NOTICE OF CONTRACT REVOCATION
& DEBT CANCELLATION
John Allen Doe & Mary Jane
Doe vs. First Bank of Fraud
April 20, 1999
John Allen & Mary Jane Doe
6 Romance Lane
Ponca City, Oklahoma 74601
Sally Shyster (OBA #11333)
Shyster, Slick & Slime
3729 Back Alley
Oklahoma City, Oklahoma 73111
As counsel for and agent of First
Bank of Fraud TR U/A dtd 3/01/97 (Screw Mortgage Co. 1997-1).
RE: Loan Number 12345, relating to
property identified by street address 6 Romance Lane, Ponca City, Oklahoma.
PURPOSE: Contract Revocation &
Debt Cancellation. This Notice shall be construed as the first step in
administrative due process; it formally sets forth an offer in compromise.
AUTHORITY: Statute of Frauds; Regulation
Z; Paperwork Reduction Act; Privacy Act; Home Mortgage Disclosure Act;
secured rights, Constitution of the United States & Constitution of
the State of Oklahoma; all other rights secured by law.
Dear Ms. Shyster:
Since First Bank of Fraud TR, successor
and trustee of Screw Mortgage Co., retained the services of Shyster, Slick
& Slime for a foreclosure action against nonexistent juristic entities,
JOHN ALLEN DOE and MARY JANE DOE, (Case CJ-99-006, District Court of Kay
County), we presume that you and other attorneys listed in your firm serve
as counsel for the bank, so are directing this Notice of Contract Revocation
& Debt Cancellation to you. If this assumption is in error, you may
forward this Notice to First Bank of Fraud officers, and provide us notice
of who it is being forwarded to.
As counsel and agent for First Bank
of Fraud, you are hereby formally given notice that this letter effects
contract revocation and debt cancellation against loan number 12345, including
all promissory notes and other mortgage liabilities.
You or the proper First Bank of Fraud
officer may rebut or correct matters of law and fact set forth herein within
a reasonable period of twenty days from receipt of this Notice. In the
alternative, please provide certified notice that First Bank of Fraud officers
will cancel and return all original documents relating to the Promissory
Note (Loan Number 12345) and Mortgage we executed with Conversion Credit
Corporation of Oklahoma, will remove all liens and other encumbrances filed
in the office of the County Clerk for Kay County and elsewhere, and will
abandon the case cited above.
In the event of noncompliance, we reserve
the right to pursue all lawful remedies, civil and criminal, specifically
reserving the right to secure compensation for treble damages and litigation
expense. In the event of compliance, we will seek no remedy other than
clear title to the property at issue.
Stipulation of Material Facts
Discussion & Conclusion
Our names, respectively, are John Allen
Doe and Mary Jane Doe; we are living beings. We are not JOHN ALLEN DOE
and MARY JANE DOE, and we do not serve as fiduciaries of these nonexistent
juristic entities (see 15 O.S. § 28 for necessity of proper identity
to effect contracts).
We are not, and have never presented ourselves
as officers, employees, or agents of the United States, a political subdivision,
territory or insular possession of the United States, nor an Indian tribe
recognized by the Government of the United States.
Oklahoma is one of the several States
party to the Constitution of the United States where the Constitution of
the United States, and the Constitution of the State of Oklahoma, are construed
as organic acts and constitute the law of the land.
In Article I § 8, the Constitution
of the United States authorizes Congress to (1) mint coin and regulate
its value, and (2) prescribe punishment for counterfeiting securities and
current coin of the United States; and at Article I § 10, prohibits
the several States, Oklahoma included, from (1) emitting bills of credit,
(2) minting coin, and (3) making any thing but gold and silver coin a tender
for payment of debt.
At Article 23 § 8, the Constitution
of the State of Oklahoma stipulates that, "Any provision of a contract,
express or implied, made by any person, by which any of the benefits of
this Constitution is sought to be waived, shall be null and void."
The ledger-entry hypothecated "credit"
transaction originally effected with Conversion Credit Corporation is therefore
null, void, and unenforceable.
At Article 2 § 7, the Constitution
of the State of Oklahoma stipulates that, "No person shall be deprived
of life, liberty, or property, without due process of law," the secured
right being due process in the course of the common law, originally secured
by the Organic Act for Oklahoma Territory and subsequently the State of
Suit initiated by First Bank of Fraud
presumed authority of the Uniform Commercial Code (12 U.S.C. § 1431(e)(2)(C)),
which is an Adopted Act of Oklahoma and other States of the Union, predicated
on the notion that States adopting the UCC are instrumentalities or political
subdivisions of the United States subject to sovereignty of the United
States under territorial clause authority (Art. IV § 3.2, Constitution
of the United States).
The Uniform Commercial Code proceeds in
the course of the civil law, which is repugnant to the course of the common
By filing a so-called civil action against
the juristic entities, JOHN ALLEN DOE and MARY JANE DOE, First Bank of
Fraud attempted to deprive us of constitutionally secured due process in
the course of the common law.
Under Conflict of Law Doctrine, Oklahoma
original acts, including the Constitution of the United States and the
Constitution of the State of Oklahoma, and rights, benefits and protections
secured therein, are always superior to the adopted acts, including the
Uniform Commercial Code (75 O.S. 12).
The succession of lending institutions,
including Conversion Credit Corporation of Oklahoma, Screw Mortgage Co.,
First Bank of Fraud, and any other lending institution involved in succession,
did, and in succession, do, operate under auspices of a Federal grant of
authority, in the capacity of Federal Tax & Loan Depositaries, (31
CFR §§ 202 & 203), and thereby function in the role of "fiscal
agent" of the United States.
As fiscal agent of the United States,
the financial institutions, respectively, traffic in what is described
as "public money", thereby predicating all credit and other financial transactions
on credit of the United States (see definition of "credit" at 15 U.S.C.
§ 1602(e), Consumer Credit Protection Act).
This "public money" is not authorized
as a medium for payment of debt by the Constitution of the United States,
and obviously, the State of Oklahoma is prohibited from enforcing contractual
obligations predicated on such colorable bills of credit effected by mere
Whether demand deposits or savings, deposits
in the said financial institutions may be insured only for officers, employees
and agents of the United States, officers, employees and agents of the
District of Columbia and insular possessions of the United States, and
Indian tribes, as defined at 25 U.S.C. § 1452(c) (see 12 U.S.C. §
As Federal tax and loan depositaries,
the said financial institutions, respectively and collectively, may solicit
and do business with only those people previously listed who are authorized
to receive and use public money (31 CFR §§ 202.1, 202.3 &
Once qualified as Federal tax and loan
depositaries, the financial institutions, respectively, had to apply and
become Federal Home Loan Banks (12 U.S.C. §§ 1421, et seq.),
and in said capacity, operate as fiscal agents of the United States to
extend "credit" of the United States on all home loan transactions, the
said "credit" being hypothecated on credit of the United States. (Obviously,
no private enterprise has power to unilaterally grant authority to defer
payment of debt, or to create debt then defer its payment.)
Authority of the Federal Home Loan Bank
is predicated on the presumption that loans are made in Federal States
subject to sovereignty of the United States under the territorial clause
at Article IV § 3.2 of the Constitution of the United States (see
definition of the term "State" at 12 U.S.C. § 1422(3); also, the definition
of the term "dwelling" in regulations governing the Home Mortgage Disclosure
Act, Regulation C, at 12 CFR § 203.2(d)).
Even though State officials participate
in the Cooperative Federalism fraud via uniform acts and various intergovernmental
compacts and agreements, this colorable authority has no application or
compelling force of law in the face of fundamental law (75 O.S. §
Prior to initiating a civil action to
collect an obligation to the United States, the said fiscal agent of the
United States must secure a determination of liability from the General
Accounting Office as general agent of the Treasury of the United States
(31 U.S.C. § 3702).
First Bank of Fraud has not secured the
required GAO determination of liability (see procedural regulations in
Title 4, Code of Federal Regulations).
As fiscal agent of the United States,
First Bank of Fraud, and its predecessors of interest, are subject to all
applicable Federal statutory and regulatory mandates, including but not
limited to, the Privacy Act (5 U.S.C. § 552(a)), the Federal Register
Act (44 U.S.C. §§ 1501 et seq.), the Consumer Protection Act,
including Regulation Z (12 CFR § 226), the Mortgage Disclosure Act,
including Regulation C, and the Paperwork Reduction Act (5 CFR § 1320).
The Privacy Act requires specific disclosure
on all information-gathering forms, the requirement being notice that any
given form is (1) voluntary, (2) mandatory, or (3) necessary to secure
or retain a benefit.
No information-gathering form provided
by Conversion Credit Corporation of Oklahoma, including the original loan
application form, included the required Privacy Act notice either in instructions
or on its face.
The Paperwork Reduction Act requires each
information-gathering form to display a currently valid OMB number and
give notice that if it does not display a currently valid OMB number then
whomever the form is given to is not required to complete the form.
No form provided by the originating financial
institution, Conversion Credit Corporation of Oklahoma, including the original
credit application, displayed the requisite OMB number and notice. (see
particularly, 12 CFR § 203.1, relative to the Mortgage Disclosure
Act, Regulation C)
Paperwork Reduction Act regulations, specifically
at 5 CFR § 1320.6, prohibit the interested agent or agency from securing
administrative or judicial remedies if and when information-gathering forms
fail to display the required OMB number and notice, and the regulation
can be employed as a complete defense at any time.
It appears that the loan originator, and
First Bank of Fraud as successor, operated under color of authority of
the United States by altering the requisite HUD-1 Settlement Statement
by making unauthorized alterations, specifically by not displaying required
information (24 CFR §§ 3500.9(a) & (c)).
As successor to Conversion Credit Corporation
of Oklahoma and Screw Mortgage Co., First Bank of Fraud has a security
interest in mortgage insurance, not the real property at issue.
We purchased the said mortgage insurance
with escrow deposits and continuing escrow payments.
We were never supplied a copy of the mortgage
Regulation Z preserves the right to effect
rescission in the event of inability to pay even for officers, employees,
and agents of the Government of the United States, et al, who may by law
receive public money for their own use, and who are lawfully vested with
the privilege of using "credit" of the United States for deferred payment
purchases via fiscal agents of the United States such as First Bank of
We were never informed of the right of
rescission secured by Regulation Z.
There is no implementing general application
regulation, as required by the Federal Register Act (44 U.S.C. § 1505(a)),
authorizing filing of contractual liens in the Union of several States
party to the Constitution (12 U.S.C. § 2615; see Parallel Table of
Authorities and Rules, Index volume of the Code of Federal Regulations).
First Bank of Fraud, as successor of the
loan originator, did in fact file a mortgage lien in the office of the
county clerk for Kay County, State of Oklahoma, thereby acting under color
of authority of the United States.
First Bank of Fraud, as successor and
trustee in interest, has operated under color of authority of the United
States, without lawful authority for said solicitation and execution, to
counterfeit a security of the United States.
In the event civil and/or criminal
prosecution is necessary, we reserve the right to expand the list of material
facts and causes above. This notice of contract revocation and debt cancellation
will be construed as a first step in administrative due process (5 U.S.C.
§§ 553 & 554).
This notice incorporates an offer in
compromise: If First Bank of Fraud officers and agents do not rebut or
correct matters set forth in the statement of material facts and causes
within twenty days following receipt of this notice, they may cancel all
original documents, return them to us, remove all encumbrances filed in
the office of the county clerk for Kay County or elsewhere, and abandoned
the foreclosure action filed in the district court for Kay County, State
of Oklahoma. In that event, we will forego all other lawful remedies, both
civil and criminal.
Under penalties of perjury, we respectively
attest that to the best of our current knowledge, understanding and belief,
all matters of fact and law set forth herein are accurate and true, so
help us God.
John Allen Doe
Mary Jane Doe