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Words from the Rising Republics

 

Humpty Dumpty sat on a wall, Humpty Dumpty had a great fall; Threescore men and threescore more, couldn’t place Humpty Dumpty as he was before.

      Kansas Supreme Court ruling in Landmark National Bank v. Kesler, 2009 LEXIS 834, the court held that a nominee company called MERS has no right or standing to bring an action for foreclosure. Nobody has standing to foreclose. There are two sides to any contract. When both sides default, the contract is unenforceable.

     The bank defaulted when it abandoned its trust responsibilities by settling the promissory note through changing the debt to a stock without disclosure to the debtor. The debt so treated cannot be enforced unless the debtor is conned into allowing the “color of law” to proceed.

Quotes from the case:

     The real parties in interest concealed behind MERS have been made so faceless, however, that there is now no party with standing to foreclose. The Kansas Supreme Court stated that MERS’ relationship “is more akin to that of a straw man than to a party possessing all the rights given a buyer.” The court opined:

     “By statute, assignment of the mortgage carries with it the assignment of the debt. . . . Indeed, in the event that a mortgage loan somehow separates interests of the note and the deed of trust, with the deed of trust lying with some independent entity, the mortgage may become unenforceable. The practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the note to foreclose, unless the holder of the deed of trust is the agent of the holder of the note. Without the agency relationship, the person holding only the note lacks the power to foreclose in the event of default. The person holding only the deed of trust will never experience default because only the holder of the note is entitled to payment of the underlying obligation. The mortgage loan becomes ineffectual when the note holder did not also hold the deed of trust.” [Citations omitted; emphasis added.]

     “The sole goal of the [bailout schemes] is to prevent owners of mortgage-backed securities, many of them foreigners, from suing U.S. banks and forcing them to buy back worthless mortgage securities at face value – right now almost 10 times their market worth. The ticking time bomb in the U.S. banking system is not resetting subprime mortgage rates. The real problem is the contractual ability of investors in mortgage bonds to require banks to buy back the loans at face value if there was fraud in the origination process.

     “. . . The catastrophic consequences of bond investors forcing originators to buy back loans at face value are beyond the current media discussion. The loans at issue dwarf the capital available at the largest U.S. banks combined, and investor lawsuits would raise stunning liability sufficient to cause even the largest U.S. banks to fail, resulting in massive taxpayer-funded bailouts of Fannie and Freddie, and even FDIC . . . .

     “What would be prudent and logical is for the banks that sold this toxic waste to buy it back and for a lot of people to go to prison. If they knew about the fraud, they should have to buy the bonds back.”

   Humpty Dumpty cannot not be made whole, again. A Bail-Out is the application of make-up on the face of a corpse. Two million foreclosures this year will expose the blood dropping from the hands of the three branches of government. It must be set right. “Be sure your sins will find you out.”

Words from the Rising Republics

 

One’s private life is his alone, even President Trump. The public cannot interfere.

Hale v. Henkel, 201 U.S. 43(1906)

Hale v. Henkel was decided by the united States Supreme Court in 1906. The opinion of the court states, in part:

     Page 201 U. S. 44 "There is a clear distinction between an individual and a corporation, and the latter, being a creature of the State, has not the constitutional right to refuse to submit its books and papers for an examination at the suit of the State;"

     Page 201 U. S. 74 "The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."

     Hale v. Henkel is binding on all the courts of the United States of America until another Supreme Court case says it is not. No other Supreme Court case has ever overturned Hale v. Henkel.

     None of the various issues of Hale v. Henkel have ever been overruled.

Since 1906, Hale v. Henkel has been cited by the Federal and State Appellate Court systems over 1,600 times! In nearly every instance when a case is cited, it has an impact on precedent authority of the cited case.

     Compared with other previously decided Supreme Court cases, no other case has surpassed Hale v. Henkel in the number of times it has been cited by the courts.

     "Stare Decisis" is the term to use in an Affidavit as a "Belligerent Claimant at Law" to rebut an alleged frivolous assertion. You may also use Article 4, Section 1,"judicial proceedings" & Section 2 to bolster instructions to the court, pursuant to the Mandatory Judicial Notice of the Federal Rules of Evidence 201-d. The court cannot overlook the 1600 citations wherein Hale v. Henkel has been used to assert the adherence to established precedents and not to disturb or unsettle the same. This is supported by one of the bedrock principles of our legal system is “stare decisis et non quieta movere” which, according to Black’s Law Dictionary, means “[t]o adhere to precedent and not to unsettle things which are established”. Found in Black’s Law Dictionary, Fifth Edition (1979), page 1261, citing Ballard County v. Kentucky County Debt Commission, 290 Ky. 770. (1942), 162 S.W.2d 771, 773. et al.



The Declaration of Independence canceled any notion that kings ruled by Divine Right. The Prince of this World could only offer bondage. God gave each of his creation the opportunity to be free simply by accepting His plea, a free gift or remedy provided the remedy was accepted, from the heart, within a specified length of time. After death, one who refused the free remedy has an eternal hell to pay.

The Constitution granted freedom governed through “public Law”. Since 1933, all Americans are today governed by “public policy”. Rid yourself of “default thinking” and embrace “future based thinking” where freedom alone prevails.

DECLARE FREEDOM FOR YOURSELF
RECORD YOUR OWN “FREEDOM CHRONICLES”.
LET THE WORLD HEAR YOUR SHOUT

“FREE AT LAST. FREE AT LAST.
THANK GOD ALMIGHTY.  FREE AT LAST”.