Beruflich Dokumente
Kultur Dokumente
FACTS &“A”
CONCLUSIONS
CONCERNING NOTE and LOAN
5. Alleged loan already received. The Undersigned observes that, with the
language, “…in return for a loan that I have received…”, the above-described
NOTE unequivocally asserts that the Undersigned had already received the
alleged “loan” as of the date the NOTE was signed.
6. NOTE is not a loan. The Undersigned concludes that since the above-
described NOTE asserts that the referenced loan had occurred before the
NOTE was signed, the above-described NOTE cannot possibly be the loan. As
per the language in the NOTE, the NOTE and the alleged loan are two
distinctly different items.
7. No loan received. The Undersigned observes that the Undersigned was not
the recipient of any loan proceeds or loan disbursement in any form and, in
spite of an intense search of all pertinent records, the Undersigned was able
to find no loan disbursement instructions or loan disbursement confirmation
or receipt of said loan in any form whatsoever. In light of the lack of evidence
that a loan was received, the Undersigned observes that, in spite of the fact
that the NOTE asserts that the Undersigned had already received a loan as of
the date the above-described NOTE was signed, the Undersigned had not, in
fact, received said loan.
8. NOTE not evidence of a loan. The Undersigned concludes that since the
above-described NOTE states that the referenced loan was an event that
allegedly had already occurred at some unspecified date in the past, prior to
the date the above-described NOTE was signed, the above-described NOTE
cannot be relied upon as evidence that “a loan” was, in fact, received,
especially since the above-described NOTE merely asserts that a loan “was
received” by the Undersigned, but provides no evidence that a loan
disbursement ever occurred.
b. Said loan had not yet been provided to the Undersigned by the time
the NOTE was signed,
c. The above-described NOTE is the said loan and said loan commenced
on the date the NOTE was signed, and
d. The NOTE would not be used for any purpose other than executing and
commemorating a loan agreement.
a. A loan had notbeen provided to the Undersigned and had not been
received by the Undersigned as of the date the NOTE was signed,
b. The author of the NOTE falsely and deceptively stated that the
Undersigned had received a loan when, in fact, no loan had been
received by the Undersigned,
c. The only thing that commenced on the date the NOTE was signed was
the execution of the NOTE wherein a promise of a payment was made,
Consequently, it appears that (1) the note has been satisfied in full by
third-party payment, (2) no assignment or sale of the actual
instruments occurred on record, nor was the same disclosed, and (3)
the transfer of certain rights prior to, or contemporaneous with the
alleged “closing” of this “loan” transaction, negated any interest in the
transaction by the “lender” and thus voided any authority of the lender
to enter into any agreement with a Trustee, who therefore holds title
solely in constructive trust for the Undersigned.
11.No loan, no obligation. Notwithstanding the fact that the Undersigned has
made a due and diligent search for documentary evidence that a loan was
provided to the Undersigned, the Undersigned finds that no such evidence
exists and never did.There is no loan and there never was any actual loan. A
signed NOTE was presented, the entire obligation of which was almost
immediately satisfied by an unidentified third party, and for which no
notification or disclosures were made to the Undersigned. This process clearly
involved several instances of fraud. Since there is no actual loan, and since
the obligation referred to in the NOTE was completely satisfied, there was no,
and there is no, ongoing financial obligation. The Undersigned has, therefore,
been defrauded out of thousands of dollars since the NOTE was signed and
satisfied shortly thereafter.
_________________________________________
Signature
STATE OF _____________________
COUNTY OF ______________________
____________________________________________
NOTARY PUBLIC