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you are here: > Canonum De Ius Positivum
> Article 108
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III. Rights |
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| 3.2 Rights Suspension and Corruption | ||
| Article 108-Foreclosure | ||
| Canon 2133 | ||
| A Foreclosure is a formal hearing relating to a standard Mortgage requested by a financial institution or interested party to deprive a tenant of their Right of Redemption, also known as "equity of redemption", declare them "delinquent" and therefore terminate their tenancy without legal recourse, permitting them to be legally evicted. | ||
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| Canon 2134 | ||
| Delinquency is not merely the failure to perform the obligiations specified under a lease, but the failure to provide any form of considered attempt to perform. Therefore, a tenant that continues to perform under severe financial difficulties, even if the amount is grossly under their original obligations, cannot be considered "delinquent" and Foreclosure is unlawful. | ||
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| Canon 2135 | ||
| Foreclosures are equivalent to the court process of Replevin, also known "Claim and Delivery" as part of Repossession of other leased property. Replevin is a formal hearing requested by the Owner (lessor) against the User (lessee) relating to a Form of Goods the Owner seeks permission to seize. Under the laws of most Estates, a Replevin is required before seizure. | ||
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| Canon 2136 | ||
| In accordance with inferior Roman Trust Law, Estate Law and law in general, a Foreclosure hearing and many Replevin hearings are a deliberately fraudulent act conspired between the financial institution, interested party and the courts to deliberately conceal the nature, function and remedy available to the tenant and lessee and encourage delinquency. | ||
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| Canon 2137 | ||
| In the first instance of gross fraud relating to Foreclosures, the borrower, also known as the mortgager is not made aware by the court, nor the financial institution that by a standard mortgage deed and title they are in a fixed term lease with the institution as a landlord. This alone should be grounds for any foreclosure to be dismissed on grounds of concealment and misrepresentation. | ||
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| Canon 2138 | ||
| In the second instance of gross fraud relating to Foreclosures, the borrower is not made aware that as a tenant under a fixed term lease, their obligation is to pay the rent to the landlord representing the interest. If a tenant were to make good part or all of the arrears in rent, then by the ancient laws of tenancy, their fixed term lease cannot be terminated as a "delinquent tenant", even if the principal of the loan remains outstanding. Furthermore, a long term tenant normally has the right to make remedy of any arrears even after dispossession and regain possession of the property. These remedies is what is known as the tenant’s Right of Redemption or Equity of Redemption. | ||
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| Canon 2139 | ||
| In the case of actions of Replevin and Repossession, the lessee is rarely made aware that they do not, nor ever will own the asset, especially in the case of motor vehicles and that as a lessee, their primary obligation is to pay the rent on the asset in the form of the interest. If a lessee were to negotiate the terms of their rent and still pay, then almost all actions of Replevin and Repossession are unlawful. | ||
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| Canon 2140 | ||
| In the third instance of gross fraud relating to Foreclosures, the borrower is not made aware that their property is held in Cestui Que (Vie) Trust, being a Temporary Testamentary Trust and so it is the financial institution that is responsible for all property taxes being rent charged by the landlord being the state or county to the leaseholder being the bank. | ||
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| Canon 2141 | ||
| In the fourth instance of gross fraud relating to Foreclosures, the borrower is not made aware by the financial institution of any material alterations to the deed and title made by the institution, particularly in onselling or reselling the mortgage and recouping their loan. As the material alteration of a deed and will of a Testamentary Trust is a most serious breach of fiduciary duties, this fact alone should be grounds for a Foreclosure hearing to be dismissed and any breach of agreement claims by the institution rendered null and void. | ||
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| Canon 2142 | ||
| Whenever an inferior Roman Court has permitted the complete and deliberate corruption of the most basic tenets of Roman Western Law by permitting Foreclosure hearings to proceed, the courts and law officers through such overwhelming fraud consent and agree by their actions that all forms of Roman Law, Talmudic Law and other inferior law has ceased to exist and is null and void. | ||
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| Canon 2143 | ||
| Any person guilty of participating in the gross fraud and corruption of law through the manner described by Foreclosure consents and agrees they are personally liable to all future penalties and reparations, punishment and consent and agree they are without any lawful authority whatsoever. | ||
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