Hello to our ever growing readers. We exceeded 20,000 viewers in the month of September 2008. The traffic just keeps increasing as a record number of Australian families are faced with the fallout from the banks doing Insurance jobs on family homes.

Today’s post is a real life story of a company called FirstMac (http://www.firstmac.com.au). Don’t let the happy smiles from Russell fool you. This lender is not only careless, but they are down and out stupid! They have a slogan on their web site that says “We’re Big, Safe and Friendly”.

At or around April 2004, FirstMac valued our home at $690,000.00. At or around November, 2006, we notified FirstMac that due to family health problems, that we would not be able to meet our loan payments any longer. We asked if we could jointly sell this home to avoid any financial loss. Ironically, FirstMac said that they would need to let the loan go into arrears and then take vacant possession of the home.

At or around April 2007, FirstMac took possession of the property, under the assumption that they had a Judgment and Writ of Possession to take the property. At no stage were we ever given any information or the written reasons for the Judgement.

At or around October 2007, the property was sold by Sellect First National Real Estate Kellyville. The property was sold privately via private offers from the purchaser, after the property was passed in at Auction a few weeks prior.

While comparable sales recorded in RP Data showed sales prices between $540,000 and $600,000 for properties of similar quality and features (the market had dropped already), there was nothing comparable in the final sale price. The property eventually sold for $452,000.

After all the compounding interest, fees, costs and charges, the shortfall loss was $177,333.24! Outstanding isn’t it? NOT! Folks, this is a debt on something that is no longer owned. This is going on everyday around our lucky country and the lenders are legally allowed to do this!

So instead of allowing the home to be sold instantly with FirstMac cooperating, and allowing the Mortgage Insurance company (Genworth Financial Mortgage Insurance Pty Ltd) to agree to a possible $10,000 to $30,000 short sale, FirstMac took the option of allowing the arrears to reach unacceptable levels. Why would they? They were after all 100% insuranced by this Mortgage Insurer!

What this allowed FirstMac to do, once they received vacant possession, was to make as many improvements to the property as they saw fit, like repainting the outside of the home. FirstMac knew that all the compounding interest, property improvements, legal costs and real estate agent commissions would be recouped once they did their Insurance Job with Genworth.

Have you ever heard of the term Duty of Care? Most lenders are meant to exercise Duty of Care when they make any financial decisions that will effect the financial well being of their clients. Not FirstMac or any of them for that matter!

So a logical question that all Australian families have to the small number of Lenders Mortgage Insurers (including Genworth Financial Mortgage Insurance Pty Ltd), is why do you allow this obvious fraud to take place? Its not like you are ever going to get paid by these families, because the debts are so sizable that it forces most families into Bankruptcy. So why do you allow this to happen? Why do you pay these lenders in full when they have purposefully fire saled these properties?

So, fast forward 12 Months later. Its September 2008. We receive a phone call from Genworth Financial Mortgage Insurance Pty Ltd. The caller said she was calling up about the outstanding debt of $177,333.24. We say, why has it taken you so long to call up about this? She said we normally like to wait at least 12 months to let your emotions calm down. She then said can you imagine how upset you would be if we called you six weeks after the home was sold? When she was asked if this call was being recorded, she said no, we don’t record our calls. Its a pity, because the call would have shown how they disregard the possible fragile nature of the situation, as she proceeded the threaten us with further action.

The reality of these real situations around our country is that many people who have experienced large financial losses are in a very emotional and fragile state. Nothing would suprise us if this “lady” from Genworth Financial Mortgage Insurance Pty Ltd has used the same tact with many of her calls for collecting outrageous debts racked up by the banks they insured. We hope Genworth remember that it only takes a call like this to a person who is in a fragile state, for them to kill themselves. Well done Genworth and the banks you insure!

2 October 2008, we receive a letter (dated 24 September 2008) in the mail from a company called Impact Financial Services (www.ifs.com.au), as follows:

Dear Sir / Madam,

FINAL NOTICE

Debt Owed to: GENWORTH FINANCIAL MORTGAGE INSURANCE PTY LTD
Client Reference Number: (NXXXX) - Removed
Outstanding Balance: $177333.24

Your account has been referred to Impact Financial Services (Aust) Pty Ltd for collection by GENWORTH FINANCIAL MORTGAGE INSURANCE PTY LTD as it has not been paid on time. As we are not aware of your reasons for failing to pay this debt we encourage you to:

1. Contact us directly on 02 43 043800 to discuss the payment options available to you, or
2. Email us at operations@impactfs.com.au. Or
3. Send payment to us at PO Box 286, Bexley NSW 2207

However, if you do not contact us or make payment within seven (7) days from the date of this letter, we reserve our right to immediately commence the following collection process to recover the monies owed by you to GENWORTH FINANCIAL MORTGAGE INSURANCE PTY LTD:

• Direct our Field Services Agent to personally contact you at your address and demand payment
• Instruct our Solicitor to issue a Statement of Liquidated Claim at your cost
• Instruct our Solicitor to obtain Judgment at your cost
• Instruct our Solicitor to commence Enforement Action at your cost

It is not too late to stop our collection process. However, you must contact us or make payment within 7 days from the date of this letter.

Yours sincerely,
Scanned Signature
Operations Manager

As we physically received the letter on day 8 of their time frame, we can only assume we are too late. However, we did respond with the following today:

From: Dallas & Kerrie Kelso [mailto:justice@takebackyourhome.com.au]
Sent: Thursday, 2 October 2008 9:56 PM
To: ‘operations@impactfs.com.au’
Subject: Client Reference Number: NXXXX (Removed)
Importance: High

To Whom It May Concern:

We refer to your letter dated 24 September 2008.

Your client states that Kerrie Anne Kelso owes an outstanding balance $177333.24. We have never received a detailed statement showing how this debt has been arrived at by your client. We request a detailed account of any claims made by any lenders connected to this debt, who have made a claim to your clients company. This statement should include all costs, real estate agents commissions, home improvements and any accruing interest.

Please provide all correspondence in writing via email to this email address and make sure that ALL contact names from your organisation are included in your reply, and ALL contact names from Genworth Financial Mortgage Insurance Pty Ltd that have instructed you in this matter, are included.

Sincerely,
Dallas & Kerrie Kelso
http://TakeBackYourHome.com.au

Followed shortly by:

From: Dallas & Kerrie Kelso [mailto:justice@takebackyourhome.com.au]
Sent: Thursday, 2 October 2008 10:00 PM
To: ‘operations@impactfs.com.au’
Subject: Client Reference Number: NXXXX (Removed)
Importance: High

To The Person who hides behind the title of Operations Manager,

We refer to your letter dated 24 September 2008, which we received today.

YOU HAVE BEEN PUT ON NOTICE!!!

From possibly as early as 1919 every Australian Federal & State Politician, Judge, Magistrate, Defence Force Personnel, Federal & State Police Officer, Sheriff, Local Mayor, etc., in other words the people in Authority, have ALL, either knowingly or not, committed an ‘Act of Treason’ against the Australian People, by swearing allegiance and subscribing to an oath to serve Elizabeth II, Queen of the United Kingdom of Great Britain & Northern Ireland and therefore the government of a Power foreign to Australia

By all accounts Australia was recognised worldwide as an Independent Sovereign Nation after WWI, when we were invited to join as a founding member, the League of Nations in 1919. Only fully self-governing nations could be members of the League of Nations: see http://foundingdocs.gov.au/item.asp?sdID=94

After WWII we were once again recognised worldwide as an Independent Sovereign Nation when we were asked to join the United Nations in 1945, which we did on the provision that we, like all other member nations, would adhere to the UN Charter and abide by the International Law set in place.

Since 1919 the two Monarchies of the United Kingdoms have allegedly appointed a Governor-General, who have in turn sworn into office, the Federal Government of Australia. This Federal Government then had the rights and privileges to administer the laws and run the ‘Commonwealth of Australia’.

However, these Monarchs have had NO legal basis to do so! Elizabeth II has NEVER been crowned the “Queen of Australia” and has NO legal authority within Australia! British Law clearly cites the preclusion of the U.K. monarch from any political intervention in a foreign land!!! (Under International Law it is also forbidden for a Member Nation State of the United Nations, to apply their legislation, within another Member Nation State).

If the Queen then has no legal power to appoint the Governor-General, this position is totally invalid. This would also mean a Federal Government legally cannot be sworn into office, so the Australian Parliament is not a valid organ representing the Sovereignty of the Commonwealth of Australia and cannot pass any laws which can have valid application within Australia, or anywhere else for that matter. The only law that can have valid application in Australia is international law, and possibly the common law of Australia.

Do you not think it strange or curious that Kevin Rudd – unlike previous Australian Prime Ministers - changed the official wording of the ‘Oath of Office’ to “I, Kevin Michael Rudd, do swear that I will well and truly serve the Commonwealth of Australia, her land and her people in the office of Prime Minister” and excluded the swearing of allegiance to Queen Elizabeth II by not also stating “I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second”? See: http://www.smh.com.au/news/opinion/majesty-missing-and-so-was-the-medias-focus/2007/12/07/1196813020145.html

Does he think that by doing this, it will absolve him of his involvement in treason against the Australian people?

You may then start to understand how the appointment of our Australian Governments, the various government departments and our Australian Constitution are and have been for decades – fraudulent, illegal and invalid.
Have your ever broken a traffic law and been stopped by the police? Did you notice the British Crown on the car, uniform, warrant card or the infringement notice? They have sworn an oath of allegiance to “Queen Elizabeth II”. Now let us say we elect to contest their complaint in a court - We are then served with a summons and commanded to appear, in the name of Her Majesty.

We then appear in a court which proudly displays the British coat of arms. The Magistrates Act 1991 prescribes the oath which the Magistrate must take (Magistrates Act Regulations 1993 – Form of Oath or Affirmation) and the prosecutor plus the complainant (Police) both have sworn similar oaths to that of the Magistrate. They will then proceed to impose British law upon you.

Now hold it for a minute - are you not a citizen of an independent sovereign nation? A member state of the U.N.?

The whole Judicial System in Australia is not only fraudulent but also invalid!!! Most Judges (especially those in the High, Federal and State Supreme Courts) are aware of this invalidity and know that their own appointments are totally unlawful. However, these same Judges have continued to preside and rule against hundreds of people, even when the invalidity of these Judges, were actually questioned and challenged in documents filed in their own courts and who were aware of this when making their rulings! Innocent people have been ordered to pay fines, had property re-possessed, been forced into bankruptcy or imprisoned by dishonest Judges who are more interested in protecting their own livelihoods, positions, power and the status quo.

The Australian Taxation Office (ATO) is also an organization with NO lawful authority. Yet people once again have had their lives ruined to the point of suicide for being unable to pay their supposed taxes.

For any person reading this paper, who participates in perpetrating this fraud against any Australian citizen after being made aware of these facts, will be in breach of a Human Rights violation and in due course will be charged in  ‘The International Court’ for Human Rights abuse.

By way of a parallel situation, the report of the International Criminal Tribunal (Yugoslavia) reveals that, this Tribunal considered human rights abuses as more serious than war crimes and placed ‘economic deprivation’ at the upper end of the penalty scale. Any person directly involved in an illegal act of economic deprivation (for which the United Nation’s penalty scale is from five (5) to twenty-five (25) years). You should now take the time to consider your position, as you have been given notice and as an individual with access to the Internet, telephone and postal service if you continue to act in any manner against an Australian citizen, you will be denied any defence as to your lack of knowledge of the facts outlined herein.

Please remember that, in matters involving human rights, individuals are considered to be solely responsible for their actions and the “I was only doing my job”, Nuremberg defences of ‘acting on advice’, ‘acting under direction’, ‘acting under orders’ or any justification which involves a ‘superior authority’ (such as an unsafe court decision) does not present as an acceptable defence.

In addition, you should note that an International Criminal Tribunal can authorise any reparations that it deems fit. Accordingly, individual offenders may be subject to ‘open ended’ liability. Moreover, advice received from counsels in the United Kingdom is that the compensation that will be awarded will be in the nature of “extraordinary punitive” damages AGAINST ANY OFFENDER!!! You have been warned!!!

As they say, don’t shoot the messenger - these are legal facts and not legal opinion!

For your peace of mind, we would recommend that YOU do your own personal research into these matters, as there will be NO excuse when you are hauled in front of an International Criminal Tribunal!!

WEBSITE REFERENCES:

www.basicfraud.com

Should you wish to have this matter heard in Court, we will happily meet you there. In fact, we insist this matter be heard in the Supreme Court and look forward to the event. Should you wish to discuss this matter any further, we request that you put ALL correspondence in writing via email. No phone contact will be entered into under any circumstances.

We also request that you include ALL contact names from your organisation, including ALL contact names from Genworth Financial Mortgage Insurance Pty Ltd that have instructed you in this matter.

Sincerely,
Dallas & Kerrie Kelso
http://TakeBackYourHome.com.au

We will keep you informed ever step of the way on the communications we received from Impact Financial Services and Genworth Financial Mortgage Insurance.

Have you received calls from a Mortgage Insurance company or their legal representatives? Let us know all the details so we can share this modern day scam with everyone who visits this site. This, friends, is what our State and Federal Governments must be doing something about. Its the banks and mortgage companies, and their “friends” who are gaining everything from these deals. The Australian families are loosing everything on a daily basis!

Sincerely,
Dallas & Kerrie Kelso