Great Amazon Stuff !
The Greatest Crime Against Humanity
With the advent of the internet in the eighties and knowledge no longer being restricted to well-controlled sources one of the things that I discovered was the facts about the way money works in this world. We've all heard the various sayings about 5% of the world's population holding 95% of the world's wealth but not many are sure how and why this is our reality.
Doing some online research about what is money and how is it created will inevitably lead one to discover the surprisingly fraudulent ways in which banks create money and make loans. Because the world's banking systems, as they exist now, continue to cause pain and suffering in generation after generation of mankind I consider this insidious "con-job" of a banking and monetary system to be the greatest crime against humanity.
Rather than re-iterate the way money should work and the way it does work and rather than re-write the advantages and disadvantages of MONETARY REFORM I urge you to view the various hubpages and online materials to educate yourself.
There has been a movie called "Zeitgeist" making the rounds online and it discusses and exposes the various historical persons, events and laws over the past years that have led us into the almost hopeless situation we now find ourselves in. God has declared that this movie is now MANDATORY for all humans incarnated on Earth so if you haven't watched it, grab a bag of popcorn and do so right now.
One aspect of the Zeitgeist movie I would like to devote this hubpage to is referred to as the "Credit River Decision" or the case of Jerome Daly vs the state of Wisconsin. In this case Jerome Daly defended himself against a lawsuit brought by a bank holding the mortgage on his house. Mr. Daly had defaulted on the mortgage and the bank was suing to foreclose and take his house.
Unfortunately for the bank, even thought it was 1969 and all good little citizens were doing as they were told, never daring to question any kind of authority, Mr. Daly was well educated in the way banks create money. Mr. Daly knew that when a bank makes a loan, it instantly creates money by the stroke of a pen in a ledger, which then is transferred to the borrower's account. (and of course the borrower has to pay back the loan with real money...plus interest. This, of course is the BIG problem simply stated.) Mr. Daly, also being a lawyer knew very well about the "Law of Consideration" meaning, essentially, that a contract was null and void if both parties are not exchanging something of inherent value.
Mr. Daly argued, and somehow got the bank to admit, that they created the money with a stroke of a pen at the time of the loan (and that there was no actual official law empowering them to do so.) Since the bank did not "put up" anything of value (other than the ink from the pen) for Mr. Daly's home mortgage, there was no consideration, therefore the mortgage agreement was null and void.
Justice Martin V. Mahoney ruled against the bank and denied the foreclosure. Mr. Daly kept his house and paid no more mortgage.
Six months later Justice Mahoney was found dead (allegedly by poison) and Mr. Daly was disbarred and never practiced law again.
It really sucks that anytime somebody tries to identify this problem, this crime that these banker-criminal-devil-jerks have been perpetuating for the last few hundred years they are quickly silenced. Abraham Lincoln tried to stop it. They killed him. John Kennedy tried to stop it. They killed him. Unfortunately, those in power, have all the power...and they like it that way....and they have lots of money to hire assassins with. So we are beat. There's nothing we can do. Except one thing.
All we can do is use the power of collective imagination to IMAGINE one or two of these bankers starting to feel guilty...and deciding to bring down there own system. I can imagine a world in which the monetary system benefits ALL of humanity. Can you imagine this?
A Summary of the Facts
Here is a brief summary of the facts.
- Jerome Daly had a mortgage with the First National Bank of
Montgomery , Minnesota .
In Spring 1967, he was $476.00 in arrears, the bank foreclosed and bought the property at a Sheriff's sale on June 26, 1967.
The bank sued for possession.
- A jury trial , presided over by Martin V. Mahoney, Justice of the Peace, Credit River Township , Scott County, Minnesota, was held on December 7, 1968.
- The bank's president, one Lawrence V. Morgan (familiar name?) appeared along with lawyer R. Melby for the plaintiff and Jerome Daly, who was a lawyer, appeared on his own behalf.
In other words:
"The Credit River Decision," which is, still "The Law of the Land" declared the following
- the Federal Reserve Act is unconstitutional and VOID
- the National Banking Act is unconstitutional and VOID
- the mortgage acquired by the First National Bank of Montgomery, Minnesota in the regular course of its business, along with the foreclosure and the sheriff's sale, to be VOID
I Don't Have to Pay My Mortgage?!?!
What Happened Next - Can You Use This Defense?
I have investigated the Jerome Daly case and what I found was just as interesting as the outcome. The whole case was based on trying to expose the scam we call mortgage loans. It was crafted to expose the fact that banks create money out of thin air by depositing your note onto their books as an asset and then loaning that same asset back to you as a loan so basically you are loaning yourself the money.
Most people in this country have been led to believe that the money loaned by the bank is from the deposits of the banks customers. The more money the public saves, the more it can use that money to lend. In a way, the banks slide of hands accomplishes this task by creating your deposit based on the note you sign and then lending it back as if it was already on the books.
The Jerome Daly case was an attempt to prove it once and for all, the problem was that no judge in any court that had jurisdiction would allow the evidence to be admitted. The borrower would request the book keeping ledgers in discovery and the bank would refuse and the judge would side with the bank. In some cases, the judge would force the case to be settled before any such evidence could be entered on record. Since most people are ignorant of the issue, the bank would simply take the loss, after all is was all free money to begin with. To get around this, the bank in the Daly case was served with a complaint in front of a justice of the peace.
The Bank didn’t realize this until after the President of the Bank was forced to testify and admit to the scam under oath. He figured that when he testified, there would be a handy judge there to say he did not have to answer those questions. After his testimony, the jury was immediately sent to deliberate and came back with that verdict that has become so famous.
What followed was an uproar starting with the State Bar, then the State Supreme Court which ruled that the entire case was a nullity and the attorney and the justice of the peace spent several decades trying to get their license to practice law back.
The same thing happens today with the income tax cases. There is no law that says you are required to file an income tax because the law only applies to corporations or foreign nationals. As soon as the defense tries to claim that he was not required to file a tax return, it is immediately ruled as frivolous and that it can not be used in that court as a defense. The IRS and Judges have made claiming you are not required to file an income tax claim so toxic that it is even considered below UFO sighting claims.
There was a recent case where the IRS tried to make an example out of an attorney who wrote a book that said there was no law requiring a person to file an income tax return.The Tom Cryer jury returned a verdict of not guilty on all charges. The case will never be used or seen for that matter in the cases cited in court because it is not a published opinion since it was decided correctly, no appeal required, no published case law.
An interview about the case with an associate Justice who knew and worked with Justice Martin V. Mahoney:.
The " Credit
River Decision" handed down by a
jury of 12 on a cold day in December, in the Credit River Township Hall, was an
experience that I'll never forget.
The Chief Justice of the Minnesota Supreme Court had phoned me a week before the trial and asked me if I would be an associate justice in assisting Justice Martin V. Mahoney since he had never handled a jury trial before. I accepted, and it took me two hours to get my car running in the 22 below zero weather.
I got to the courtroom about 30 minutes before trial, and helped get the wood stove going, since the trial was being held in an unheated storeroom of a general store. This was the first time I met Justice Mahoney, and I was impressed with his no nonsense manner of handling matters before him. My object was to help pick the jury, and to keep Jerome Daly and the attorney representing the Bank of Montgomery from engaging in a fist fight. The courtroom was highly charged, and the Jury was all business.
The banker testified about the mortgage loan given to Jerome Daly, but then Daly cross examined the banker about the creating of money "out of thin air," and the banker admitted that this was standard banking practice. When Justice Mahoney heard the banker testify that he could "create money out of thin air," Mahoney said, "It sounds like fraud to me." I looked at the faces of the jurors, and they were all agreeing with Mahoney by shaking their heads and by the looks on their faces.
I must admit that up until that point, I really didn't believe Jerome's theory, and thought he was making this up. After I heard the testimony of the banker, my mouth had dropped open in shock, and I was in complete disbelief. There was no doubt in my mind that the Jury would find for Daly.
Jerome Daly had taken on the banks, the Federal Reserve Banking System, and the money lenders, and had won.
It is now twenty eight years since this "Landmark Decision," and Justice Mahoney is quoted more often than any Supreme Court justice ever was. The money boys that run the "private Federal Reserve Bank" soon got back at Mahoney by poisoning him in what appeared to have been a fishing boat accident (but with his body pumped full of poison) in June of 1969, less than 6 months later.
Both Jerome Daly and Justice Martin V. Mahoney are truly the greatest men that I have ever had the pleasure to meet. The Credit River Decision was and still is the most important legal decision ever decided by a Jury. - Bill Drexler
1776@1776Reloaded.org on July 10, 2018:
To Bernard Sussman and those that question the validity of this case and its bona fide conclusions... This Case was a common Law Jury Trial that can never be overturned by any foreign De facto Kangaroo Court ran by BAR (Crown Franchised agents) post facto... as they attempted to do. If you were to do some more digging you will find that this case highlights a trail to one of the biggest frauds over humanity perpetuated by the Black Nobility Crime families that goes back to the time of Babylon, Egypt et al. The Money system we have all been enslved under is a Babylonian Talmudic (Satanic) Slavery System. This is what the case uncovered. We do not need to rely on the words of the credit River Case for this fact.... Mandell House, Woodrow Wilsons controller who was directly engaged in the organization of the Federal Reserve Crime Syndicate for foreign enemies EXPLAINS HOW THE AMERICAN SLAVERY SYSTEM WILL FUNCTION:
“[Very] soon, every American will be required to register their biological property in a National system designed to keep track of the people and that will operate under the ancient system of pledging. By such methodology, we can compel people to submit to our agenda, which will affect our security as a chargeback for our fiat paper currency.
Every American will be forced to register or suffer not being able to work and earn a living. They will be our chattel, and we will hold the security interest over them forever, by operation of the law merchant under the scheme of secured transactions. Americans, by unknowingly or unwittingly delivering the bills of lading to us will be rendered bankrupt and insolvent, forever to remain economic slaves through taxation, secured by their pledges.
They will be stripped of their rights and given a commercial value designed to make us a profit and they will be non the wiser, for not one man in a million could ever figure our plans and, if by accident one or two would figure it out, we have in our arsenal plausible deniability.
After all, this is the only logical way to fund government, by floating liens and debt to the registrants in the form of benefits and privileges. This will inevitably reap to us huge profits beyond our wildest expectations and leave every American a contributor or to this fraud which we will call “Social Insurance.”
Without realizing it, every American will insure us for any loss we may incur and in this manner; every American will unknowingly be our servant, however begrudgingly. The people will become helpless and without any hope for their redemption and, we will employ the high office of the President of our dummy corporation to foment this plot against America.”
Bernard Sussman, are the facts of the argument true? That is the point. on July 04, 2018:
Bernard Sussman, are the facts of the argument true?
Bernard J. Sussman on February 05, 2017:
The "poison" that Drexler says was "allegedly" "pumped" into Mahoney was alcohol and Mahoney pumped it into himself and very enthusiastically and over a long period of time. He died in a boating accident, severely intoxicated. He had achieved Jeff Foxworthy's criterion of being a Redneck - he was too drunk to fish.
As for the pretended court decision that we are told is "still good law":
Jerome Daly had printed in a newsletter and mounted on the internet the purported text of a long argument (sometimes called the Credit River Decision) purportedly issued by a Minnesota Justice of the Peace, Martin Vincent Mahoney, in 1969, in a case involving Daly (“First National Bank of Montgomery v. Daly”, arising from Daly’s nonpayment of a mortgage), by which Mahoney (a non-lawyer described by Daly as a “dirt farmer”) supposedly upheld the “vapor money” theory that Daly owed nothing to the bank creating a credit line or otherwise making a home purchase possible because the bank had not handed him actual currency (meaning, perhaps, gold or silver coin), and further “directed” the county court (a court above his own JP court) not to accept FRNs from the bank for the filing fee in the lawsuit against Daly on the pretext that FRNs are not real money; this is a very long and convoluted “decision” with the sort of legalistic writing that is not expected of a JP, much less the jury of a JP court, and, altho its internet caption is that FRNs were “declared unconstitutional, null and void by the court”, it is extremely doubtful that a JP in Minnesota or anywhere else has that sort of clout; more to the point, it appears that this decision was the result of collusion between Daly and Mahoney and had been done even after a State Supreme Court Justice had ousted the JP from participating in the suit, as described in In re Daly (1969) 284 Minn 567, 171 NW2d 818, which held that the JP had exceeded his authority. By that time, Mahoney had inconsiderately died (in a boating accident, apparently very drunk, eight months after the purported decision) so he was beyond the court’s ability to punish him, Zurn v. Northwestern National Bank (1969) 284 Minn 573, 170 NW2d 600; but Daly was charged with contumacious contempt of court and suspended from the bar, which was followed by permanently disbarring him. In re Daly (1971) 291 Minn 488, 189 NW2d 176; the decision issued by Mahoney was similarly declared a nullity because outside the JP’s jurisdiction. Zurn v. Northwestern National Bank (1969) 284 Minn 573, 170 NW2d 600; ditto (“To avoid the necessity of further proceedings to vacate and set aside any action taken herein by Mr. Mahoney, ... we declare all proceedings in this matter in the justice [of the peace] court subsequent to ... August 15, 1969, a nullity. Minnesota Statute 531.115 provides for removal as a matter of right from a Justice of the Peace court to a court presided over by a salaried judge, and it requires the justice of the peace to transmit the file of such action ‘forthwith’.” - in other words, Mahoney’s attempt to prevent the regular court from hearing the case by declaring the money unacceptable was contrary to statute.) Daly v. Savage State Bank (1969) 285 Minn 503, 171 NW2d 218. The use of Mahoney’s “decision” did not impress real judges. Brobeck v. CIR, TC Memo 1980-239 affd 681 F2d 804(t); Cupp v. CIR (1975) 65 Tax Ct 68 affd 559 F2d 1207; Fahy v. CIR, TC Memo 1982-37; Vecchione v. US Bank National Assn (ED N.C. 4/21/09); DiRuzzo v. Commissioner of Revenue (Minn.Tax Ct 5/20/77); D.A. Field v. Bank of America (D.Minn 2/22/11)(“The Daly case appears to be an anomalous proceeding that has gained legendary status in a small corner of the internet blogosphere. ... Needless to say, [First Nat’l Bank v.] Daly itself is a fraud that has been rejected by other courts.”). Litigants were actually forbidden to make reference to the so-called Credit River Decision. Sneed v. Chase Home Finance LLC (SD Cal 6/27/07) 2007 u.s.dist. LEXIS 46536, 2007 WL 1851674 (found as “Sneed v. First Federal Bank of California” in Findacase.com) and quoted in Vecchione v. US Bank National Assn (ED N.C. 4/21/09) and also in D.A. Field v. Bank of America (D.Minn 2/22/11). “It has absolutely no precedential value as it ... was vacated by the Minnesota Supreme Court.” Vincent v. Countrywide dba Bank of America (ND Cal 10/16/13).
The Minnesota State Law Library has a very helpful website (full disclosure: it references a previous edition of this compilation) with an extensive explanation and collection of documents on this purported decision: http://www.lawlibrary.state.mn.us/askfaq.html#cred... . Among the documents is a detailed affidavit by the bank’s lawyer about how this “decision” was a put-up job done with a JP, an “assistant JP” (William E. Drexler, who was subsequently disbarred and then convicted of tax evasion and fraud), and a number of “jurors” all of whom turned out to be clients and adherents of Daly. With specific reference to the use of FRNs to pay court filing fees, this has been held to be a proper mode of payment (including by check that is immediately convertible to FRNs). First National Bank of Black Hills v. Treadway (S.D 1983) 339 NW2d 119; cited in Federal Land Bank v. Felt (S.D 1985) 368 NW2d 592.
Ascension Bernal on April 26, 2012:
(Official Trailer) THRIVE: What On Earth Will It Take? - YouTube
? 3:39? 3:39
Sep 7, 2011 - 4 min - Uploaded by ThriveMovement
Uploaded by ThriveMovement on Sep 7, 2011. Watch the full-length movie for FREE at: http://www ...
More videos for how old is thrive the movie »
Ascension Bernal on April 26, 2012:
There is a good documentary movie in youtube THRIVE (in more than 50 languages)
or go to www.Thrivemovement.com
they are working hard to help us.
Zenzero on October 28, 2010:
Here we have a wonderful eye opener on the corruption in the system we all live in.
I would like to direct you to a case, we shall call Mr. Sweet & how he got the better of the Banks.
The title to the main page is called Secret Oath.
Halfway down the page you will find, Mr. Sweet's Case Disappeared!
I believe you will find the whole page very interesting. This is a link to where you can read the whole scam that is being perpetrated upon humanity. http://www.apfn.org/apfn/secretoath.htm
Rophe Ortega on June 19, 2010:
Every day I look for Gems of this quality to smooth the bumps in the road between my left and right ear. Dr David Sorenson makes no accommodation for the intentional determination of the demise of most of our species. If by food, water, or beverage poisoning; or by economic enslavement.
Tim Turner on the other side of the debate is at least
making an attempt toward articulating a synthesis of Case Law that unfortunately borders on Information Over Dose which could be toxic.
In either case the agenda is selling a product to the public. A yet more commanding mind in the body of a
genuine human being is the mind of Dario Busch. Gifted,
Creative, Scholarly and humble.
In Dario's case he is enfranchised by not being a US Chattel like most of us. To me that means the he has
less stress to deal with that lets him create the real
time utopia he has achieved.
I am a dwarf in the shadow of the three mental giants.
The only one of the three that inspires me beyond measure
is Dario. YouTube Dario Busch and discover how to add real value to your life.
RogueRon on June 11, 2010:
MY BROTHER, MY HERO, DIED RECENTLY FROM THAT MOST INSIDIOUS OF DISEASES, PANCREATIC CANCER. RICK WAS AN ATTORNEY, AND A MAN'S MAN. KNOWN TO HIS FRIENDS AS "RANGER RICK", HE WOULD RATHER SPEND ANY DAY FACING DOWN DEATH IN THE TEETH OF CLASS 5 WHITEWATER THAN TRYING A CASE. NEVERTHELESS, HE WOULD HAVE JUMPED AT THE CHANCE TO TAKE ON MY CREDITOR BANK WHEN THEY FORECLOSED ON MY DREAM RETIREMENT HOME HERE IN SOUTHERN OREGON.
I DON'T KNOW IF HE WAS FAMILIAR WITH THE JEROME DALY/CREDIT RIVER CASE AND JUSTICE MAHONEY'S DECISION, BUT I KNOW FOR CERTAIN THAT HE WOULD HAVE INSTANTLY TAKEN A LIKING TO THE JURIST. THAT AND THE FACT THAT HIS YOUNGER BROTHER WAS IN DANGER OF LOSING THE HOME HE HAS DREAMED OF ALL OF HIS ADULT LIFE, AND FINALLY, FIRED BY THE FLAMES OF FREEDOM; RICK WOULD HAVE ARGUED MY CASE FOR ME, I HAVE NO DOUBT.
UNFORTUNATELY, I HAVE LITTLE CONFIDENCE THAT SUCH A CHAMPION OF THE LITTLE GUY'S RIGHTS . . . THE RIGHTS OF JOE CITIZEN . . . STILL EXISTS AFTER MY BIG BROTHER'S DEPARTURE. WORSE, I HAVEN'T A CLUE WHERE I WOULD FIND SUCH AN ATTORNEY . . . SUCH A CHAMPION . . . IF ONE DOES EXIST.
HOW DID THINGS GET SO FAR GONE AS TO EMBOLDEN THE WORLD DOMINATION CROWD AND INTIMIDATE THE AVERAGE CITIZEN AS TO MAKE HIM FEEL HELPLESS AND HOPELESS. WHERE HAVE THE GUARDIANS OF FREEDOM BEEN IN THE LEGAL PROFESSION, THE ONLY ONES WHO COULD HAVE AND SHOULD HAVE SHINED THE LIGHT OF TRUTH AND RIGHTEOUSNESS ON THE UNDERHANDED, INSIDIOUS SKULDUGGERY THE GLOBALISTS HAVE BEEN WORKING TO GET US SO FAR DOWN THIS PATH OR FINANCIAL RUIN. DIDN'T ANYONE BUT JEROME DALY AND JUSTICE MAHONEY UNDERSTAND, OR WERE THEY THE ONLY ONE'S WITH THE BALLS TO DO SOMETHING?
UNBELIEVABLE. SHAME ON US.
Reuben Nieves on April 09, 2010:
Here is my petition to the Supreme Court of the United States I will be submit in the next week or two.
PETITION FOR A WRIT OF CERTIORARI
The Court of Appeal for the Ninth Circuit as well as other federal appellate courts have decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court.
Petitioner Reuben Nieves, a homeowner who has been foreclosed non-judicially, and millions in danger of being foreclosed non-judicially, respectfully prays that a writ of certiorari be issued to review the judgment of the Ninth Circuit Court of Appeal. The issue is one of First Impression to this Court because this court has never decided whether a federally chartered bank corporation created under an act of Congress to provide an important public and national purpose could use a non- judicial procedure that allows the taking of a property interest without a hearing thus violating the 5th Amendment. This Court has made numerous decisions which would have been relevant in determining whether non-judicial procedures were applicable given the nature of these corporations. The Ninth Circuit’s decision is contrary to clearly established Supreme Court law. The issue involves a provision in a mortgage contract which allows the bank( Wachovia Mortgage fsb), a corporation federally chartered and created to use a non-judicial foreclosure to redeem the property. The issue goes to the core of the nature of federally chartered corporations created under special law for public and national purposes. This case deals with the right of these corporations to put such a provision in a contract. It is an issue which, in the context of the current economic crisis and massive foreclosures, sweeps the breadth of this nation like a plague destroying families and communities as it spreads, swelling the homeless population in its wake. This court is asked, as it was asked in the case of Fidelity Federal S & L Ass’n v Reginald De La Cuesta, 458 U.S. 141 (1982) , to decide upon an issue of great importance on another provision in a mortgage contract involving a right or immunity guaranteed by the Constitution that forms an essential element of plaintiff’s claim. An issue that is greater even than was decided in that case because it involves a constitutional right affecting the lives of millions of families across this nation.
The Ninth Circuit denied plaintiff’s petition for re-hearing on March 8th, 2010 and is attached as APPENDIX A.
The Opinion of the Ninth Circuit Court of Appeal was decided on December 8thth, 2009 and is attached as APPENDIX B
The order denying an emergency motion for preliminary injunction or stay was entered September 9th, 2009 and is attached as APPENDIX C.
The Order adopting the magistrates finding is dated August 8th, 2008 and attached as APPENDIX D
The Finding and Recommendations of the magistrate of the District Court is dated 06/24/2008 and is attached as APPENDIX E
The Supreme Court has jurisdiction under 12 U.S.C. 1254(1)
AND STATUTES INVOLVED
I. THE 5TH AMENDMENT to the Bill of Rights states :
“No person shall be. . .deprived of life, liberty, or property, without due
process of law.”
II. 12 U.S.C §§ 1461 Et seq.The HOME OWNERS’ LOAN ACT
AN ACT To provide emergency relief with respect to home mortgage indebtedness, to refinance home mortgages, to extend relief to the owners of homes occupied by them and who are unable to amortize the debt elsewhere, to amend the Federal Home Loan Bank Act, to increase the market the obligations of the United States and for other purposes:
III . Sec. 5[12 U.S.C. 1464] FEDERAL SAVINGS ASSOCIATION
(a) In GENERAL—In order to provide thrift institutions for the deposit of funds and for the extension of credit for homes and other goods and services, the Director is authorized, under such regulations as the Director may prescribe—
(1) To issue charters therefore, giving primary consideration of the best practices of thrift institutions in the United States. The lending and investment powers conferred by this section are intended to encourage such institutions to provide credit for housing safely and soundly.
IV. 12 cfr § 560. Applicability of law.
Occupation of field. Pursuant to sections 4(a) and 5(a) of the HOLA, 12 U.S.C. 1463(a), 1464(a), OTS is authorized to promulgate regulations that preempt state laws affecting the operations of federal savings associations when deemed appropriate to facilitate the safe and sound operation of federal savings associations…
V. 12 U.S.C. § 38. The National Bank Act
The Act entitled “An Act to provide a national currency secured by a pledge of United States bonds, and to provide for the circulation and redemption thereof,” approved June 3, 1864, shall be known as “The National Bank Act.”
VI. 12 U.S.C. § 24. Corporate powers of associations
Third. To make contracts.
Fourth. To sue and be sued, complain and defend, in any court of law and equity, as fully as natural persons.
Fifth. To elect or appoint directors, and by its board of directors to appoint a president, vice president, cashier, and other officers, define their duties, require bonds of them and fix the penalty thereof, dismiss such officers or any of them at pleasure, and appoint others to fill their places.
Sixth. To prescribe, by its board of directors, bylaws not inconsistent with law, regulating the manner in which its stock shall be transferred, its directors elected or appointed, its officers appointed, its property transferred, its general business conducted, and the privileges granted to it by law exercised and enjoyed.
Seventh. To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking. . .
STATEMENT OF THE CASE
This is an action brought by plaintiff for declarative and injunctive relief from a 5th Amendment violation as applied from an impending non-judicial foreclosure for the non-payment of installment payments required under the loan agreement between REUBEN NIEVES, plaintiff and Wachovia Mortgage fsb, formally World Savings Bank fsb, defendant based, in part, on defendant’s election to use a non-judicial foreclosure procedure which would deny plaintiff procedural due process under the 5th amendment, and beyond the scope of a law of Congress. Plaintiff alleges that the provision in the mortgage agreement requiring plaintiff to transfer his interest to a trustee with a power of sale is therefore ultra vires. Plaintiff alleges that Wachovia Mortgage fsb, is an instrumentality of the Federal Government, and as a federally chartered bank serving a public purpose in accordance with a federal mandate. Plaintiff , a 66 year old disabled real estate professional, whose livelihood was damaged by the wrongful acts of all lenders including defendant who befouled the real estate market by their reckless conduct. Defendant, as federally chartered bank, serves a public purpose pursuant to the Home Owner Loan Act(HOLA) .
A related petition[docket # 09-9045] is based on the reckless underwriting standards which defendant, in concert with all lenders who used stated income products, with adjustable rate mortgages and negative amortization and thereafter extended credit to people who could default upon the loan adjusting. The wrongful conduct of defendants had a “chilling effect” on the real estate market with the massive amounts of foreclosures that the lenders thrust unto the real estate market hugely discounting these homes and affecting the value of the surrounding homes to the point where homeowners could not refinance or sell their homes without incurring huge losses. Defendants’ actions undermined plaintiff’s ability to repay his mortgage debt to defendant. Plaintiff alleges t