Wed Oct 6, 2010
Subject: Foreclosure Theft and Fraud will stop in Miguel County
AT LAST, A SHERIFF WHO KNOWS WHAT TO DO
New Mexico Patriots,
Please check this out. There is actually a New Mexican running for
sheriff out there that understands the issues. Check out Mr Giron's
website. We're not crazy. Way to go Rico!!!!!!!!!!!!!!!!!!!!!!!!!!
Long read but worth it.
"I swear on the Altar of Almighty God, I will arrest the presiding
judge on the case and the Special Master assigned to sell the
– Rico S. Giron, Future Sheriff of San Miguel County
Here we go folks…
We just got off the phone with this man and he should be the role
model for every sheriff regarding these issues…
Check it out… I don't know anything about him but I find him a
very viable candidate because what is written below.
Moratorium on Mortgage Foreclosures
The Constitution for the united States of America is the Supreme Law
of the Land, Article VI, paragraph 2. All statutes and laws enacted
by Congress must be in harmony with the Constitution. Any statute or
law enacted by Congress that is in contradiction or disharmony with
the Constitution is null and void from the beginning. It creates
no duties, creates no rights, imposes no obligations or duties upon
any Citizen of the united States of America. It is as if it never
existed. Marbury v. Madison, U.S. Supreme Court decision, 1801.
"…all executive and judicial Officers, both of the United States
and of the several states, shall be bound by Oath or Affirmation,
to support this Constitution", Article VI, paragraph 3. When we
refer to the Preamble of the Constitution we find this statement,
"…do ordain and establish this Constitution for the united
States of America, italics for emphasis only. By slight of
hand, this statement gets converted to, "the Constitution of the
United States". The term "United States" has a specific meaning.
Title 28, USC, section 3002, defines "United States" as a Federal
corporation. So then all executive and judicial officers who take
the oath to the "United States" are working for the corporation
identified as the "United States". They do not take an Oath to
the original Constitution. By trickery and deceit, the government
has converted all executive and judicial officers into corporate
officers working for the corporate United States for the benefit
of the corporation and not for the benefit of "We the People".
That is the current dilemma. We cannot get the corporate officers
to listen to "We the People". Look at what just happened with the
so-called Health Care Bill. Simply rammed down the throats of the
All corporations have one goal, to maximize profits no matter what
the human cost, or the environmental cost.
This oath to the "Corporation" creates quite a legal conundrum. The
minute that "all executive and judicial Officers" take an oath
to this mother lode "Corporation", they have engaged in an act of
treason against the People of the united States of America. However,
it the nature of criminals to protect themselves, and their actions
against prosecution for their crimes. Especially when they are the
ones writing the so-called statutes and laws. To wit, Title 18,
USC, section 2381 defines "Treason" as "levying war against the
United States". So then "Treason" is clearly defined as levying
war against the corporation known as the United States, not as
engaging in act of Treason against the People of the united States
of America. Thus "all executive and judicial Officers" are free
to betray us and engage in all sorts of belligerent and unlawful,
actions against Americans Citizens with total impunity.
Hence, we come to the central point of the mortgage foreclosure
planned fiasco. Within the four walls of the courtroom, the judge is
acting in the capacity of corporate officer interested in protecting
the revenue of the corporation. He is not adjudicating law. He is
simply a revenue officer. A little known fact is that the judge
makes a commission on each and every judgment that goes through
his courtroom. The amount of commission is in dispute, could be
as high as ten percent or more.
Continuing with the mortgage foreclosure fiasco. Courts with real
judges, hard to believe, but there are some judges with a sense
of moral imperative, all over the country have set forth stringent
lawful requirements that a bank or mortgage company must meet before
a foreclosure suit can be initiated and proceed.
First, the lending institution must enter into the court record,
the original "Note" and the original "Mortgage" document as of
the date the Complaint was filed. The problem is that the lending
institution does not have the originals anymore. Immediately after
completing the closing, the lending institution sold the "Note"
and the "Mortgage" to a group of investors and turned over the
original "Note" and "Mortgage" to the investor group. The original
lending institution no longer has any capital at risk. Based on
this requirement, the foreclosure suit cannot go forward. However,
the revenue officer, the so-called judge counts on the abysmal
ignorance of the Citizen losing their home and the judge proceeds
to steal the property.
Second, the lending institution must file an affidavit of ownership,
which clearly identifies the Plaintiff as the "Real Party in
Interest" with all of the attending rights, title and interest in the
"Mortgage". When the lending institution sold the "Note" and the
"Mortgage", they stopped being the "Real Party in Interest". Hence,
the lending institution has no "Standing" to sue on the property.
Third, "Standing" is an absolute pre-requisite to filing a lawsuit.
There are three lawful requirements for "Standing".
Injury in fact-not a hypothetical injury. Causality-that the actions
of the borrower created the injury in fact. Redressability-that
the judgment will make the injured party whole. The revenue
officer, the so-called judge, on the case will not require that his
corporate buddies, the lending institutions, prove standing in the
courtroom. Thus, without "Standing" the lawsuit cannot go forward.
Fourth, in order for a contract to be valid and binding, there must
be "Consideration". "Consideration" means "something of value". The
Citizen borrowing Federal Reserve Notes, brings his real estate,
"something of value", to the table in exchange for paper called
Federal Reserve Notes. So then, one must ask a few basic questions
in regards to this transaction. When the bank loaned the borrower
Federal Reserve Notes, did the bank go the to vault and take Federal
Reserve Notes on deposit and loan those to the borrower?
Ask any banker friend and he will tell you that "No", they do not
loan out their deposits. So then, how are the Federal Reserve Notes
"produced"? The bank goes to their computer and by the use of their
"magical, Hollywood wand", a few keystrokes, produce, out of thin
air, say $100,000.00 Federal Reserve Notes, to loan you. This is
where "Credit" comes from. One second before, these Federal Reserve
Notes did not exist. Now, by magic, the bank has $100,000.00 worth
of Federal Reserve Notes to lend you. So if creating "something of
value" out of thin air is real, then it is easy for me to convince
you that the Easter Bunny lays different colored eggs once a year.
Fifth, I saved the best for last. In the first paragraph of this
article it was established that this Constitution for the united
States of America is the Supreme Law of the Land. Any statute or
law out of harmony with this Constitution is null and void from
the beginning. Any court decision that is out of harmony with this
Constitution, is null and void. The Bill of Rights clarified for
the government, that the rights enumerated therein, are God-given
rights, not rights given to men by other men or governments, and that
these rights are Sacred and untouchable. They cannot be removed or
abrogated by any government or any man or any corporation, under
The Fourth Amendment guarantees the right of the People to be secure
in their persons, houses, papers, and effects, against unreasonable
searches and seizures.
The Fifth Amendment guarantees that a Citizen accused of a crime
cannot be deprived of his three most sacred possessions, life,
liberty and property without a trial by jury.
The Seventh Amendment guarantees the right of trial by jury in
any controversy where the value in controversy shall exceed twenty
dollars. Here is where it gets tricky. A "dollar" is defined as
"a gold or silver coin" of a specific weight. Federal Reserve Notes
are paper created out of thin air with no value whatsoever. Federal
Reserve Notes have been denominated in increments of "dollars",
to make them appear to be dollars, but cannot by law, be dollars.
Federal Reserve Notes have been decreed to be "legal tender"
by the corporation known as the United States. "We the People"
have been tricked into accepting Federal Reserve Notes as "money".
Again, back to the mortgage fiasco. When the revenue officer,
the so-called judge, on the case, does not provide the borrower
being sued, the protection of the Fourth, the Fifth and the Seventh
Amendments, he knows that he is not adjudicating law, but simply
acting as a revenue officer protecting and enhancing the revenue of
the corporate, United States. In fact, he can ignore all requests
by the Defendant for a trial by jury because he knows the Citizen
being sued has no idea of what jurisdiction he is being sued in.
When the revenue officer, the so-called judge, issues a judgment
against the borrower for defaulting on the "Note" and "Mortgage"
without a "Trial by Jury", he knows that he has betrayed the
confidence of the American people, but he is doing the will of his
master, the corporate United States. His betrayal of the American
People is not legally Treason. Treason can only occur if he goes
against his master, the corporate United States. The so-called judge
is simply being a good "Nazi", just following orders. However,
the revenue officer, the so-called judge, also knows that he is
violating the protections of the Fourth, the Fifth, and the Seventh
Amendments afforded to the American Citizen.
In New Mexico even under the military rule of General Kearney
during the 1850s, the right of a trial by jury in all matters
dealing with life, liberty and property remained protected by
military law. Subsequently, during the time that New Mexico was
a territory, for about 60 years, the right of trial by jury was
preserved to all Citizens. When New Mexico became a state in 1912,
in article II, section 12, the right of trial by jury was guaranteed
to remain inviolate as it had heretofore existed. Thus the New
Mexico Constitution deferred to the Supremacy of the pre-existing
condition as stated in the Organic Act establishing the Territory
of New Mexico.
So then, the banks,the judges and the lawyers are the new "Mafia",
extorting and defrauding the American Citizenry for lucre, due
to our abysmal legal ignorance. Fact is, most of us are "legal
idiots". This is by design and with the specific purpose to keep
us enslaved to the "Legal system and its Liaryers." Most liawyers
and judges have sold out their birthright as Americans for "thirty
pieces of silver", or more specifically, for a few hundred worthless,
Federal Reserve Notes.
Judges are no more than ambulance chasing liawyers who put on
a little black dress and love to be called "Your Honor" by their
ass-kissing fans, the liawyers. A prime example of the psychopathic
arrogance that this ambulance chasing group of men engage in, is
the fact that in order to cover up their own crimes, these so-called
judges have given themselves "judicial immunity". Don't believe me,
when is the last time you tried to sue a "judge"?
However, "We the People" live under "this Constitution for the united
States of America" and thus have the protections of the Fourth,
the Fifth, and the Seventh Amendments in all matters dealing with
life, liberty and property.
This is where I will declare a Moratorium on all Mortgage Foreclosure
lawsuits and evictions until the banks and mortgage companies meet
all five stringent lawful requirements as stated above.
No family will be evicted from their home or family homestead, as
a result of a mortgage foreclosure suit, without a trial by jury
or meeting the other four lawful requirements.
When the Citizens of San Miguel County elect me as their next
Sheriff, before any Citizen in San Miguel loses their homestead
unlawfully and unconstitutionally, I swear on the Altar of Almighty
God, I will arrest the presiding judge on the case and the Special
Master assigned to sell the property.
– Rico S. Giron, Future Sheriff of San Miguel County
“Experience hath shown, that even under
the best forms of government those
entrusted with power have, in time, and
by slow operations, perverted it into
— Thomas Jefferson
Tags: Afficavit of Ownership, Consideration, Foreclosure Fraud, General Kearney, Moratorium on Mortgage Foreclosures, Mortgage Fiasco, Mortgage Foreclosure Fiasco, Original Deed of Trust, Original Mortgage Document, Original Promisory Note, Real Party in Interest, Rico S Giron, San Miguel County, www.ricoforsheriff.com