Astoria Federal Savings & Loan v. Ralph F. Arcamone, Jr. et al. (2010)

MEMORANDUM OF DECISION RE MOTION TO DISMISS (132.00)

Plaintiff's motion to dismiss this mortgage foreclosure action appears to rely on a theory to the effect that, since the United States went off the gold standard, the federal government has assumed the ultimate obligation to pay certain citizen's debts.   Plaintiff cites to House Joint Resolution 192, and to Public law 73-10.   HJR 192 does not support the plaintiff's argument, and there is no such thing as Public Law 73-10.  (HJR 192 is also known as Public Resolution No. 10 of the 73rd Congress which may explain the error.)   These citations and similar arguments abound on the internet.   The arguments have been rejected by the courts;  see McLaughlin v. Citimortgage, 3:09 CV 1762(MRK) (D.Conn., June 11, 2010);  Bryant v. Washington Mutual Bank, 524 F.Sup. 2nd 753 (W.D.Va.2007).   This court rejects the argument as well.   The motion to dismiss is denied.

TAGGART D. ADAMS

SUPERIOR COURT JUDGE

Adams, Taggart D., J.