3/14/2009 “Public Minister Immunity part 2” 2h 17m talkshoe.

com remedies in commerce

[my comments in square brackets]

80:00 Greg speaking to Russell; You have an issue with an injunction. I want to hear what this plaintiff's attorney said.
Russell: I started talking to the plaintiff's attorney and the judge told me You need to talk to me. I said: This is a court, I can
talk to my opponent and you're an official type setting. Told attorney I sent you a debt validation and you've not validated
the debt and so you're in dishonor. She told the judge; the court does not recognize the Fair Debt Collection Practices Act*
in a foreclosure. I told judge its a dishonor according to the uniform commercial code affidavit which should be standing in
truth. Judge said your preliminary injunction is denied. I got to thinking she denied it because the attorney said under the
FDCPA, under foreclosure, the court does not recognize it. I remember seeing that statement in my process serving papers. I
asked the process server to serve the lender and they sent me back their copy of the affidavit it said on there; Preliminary
injunction in order to show cause why a permanent injunction shouldn't be ordered based under the FDCPA* [obvious
contradiction. See 101:05]. I'm thinking that the judge gave rule and favor to the lender because of her statement which she
told the judge which was; Judge the court does not recognize the FDCPA under foreclosure.
Greg: Question is who was the court? Who's holding court there. Second thing is where they said the court doesn't recognize
the FDCPA under foreclosure, who does? The court can recognize an administrative ruling on violations of FDCPA which
would be HUD and copy cc to the department of commerce, but HUD more specifically. When you're in that court room the
issue is a contract issue. Did you
go to the county recorder and
take out the deed of trust and the note and the contract that you signed that were filed into the county where the property
resides, did you take that out and
revoke cancel and rescind it and
do a rescission letter,
file it back into the county,
take [certified] copies out,
serve it on the party either before, during or after the FDCPA would being served. 85:53
If you didn't the contract is not in dispute. That judge is there simply to enforce a contract. So after the FDCPA you need to
rescind the contract and put them in dispute. And the injunction could be issued pursuant to an unconscionable contract. You
could show that they've acquiesced and the contract is now in dispute, the judge would be more apt to ruling in your
favor especially with the affidavit of facts in support of that. People don't always have time to do that so if it were me I
would go back and have a reconsideration hearing after I put the contract in dispute. So its not a done deal. You can always
go back to the court and say I apologize for the commercial dishonors I forgot to include the evidence of the rescission in
the contract. Give them evidence of the 1099 A and 1099 B behind the affidavit of Original Lender and Borrower in
Error which I was talking about earlier. And that would be a cognizable vessel by way of getting those accounting
statements into the records, the judge could see that they are not the lender, that you're the actual lender. So there's a few
things that you could do to perfect what you did that caused you the denial of the remedy. 87: You may get the same results.
It seems like the judge was allowing the attorney to dictate everything that was going on. 87:39
Russell; The attorney also filed a motion to dismiss coming up in a couple of weeks. Does that mean that she's gonna have
all power to dismiss any action that I have again?
Greg; yeah, but here's the deal. Since you've already went thru the FDCPA and you need to put the contract in dispute, then
you need to go and file..if they continue to move against you in violation of 1692g or 1692, I would file suit. And then turn
around, once you file suit for damages, I would file my preliminary injunction TRO request there in that court. 88:30 get it
in the district.
Russell; So can I show up to their motion to dismiss and I have a signature rescission, is that going to stop then from doing
anything?
Greg; I'm not going to say its going to stop them, but I would say that you need to put the contract in dispute. And at the
same time I'd be filing a civil complaint for damages. I'd sue for damages. Richard Cornforth and sedm web site has some of
those boiler plate documents that you could use. It has the TRO and civil suit for damages language.
Russell; seems like I'd only have to show up and say prove to me that there ever was a contract where we have 2 signatures
on a contract. That that's all I'd have to say to put a wrench into everything.
Greg; not only that, by negative averment its a unilateral contract. That's why I tell people if it was me I'd first go get the
4506T, take all the copies of what they sent me versus what the [4506T] transcript says and put that information in a
negative averment and I would go to your state treasurer and see if they have a down loadable form for Production of Note.
I know its in California. Brokers use this I guess for transfers. I believe that you should use that form to ask for the
production of the note in addition to what you're doing with the rescission, accounting and the 1099 A and B, the affidavit
that must be rebutted showing that you're the original lender and issuer of credit or the strawparty is. 91:34 That is a
cognizable tool that you could use, especially the negative averment with the affidavit of original issue, or [rather?] affidavit
of original lender and issued credit. Then you could say I see no evidence to support your claim that you've rebutted
point for point the fact that these transcripts are in conflict, you represent the parties that committed fraud. That
you're trying to foreclose on this property pursuant to the fact or [rather] in violation of uh how do I say this, you're
trying to collect on the note and you're not the holder of the note or the holder in due course of the note. That the
strawparty in fact was the lender of the credit. That you can exhibit no account that was debited other than the
strawparty account. You can show that there was no consideration. There's a ton of things you could probably put in
that negative averment and put it in the record. There not going to answer one let alone all. One of the stipulations
might be that they are in agreement pursuant to violations of FDCPA. 93:00 And that encompasses that
whole administrative process that you did. If I go back into that court I'd be using an affidavit filed into the record of
negative averment affidavit and/or an affidavit of information with the negative averment and reposition for the
injunction.93:28 I'd also be suing them too and asking for the case to be set off pending the outcome of the civil suit. Cause
the civil suit will bring forth information and subpeona that information you're requesting into the record.
Russell; Is there anyway I can use these same files that I got in the same case number without having to pay another $200?
Greg: I'm not sure how much its going to cost you to lodge the case. What did you do here. You just opened the file?
Russell: I opened the file and paid the $200 to set my preliminary injunction which we just had, I got tonight.
Gregg: did you get your case number on that? Yes. You could go back and petition for re-hearing, see what they do. I don't
know if they're going to charge you again. There's another document you can use to avoid that filing. I don't know if you
could use the pauper's affidavit or not, if that would work. I'm not sure if the pecuniary document would work for you or not
Russell; I'm thinking if I could remove those words, fair debt collections practices act from off my..when I go to serve them
again. I told my server I don't want you to put those words on there anymore, and I'll just go straight for a permanent
injunction.
Greg: they're enforcing contracts in there. You need to throw the contract in dispute and you need get them into an
agreement, finalize the default and get a notary protest against them and establish the contract between the parties.
You walk in and have the judge enforce that contract. And if they say anything outside of what they've already agreed to
you ask the judge why she's letting them speak. They're in agreement with you already.
Russell; I've got a copy of the contract can't I just use that instead of going down to the county..
Greg: what contract are you talking about? 96:00
Russell: the one that I originally signed.
Greg; I'm not talking about that contract. I'm talking about the contract that got them in agreement that you and the plaintiff
entered into when they failed to answer that request for validation and verification of debt. [isn't that like a unilateral
contract?]. That became a contract. They agreed there is no debt did they not?
Russell; Right and I gave the judge bench copies and she had the affidavit up there too, but I never pulled that affidavit out.
I made her pull it out. I turned to the attorney and said hey look I sent you an affidavit. I figured I didn't have to pull it out
yet. But I'm thinking I should have the judge pull it out and look there's the contract right there. That's probably where I
failed.
Greg: No, she knew it was there.
Russell; I gave her a real good table of contents. Made it real easy for her.
Greg; I've been telling people, we have to bill them. Bill these parties. Bill the plaintiff for the credit that's due on the
account on the private side, the off balance sheet accounting.
The 1099 A evidences the fact that you lent them the funds to finance the..that funded the mortgage account to start with.
And during a foreclosure action, you bring it up: 97:42
Thank you for bringing the foreclosure. Where are the funds that you obtained from the contract
trust account? From the strawparty account. Where are the funds that the plaintiff has from the
original TT&L transaction? For instance. And why did you not apply those to the account?
Russell; In my studies of the billing process and listening to your audios I first have to send them a UCC 1and UCC 3
assignments with the notice of tender send that to them first and when they don't answer it then I can do the billing process.
Gregg: First off you're billing them for 2 different things. You can bill them for..when you do an assignment to them, you
can bill them for that. If you tender with a promissory note or whatever else your going to or have used you can bill them
for that consideration. But when you do an assignment of the credit that's due on the account, the off balance sheet
accounting the credit that was used to fund the mortgage, you can bill them. When you say I'm assigning it to you I'm not
holding it, but I know that you are and rather than asking for that credit from you, I'm going ahead and just giving it to you
and telling you to put it over on the negative account, bring it back to zero, ledger it out. And when I do that in the UCC 3
I'm also giving them an accounting and that's billing and that's the first notice for billing purposes. I'm billing you for the set
off. I'm billing you for the title. I'm billing you for the equal amount, the exchange. That's where I'd go after them. If they
fail to provide me with the consideration then after 90 days I'll give them a notice of claim of lien. And I'll file a lien against
them.99:43
Russell; Seems like I could go into this dismissal thing and ask the judge I need 120 days for a billing process. 90 for the
billing process that's an extra month to get my UCC 1 and UCC 3 assignment set up to send to these guys. 100:00
Greg: Yeah but she can still deny you the time. Say; look I'm trying to make arrangements to pay this. I'm going to pay
this. I'm going to discharge this entire amount. But I need the time to ledger this. And see what she says. If she says I'll
give you 30 days, that's plenty of time to do an assignment to them. When you walk back into the court you're going to do
an affidavit of verified tender of payment and its going to say that they're ledgered. And you're going to give them 72
hours to exhibit a defect or they agree with the balance, they agree with the tender, they agree with the instrument,
but none of that's gonna work unless you put the contract in dispute. The FDCPA shows fraud in the contract.
The TILA, the RESPA violations, that all goes to fraud on the contract. 101:05
Russell: Go over what I need to show them to dispute this contract so that when I do that when I show them this disputed
contract I can ask for the time for the billing, for the payment, to pay it off and do the registration. What are the exact steps
to do this101:17
Greg: Go down to the county recorder and get certified copies of what they filed into the county as it relates to the mortgage
loan account,
your going to stamp it revoked, canceled and rescinded it for cause, cause being fraud, unconscionable contract, deceptive
lending practices, failure of consideration, whatever) and you're going to write that language on the front and back of
every document.
I'm going to put the zip file for the mortgage up tonight for anybody who needs the UCC documents on mortgages .102:40
I was just gonna go ahead and just read it. It's an affidavit, in affidavit form.

We agree to the record file on demand by the STRAWPARTY after recording return to the STRAWPARTY its got the line
and the 3 and ½ inch gap for the filing recorder area. Basically it says; Declaration of Rescission of Signature and
revocation of the signature revocation, rescission canceled for cause including all initials, etc., on the mortgage contract for
cause 12 CFR 226.23 also TILA 226.23 Appendix revocation of trust, HomeQ Servicing account number and then whatever
the number is.
Comes now the living man authorized representative for the STRAWPARTY herein after declarant having full personal first
hand knowledge of the facts stated herein to be true correct and complete not misleading declares cancellation rescission
and revocation of my signatures of the mortgage contract for justifiable cause. 104:05 It basically goes through and rescinds
the signature and its only like 5 or 6 points. And that could be used to put in front of the contracts that you're going to write
on the front. Contract rescinded, revoked, canceled for cause. Simply done. As long as you can do that you can throw that
contract in dispute. 104:35
Chris: the other thing that should be done is to take a copy of the mortgage service contract and scribe across it in red ink
[at a 45 degree angle across the certified copies of the mortgage papers (deed of trust and contract)].
Gregg: Yeah we covered that. And he's gonna take all those copies of that agreement and sign across it at an angle
rescinded, revoked, canceled for cause and you might put the reason, the citations that we just mentioned.
The one that Chris has there is very basic and cuts to the chase. I believe its all that you need. I'm modifying that so its a
couple of pages because I want to add some other information in there. The unconscionable nature, the failure for
consideration, the unilateral nature. Maybe add in the stipulations in affidavit form that they are already in agreement, that
there is no debt pursuant to a default on the FDCPA request, there's a lot of stuff that you can add into this Notice of
Contract Cancellation 105:52
Russell: I just did a simple one. I rescind my signature on the application for credit. My property is not a gift. That's all I put
on it. Is that good enough?
Greg: That's straight to the point. That's how to do it. If you had to do it on the fly that's about all you can do.
Russell: I can actually present that right in the court room. If you don't have a copy of it, which I did send to you, here's
another one. And I'll just show that to the judge with all that writing on it.
Greg: The other one I had here was called; In Re rescission of signatures, waiver of benefits and privileges, dissolution of
adhesion contract, revocation of power of attorneys and signature as they relate to HomeQ Servicing Account No.:#####
dated, Actual and Constructive Notice, rescission of all signatures, waiver of all benefits and privileges, dissolution of
adhesion contracts, revocation of all signatures, marks and powers of attorney. That's what its called. 107:02
I'll read one section; All unconscionable contracts are subject to rescission under the common law for failure to make the
proper disclosure in order to constitute an acceptance where there is no meeting of the minds there is no contract that is
required 226.23b1 regarding notice of rights to rescind as set forth in Re Maxwell vs Fairbanks Capital Corporation 282
bankruptcy 101 2002 case and banker's lexus 759. The UCC addresses unconscionability in UCC 2-302. Also reference
California civil code 1639 title 3 and 13. Witkins Cal summary tenth at 40 unconscionable contracts. 107:57

110:2x The key thing is they want to get paid. We can just pay them or deal with it another way. I believe its easier and not
adversarial just by paying them what they want. Now that doesn't mean we have to pay them federal reserve notes, or check
or money order or certified bank check because we know that when we rescind the contract, yeah there still is a debt, but
we've changed the method by way of making payment of debt. So that's the key here to,
just because you rescind the contract you still have to address the case so,
can you exhibit a defect in the tender?
They'll say well yeah he was under contract to pay this way. Well wait a minute,
is it your position that you're not in possession of a rescission of an unconscionable contract?
That contract is in dispute. And now you put yourself in a situation where the issue of the disputed contract needs to be
settled before they can move forward with the action. 111:22 And that's why its important to put the contract in dispute.
That's my opinion, not my legal opinion, just what I believe.
Russell; When I was reading the 692g it says within 5 days we need to do this and within 30 days we need to do this.
Greg: when you're talking about fraud, there's no statute of limitation on fraud.
The 4506T transcript and copies of what they sent you and answers returned [or does he mean
answers not returned?] is evidence enough to show unconscionability there 112:14
Do a word search for 'unconscionable contract' [Rod at AIB RADIO on 3/11/09, was just talking about Hazel Atlas Glass
vs Hartford Empire and court fraud and over turning all previous court cases].

113:xx When you call the IRS I need a 4506 T for the past 4 years or 8 years or whatever else for all 1098 forms filed and
all 1099 series forms filed. You want the 4506T to determine whether or not that that [the 1099's] needs to be corrected or
its gonna be an initial.
I knew that we could fax them in [forms] but I didn't know that they could fax them [4506T's, etc] to you and I don't know if
that is going to happen, but based on the urgency and the court case and you want to use it for evidence in the court case I
don't see why they wouldn't give it to you. 114:49
Chris: When you get the 4506T you'll see if there's been any sell off or transfer of property, then you can file a 1099
Abandonment on the party of which shows that they have sold off their interest on that account, that if you walk that
into a court they have no standing once you prove the fact that they have sold the interest off.
[but with patrick's new and improved info adding the 1099 B how do we then make out the 1099 A in a case like this?]
Greg: Yes. And that's why its important to get the transcript.
123:xx 4 years per request on the 4506T
130:05 Are you not in possession of the rescission of signature where the contract is in dispute pursuant to your agreement
that the debt was unconscionable? That you did not debit anybody's account other than the strawparty. That the strawparty is
in fact the lender and you've offered up no evidence in support of your claim to the contrary. Things like that. So once you
throw that contract in dispute now you can go in there and settle with whatever 'like kind' that you want to pay with.
Which would be, I don't know, promissory note, money order, bond, exemption, assignment of collateral, credit due on the
account off balance sheet accounting, whatever. You can basically pay with another type of tender. Another negotiable
instrument and the bank is not really going to be able to do anything about it because they're going to be holding payment.
The way that I like to do it, which brings the FinCEN 104 into play, is to give the party that's billing me..Let's say for
instance an attorney, he's collecting on behalf of the plaintiff. I might just assign it to the attorney. And then when the
attorney doesn't ledger the account I'm going to file a FinCEN 104 on him. And guess what? I'm going to bill him for the
consideration. When I assign him 250K worth of assets and he doesn't credit the account he's a delinquent creditor. So I'm
going to bill him, and then I'm going to turn him into a delinquent debtor when he fails to pay. When he fails to pay I can
bring him into a forced bankruptcy action for holding tender of payment with out xxxx consideration, or providing
consideration and closing the account facilitating the closing or I could cancel the debt to him. I can issue a 1099 in his
name showing that he's holding payment, let him deal with the IRS. Or I could do a partial assignment over to the IRS in
exchange for 50% of what I pay him. So out of the 250K I may send him a million and if he doesn't pay the account I'll
assign the IRS 50%, or 75%, in exchange for collecting my 25%. When I get my 25% what am I going to do? I'm gonna go
pay the account off. The attorney, or whoever you're assigning it to, can not exhibit a defect in the tender pursuant to the
rescission. The rescission cancels your post performance on the contract. Pre performance on the contract you could walk in
with the 1099 A and the 1099 B and your exemption and ledger the account right then because you're pre-performance. But
once you've performed on the contract you are post performance and you've locked the contract in. The reason that we can
undo that contract is because of fraud. And that gives us the ability to not perform the way that we have been performing,
paying with federal reserve notes or your check or your sweat off your brow. You go in and just discharge it. Which is what
we should have done to start with but out of our ignorance we didn't know it. They were deceptive lending practices. They
knew we were the lender but yet they got us to sign a contact saying we're the borrower. So we're actually a borrower in
error because there was no meeting of the minds, there was no full disclosure, with unclean hands. So you have this ability
and this UCC assignment with a verified notice of tender in affidavit form is the settlement statement. And if they do not
exhibit a defect in the tender they agree to the payment. They agree to the type of payment. They
agree to the amount of payment. All that's in the Tender of Payment Notice that we have available for the UCC assignment.
The key problem is the contract is unconscionable..and you've been performing on that. You've got
to throw it in dispute. And once you do that you can come back and make a tender of payment .
And we do it using UCC documents.