III.   Rights

A Mortgage is a complex bundle of rights, encumbrances and transactions involving primarily a lease, lien and loan issued through a Temporary Testamentary Trust known as a Cestui Que (Vie) Trust under Estate Law.

The first component to a Mortgage is a Lease formed through the creation of a Cestui Que (Vie) Trust whereby the higher Estate such as a State, Territory or Nation conveys Title to the financial institution as Landlord and the borrower as Tenant. Leases within a standard Mortgage are usually fixed in term, such as fifteen, twenty years and sometimes for even a longer term. Once the lease expires, the Cestui Que (Vie) Trust dissolves and title returns to the higher Estate. Under modern Estate Law, a borrower of a mortgage is always a tenant, never an owner.

The second component to a Mortgage is a consensual Commercial Lien issued under Estate Law whereby a lien is placed upon a Real Estate Deed and Title under Estate Law and a lender is granted certain Rights to seize Title over the Real Estate Property of the borrower, usually only after Foreclosure is granted.

As all Mortgages now are Commercial Liens issued under the Estate Law of Securitized Estates, it is now the banks and financial institutions that are legally considered the Executors and Administrators with the borrowers always considered tenants, whether the loan is fully paid or not.

The third component to a Mortgage is the loan which has two important elements, the principal representing the actual loan itself and the interest, lawfully representing rent of the tenant to the landlord.

Under Trust law and Estate Law the executives of financial institutions of Executors and Administrators under Estate Law are obliged to perform as duty bound officers of a Testamentary Trust and not materially alter any conditions of the Deed and Title which represents a formal Will. Deliberate fraud in altering a Deed and Will constitutes a most grave injury to the whole of Estate Law of the Roman System and if uncontested and unrepaired is tantamount to the open consent by the most senior Executors and Administrators of the highest Estates that the whole system is now null and void.

The Promissory Note and Application Form signed by a lender as part of a Mortgage is material to the Deed and Will of the Estate. Therefore, by Estate Law, any fraud or deception in materially altering the terms of the Testamentary Trust immediately disqualifies the executive from acting as Executor or Administrator with the financial institution assuming full liability.

Any inferior Roman court that openly permits the unrepaired and open fraud of Trust Law, Estate Law and the law of Wills by refusing to repudiate any financial institution that monetizes or multiplies the sale of a loan without consent or remedy to the borrower openly consents that the whole system of Roman Trust Law, Estate Law and Wills no longer applies and is null and void.

By definition, any Property taxes charged by the higher estate to the tenant are the direct responsibility of the landlord. Where a court seeks to foreclose on a property against the tenant and not the financial institution, constitutes a gross fraud is constituted and if unrepaired is an open consent that Roman Trust Law, Estate Law and Contract Law no longer applies and is null and void.

Equity does not exist in Mortgage as the terms of ownership is always a lease. Any claim therefore of equity is a fraud and misrepresentation of contract by the lender and higher estates.

The sale of a "home" or "property" merely represents an assignment and then novation of lease with most mortgages permitting such conveyance providing the landlord of the higher estate can claim some form of compensation from the sale through taxes.

Providing that a financial institution has not committed fraud against the Deed and Will of the Estate under which a Mortgage is applied against Real Estate, the institution must first seek a granting of Foreclosure before seizing the property. This is because the lender is their tenant under a fixed-term lease.