ILNews

Foreclosure stands against ‘Redemptionist’ claims, appeals panel rules

Back to TopCommentsE-mailPrintBookmark and Share

A pro se litigant who fought a mortgage foreclosure by attempting to pay a bank with drafts from his purported account at the United States Treasury has no basis to reverse summary judgment in favor of the lender, the Court of Appeals ruled Monday.

Derik Blocker of Merrillville relied on attorney-in-fact Marcus Lenton Jr. of Chicago to represent him when U.S. Bank initiated a foreclosure in December 2011, six months after Blocker stopped making mortgage payments, according to the record.

Lenton sent U.S. Bank a personal, non-certified check for $180,000 on a principal balance of more than $157,000. But the bank didn’t cash the check on which Lenton had written, “Not for deposit – EFT only!!!”  

The bank also rejected documents Lenton later prepared including a “payment instrument to discharge the alleged debt,” a “lawful order for money” for $200,000 directed to the U.S. Treasury, a “UCC Financing Statement” and an “international bill of exchange.”

In finding no issues of material fact and affirming summary judgment for U.S. Bank, Judge Michael Barnes cited the “Redemptionist” nature of the arguments, which also mirror those of sovereign citizens.

Redemptionist theory “propounds that a person has a split personality: a real person and a fictional person called the ‘strawman,’” Barnes wrote in Derik A. Blocker and Tammi Blocker v. U.S. Bank National Association as Trustee for the Certificateholders Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificate Series 2007-AHL3, 45A03-1211-MF-479. “The ‘strawman’ purportedly came into being when the United States went off the gold standard in 1933, and, instead, pledged the strawman of its citizens as collateral for the country’s national debt. Redemptionists claim that government has power only over the strawman and not over the live person, who remains free.”

Redemptionist adherents claim that the government sets up accounts in the initial amount of $630,000 for each person at birth, and that through obscure procedures of the Uniform Commercial Code, citizens can gain access to those funds for their own purposes.

“Lenton’s attempts to pay off the Blockers’ mortgage debt were not only unorthodox but also legally unacceptable. It is unclear who Lenton is or what his relationship to the Blockers is and whether he represented to them that he knew the ‘secret formula’ to accessing money locked away in a clandestine Treasury Department account but, in any event, he clearly failed to access or provide the funds needed to pay off their mortgage,” Barnes wrote. “The trial court did not err in refusing to countenance these purported attempts to discharge the Blockers’ debt.”

The court also took issue with the Blockers’ repeated contentions that the Lake Superior trial court lacked jurisdiction. “To the extent the Blockers make other arguments attacking the trial court’s jurisdiction or the propriety of its judgment that we have not explicitly addressed, it suffices to say that those arguments lack cogency and we will not address them further.”

 
 
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT