Tuesday, April 18, 2006

The Last Validation:

Here is the impossible hurdle for Judge Alsup and Keller. There are 27 banks and 30 something transactions as the foundation of our crimes. Because of the nature of the elements of the crimes validation of the debt cannot be awarded. There are 10-year enhancements for a FDIC institution as victim. The claimant cannot be properly identified without scrutiny of the claim. What they were afraid to do in the civil arena they must now perform to convict. Do you think they are suddenly now going to find the courage to expose their underbelly? They themselves are exposed to criminal prosecution. When they can’t validate the judge and prosecutor are going to use them as the scapegoat for their sins. This is easy. Our damages to these 2 men was caused by the banks lying about a loan, “We had no choice based on the information brought to the court.” They will charge them with perjury, sanction each lawyer and refer them to the bar. What they can’t validate they never can. It is one thing to be called a liar because of things outside your control and quite another when you control all factual matters. The victims in this case are all lawbreakers, liars, and without clean hands. The last validation will come as a validation of our process because they still cannot validate their claim. There comes a time when every great bluffer finds an opponent whose hand does not allow him to fold and validation must occur. We are here, calling, all-in, and the cards must be displayed! Get ready for a windfall of chips!

32 comments:

son of a prophet said...

toto said......


$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Unknown said...

Justice7777777 said...
Kurt said, "Get ready for a windfall of chips!"

Zero chips but plenty of wind, especially the hot wind coming out of my ass.

WillToFight said...

Complainers suck....

Unclean hands can be used as an affirmative defense in cases where the complaint is equitable.
____________

I second that! Where are the naysayer?

WillToFight said...

TACASSHO said

You are "ALL-IN" with 2/7 offsuit

_____________

What do you have assrayvision or something. You just can't let yourself back into the fold can you!

I'll send you $4500 taco if you sign everthing over to me!

WillToFight said...

Boy you think everybodys' just like you!

IDIOT, IDIOT IDIOT

LOL!

habakkuk said...

Tcob said......

If you really believe the money is coming then you will be filthy rich.

You can double it with my portion.

Seems like a no-brainer to me.

I guess the key is.......

Do you REALLY believe it?????
___________________________________

$4,500 will be a little hard for me to come by right now but i might be able to do it with some help from friends....I'm willing to take you up on that offer TACO if i can come up with the $$$. Don't post an offer your not willing to back up. If the offer is still there i can make it happen (that is if willtofight doesnt take it). Let me know and we can set it up. Its worth the risk to me.

habakkuk said...

Tcob,

I want to give Willtofight at least 1 day to take the offer...Its only fair. Then i may need 3-5 days to get the $4,500.

habakkuk said...

By the way, whats the mortgage amount? Thats kind of an important question...right;)

habakkuk said...

Ok, i just wanted to make sure it wasnt like $15K or somethin;)

Willtofight, its up to you budy.

drhfred said...

habakkuk
Please check to see if we would honor tcob247's claim in a settlement conference

habakkuk said...

drhfred said...

"habakkuk
Please check to see if we would honor tcob247's claim in a settlement conference "



Ok...how do i check that out?

___________________________________

Question: Kurt and Scott are still my trustess but i have a friend who had to quit claim out of trust to sell his home....does he still qualify for the settlement?

habakkuk said...

Oh ok, my friend still has the Trust (with kurt and scott as trustees), he just moved his home out of the trust....So he should be good as long as he has some form of banking with the trust....right?

son of a prophet said...

heheheheeeeeeeeeeeeeee...................


so wheres neodames to weigh on all of this....c'mon, guys, we need somenone to put out the fire of all this.....lets use alan greenpeas expression..."irrational exuberance"......


and dont forget, buy LOTS of gold bullion with your dough and you will double your settlement form the DG......


on second thawt...if one buys lots of gold with the settlement, will he become like the bankster he despises????................golden calf anyone???


better pray HARD to Yeshua that He let you keep your head...a really BIG windfall can do ugly thinsgs to a man.....

son of a prophet said...

seriously, good luck.....


but, remember to keep your head about you.

many ppl who have won mega lotterys in the past have had a miserable life afterwards...."who needs God, I just won $250M. I AM God....."

it is so easy to ruin a life with riches. that is why Yeshua warned about this many, many times in the bible....

riches can also ruin families and marriages....young chix become much more attractive to older guys with a couple hundred K to play arund with and a nice fast car....hit the night spots and the marriage is done....."c'ya honey, im trading you in for someone half your age....."

Judge Roy Bean said...

"Here's a successful mortgage cancellation or recission .....
Rodash v. AIB Mtge. Co.,26 holding that a lender's pass-on of a $ 204 Florida intangible tax and a $ 22 Federal Express fee had to be included in the finance charge, and that Martha Rodash was entitled to RESCIND HER MORTGAGE AS A RESUILT of the lender's failure to do so.
"

Byron, you're still trying to mislead people with snippets of case law.

When a mortgage is rescinded under TILA, the borrower does not get the house free and clear. The parties are simply set back to the status they were in prior to the establishment of the loan. In other words, if they want to continue living in the house, they have to take out another loan.

Judge Roy Bean said...

Complainers suck said: "CLEAN HANDS DOCTRINE - Under the clean hands doctrine, a person who has acted wrongly, either morally or legally - that is, who has 'unclean hands' - will not be helped by a court when complaining about the actions of someone else.

Unclean hands can be used as an affirmative defense in cases where the complaint is equitable.
"

You're confused. The "banks" are not a party in the criminal charges against the Dorean promoters. The only parties are the US Government and the defendants.

The lending institutions may provide documents and evidence as well as have people called to testify, but they are not a party to the suit so the clean hands doctrine does not apply to them.

A more real-world application of the concept would involve the Dorean Group promoters attempting to sue Kurt or Scott.

son of a prophet said...

btw, i like a good game of 'texas hold 'em' myself.....seems like we is coming to 4th street....


eveeryone all in.....lets go!

see whos bluffing....separate the men from the kids.....

son of a prophet said...

also, if i were on a jury, i would have to agree with moogel....


according to the CFR, the lender must validate the debt, prove that the lender put up somehting at risk...as the banks never put anything at risk, they cannot meet the proof of the CFR, so they lose easy....when someone defauslts, the banks lose nothing. so no risk, no gain....seems simple enuf to me.....

neodemes said...

"There comes a time when every great bluffer finds an opponent whose hand does not allow him to fold and validation must occur. "

Yep, and the last time they called your bluff, you did jail time, Kurt.

Let the chips fall where they may.

neodemes said...
This comment has been removed by a blog administrator.
Judge Roy Bean said...

Pleaseexplain asked: "Why would you need another loan? Do the courts give the house back to the people you bought it from? Do they make them leave their new home and move back into the one you are living in? Please advise Judge."
Consider that the statutory penalties available for a TILA violation are relatively small in terms of dollar amounts. In no sense did congress anticipate awarding the borrower a house just because the lender violated the Truth In Lending Act.

In TILA cases, as I indicated, the parties are effectively set back to their original condition prior to the loan. The loan is rescinded and legally does not exist any more. But the Judge will not award the borrower title to the house because that would be unjust enrichment for the borrower. A TILA violation involves a small penalty in comparison to the value of say, a $200,000.00 house.

What you will see most often is the lender offering some adjustment or perhaps even another loan to replace the defective one. Each case will have it's own peculiarities, details and figures, but nobody gets a free house in a TILA or RESPA case for that matter.

Most of the cases never even get to trial. Settlements are common and usually involve negotiated terms and conditions.

Judge Roy Bean said...

Byron (Mogel) (Confused again) said:"Your comment that the banks are not a party to the suit is a little bit confusing."

Check the case again, Byron. The Plaintiff is the United States of America. None of the defendants are banks, either. No one else is a party in a criminal case. Anyone else is either a witness or simply an observer.

Among the crimes they are charged with is bank fraud. This is not a civil matter though, so none of the banks that have been allegedly defrauded are anything other than witnesses for the prosecution.


Byron (still confused) goes on to ask: "After all, isn't [sic] several of the charges "bank fraud"? So was this alleged bank fraud committed against the government or the banks?"

The act of defrauding a bank is a criminal matter in the US. Using the mail in the act is another crime.

Byron (still confused) goes on to ask: "Was [sic] the banks complicit in having these charges come to fruition and if so, what is the significance of this?"

There's no such thing as "witness complicity" when criminal charges are brought against someone. Investigators take their findings to the US Attorneys, who present their case to a grand jury who gives an up or down (bill or no-bill) decision whether to issue indictments.

Byron (even more confused) goes on to ask: "Just because the banks aren't listed as Plaintiff's, don't you think that there can be a 3rd party complaint against them based upon the outcome of this trial?"

For what and by whom? You can't sue a witness for testimony provided in a criminal trial whether you win or lose. Unless someone can impeach their testimony and PROVE perjury, there is no recourse against any witness in a trial.

Judge Roy Bean said...

Byron (still confused) said: "If there is no bank fraud proven in Court against the Principals, then, all of the Dorean documents must stand as recorded as a legitimate process & the debt is essentially acknowledged as discharged as recorded."

Wrong again, Byron. Even if the charges are plea bargained into freedom for the promoters, the Dorean process has already been shot down in multiple civil cases and the lenders will still push each one through the civil courts - and will win no matter what the outcome of this trial. It's not only that a crime was committed by Kurt and Scott, the whole process itself has already been ruled legally, fatally flawed. Having a conviction will make the civil cases easier, since many of participants will probably be viewed as being more than happy to take part in the scam.

Byron (still confused) said: "
This means that the banks committed fraud. I think that point could be effectively proven or shown in Court by all the events that have happened to date once charges are dismissed.
"

Unfortunately for you, Byron, the civil case law is unanimously against your scam-based theories of law and banking.

Byron (still confused) said: "
If so, the unclean hands doctrine applies to the lenders, so if the lenders are sued, then, the lenders can't use the Courts to further their fraud to try to collect on a bogus debt since they come to Court with unclean hands.
"

But the law has already been tested in regard to that and a number of other bogus banking theories - there is no fraud as you like to depict it.

Byron (still confused) said: " At least that's the way it should work in theory. The Courts aren't there to enrich one's fraud or to protect one's fraudulent activities."

But your "fraud" theory is nothing but a part of a bogus debt-elmination scheme used to make money for the promoters, including yourself.

WillToFight said...

Damn Taco

what are you Frugal or what. A six figure man living in a 131,000 home. You could have paid that off in 2-3 years.

You didn't need this!

Anyway. I said sign everything over and I will give you the $4500. That means you must start with doing an affidavit that says. Any settlement, or return coming from the Dorean process belongs to....!

When I see that we have a deal. Get it done quickly and you can be gone from this site forever!

WillToFight said...

A Taco

A six figure man can afford a debt note of at least 1 Mil. What up, you lyin homey?

WillToFight said...

I think Judge is Saying

Government+Judiciary+Corporations= Fascism.

So the GOvernment/Judiciary brings the suite against the people for the questions or actions. The bank stands back and tells the court how to decide the case. The people lose and Fascism gets stronger!

And although the banks are not a party, they do not have to prove anything, because they don't act as plantiff. But they are called as witness, but as witness would have to produce facts!!!!!!

The Judiciary says that the people are bringing the suite against Dorean. Trying to pull the wool over our eyes

But in the end the JudiciaryGovernment/Banks/Fascist still loses. Still have to back up!
This is not some case where some poor kids gets railroaded because he can't afford a good defense!!!!!!


Or all hell is going to break loose!

People we'd better start standing up for ourselves!!!!!

WillToFight said...

Fudge Roy Want To Be Judge

Caught up in the scam himself that he can't see truth!

WillToFight said...

JRB

Who ruled that this process was a scam?

Again you must know what the fascist would like the turnout to be. Keep it under rap. We can't allow the ignorant to learn of our fraud. We must not bring charges. We force the courts to bring charges instead. So the truth never has to get out.

And another thing. This is not just about TILA! It is way beyond that!

You have ZERO Courage for Truth/Justice, look that up in Blacks law!

WillToFight said...

FLAWED DOES NOT EQUAL FRAUD

jrb

All can be corrected in time. That's why you say (lack of surety) "It doen't matter how the case turns out"

I beg to differ WantToBeJudge!

Judge Roy Bean said...

Willtofight blathered: "JRB
Who ruled that this process was a scam?
"

Duh! Try to keep up. The civil courts who have ruled in the cases where your buddies Scott and Kurt, lost, and you know all too well the parties who lost, including Julian.

Judge Roy Bean said...

Byron - you can't defend a scam like the DG program by saying some other entity is operating a scam.

When you think you've been scammed, the process is to sue the perpetrator.

Breaking the law to somehow get even doesn't cut it.

neodemes said...

Give it time, moogie, give it time.