Professional Documents
Culture Documents
2.2-Notice of Tender
2.2-Notice of Tender
Principal:
John Henry Doe
c/o Cindy Smith, Notary Public
1234 Main Street
Huntington Beach, CA 92648
Respondent(s):
Jack Jones R.K. Arnold
c/o ABC BANK, N.A. c/o Mortgage Electronic Registration Systems, Inc
555 Banker Street 1818 Library Street, Suite 300
Pasadena, CA 91101 Reston, VA 20190
Express Mail No. EB 111 222 333 US Express Mail No. EB 111 222 444 US
Attention Respondent(s):
Whereas, on April 6, 2010 instruments of tender for setoff, hereinafter “TENDER”, for the setoff of ABC Mortgage
Services Account No. 1000000201, hereinafter “ACCOUNT”, were presented for setoff to:
Whereas, on April 17, 2010, the TENDER is deemed accepted for the setoff of the ACCOUNT, pursuant to and
evidenced by the records enclosed herewith.
THEREFORE, John Henry Doe, hereinafter “PRINCIPAL”, requests that the balance of the ACCOUNT be adjusted to
Zero dollars ($0.00) to reflect the ledgering of said TENDER.
Enclosed herewith is a Request Regarding a Statement of Account as a record authenticated by the debtor requesting
that the recipient approve or correct the statement. Jack Jones, ABC BANK, N.A. and R.K. Arnold, Mortgage
Electronic Registration Systems Inc, hereinafter “RESPONDENTS”, have Ten (10) days to comply with this request
and provide an authenticated record.
If the Request Regarding a Statement of Account is not corrected by the RESPONDENTS within Ten (10) days, then it
shall be deemed accepted and/or approved. RESPONDENTS’ failure to respond within Ten (10) days of the postmark
of the presentment of this Notice of Tender for Setoff shall cause the PRINCIPAL to have executed a Certificate of
Non-Response, by the Notary Public listed below, said Certificate of Non-Response shall serve as evidence of the
RESPONDENTS’ acceptance and/or approval of this Notice of Tender for Setoff and the enclosed Request Regarding a
Statement of Account.
Upon the RESPONDENTS’ acceptance of the Request Regarding a Statement of Account the RESPONDENTS shall also
reconvey the COLLATERAL to the original Trustor of the Deed of Trust, recorded in the Office of the Orange County
Recorder on or about June 27, 2005 as Instrument No. 2005-0000001, by executing or causing to be executed a
Deed of Full Reconveyance and file said Deed of Full Reconveyance in the Office of the Marin County Recorder.
RESPONDENTS failure to execute or cause to be executed the Notice of Rescission and/or Deed of Full Reconveyance
within Ten (10) days of the postmark of this presentment shall constitute the granting and conveying of a Specific
Power of Attorney by the RESPONDENTS to the PRINCIPAL for the PRINCIPAL to execute said instruments on behalf
of the RESPONDENTS, in addition the RESPONDENTS shall also grant and convey a Specific Power of Attorney to the
PRINCIPAL to execute a Substitution of Trustee and any and all instruments, communications, or correspondences
the PRINCIPAL deems necessary for the perfection of the PRINCIPAL’s paramount security interest in the
COLLATERAL.
RESPONDENTS shall give notice to the PRINCIPAL of the filing of the Notice of Rescission and/or the Deed of Full
Reconveyance by mailing certified copies of said instruments to the PRINCIPAL through the Notary Public listed
below. RESPONDENTS’ failure to give notice to the PRINCIPAL, within Ten (10) days of the postmark of this
presentment, of the filing of said instruments shall be deemed a failure to perform and shall cause the PRINCIPAL to
have executed a Certificate of Non-Performance, by the Notary Public listed below, said Certificate of Non-
Performance shall serve as evidence of the RESPONDENTS’ acceptance and/or approval of the granting and
conveying of the Specific Power of Attorney mentioned above.
Any and all responses, notices, or correspondence regarding this Notice of Tender for Setoff and/or the enclosed
Request Regarding a Statement of Account shall be directed to the PRINCIPAL, by U.S.P.S. Certified or Registered Mail,
at the following address:
Executed in Orange county, California Republic, this Seventeenth day of the Fourth month in the year Two-thousand
Ten. Witness my hand and seal.
___________________________________________________________________
John Henry Doe, Secured Party Creditor
Enclosure(s):
(1) Request Regarding a Statement of Account (1 page);
(2) ATTACHMENT “A” – RECORD OF TENDER:
a. Private Registered Setoff Bond No. 2010040601, dated April 6, 2010 (1 page);
b. ABC Bank N.A. Statement of Account, dated March 25, 2010 (2 pages);
c. I.R.S. Form 1040-V, Payment Voucher (2 pages);
d. Notary’s Certificate of Service dated April 6, 2010 (1 page);
e. U.S.P.S. Form 3806, Receipt for Registered Mail, dated April 6, 2010 (1 page);
f. U.S.P.S. Form 3811, Domestic Return Receipt, dated April 9, 2010 (1 page); and
(3) Notary’s Certificate of Service dated April 17, 2010 (1 page).
From: John Henry Doe, Secured Party Creditor and Attorney-in-fact for JOHN H DOE
_____________________________________________________________________________________
STATEMENT OF ACCOUNT
Collateral: The real property commonly known as: 34 TIERRA VISTA WAY, SAN RAFAEL, CALIFORNIA 94901
(County of Marin Assessors Parcel No. 010-283-26)
I declare under penalty of perjury that the information above is true and correct.
JOHN H DOE
By: ___________________________________________________________________
John Henry Doe, Secured Party Creditor
as Attorney-in-fact for JOHN H DOE
This section includes a total of Eight (8) pages, not inclusive of this page.
NOTARY’S CERTIFICATE OF SERVICE
It is hereby certified, that on the date noted below, the undersigned Notary Public mailed to:
Jack Jones
c/o ABC Bank, N.A.
555 Banker Street
Pasadena, CA 91101
hereinafter, “Recipient,” the documents and sundry papers pertaining to the Recipient, regarding
Account# 1000000201; Loan# 1000000201; MIN# 100033555500001101
_____________________________________________________________________________ as follows:
1. NOTICE OF TENDER FOR SETOFF, issued by John Henry Doe and dated August 3, 2010 (2
pages);
2. REQUEST REGARDING A STATEMENT OF ACCOUNT, issued by John Henry Doe for JOHN H DOE and
dated April 17, 2010 (1 page);
3. ATTACHMENT “A”, RECORD OF TENDER:
a. CERTIFIED COPY of PRIVATE REGISTERED SETOFF BOND NO. 2010040601, dated April
6, 2010 (1 page);
b. ABC MORTGAGE SERVICES STATEMENT OF ACCOUNT, dated March 25, 2010, with
banker’s acceptance on each page, issued for account JOHN H DOE 123-45-6789(2
pages);
c. I.R.S. FORM 1040-V, PAYMENT VOUCHER, with banker’s acceptance indorsement on
reverse page of leaf, dated April 6, 2010 and issued for account JOHN H DOE
123-45-6789 (2 pages);
d. NOTARY’S CERTIFICATE OF SERVICE dated April 6, 2010 (1 page);
e. U.S.P.S. FORM 3806, RECEIPT FOR REGISTERED MAIL, dated April 6, 2010 (1 page);
f. U.S.P.S. FORM 3811, DOMESTIC RETURN RECEIPT, dated April 9, 2010 (1 page);
4. reference copy of this Notary’s Certificate of Service (1 page) (signed original on
file),
Thirteen (13)
a total of _____________________ pages,
EB 111 222 333 US
by Express Mail No. ________________________________ Return Receipt attached by placing same in a
postpaid envelope properly addressed to Recipient at the said address and depositing same at an official
depository under the exclusive face and custody of the U.S. Postal Service within the State of California.
LEGAL NOTICE The Certifying Notary is an independent contractor and not a party to this claim. In fact the Certifying Notary is a Federal Witness
Pursuant to TITLE 18, PART I, CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant . The Certifying Notary also performs the
functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violations of the U.S. Postal regulations as an
Officer of the Executive Department. Intimidating a Notary Public under Color of Law is a violation of Title 18, U.S. Code, Section 242, titled “Deprivation of
Rights Under Color of Law,” which primarily governs police misconduct investigations. This Statute makes it a crime for any person acting under the Color of
Law to willfully deprive any individual residing in the United States and/or United States of America those rights protected by the Constitution and U.S. laws.
NOTARY’S CERTIFICATE OF SERVICE
It is hereby certified, that on the date noted below, the undersigned Notary Public mailed to:
R.K. Arnold
c/o Mortgage Electronic Registration Systems, Inc
1818 Library Street, Suite 300
Reston, VA 20190
hereinafter, “Recipient,” the documents and sundry papers pertaining to the Recipient, regarding
Account# 1000000201; Loan# 1000000201; MIN# 100033555500001101
_____________________________________________________________________________ as follows:
1. NOTICE OF TENDER FOR SETOFF, issued by John Henry Doe and dated August 3, 2010 (2
pages);
2. REQUEST REGARDING A STATEMENT OF ACCOUNT, issued by John Henry Doe for JOHN H DOE and
dated April 17, 2010 (1 page);
3. ATTACHMENT “A”, RECORD OF TENDER:
a. CERTIFIED COPY of PRIVATE REGISTERED SETOFF BOND NO. 2010040601, dated
April 6, 2010 (1 page);
b. ABC MORTGAGE SERVICES STATEMENT OF ACCOUNT, dated March 25, 2010, with
banker’s acceptance on each page, issued for account JOHN H DOE 123-45-
6789(2 pages);
c. I.R.S. FORM 1040-V, PAYMENT VOUCHER, with banker’s acceptance indorsement
on reverse page of leaf, dated April 6, 2010 and issued for account JOHN H
DOE 123-45-6789 (2 pages);
d. NOTARY’S CERTIFICATE OF SERVICE dated April 6, 2010 (1 page);
e. U.S.P.S. FORM 3806, RECEIPT FOR REGISTERED MAIL, dated April 6, 2010 (1
page);
f. U.S.P.S. FORM 3811, DOMESTIC RETURN RECEIPT, dated April 9, 2010 (1 page);
4. reference copy of this Notary’s Certificate of Service (1 page) (signed original on
file),
Thirteen (13)
a total of _____________________ pages,
EB 594 332 983 US
by Express Mail No. ________________________________ Return Receipt attached by placing same in a
postpaid envelope properly addressed to Recipient at the said address and depositing same at an official
depository under the exclusive face and custody of the U.S. Postal Service within the State of California.
LEGAL NOTICE The Certifying Notary is an independent contractor and not a party to this claim. In fact the Certifying Notary is a Federal Witness
Pursuant to TITLE 18, PART I, CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant . The Certifying Notary also performs the
functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violations of the U.S. Postal regulations as an
Officer of the Executive Department. Intimidating a Notary Public under Color of Law is a violation of Title 18, U.S. Code, Section 242, titled “Deprivation of
Rights Under Color of Law,” which primarily governs police misconduct investigations. This Statute makes it a crime for any person acting under the Color of
Law to willfully deprive any individual residing in the United States and/or United States of America those rights protected by the Constitution and U.S. laws.