Episode #3 'TUMORS' IN THE COURT.
FEDERAL QUESTION BEFORE THE BIDEN/CLINTON/OBAMA/BUSH ADMINISTRATIONS
IN RE: U.S. Const. Art. 1, § 8, cl. 1,3,5,6,18…"MATTERS of national security cannot tolerate any blind spots”
When did it become permissible to allow a NA BANKING MEMBER "BORROWER" to influence Congress so far beyond these provisional scopes as to pass such laws for the credit of the US to be hypothecated by utilizing citizens as congressional co-signers in Congress stead (cl.2)? For attorneys see Nos. 19-715, 19-760.
It has become clear that as a Nation, we have been under attack. As one Nation under God, we must come together to fight our enemies, both foreign and domestic. We understand that COVID-19 was never about the virus, and we are watching history unfold. This update comes after an attack upon the White Hat supporters in our group. A massive illegal foreclosure wave is positioning to hit our Nation. You who are finding this, are already aware of what has been going down. We can no longer afford to be ignorant of the colorful laws being misused. If you are facing an illegal foreclosure with the Mortgage Electronic Registration System, (MERS) as a beneficiary upon a TITLE DEED, then you hold an instrument of treason against the People of the United State of America.
Notices to all States have been issued via social media to Governors who are turning a blind eye to over 20 Million foreclosures. The Courts were NOT GRANTED authority to do so, and all BAD ACTORS will be brought before tribunals should these criminal syndicates continue. Now I know that this statement might seem unreal, however the details of these illicit relationships will be the SUBJECT of our upcoming documentary.
This is a quick background:
In 1999 Sen. Joe Biden (D-Del.) voted with 89 others to repeal certain previsions of Glass-Steagall's regulations. The repeal vote included the following: House Speaker Nancy Pelosi (D-Calif.), Majority Leader Steny H. Hoyer (D-Md.), House Minority Leader John A. Boehner (R-Ohio), and Minority Whip Roy Blunt (R-Mo.).
By the removal of certain provisions within Glass-Steagall, NA banks such as UBS and Deutschebank Securities new allowed to not only swap around and underwrite their own securities, but were allowed unlimited access using MERS MIN (Member Identification Number) to breach the PUBLIC TRUST/s/.
These congressional passages revolve around a bonus depreciation provision that President George W. Bush signed into law in 2002 allowing taxpayers to immediately deduct 30% of the cost of new assets acquired during the provision’s applicability; the remaining 70% would be deducted under otherwise applicable MACRS accounting rules, which are modified accelerated cost recovery systems for depreciation purposes.
Both the Economic Stimulus Act of 2008, signed by President Bush, and the American Recovery and Reinvestment Act of 2009, signed by President Obama, instituted a 50% bonus depreciation allowance. Later, the Tax Relief, Unemployment Compensation Reauthorization, and Job Creation Act of 2010 further increased the allowance to 100% – such that the asset would be fully depreciated in the year of acquisition.
Let's explain this in layman's terms:
This meant that the lending industry via presidential and congressional intent was allowed to buy worthless sub prime loans and get a 100 percent tax credit by cancelling it day one under 26 US Code Section 61 (a) (1) Cancellation of debt and conversion to income paid on a tax payer form 1099.
Within stock verbiage of a "Deed of Trust", we as individuals from across this nation "appointed" MERS as nominee for beneficiary interests. So ask yourself, why would a "borrower" need to be nominating the network and value of a pass-through grantor trust at any given point in time? They wouldn’t, this is the con job that was pulled on you.
The PUBLIC were never told that "ALL officers of the Court are Directors, Collectors, or Representatives of the IRS for such TRUSTING SUBJECT MATTERS. See Federal Rules of Civil Procedure, Rule 81(f); States "Courts" are NOT acting with the "GOVERNMENT" for civilian protection.
States that are acting as custodians for their PEOPLE, for MORTGAGE purposes, have been enabling its CITIZENS to act as co-signers for the constitutional role of Congress as an implied member thereof. This was done for the beneficiary interests of an undisclosed NA MERS BORROWING BANK that trademarked WE THE PEOPLE in the NAME of the UNITED STATES. Meaning that WE were "systematically" targeted by race, class and economic tier for the purpose of certificate trading upon the Securities and Exchange Commission as COLLATERAL for the ability to repay what the banks "borrowed" in trade.
Though the law is quite clear in these "SUBJECT" matters, violation of the PEOPLE/s/ unalienable rights breached the equal protection laws guaranteed by the Constitution on a Nationwide scale. None of the MERS foreclosures that ensued were legitimate.
HISTORY OF MERS
01/12/21 10:49
Pasted Graphic
RECITLES: Directly from Case No. 2:14-cv-00177-RFB-GWF: Harkey V. US Bank Et Al. The "MERS-LPS Racketeering Enterprise"
The history of the use of the name “Mortgage Electronic Registration Systems, Inc.” is set forth below: a. The first entity organized as MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS I) was registered with the State of Delaware Division of Corporations in 1995 as File No. 2543543. b. MERS I registered the service mark, MERS®, with the United States Trademark and Patent Office on July 29, 1997. c. On June 30, 1998, “MERS I,” created a second corporation with the name NEW MERS, Inc., retained the name of Mortgage Electronic Registration Systems, Inc. (MERS II) for a period of six (6) months and MERS I, the 1995 entity, Delaware File No. 2543543) ceased to exist. d. The only corporate resolution identified as having be made by which Signing Officers could be appointed by then-MERS I corporate secretary William C. Hultman was reportedly made on April 9, 1998, before MERS I ceased to exist. (See : April 7, 2010 Deposition of William Hultman at T. 24:22-T:25-4.) e. According to the sworn testimony of William C. Hultman, the original signed and executed corporate resolution had not been located as of April 7, 2010.. f. At his April 7, 2010 Deposition, it appeared that the oldest known surviving copy ofthe April 9, 1998 resolution of the Board of Directors of MERS I by which Hultman appoints Signing Officers for MERSCORP in the name of MERS III is dated December 20, 2002, more than four and one half years (4ó years) after the corporation which made the resolution ceased to exist.. g. In December of 1998, MERS II, filed a Certificate of Amendment with the State of Delaware to change its name to MERSCORP, Inc. effective January 1, 1999 as Delaware Division of Corporations File No. 2915165. h. Effective January 1, 1999 MERSCORP, Inc. created yet another company known as “Mortgage Electronic Registration System, Inc.” (MERS III) under Delaware Division of Corporations File No. 2990193. i. According to the sworn testimony of William C. Hultman, former Secretary of MERSCORP the current iteration of Mortgage Electronic Registration Systems, Inc. (designated herein as MERS III) was formed as a “bankruptcy remote”entity at the behest of “ratings agencies.”
j. MERS III has no employees. (Hultman Deposition T. 72:8, 107:15-23, 117:5- 13; 118:1-6.) k. Upon information and belief, MERS III reports no income and has no income. j. The name Mortgage Electronic Registration Systems, Inc. which appears in over 62 Million Mortgages and Deeds of Trust throughout this nation actually the former name of MERSCORP and it is MERSCORP which has the “members,” owns operates the electronic tracking system registered as MERS® (purporting to be an alternative to the public records system), enters into contracts with its “members,” and establishes the Rules under which the MERS® System operations. m. When MERSCORP created MERS III at the behest of the ratings agencies who were rating the mortgage backed securities sold by MERSCORP’s “members” and the other participants in what has been identified as the MERS®- LPS Racketeering Enterprise, MERSCORP pretended that MERS III would function in the same capacities as MERSCORP had previously functioned under the name of Mortgage Electronic Registration Systems, Inc., which was as a “common agent” for MERCORP’s “members.”
n. MERS III, as a “bankruptcy remote,” shell corporation with no employees and, therefore, no human intelligence, and having no “members,” is legally incapable of acting as an agent or a “common agent” for members of MERSCORP. o. In order for the vaunted “common agency” to be effective, MERSCORP would have to be the named agent appearing in the Mortgages and Deeds of Trust and all “trades”would have to be conducted between “members” of MERSCORP. p. As will be demonstrated herein, the unregistered and unregulated securities deals and trades conducted behind the veil of MERSCORP, masquerading as Mortgage Electronic Registration Systems, Inc. in its third iteration, as MERS III, are not even supervised by MERSCORP for compliance with its own “Rules” purporting to create the common agency, by which millions of homes have been liquidated upon claimed defaults which did not actually occur q. The claimed “defaults” were almost always covered by mortgage insurance, credit default swaps and funds made available by Congress through the Troubled Asset Relief Program (TARP) funds, along with the Quantitative Easing (QE) programs (QE I, QE 2 and QE 3) operated by the Federal Reserve System, and were paid multiple times upon purported defaults engineered by CREDIT SUISSE and other members of the US Dollar LIBOR Panel in order to collect on multiple secondary payment systems established at the time of the unregistered securities offerings. r. The proceeds of the ultimate foreclosure liquidations of United States homes under the MERS®-LPS RACKETEERING ENTERPRISE, in excess of the payments obtained from private mortgage insurance, unsubrogated credit default swaps, TARP funds, and QE payments are paid to the “servicers” who initiated the foreclosure process to obtain the bonus payment for liquidating this nation’s homes for defaults already cured by multiple payments.
- The above is an example of the Structured Money Laundering Chart used within this typically be found within the Trusts Prospectus. This example is HSBC TRUSTEE OF THE Deutsch Alt-A Securities, Inc Mortgage Loan Trust,Mortgage Pass-Through Certificates Series 2007-OA4
RECITLES: Directly from Case No. 2:14-cv-00177-RFB-GWF: Harkey V. US Bank Et Al. The "MERS-LPS Racketeering Enterprise"
The history of the use of the name “Mortgage Electronic Registration Systems, Inc.” is set forth below: a. The first entity organized as MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS I) was registered with the State of Delaware Division of Corporations in 1995 as File No. 2543543. b. MERS I registered the service mark, MERS®, with the United States Trademark and Patent Office on July 29, 1997. c. On June 30, 1998, “MERS I,” created a second corporation with the name NEW MERS, Inc., retained the name of Mortgage Electronic Registration Systems, Inc. (MERS II) for a period of six (6) months and MERS I, the 1995 entity, Delaware File No. 2543543) ceased to exist. d. The only corporate resolution identified as having be made by which Signing Officers could be appointed by then-MERS I corporate secretary William C. Hultman was reportedly made on April 9, 1998, before MERS I ceased to exist. (See : April 7, 2010 Deposition of William Hultman at T. 24:22-T:25-4.) e. According to the sworn testimony of William C. Hultman, the original signed and executed corporate resolution had not been located as of April 7, 2010.. f. At his April 7, 2010 Deposition, it appeared that the oldest known surviving copy ofthe April 9, 1998 resolution of the Board of Directors of MERS I by which Hultman appoints Signing Officers for MERSCORP in the name of MERS III is dated December 20, 2002, more than four and one half years (4ó years) after the corporation which made the resolution ceased to exist.. g. In December of 1998, MERS II, filed a Certificate of Amendment with the State of Delaware to change its name to MERSCORP, Inc. effective January 1, 1999 as Delaware Division of Corporations File No. 2915165. h. Effective January 1, 1999 MERSCORP, Inc. created yet another company known as “Mortgage Electronic Registration System, Inc.” (MERS III) under Delaware Division of Corporations File No. 2990193. i. According to the sworn testimony of William C. Hultman, former Secretary of MERSCORP the current iteration of Mortgage Electronic Registration Systems, Inc. (designated herein as MERS III) was formed as a “bankruptcy remote”entity at the behest of “ratings agencies.”
j. MERS III has no employees. (Hultman Deposition T. 72:8, 107:15-23, 117:5- 13; 118:1-6.) k. Upon information and belief, MERS III reports no income and has no income. j. The name Mortgage Electronic Registration Systems, Inc. which appears in over 62 Million Mortgages and Deeds of Trust throughout this nation actually the former name of MERSCORP and it is MERSCORP which has the “members,” owns operates the electronic tracking system registered as MERS® (purporting to be an alternative to the public records system), enters into contracts with its “members,” and establishes the Rules under which the MERS® System operations. m. When MERSCORP created MERS III at the behest of the ratings agencies who were rating the mortgage backed securities sold by MERSCORP’s “members” and the other participants in what has been identified as the MERS®- LPS Racketeering Enterprise, MERSCORP pretended that MERS III would function in the same capacities as MERSCORP had previously functioned under the name of Mortgage Electronic Registration Systems, Inc., which was as a “common agent” for MERCORP’s “members.”
n. MERS III, as a “bankruptcy remote,” shell corporation with no employees and, therefore, no human intelligence, and having no “members,” is legally incapable of acting as an agent or a “common agent” for members of MERSCORP. o. In order for the vaunted “common agency” to be effective, MERSCORP would have to be the named agent appearing in the Mortgages and Deeds of Trust and all “trades”would have to be conducted between “members” of MERSCORP. p. As will be demonstrated herein, the unregistered and unregulated securities deals and trades conducted behind the veil of MERSCORP, masquerading as Mortgage Electronic Registration Systems, Inc. in its third iteration, as MERS III, are not even supervised by MERSCORP for compliance with its own “Rules” purporting to create the common agency, by which millions of homes have been liquidated upon claimed defaults which did not actually occur q. The claimed “defaults” were almost always covered by mortgage insurance, credit default swaps and funds made available by Congress through the Troubled Asset Relief Program (TARP) funds, along with the Quantitative Easing (QE) programs (QE I, QE 2 and QE 3) operated by the Federal Reserve System, and were paid multiple times upon purported defaults engineered by CREDIT SUISSE and other members of the US Dollar LIBOR Panel in order to collect on multiple secondary payment systems established at the time of the unregistered securities offerings. r. The proceeds of the ultimate foreclosure liquidations of United States homes under the MERS®-LPS RACKETEERING ENTERPRISE, in excess of the payments obtained from private mortgage insurance, unsubrogated credit default swaps, TARP funds, and QE payments are paid to the “servicers” who initiated the foreclosure process to obtain the bonus payment for liquidating this nation’s homes for defaults already cured by multiple payments.
- 1. The service mark MERS® is registered with the United States Patent and Trademark Office to MERSCORP, which owns and operates the MERS® database.
- 2. MERSCORP purports to use the name of MERS III in various capacities in an attempt to combine the for-profit, income-producing MERSCORP, the “bankruptcy remote” entity known as MERS III and the computer database which bears the service mark of MERS® under the single acronym of “MERS,” thereby obscuring the separate identities and functions of MERSCORP and MERS III and MERSCORP’s ownership and operation of the MERS® database.
- 3. MERSCORP conceals its ownership of the MERS® database in order to obscure the operation of the MERS®-LPS RACKETEERING ENTERPRISE (hereinafter, from time to time, the ENTERPRISE) described herein, controlled and directed by MERSCORP, its “members” and associated entities involved in the unregulated purchase and sale of unregistered securities by unlicensed securities dealers which profit from the operation of the ENTERPRISE.
- 4. MERS III (the third iteration of Mortgage Electronic Registration Systems, Inc.) is a “bankruptcy-remote,” name-only, shell corporation and has no “members.”
- 5. MERSCORP has instructed its “members” to “appoint” their employees as officers of Mortgage Electronic Registration Systems, Inc., so that employees of MERSCORP’s “members” are able to pretend to have the authority to transfer mortgagee interests associated with Notes and Mortgages or Deeds of Trust (collateral documents) taken from homeowners under the false pretense that the homeowners had obtained conventional mortgage loans when collateral documents were purchased at the pretend mortgage loan closing for re-sale by unlicensed securities dealers, falsely identified as “loan originators.”
- 6. The use of the name “Mortgage Electronic Registration Systems, Inc.” has been sold by MERSCORP to its “members” for purposes of concealing the transactions involved in the “securitization” process from homeowners, their counsel, County Recorders and Registers of Deeds (and other public recording officials), the public, and the courts of this nation, so that a web of transactions thus concealed prevents anyone, except the participants in the scheme at the highest levels of the operation, from ascertaining the real parties in interest who profit from the unregistered securities transactions.
- 7. The unregistered securities transactions are obscured by the purported “nomination”of a name-only, shell corporation (MERS III) as “agent” for the “members” of MERSCORP and their affiliated entities.
- 8. MERSCORP, its “members,” and an indecipherable, incomprehensible and incoherent series of agencies, assignees and successors in interest benefit from the effective concealment and confusion of the transactions which involve unregistered securities trades, derivative products and insurance claims to the detriment of this nations’ homeowners, the public and courts, who can no longer rely on the validity of public land title records to establish the interests in this nation’s lands.
- 9. The MERSCORP “membership” scheme has been an essential element of the MERS®-LPS RACKETEERING ENTERPRISE described herein in which MERSCORP allows its “members,” their agents and affiliated entities to falsely represent to courts throughout the nation that MERS III, a “bankruptcy-remote,” name-only corporation, having no employees and, upon information and belief, no income or assets (by definition, a “shell” corporation), is the “common agent” for MERSCORP “members.”
- 10. The scheme operated by MERSCORP purports to avoid the necessary evidence of lawful authorization to take a wide variety of actions on behalf of its “members” and third parties, many of which never existed as de jure entities or associations, or ceased to exist prior to the actions being taken.
QWR RE: MAJORITY ACTION
11/03/21 12:06
Please be advised this is a QWR for Condition Subsequent. In general, a condition is a term or requirement stated in a contract. Such a term can be drafted as a condition precedent or condition subsequent, among other things. A condition subsequent is an event or state of affairs that, if it occurs, will terminate one party's obligation to the other. It has come to the attention of the American PEOPLE, that there has been massive amounts of identity theft, fraud upon the courts, fraud in factum, and escheating going on in the courts on behalf of the Centralized Banking System. As WE THE PEOPLE are considered by some as D.U.M.B products of SOCIETY AT LARGE, we would like to have clarified some of the rhetoric floating around the internet, such as implied under the undisclosed MERS TRADEMARK in UNIFORM with FANNIE MAE/ FREDDIE MAC.
We would like to draw your attention to section 1.2 of this undisclosed agreement where it shows us the uncapitalized terms in quotes having the meanings as defined in the Uniform Commercial Codes.Essential. For the sake of posterity, the gist of these SUBJECT MATTERS under the UCC laws under this trademark agreement, a foreclosed DEEDS OF TRUST would go something like this..
Damage incurred and continues to incur under UCC§9-604(d) removal and/or attempted removal of the individual adhered as collateral for performance traded upon the SEC as a derivative (as identified by the bar code used to scam the instrument as a commodity). The individual’s performance was involuntarily converted into income upon seisen inception of the DEED OF TRUST using GAAP accounting methods upon the MERS BORROWER'S irrevocable transfer into TRUST under the presumption of a "borrower" defined as MERS in the agreement itself. This in turn treated the individual as both intellectual property Chattel under UCC §9-102(A)(41) and as a congressional co-signer (as the registration was made in the NAME of the UNITED STATES.
For Clarity, it would appear that under COLOR OF LAW there was the presumption of a PERSON as defined under UCC§1-201(4) under the presumption of a Consumer as defined under UCC§1-201(11).
As all court judges know, this is a breach of UCC§ 1-201(17) violating UCC§1-201(18) through a "banking organization" UCC§1-201(25) meaning a PERSON other than the individual who’s signature was used for usurpation. The MERS TRADEMARK by default became the UCC§ 1-201(35) "Security interest", which voided the UCC-1 filing made against the individual’s NOM DE JURE under UCC§1-201(19-20) as it was neither genuine nor made in good faith. These other than ordinary activities fall under 18 USC §1961 et seq.
In an effort to identify agency for future auditing purposes, we are acknowledging a TRUSTEE has stepped forward as an interested party to a REMIC. To ensure there is no ESCHEATING taking place upon any active foreclosure, we would ask the forthcoming attorney or agent to provide the following.
Uunder 26 U.S. Code § 1445 - a copy of the aforementioned withholding of tax on dispositions of United States real property interests Form 8594 under Section 1060, AND evidence that proper requirements were met under Title 24 Part 27 to which a Delegation order was issued, as any foreclosing party must also file a statement Under Treasury Regulation 1.856-6 et seq.
Meaning WE THE PEOPLE hold the right under 26 U.S. Code § 856 a copy of the aforementioned REMIC tax returns for further inspection. If these TRUSTEE's cannot provide their FORM T2 showing the Trustee's authorization under 17 CFR § 260.5b-1 - pursuant to section 305(b)(2) of the Trust Indenture Act which is used for determining eligibility of a person designated as trustee for offerings on a delayed basis, then these Trustees are subject to a dollar for dollar IRS penalty against the REMIC for which was registered as a tax exempt special purpose vehicle.
Any court of law, knows or should know, that mass scale Defalcation of PUBLIC TRUST under orders from above, is an act of treason against the people and subject to Mason’s Manualon page. 563 Part X Investigations and Public Order Chapter 73; Investigations by Legislative Bodies, Sec. 795 Right of a Legislative Body to Make Investigations. 7. The Legislature or a committee of the legislature cannot be enjoined from investigating a matter that is under litigation in courts. In this same Chapter and Section 795, 10. An investigation into the management of the various institutions of the state and the departments of the state government is at all times a legitimate function of the legislature. Further in Section 795 11. The Right to investigate any lawful matter is a right separate and distinct in each house and may be exercised through a committee.
If these agency requests cannot be met, then at the very lease a Majority Action Affidavit must be present in each notice to satisfy the requirements of proper constructive notice. As an example, in accordance with California Civil Code Section 2924b, request is hereby made that a copy of the missing Affidavit to the NOD and or NTS recorded which resulted in a fraudulent Documentary transfer for ZERO dollars and ZERO cents recorded upon TITLE. Pursuant to Civil Code Section 2941.9 and by Agreement to Be Governed by Majority Interest Holders, showing 51% interest, prior to Notice of Default and foreclosure, pursuant governed by Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code must provided.
We ask this because many of these REMICS follow the same pattern of being seasoned for a year before filing a suspension report upon the SEC. Many of the SEC reporting history show 10k reports that suggests they were required to file them . making this a recordation of a Termination of Registration under Section 12(g) of the Securities Exchange Act of 1934, per 17 CFR 240.12g-4 (b).
Any justice worth their salt, know or should know, Civil Code Sections: 2923.55, 2923.7, 2924.9, 2924.10, and 2924.17.6 require compliance under Truth in Lending Act, et al. 130 [15 U.S.C., 1640], and 26 U.S. pertaining to any additional partnership interests detected.
In order to be a trustee acting on behalf of any REMIC trust, they trust must be in compliance with all state and federal IRS filings. If the TRUSTEE is unable to do so, then according to the definitions within this undisclosed trademark, Article -3.302 you cannot be a holder in due course if holder took instrument with notice that instrument is overdue. Article -3 §203 transfers cannot be made if the transferee engaged in fraud or illegality affecting the instrument, and again using CA as an example this would be a failure to perfect title under 2924h(c) as the REMIC would fail to “Qualifying” under traditional security requirements. Required under 17 CFR 339.1.
Oh and just as a side note to this CA noted citation. The first paragraph of 2924 states it right there "Other than trust" Don't qualify as mortgages under this law. Upon every MERS UNIFORM DOT holds the verbiage that an irrevocable transfer into trust ensued. It's a fatal flaw of these contract that cannot be remedied. Other than in trust means none of the grantor pass through MERS nominees never qualified as a mortgage under 2924 and yes Gavin Newsom, relative to Speaker Pelosi, and his appointed real estate commissioner Doug McCauley are fully aware of this fact.
Thank you for putting our SHEEPLE minds at ease, we say this because if you can provide these, we are settled, if YOU and YOURS cannot or refuse, or try to bar US, then we can now move to either criminal or tribunal proceedings. Have a blessed day.
Judicial Notice: Form 8594 (a) (1) Notwithstanding any other law, any board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall, at the time of issuance of the license, require that the applicant provide its federal employer identification number, if the applicant is a partnership, or the applicant’s social security number for all other applicants. (2) No later than January 1, 2016, in accordance with Section 135.5, a board, as defined in Section 22, and the State Bar and the Bureau of Real Estate shall require either the individual taxpayer identification number or social security number if the applicant is an individual for purposes of this subdivision. (b) A licensee failing to provide the federal employer identification number, or the individual taxpayer identification number or social security number shall be reported by the licensing board to the Franchise Tax Board. If the licensee fails to provide that information after notification pursuant to paragraph (1) of subdivision (b) of Section 19528 of the Revenue and Taxation Code, the licensee shall be subject to the penalty provided in paragraph (2) of subdivision (b) of Section 19528 of the Revenue and Taxation Code.