Thursday, July 29, 2010
Dorean Committed Fraud 4-29-10
I have seen another debate offered by the ignorant which I felt need to address. Dan Benham was one of our brokers who took this position and expressed the view that Dorean was an honest process until it entered the refinance portion. It is another superficial debate entertained by those afraid to delve into the tough questions. On the surface it is easy to morally attack this transaction but that phase of our process was not a greedy or fanciful whim. It was thoroughly researched, tactically designed and executed. Still to this day I am not moved by this superficial debate. The truth of the facts has the impact upon my character. My general disgust with the American adult is they have lazy minds and superficial moral development. When they enter into judgment they condemn themselves and cannot find the reason to expose it. The Dorean process absent the refinance is where understanding must begin. Dorean placed Scott and Kurt into a fiduciary and legal position upon which to challenge a claim made upon the equity of real estate situated within the res of a trust to which they were obligated. The challenge was based upon the factual contention that the alleged lender was not so as a legal fact. Rather they merely used a license privilege through some banking charter to monatize the credit of the trustor and alleged borrower. The creator of documents in this transaction was also the keeper of the books and records. They contained the factual evidence of the transaction. The trustees were possessed with legal evidence only. The complete understanding of a transaction is a proper interpretation of both the legal and factual evidence. Anything less is a fraud in some fashion. The trustees sued for the factual evidence via an administration process designed by and consistent with the self-help provisions of the UCC. If the factual evidence was consistent with the legal claim the trustee were as bound as the real parties in interest. If on the other hand the facts were not than the duties of the trustees shifted to other legal obligations. Note that none of this has ever been (allowed) presented in any court in any jurisdiction. The refi is not a grab for money at the expense of an unwitting tender. That is a presumption never entertained out of Dorean’s legal evidence. Even if ultimately Dorean would challenge that mortgage it does not change the facts. Advance knowledge of legal process and factual probability is not a crime, especially when fraud is the basis by which they became relevant. If Dorean was a moral and legal process at its first phase it axiomatically maintains that position even in a refi. Any argument otherwise is a self-refuting contradiction. It cannot be right at one stage and wrong at another, unless the law or facts change and His behavior remains the same. Tell me what is the difference between the conversation of credit into real estate or cash from a moral, legal, or factual argument? Are the facts, law or ethics changing with the commodity? These arguments are ill-informed and silly. Do the homework and see if it does not impact your character.