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"Let me explain something, no one seems to comprehend"
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Let me explain something, no one seems to comprehend:
1] No bank or mortgage company loans their own funds or that of their clients & shareholders.
2] Promissory notes, after properly being drawn, are then presented {after being signed by the loan Creator/Signer/BORROWER}, to the Federal Reserve Banks “discount window” by a company with discount window privileges, (the loan originator company). The Fed presents this to the US Treasury and if the paper is in order, it is accepted as a debt of the United States (31 U.S. Code § 1501 - Documentary evidence requirement for Government obligations), and the printing of the funds is approved and transferred to the loan originator company, who then pays for, the property the "Creator/Signer of the loan" requested those funds for.
3] The Loan Originator Company, can do all this, as they have Operating Circulator 10 privileges, to present to the Fed. Bank System, all qualified paper for a discount sum and under the Creator/Signer‘s Power Of Attorney is there for them to act in all banking maters for this said “Loan“.
4.] The original resulting funds (principal amount) are returned is the Loan Originator Company, plus the full interest that would be due for the entire period of the notes term. (Example 30 year loan 10% term, of the interest compounded).
5.] Then, each week perhaps, the Loan Originator Company will then with its Discount Window Privileges, present yet another of those signed documents, to the Discount Window, for the full redemption again, of the principal amount (always minus 10% to the Fed. Banking System), plus they receive again the full interest for the term of the note too. This is done for each piece of paper signed, (application too), as it becomes a note and notes are the creation of funds. (For references see The Federal Reserve Act 1913 an Act to stabilize and control the currency of the US 1933 (also known as the Emergency Banking Relief Act)
6] Why can they do this?
Because the creator/Signer signed a note plus a power of attorney, to handle all banking maters for the Signer/Creator of that note (s).
7.] What happens to those funds?
They go into an account in the Creator/Signer's name, and are held earning interest by The Loan Originating Company and that company either continues to present and receive a discount of the original principal plus interest as described in the terms when they present notes to the federal reserve discount window, or until they sell some of that paper, to another Loan Originating company.
8.] As the Creator/Signer doesn't request a history of the entire loan funds, they never know about this and those funds become abandoned property of the Creator/Signer and are eventually lost to them.
9.] But that's a fraud you say?
Yes, it is fraud by omission and that has no statute of limitations either, so the Creator/Signer can go back on that Loan Originator Company ( or who ever bought them as they assume those future debts too) and their executives are too liable individually for frauds by deception/omission. And as they also sent the Creator/Signer a bill each month for that 30 year mortgage requesting/Demanding payments, on something they didn't even loan funds for there‘s mail fraud and the RICO Act to deal with.
So, When the Creator/Signer can produce proof of all of this for example by a subpoena for documents, a Loan Originator which endorses the Signed Promissory Note "Without Recourse" , and presents it to the Federal Reserve's discount window, the actual loan was then made by the US Treasury as as it‘s without recourse, there‘s no expectation to be repaid.
Here is a breakdown of why this is the case:
The Federal Reserve and the discount window:
The Federal Reserve, (a system of 12 central banks), operates the Discount Window to lend funds to “borrowers” of properly executed paper, by way of OC-10 privileged depository institutions (public depository institutions). This process is governed by Operating Circular No. 10 (OC-10).
The role of use of the words "Without Recourse":
When the Loan Originator (e.g., a public depository institution “bank“) endorses a Promissory Note "Without Recourse," and takes it to the Fed for funds, they are selling the note in its entirety and transferring the risk of non-payment to the buyer which is per 31 U.S. Code § 1501 the US Government. In this case, the Federal Reserve (acting on behalf of the U.S. Treasury is printing on demand funds for this transaction) and assumes that risk per the 1913 Fed Res. Act terms.
The role of the loan originator (bank):
The loan originator (your bank) facilitates the initial loan to you, the individual borrower, and may hold the promissory note temporarily. However, by endorsing it and transferring it to the Federal Reserve, the bank is essentially trading the promissory note for cash from the Fed. The bank is not the entity making the loan, but rather an intermediary in the process.
The role of the Creator/Signer of the promissory note :
The “person” (a legal term), who signs the Promissory Note is the “individual or entity”, ( legal terms), who borrowed the money but only the Signature stood good for the “loan” and is legally obligated to the US Treasury repay the debt when Gold and Silver Coin return to the United States as “Money“ A Constitutional Term. The terms of the loan, including the repayment schedule and interest rate, are outlined in the promissory note, and the borrower remains responsible for fulfilling those terms when money returns (See the Emergency Banking Act 1933).
The role of the U.S. Treasury:
The U.S. Treasury and the Federal Reserve work together in the country's financial system. While the Federal Reserve manages the discount window and lending (AKA reviewing of “eligible papers” see the Emergency Banking Act for that description), the ultimate funding and backing of the currency and financial system comes from the U.S. Treasury. This means that when the Fed advances Funds, against a Promissory Note (see Emergency Bankig Act 1933), those funds are essentially coming from the U.S. Treasury and not any other “Person“.
In summary, the loan originator makes the initial loan happen by their presentment of eligible papers, but by using the "Without Recourse" endorsement at the Discount Window, the US Treasury become the effective lender, assuming the risk of any non-payment from the original borrower and when “without Recourse“ is there they don‘t expect it back so it‘s over.
When a loan is made "without recourse," it is the Loan Originator (the entity that originated the loan) that is the actual lender and has made the loan, and they would therefore be the one who makes it by presenting the promissory note to the discount window. The term "without recourse" means that the loan originator has no recourse against the borrower if the borrower defaults. This means that if the borrower cannot pay back the loan, the originator cannot pursue the borrower for the remaining debt with no recourse against the Creator/Signer/borrower if they default.
Here's a breakdown of why:
Dodd-Frank Act and Discount Window: The Dodd-Frank Act changed the way the Federal Reserve's discount window operates. Before the act, the discount window could only be used to provide liquidity to banks in case of temporary liquidity problems. After the act, the Federal Reserve can provide loans to other entities ( read the Emergency Banking Act for those entities).
"Without Recourse": This phrase indicates that the loan originator is giving up their right to go after the borrower if the loan is not repaid.
Under federal regulations, the entity that actually funds the loan (Fed Res. Bank System) is responsible for paying the loan originator the requested funds. The loan originator is a licensed professional who handles the mortgage application process and connects the Creator/Signer/borrower with a lender (US Treasury) , but they do not use their own funds to issue the loan. This compensation framework was established by the Dodd-Frank Act to prevent deceptive lending practices by tying the originator's pay, to the specific terms of the loan.
How loan originators are paid
Compensation for loan originators, comes from one of two sources, and the rules prohibit receiving payment, from both:
From the lender (US Treasury):
The loan originator is paid a salary, commission, or a combination of both by the financial institution that provides the loan. This is the most common payment method for loan officers employed by a bank or mortgage company.
From the loan Creator/Signer/borrower:
In some arrangements, particularly with independent mortgage brokers, the Creator/Signer/borrower may pay an origination fee directly, for the service of securing a loan. If the Creator/Signer/borrower pays this fee, the originator is legally prohibited from receiving additional compensation from the lender (US Treasury).
The role of the loan originator
The payment structure makes sense when you understand the loan originator's function in the lending process:
The loan originator, they are a “Funds Facilitator“, not a funding institution:
A loan originator, whether a loan officer working for a Public Depository Institution/bank or an independent mortgage broker, is a “licensed guide” who helps the borrower through the application, documentation, and negotiation phases of getting a mortgage.
Intermediary role:
The originator serves as the “Liaison” between the Creator/Signer/borrower and the Public Depository Institution, AKA: bank or financial institution, that will actually procure the funds through the Fed Reserve.
Clarification on the U.S. government debt statute:
The U.S. Code Title 31, describes how the federal government records and tracks its own internal obligations and liabilities, not the consumer mortgage process. It is unrelated to who is responsible for paying a private mortgage loan originator.
Got a Predatory entity trying to take your Home? Try Bankruptcy Court (especially when this is going on in a Non-Judicial Foreclosure State ( as they can move in quickly there) and list just what’s being stolen from you - the house and land ( Your Home) and make them prove in court who made the “Loan” and Who is to be paid Back, And When they are to be paid back, and be sure and request all those funds back you sent them over the years ( Payments ) plus all those funds they collected in your good name, but failed to tell you about as it’s often as much as 900% more than the original principle applied for by deception.
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