Sat Mar 23, 2024 11:33 pm by globalturbo
A LOAN is Actually A Deposit of Money By A Customer With Banker / Banker Admits in Court that Banks Actually Loan Nothing
March 9, 2014
WoW the BIG BANK SCAM are finally coming out in-the-Open, i remember going thru OPPT documents 2 years back were-in Heather said, that NO LOAN is ever Made??, its all a FRAUD, and U R The VALUE not the MONEY!! and then-on with a new concept abt i-Open Banking System Sayin ” You R The Bank / You R the Value” statement hav allways impacted me since there-on and has opened my Views to a Whole New World of SCAMs & that we as a PEOPLE have been FOOLEDD BIG TIME…… GH
Also Check My Earlier post : How the Banksters Steal Your Wealth Using the Modern Banking System
The Great Banking Deception
BANK LOAN FRAUD
~ Galactic human ~
A LOAN is Actually A Deposit of Money By A Customer With Banker
A LOAN is: Deposit Of Money By A Customer With Banker; Gimbel Bros. v. White, 10 N.Y.S.2d 666, 667, 256 App.Div. 439 Black’s Law Dictionary Fourth Edition (page 1085)
Did You Really get A Loan?
Did you really get a loan when you contracted to borrow money from the bank to pay for your home? Or was it just an exchange (your note for cash), but the bank called it a loan? Or did two loans occur?
The banker says, repay the loan because the bank lent you money. We simply ask one question: Should the one who funded the loan be repaid the money? Whether they answer YES or NO, the bank must forgive the loan and zero out the debt. That is the one question that they do not want to answer because the borrower funded the loan as proven by the bank’s own bookkeeping entries.
Before an attorney can sue for foreclosure, he must show that the defending party (you) breached the agreement. The attorney needs a witness to give testimony that there is an agreement and that the agreement has been breached.
If Rich (as an example) testifies in court that there was a loan when he knew that there was only an exchange of equal value, Rich would be giving false testimony and would be called a false witness.
In a normal court foreclosure, the lender does not come to court to give testimony. The bank attorney uses the alleged promissory note with the alleged borrower’s signature as the witness in court to claim that there is an agreement, that there was a loan, that the lender fulfilled his agreement, and that the alleged borrower did not fulfill the agreement to repay the money. Instead of the attorney using Rich to give oral testimony, the attorney used the promissory note as the witness as the evidence to sue the alleged borrower.
There is a legal concept of form vs. substance. The form is the promissory note, which says that the lender lent money to the alleged borrower. The substance is the money trail – the bookkeeping entries. The substance shows that there were two loans exchanged – equal value for equal value. The borrower was required to repay his loan to the bank plus interest, but the bank never repaid the debt it owes to you. IOU was exchanged for IOU. The two newly created IOUs cancel each other.
Acts in reference to the issue of whether “greenbacks” could be used to pay state taxes. In Perry v. Washburn, 20 Cal.318 (1862), the California Supreme Court ruled that United States notes could not be used to pay state taxes, especially where a California statute required taxes to be paid in coin. In State Treasurer v. Collector Sangamon County, 28 Ill. 509, 512 (1862)
The Colorado Constitution Page 12 states only coin can be used to pay debts. §10. Powers denied individual states. (1) No state shall enter into any treaty, alliance or confederation; grant letters of marque or reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
In reference to the lawfulness of the “greenback” currency of the Union, this issue involved not one single case but a multiple of cases spanning some 15 years. Before delivering any opinion wherein a challenge to the constitutionality of the Legal Tender Acts was concerned, the U.S. Supreme Court rendered certain opinions in cases related to this issue. In Bronson v. Rodes, 74 U.S. (7 Wall.) 229 (1869), the Court held that a bond requiring payment in specie coin could not be discharged by paying “greenbacks.”
Source
Banker Admits in Court that Banks Actually Loan Nothing
This is an actual court transcript – an interview with a banker, who is under oath, about a foreclosure. The banker was placed on the witness stand and sworn in. The plaintiff’s (borrower’s) attorney asked the banker the routine questions concerning the banker’s education and background. Then this conversation followed:
Attorney ( Lawyer ) in RED
Banker in Blue
The attorney asked the banker, “What is court exhibit A?”The banker responded by saying, “This is a promissory note.”
The attorney then asked, “Is there an agreement between Mr. Smith (borrower) and the defendant?”
The banker said, “Yes.”
The attorney asked, “Do you believe the agreement includes a lender and a borrower?”
The banker responded by saying, “Yes, I am the lender and Mr. Smith is the borrower.”
The attorney asked, “What do you believe the agreement is?”
The banker quickly responded, saying, ” We have the borrower sign the note and we give the borrower a check.”
The attorney asked, “Does this agreement show the words borrower, lender, loan, interest, credit, or money within the agreement?”
The banker responded by saying, “Sure it does.”
The attorney asked, `”According to your knowledge, who was to loan what to whom according to the written agreement?”
The banker responded by saying, “The lender loaned the borrower a $50,000 check. The borrower got the money and the house and has not repaid the money.”
The attorney noted that the banker never said that the bank received the promissory note as a loan from the borrower to the bank. He asked, “Do you believe an ordinary person can use ordinary terms and understand this written agreement?”
The banker said, “Yes.”
The attorney asked, “Do you believe you or your company legally own the promissory note and have the right to enforce payment from the borrower?”
The banker said, “Absolutely we own it and legally have the right to collect the money.”
The attorney asked, “Does the $50,000 note have actual cash value of $50,000? Actual cash value means the promissory note can be sold for $50,000 cash in the ordinary course of business.”
The banker said, “Yes.”
The attorney asked, “According to your understanding of the alleged agreement, how much actual cash value must the bank loan to the borrower in order for the bank to legally fulfill the agreement and legally own the promissory note?”
The banker said, “$50,000.”
The attorney asked, “According to your belief, if the borrower signs the promissory note and the bank refuses to loan the borrower $50,000 actual cash value, would the bank or borrower own the promissory note?”
The banker said, “The borrower would own it if the bank did not loan the money. The bank gave the borrower a check and that is how the borrower financed the purchase of the house.”
The attorney asked, “Do you believe that the borrower agreed to provide the bank with $50,000 of actual cash value which was used to fund the $50,000 bank loan check back to the same borrower, and then agreed to pay the bank back $50,000 plus interest?”
The banker said, “No. If the borrower provided the $50,000 to fund the check, there was no money loaned by the bank so the bank could not charge interest on money it never loaned.”
The attorney asked, “If this happened, in your opinion would the bank legally own the promissory note and be able to force Mr. Smith to pay the bank interest and principal payments?”
The banker said, “I am not a lawyer so I cannot answer legal questions.” The attorney asked, “Is it bank policy that when a borrower receives a $50,000 bank loan, the bank receives $50,000 actual cash value from the borrower, that this gives value to a $50,000 bank loan check, and this check is returned to the borrower as a bank loan which the borrower must repay?”
The banker said, “I do not know the bookkeeping entries.”
The attorney said, “I am asking you if this is the policy.”
The banker responded, “I do not recall.”
The attorney again asked, “Do you believe the agreement between Mr. Smith and the bank is that Mr. Smith provides the bank with actual cash value of $50,000 which is used to fund a $50,000 bank loan check back to himself which he is then required to repay plus interest back to the same bank?”
The banker said, ” I am not a lawyer.”
The attorney said, “Did you not say earlier that an ordinary person can use ordinary terms and understand this written agreement?”
The banker said, “Yes.”
The attorney handed the bank loan agreement marked “Exhibit B” to the banker. He said, “Is there anything in this agreement showing the borrower had knowledge or showing where the borrower gave the bank authorization or permission for the bank to receive $50,000 actual cash value from him and to use this to fund the $50,000 bank loan check which obligates him to give the bank back $50,000 plus interest?”
The banker said, “No.”
The lawyer asked, “If the borrower provided the bank with actual cash value of $50,000 which the bank used to fund the $50,000 check and returned the check back to the alleged borrower as a bank loan check, in your opinion, did the bank loan $50,000 to the borrower?”
The banker said, “No.”
The attorney asked, “If a bank customer provides actual cash value of $50,000 to the bank and the bank returns $50,000 actual cash value back to the same customer, is this a swap or exchange of $50,000 for $50,000.”
The banker replied, “Yes.”
The attorney asked, “Did the agreement call for an exchange of $50,000 swapped for $50,000, or did it call for a $50,000 loan?”
The banker said, “A $50,000 loan.”
The attorney asked, “Is the bank to follow the Federal Reserve Bank policies and procedures when banks grant loans.”
The banker said, “Yes.”
The attorney asked, “What are the standard bank bookkeeping entries for granting loans according to the Federal Reserve Bank policies and procedures?” The attorney handed the banker FED publication Modern Money Mechanics, marked “Exhibit C”.
The banker said, “The promissory note is recorded as a bank asset and a new matching deposit (liability) is created. Then we issue a check from the new deposit back to the borrower.”
The attorney asked, “Is this not a swap or exchange of $50,000 for $50,000?”
The banker said, “This is the standard way to do it.”
The attorney said, “Answer the question. Is it a swap or exchange of $50,000 actual cash value for $50,000 actual cash value? If the note funded the check, must they not both have equal value?” The banker then pleaded the Fifth Amendment.
The attorney asked, “If the bank’s deposits (liabilities) increase, do the bank’s assets increase by an asset that has actual cash value?” The banker said, “Yes.”
The attorney asked, “Is there any exception?”
The banker said, “Not that I know of.”
The attorney asked, “If the bank records a new deposit and records an asset on the bank’s books having actual cash value, would the actual cash value always come from a customer of the bank or an investor or a lender to the bank?”
The banker thought for a moment and said, “Yes.”
The attorney asked, “Is it the bank policy to record the promissory note as a bank asset offset by a new liability?”
The banker said, “Yes.”
Check For More : http://2013rainbowroundtable.ning.com/profiles/blogs/banker-admits-in-court-that-banks-actually-loan-nothing
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