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“chaos” v. “ultra vires”
The judges of what we know today, as our “court system” will sometimes rule, seemingly in direct contradiction to the Constitution, established rules of procedure, and legal precedent. The reason for such actions is based on “doctrines.” Judges consider the complaints before them under the “Chaos Doctrine.” Even if you are right, the judge must dismiss your complaint, if it would undermine, or destroy the fiat monetary system, and the banking system, which controls the “credit” economy, which operates on “debt.” When a judge is presented with a “money” issue (challenging the whole banking system), he is sitting, as an administrative agent of the trustee of the 1933 bankruptcy, and must not rule in your favor, and must not allow this to go to a jury, because that would create “Chaos.” If you present the “money” issue as a challenge to the whole system, you will not be successful. This Chaos Doctrine would apply to the IRS, as well. So, in the case of a bank loan, or mortgage foreclosure, you must give the judge an issue on which he can rule in your favor, without bringing down the whole credit/debt economy. In other words, if you can accomplish your objective, without forcing the judge to permit your claim to proceed to the point of setting a precedent against the whole system, your chances of getting a favorable ruling, increases dramatically. In the case of a “mortgage loan” is there such a “Doctrine”? LOANS – MORTGAGES – FORECLOSURES: The Loan: The bank advertises it loans’ money. The bank says, "sign here". However the bank never signs because they know they are not going to lend you theirs, or other depositor's money. Under the law of bankruptcy of a nation, the mortgage note acts like money. The bank makes it look like a loan but it is not. It is an exchange. The Mortgage: The bank receives the equity in the home you are buying for free, in exchange for an unpaid bank liability that the bank cannot pay, without returning the mortgage note. If the bank had fulfilled its end of the contract, the bank could not have received the equity in your home for free.
ranches. putting everyone back in the same position they where. (which the bank deposited without your authorization to create the check they issued you). the individual lost in equity. Then all the homes. The bank demands that you cannot use the same currency. The bank refuses to loan you other depositors' money. To pay this liability the bank must return the mortgage note to you. Question is what right does the bank have to receive the mortgage note at no cost in direct violation of the contract they wrote and refused to sign or fulfill. The mortgage note is the money the bank uses to buy your property in the foreclosure. created in the alleged loan process. every time the homes are refinanced the banks get the equity for free. farms. What the bank received for free. They get your real property at no cost. They want payment to be in legal tender (check book money). or pay the liability it owes you for having deposited your mortgage note. laughing at us because we are too stupid to figure it out or to force them to fulfill their contract. If you tried to repay the bank in like kind currency. the bank demands you use these unpaid bank liabilities. prior to the fraud. then the bank claims the promissory note is not money. If not.The mortgage note was deposited or debited (asset) and credited to a Direct Deposit Account. By demanding that the bank fulfill the contract and not change the currency. 2 . cars and businesses in this country would be redeemed and the equity returned to the rightful owners (the people). Now you must labor to earn the bank currency (unpaid liabilities created in the alleged loan process) to pay back the bank. which the bank deposited (promissory notes or mortgage notes) to discharge your mortgage note. The bank claims they have not bought the home at no cost. (DDA) (liability). You and I must labor 10 to 15 years full time as the bankers sit behind their desks. as the new currency. However instead of the bank paying the liability it owes you. The credit to DDA (liability) was used as that from which to issue the check. the bank must deposit your second promissory note to create Checkbook money to end the fraud. in the first place. The bank just switched the currency.
The bank changed the currency from the money deposited. When a bank says they gave you credit. they are to credit a Demand Deposit Account under your name. the.According to the Federal Reserve Banks’ own book of Richmond. No money was loaned to legally fulfill the contract for the bank to own the mortgage note. they mean they credited your transaction account. If a bank deposits your money. leaving you with the presumption that they deposited other depositors money in the account. By doing this. In this case they claim your money is their money. This cost was not disclosed in NOTICE TO CUSTOMER REQUIRED BY FEDERAL LAW. The bank does not sign the mortgage note because they know they will not loan you their money. The bank merely switches the currency. in real property (real estate) the bank received for free. To make it look like the bank loaned you money the bank deposits your mortgage note (lien on property) as money from which to issue a check. which the bank got for free and they lost. so you can write checks and spend your money. Va. The bank cannot claim they own the mortgage note until they loan you their money. The fact is they deposited your money (mortgage note). The people lost the equity in their homes and farms to the bank and now they must labor to pay interest on the property. without your signature or authorization. titled “YOUR MONEY” page seven. “…demand deposit accounts are not legal tender…” If a promissory note is legal tender. the bank must accept it to discharge the mortgage note. the bank received the lien on the property without risking or using one cent. The Foreclosure: The bank does not loan money. By simply signing the mortgage note. alleged borrower created money or currency. Federal Reserve Regulation Z. Ask a criminal attorney what happens in a fraudulent conversion of your funds to the bank's use and benefit. The mortgage note acts like money. 3 . (mortgage note) to check book money (liability the bank owes for the mortgage note deposited) forcing us to labor to pay interest on the equity.
the check merely transfers money and by transferring money the check acts LIKE money. as that is a contract issue --. Argue that the contract is ultra vires and void. the contract is void or "ultra vires". The money deposited is the mortgage note.The check is not money. in that the lending institution did not have the power under their charter to do what they did --.loan credit and charge interest on that credit.not a money issue. This is in violation of the Doctrine of “Ultra Vires” making the contract void from the beginning. which they credited. 4 . from which to issue the check. NOW HERE IS THE DOCTRINE THAT STOPS THE FORECLOSURE: The Bank does not have the authority to loan credit but does it anyway. not on credit. Why do you have to fulfill your end of the agreement if the bank refuses to fulfill their end of the agreement? If the bank does not loan you their money they have not fulfilled the agreement. so any amount of credit charged violates the law of usury. They only returned your money in the form of a check. The Ultra vires argument permits the judge to rule in your favor. Interest may only be charged on actual money. The courts are being asked to enforce a contract that the bank had no charter authority to enter into and where no damage to the bank can occur. is still your money. the contract is void. If the bank never fulfills the contract to loan money. then the bank does not own the mortgage note. This loaning of credit is the same for credit cards or any transaction the banks enter into including mortgages. Void "ULTRA VIRES" Contracts The courts have long held that when a corporation executes a contract beyond the scope of its charter or granted corporate powers. (Failure to State a Claim Upon Which Relief Can Be Granted) They admit that they are in violation of the usury laws by charging interest on the credit loan that they had no authority to make. The deposited mortgage note is still your money and the checking account they set up in your name.
the court said: "A contract ultra vires being unlawful and void. 3. such an act. the action is not maintained upon the unlawful contract. In Central Transp. 478. but because the corporation." Merchants' Bank v. the courts. but to disaffirm. . 60. 35 L. nor can it be ratified. indorser. or compensation to be made for it. property or money which it has no right to retain. . “In the federal courts. the fact that it is executed · does not validate it. 55. Peoples Nat. 144 SE 505. indorser." F& PR v. 11 F 2d 83. by permitting property or money. 133 SE 898.S. In such case. it is well established that a national bank has not power to lend its credit to another by becoming surety. (Additional cases are cited as footnotes at the end of this Memorandum.1. Bluefield Nat 'l Bank. v. v. to be recovered back. 271 U.S.” [Emphasis added] Norton Grocery Co. have always striven to do justice between the parties. by the law of its creation. while refusing to maintain any action upon the unlawful contract. failing to do that. 151 Va 195. which-would look like a catalog of ships. to make compensation for." 2. 151 Va 195. Bank. is incapable of making it. the unlawful contract. and in support of this a list of cases might be cited. 11 S. 139 U. cannot lend its credit to another by becoming surety. is ultra vires . 669. To maintain such an action is not to affirm. parted with on the faith of the unlawful contract.”' Farmers and Miners Bank v. nor according to its terms. Co. Ct. Pullman. 5 . but on an implied contract of the defendant to return. so far as could be done consistently with adherence to law. "When a contract is once declared ultra vires. or. or guarantor for him. Baird 160 F 642. however.. Ed.. Richmond. "A national bank .) CONTINUATION OF CASE CITES IN SUPPORT “A bank may not lend its credit to another even though such a transaction turns out to have been of benefit to the bank. nor does the doctrine of estoppel apply. so as to make it the basis of suitor action. or guarantor for him. not because it is in itself immoral.
certiorari denied in 20 S. 33 F 2d 841. v." American Express Co. Sec 65. under federal Law being limited in its powers and capacity. to repay the sum with or without interest. not its credit. . "A bank can lend its money. 194 NW 429. 247 Fed Supp 878. Charlottesville Nat. 3 Hughes 647. the bank is allowed to hold money upon personal security. Indeed. a sum of money upon an agreement. I Morse. if it received compensation and was careful to put its name only to solid paper. . 130 SE 759(1926). 133 SC 202. . 3rd Ed." First Nat'l Bank of Tallapoosa v. and it probably is not invoked too often . "It has been settled beyond controversy that a national bank. 642. . 842 (1929). . v. even though solvent. All such contracts entered into by its officers are ultra vires ." Parsons v. 73 Pac 324. which is the real business of a bank." Howard & Foster Co. Bailey. Magee. as included in its powers not incidental to them. American Express Co. "A loan may be defined as the delivery by one party to. Bowen v. 194 NW 430. but it must be money that it loans.Ct 1024. Atkinson. drafts. cannot lend its credit by guaranteeing the debts of another. Needles Nat. make a great deal more than any lawful interest on its money would amount to. 6 . Bank. “The doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters. v. . . Neilon. ." Federal Intermediate Credit Bank v. 879. and the receipt by another party of. . ". 79 NW 229. Fed Case No. Neifert White Co. 176 SE 644. it might." National Bank of Commerce v. L 'Herrison. the power would be the mother of panics. express or implied. "There is no doubt but what the law is that a national bank cannot lend its credit or become an accommodation endorser. Monroe. to lend its credit to another in any of the various ways in which that might be done. the former gives rise to a liability of the bank to another. . is it a part of a bank's business to lend its credit. and bank notes are not lawful money of the United States . Also see Kirkland v. If not careful. Bank. Sec 248..12.. First National Bank. Citizens Nat'l Bank of Union."A national bank has no power to lend its credit to any person or corporation . Citizens State Bank. "Neither. Fox 179 Ga 605. 43 Ore 168. 55 E 471. . 94 F 925 36 CCA 553. Zinc Carbonate Co.” State v. “. 32 LRA (NS) 550. Citizens State Bank. If a bank could lend its credit as well as its money." Seligman v. 44 LED 637. for while the latter creates a liability in favor of the bank. 176 US 682. checks. 103 Wis 125. 135 Ga 614.. Banks and Banking 5th Ed.. v.. but not its credit. money orders. "It is not within those statutory powers for a national bank. 155 SE 2d 701 and United States v. lending credit is the exact opposite of lending money. 1039. 69 SE 1124. Banks and Banking.
147 Wis 559-572. “A bank is not the holder in due course upon merely crediting the depositors account. "Each Federal Reserve bank is a separate corporation owned by commercial banks in its region . be made the equivalent of actual payment . “The contract is void if it is only in part connected with the illegal transaction and the promise single or entire." Lane v." Young v. 132 NW 1122. Guardian Mut." Barnsdall Refining Corn. Iverson. There is no distinction between misrepresentations effected by words and misrepresentations effected by other acts. is wholly void. Hembree. by argument.” Bankers Trust v. and which is so acted upon. or if there are several considerations for an unseverable promise one of which is illegal. 133 SW 2d 75. 227 Wis 550. the promise. however ingenious.." Christensen v." Leonard v.” Menominee River Co. FRAUD "Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract. "Any conduct capable of being turned into a statement of fact is representation.' and entitles party deceived to avoid contract or recover damages.. Augustus Spies L & C Co.. 680 F 20 1239 (1982). Railey 280 Ky 319. 7 . v.. 279 NW 83. “If any part of the consideration for a promise be illegal. 92 F 26 817.” Whipp v. Springer 197 Ill 532. or paper money used as a circulating medium of exchange . United States. v. 91 P 133. because it would be unjust to allow one who made false representations. constitutes 'fraud. 73 P2d 393. 143. 64 NE 301. . Savings Bank. Nagler. whether written or oral. “It is not necessary for recision of a contract that the party making the misrepresentation should have known that it was false.” Guardian Agency v. Birnam Wood Oil Co. Beebe. 32 Utah 406." Lewis v."The word 'money' in its usual and ordinary acceptation means gold. "A promise to pay cannot. but recovery is allowed even though misrepresentation is innocently made. 229 NYS 2d 142.. even innocently. as it is impossible to say what part or which one of the considerations induced the promise. "A check is merely an order on a bank to pay money. silver. to retain the fruits of a bargain induced by such representations. 43 Wis 2d 166. .
IN AND FOR (name) COUNTY.: DIVISION: vs. pursuant to (state) Rules of Civil Procedure (number) because of 8 PETITION FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF .IN THE CIRCUIT COURT. (number). Plaintiff is a resident of (name) County. JURY TRIAL DEMAND (Lending Officer Name) Defendants. This is an action for Declaratory and other relief. VERIFIED PETITION INTRODUCTION. (Your Name). (state) and has resided in (name) County for a period in excess of (number) years. in accordance with (Federal Rule of Civil Procedure 38) (State Name) Rule of Civil Procedure ??). Defendants maintain their main offices in the state and do business within this state. 2. This court has jurisdiction under the (state) Declaratory Judgments Act. (state). ____________________________/ PLAINTIFF DEMAND FOR A JURY TRIAL Plaintiff. asserts (his/her) rights under the Seventh Amendment to the United States Constitution and demands a trial by jury on all issues of fact. JURISDICTION AND VENUE 1. and the State of (name) Constitution. (state) Statutes. 3. Wherein plaintiff moves the court for Injunctive relief and Declaratory Judgment. as an original action in the (number) Circuit Court of (name) County. This civil action arises under (Statute #). (number) JUDICIAL CIRCUIT. (state) (Your name) Plaintiff CASE NO.
address. based upon fraudulent testimony before the court in the original Foreclosure action. All of the claims derive from a common nucleus of operative fact. The defendant foreclosed on plaintiff’s property on (Date). 9 .) FACTS 8. zip. 7. Plaintiff is a single man and is the owner of title for the Homestead property located (Address City. zip. The complaint alleges violations of law by fraudulent practices of defendants.newly discovered evidence of Fraud on the part of the defendant in a Court foreclosure action. The plaintiff moves the court for a Temporary Restraining Order pursuant to (state) Rules of Civil Procedure (number) in that the sale of plaintiff’s homestead property will cause irreparable injury and damage to plaintiff. denying plaintiff a fair trial. PARTIES 6. 8. 7. The defendants intend to sell the plaintiff’s home on (date). Plaintiff applied for a loan of money. (EXHIBIT A) 10. city. Defendant refused to loan plaintiff legal tender or other depositors' money to fund the alleged bank loan check. 5. Defendants are doing business in banking under the name of (Name of Bank). The defendant bank advertised they loan money.) 4. State.) Plaintiff is employed as an (occupation). State. (CASE NO. All of the events alleged herein-transpired in (name) County. (state). 9. These defendants are doing business in the State of (name) and are served at their Attorney’s offices (Name of firm. The defendant misrepresented to the plaintiff the elements of the alleged agreement.
000. 10 . The defendant refused to disclose whether the check was the consideration loaned for the alleged promissory note. 13.e. or agreement. There is no bona fide signature on the alleged promissory note. giving it value to day of ( $ 125.00) or repay the unauthorized loan it recorded from plaintiff to the bank. said copy purports to obligate plaintiff to pay ( i. The defendant used this loan to fund the alleged bank loan check. The alleged original promissory note could not be produced by defendant with plaintiff’s name on it. authorization. The defendant changed the cost and the risk of the alleged loan. One Hundred Twenty Five Thousand Dollars $ 125.11.00) if it were sold to investors. 19. 18. (EXHIBIT A) 16.00) plus interest.000. The defendant bank refused to disclose material facts of the alleged agreement. permission. refusing to tell plaintiff if the agreement was for plaintiff to fund the alleged bank loan check or if the defendant was to use the bank's legal tender or other “depositors” money to fund the bank loan check. 12. The defendant at no time loaned plaintiff legal tender or other depositors’ money in the amount of ($125. At all times the defendant operated without plaintiff’s knowledge. 14. 15. 17. The defendant recorded the forged promissory note as a loan from plaintiff to the bank. (EXHIBIT A) 20. back to plaintiff. The copy of the promissory note is a forgery.000.
stopping the sale of his Homestead Property and. Declaratory judgment instructing the Plaintiff of his rights under the law. Defendants have irreparably damaged the plaintiff by depriving him of his property and inflicting serious mental and emotional damage to plaintiff. (EXHIBIT ) Plaintiff alleges that defendant is in violation of the usury laws in that the defendant did charge interest on credit and not money. May God move the heart of the Presiding Judge of this Court too: 1.CAUSE OF ACTION PLAINTIFF. that law may prevail over lawlessness. in that the lending officer did not have the power under the Bank Charter to loan. the contract was ultra viris. 3. Plaintiff alleges that defendant through their conduct have defrauded plaintiff and based upon this fraud are in violation of Federal Banking Law 12 USC §24 (7) and subject to (State Statute number). Or instructing the Plaintiff that his rights which are in question are contrary to his understanding. Set aside the Judgment in the original action of foreclosure. Grant injunctive relief. Respectfully submitted. (Your name in Upper and Lower case) does show: Plaintiff re-alleges and incorporates by reference all prior allegations. 11 . the plaintiff credit. 5. 2. PRAYER May the God of creation intervene in the hearts of men that truth may prevail over deception. Plaintiff alleges that the defendant created a contract. which was void. 4. Impanel a Jury too determine the facts of this case.
(Your Name). says. Being a Citizen of the State of (Name) and. ___________________________________ (Your Name). and. FURTHER AFFIANT SAYETH NOT. Being of the age of Majority. and attached Affidavit. 4. (Name of State). that the foregoing is true and correct to the best of my knowledge and belief. (Your Name). State). Plaintiff VERIFICATION OF (NAME OF PARTY) I. 3. Plaintiff Address City. state. at (City. 12 . being domiciled at (address. I declare. zip and. State. declare as follows: 1) 2) I am named as the Plaintiff in the above-entitled matter.________________________ (Your name in Upper and Lower case). and know the facts therein stated to be true and correct. under penalty of perjury pursuant to the laws of the United States of America. Executed on (Date). Filed the attached Petition for Declaratory Judgment and Injunctive relief in the Circuit court of (Name) County. I do hereby affirm that the allegations contained therein are true to my best knowledge and belief. 2. city. I have read the foregoing VERIFIED COMPLAINT. zip AFFIDAVIT STATE OF (Name) COUNTY OF (Name) I. 1.
being identified by a valid (Name) State Drivers License did take an oath and states that he has read the Petition for Declaratory and Injunctive relief.S. Date) ____________________________ (Your Name). Affiant STATE OF (Name) COUNTY OF (Name) NOTORIAL On this day the ____ of (Month. whose address is (Address. Mail to the office of the attorney in charge for Defendant. State. Zip. before me personally appeared (Your name). Year). Plaintiff 13 . by U. _________________________ Notary Public My Commission expires: CERTIFICATE OF SERVICE I certify that I mailed a copy of the above Complaint. to (Name).________________________________ (Your name). and that the contents are true to the best of his knowledge and belief. City. and signed the documents before me.