Words from the Rising Republics
January 16, 2016
From: Haywood Jackson Mizell January 15, 2016
To: Gov. Robert Bentley
Dear Gov. Bentley,
This letter is a request that you secure the passage of new law, which clarifies existing law, and this new law will regulate the financial industry concerning promissory notes and mortgages. Please note that there is sufficient law in place guaranteeing the same results. However, the judicial system, including practicing attorneys, have adopted measures that give the appearance that old established law can be ignored.
The net results of the departure from the old established law by the lower courts, which have been guided in large part by unfaithful attorneys and not by the law, has been devastating. It is the objective of this letter to request a clarification of the law so that there can be no misguided efforts. The transfer of $40 Billion of Alabama assets from the many to the very few is the product of the current departure from the law, which has in the past protected private property rights. Some magazines declare such acts as the greatest theft in the history of mankind. Law enforcement has seized and conveyed property without evidence of debt, that is, other than a photocopy of false instruments, all preventing the lawful owner from sale of his property or a refinance of his obligation. Such practice in every state has reduced the citizens thereof to mere peons who can no longer own property, but are renters only. Today,eighty-eight percent of those who have mortgaged their property since 1999 have not yet been awakened to this crime because they have not attempted a sale of the mortgaged property or have not tried refinancing with unconditioned title. The legislative branch must get the judicial and law enforcement’s attention. It has been said that the judge who frees a criminal becomes a criminal himself.
If the FBI is to be believed, its investigation and the testimony of that investigation to Congress determined that 80% of all mortgage fraud was on the part of the lender not the borrower. The lender has deceived the population into directing their rage at the borrower not the lender.
Wall Street has been turned into a gambling casino where the chips are made up, in part, of the promissory notes that have been traded and kept in circulation even after they have been satisfied. Several trillion dollars are in circulation that have value no more than worthless paper. Unfortunately, 44 % of all national assets is now in the hands of less than 1% of the population. This tragic transfer has all been accomplished since the repeal in 1999 of the Glass-Stegall Act. In January 2015 by a unanimous ruling the Supreme Court of the United States it was declared that the Truth in Lending Act was not only the law of the land, but was the remaining protection for the consumer.
This requested law will assist with the compliance of what the Supreme Court calls the law of the land. The law is simple. A mortgage cannot be separated from the evidence of debt, which is embodied in a promissory note. Both must be kept in a locked-fireproof container and returned to the borrower when full payment is made. Any alteration to these instruments renders both null and void.
The passage of the new requested legislation will serve to forestall the financial industry’s effort to make legal its unlawful plunder. Massachusetts is the current battlefield for the making of such cheating legal. Priority must be given to this legislation so that the reckless disregard of the law may be halted promptly. No longer will the lawful property owners be deprived of the protection the law has always afforded. The legal profession should eagerly adopt support of the proposed legislation and recognize it as helping to secure the sanctions of honor and good faith to which it is entitled.
The California legislature has seen fit to adopt a similar measure, adopted both by the legislature and was ruled on by the California Courts. See below.
The Kansas State Supreme Court has found that there are more than 60 million who have been made peons by this plunder, now made to appear legal. There can be no greater priority than to remove the word legal from the plunder that is cleverly hidden from the most focused eye. Please protect the citizens of Alabama from such crimes.
It is simple. The Alabama code requires that an instrument be returned to its maker when full payment is made even when paid by the sale of the mortgaged property. The current standard practice is to scan the promissory note and then shred after three days, and then to put it immediately into commercial circulation. Foreclosure is the inevitable result of the lender being demanded to abide by the law. The reduction in interest is forbidden territory because the note is the evidence debt, and there can, by definition, be no refinance of a debt that does not exist. The thief then forecloses using only a photo provided you don’t give them the money anyway, just like any common robber who will kill you if you don’t surrender the money, unfortunately law enforcement is the holder of the pistol.
California Civil Code § 2941 (b)(1)(A)-(C)
(C) Following execution and recordation of the full re-conveyance, upon receipt of a written request by the trustor or the trustor's heirs, successors, or assignees, the trustee shall then deliver, or caused to be delivered, the original note and deed of trust to the person making that request.
(Civ. No. 22722. Court of Appeals of California, Fourth Appellate District, Division One. July 14, 1980.) The court further held “homeowners cannot be evicted, consistent with due process guarantees, without being permitted to raise the affirmative defenses which if proved would maintain their possession and ownership.” Id. at 146. (Emphasis Added)
Mills v. Duryee, 11 U.S. (7 Cranch) 481 (1813) Merits of case settled by courts of one state must be recognized by the courts of other states
On a personal note, before filing a Misprison of felony, I resigned as Vice Chairman of a Bank Board because I did not wish to face my Maker and give an account to Him as a common thief. It is my sincere belief that you as Governor will prove to be a faithful servant.
Just this week, the Powerball winner must surrender the winning ticket to get the winnings. Make the lender comply.
Haywood Jackson Mizell
cc: Steve Clouse
Montgomery Independent Newspaper