The Elephant in the Living Room — “No Action Arises From Deceit”
Some comments as extracted –
Neil is mostly on point again. [Neil Garfield is an attorney who has enough fortitude, scruples, and conscience to speak the truth (very rare, especially among attorneys) about the enormous fraud which has been being perpetrated against the American people, from at least 1913 and the so-called Federal Reserve Act]
“I think that it is time to talk about the elephant in the living room — that foreclosures are not so much about law — which favors homeowners — than they are about politics, which favors the banks.” …
“The biggest problem for people to wrap their heads around is that there was no loan, as it is defined by law. You can’t argue that point because it makes you sound nuts, but it is true. If we were to use hundreds of years of common law development, as it exists today, the money received by most homeowners was not the result of a loan contract.” …
“The fundamental error committed by the courts is that they are allowing benefits to flow to the banks from an illegal scheme. Ex dolo malo non oritur actio [“no action arises from deceit”]. “from a dishonorable cause an action does not arise”) is a legal doctrine which states that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act.[1] Particularly relevant in the law of contract, tort and trusts,[2] ex turpi causa is also known as the “illegality defence”, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, nevertheless a claimant by reason of his own illegality cannot sue.
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The biggest problem for people to wrap their heads around is that there was no loan, as it is defined by law. You can’t argue that point because it makes you sound nuts, but it is true. If we were to use hundreds of years of common law development, as it exists today, the money received by most homeowners was not the result of a loan contract. In real life, investors were defrauded into thinking their money would be managed by a trust with a trustee that they knew very well. That never happened. SOME of the stolen money ended up on the “Closing table” where the homeowner thought he/she was getting a home loan.
The fundamental error committed by the courts is that they are allowing benefits to flow to the banks from an illegal scheme.
Ex dolo malo non oritur actio [“no action arises from deceit”].