Law is Contract = Contract is Law

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To understand the power of words and what is going on in court, one must first understand that all civil and criminal courts today are contract courts, and are effectively or dealing with contracts – or lack thereof in most cases. In actuality, due to fictitious language conveyances they are using on people, with words that are not clearly defined within the documents being presented, there is no contract. There is only offer and acceptance be default in most cases. So be careful what you consent to.  Rarely is the a contract and therefore rarely is the authority/ jurisdiction proven…until you accept the defective offer.

PARTS OF A LAWFUL CONTRACT

1. Parties competent to contract
The parties to a contract should be competent, being of the age of consent, of sound mind, not disqualified from contracting by any law to which he or she is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness, or dissimilarity of kind. The parties should be of the same kind, being either legal fiction actors, or living men/women, allowing more than two parties but never a mixture of these kinds and their respective jurisdictions.

2. Free and genuine consent
The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or legally/lawfully enforceable.

3. Full disclosure
When negotiating a contract, full disclosure is the step of providing all material information, or telling the “whole truth”, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. If either party fails to make full disclosure, the contract is null and void.

4. Valuable consideration
The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have valuable consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement.

5. Certainty of terms
The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed. Any subsequent variation of terms must be agreed.

6. Meeting of the minds
meeting of the minds “consensus ad idem”, occurs between the parties when they recognize each other, understand their mutual obligations, and agree. A meeting of the minds occurs between living men/women in lawful matters (Common Law jurisdiction), and between legal fiction actors in legal matters (Admiralty Maritime jurisdiction). A contract must be either Lawful or Legal. If one party to a contract makes a “signature” as an “accommodation party” to a legal fiction person, while the other party makes an “autograph” for a living man or woman, the parties are of unequal kinds, and the contract is null and void (No contract).

7. Autographs or Signatures
Lawful written contracts between living men/women must carry the wet ink autographs of the parties, comprising living identification such as a thumbprint, but more often living standing is recognized by an unambiguous declaration with the handwritten wet ink autograph, including the prefix “By:”, and/or the words “All Rights Reserved” , “Without Prejudice” written below. Legal written contracts between legal fiction actors must carry the wet ink signatures of the parties, as an accommodation from a man/woman.

8. Privity of contract
A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties.

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robert: carr
robert: carr
5 years ago

Is not the conversion of the PN to a security note/investment contract, undisclosed a violation of the ‘change in terms’?

When the conversion of the PN (typically 9 mos or less) to a security investment (typically 360 months) contract occurs (in most cases the home/property) and becomes an investment that is ‘deposited with the county depository’. Then, by operation of law the municipal corporations ‘acting’ as local government, are authorized to tax the investment property with property taxes….

None of this ‘backroom dealing’ is ever disclosed.

Also, as an investor in a security investment contract, the securities are hidden and put beyond the reach of the said ‘investor’.

The makor/signor of the promissory note is the source of the credit that funds the transaction.
The ‘mortgage note’ is the collateral backing for a second (2nd) “loan” to fund the security investment.

How on earth can so many foreclosures take place with all this credit as the funding source for these security investments?

It is garden variety theft by deception.

The entirety of ‘this system’ is fraud: through misrepresentation, semantic deceit and non-disclosure…

robert: Family: Carr
on
Pennsylvania