-Caveat Lector- This forum may not be aware of the Law Research and Registry program started by Dan Meador from Oklahoma. He and MANY others are working to document the INs & OUTs of the government regulations which string us up. The primary focus is on MONEY schemes. Howard ________________________________________________ DanMeador wrote: It seems that it has been a long time coming, but the table of authorities relating to banking and credit United States Code sections I put together in June is now posted on the temporary Law Research & Registry web site: http://www.kskc.net/public/tmccrory/b&cindex.htm The table of authorities was in the neighborhood of 250 pages in Word for Mac format so I'm certain it is longer in HTML. Tim said there are a few errors, so read material carefully. We haven't had time to go back over it for correction details. Constructive criticism, corrections, and suggested additions are welcome. The table of authorities is not constructed as a memorandum. It provides a sequential listing of key United States Code sections relating to banking and credit. In some cases, complete Code sections are reproduced, but for the most part, Code sections are listed with catchline identities, then implementing regulations are listed. There are a few comments intended to demonstrate the relevance of given sections to other sections and/or necessary process. The table includes sections from 10 U.S.C. titles. The table is intended as a resource tool, it doesn't qualify as literature. "Credit" is probably as big an issue as tax -- millions of people are losing their shorts to banks and other financial institutions, and the situation will worsen as the economy begins necessary constriction. The table of banking & credit U.S.C. sections is designed to provide the basis of defense against foreclosure and to assist with general repudiation of debt. Presently it addresses consumer and home mortgage "credit", it does not address commercial and farm credit. Those categories will be added as time permits. In order to appreciate the table, it is necessary to have an overview and some particularized understanding. The most conspicuous place to begin is to ask, "What is credit?" In the Consumer Protection Act (15 U.S.C. 1602), "credit" is defined as the grant of authority to defer payment of debt or to create debt then defer its payment. What does the definition tell us? Some one or some thing with "plenary" or near-absolute power is extending a particular benefit. What is the benefit? Authority to defer payment of debt. Does private enterprise have such power? No, it is a government function. Via Federally chartered or otherwise qualified financial institutions, Uncle Sugar extends this "privilege" to those qualified to enjoy the privilege. Who is qualified? The same people subject to the "normal tax" most people know as income tax -- officers and employees of the United States and political subdivisions of the United States, and officers of corporations where the United States has a proprietary interest. The "credit" scheme is inextricably linked to the "public money" scheme. Only those named above are by law entitled to receive and use public money, and these are the only people to whom credit "hypothecated" on "credit of the United States" (Uncle Sugar underwrites the whole scam) can lawfully be extended. The "United States" is at all times principal of interest. National banking associations, credit unions, savings and loan associations, etc., are created as associations. They are not open enterprises as a retail merchant is. Only people who meet specific criteria are eligible to become "association" members. The key seems to be the Social Security number. If whoever applies for checking, savings, and other accounts has a Social Security number, he or she is presumed to be qualified to be a member by virtue of having a Social Security number. Under its original charter, the financial institution does not have a lending capacity. It must first qualify as a Federal Tax & Loan Depositary and a Treasury Tax & Loan Depositary, then it applies to become some kind of lending institution. As a Federal Tax & Loan Depositary and Treasury Depositary, the institution serves as "fiscal agent" of the United States, then in its various lending capacities, it becomes a mixed-ownership or hybrid government corporation. It may originate and service debt, but it is not principal of interest, and does not have a private right of action for collection of delinquent and defaulted debt. At the minimum, (1) there must be a determination of liability from the General Accounting Office, (2) the Attorney General, as Solicitor of the Treasury, must initiate or authorize litigation for collection of debt, and (3) courts of the United States have exclusive jurisdiction. Process is prescribed in Chapter 176 of Title 28 U.S.C. We are presently going back into two or three old judgments via state courts where the financial institution has served as principal in foreclosures, consumer credit suits, etc. The basis is "subject matter jurisdiction." Subject matter jurisdiction can be challenged at any time. A judgment by a court that does not have subject matter jurisdiction is void. The basis is this: Under Article III, Sec. 2 of the Constitution, the United States has exclusive jurisdiction over cases and controversies "arising under" the Constitution and laws of the United States, etc., and Congress has specified by statute that courts of the United States have exclusive jurisdiction for debt owing the United States. Needless to say, we have some unhappy campers, particularly lawyers, and we also have some state judges who don't seem to be having a good time. The task is akin to putting shoes on mountain gorillas. It will be necessary to scroll through the table in order to get a feel for how sections from the various U.S.C. titles work together. We'll do more in the way of a comprehensive memorandum as time permits. Dan Meador DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! 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