Professional Documents
Culture Documents
“Indeed, no more than (affidavits) is necessary to make the prima facie case.”
United States v. Kis, 658 F.2nd, 526, 536 (7th Cir. 1981); Cert Denied, 50 U.S. L.W.
2169; S. Ct. March 22, 1982
That I, ________________________, a living breathing man (or woman (select one!), being first
duly sworn, depose and say and declare by my signature that the following facts are true, correct and
certain to the best of my knowledge and belief.
1. THAT, Affiant is not an attorney or a investment broker or dealer in realestate, bonds, securities
as occupation, trade or profession.
2. THAT, Affiant has become exposed to the following facts which apply to Affiants Promissory
Note/Mortgage/Foreclosure case/matter.
4. THAT, said Bank or Mortgage Company have a brokerage house that they use to set up trust
accounts/trust funds within their so-called ‘Mortgage Home Loan’ business to the general public.
5. THAT, these trust funds are called tax transparencies within _________________________
‘Mortgage Home Loan’ business.
8. THAT, all mortgage payments go to the holders of the securities and the bonds and none of
payments goes to the principle interest on the loan, not one little penny of it.
11. THAT, HELOC is called an equity line of credit. That is where the loan comes from, it does
not come from the bank by and through all the papers the Affiant signed at the bank, etc., it comes
from the HELOC trust, wherein _______________________________ gave Affiant an equity line of
credit and they used Affiants ‘Note’ for security and collateral for the loan.
13. THAT, _______________________________ is only giving Affiant an equity line of credit, (most
people have an existing loan and a second or third and what they do is, discharge the existing loan and
they charge your account on the accounts receivable)…__________________________ works
entirely on the accounts receivable side of the accounting ledger, which is called an asset.
14. THAT, Affiant has an opposite side of accounts payable which is an offset to the accounts
receivable, which is Affiants counter claim. Affiant is the creditor on accounts payable and the debtor
because on the accounts receivable because the bank is the creditor on the accounts receivable and the
debtor on the accounts payable.
15. THAT, Affiant has funds in the bank to set off the entire accounts receivable which is what the
promissory note(s) are based on. ___________________________ sells the note(s), they don’t
possess the note(s), so ______________________________ does not have standing to bring a claim
anyway because ___________________________ have no possession or control of the note(s) under
Article 9-313, 312 311, says states that One has to have possession and control of the Note in order to
have a security interest.
16. THAT, _____________________________ did not inform Affiant that a ‘Notice of Security’ once
deposited in an account becomes the equivalent of money.
17. THAT, Affiant is the originator under 4A-104C of the first funds transferred… via the
promissory note tendered.
18. THAT, ____________________________ failed to disclose that the Affiant lent the bank so-called
money, and the Bank has to pay Affiant back.
19. THAT, _____________________________ failed to present a prima facie case and only created a
presumption that the Affiant owes money, whereby the Plaintiff has filed into the court record the
evidence of the agreement and ‘instrument’ tendered to discharge the debt and the facts in this
Affidavit herein rebuts the presumption otherwise.
21. THAT, ________________________________ did not disclose to the Affiant what they are doing.
_______________________________ wrote up a note for value received, and Affiant, without full
disclosure, agreed to pay them back the money and _______________________________ initiated
foreclosure on Affiant when Affiant got behind in payments.
22. THAT, The federal rule is, whatever is loaned must be paid back in like kind. So if they are
taking the position that they loaned Affiant money, but whatever they loaned Affiant has to pay back
in like kind. So, if someone tendered the promissory note, then if there is the demand for payment
then the payment has to be in like kind that was loaned which was again either a promissory note or
other commercial paper. Because there is no money or no real lawful constitutional money of
exchange (Article I, Section X).
23. THAT, Constitutional Money of Exchange is what Walker Todd defines it, it is the basis of
gold and silver coin, which is no longer in existence. So there is no money of exchange? What we
have today is money of account. Which primarily comes from bills of exchange, commercial paper,
or promissory notes, it is all the same. (see attached ‘Affidavit of Walker F. Todd).
24. THAT, When anyone deposits ‘federal reserve notes’, it becomes ‘so-called’ money but lacks
the redeem-ability, but we use the word money, but it is just a book ledger or computer entry.
25. THAT, what ________________________ does within heir accounting legers, they do
electronic and book entries, which, they create money on the books, when they deposit a
note/promissory note in an account, it becomes the equivalent of so-called money.
26. THAT, pursuant to the Uniform Commercial code, a note is both a financial asset and a
liability; on the accounts receivable its treated as a liability but on the accounts payable its treat as an
assets,
29. THAT, pursuant to international accounting standards board, then the Affiant as the creditor
on the accounts payable, can use that dollar amount as an offset to offset the accounts receivable and
get rid of the liability.
30. THAT, In fact, the Affiant in signing and tendering a ‘Promissory Note’ to
___________________________, actually gave ________________________ value, the credit, the
‘money’, whether it is a loan or whatever and _________________________ they are treating it as a
general intangible. [court cases say promissory notes are a intangibles but when they deposit that, it
32. THAT, what ________________________ are doing, is taking the monthly payments and
giving them to the holders of the securities, which Fanny May guarantees the payments and what they
do is they get a paying agent from one of the Federal Reserve banks that pays the principle interest on
it. The paying agent guarantees the payment, and they just reimburse Fanny May for it, so indirectly,
Fanny May controls all these loans, because they guarantee the principle on the interest to the holders
and securities of the bonds.
33. THAT, Everything is in the accounting but One has to understand what they are doing with the
accounting. The ESTRY Registration statement tells you what they are doing with the funds and
notes. _________________________ sells everything.(NOTE; most all banks or holding companies
are Delaware Corporations, so everything is done through Delaware. As an example, BankOne
Security Corp., which is a holding company incorporated in Delaware, the notes are sold to them, they
sell the entire account to them, they actually sell the pulling and servicing agreement, they even sell
the rights to payment. These people are getting away with murder because they are selling stuff that
they have no right, title, or interest in.)
34. THAT, there is no holder due course on the ‘Promissory Note’ as any holder in due course
takes in with out notice of any defects or claims of the issuer against the payee? If a person takes it
with notice of a claim, then he cannot be a holder in Due Course, he can be a holder but not a holder
in Due Course.
35. THAT, ____________________________ took the Promissory Note with fraud, fraud in the
factum and fraud by scienter.
36. THAT, ____________________________ is not a holder in Due Course and has no right or
standing to foreclose on [a] the note or the property of the Affiant. (NOTE; Only a person who is a
holder in Due Course has a right or standing to foreclose on a note.)
37. THAT, Affiant has a right of recoupment, a counterclaim or a defense. See UCC 3-305.
39. THAT, If ___________________________ took the note, with notice of a recoupment or a set
off, then they are not a holder in Due Course. (See UCC 3-106(D); it states if a person, contract or
40. THAT, Affiant did not sign the ‘Promissory Note’ via the supplemental form and substance
that attaches to the signature at the time of signing.
42. THAT, at the time Affiant(s) ‘autographed’ the Note, Affiant(s) were not fully disclosed of
what is going on within the transaction and therefore it is an invalid ‘signature’ that appears on the
‘Promissory Note’ and any other documents signed at that time.
44. THAT, There are two sides to the account, the note is an asset on one instance and it’s a
liability on the accounts payable and an asset on the receivables… they are coming after you under
the accounts receivable.
45. THAT, ______________________________ created the value for it, they took the value for it, they
ledgered it into the accounting, and it is an asset to them so doesn’t that offset the liability
automatically?
46. THAT, you also have a claim to possession of property interest in the note, because you are the
originator under 4A-104, then you go to UCC 3-105, which says the issuer is the drawer or the banker
which does the first funds transfer.
47. THAT, When you endorse the note the drawer and the banker, and tender the note to the bank
that was the first funds transfer, under 3-105 A and C, when they deposit it into an account that brings
it under article 8, which controls Article 3. (See what an entitlement holder is under 8-102 subsection
17 and 8-102 subsection 7, which is one defined as an entitlement holder and the other defines the
security entitlement. Security is the entitlement holder who is identified on the books of a banking
intermediary? As the entitlement holder, who has security and entitlement rights under 8-501, A, 2,
and 3, _____________________________ what they did was set up a securities account. All of this
‘Promissory Note’ transaction is under securities and not under what is perceived as normal banking
transactions/deposits.
49. THAT, the Affiant(s) did not sign the Note and ____________________________ therefore
____________________________ is required to produce the Note, along with all accounting of the
Note, under full disclosure and to verify that the Note was duly ‘signed’ under said full disclosure and
that no fraud was perpetuated upon the Affiant in this matter/transaction.
50. THAT, fraud vitiates all things from the beginning. (Maxim of Law.)
___________________________________________
Your name - Affiant
JURAT
___________________________________ Seal;
Notary Public in and for said State
My Commission expires; ___________________
If they take the note, with notice of a recoupment or a set off, then they are not a holder in Due
Course. Go read 3-106D, its says if a person, contract or obligation, if they have notice under
applicable statutory or administrative law that they are taking the note with notice of a defense
or claim against the issuer then they can’t be a holder in Due Course.
The mistake most people make is they admit they signed the note. One might state; “I did not
sign the note.” Can they prove it? One of the things they have to prove is that you signed the
note. Well there is the aspect of supplemental form as attaches to the signature at the time of
signing, yes. Ok, doesn’t that challenge the authenticity of the signature if you deny the
signature? If ‘they’ gave you full disclosure of all facts, you could then state that that is your
signature (comporting to form!) Now unless you admit you signed the note, how are they going
to prove you signed it? Wouldn’t they have to bring it forward? Sure, ok, but if they cannot
bring the note forward and prove the signature then they do not have a case. The point is, as we
told them, “If we signed the Note, produce it.” Well true, but when you signed the Note or
somebody signs the Note, if they were not fully disclosed of what is going on within the
transaction then it is an invalid signature!