
Loans, Fraud, and the ‘Color of Law’: How Banks Engage in Fraud and Mislead Borrowers
When a purported borrower takes out a loan from a bank, it may appear that the bank is lending its own money. However, under 12 U.S.C. § 83, banks are prohibited from lending their own funds. Instead, they use the purported borrower’s promissory note as collateral to create credit, not using their own capital. This process lacks transparency, leading to non-disclosure and fraud, which may render such agreements void ab initio (invalid from the outset).