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Manual on Commercial Law 1958
Trust. Black's Law Dictionary: 2nd Edition. Definition: 1. An equitable or beneficial right or title to land or other property, held for the beneficiary by another person, In whom resides the legal title or ownership, recognized and enforced by courts of chancery.'
So, this is how I see it:
The bank makes you sign two documents.
1) the promissory note that they buy from you.
2) a contract agreement that makes you liable for the mortgage payments (and they hold the house as collateral).
They trade or sell your promissory note and likely generate profit from it.
They collect payments (interest mostly) from you for the mortgage, which is a fake loan because they never gave you any money to begin with.
So how does the seller's bank get the money to put into the seller's account?
Maybe your bank sells your promissory note to the seller's bank and the seller's bank sells your promissory note to put the money from that sale into the seller's account?
In which case, your promissory note paid for the house. So why are you being forced to keep making payments (to avoid losing your house in a forclosure)? And, if they take your house, should they not return to you your promissory note? Is it fair that they keep the note and take your house? I bet if people focused their battle on forcing the banks to return the promissory note, the banks would walk away from the foreclosure.
Why? Because a person should be able to win against a bank in foreclosure in the private in a court of equity as the grantor of the note and by expressing the trust with the note as the res (although probably not in a public court room as the debtor of the mortgage - them having conveniently "forgotten" all about the promissory note) because the bank has dirty hands. That is, for unfair practices, false, misleading or deceptive representation and fraud for failure to provide full and honest disclosure of the true nature of what really happened.
It is obviously fraud because they withheld from you critical information (they didn't tell you your promissory note paid for the house - if it is true that it did). And, they can't take the house and keep the note. They can't have both.
It looks to me like they tried to scrub this document from the internet. I found references to it, but can't find the actual document on the UN archives. Anyway, I finally found this version of the 1930 Geneva document.
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