Monday, March 8, 2010

"THE BANK STOLE OUR MULTI-MILLION DOLLAR MOTEL PROPERTY!!!"

""OURS IS A TRUE STORY THAT WILL STIR THE CONSCIENCE OF THE NATION:

There is no way, however, to portray the horror and mental anguish suffered by the Germano’s since as far back as January 4, 1985, when they helplessly watched bankers and “a succession of lawyers hired to defend their rights,” instead, conspire with the bank to lie, deceive and commit fraud, fraud on the court and all taxpaying Americans who shoulder the cost of such treasonous violations of constitutionally protected due process;

… How, the predatory bankers and lawyers moved OK State court to dismiss their (4 count) retaliatory lawsuit and Temporary Restraining Order of its foreclosure suit and cooperate to pay-off its mortgage by another lender’s commitment (for which we paid $19,500.00). They then finalized the foreclosure judgment and defeated our Appeal and CH II in positions in felony control of our mote’s CH II reorganization proceeding.

Joined by corrupted bankruptcy trustees, the conspirators moved state/federal courts in Oklahoma and Texas to summarily dismiss and strike the Germano’s legal actions- awarded in violation of court rules based on felony falsification of both the facts and legal precedent.
Defrauded of all they worked for since their marriage in 1948 under color of law in a conspiracy of felony fraudulent legal actions, and denial of grievances by the Oklahoma State Bar whose officials colluded with its lawyer members to evade discipline and to continue their criminally violations of due process. And like the John and Rhetta Sweeney and Inslaw cases, the Germano’s have taken on the roll of “whistle blowing” with the United States Congress.

The Germano’s are petitioning congressional representatives for a Congressional Reference resolution, like in the Sweeney and Inslaw cases involving wrongdoing by government agents and their criminal conspiracy and fraudulent use of the legal system, at the core of the Germano’s petition.

The petition is based on the facts as verified by the court records in our care. The Germano’s focus the attention of the Congressional Representatives on the history of the bank and our legal counselors outrageous, indefensible open court conspiracy, fraud on the court, to prevent pay-off of its mortgage, and the Oklahoma Bank and its Louisiana State Law firm’s statements admonishing the Germano’s for squandering tax resources and deceiving the court, “on which statements the U.S. Fifth Circuit Court of Appeals upheld the striking of our lawsuit, “filed pro se and docketed a Civil Right case.

In small part: The bank’s counsel further stated, in part: "Blinded by Ignorance and Obsession, the Germano’s filed suit in the Southern District of Texas in July 1999, asserting the same claims based upon some FAUX conspiracy." "The Germano’s have abused the civil court system for nearly a generation. They have plagued First Bethany, forcing it to defend claims wholly lacking in merit. Unable to respond in damages or monetary sanctions, living on exempt income with relatives in Houston's luxurious Kingwood addition,”“the Germano’s approach the courts with impudence and contempt."

"First Bethany respectfully submits that the District Court order dismissing the Germano’s case (and in the alternative entering summary judgment should be affirmed with sanctions against the appellants).” The order is legally correct and furthers the policy that frivolous Complaints ought not vex either those called to defend or an overtaxed judiciary, or the third party in all Litigation, the Taxpayers whose money the Germano’s have repeatedly squandered."

“Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, _ 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."

CLICK HERE for names/pictures of the lawyers of nine (9) Oklahoma law firms who undertook our cause and violated our constitutionally protected trial by jury and due process over the years of their appearance in our cause.

CLICK HERE for our Affidavit of mind-boggling years-long criminal conspiracy of felony perjured legal pleadings, false sworn affidavits and our legal counselors fraud, corruption with case numbers; of treason against the constitution

CLICK HERE for article defining “Fraud on the Court by Officers of the Court,” and legal precedent ruling that Judgments awarded through such fraud on the court, are not in essence a decision at all, and never becomes final. ""

For Source and Website with Lots More Information Click Below
www.PredatoryBankers.com


posted here by
Crystal L. Cox
Investigative Blogger

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