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United States District Court

Central District of California

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c/o

Loan Number: _______________

naddress

notary_name_

ncity_,

(Notary)

Republic of

nstatenzip

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BANK_OF_TRUSTEE_SALE1

ATTN: Name_of_CEO, Chief Executive Officer, or assignee


LB_ADDRESS
LB_CITY_STATE_ZIP

Original: Marcella E. Belt, Chief Executive Officer, United States Office of Housing and
Urban Development
Cc: John C. Dugan, Comptroller of Currency, United States Attorney General Office,
ATTN: Antitrust Division, ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1, lwfirm, and O_TRUSTEE,
TRUSTEE_OF_SALE, FHA, Insurer of the account , MERS, alleged
beneficiary, and any and all assignees or nominees
thereof.

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[Pleading title summary] - 1

et al,

AFFIDAVIT OF FACTS

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Court Caption & Jurisdictional Authority of Court- Title 42

Section 1983

Explanation of the issue at law

Page 2
Verified Complaint

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Page 1

Applicable Law & Statutes


Page 3
Affidavit of Facts
Pages 3-4
Affidavit of Facts In Support Of My Claims and Real Defense
Pages 4-5
Demand for Remedy & Implementation of Real Defenses
Pages 6-8
Case Law In All Circuits and Supreme Court of The United States
Supporting Use of Statutes At Large As Superior To Title 12,
United States Code on Banks and Banking Pages 9-11
Guidelines of the National Bank Act Aka National Currency Act
Pages 12-15

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Page 2-3

Certificate and Verification of Service


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Title 42 Section 1983 Lawsuit

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Pursuant to Public Law at 42 Stat 13-15 as Original Intent of

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Congress prima facie code title 42, United States Code (U.S.C.)

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section 1983

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Every person who under color of any statute, ordinance,

[Pleading title summary] - 2

regulation, custom, or usage, of any State or Territory or the

District of Columbia, subjects, or causes to be subjected, any

citizen of the United States or other person within the

jurisdiction thereof to the deprivation of any rights,

privileges, or immunities secured by the Constitution and laws,

shall be liable to the party injured in an action at law, Suit

in equity, or other proper proceeding for redress, except that

in any action brought against a judicial officer for an act or

omission taken in such officer's judicial capacity, injunctive

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relief shall not be granted unless a declaratory decree was

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violated or declaratory relief was unavailable.

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purposes of this section, any Act of Congress applicable

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exclusively to the District of Columbia shall be considered to

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be a statute of the District of Columbia

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Summary of Issue:

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This case is a case of predatory lending and possible fraud. I,

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borrower_1_,

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ORIGINAL_LENDER, now BANK_OF_TRUSTEE_SALE1

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on

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Iwe, borrower_1_and borrower_2 allege no obligation of

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debt. Iwe borrower_1_, and borrower_2 also allege that the

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Bank Directors participated in an unlawful scheme in regards to

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Banking practices. These matters are taken up in this case.

and

borrower_2

allege

that

For the

the

corporation

is not the holder of a note

hishersour property. As they are not a holder of the note

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The issues include violations of Title 15 of the United States

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Code in regards to unlawful Debt Collection Practices.

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Summary II:

[Pleading title summary] - 3

1.

ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all

and borrower_1_, and borrower_2


participated in contract and commercial activity in respect to a
bond which is expressly governed by Federal law and the Uniform
Commercial Code which are uniform statutory laws of all of the
United States of America including the District of Columbia. ,
borrower_1_, and borrower_2 make the claim that the
instrument/obligation became voidable when the ORIGINAL_LENDER,
assignees or nominees

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SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees

participated in fraudulent and illegal activity violating the


rules of the laws under which the bond is expressly governed and
also violated their duty as officers sworn statutorily to Act
within the parameters of the National Bank Act and other
applicable statutes.

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VERIFIED COMPLAINT

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1)

ORIGINAL_LENDER now BANK_OF_TRUSTEE_SALE1, Directors, lwfirm and


LWR_NAME are attempting to collect upon a debt by unlawful means through a security deed
that has been rescinded under The Truth in Lending Act. ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees converted
the note into a draft by endorsement by one of their authorized representatives without the
knowledge or consent of borrower_1_, and borrower_2, thereby altering ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees capacity as
the debtor to a surety on the contract which was not originally disclosed. In this matter
ORIGINAL_LENDER now ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees mislead me, into believing that
I, borrower_1_, and borrower_2, was the debtor when I, borrower_1_, and borrower_2 am
actually the creditor and surety in fact. ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees are currently trading my
unregistered securities in my name with authority and without consent and are benefiting at my
expense. ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and
all assignees or nominees, Institution and Associates concealed these material facts through
deceptive business practices and non-disclosure to me at closing of this investment scheme
which qualifies for rescinding the contract.

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COMPLAINT

2) The promissory note is a non-negotiable instrument and is


represented as the property listed under the Security Deed and
under trust law and when ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees destroyed the
promissory note they destroyed the trust property which now
renders the security deed terminated for unlawful purposes.
Meaning there is no valid contract between ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all
assignees or nominees and borrower_1_, and borrower_2 in
which ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and

[Pleading title summary] - 4

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has no rights or claims to enforce any


remedies under the void, terminated Security Deed.
ORIGINAL_LENDER now BANK_OF_TRUSTEE_SALE1 and Associates
have made numerous claims through their actions to enforce a
nonexistent security interest in a non-negotiable instrument
that they have materially changed and converted into an
investment security after securitization and converting
BOROWER_1A and BOROWER_2A into the surety. ORIGINAL_LENDER,
all assignees or nominees

SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees

and their Associates are not lenders as they are claiming, but
are pooling and servicing companies as well as loan sellers as
evidenced by their United States Securities and Exchange
Commission filings which show borrower_1_, and borrower_2 as
a surety on the investment contracts and that ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees

is/are selling the payments they have induced the Plaintiff by


fraud to pay as a debtor as the cash flow payment to these
investors who have purchased these future payments as
investments. This is a direct SEC violation on disclosure,
fraud against investors and filing of fraudulent reports to the
SEC which contradict the validity and true nature of the
security. ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any
and all assignees or nominees and their Associates pooling and
servicing agreements will identify borrower_1_, and
borrower_2 as the true lender and will also show that there
are zero loans outstanding in the quarter in which the alleged
loan was contracted.
3)

COUNT 1- FRAUD IN THE INDUCEMENT


ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1
and/or any and all assignees or nomineess use of deceit and trickery caused me to act to
my disadvantage by signing an agreement and deeding away real property under a
security deed that immediately became unlawful when they destroyed the original
promissory note but not before they converted me from a debtor to a surety.

4)

COUNT 2-FRAUD IN FACT

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ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1

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and/or any and all assignees or nominees concealed the fact

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that they were going to convert me to a surety on an

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investment contract and made a false representation that I,

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borrower_1_and borrower_2 was a debtor and that I,

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borrower_1_, and borrower_2 received a loan and am

[Pleading title summary] - 5

responsible for its repayment with the intent to benefit

from my ignorance.

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5)

COUNT 3- MATERIAL MISREPRESENTATION


ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1
and/or any and all assignees or nominees deliberately hid
and falsified material facts about the true nature of the
loan agreements and concealed those material facts thereby
depriving me the opportunity to abort the contract sooner
than later.

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Applicable Laws and Statutes


- Pursuant to Public Law at 42 Stat 13-15 as Original Intent of
Congress, title 42, United
States Code (U.S.C.) section 1983, Chapter XXII- an Act to
enforce the Provisions of the
Fourteenth Amendment to the Constitution of the United States,
and for other purposes
Civil Rights Protections
- 62 Stat 932, title 28, U.S.C. section 1343, (positive law)
Civil Rights Violations
- 62 Stat 934, title 28, U.S.C. section 1352, (positive law)
Bonds Executed under Federal
Law
- Chapter 106, 13 Stat 99 National Bank Act Statutes at Large
Superior To Title 12, U.S.C.
Banks & Banking, prima facie evidence of the law
- 62 Stat 938, title 28, U.S.C. section 1442, (positive law)

[Pleading title summary] - 6

Federal Officers Sued

Affidavit of Facts

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The issues in this case that serve as the basis for the claims

are:
1) ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1
and/or any and all assignees or nominees entered into
negotiable instrument contract with borrower_1_, and
borrower_2.
2) borrower_1_, and borrower_2 asserts real defense remedy in
contract against ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees for Fraud in the factum illegality of Transaction
that renders the underlying claims of lien void, and failure
to prove that they are the lawful holder of a lien on the
property after proper discovery will nullify all of

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ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all


assignees or nominees
claims.

3)

ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all

are subject to The National Bank Act


(Chapter 106, 13 STAT 99).
4) The Directors involved in the transactions of ORIGINAL_LENDER,
assignees or nominees

SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or


nominees herein noted as the holders of a note/bond are

oathed to abide by the laws governing

ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees stated in The National Bank Act (Chapter 106, 13

STAT 99) and have violated their oaths of office which are
held at the Office of the Comptroller of Currency of the
United States.
5) I, borrower_1_, and borrower_2 issued bonds to the above
mentioned Defendants and the United States Comptroller of
the Currency has registered the bonds to the Directors of
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all
assignees or nominees .
6) Directors of the previously stated

ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees cannot convert the exchange of my bonds for a

property to a loan.
7) I, borrower_1_, and borrower_2 using the above listed Statutes
at Large which express the Original Intent of Congress in
regards to the duties of the above listed director of
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all
assignees or nominees and not title 12, U.S.C. Banks and Banking

[Pleading title summary] - 7

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which is only prima facie evidence of the law. The Statutes


at Large have been continuously adjudicated as law and
superior to the code that is prima facie and when a question
of the authenticity of the law arises each of the Circuit
courts, appeals courts and Supreme Court have ruled that the
Statutes at large hold lawful/legal precedence over the
United States Code. The issue of this case which is the
original wet signature note, the bond attached and the issue
of its authenticity cannot be tested without using the
original intent of Congress as expressed through the
aforementioned Statutes at Large as enacted by the Congress
of the United States of America. I, borrower_1_, and
borrower_2 will use that de jure body of law to make my
claims upon ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1
and/or any and all assignees or nominees with a note of strict proof
of the case law stating the legal precedence of the Statutes
at Large over the Code:

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AFFIDAVIT OF FACTS IN SUPPORT OF MY CLAIMS & REAL DEFENSES

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1) I, borrower_1_, and borrower_2 is/are requesting to inspect


the original wet signature promissory note alleged to be
held by ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or
any and all assignees or nominees.

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2) Respondents are fully aware that borrower_1_, and borrower_2


turned over a bond as an asset exchange in which I,
borrower_1_, and borrower_2 is listed as the issuer of the
Bond. I, borrower_1_, and borrower_2 allege that this bond was
then exchanged with other instruments from the United States
Department of Treasury. Discovery is required to subpoena
the information
3) The Bond is specifically governed by Federal law and
Negotiable Instruments Law of this state [nstate Code 3305] as is the validity of the alleged lien allegedly held
by ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and
all assignees or nominees .
4) ORIGINAL_LENDER, through its agent(s) Name_of_CEO on behalf
of its assignees or nominees at the time violated the National
Bank Act and the Uniform Commercial Code section 3-305 (a)
1, in that he materially altered a bond with the intent of
defrauding borrower_1_, and borrower_2. He acted without the
consent of borrower_1_, and borrower_2, committed Fraud in the
factum, rendering the transaction illegal, and thus stands
as fraud which induced borrower_1_, and borrower_2 to be
responsible for the contract upon terms and conditions other

[Pleading title summary] - 8

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than agreed upon. The Law at nstate Code 3-305 is


expressed as, 3-305. Real Defenses and claims in
recoupment.
(a) General Rule.--Except as stated in subsection (b), the
Right to enforce the obligation of a party to pay an instrument
Is subject to the following:
(1) A defense of the obligor based on:
(ii) Lack of legal capacity or illegality of
The transaction WHICH UNDER OTHER LAW, nullifies the
Obligation of the obligor;
(iii) Fraud that induced the obligor to sign the
Instrument with neither knowledge nor reasonable
Opportunity to learn of its character or its essential
Terms; or

5) This is the implementation of a real defense and is


effective even against a holder in due course as stated in
nstate Code 3-305(b) in this case the Holder in due course
or holder is alleged to be ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees.

6) The law that Governs this note/bond/ is the National Bank


Act also called the National Currency Act
7) The issues here are that Iwe, borrower_1_, and borrower_2 is
asserting real defenses against the validity of the original
negotiable instrument contract bond which has been
altered.
8) The first issue of which is a personal defense is
consideration. There has been no loan or consideration in
this contract in the amount of $ oloan_amount. This is
the original amount of the bond of collateral held by the
issuer borrower_1_, and borrower_2.
9) According to the above Federal law ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees in this case ORIGINAL_LENDER, SECOND_LENDER,

cannot
loan the capital stock of their directors, nor can they loan
the money of their depositors, and they can only loan money
pursuant to Public Law Volume 13 38th Congress Stat 99-118
The National Bank Act which holds precedent over U.S.C.
Title 12 which is only prima facie law and NOT positive law.
They have not followed any of the provisions of this
monetary law of the United States of America nor have they
honored negotiable instrument laws of this state and the
District of Columbia [United States].
10)
Also according to the National Bank Act Bank,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees

ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all


assignees or nominees cannot enter into mortgage agreements for

real estate beyond a 5 year period.

[Pleading title summary] - 9

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11)
The fraudulent note which was converted from my
lawfully tendered bond was for a 30 year mortgage which by
operation of law is fraudulent according to Statute.
12)
The Banks or FINANCIAL INSTITUTION, all directors,
cannot claim ignorance of this because each Director has an
Oath to Follow Public Law Volume 13 38th Congress Stat 99118 which is recorded at the United States Office of the
Comptroller of Currency.
13)
So Director(s)/Chief Executive Officer(s)/CEO(s) of
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1
and/or any and all assignees or nominees has participated
in this fraud through their endorsement on the assignment
from ORIGINAL_LENDER, SECOND_LENDER,
BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees and thus through real defenses implemented herein
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1
and/or any and all assignees or nominees has no legitimate
claim as a holder of a note nor can they force
borrower_1_, and borrower_2 to pay any instruments that
are Fraud.
It is a fact that I,

borrower_1_,

and

borrower_2,

was under

the impression that through conveying, a bond that there was


a lawful exchange taking place.

I had no idea this

transaction was being processed as a loan.

The bond somehow has been converted into a note without


agreement or authorization from

borrower_1_,

and

borrower_2.

Who converted the bond into a loan? Who is the holder of the
original contract with wet signatures? Who is the holder in
due course? Where is the bond registered and with what
official officer of law? Is the conversion of the bond into
a note material alteration of a contract without consent
nullifying the validity of the original contract? These are
some of the questions that must or will be answered upon
discovery.

[Pleading title summary] - 10

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Proceeding cannot continue until the

ORIGINAL_LENDER,

SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees

does the following:

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DEMAND FOR REMEDY AND IMPLEMENTATION OF REAL DEFENSES


A) ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any
all assignees or nominees must successfully rebut the real
defenses of I, borrower_1_, and borrower_2 which are:

and

1) Alleged Original Creditor ORIGINAL_LENDER provided no


consideration in this contract that is in accord with
the governing law at 13 STAT 99 and therefore committed
fraud in the factum, which simply means that Alleged
Original Creditor took the asset of borrower_1_, and
borrower_2 and attempted to create an illegal
transaction and continued by asserting a lien against
hishersour property.
2) Alleged Original Creditor has injured the assignees and
is thus responsible for them. The source [of the
alleged loan] cannot be from the Directors pursuant to
the National Bank Act, which states specifically,

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OATH OF THE DIRECTORS FILED WITH THE COMPTROLLER OF

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CURRENCY Each Director when appointed or Elected,

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shall take an oath that he will, so far as the duty

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devolves on him, diligently and honestly administer the

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affairs of such association, and will not knowingly

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violate, or willingly permit to be violated any

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provisions of this act, and that he is the bona fide

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owner, in his own right, of the number of shares of

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stock required by this act, subscribed by him, or

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standing in his name on the books of the association,

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and that the same is not hypothecated, or in any way

[Pleading title summary] - 11

pledged, as security for a loan or debt; which oath

subscribed by himself, and certified by the officer

before whom it is taken, shall be immediately

transmitted to the comptroller of currency, and by him

filed and preserved in his office.

Section 9

13 STAT 102,

3) Alleged Original Creditor also cannot loan money from


any of its other stock or depositors assets according
to Federal law which states,

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NATIONAL BANKING ASSOCIATION CANNOT MAKE LOANS ON THE

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SECURITY OF THE SHARES OF ITS STOCK, And be it

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further enacted, That no association shall make any

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loan or discount on the security of the shares of its

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own capital stock.

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13 STAT 110, Section 35

4) Alleged Original Creditor and Assignees must answer the


real defense assertion that a 30 year mortgage by
operation of law is fraud in the factum [in violation
of nstate Code 3-305(a) real defenses], fraudulent,
illegal, and unlawful and in violation of the laws
governing banks and FINANCIAL INSTITUTIONS which
expressly states at 13 STAT 99,

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RULES GOVERNING HOLDING OF REAL ESTATE: And be it

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further enacted, Such associations shall not purchase

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or hold real estate in any other case or for any other

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purpose than as specified in this section. Nor shall it

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hold the possession of any real estate under mortgage,

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or hold the title and possession of any real estate

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purchased to secure debts due to it for a longer period

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than five years. 13 STAT 108, Section 28

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[Pleading title summary] - 12

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5) If alleged original creditor or assignees disagree with


the Federal laws governing this contract negotiable
instrument, note/bond then FINANCIAL INSTITUTION must
successfully contend that all banking and Financial
Institutions in the United States of America is not
subject to the following rules,
LAWS GOVERNING FORMING OF NATIONAL BANKING ASSOCIATIONS
And be it further enacted, That Associations for
carrying on the Business of Banking may be formed by
any number of persons, not less in any case than five,
who shall enter into articles of association, which
shall specify in general terms the object for which the
association is formed, and may contain any other
provisions, not inconsistent with the provisions of
this act. 13 STAT 100, Section 5

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6) If Alleged Original Creditor ORIGINAL_LENDER and/or


any and all assignees or nominees in any manner did
business with a third party with the note/bond entities
such as the United States Department of Treasury, or
the Comptroller of the Currency, Bureau of Public Debt,
a Trustee, BANK_OF_TRUSTEE_SALE1 , etcin order to
gain a Bond, stock, securities or Bonds from the said
entities Plaintiffs actions are unlawful and fraudulent
based on the following,

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BANKS CANNOT USE ITS NOTES IT CIRCULATES TO CREATE OR

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INCREASE ITS CAPITAL STOCK, And be it further

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enacted, That no association shall, either directly or

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indirectly, pledge or hypothecate any of its notes of

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circulation, for the purpose of procuring money to be

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paid in on its capital stock, or to be used in its

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banking operations, or otherwise; nor shall any

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association use its circulating notes, or any part

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[Pleading title summary] - 13

thereof, in any manner or form, to create or increase

its capital stock.

13 STAT 110, Section 37

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7) Also Alleged Original Creditor

ORIGINAL_LENDER,
SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or
nominees and Assignees must understand that any and all

Directors, Presidents, Vice Presidents or any other


financial agents or officers who have violated the
governing law of this instrument must and will be
punished according to the rule of law including
possible jail time and fines and possible closing of
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any
and all assignees or nominees, The Financial Institution, if found in

10

violation of the aforementioned laws. This is expressly


stated in the Statute,

11

PENALTY UPON DIRECTORS FOR VIOLATION OF THIS ACT And

12

be it further enacted, That every president, director,

13

cashier, teller, clerk, or agent of any association,

14

who shall embezzle, abstract, or willfully misapply any

15

of the moneys, funds, or credits of the association, or

16

shall, without authority from the directors, issue or

17

put in circulation any of the notes of the association,

18

or shall, without such authority issue or put forth any

19

certificate of deposit, draw any order or bill of

20

exchange, make any acceptance, assign any note, bond,

21

draft, bill of exchange, mortgage, judgment, or decree,

22

or shall make any false entry in any book, report, or

23

statement of the association, with intent, in either

24

case, to injure or defraud the association or any other

25

company, body politic or corporate, or individual

26

person, or to deceive any officer of the association,

27

or any agent appointed to examine the affairs of any

28

such association, shall be deemed guilty of a

[Pleading title summary] - 14

misdemeanor, and upon conviction thereof shall be

punished by imprisonment not less than five nor more

than ten years. 13 STAT 116, Section 55,

PENALTY UPON DIRECTORS FOR VIOLATION OF THIS ACT, And

be it further enacted, That if the directors of any

association shall knowingly violate, or knowingly

permit any of the officers, agents, or servants of the

association to violate any of the provisions of this

act, all the right, privileges, and franchises of the

10

association derived from this act shall thereby be

11

forfeited And in cases of such violation, every

12

director who participated in or assented to the same

13

shall be held liable in his personal and individual

14

capacity for all damages which the association, its

15

shareholders, or any other person, shall have sustained

16

in consequence of such violation. 13 STAT 116, Section

17

53

18
19
20

8) Alleged Original Creditor ORIGINAL_LENDER and SECOND_LENDER


and/or BANK_OF_TRUSTEE_SALE1 any and all Assignees et al,
MUST lawfully rebut these facts and points of law in
order for my due process not be violated

21
22
23
24
25

9) I, borrower_1_, and borrower_2 is compelling U.S.


Department of Housing and Urban Development to force
ORIGINAL_LENDER, SECOND_LENDER, BANK_OF_TRUSTEE_SALE1 and/or any
and all assignees or nominees to answer the question on page

5 in accordance with the Rules of Civil Procedure in


Federal Court.

26
27
28

[Pleading title summary] - 15

I,

borrower_1_,

and

borrower_2,

Declare under penalty of perjury

under the laws of the United States of America that the foregoing

is true and correct.

4
5
6
7

___________________________________
[borrower_1_, and

borrower_2]

[Made Pursuant to the United States Constitution & Title 28 USCA

Section 1746]

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

[Pleading title summary] - 16

1
2
3
4

CERTIFICATE OF SERVICE

5
6

I HEREBY CERTIFY that a true and correct copy of the above

and foregoing has been

Furnished by U.S. Mail to

ORIGINAL_LENDER, SECOND_LENDER,

10

BANK_OF_TRUSTEE_SALE1 and/or any and all assignees or nominees

11

Name_of_CEO, or assignee

12

LB_ADDRESS

13

LB_CITY_STATE_ZIP

Agent

Filing Date Month Day, Year.

14
15
16
17
18

SUBSCRIBED AND SWORN TO BEFORE ME AS FOLLOWS:

19
20
21

____________________________________
SIGNATURE

22

____________________________________

23

NAME (Type or print)

Official Seal

24
25

MY COMMISSION EXPIRES: ___________________________

26

CASE LAW IN ALL CIRCUITS AND THE SUPREME COURT


OF THE UNITED STATES SUPPORTING USE OF STATUTES

27
28

[Pleading title summary] - 17

1
2

AT LARGE AS SUPERIOR TO TITLE 12, U.S.C. BANKS


AND BANKING

3
4
5

The official source of the United States Law is Statutes at Large

and the United States Code is only prima facie evidence of such

laws

Royers Inc. vs. United States 1959CA3Pa 265 F. 2d 615, 59-USTC

9371, 3AFTR 2d 1137

10
11

Statutes at Large are legal; evidence of laws contained therein

12

and are accepted as proof of those laws in any court of the

13

United States.

14

Bear vs. United States (1985 DC Neb) 611 supp 589, affd (1987)

15

(CAS Neb) 810F 2d 153

16
17

Unless Congress affirmatively enacts title of United States Code

18

into law, title is only prima facie evidence of law

19

Preston vs. Heckler (1984 CA9 Alaska) 734 F2d 1359 34 CCH EPD

20

34433 later proceeding (1984 DC Alaska) 586 F. supp 1158

21
22

Where the Title has not been enacted into positive law, title is

23

only prima facie or rebuttable evidence of law, and if

24

construction is necessary, recourse may be had to original

25

statutes themselves

26

United States vs. Zuger (1984) DC Conn 602 F supp 889 affd

27
28

[Pleading title summary] - 18

Even codification into positive law will not give code precedence

where there is conflict between codification and Statutes at

Large

Warner vs. Goltra (1934)293 US 155, 79 L ED 254 55 S Ct 46

Stephens vs. United States (1943) 319 US 423, 87L Ed 1490, 63 S

Ct 1135 United States vs. Weldon (1964) 377 US 95, 12L 2d 152,

84 S Ct 1082

8
9

United States Code does not prevail over Statutes at Large when

10

the two are inconsistent

11

Stephens vs. United States (1943) 319 US 423, 87 L Ed 1490, 635

12

Ct 1135 Peart vs. the Motor Vessel Bering Explorer 1974, DC

13

Alaska 373 F. supp 927

14
15

Although United States Code establishes prima facie what laws of

16

the United States are to the extent that provisions of the United

17

States Code are inconsistent with Statutes at Large, Statutes at

18

Large will prevail. Best Food Inc. v United States (1965) 37

19

Cust Ct. 1, 147 F Supp. 749.

20
21

Where there is conflict between codification and Statutes at

22

Large, Statutes at Large must prevail. American Export Lines

23

Inc. v United States (1961) 153 Ct Cl 201, 290 F 2d 925 Abell

24

vs. United States (1975) 207 Ct Cl 207, 518 F 2d 1369, cert den

25

(1976) 929, US 817, 50L Ed 2d 76, 97 S Ct. 59

26
27
28

[Pleading title summary] - 19

1
2
3
4

Case law Supporting Statutes at Large as holding lawful and legal

precedence over United States Code is found in all Circuits of

the Federal Jurisdiction and the Supreme Court of the United

States

United States Supreme Court

9
10

Warner vs Goltra (1934) 293 US 155, 79 L Ed 254 55 S Ct. 46

11

Stephens vs United States (1943) 319 US 423 87 L Ed. 1490, 63 S

12

Ct. 1135

13

Nashville Milk Co. vs. Carnation Co. (1958) 355 US 373, 2 L Ed 2d

14

340 785 Ct 352

15

United States vs. Weldon (1964) 377 US 95, 12 L. Ed 2d 152 845

16

Ct. 1082

17

United States vs. Neifert-White Co. (1968) 390 US 228, 19 L Ed.

18

2d 106 1, 88 S Ct. 959

19

Goldstein vs. Cox (1970) 396 US 471, 24 L, Ed 2d 663, 90 S Ct.

20

671

21

United States vs. Bornstein (1976) 423 US 303, 46 L. Ed 2d 514,

22

96 S Ct. 523

23

American Bank & Trust Co. vs. Dallas County (1983) 463 US 855

24

77L. Ed 2d 1072 103 S Ct 3369

25
26

Second Circuit

27

Leonard vs. Chase Nat. Bank (1936) CA 2 NY 81 F 2d 19, cert den

28

298 US 677, 80 L Ed 1398, 56 S Ct. 941

[Pleading title summary] - 20

United States ex rel Kessler vs. Mercur Corp. (1936, CA 2 NY) 83

F 2d 178 cert den 299 US 576, 81 L. Ed. 424 57 S Ct. 40

United States vs. Zuger (1984) DC Conn 602 F. Supp 889 affd

F. 2d 915 cert den 474 US 805, 88 L. Ed. 32 106 S Ct. 38

755

5
6

Third Circuit

Royers Inc. vs. United States (1959, CA3 Pa.) 265 F 2d. 615

Crilly vs. Septa (9175, CA 3 Pa) 529 F 2d 1355

United States vs. Hibbs (1976 Ed Pa) 420 F. Supp. 1365 vacated on

10

other grounds 56 S F 2d 347

11
12
13

Fourth Circuit
United States vs. Shively (1936 DC VA) 15 F. Supp 107

14
15
16

Fifth Circuit
Murrell vs. Western Union Tel Co. (1947, CAS Fla.) 160 F 2d 787

17
18

Sixth Circuit

19

Rose vs. National Cash register Corp (1983 CA 6 Mich.) 703 2d 225

20

cert den 464 US 939, 78 L. Ed 2d 317, 104 S Ct. 352 (1983)

21

Mary vs. Centran Corp (1984 CA 6 Ohio) 747 F 2d 1536. Cert den

22

471 US 1125, 86 L. Ed. 2d 273, 105 S Ct. 2656 (1985)

23

United States ex rel Boyd vs. McMunty (1933, WD KY) 5 F supp. 515

24
25

Seventh Circuit

26

United States vs. Vivian (1955, CA 7111) 224 F 2d 53

27

Lode vs. Leonardo (1982 ND ILL) 557 F Supp 675

28

Young vs. IRS (1984, ND Ind.) 596 F. Supp 141

[Pleading title summary] - 21

United States vs. Burgess (December 1 1987 ND ILL) 1987 U.S.

District LEXIS 11227 1987 WL 39092

3
4

Eighth Circuit

5
6

United States vs Wodtke (1985 ND Iowa) 627 F. Supp. 1034

Ninth Circuit

8
9

Preston vs. Heckler (1984, CA Alaska) 734 F 2d 1359 34 CCH EPD P

10

34433

11

Ryan vs. Bilby (1985, CA9 Ariz.) 764 F 2d 1325

12

Woner vs. Lewis (1935, DC Cal) 13 F. Supp. 45

13

Peart vs. The Motor Vessel Bering Explorer (1974) DC Alaska 373

14

F. Supp 927

15

District of Columbia Circuit

16
17

Where the language of the Statutes at Large conflicts with the

18

language of the United States Code that has been not enacted into

19

positive law, the language of the Statutes at Large Controls.

20

Fire Flag S Pipeline Co vs Dep. of Transportation (1988) App DC

21

854 F Ld 1438

22
23
24
25

It is important at this point to detail a Summary of Legal

26

Guidelines of the National Bank Act (Chapter 106, 13 STAT 99),

27

which are the de jure laws on Banking and FINANCIAL INSTITUTION

28

in the United States of America. These are the standing laws that

[Pleading title summary] - 22

will prove the color of authority actions carried out by the

listed defendants.

3
4
5
6

EXCERPTS

FROM THE

NATIONAL BANK ACT

INTENT AS IT RELATES TO

EXPRESS/SHOW CONGRESSIONAL

BANKS

AND

BANKING

7
8
9

LAWS GOVERNING FORMING OF NATIONAL BANKING ASSOCIATIONS

10

And be it further enacted, That Associations for carrying on the

11

Business of Banking may be formed by any number of persons, not

12

less in any case than five, who shall enter into articles of

13

association, which shall specify in general terms the object for

14

which the association is formed, and may contain any other

15

provisions, not inconsistent with the provisions of this act.

16

13 STAT 100, Section 5

17
18

OATH OF THE DIRECTORS FILED WITH THE COMPTROLLER OF CURRENCY

19

Each Director when appointed or Elected, shall take an oath that

20

he will, so far as the duty devolves on him, diligently and

21

honestly administer the affairs of such association, and will not

22

knowingly violate, or willingly permit to be violated any

23

provisions of this act, and that he is the bona fide owner, in

24

his own right, of the number of shares of stock required by this

25

act, subscribed by him, or standing in his name on the books of

26

the association, and that the same is not hypothecated, or in any

27

way pledged, as security for a loan or debt; which oath

28

subscribed by himself, and certified by the officer before whom

[Pleading title summary] - 23

it is taken, shall be immediately transmitted to the comptroller

of currency, and by him filed and preserved in his office. 13

STAT 102, Sec. 9

4
5

THE COUNTERSIGNING AND DELIVERY OF CIRCULATING NOTES, EXCEPT AS

PERMITTED BY THIS ACT, MADE UNLAWFUL PENALTY

And be it further enacted, That it shall be unlawful for any

officer acting under the provisions of this act to countersign or

deliver to any association, or to any other company or person,

10

any circulating notes contemplated by this act, except as

11

hereinbefore provided, and in accordance with the true intent and

12

meaning of this act. And any officer who shall violate the

13

provisions of this section shall be deemed guilty of a high

14

misdemeanor, and on conviction thereof shall be punished by fine

15

not exceeding double the amount so countersigned and delivered,

16

and imprisonment not less than one year and not exceeding fifteen

17

years, at the discretion of the court in which he shall be tried.

18

13 STAT 100, Sec. 27

19
20
21

RULES GOVERNING HOLDING OF REAL ESTATE

22

And be it further enacted, such associations shall not purchase

23

or hold real estate in any other case or for any other purpose

24

than as specified in this section. Nor shall it hold the

25

possession of any real estate under mortgage, or hold the title

26

and possession of any real estate purchased to secure debts due

27

to it for a longer period than five years. 13 STAT 107-108,

28

Section 28

[Pleading title summary] - 24

1
2

NATIONAL BANKING ASSOCIATION CANNOT MAKE LOANS ON THE SECURITY OF

THE SHARES OF ITS STOCK

And be it further enacted, That no association shall make any

loan or discount on the security of the shares of its own capital

stock. 13 STAT 110, Section 35

7
8

SOLE METHOD FOR MAKING LOANS

Such Association shall have power toexercise under this act all

10

such incidental powers as shall be necessary to carry on the

11

business of banking by discounting and negotiating promissory

12

notes, drafts, bills of exchange, and other evidences of debt; by

13

loaning money on personal security.

14
15

BANKS CANNOT USE ITS NOTES IT CIRCULATES TO CREATE OR INREASE ITS

16

CAPITAL STOCK

17

And be it further enacted, That no association shall, either

18

directly or indirectly, pledge or hypothecate any of its notes of

19

circulation, for the purpose of procuring money to be paid in on

20

its capital stock, or to be used in its banking operations, or

21

otherwise; nor shall any association use its circulating notes,

22

or any part thereof, in any manner or form, to create or increase

23

its capital stock. 13 STAT 110, Section 37

24
25

PENALTY UPON DIRECTORS FOR VIOLATION OF THIS ACT

26

And be it further enacted, That every president, director,

27

cashier, teller, clerk, or agent of any association, who shall

28

embezzle, abstract, or willfully misapply any of the moneys,

[Pleading title summary] - 25

funds, or credits of the association, or shall, without authority

from the directors, issue or put in circulation any of the notes

of the association, or shall, without such authority issue or put

forth any certificate of deposit, draw any order or bill of

exchange, make any acceptance, assign any note, bond, draft, bill

of exchange, mortgage, judgment, or decree, or shall make any

false entry in any book, report, or statement of the association,

with intent, in either case, to injure or defraud the association

or any other company, body politic or corporate, or individual

10

person, or to deceive any officer of the association, or any

11

agent appointed to examine the affairs of any such association,

12

shall be deemed guilty of a misdemeanor, and upon conviction

13

thereof shall be punished by imprisonment not less than five nor

14

more than ten years.

13 STAT 116, Sec. 55

15
16

PENALTY UPON DIRECTORS FOR VIOLATION OF THIS ACT

17

And be it further enacted, That if the directors of any

18

association shall knowingly violate, or knowingly permit any of

19

the officers, agents, or servants of the association to violate

20

any of the provisions of this act, all the right, privileges, and

21

franchises of the association derived from this act shall thereby

22

be forfeited And in cases of such violation, every director who

23

participated in or assented to the same shall be held liable in

24

his personal and individual capacity for all damages which the

25

association, its shareholders, or any other person, shall have

26

sustained in consequence of such violation.

27

Section 53

28

[Pleading title summary] - 26

13 STAT 116,

ESTABLISHMENT OF THE OFFICE OF THE COMPTROLLER OF CURRENCY

That there shall be established in the treasury Department a

separate Bureau, which shall be charged with the execution of

this and all other laws that may be passed by Congress respecting

the issue and regulation of a national currency secured by United

States Bonds. 13 STAT 99

7
8

OATH OF THE COMPTROLLER

Within fifteen days from the time of notice of his appointment

10

the comptroller shall take and subscribe the oath of office

11

prescribed by the Constitution and laws of the United States. 13

12

STAT 100

13
14
15
16

UNITED STATES BONDS DEFINED

17

And it shall further be enacted, That the term United States

18

Bonds as used n this act, shall be construed to mean all

19

registered bonds now issued, or that hereafter be issued, on the

20

faith of the United States by the Secretary of the Treasury in

21

pursuance of Law. 13 STAT 100 Section 4

22
23

BANKS BY LAWS MUST BE CONSISTENT WITH THIS ACT

24

Its Board of Directors shall also have power to define and

25

regulate by-laws, not inconsistent with the provisions of this

26

act. 13 STAT 101-102, Section 8

27
28

SHUTDOWN OF BANK FOR ILLEGAL ACTIVITY OF SHAREHOLDERS

[Pleading title summary] - 27

The comptroller shall have authority to withhold from an

association his certificate authorizing the commencement of

business, whenever he shall have reason to suppose that the

shareholders thereof have formed the same for any other than the

legitimate objects contemplated by this act. 13 STAT 103, Section

12

7
8

BONDS REGISTERED WITH COMPTROLLER

And be it further enacted, That it shall be the duty of the

10

comptroller of the currency to countersign and enter in the book,

11

in the manner aforesaid, every transfer or assignment of any

12

bonds held by the treasurer presented for his signature; and the

13

comptroller shall have at all times during office hours access to

14

the books of the treasurer for the purpose of ascertaining the

15

correctness of the transfer or assignment presented to him to

16

countersign; and the treasurer shall have the like access to the

17

book above mentioned, kept by the comptroller, during office

18

hours, to ascertain the correctness of the entries in the same;

19

and the comptroller shall also at all times have access to the

20

bonds on deposit with the treasurer, to ascertain their amount

21

and condition. 13 STAT 105, Sec. 20

22
23

AMOUNT OF NOTES NOT TO EXCEED THREE HUNDERED MILLION

24

And be it further enacted, That the entire amount of notes for

25

circulation to be issued under this act shall not exceed three

26

hundred millions of dollars. 13 STAT 105-106, Sec. 22

27
28

FEDERAL RESERVE NOTES ARE NOT MONEY BY LAW

[Pleading title summary] - 28

And no such association shall issue post notes or any other

notes to circulate as money than such as are authorized by the

forgoing provisions of this act. 13 STAT 106, Sec. 23

4
5

BANKS NOT HOLDING LAWFUL MONEY MAY BE SHUTDOWN

And it shall be competent for the comptroller of the currency to

notify and association, whose lawful money reserve as aforesaid,

to make good such reserve; and if such association shall fail for

thirty days thereafter so to make good its reserve of lawful

10

money of the United States, the comptroller may, with the

11

concurrence of the Secretary of the Treasury appoint a receiver

12

to wind up the business of such association as provided in this

13

act.

13 STAT 109, Section 31

14
15

BANKS MUST REDEEM NOTES AT APPOINTED NATIONAL BANKING

16

ASSOCIATION OR BE SHUTDOWN

17

And be it further enacted, If any association shall fail either

18

to make the selection or to redeem its notes as aforesaid, the

19

comptroller of the currency may, upon receiving satisfactory

20

evidence thereof, appoint a receiver, in the manner provided for

21

in this act, to wind up its affairs: Provided, That nothing in

22

this section shall relieve any association from its liability to

23

redeem its circulating notes at its own counter, at par, in

24

lawful money, on demand: And provided further, That every

25

association formed or existing under the provisions of this act

26

shall take and receive at par, for any debt or liability to said

27

association, any and all notes or bills issued by any association

28

[Pleading title summary] - 29

existing under and by virtue of this act.

32

13 STAT 109, Section

3
4

BANKS CANNOT CIRCULATE NOTES THAT ARE NOT REDEEMABLE IN

LAWFUL UNITED STATES MONEY

And be it further enacted, That no association shall at any

timeknowingly pay out or put in circulation any notes issued by

any bank or banking association which at the time of such paying

out or putting in circulation is not redeeming its circulating

10

notes in lawful money of the United States.

11
12

NATIONAL BANKING ASSOCATIONS FINANCIAL AGENTS OF THE

13

GOVERNMENT

14

And be it further enacted, That all associations under this act,

15

when designated for that purpose by the Secretary of the

16

Treasury, shall be depositories of public money; and they may be

17

employed as financial agents of the government, and they shall

18

perform all such reasonable duties, as depositories of public

19

moneys and financial agents of the government, as may be required

20

of them And the Secretary of the Treasury shall require of the

21

associations this designated satisfactory security, by the

22

deposit of United States Bonds and otherwise, for the safe-

23

keeping and prompt payment of the public money deposited with

24

them, and for the faithful performance of their duties as

25

financial agents of the government. 13 STAT 113, Section 45

26
27

IF NOTES ARE NOT REDEEMED BANK CAN BE SHUTDOWN AND LAW HOLDERS

28

PAID IN LAWFUL UNITED STATES MONEY

[Pleading title summary] - 30

And be it further enacted, That on receiving notice that any

such association has failed to redeem any of its circulating

notes, as specified in the next preceding section, the

comptroller of the currency, with the concurrence of the

Secretary of the Treasury, may appoint a special agent (of whose

appointment immediate notice shall be given to such association)

who shall immediately proceed to ascertain whether such

association has refused to pay its circulating notes in the

lawful money of the United States, when demanded as aforesaid,

10

and report to the comptroller the fact so ascertained; and if

11

from such protest or the report so made, the comptroller shall be

12

satisfied that such association has refused to pay its

13

circulating notes as aforesaid and is in default, he shall within

14

thirty days after he shall have received notice of such failure,

15

declare the United States bonds and securities pledged by such

16

association forfeited to the United States, and the same shall

17

thereupon be forfeited accordingly. And thereupon the comptroller

18

shall immediately give notice in such manner as the Secretary of

19

the Treasury shall, by general rules or otherwise, direct, to the

20

holders of the circulating notes of such association to present

21

them for payment at the Treasury of the United States, and the

22

same shall be paid as presented in lawful money of the United

23

States; whereupon said comptroller may, in his discretion, cancel

24

an amount of bonds pledged by such association equal at current

25

market rates, not exceeding par, to the notes paid.13 STAT 114,

26

Section 47

27
28

[Pleading title summary] - 31

1
2
3
4
5

I,

borrower_1_,

and

borrower_2,

Declare under penalty of perjury

under the laws of the United States of America that the foregoing
is true and correct.

6
7
8
9
10
11

___________________________________
[borrower_1_, and

borrower_2]

[Made Pursuant to the United States Constitution & Title 28 USCA


Section 1746]

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

[Pleading title summary] - 32