Sunday, July 21, 2013

ARTHUR M. SCHACK, JUSTICE NEW YORK NY, MARK TWAIN, BLACK'S LAW DICTIONARY ET AL: ALLODIAL TITLE, ET CETERA

What is ALLODIAL?

Free; not holden of any lord or superior; owned without obligation of vassalage or fealty; the opposite of feudal. Barker v. Dayton, 28 Wis. 3S4; Wallace v. Ilarmstad, 44 Pa. 499.    >>Law Dictionary:  >> CLICK What is ALLODIAL? definition of ALLODIAL (Black's Law Dictionary) http://thelawdictionary.org/allodial/#ixzz2Zhi2UouX

http://www.freedom-school.com/land_patents-allodial_title.pdf

http://www.afn.org/~govern/bankruptcy.html

http://www.republicoftheunitedstates.org/what-is-the-republic/history/


There's something else you should know: Everything, since June 1933, operates in COMMERCE! Why is this important?

Commerce is based on agreement, contract.

Government has an implied agreement with the Strawman (government's creation) and the Strawman is subject to government rule, as we illustrated above. But when we, the real flesh and blood man and woman, step into their "process" we become the "surety" for the fictional Strawman.

Reality and fiction are reversed. We then become liable for the debts, liabilities and obligations of the Strawman, relinquishing our real (protected) character as we stand up for the fictional Strawman.

http://loveforlife.com.au/content/09/01/31/commerce-game-exposed-how-play-learn-how-play-accepted-value-application-commercial 


... >> JP Morgan Chase Bank, National Association, AS PURCHASER OF THE LOANS AND OTHER ASSETS OF WASHINGTON MUTUAL BANK, FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA (THE "SAVINGS BANK") FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION, ACTING AS RECEIVER FOR THE SAVINGS BANK AND PURSUANT TO ITS AUTHORITY UNDER THE FEDERAL INSURANCE ACT, 12 U.S.C. § 1821 (d) 3415 Vinson Drive Columbus, OH 43219, Plaintiff, against Frederick Butler et. al., Defendants. "... The Automated City Register Information System (ACRIS) does not show any assignments of the WAMU mortgage to FANNIE MAE or CHASE. However, a CHASE representative, Yvonne Brooks, "Home Loan Senior Research Specialist," in her December 8, 2011-affidavit attached to plaintiff's cross-motion, claims, in ¶ 6, that FANNIE MAE, in April 2007, purchased the BUTLER loan and WAMU retained the servicing rights. Exhibit D of the cross-motion contains a computer printout, dated April 20, 2007, showing this. Thus, plaintiff CHASE ultimately acknowledged that FANNIE MAE is the "Wizard of Oz," operating behind the curtain, and the real owner of the subject BUTLER note and mortgage. >> In analyzing the instant orders to show cause and cross-motion, the Court is cognizant that, with the sale of the subject premises and the $490,000.00 of the proceeds deposited with the Kings County Clerk, the instant BUTLER foreclosure action is now moot. However, the Court must deal with the aftermath, namely: the issue of bad faith by CHASE, its counsel and FANNIE Mae; the distribution of the $490,000.00 on deposit with the Kings County Clerk; and, whether the bad faith by CHASE and its counsel is frivolous conduct.  >>

In the context of negotiations, the absence of agreement does not itself establish the lack of good faith. (See Brookfield Indus. v Goldman, 87 AD2d, 752, 753 [1d Dept 1982]). [*10]Usually, a finding of lack of good faith in CPLR Rule 3408 settlement conferences has been determined from the conduct of the mortgagee/plaintiff. "Conduct such as providing conflicting information, refusal to honor agreements, unexcused delay, unexplained charges, and misrepresentations have been held to constitute "bad faith." (Flagstar Bank, FSB v Walker, 37 Misc 3d 312, 318 [Sup Ct, Kings County 2012]). (See Wells Fargo Bank, N.A. v Ruggiero, 39 Misc 3d 1233 (A), at * 6 [Sup Ct, Kings County 2013]; One W. Bank, FSB v Greenhut, 36 Misc 3d 1205 (A), at * 4-5 [Sup Ct, Westchester County 2012]). In the instant action, it is obvious that plaintiff CHASE and its counsel provided conflicting information, unexplained charges and misrepresentations. Clearly, CHASE and its counsel engaged in bad faith, with its "failure to deal honestly, fairly, and openly."

The Appellate Division, Second Department, in Wells Fargo Bank, N.A. v Meyers at * 7, discussed the remedies that courts may use if foreclosure plaintiffs violated their obligation, pursuant to CPLR Rule 3408 (f), to negotiate in good faith. The Court observed:

In the absence of specific guidance from the Legislature or the Chief Administrator of the Courts as to the appropriate sanctions or remedies to be employed where a party is found to have violated its obligation to negotiate in good faith pursuant to CPLR 3408 (f), the courts have resorted to a variety of alternatives in an effort to enforce the statutory mandate to negotiate in good faith. For example, upon finding that foreclosing plaintiffs have failed to negotiate in good faith, courts have barred them from collecting interest, legal fees, and expenses (see Bank of Am., N.A. v Lucido, 35 Misc 3d 1211 [A] [Sup Ct., Suffolk County 2012]; BAC Home Loans v Westervelt, 29 Misc 3d 1224 [A] [Sup Ct., Dutchess County 2010]; . . . Wells Fargo Bank v Hughes, 27 Misc 3d 628 [Sup Ct., Erie County 2010] . . . [and] imposed a monetary sanction pursuant to 22 NYCRR part 130 (see Deutsche Bank Trust Co. of Am. v Davis, 32 Misc 3d 1210 [A] [Sup Ct, Kings County 2011]; cf. BAC Home Loans v Westervelt, 29 Misc 3d 1224.

Further, in Wells Fargo Bank, N.A. v Meyers at * 9, the Court instructed: 

... >>> ORDERED, that Ronald David Bratt, Esq., my Principal Law Clerk, is directed to serve this order by first-class mail, upon: Jamie Dimon, Chairman and Chief Executive Officer of plaintiff, JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, 270 Park Avenue, New York, New York 10017; Jennean Rogers, Esq., CULLEN & DYKMAN LLP, 100 Quentin Roosevelt Boulevard, Garden City, New York 11530; CULLEN & DYKMAN LLP, 100 Quentin Roosevelt Boulevard, Garden City, New York 11530; and Yolande I. Nicholson, Esq., 26 Court Street, Suite 602, Brooklyn, New York 11242.

This constitutes the Decision and Order of the Court. [*15]

ENTER

___________________________
HON. ARTHUR M. SCHACK J. S. C.   http://www.courts.state.ny.us/reporter/3dseries/2013/2013_51050.htm

CONTINUE >> http://theartof12.blogspot.com/2013/07/hon-arthur-m-schack-j-s-c-american.html


When the human species gets to a point of imbalance, such as the masses of humans nothing more than farmed 'energies' to be 'exploited' for a few humans that are criminally insane, then it's inevitable that the time arrives for real change.  Billions of memories to prove this truth as self-evident ...





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