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Motion for Declaratory Judgement - Mortgage Fraud

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If you have a mortgage and have reason to believe that the lender has committed promissory fraud by knowingly and intentionally mislead you to believe that they will loan you a sum of money and never did and never planned to actually loan you any money. then this Motion may very well be of vital importance to you in the event you plan to sue. This is for study purposes only.


Excerpt: "For the reasons stated above, the borrower believes the lender has committed promissory fraud, has breached their fiduciary duty established by the promissory note, has defrauded the borrower out of a down payment and monthly payments on a loan they never intended to make any advances on.


The lender also led the borrower to believe that by acquiring a mortgage, the borrower would be a “homeowner.” But many courts have ruled that a mortgage is not conveyance of title to property and a deed is merely color of title to those who do not know law.


Put simply, the money must first have been lent. As the payment of the debt is predicated on the promissory note and the note relies on the parties fulfilling their obligations.


The lender never sent any transaction, check, money order, deposit, or cash to the borrower, thereby creating no debt. 

...

RELIEF SOUGHT

Borrower / plaintiff requests the courts to make a judgement stating:

1.     that the mortgage as first lien and encumbrance on the property be considered null and void.

2.     That the lender return the down payment to the borrower.

3.     That the lender rerun all monthly payments to the borrower.

4.     That the borrower / plaintiff is the sole owner of the property and has Allodial title to the property.

5.     That the lender has no valid claim to the property by way of mortgage."

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[1] All rights reserved. The applicable law governing all contracts, books, and declarations may be, pursuant to Article PART 3. of the Uniform Commercial Codes, the Uniform Commercial Codes to include any and all applicable State, Federal and International Laws to include Treaties. § 1-202. Notice; Knowledge. § 1-206. Presumptions. § 1-305. Remedies to be Liberally Administered. § 1-307. Prima Facie Evidence by Third-Party Documents. § 7-104. Negotiable and Nonnegotiable Document of Title.
[2] COPYRIGHT. The right of literary property as recognized and sanctioned by positive law. An intangible, incorporeal right granted by statute to the author or originator of certain literary or artistic productions, whereby he is invested, for a limited period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them. In re Rider, 16 R.I. 271, 15 A. 72; Mott Iron Works v. Clow, C.C.A.Ill., 82 F. 316, 27 C.C.A. 250; Palmer v. De Witt, 47 N.Y. 536, 7 Am.Rep. 480; Stuff v. La Budde Feed & Grain Co., D.C.Wis., 42 F.Supp. 493, 497; Schill v. Remington Putnam Book Co., 179 Md. 83, 17 A.2d 175.
[3] COMMON-LAW LIEN. One known to or granted by the common law, as distinguished from statutory, equitable, and maritime liens; also one arising by implication of law, as distinguished from one created by the agreement of the parties. The Menominie, D.C.Minn., 36 F. 197; Tobacco Warehouse Co. v. Trustee, 117 Ky. 478, 78 S.W. 413, 64 L.R.A. 219. It is a right extended to a person to retain that which is in his possession belonging to another, until the demand or charge of the person in possession is paid or satisfied. Whiteside v. Rocky Mountain Fuel Co., C.C.A.Colo., 101 F.2d 765, 769; Goldwater v. Mendelson, 8 N.Y.S. 627, 629, 170 Misc. 422.
[4] COMMON-LAW REMEDY. This phrase, within the meaning of U. S. Judicial Code 1911, § 256 (Act March 3, 1911, c. 231, 36 Stat. 1100, see Historical and Revision Notes under 28 U.S.C.A. § 1333), was not limited to remedies in the common-law courts, but embraced all methods of enforcing rights and redressing injuries known to the common or statutory law. Kennerson v. Thames Towboat Co., 89 Conn. 367, 94 A. 372, 375, L.R.A. 1916A, 436. See, also, Northern Pacific S. S. Co. v. Industrial Acc. Commission of California, 174 Cal. 346, 163 P. 199, 202.
[5] COMMON-LAW TRADE-MARK. One appropriated under common-law rules, regardless of statutes. Stratton & Terstegge Co. v. Stiglitz Furnace Co., 258 Ky. 678, 81 S.W.2d 1, 3.
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[7] 17 U.S. Code § 401. Notice of copyright: Visually perceptible copies. 17 U.S. Code CHAPTER 5— COPYRIGHT INFRINGEMENT AND REMEDIES.

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Organizations, such as charities, seeking Federal tax exemption are required to file an application with the Internal Revenue Service (IRS).  Other organizations, such as social welfare organizations, may file an application but are not required to do so.  - https://www.treasury.gov/tigta/auditreports/2013reports/201310053fr.html#background

The IRS defines a social welfare organization as: [A]n organization is operated exclusively for the promotion of social welfare if it is primarily engaged in promoting in some way the common good and general welfare of the community.  - https://www.irs.gov/pub/irs-tege/eotopici03.pdf

RISE OF THE MOORS is a civic organization and is therefore tax-exempt.  In Erie Endowment v. United States, 316 F.2d 151, 156 (2d Cir. 1963), the court, in defining a civic organization, summed up the matter by stating that "the organization must be a community movement designed to accomplish community ends."

While some activities promote social welfare only if the community as a whole is the recipient of services, a membership organization is not automatically precluded from exempt status. In the exceptional case, an organization whose services are made available solely to its members may qualify. In such cases, it must be clearly established that making the service available to the membership benefits the community as a whole. Social welfare organization may engage in some political activities, so long as that is not its primary activity. 

Murdock v. Pennsylvania, 319 U.S. 105 (1943).
https://supreme.justia.com/cases/federal/us/319/105/

The mere fact that the religious literature is "sold", rather than "donated" does not transform the activities of the colporteur into a commercial enterprise.

A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution.

A community may not suppress, or the State tax, the dissemination of views because they are unpopular, annoying, or distasteful.

But the mere fact that the religious literature is "sold" by itinerant preachers, rather than "donated," does not transform evangelism into a commercial enterprise. If it did, then the passing of the collection plate in church would make the church service a commercial project. The constitutional rights of those spreading their religious beliefs through the spoken and printed word are not to be gauged by standards governing retailers or wholesalers of books. The right to use the press for expressing one's views is not to be measured by the protection afforded commercial handbills. It should be remembered that the pamphlets of Thomas Paine were not distributed free of charge. It is plain that a religious organization needs funds to remain a going concern. But an itinerant evangelist, however misguided or intolerant he may be, does not become a mere book agent by selling the Bible or religious tracts to help defray his expenses or to sustain him. Freedom of speech, freedom of the press, freedom of religion are available to all, not merely to those who can pay their own way. As we have said, the problem of drawing the line between a purely commercial activity and a religious one will, at times, be difficult. On this record, it plainly cannot be said that petitioners were engaged in a commercial, rather than a religious, venture. It is a distortion of the facts of record to describe their activities as the occupation of selling books and pamphlets. And the Pennsylvania court did not rest the judgments of conviction on that basis, though it did find that petitioners "sold" the literature. The Supreme Court of Iowa, in State v. Mead, 230 Iowa 1217, 300 N.W. 523, 524, described the selling activities of members of this same sect as "merely incidental and collateral" to their "main object, which was to preach and publicize the doctrines of their order." And see State v. Meredith, 197 S.C. 351, 15 S.E.2d 678; People v. Barber, 289 N.Y. 378, 385-386, 46 N.E.2d 329. That accurately summarizes the present record.

Those who can tax the exercise of this religious practice can make its exercise so costly as to deprive it of the resources necessary for its maintenance. Those who can tax the privilege of engaging in this form of missionary evangelism can close its doors to all those who do not have a full purse. Spreading religious beliefs in this ancient and honorable manner would thus be denied the needy. Those who can deprive religious groups of their colporteurs can take from them a part of the vital power of the press which has survived from the Reformation.