JDSupra: It isn’t the crime — it is the cover up

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Bryan G. Scott has written an excellent article that should be read in its entirety at http://www.jdsupra.com/legalnews/its-not-the-crime-its-the-cover-up-e-39616/

This article runs to the heart of the mortgage mess, the cover-up and the potential impact on past, present and future foreclosures in the application of statutes of limitation relating to causes of action for violation of the truth in lending act, statutory remedies, and common-law actions in negligence and fraud. Using law from construction defects suits, the author has identified key factors in challenging the defense of the statute of limitations.

Because of the obvious danger posed by dishonest defendants concealing defects to take advantage of the statute of repose, many state legislatures have enacted fraud exceptions to their statutes of repose. The North Carolina statute of repose explicitly excludes “any person who shall have been guilty of fraud, or willful or wanton negligence” in the course of improving real property, and further excludes any person who has “wrongfully concealed” the fraud or willful or wanton negligence. N.C. Gen. Stat. § 1-50(a)(5)(e). Establishing the fraud or willfulness or wantonness necessary to invoke this exception is a high standard and typically requires proving the contractor or developer deliberately covered or concealed defects that it knew or should have known of in conscious disregard of the eventual owner’s rights. Where the defendant’s actions do not rise to this level, the North Carolina statutory exception does not apply.

[EDITOR’S NOTE: We already know that the servicers, investment banks and originators committed various acts of forgery, perjury, fabrication, robo-signing and other things that NO BANK WOULD ACCEPT IF THEY WERE ON THE OTHER SIDE OF THIS ISSUE. They continue to hide the true facts, cover-up and otherwise obscure or wear down beleaguered homeowners. These are facts that lay solely within the care, custody and control of the banks who control the servicers and the trustees. The investors, trustees and borrowers are considered barred from even inquiring into the nonexistent transactions that lay at the base of the chain of fabricated documentation and the only way to get it is through illegal means that cannot be used in court or discovery which the courts won’t allow. In my opinion there are very few TILA violations where the statute of limitations should bar a claim because the basic facts of the loan contract have been withheld and intentionally misrepresented.]

The North Carolina Court of Appeals reaffirmed the application of equitable estoppel to construction defect disputes in its September 2014 decision in Trillium Ridge Condominium Association, Inc. v. Trillium Links & Village, LLC, No. COA14-183, ___ N.C. App. ___ (Sept. 16, 2014) (slip op.).

As explained in Trillium Ridge, equitable estoppel is available in proper cases under North Carolina law to bar a defendant from relying on either a statute of limitations or statute of repose. Equitable estoppel requires “(1) conduct on the part of the party sought to be estopped which amounts to a false representation or concealment of material facts; (2) the intention that such conduct will be acted on by the other party; (3) knowledge, actual or constructive, of the real facts.” White v. Consol. Planning, Inc. 166 N.C. App. 283, 305 (2004), disc. review denied, 359 N.C. 286 (2005). The party asserting the defense must have “(1) a lack of knowledge and the means of knowledge as to the real facts in question; and (2) relied upon the conduct of the party sought to be estopped to his prejudice.” Id. at 807. Furthermore, the plaintiff must have been induced to delay filing its legal action by the defendant’s misrepresentations. Jordan v. Crew, 125 N.C. App. 712, 720, disc. review denied, 346 N.C. 279 (1997).

17 Responses

  1. Depo item C means SUBPOENA THE NOTARY to testify and give a sworn legal deposition regarding why they are also the purported Trustee for the “Trust” they never established.

  2. Fraudulent Concealment (735 ILCS 5/13-215) (from CH. 110, par. 13-215) Sec. 13-215; Fraudulent Concealment, If a person liable to an action fraudulently conceals the cause of such action from the knowledge of the person entitled here to, the action maybe commenced at anytime within 5 years after the person entitled to bring the same
    discover that he or she has such cause of action, not afterwards.

    Exceptions to Economic loss recovery

    Fraud & Misrepresentation in Illinois –
    Under Illinois Law, recovery of
    economic losses in tort is permitted (1.) Where plaintiffs damages are proximately caused by defendants
    intentional false representation, ie., fraud; or (2.) Where plaintiffs damages
    are proximately caused by a negligent representation by a defendant in the business of supplying information for
    the guidance of others in business transactions. Moorman Mtg. v. National Tank Co. 435 N.E. 2d. 435, 452-53 (1982), in re Illinois Bell
    Switching Station Litigation, 641 N.E. 2d. 440 (1994). Note, however, that
    the negligent misrepresentation exception does not apply when the
    information supplied is merely ancillary to the sale of the product or
    service in connection with the sale, as the information provider is not
    deemed to be in the business of providing information. Fox Assocs. v.
    Robert Half Int’ Inc. 777 N.E. 2d. 603,606-7 (Ill. App. 2002).

    National legal custody requirement apply & this be brought by the legal expression – Depo Item C.

    Article 9/5 & 3/9 contain detailed
    provisions for the damage – which is loss, reduction or damage to the cargo
    “goods in acceptance for carriage in accordance to delivery.”

  3. Fraudclosure is a foreign insurrection upon our Constitutional Republic by foreign national “investors” in their own Securities Fraud Mortgage Note and Investment Securities Counterfeiting who are hiding from within posing as everyday U.S. Citizens. However, they are not.

    Fraudclosure is the intended outcome of that foreign insurrection upon our Constitutional Republic.

    These International foreign espionage agent felons will tell you that you have no legal rights because we no longer have a U.S. Bill of Rights/U.S. Constitution.

    Do not believe them.

    They are all investors in their own fraud, sin and avarice. They are all well
    paid actors who are willing participants in this ongoing coverup of the Origination Fraud they all participated in.

    These Globalist investment felons all generously compensate themselves by participating in and aiding and abetting their own individual angles of the Global Human Sex Trafficking and Global Drug trade which includes committing massive Insurance Fraud vis a vis their Secret Society perps who run AIG like Maurice Greenburg.

    They along with their criminal cohorts and minions like Jeffrey Immelt of GE run foreign national black banking operations through the U.S. Treasury Department. The Trust for the American peoples money and Security that George W. Bush “nationalized” in the 2007 $85 billion dollar per month ongoing bailout of his criminal friends over at “AIG.”

    That was done with the full criminal intent to steal everything from We The
    People of these United States by “re-socializing” all of their counterfeit U.S. Bank Notes upon the U.S. Citizenry. We The People were criminalized for the crimes of foreign espionage agents hiding from within our own house.

  4. We The People of these United States are being doused with “Bill Ayres spray” in fraudclosure.

    What I mean by that is quite simply, these Investors in their own International Global Securities Fraud are all foreign nationals who are foreign espionage agents. Many are posing as Americans but are in fact,
    working for various international “spy”
    intelligence agencies aka Global Spy “Counterintelligence Agencies.”
    They
    were secretly “put to work” by various Russian and Chinese and many other foreign spy ring based International Intelligence and Counterintelligence agencies, to invertly overthrow our
    Constitutional Republic from within.

    They were “commissioned” by the foreign exchange market controllers in the “City of London,” to Racketeer Human Beings vis a vis the Investment Banks who the Russian and Chinese Generals control. They set out to violate the Public Trust, by committing International Bank Fraud & Wire Fraud posing as U.S. Citizens working for the U.S. Treasury
    Department. Those “posers” would be the “closing attorneys” who work for the “Title Companies,” who are in fact foreign espionage Agents who work for the Russian mob. What was foemerly known as the “KGB,” now called the Russian FSB. They used the International Banks to fraudulently Issue themselves U.S. Taxpayer money and funnelled their fake Investment Securities through the International Investment Banks. From there, they funnelled mass amounts of
    Counterfeit U.S. Government Securities to launder drug money under the guise of overissuing mass amounts of bogus
    Investments they called “Pledge Agreements.” This was done upfront at the closing table vis a vis the Russian
    Corporate Controlled, U.S. Taxpayer funded, GSE’s. However, Russian Corporate Controlled J.P. MORGAN CHASE’s “Investment Banking Division,” namely Morgan Stanley were the “leader of the pack,” in
    regards to Counterfeiting mass amounts of U.S. Government Bank Notes/checks. They re-cashed those counterfeit Mortgage Notes every tine they overissued another fraudulent investment security. They drew upon those fraudulent U.S. Bank Notes vis a vis their own foreign espionage agents hiding from within the U.S. Treasury Department Who Direct Deposited our life savings secured by
    the titles to our humanity into their own personal coffers.

    These foreign espionage agent “Investors,” did what amounts to massive human trafficking hiding behind their own massive global drug running & drug trafficking black op. This was done to launder all of the “tax-free” drug money by counterfeiting mass amounts of
    U.S. Government paper.

    This was done to hide Global Human Trafficking under the guise of fraudulently
    inducing millions upon millions of fake mortgage contracts. That is
    called _Fraud In Obtaining and the Issuing of U.S. Taxpayer funded
    Credit_.

    You know these investor tyrants are foreign espionage agents doing this. That is quite frankly because they are the wolves dressed in sheep’s clothes who have gotten away with criminalizing their own innocent
    victims for their own crimes against
    they intentionally committed to rob us of everything.

    How does a radical like Bill Ayres and his radical wife, Bernadine Dorhn, become high paid College Professors at 2 Universities the U.S. Taxpayers fund? They openly proclaim they hate
    the U.S. Government, yet they helped fund and community organize their own U.S. Government
    terrorist hate group, the “Weather Underground” who committed heinous radical acts of foreign
    insurrection upon We The People and still are today? Become a foreign national. That is precisely how they get away with all sorts of horrific acts upon all of U.S.

  5. So what exactly is really going on here?

    We The People of these United States are under attack. The reason being is that our U.S. Birth Certificates are being held hostage by a fraudulently induced, third-party investor Government. Who BTW, are investors in their own counterfeit U.S. Government paper. That is International Securities Fraud at the Federal, State, County and Local levels. As well as at an International
    level.

    The crimes of the Top Wall Street Corporate Board of Directors, as well as their minions and cohort “investors” in the industry of Securities Fraud Racketeering, which is Counterfeiting of U.S. Bank Notes and Counterfeiting investments in Secret Satanic Pledge Agreements with the intent to permanently harm another is Racketeering to gain unjust enrichment with Fraudulent
    U.S. Government Securities.

    Those crimes involved massive Bank
    Fraud. These “Investors,” robbed the U.S. Treasury Department, The Trust for the U.S. Taxpayers money, and property, of innumerable amounts of
    money and property by committing International Wire Fraud. They had the U.S. Taxpayers wealth Direct Deposited into their own unregistered and unsecured, privately held, domestic, as well as overseas, ‘Investment Securities Accounts.’ They did that by the unlawful use of our digital signatures which is Fraud
    and
    Forgery.

    These “investors” are part pf an international spy ring who are criminal
    imposters. While posing as us, at the ‘closing table,’ they stole our identities to Fraudulently Issue themselves U.S. Taxpayer funded Credit. They did that by stealing our
    Social Security Numbers.

    The crimes they committed by Counterfeiting and Racketeering
    are in direct violation with so many types of law, that almost all of the convicted criminals who are in prison right now, look like saints.

    By far, the most heinous crime they committed of all is the human trafficking of others.

    That is the part they can’t “give away on 7th Avenue” so to speak. Because it is a “silent partnership,” with an “unkown and unregistered “third-party plaintiff who is quite frankly “dead,” for all intensive and requisite purposes. That means they are unkown, inavailabe and therefore they are not amenable to sevice of process.

    That would have to mean these “process servers” are illegitimate because they are the unresurected
    living dead.

    That is because those secret pledges are all about illegitimate things such as sex and sex and sex and sex and
    sex and sex, and are based on nothing Genuine or Authentic.

    The Plaintiffs “claims in “equity” are based on nothing but highly criminal and felonious smut and smut and smut and smut.

  6. RE Charles Reeds comment about these fraudclosures going to Federal Court. Illinois County Courts are supposed to be following the Federal Rules of Civil Procedure. Therefore, there is no logical explanation for any fraudclosures being granted to any of these criminal imposters.

    I did the research at the Cook County Recorder of Deeds website. I have yet to find one property with a proper legal lien ever recorded.

    That includes Obamas buddy, Tony Rezco’s mortgage. Curiously, the Cook County Recorders office had it up on display on the homepage of their website one evening.

    I went downtown to the Cook County Recorder of Deeds office located in the back corner of Chicago’s City Hall a few years ago. I went there to do some of my own investigating. Mainly, I wanted to do a title search for any
    legally enforceable liens on my properties. That was when Mayor
    Daley was still in office. I was directed to their Attorneys onsite office because I could not get into my land title records all the way back to 1992 when I purchased my house. Well surprise, surprise. I was given an all new PROPERTY INDEX NUMBER (PIN #) in 2000 and I never knew it! However, someone did white out the old PIN # and write in the new one before it even changed on the Warranty Deed to my house which suddenly “disappeared” a few months ago.

    Anyhoo, the Attorney gave me my old PIN # and guess what? The clerk asked me where my husband was? I said he did not want to pay to park, so he is waiting outside. She told me I better call him and tell him to get in here. So I did that. He came to the clerks desk and she told us “your
    house is paid for!” You can live in it, sell it, rent it, or do whatever you want with it. The reason why is because there is a 12 year Statute of Limitations and nobody recorded a legal lien in like 18 years!

    Well surprise! A few months later I got the fraudclosure complaint and I have been defending myself pro se for nearly 5 years now.

    BTW, it was the exact same story with my Business Property.

    So then, what in the hell is really going on here, right?

  7. The video exists. Just Google search the title.

  8. URGENT WARNING AMERICA – LEAKED DOCUMENT – FREQUENCY ATTACK PLAN

  9. In other words, “fuggetabout” the “Rule of Law,” because quite frankly, that means Muslim Extremist inspired Islamic jihad. That phrase is a top secret, bankster Islamic Fundamentalist code name for Saul Alinskyite, satanic based, anti-Christian, luciferian radical jihadists who “community organize,” under the guidelines of their Muslim Extremist
    handbook, Saul Alinsky’s “Rules for
    Radicals.”

    Therefore, only by following the Red Letter of the Law, International/ Federal Law, based upon Roman Canon Law, can justice be served and the Free Enterprise Capital Markets begin to be restored in these United States.

    That will never happen under these so called “Free Market Capitalists,” who control their own fraud secretly and fraudulently vis a vis the State Houses and State Capitals under
    “Black Letter of
    the Law,” which is Marxist/Leninist satanic
    based at its core. It has been revamped into Muslim extremism which is luciferian inspired, satanic-based Global Totalitarianism.

    It is a fraudulently induced, state run, Corporate, Fascist, satanic dictatorship, that is controlled by Globalist investor tyrants who hate everybody. Moreover, they hate anything or anyone good.

  10. It is the Unclean Hands Doctrine on steroids.

    That is merely the “tip of the iceberg” so to speak, in regards to millions of wrongful fraudclosure suits being brought by Fraudulent Concealment of the RPII, under the guise of the words, “This is an attempt to collect a Debt.”

    Which is in reality, a wrongful, illegal and felonious third-party “death suit,” which is an evil Russian/Sicilian/Chinese Vendetta against We The People and the Vatican Bank, by the
    luciferian satanic cult aka “The International Banksters.”

    They are a “Big Evil Club,” who are a
    Global satanic cult of Mortgage/Human Title Leasing/Subservicing/Subletting/SlumLord/
    Broker/Dealers of their own
    Counterfeit Securities.
    Fraud Entitlement Warranty/SubPar Health Insurance Program.”

    They run their own occult based neo-nazi, communist re-socialist fraudulently induced debt fraud collection ‘agency,’ hiding behind their fake Global Retirement Accounts aka
    MERS ….. MORTGAGE EMPLOYEE RETIREMENT SERVICES ….. Their global Attorney Network uses
    numerous fraudulent debt collection practices to “Re-collect innumerable
    U.S. Treasury Debits,” they already wrongfully collected into the Direct
    Deposit Accounts set up by the
    closing Attorney traitors from within.

    These wanton Attorney felons who work for “CHASE,” and the like, are trying to collect “interest money,” as property and people. This is being done vis a vis another fraudulently induced tax under the unlawful
    Healthcare Law Tax.

    It is form of
    “payola” being collected as “debt” to and unknown “dead third-party claimant,” by illegal and wrongful “re-taxation” based on the amount perceived. That contrived amount is taxed by multiplicity, based upon fabricated daily
    percentage rates set by the
    foreign exchange rate hoodlums who
    robbed us.

    The “carry trade, ” is in fact, a global human sex trafficking operation, that is being carried out by wrongful fraudclosure hidden within the Obama Healthcare Scofflaw.

    These “Attorney for Plaintiffs,” are in fact, swapping out the Titles to our free will. They are “swapping out” our U.S. Citizenships, with their comrades. They are stealing our our long form U.S. Birth Certificates, under the guise of fraudclosure.

  11. There are numerous coverups involved in all of this.

    Is it the Fraudulent Concealment of the RPII, the failure to show proof of loss in written form with anything relating to business records, in relation to unregistered firm names (LLC’s, Attorneys fraudulently concealing the true plaintiffs identity, Servicers who have no legal standing to bring forth a FC, let alone offer or approve a loan mod because they are “strangers to the original fraudulently induced Mortgage Servicer Lease Contracts no one ever signed). Or is the Origination Fraud? The fact the banksters don’t have the ABI which is the only legal way to bring a lawsuit in equity in a U.S. court of law, and that “suit,” can only be brought by the Trustee of the non existant Trust Agreement. That means all of “zee Notes,” are Counterfeits and there are no legally enforceable contracts. So that means fraudclosure is not only Securities Fraud on an international scale. These FC suits are Racketeering with fraudulent, counterfeit U.S. Government paper to gain unjust enrichment. By doing so, they are not only committing grand theft larceny, bank fraud, mail fraud, wire fraud, by unlawful use of the digitized signature which is Fraud & Forgery, uttering forged and counterfeit Securities, the “banksters,” who are “investors” in their own “mortgage note” counterfeiting racket are in reality Human Trafficking.

    They are swapping out our property titles to fraudulently foreclose on those fraudulent, unsecuritized, “birth certificate” stocks and bonds the International banksters uses to back their loans they never repaid to the U.S. taxpayers. They compromised our human rights with fake “securitization” to willfully, woefully, wrongully, irelligously, feloniously and wontonly, ignore the U.S. Bill of Rights, the Supreme Law of this Land, by
    multiple pledging the free will of We The People under the guise of
    unsecured, unsigned partial grant
    deeds.

    That is by and large, the definition of the slave trade by human trafficking of human beings. These Fraud
    closure suits are being done under Color of Law. They are written in “pig latin,” so to speak, that is in reality “satanic prose.” These fraudclosures are evil satanic curses invoked by evil luciferian curses. That is how mind control is used to isolate its victims from uncovering the truth. Mainly the who, what, why, where, when, and how in regards to the RPII who are bringing upon We The People, infamous suits in tort without any torts.

    The reason why is the RPII are the traitors from within who are all foreign
    nationals.

    Global Securities Fraud.

  12. Yes. [2] The rule is settled in California that whenever a party who, as actor, seeks to set judicial machinery in motion and obtain some remedy, has violated conscience, good faith or other equitable principle in his prior conduct, then the doors of the court will be shut against him in limine; the court will refuse to interfere on his behalf to acknowledge his right, or to afford him any remedy. (DeGarmo v. Goldman, 19 Cal.2d 755 at 764 [5] et seq. [123 P.2d 1]; Bowman v. Bowman, 125 Cal.App. 602 at 612 [5] [13 P.2d 1049, 14 P.2d 558].)

    From
    http://scocal.stanford.edu/opinion/lynn-v-duckel-29672

    Im may be off on a massive tangent here after a few xmas bevvies, cant help it. ( not an attorney- obviously)

  13. Unclean hands doctrine ?

  14. In my own words – STOP THE bLEEDing or give me a hemostat judge.

  15. And so it may follow that if a lender never loaned any money and were neither the true beneficiary ( under the deed of trust agreement – they may have been the pretend one) yet declares that they are lender, ( and successors and assignes should be able to demonstrate without all the bogus transfers and meet the burden fair and square) yet knowing full well that they are not – the lender, but are in fact something else, concealing this fact not only in court but also when filing illigitimate IRS documents then that is tax fraud and a that is my public duty to raise the issue – this all falls on our massively overly burdened tax shoulders choose how you look at the ” wrongful acts” and i for one am sick of it. 1000,s were taken to jail where they belong in the savings and loan crisis and this criminal escapade far exceeds it by more than 100 times. Not one head has rolled, yet. Its overdue.

  16. You’ve been on fire this holiday season Neil…

  17. We want these in Federal Court for theft as there is treble damage!

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