UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF NEW YORK

• 445 Broadway; Albany, NY. 12207-2936 •

United States Grand Jury1 (Status sovereign2) JURISDICTION: Court of Record3

We the People Federal Case No.______________

- against -

Federal Judiciary4 (Status: clipped sovereignty) MEMORANDUM OF LAW

Respondents NON JUDICIAL FORECLOSURE
5

The purpose of this memorandum is to reveal the fraud upon the People committed by
mortgages companies and municipalities. Said fraud differs little between the two. The
following conspiratorial process is essentially the same in that the home is securitized.

10 THE FRAUD

The Securitization of Mortgages and Tax Foreclosures has become a common and
growing white collar swindle that is illegal primarily because of “Antitrust Law
Violations”, consisting of specific violations such as usury, fraud, conspiracy, forgery
and robo-signing. When victims are robbed because State and Federal Legislators pass
15 unconstitutional legislation and State Constitutional Courts sanction non-judicial
1
The UUSCLGJ is comprised of fifty Grand Jurys each unified amongst the counties within their respective States. All
fifty States have unified nationally as an assembly of Thousands of People in the name of We the People to suppress,
through our Courts of Justice, subverts both foreign and domestic acting under color of law within our governments. States
were unified by re-constituting all 3,133 United States counties.
2
"'Sovereignty' means that the decree of sovereign makes law, and foreign courts cannot condemn influences persuading
sovereign to make the decree." Moscow Fire Ins. Co. of Moscow, Russia v. Bank of New York & Trust Co., 294 N.Y.S.
648, 662, 161 Misc. 903.; The people of this State, as the successors of its former sovereign, are entitled to all the rights
which formerly belonged to the King by his prerogative. Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am. Dec. 89 10C
Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec. 219; Nuls Sec. 167; 48 C Wharves Sec. 3, 7.
3
"A Court of Record is a judicial tribunal having attributes and exercising functions independently of the person of the
magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings
being enrolled for a perpetual memorial". Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc.
Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.
4
Federal Judiciary of the United States is one of the three branches of the federal government of the United States
organized under the United States Constitution and laws of the federal government. Article III of the Constitution requires
the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their
jurisdiction. Article III federal judges are appointed by the President with the consent of the Senate to serve until they
resign, are impeached and convicted, retire, or die.
MEMORANDUM OF LAW NON JUDICIAL FORECLOSURE PAGE 1 OF 7
 foreclosures by looking the other way, thereby giving the appearance of due process,
this constitutes RICO and wars against the Constitution.

Securitization is the financial practice of pooling various types of contractual debt such
as residential mortgages, commercial mortgages, auto loans or credit card debt
20 obligations (or other non-debt assets which generate receivables); and, selling their
related cash flows to third party investors as securities, which may be described as
bonds, pass-through securities or collateralized debt obligations (CDOs). Investors are
repaid from the principal and interest cash flows collected from the underlying debt
which is redistributed through the capital structure of the new financing. Securities
25 backed by mortgage receivables are called mortgage-backed securities (MBS), while
those backed by other types of receivables are asset-backed securities (ABS). It was the
private, competitive mortgage securitization that played an important role in the U.S.
subprime mortgage crisis.

The process is not as complicated as it might seem at first glance and might be difficult
30 to recognize as a crime. But, it should become clear to the local village, town, city and
county courts and the Sheriff once they realize the process these criminal alliances go
through to use the Court and the Sheriff to assist in these illegal seizures of homes
without their realizing that they became instruments of a robbery.

CLARIFICATION: Were these mortgage companies and municipalities able to legally

35 foreclose on the property, they would do so by filing the foreclosure in the State Court
to acquire a judgment; then bring it to the Sheriff for collection. The problem is that
they cannot produce proof of claim and fiduciary authority over the property and
without these two affidavits, they cannot open a lawful court case to provide “due
process” necessary for a lawful seizure of the property “in rem.” So the BAR, banks,
40 municipalities and mortgage cartels devised a plan to bypass “due process” by lobbying
and convincing state legislators, who either consciously conspired, or, because
constitutional principles are unbeknownst to them, ignorantly conspired to write
unconstitutional “non-judicial foreclosure statutes” that proceed “in rem5,” which is a
process to seize properties without due process whereas the party seizing the property
45 has a “sworn proof of claim” and sworn proof of fiduciary authority. Even this can be
challenged and thereby must be heard in a court of law.

5
ACTION IN REM. In the civil and common law. An action for a thing; an action for the recovery of a thing possessed by
another.
MEMORANDUM OF LAW NON JUDICIAL FORECLOSURE PAGE 2 OF 7
 Such practice without these two affidavits moves the presumption of law from
“innocent until proven guilty” to “guilty with no opportunity to defend.” This turns
American Jurisprudence6 on its head by removing any opportunity for the victims to be
50 heard. This Provides absolute control to defraud without consequence by nefarious
mortgage holders and municipalities which there seems to be no shortage of. As well as
de facto courts which allow the non-judicial foreclosure filings without the signature of
a judge which secures by oath that justice was served. The “Law of the Land” a/k/a “the
Supremacy Clause of the Constitution”7 requires judges’ obedience to “Due Process.”

55 Amendment V – No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or deprived of life,
liberty, or property, without due process of law; and Amendment IV - The
right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
60 and no Warrants shall issue, but upon probable cause, supported by Oath
or affirmation, and particularly describing the place to be searched, and
the persons or things to be seized.

Congress can make no law that would provide for a statutory construction which would
negate the unalienable rights of the People; which is what would be required in order to
65 make a State a “Non-Judicial Foreclosure State.” Therefore, no State can establish
“Non-Judicial Foreclosure Laws.” Such Congressional and/or State actions would
negate the following unalienable rights protected by the Constitution and expected to be
enforced by the Sheriff:

(1) The unalienable right protected by the 4th Amendment to be secure in their
70 property,
(2) The unalienable right protected by the 5th Amendment to due process,
(3) The unalienable right protected by the 7th Amendment to trial by jury, and
(4) The unalienable right protected by the 7th Amendment to common law courts.

6
JURISPRUDENCE: The philosophy of law, or the science which treats of the principles of positive law and legal relations;
American Jurisprudence is the written law, constitution and principles every judge must obey.
7
“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and, all treaties made, or
which shall be made, under the authority of the United States, shall be the Supreme Law of the Land; and, the judges in
every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” –
Constitution for the United States of America Article VI
MEMORANDUM OF LAW NON JUDICIAL FORECLOSURE PAGE 3 OF 7
 Rights are unalienable8 and cannot be transferred.9 Any contract that would pass or hand
75 over an unalienable right is null and void. The “Burden of Proof” is on the foreclosing
party. All parties to a Non-Judicial Foreclosure cannot prove their case; nor can they
prove their right to sell someone’s property without progressing to a Final Judgment in a
court of law. Any court that ignores these facts and/or proceeds with a Summary
Judgment becomes complicit to the robbery. This violates the victim’s rights under
80 Color of Law, thereby giving a reason to move the Case for Cause to an Article III
Federal District Court for both criminal and civil remedy.

After establishing unconstitutional statutes, white-collar criminals, acting under Color of

Law, devised the following “ruse” to manipulate our judicial system and our County
Sheriffs so as to create an appearance of lawful acts while illegally seizing the property
85 of their victims:

(1) Give Notice of Default to the victim, “without judicial process”;

(2) Give Notice of Substitution of Trustee, “without judicial process”;
(3) Give Notice of Sale, “without judicial process”;
(4) Commence public auction, “without judicial process”;
90 (5) Use aforesaid documents to transfer title, “without judicial process”;
(6) File fraudulent eviction proceedings acting as “landlord” (using the fraudulent
title) and calling the owner of the property “tenant” who owes back rent in an
unsuspecting village, town or city court, “giving the appearance of judicial
process”; and
95 (7) File the fraudulent judgement with the County Clerk to achieve a fraudulent
Eviction Order for execution by the unsuspecting Sheriff.

We the People find it apparent that most of our Constitutional Officers are ignorant as to
the Law of the Land as defined in the Constitution for the United States of America,
Article VI. Therefore, they are often unable to determine constitutional violations which
100 cause Sheriffs to fall prey to these subverts, in jeopardy of violating their oath and We
the People in jeopardy of losing our property and Liberty to tyrants.

The following chart details the RUSE:

8
UNALIENABLE: Inalienable; incapable of being alienated, that is, sold and transferred. Black’s 4th.
9
TRANSFER: To convey or remove from one place, person, etc., to another; pass or hand over from one to another; specifically to make
over the possession or control of (as, to transfer a title to land); sell or give. Chappell v. State, 216 Ind. 666, 25 N.E. 2d 999, 1001.
MEMORANDUM OF LAW NON JUDICIAL FORECLOSURE PAGE 4 OF 7
 NOTICE OF DEFAULT Failing to file an Affidavit of Default proving adherence to
Due Process constitutes fraud.

TRUSTEE SUBSTITUTION Assuming Fiduciary Authority without filing Federal Form

FEDERAL OFFENSE 56 [Proof of Fiduciary Authority under Oath] within the
Federal District constitutes fraud.

NOTICE OF SALE Acting on a Claim without filing Federal Form 4490 [Proof
FEDERAL OFFENSE of Claim under Oath] within the Federal District constitutes
fraud.

Transferring Title without Due Process constitutes fraud. Any

TITLE TRANSFER court that provides a Summary Judgment enters into a
FEDERAL OFFENSE
conspiracy under Color of Law and escalates the crime to
RICO.

EVICTION Any court granting an Eviction after being fully informed of

FEDERAL OFFENSE the conspiracy to defraud enters into the conspiracy.

DISPOSSESSION Any Sheriff executing a Court Order to Evict after being fully
FEDERAL OFFENSE informed of the conspiracy enters into the conspiracy.

105 STATUTORY CRIMES: Under US laws, Securitized Mortgages are illegal primarily
because they are fraudulent and constitute specific violations, namely:
1) RICO
2) Usury
3) Fraud
110 4) Conspiracy
5) Forgery
6) Robo-signing and
7) Antitrust law violations

The “foreclosure crisis” is a complex, interconnected series of state-sponsored crimes

115 involving the following steps:
1) The mortgage or tax burden is created.
2) The mortgage is sold to an investor.
3) The mortgage or tax burden payments are loaded onto an international PONZI
scheme a/k/a “mortgage securitization.”

MEMORANDUM OF LAW NON JUDICIAL FORECLOSURE PAGE 5 OF 7

120 4) Compliant judges in state and county courts look the other way, or, provide
Summary Proceedings while:
a. Mortgage companies conceal the fact that the notes and assignments were never
delivered to the MBS Trusts [Mortgage-Backed Securities Trusts] while the
mortgage companies disseminate false and misleading statements to the investors
125 and the United States Government.
b. Mortgage companies pursue foreclosure actions using false and fabricated
documents, particularly mortgage assignments. The mortgage companies use Robo-
signing on thousands of documents each week with no review or knowledge of the
contents of the documents; thus, creating forged mortgage assignments with
130 fraudulent titles in order to proceed with foreclosures.
c. Mortgage companies have used these fraudulent mortgage assignments to conceal
over 1,400 MBS Trusts, each with mortgages valued over $1 billion, which are
missing critical documents; namely, mortgage assignments which are required to
have been delivered to the Trusts at the inception of the Trust.
135 d. Without lawfully executed mortgage assignments, the value of the mortgages and
notes held by the Trusts is impaired; effective assignments are necessary for the
Trust to foreclose on its assets in the event of mortgage defaults; and the Trusts do
not hold good title to the loans and mortgages that investors have been told are
secured notes.
140 e. Mortgage assignments are prepared with forged signatures of individuals signing as
grantors; and forged signatures of individuals signing as witnesses and Notaries.
f. Mortgage assignments are prepared with forged signatures of individuals signing as
corporate officers for banks and mortgage companies that have never employed said
individuals and corporate officers.
145 g. Mortgage assignments are prepared and signed by individuals as corporate officers
of mortgage companies that have been dissolved by bankruptcy years prior to the
assignment.
h. Mortgage assignments are prepared with purported effective dates unrelated to the
date of any actual or attempted transfer; and, in the case of Trusts, with purported
150 effective dates years after the closing date of the Trusts.
i. Mortgage assignments are prepared on behalf of grantors who had never themselves
acquired ownership of the mortgages and notes by a valid transfer; and, such
mortgage assignments include numerous ones where the grantor was identified as
“Bogus Assignee for Intervening Assignments”.
155 j. Mortgage assignments are notarized by Notaries who never witness the signatures
they notarize.

MEMORANDUM OF LAW NON JUDICIAL FORECLOSURE PAGE 6 OF 7

 k. The MBS Trusts, and their trustees, depositors and servicing companies, further
misrepresent to the public the assets of the Trusts; and, issue false statements in their
Prospectuses and Certifications of Compliance.
160 l. Securitization violates usury laws in that the resulting effective interest rate typically
exceeds legally-allowable rates set by State Usury Laws.
m. All “True-Sale”, “Disguised-Loan” and “Assignment” securitizations are
essentially tax-evasion schemes. In the United States, the applicable tax-evasion
statute is the United States Internal Revenue Code, Section7201 which reads as
165 follows: “Any person [corporation] who willfully attempts in any manner to evade or
defeat any tax imposed by this title, or the payment thereof, shall, in addition to
other penalties provided by law, be guilty of a felony; and, upon conviction thereof,
shall be fined not more than $500,000; or, imprisoned not more than 5 years; or,
both; together with the costs of prosecution.”
170 n. Securitization undermines the United States Federal Bankruptcy Policy because it is
used in lieu of secured financing as a means of avoiding certain Bankruptcy Law
Restrictions. The origins of securitization in the United States can be traced directly
to efforts by banks and financial institutions to avoid Bankruptcy Law Restrictions.
o. Securitization constitutes a violation of Federal RICO Section 1341: Mail Fraud,
175 Section 1343: Wire Fraud, Section 1344: Financial Institution Fraud, Section 1957:
Engaging in Monetary Transactions in Property Derived from Specified Unlawful
Activity, and Section 1952: Racketeering.

IN CONCLUSION: The Securitization of Mortgages and Tax Foreclosures is a growing

white collar swindle that is illegal primarily because of “Antitrust Law Violations”,
180 consisting of specific violations such as usury, fraud, conspiracy, forgery and robo-
signing and violates our 4th Amendment right to be secure in our property, 5th
Amendment right to due process, 7th Amendment right to trial by jury, and our 7th
Amendment right to natural law courts.

185 SEAL Dated [not filed yet]

________________________________________
Grand Jury Foreman

190

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