Americans who have been subjected to the abuses of an out of control banking and financial system, along with their co-conspirators in the largest crime spree ever perpetrated upon a human population, this nation’s court system, have sat in the front row while they and their communities go plunging over desperate financial cliffs. The crime spree continues on unabated in this nation, especially in the case of the 5 major banks who received a big fat Get Out Of Jail Free Card (except that no one actually went to jail). Actually, they didn’t just get a card, they were all lavishly rewarded for their ongoing crimes spree in the form of billions of dollars of taxpayer money that was handed to them so that they could make their board members rich and their executives even more rich…
of course these criminal masterminds should be rewarded for engineering such a hijacking and stealing of trillions of dollars…this is Amerika after all!
But I digress. That wasn’t what I wanted to talk about today. Today I wanted to talk about how our court system has been directly complicit in this massive thievery, this extraordinary campaign of fraud and forgery and theft. We know that dogs will roll in the dirt and that criminals will engage in criminal behavior. That’s just what the Wall Street criminals have been conditioned and bred for over the last several decades. And as our government, at ever level, continued to reward their increasingly brazen crime sprees…their crimes just got bigger.
But what’s most disturbing, especially to a fool like me that felt that our nation’s court system would actually fulfill its sacred Constitutional duty to enforce laws and protect citizens from the abuses and and out of control criminal banker class, is to sit here year after year and watch the way “our” nation’s court system has been nearly completely co-opted and corrupted and now stands in service to the very criminal enterprises that have plunged this nation into legal, social and economic chaos.
There is one court opinion, repeated universally in the context of foreclosure cases, that illustrates just how Florida’s court system, both at the trial level and at the appellate level are bending and contorting the laws that should serve all of us in order to serve the interests of the banks and institutions. The twisted logic and omitted reasoning found in this case has been used as a Weapon of Mass Family and Community Destruction. The legal theory so perverted and twisted up in this decision has spawned an entire industry of fraud and forgery that…again…goes unabated.
Mortgage Promissory Notes ARE NOT NEGOTIABLE INSTRUMENTS…..a fact that is finally starting to get widespread attention and discussion in this space. I’ve been whimpering this argument for years (as evidenced by some of my earliest pleadings I just uncovered)…but apparently after being roundly beaten up about this for many years by judges, I abandoned those very valid arguments. Well, the one opinion that opens the door to all the negotiability of notes delusion/fraud is a 1938 case Johns v. Gillian…and that oft quoted passage, “the mortgage follows the note”. The problem is, the conspirators in this fraud always omit the key words that follow that sentence in every single instance…the key words they omit are,
unless there be some plain and clear agreement to the contrary
And just what is the definitive proof that there is a “plain and clear agreement to the contrary”? Well, the entire MERS system is in fact a plain and clear agreement that makes it very clear the note and mortgage were separated, sent off into different directions, where clearly the mortgage did not follow the note into the stream of note commerce. But no one ever wants to think about all of that….it’s the big pink elephant that sits in the middle of the desecration of our entire legal system room…..our courts bending over backwards using a decades old misconstruction as a tool of community destruction…..
However, it has frequently been held that a mortgage is but an
incident to the debt, the payment of which it secures, and its
ownership follows the assignment of the debt. If the note or
other debt secured by a mortgage be transferred without any
formal assignment of the mortgage, or even a delivery of it, the
mortgage in equity passes as an incident of the debt, unless
there be some plain and clear agreement to the contrary, if that be the intention of the parties.
A mere delivery of a note and mortgage, with intention to pass the
title, upon a proper consideration, will vest the equitable
interest in the person to whom it is so delivered.
Generally speaking, wherever it was the intention of the
parties to a transaction that the mortgage interest should pass,
but a written assignment was not made, or else the writing was
insufficient to transfer the legal title to the security, equity
will effectuate such intention and invest the intended owner of the mortgage with the equitable title thereto.”
