Thursday, September 28, 2006

Class in Session: Lesson 4

I anticipate another 25 lessons or so. By the end you will be able to clearly see that Dorean was completely within the law and that amateurs like Pauligirl don’t know what they’re talking about. At least she is trying and I hope she learns from these. She is less trained than lawyers who themselves are idiots of the code.

I want to focus this time on the core issue. Is the alleged borrower an aggrieved party? If they have no grievance Dorean was a mere interloper on a settled matter. If there is a valid grievance that action becomes property. The property can be transferred by a chose-in-action or other assignment. If Dorean receives this property as trustee there comes with it a corresponding duty to prosecute the action to deliver the property to the beneficiaries. The right to this property is synonymous with remedy which can be sought through a tribunal or a self-help method, “self-help” which are among the most important body of rights under the UCC, remedial rights being those to which an aggrieved party may resort to on its own. Did the bank meet the standards of “good faith?” The subjective element of honesty in fact and the objective element of the observance of reasonable commercial standards of fair dealing, as a result, both the subjective and objective elements are part of the standard of “good faith.” We do not believe this standard was met creating a valid grievance. The UCC states affirmatively that the freedom to contract is one of its principles but never can one disclaim by agreement good faith, diligence, reasonableness and care. If in honesty of fact the lender is void of these standards there is no excuse, a damage that becomes a property right that can be handled by a self-help, non-tribunal remedy as long as it maintains the standards of good faith. You say not, prove it! I say so and will prove it!

9 comments:

~~The Swami~~~ said...

Partysecured, I don't read your shit! What's the deal? Is the teenager forum partysecured usually frequents not working?

son of a prophet said...

geez, i thougt i accidentally typed myspace.com, but then i had to check, it was the dorean blog afta all....

son of a prophet said...

ucc....like i said...it comes down to if someone says "hello" to you, you should ask them if you reply to their "hello", are you entering into a contract with them?

simplistic, for sure...but it gets the point across...any responding action you take on anything can be interpreted as entering into a contract, so you must make sure that you dont, or at least are aware of and agree to the terms and conditons of the contract.

son of a prophet said...

AND, of course, the contract must contain full disclosure (just like you mortgage cntract! lol)

son of a prophet said...

RECOMMENDED READING:



"Confessions of an Economic Hit Man"


John Perkins, Author




In this riveting personal story, John Perkins tells of his own inner journey from willing servant of empire to impassioned advocate for the rights of oppressed people. Covertly recruited by the United States National Security Agency and on the payroll of an international consulting firm, he traveled the world—to Indonesia, Panama, Ecuador, Colombia, Saudi Arabia, Iran and other strategically important countries. His job was to implement policies that promoted the interests of the U.S. corporatocracy (a coalition of government, banks, and corporations) while professing to alleviate poverty—policies that alienated many nations and ultimately led to September 11 and growing anti-Americanism.

Perkins’ story illuminates just how far he and his colleagues—self-described as economic hit men—were willing to go. He explains, for instance, how he helped to implement a secret scheme that funneled billions of Saudi Arabian petro dollars back into the U.S. economy, and that further cemented the intimate relationship between the Islamic fundamentalist House of Saud and a succession of American administrations. Perkins reveals the hidden mechanics of imperial control behind some of the most dramatic events in recent history, such as the fall of the Shah of Iran, the death of Panamanian president Omar Torrijos, and the U.S. invasions of Panama and Iraq.

Confessions of an Economic Hit Man, which many people warned Perkins not to write, exposes the little known inner workings of a system that fosters globalization and leads to the impoverishment of millions of people across the planet. It is a compelling story that also offers hope and a vision for realizing the American dream of a just and compassionate world that will bring us greater security.

KYHOOYA said...

Pauligirl said...
about the speedy Trial Act

"The court finds that for the reasons stated, for effective preparation of counsel and complexity of the case, time is excluded from Speedy trial Act."
Yes ,I understand that there has been many delays do to the judge stopping the clock for one reson or another. I also understand there are many case & point examples that show this.

My question was where the clock is at this point or has it been set aside altogether ?

I also asked you a question some time back that, that for some reson you or anyone else for that matter have yet to answer . The question was ……

The differences between the loan on a refi of your home and the loan you take on your 401-K plan ?

If one has the understanding of the two differences ,then I ask why can one be let to work to the borrowers benefit and the other only to their expense .

These two differences being shown on a (Home Equity / Cash out EQ Line )
And the (401-K vested equity loan) and understood , that one transaction causing the balance at it terms end to be notably increased by the payments and there application as set forth in the terms.
Yet when in the case of the other transaction it shows that exact opposite affect & has a cured there by causing the acct. to not only be reduced by the loan amount but a staggering 3-4 times the amount of the other EQ loan.

Now if you could tell me if I have something here that isn’t true or if there is something that I can answer for you that might better clarify these two examples. Assuming that you are of the understanding about the differences in these and I haven’t miss something that would cause a change in my position, I would like to here your thoughts on this:

1) How the two loans I have described above are different from (Purchase Home Loan) ?
2) Why the banks shouldn’t be let to lend on something that is your asset in the transaction ?
3) How the banks have taken the terms and such of the loan’s describe and then twisted them in a way as to create profitable gain all stemming from the general publics lack of understanding and their unwillingness to tell them?
4) These action be the case and the bank having the knowledge of the workings with out a doubt is this not a form of grand larceny or fraud and there by a crime by our laws?


The fact that the banks do things everyday to cause or enhance the onset of fees or any number of different think they do that strip more and more money from the public that they say they are there to service.

They are there for one thing only $$$$$$$$$$$ ….. try a little experiment the next time you get a chance see what kind of help you get when there is a lot of money in your acct and when there isn’t .
Also try to see about having a lager some of money take out in cash and see what kind of reaction you get (by large I mean $10 to 15K hardly enough to go out to the auction and by a boat or something ) the reaction will be that of interest I would hope and there by maybe the cause of your change about the bank. Oh yah there was a post some time back about the banks being told to not give you access to your safe deposit box and content in till they notify HLSecurity about it and incase of a complete closing or withdraw of content the HLS will only be letting you take papers and such no gold or silver or old fire arms from the box and in fact will be taking those away them self’s.. SURPRISE ! YOUR LOSS when and if that happens . I can state that this along with any other things have been changed at the bank and you will no longer be your money or things it will all be what they deem they want to give you and they do this with the governments backing and order so in fact they don’t care what threat you may have they have the gov. backing and so they not worried about court cases or the like .

Sound like another few cases in the fed’s hands and court that are no worry to them either.

Let’s hear what you got on these items ,but please don’t tell me the obvious I can go to the web site and read case log if that s what I wanted to what I'm asking for just say what it is and leave that text book answers for the courtroom . I already know the backing for the unjust is that goes on day tot day this is what I would like to hear the real truth you believe and feel to be right or wrong and why.

L8R

KYHOOYA said...

To whatdoyoumean:

same neck of the woods?

If you mean the "Bay area" then you would be correct in your assumtion.

Or for the redneck that could read Back Word's Bay Area Wood's.

Where they put the "uz" in "Cuz-in" & it's not always family, you kno0w what I'm say-in Cuzzy!
________
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~~The Swami~~~ said...

© John Spellman / Retna Ltd.
Scarlett Johansson
Esquire: Scarlett Johansson 'Sexiest'
Sep 29, 2:28 PM EST


The Associated Press

Scarlett Johansson's hourglass figure and plum movie roles have brought her many fans. Among them, clearly, the editors at Esquire. The magazine has just crowned her "Sexiest Woman Alive."

The 21-year-old actress poses in come-hither garb on the cover and inside pages of the magazine's November issue, on newsstands Oct. 18.

~~The Swami~~~ said...

With this picture, I rest my case.

http://english.pravda.ru/photo/report/show-480/6/