- Estate Law & The Feudal System (Mortgage Fraud) Trust Law 104
Estate Law & The Feudal System (Mortgage Fraud) Trust Law 104
18 U.S. Code § 2331. Definitions. 10
Alldoial Title and the Constitution. 12
Mortgage Writ of Discovery. 13
United States Supreme Court 19
CRAIG v. STATE OF MISSOURI (1830) 19
Argued: Decided: January 1, 1830. 19
United States Supreme Court 22
DON E. WILLIAMS CO. v. COMMISSIONER (1977) 22
Argued: December 8, 1976Decided: February 22, 1977. 22
First National Bank of Montgomery vs. Jerome Daly. 23
First National Bank of Montgomery, Plaintiff vs Jerome Daly, Defendant 24
16 Am Jur 2d, Sec 177 late 2d, Sec 256. 26
This booklet will be put into the most colloquial way possible for easy comprehension. This booklet will be written etymologically-sound to the best of my ability and the words used will be true to their definitive definition.
1. A Mortgage, as defined in Henry Campbell Black’s Law dictionary is merely a lien and does not create title to an estate. Easily put, if you get a mortgage, this does not mean you own the home. The same stands true to the deed of trust, this also does not mean you own the estate. The word deed simply means action and a trust is an abstract noun, being an idea, is placed on paper, as the mortgage and promissory note, which is to remain private, is supposed to be reflected in the “Deed of Trust” to ensure private information is not revealed to the public. Of course, just because things should be a certain way, doesn’t mean people will do it the correct way. These reigns true in the fact that you and others, have the right to contract. So, if you wish to do it “incorrectly” or pursuant to feudal law, you are well within your right. Just as if you were contracting pursuant to common-law or constitutional law you would be well within your right: i.e. slavery is a choice. As stated in the Holy Books – “To you your way and to me mine.”
Christian Black Codes of 1724 - Article 22: We declare that slaves have no right to any kind of property but that all that they acquire either by their own industry, or by the ability of others, or by any other means or title whatever shall be the full property of their masters; and the children of said slaves, their fathers, mothers, their kindred or other relation either free or slave shall have no pretensions or claim thereto, either through testamentary nor positions or donations inter vivace; which dispositions and donations we declare null and void, and also whatever promise they may have interred into by persons incapable of disposing of anything and or participating to any contract.
MORTGAGE. An estate created by a conveyance absolute in its form, but intended to secure the performance of some act, such as the payment of money, and the like, by the grantor or some other person, and to become void if the act is performed agreeably to the terms prescribed at the time of making such conveyance. 1 Washb.Real Prop. *475. A conditional conveyance of land. Mitchell v. Burnham, 44 Me. 299. A transfer of property passing conditionally as security for debt. Potter v. Vernon, 129 Okl. 251, 264 P. 611, 613. A debt by specialty, secured by a pledge of lands, of which the legal ownership is vested in the creditor, but of which, in equity, the debtor and those claiming under him remain the actual owners, until debarred by judicial sentence or their own laches, Coote, Mortg. 1. The foregoing definitions are applicable to the common-law conception of a mortgage. But in many states in modern times, it is regarded as a mere lien, and not as creating a title or estate. Zeigler v. Sawyer, Tex.Civ.App., 16 S.W.2d 894, 896. It is a pledge or security of particular property for the payment of a debt or the performance of some other obligation, whatever form the transaction may take, but is not now regarded as a conveyance in effect, though it may be cast in the form of a conveyance. Muth v. Goddard, 28 Mont. 237, 72 P. 621, 98 Am.St.Rep. 553; Johnson v. Robinson, 68 Tex. 399, 4 S.W. 625; Killebrew v. Hines, 104 N.C. 182, 10 S.E. 159, 17 Am.St.Rep. 672; Stockel v. Elich, 297 P. 595, 597, 112 Cal.App. 588; In re Morgan, D.C.N.J., 39 F.2d 489, 490. Chattel mortgage. A mortgage of goods, chattels, or personal property
2. A promissory note is exactly what it sounds like. It’s a promise, written down, thus, in the form of a note, like when you pass notes in high-school. This is where the 4-corner rule comes into play. As opposed to filing a claim in court based on a verbal promise, which, without video or audio evidence would be difficulty to prove. It becomes easier for everyone to just write things down. This written expression of thought is also where we get the phrase “expressed trust.” It is just that simple.
3. 4 Corner Rule, simply means, any civil litigation based on contracts will not be based on what litigants say about the contractual agreement, as far as terms and conditions. But solely and strictly based on the written agreement (law) of the contract itself, this is based in equity. Of course, with other pre-imposed conditions. Such as full-disclosure, honor, mental status, equal valuable exchange and consent, et alia.
4. The word mortgage, etymologically, means dead pledge.
5. The mortgage is merely a lien on the house. Which the mortgage contract / promissory note, states that, if the amount allegedly loaned is not paid in full, based on a default, then the house is taken as collateral. Thus, the home is the collateral interest in the mortgage contract.
6. All mortgages are liner-contracts.
7. The alleged loaning agency (creditor) never loaned you anything of actual value, which makes the entire deed (action) void ab initio. But, since credit is an abstract noun (not physical), and you agreed that they are the creditor and not the lender, they contractually don’t have to give you anything. Since you do not challenge this via an adverse claim and agree via your ignorant (tacit) compliance (acquiescence) and trust that these people are going to be honest with you simply because they have a suit and a smile on their face. You become their Chattel by consent, agreement, and your own ignorant free-will.
Ignorant – Late 14th century., “lacking wisdom or knowledge; unaware.” From Old French (14th Century) ignorant, from Latin ignorantem (nominative /pertaining to - ignorans) “not knowing,” “not to know, to be unacquainted, mistake, misunderstood; take no notice of, pay no attention to.”