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Living Temple Workshop Notes

Brandon Adams
March 20, 2010 Audios (8) and Documents: http://www.creditorsincommerce.com/audio-living-temple-201003.php
NOTICE: These Creditors in Commerce Workshop Sessions, hereinafter Sessions, are the private exchange of

ideas and concepts between the providers and the recipients. The content is not meant as legal advice. The use or attempted use of any idea or procedure discussed in these sessions as applied to the recipients own personal transactions, cases or controversies, or applied to other cases may or may not result in a favorable outcome or the same outcome as is discussed in these sessions. Each transition or transaction, case or controversy may be different as a result of unique actions or unique statements made by the parties therein, and each different act or statement in any transaction affects or may affect whether any procedure or idea discussed in this session is relevant to the recipients transaction or that the outcome thereof will be depicted as in these sessions. The discussion of ideas or procedures in these sessions is not exhaustive of the subject being discussed. Many ideas and concepts that can affect the outcome of any legal or commercial procedure are not discussed in these sessions, and the fact that recipient may not be aware of these issues may have an adverse effect on the outcome of recipients procedure. It is the responsibility of each party to understand his own transactions and to apply the appropriate and complete concepts necessary for a procedural and substantive remedy thereto. These sessions may be redistributed privately by any recipient to another recipient requesting them, conditional upon the fact that this Notice is provided therewith. If recipient has any questions, CiC may be contacted by email at harmony@creditorsincommerce.com.

Session 1 Session 2 Session 3 Session 4 Session 5 Session 6 Session 7 Session 8

United States vs. Adams Family Creating Harmony Law Forms Title & Account Registering & Assigning Interest (UCC1 + 3) Public Remedies for Foreclosures Private Remedies for Foreclosures 1 Private Remedies for Foreclosures 2

Session 1 United States vs. Adams Family


A civil matter, requesting injunction, served to the Authorized Representative of Brandon Adams. Creditors dont argue. Authorized Representative is not the Defendant. The Defendant is an account, a public trust inside of a private trust. Private process. They allege that they have a claim, but they havent made one theres no signature or bona-fide claim attached. CAfV: Brandon: Send me a verified claim and Ill make sure it gets paid and Ill consider your injunction; see attached Bonded Promissory Note. Bond the court, the civil servants and the public agencies. Bond the services that go with land when you have a land patent. Private counter offer has a 10 day response time. Brandon always gives an additional 10 days to afford full due process. After their initial fault, at 10 days, Brandon will have a bona-fide counter-claim which will go on the Notice of Fault. They had 10 days to make a claim; instead, most likely, they will be prejudicing Brandons security interest, which is paramount. No one has a higher interest than Brandon

in his public trust. Brandon is entitled to all the proceeds of his property, including all the fruits of its labor. Notice of Fault: Theyve had the 10+ days; theyve produced no bona-fide claim; heres the counterclaim. Theyre committing fraud, collusion, corruption, conspiracy, trespass, etc. for which there is a $1M penalty apiece. Even without perfecting claim, Brandon can enter the suit as claimant (Counter- or Cross-Plaintiff or Libellant), invoking admiralty, not as a representative of the Defendant or as the Defendant. Brandon holds a security interest in the Defendant and he has a claim, an $8M counter-claim against whoever initiated the suit who is trying to prejudice Brandons security interest without a claim. Attorneys and judges have immunity (limited liability) in equity; they do not have immunity in admiralty concerning a contract on the private side they have full commercial liability. This is private communication between the parties. Saving the Suiters Clause, even in a State court, allows the invoking of admiralty (28 USC section 1333 subsection 1): Any court must recognize an admiralty claim by a claimant who brings it. The $8M charges will be in the court filing, along with everyones bonds. The United States wont be showing up to court. If they say that the people are the real party of interest than lets grab the phone books and start calling witnesses Who is the damaged party? Damages are alleged, so lets get the damaged parties in here. Whos the real party of interest? The Claimant, who has a bon-fide claim under penalty of perjury. Banks pretend that they loan you money and get you to agree to pay it back. Theyll bundle your agreement to pay it back with a thousand other securities and sell them. Even your credit card bills are bundled and sold as a security. Whos holding the Note? Who do we actually pay our monthly bill to? Who is foreclosing? And is there an agreement with who this is? The right to foreclose was never assigned. In the first place, the creator of the trust is the one being foreclosed upon and it is he who appointed the beneficiary and the trustee; and it is he who has a right to change it. The Note had paid the Seller. No one gets paid with a debt validation and typically, 3rd party debt collectors will pass it on. Contact the credit reporting agencies and inform that that the black marks were not valid debts. Give them 45 days and the request that you get whatever they receive from the banks. Validation is someone declaring, under penalty of perjury, that the debt is valid. UCC 9-210 [collateralized debt - there is a sample in the code] Request Regarding Statement of Account: You put zero balance, under penalty of perjury. Your process supports your position that there is a zero account balance they accepted the Afv or PN or whatever for tender. If they think it is not a zero balance, this is their opportunity to sign under penalty of perjury that it is not. Always know in which of the 5 law forms you are operating in.

Session 2 Creating Harmony


Become the author of the contracts in your life. Everything is contract. Banks and governments hardly ever have a claim. As long as you are not harming anyone, you have the right to do whatever you want in the private, including an unlimited right to contract. All international law recognizes this. Every single individual is sovereign (king or queen) according to the UN Universal Declaration of Human Rights. Everyone also has the ability to give up their rights when they contract as a corporate citizen (public) a subject only has benefits & obligations. A subject-sovereign relationship is a trust relationship, whether expressed or implied. We can create harmony between the public and the private worlds. Make all parties whole, but stand in the private. Respond; dont react dont assume anything; be present. Whenever youre with anyone, in a sense, youre in court. Court is the legal relationship between two parties.

Session 3 Law Forms


Natural Law Oneness God Commercial Law (exchange) (private) contract = law = credit & debt creation Duality and separateness; only like God (ego) the shame of judgment. Voluntary contracts between sovereigns Patent of Nativity [make sure yours has a border 8-1/2x14] (not Certificate of Birth it is beyond all jurisdictions) Common Law national & international standards of engagement Code of Hammurabi, 10 Commandments Admiralty (private international law) Claim of Life with stamp & flag (quantum language - David Wynn Miller) By receiving benefits & privileges, youre in agreement with special rules: Statutory Law [is always aligned with the UCC] B/C is a product of statutes and is a public trust for which you are a contributing beneficiary. Grant Deed Political Law BAR Association has its own regulations are you a party to any of it? No. AMA The higher law form creates the lower and the lower cannot acknowledge its creator. Natural communication created commercial law. When going to court, Brandon carries two forms of I.D.: original Patent of Nativity and original Claim of Life, along with a $50 gold coin in his pocket and nothing else; not even FRNs. [Youre not a contributing beneficiary in a public trust (a U.S. citizen); youre the executive trustee of a private trust.] Q: Are you a U.S. citizen? A: Whats a U.S. citizen? B/C doesnt identify Brandon; it identifies a trust. B/Cs on bond paper with numbers were registered at the DTC.

Records of property interest originate from different law forms. Mortgage lien or deed of trust (memorialization of a trust) is a form of security interest in property (statutory). Anything recorded at Co. records has statutory authority. Mechanics liens even are statutory. Tax liens are common or commercial law. IRS is not an agency of the U.S.; it is a foreign agency. IRC is statutory, but it was derived higher up. It was not activated or legislated; it is not positive law it is private. UCC is codified, but it is private commercial law or the highest form of common law. Basically. it is the foundational structure of all law. Every nations laws conform to the UCC. The U.S. Code is UCC just made more complicated. Private agreement lien is commercial law. Every country has some code that matches the UCC. UNICTRL Buck Act created corporations overlaid over states: State of California (political subdivision of U.S. satatutory law) or Republic of California (sovereign but bankrupt entity common law). UCC4: You operate as a banker. Anyone who banks is a bank. Consideration = Something such as an act, a forbearance or a return promise bargained for and received by a promisor from a promisee; that which motivates a person to do something, especially to engage in a legal act. [Blacks] The reason or material cause of a contract. Silent acquiescense = reason or consideration. You may not have known that you waived your right to travel by getting a drivers license, but you accepted the privilege of being a driver. If youre car is registered with the State, there is a presumption that youre operating a commercial vehicle. You can rebut that presumption. You could return your license, registration and plates to the DMV and, so youre not presumed to be a pirate, notify the public that youve done so, you can be free. Foremost, the Secy of State needs to be noticed because it is your interface as a foreigner to and with the State. Ill be traveling through the state of California for private purposes heres the plates I will be putting on my car; heres a bond for setting off any damages I may cause in commerce Notify the DMV, the State police, DOT, Co. sheriffs, etc. Give them notice of potential damages, say $5M, for their unauthorized stopping you and detaining you or unauthorized vessel seizing. Everyone gets a photocopy of the plate, fee schedules, a bond, etc. Without the bond, youll most likely be designated as a domestic terrorist. Contact the Secy of State being the fiduciary and holder-in-due-course, shell handle the debts. Injured party should send their claim to the Secy of State If they send it to you;, you send it to the Secy of Treasury. When in doubt, rely on questions and conditional acceptances. After all, you really dont know anything, so you have no position to defend. All arguers take positions. The questioner (without a position) controls the conversation and the contract. Judges are trained to have you indict yourself dont do it. Always coherently address the actual offer that you receive; make your conditional acceptances applicable.

Session 4 Title & Account


Property title is split. Deed of Trust is an agreement on top of the title. Documents of title: Grant Deed (Warranty Deed in some states which is also warranty of the title, guaranteeing clear title) Clear title = no other interests; no liens Be careful buying (non-warranted) property at auctions that may have liens on them; that someone else has an interest in. Pre-1933: Land Grants, Land Patents Since then, no one has any right to any of the land. Everyone has abandoned their interest, even the State, because the State, being fictional, cannot acquire the patent. The patents are still sitting there in the County records. If you acquire the interest in a land patent, it is you who collects the property tax on that property. Everyone else on the land (other subdivisions) are tenants with rights, but you can tax them for being on your land. Tenants have only temporary hold on a property. The land patent was established; it was just never conveyed. It used to be that people conveyed their patents to their heirs. The County has acknowledged that the interest in the land has been abandoned, so they step in as constructive trustee (as no one else is running the trust) and collect the taxes. In exchange, they provide fire dept, police, parks, sewage, water, street sweeping and other benefits. The Co. holds controlling interest in almost everyones property. The Grant Deed is your interest. Grant Deeds are equitable title; not legal title or controlling interest in the property. He who has legal title, receives the property tax. An unlawful detainer has nothing to do with title, though we tend to associate title with right to possession. Did you get the three day notice? Did you get the summons for unlawful detainer? Most of the time, the defendant doesnt even show up. Every unlawful detainer always has 2 witnesses: one witnesses the presentment of the three day notice; the other witness presented the summons and complaint for unlawful detainer. Judgment in favor of the plaintiff. Their title, a trustees deed upon sale is meaningless. it is a trustee granting and conveying their interest in the property which doesnt exist. Theyre not on the Grant Deed. Theyre not even on the Trustees Deed of Trust theyre just the trustee. Requirements for Unlawful Detainer: Serve a 3 day notice; Certification of Non-Response the 3 day notice; Serve a summons & complaint for unlawful detainer; Certificate of Service for summons.

In the background, there has to be an interest. The trustee has no interest in the actual property until they sell it; then they have possession. The Trustees Deed upon Sale conveyed possession even though they didnt have it yet. Trustees Deed upon Sale is like a Quit-claim Deed in that it conveys only the interest (possession) that you plan to hold, by simple contract. Its simple to flip it around. If youve got a Grant Deed, obviously you have interest in the property; in fact, your interest is superior to anyone on a Deed of Trust. The Grant Deed was filed first first in line, first in time. Its the paramount security interest. Put a 3 day notice on the door and send a 3 day notice to the bank. When they dont respond within 3 days, file an unlawful detainer case. Send summons to the bank. When they dont show up, you get judgment in your favor, which turns into a writ of possession that you take to the sheriff. Sheriff goes to the house; changes the locks and gives you the key. Brandon gave an example of serving all his neighbors. If it was reversed and some neighbor was doing it you, with 72 hours: Refused for Cause Without Dishonor. Refuse for Cause can be used when there is something missing from their offer, such as non-disclosure. No, I am not a party to this contract. To Refuse for Cause, the substance of their offer must be lacking. inconsequential, immaterial & irrelevant To file a financing statement, you need a claim and you need agreement of the debtor. Otherwise, debtor can file a UCC-3 and terminate it. If your matter involves a Deed of Trust (security agreement) or a secured debt in relation to your property two things: 1) the Deed of Trust is clouding your title; and 2) the account is a secured debt. Remember to handle both. Also, you cant ignore them if they come after you again. Generally, Brandon would approach the account first, but it depends upon how you plan to handle the title. If youre going the fraud route (they never lent you any money, gave disclosure, etc.), which is a valid approach, how do you approach the account side in this case? Its almost contradictory to make a payment on your account after talking about how fraudulent the whole thing was. If you make the payment first, your approach can be that there is no debt on this property anymore. Decompile their trust; create a new trust. Winston Shrouts and Karen Tapperts approaches are in this line. Winston gets it done with as few documents as possible, basically in common law as opposed to statutory law; Tapperts is probably more comprehensive. WS employs two basic documents: 1. Notice of Correction for Fraud: Hey, there was no disclosure in this agreement I didnt realize I already paid for the house. Im firing you as trustee and you (the bank) as beneficiary. Heres the new trustee and beneficiary. Thanks for nothing. Without full disclosure, there is fraud.

His Notice of Correction for Fraud is actually a one page trust. Trusts dont have to be books. The property is identified as are the trustees, the beneficiaries and the grantor. The trustee has duties, but you can be vague: its the trustees duty to manage the property for the benefit of the beneficiary. Its a private trust (rather than statutory) if you do it right. This contract in private international law is the authority of law in this matter OR this is a private contract between the parties. [as simple as that]. At the top of most presentment you issue, you can write this is a private contract between the parties. This defines it in private jurisdiction. then, at least 10 days later (when you gave them 72 hours): 2. Notice to Cease & Desist to both the former trustee and the bank, the former beneficiary. Youre no longer the trustee. Stop it. Putting your house in a new trust can be as simple as these two documents. You, the trustor, have the power to revoke, even in an irrevocable trust, when theres fraud. Using notary presentment in every step: 1) Send in payment, or rather, Notice of Tender of Set off. If you have an indemnity bond and then an offset bond (for BPN) set up with the Treasury (and a B/C bond in place prior to those, say ala Tim Turner), you can draft an instrument, register its #, record the assignment to the Treasury (account holder of the offset bond: United States and all political subdivisions, agents and agencies thereof (every corporation is a subdivision of the U.S.); and then tender that for payment OR you can do a bankers acceptance (AfV the Statement, both sides) and turn the coupon (Coupon in French means lets cut) into a money order and tender payment, going directly through the Treasury (IRS Tech. Support Div.), sending just a copy to the CFO. Endorse the back of the coupon like a check and leave it attached. Notary gets a copy of everything; you of course keep a copy of everything; CFO of the bank gets copy of everything too, along with 9-210* showing zero balance. In 14 days you will have his agreement through notarys Certification of Non-Response and you have evidence of acceptance of AfV at Treasury. Accepted for Value. Exempt from Levy. Signature. Date. Exemption I.D. (SSN, no dashes). Deposit to the U.S. Treasury. Charge the same to: JOHN DOE, SSN with dashes. 45 degree angle across the face and the back. Include a full page (not cut out) 1040V (amount left blank) with all payments into Treasury, so that they will adjust the account. On the back, (via Tim Turner) where you would endorse if it was a check, all in the lower part of the voucher: Accepted for Value/ Returned for Value. Exempt from Levy - Pre-Paid Common Stock. Discharge all presentments and related fees. Adjust the balance to Zero. Private, prepaid Treasury Exemption # (SSN without dashes). CHARGE THE SAME TO: JOHN DOE, SSN with dashes. [(No Deposit statement) This is the wording that can be on the face of the Statement as well.] Signature. Research commercial paper and bankers acceptance. Its all there in the Title 12 of the U.S. Code and of course in the UCC. Stamp all copies as COPIES. On any instrument or money order you create, mark it Private (usually on the upper right). Without Recourse on bottom right. 2) During or after creating evidence of their acceptance of your payment, send in your Request Regarding Statement of Account (UCC, Article 9-210 for collateralized or secured debt*) to the CFO, signed by you under penalty of perjury that the account balance is zero. In commercial law, if they dont rebut that under penalty of perjury within 14 days, the balance is zero. They cannot allege the balance to be anything else, because they cannot validate the debt; they have no personal knowledge and no one at that

bank can attest to the balance. The get their information off of a computer screen and the computer doesnt have the capacity to take an oath or swear under penalty of perjury. Corporations can never make a claim; they are powerless in this regard. *9-210: Date; Debtor (JOHN DOE); Creditor (Bank); Account#; Collateral: The property commonly known as: full address (County of ___ Assessors parcel#). Persuant to UCC 9-210 must be stated. Balance: $___. I declare under penalty of perjury that the following statements are true, correct & complete to the best of my knowledge. [No need for jurat, but fine too.] 3) Send in record of payment to CFO. 4) Then, restructure the trust. 5) Then, clear your title. With proof of payment, zero statement account, proof of agreement of reforming the trust and new trust, all of the pieces are in place. The res, the corpus in the trust is the property. On bonds, Brandon uses 4 letters and 5 numbers - on Notes, he uses 2 letters, 7 numbers just because most securities have 9 digit identifiers. You register the bond with a registered mail #. Then you put notice of your registration on a UCC-1. Then you record your assignment of it. At bottom of list of presented documents: Notarys Certificate of mailing indicating that signed original is on file. $21 is declared value on the 3806 (not the value of the bond or note). $21 in stamps (which are actual currency) four $5 and one $1 (not metered) to keep it in international commerce. You may want to do a UCC Bailor Bailee filing (between the grantor and the trustee in your new trust) if youre doing a trust (like Winstons one page trust) the Bailor is the Grantor on the trust, puts into bailment the property for the trust who is now the Bailee (Debtor on the UCC-1), to manage. UCC 9-210. Want to levy against someone? Write them a check for $10. Get their bank account information.

Session 5 Registering & Assigning Interest (UCC1 + 3)


Tim Turner: AmericaCanBeFree.com All B/C bonds, Indemnity Bonds and such instruments are sent $21 postage, Registered Mail. Bond #s (entire sequences 10,000 indemnity bond issue #s; 10,000 offset bond issue #s; 10,000 PN issue #s) can be registered with UCC filings and then whenever you issue a bond or note, you assign to the initial UCC filing which claims this as your collateral. Take the file# from UCC registration of the bond or note as youre issuing the note, there will be an assignment that gets added to the UCC for this note. Each time you issue an instrument, there will be assignment of that instrument and each assignment refers back the original UCC-1 where all the #s are registered. Whoever you send it to is going to be the new Secured Party (assigned to them). You can

send copies of the original UCC-1 and relevant UCC-3s to them with the Note, so that they can exercise ordinary care. You were the Secured Party maker and issuer of the instrument. UCC-3ap to add additional assigned to parties adding U.S. Dept. of Treasury to Geithners as another assignee of the note. UCC-3 is either an amendment, an assignment or a termination. You need at least two indemnifiers in addition to you (Principal and two Sureties) (and two witnesses) four other people who are doing their bonds at the same time. Husband and wife and son or daughter can be on the same bond. B/C Bonds must be filed in order to be a surety on someones indemnity bond. Bond paper: 32lb., 100% cotton or linen, watermark. Heavyweight paper lasts 30 years. Bonds have borders. If theres fault in the instrument, they will send it back to you. If they keep them, they are agreeing to honor any tender or set offs you send in against these bonds. Offset bond is drawn on your indemnity bond. if youre planning to use BPNs to set off debt and you know already who youre going to be setting the debt off with, list banks, IRS and all the subdivisions and agents thereof, Oregon Dept. of Revenue (or FTB, etc,), State of __ and all agencies and agents thereof; etc. in the list of account holders. FTB and the State of California have the same EIN, so theyre basically the same entity. Sureties are on the bonds, so BPNs only require one signature. Tim Turner does 125% of the debt as the amount of the Note. Down there under For Credit To, there you will put the exact amount of the debt (+ interest, penalties and extra fees). Note is assigned to two parties: CFO and the Bank. If youre sending directly to the Treasury for set off of the debt, it would be Geithner on both the top and bottom of the note, rather than Tom Jones (CFO) Evidence of debt is AfVed on both sides, along with 1040V with endorsement stamp on the back of it. The Statement AfV is the deposit that allows you to fund the money order or the note. Uccconnect can be used to register bonds and notes on line as assignments, right before you mail them. There is no need to record them at the Co. level because theyre not attached to any property. [5minutes, $5]. UCCconnect wont allow a non-domestic address in B on the UCC-1. As the Executive Trusee of the public trust, youre filing your interest on the property for the public trust. Download all UCC filings onto your computer and get certified copy from the State. If you use a POBox, use it for the public entity, because you cant do non-domestic on your POB. U.S. Postal Service runs the box and they are a domestic entity. Dont abbreviate anything on a physical, non-domestic address.

City, State; near [97402] non-domestic, without the U.S. The B/C Bond is worth $100B, so you can issue up to $100B in indemnity bonds based upon your interest in the B/C bond. The $100B is just a chosen discount amount. B/C Bonds expire when you die. If youre born in another country, use your Naturalization Certificate or use your kids B/C as the security and you as the custodian of it to set up your B/C Bond with all your own information. [You created that trust too.] Ucc is a national notice system. If Oregon wont accept your filing, file in WA. However, if you want to attach your claim to real property, you have to record it into the Co. where the real property exists. In the sample UCC1 registering note #s for assignments, the Secured Party is the Executive Trustee in a $100B against the public trust. Here, the UCC1Ad is not needed. If this UCC1 for registering note #s for assignments is done in bailor/ bailee fashion, then, it would be reversed. The Executive Trustee (John Doe) would be in Box #1. The Bailee is like a trustee. The Secured party is the Bailor (JOHN DOE) putting collateral into trust. Box #5 is marked (Bailee/Bailor). Box #17 is checked (Debtor is a Trustee acting with respect to property held in trust). A UCC filing expires after 5 years if the Transmitting Utility Box is not checked. Box 3 on the UCC3 is for continuing it. Box #5 and the appropriate boxes within are for adding Debtors or Secured Parties or changing collateral. On the UCC-3 to assign a note, if you were sending the note directly to Treasury to set off the debt, Geithner and the Treasury would be on there, rather than Tome Jones and his bank.

Session 6 Public Remedies for Foreclosures


Lizette Many (most?) entities who are foreclosing do not have standing to do so. Judicial foreclosure State: In order for a bank or an entity to foreclose, they have to go through the court system to seek the foreclosure. Some of the judges are wanting them to show standing and they initially got the burden of that proof. Fla., N.Y. Non-Judicial foreclosure State: Bank does not have to go to court first; there are trustee sales in front of the courthouses. Banks serving your loans dont usually own the Note. If it was securitized (95% were), its owned by a trust pool. California follows Civil Code 2924 to give due process: Notice of Default with contact info and Opportunity to Cure - Notice of Trustee Sale; then 21 days to sell the property. Some States are mixed. To build your own claim on the public side: Already foreclosed: causes of action for Quiet title, wrongful foreclosure, etc. Yet to foreclose: challenge foreclosure in a Quiet Title action.

MERS: Mortgage Electronic Registration System, owned by all the major banks, created to make the mortgage recording process easier. Most of the loans have been digitized. If MERS was included in your Deed of Trust, your loan was securitized. MERS steps in as nominee beneficiary on your Deed of Trust; meaning another bank is beneficiary and theyre nominating MERS to be the beneficiary. The beneficiary initiates the foreclosure action and everything that they do is electronic. Sometimes MERS is the beneficiary, but theyre not doing the foreclosing. /s name = digital signature Only the beneficiary and holder of a Note has the right to foreclose, so it is good to find out who owns the Note. The servicing company doesnt own the note; therefore, doesnt have the right to foreclose. The bank servicer is a 3rd party non-beneficiary theyre acting on the part of somebody else. On Deed of Trust, MIN = mortgage identification number means that the loan was securitized. (The absence of a MIN does not mean that your loan was not securitized, Dig deeper into the records with a FOIA request or QWR. If they want to cooperate, any title company can get you the MIN if there is one. Once you find that your loan has been securitized or the pool that it belongs to, investigate the Pooling and Servicing Agreement (PSA); the agreement between the original lender and the current servicer (that you are not a party to). Half of the securitizations were public and can be found on line by googling the trust #. If youre not in default and you find that your loan was securitized and you find the PSA, you can do a Quiet Title action because under the PSA nothing has been assigned. The original lender on the Deed of Trust obviously doesnt own it. If in litigation, request temporary restraining order*, requesting that they enjoin (injunct) the trustee sale. File a quiet title action. Indicate CA Civil Code 2924 violations; 2932 or 2923.5, under Notices of Default, theyre required to sign under penalty of perjury that theyve contacted you in certain ways, which tend to get skipped a lot of banks are just using standard forms that dont meet the requirements and you can use as a public remedy to pull apart any claim they have, enjoining whatever you have going on with your quiet title action and you can stop the foreclosure or trustee sale or unlawful detainer. In the public you can use an attorney if you want get him or her to listen to this audio so they can be fully armed in putting together your causes of action. With a few causes of action, your case is strong. Once youve handled the public side, consider AfVing and make sure everyone is made whole on the private side. *The court may have a tender issue and insist that you post a bond with the temporary restraining order in the preliminary injunction phase. You can make arguments for or against it. Is a bond necessary when the property itself is its own security? Non-sympathetic judges may at least require the amount that youre in fault be posted on a bond the challenge here is that no bonding company will issue that. Past the preliminary injunction phase, this is usally not a problem. Quiet title action says we dont know who owns this property or there is a lien remove the lien because that entity should not have a lien on the property they have no interest. Because youre beyond the 120 days the SEC allows (they dont want to allow non-performing loans to be put into a pool), the other party cant file anything. By quieting the title, youre clearing the title so you dont have anything to worry about.

CA Civil Code 2924 and other codes were enacted prior to securitization they didnt anticipate that the bank wouldnt own the note and sometimes even the judges need to be led to understand and acknowledge your basic contract violation issues. They need to follow their PSA. [Same thing with credit card companies whove sold the loan Federal Debt Collection Practices Act; in CA, the Rosenthal Collections Practices Act they have to follow certain rules. Request a verified validation of the debt, signed under penalty of perjury (which they will never do). They cant file a lawsuit until they respond.] Save the letters when your loan is sold. When youre in foreclosure proceeding, be nit-picky with all of the documents. Who has signed? What are the dates? The document date does not have to match the acknowledgement date. Are they properly acknowledged by a notary? Always remember that they will never sign, asserting personal knowledge. CA Civil Code 2936(?): In California, they are not necessarily actually required to show the Note in a litigation case, but above is all still relevant. Did they provide due process? Are they just a servicer or are they actually the beneficiary? Do they have standing?; etc. Generally, once the mortgage note and Deed of Trust are complete at closing, theyre supposed to stay together when the note is sold it invalidates the Deed of Trust. They will usually say that they didnt separate them; they just lost the Note. Your Ace is the pooling & service agreement, because you can say: No, you didnt lose it; you sold it and your rights - and by the way, youre beyond your 120 days for anyone else to register any right in the property, so basically, whats happened is: the only party that have the right and interest you sold your right to do not have a lien. Again, quiet the title and get rid of the initial lien. Because youre beyond the 120 days, the party that bought the note doesnt car to have a security in the property anyway they have the note theyll lose the future income from that piece of their investment, but they will not try to attach an interest because they cant file a lien on your property. You can clear off that original Deed of Trust and get a clean title. Because there was no proper assignment and theyre outside the 120 day limit, the only party that could have an interest is made impotent. The note holder can never come back on you at this point. One good thing about having an IRS lien: the bank is not likely to foreclose if it is not cost effective for them. When the house has already been foreclosed, obviously you dont request a temporary restraining order and you probably have an unlawful detainer action to oppose as well. Know that unlawful detainers move very quickly you have only five days to respond. When you get the trial date, request a jury trial. This will give you more time. Get working on your discovery. Judges may say that you cant challenge title in an unlawful detainer as title is not an issue, but if you didnt fault or fall silent on your three day notice, you can bring up title. When you get that 3 day notice, stay in honor and immediately rebut their presumptions of interest or title or standing. They almost definitely will not have standing if you timely respond. If they have no standing, they have no right to possession. Dont just agree in silence - and always stay in honor.

When signatures are not required, even responding by email is documenting. A fax receipt is as good as a certificate of service in court. When directly under the gun, bankruptcy can be a useful tool to combat foreclosure because of the temporary stay. Also, they then have to prove that they are the actual creditor with standing. Nominee has no standing. MERS is never entitled to any payment, so how are they entitled to foreclose on the property? Mention that it is an unsecured debt and you dont know who the creditor is. They will probably not respond to this or put in a motion to lift the automatic stay most likely, their strategy will be to wait out the bankruptcy (and then take action again). Loan modification: There are requirements in the PSA that they hardly ever follow point out that they didnt follow their standards. One Action Rule: a lot of banks are forgetting or not recognizing that if an entity accepts payment after a Notice of Default, theyve lost their security. If they give you a permanent loan modification, youve entered a new contract. If you go through a temporary loan modification and you pay them for three months and then they tell you that youre not going to get a permanent loan modification, then demand that they return your payments to you. If they refuse, keep it in your record and you now have an action. They kept the funds after the Notice of Default theyve lost the security.

Session 7 Private Remedies for Foreclosures 1


WS Notice of Correction for Fraud to current trustee and current beneficiary if there have been assignments. Include old trustee and/or beneficiary if you want. Its all at the Recorders office. A the grantor, you have the power to revoke a trust that was founded upon fraud. Best to have a friend to work with, certainly someone you like and trust to be your new trustee. Whenever you have a jurat or a notary acknowledgement, make sure you meet the requirements of the State where you are getting the document notarized. In sample document, the Termination of Trust Indentures also terminates the Res or Corpus that had been placed into the trust. Put in another clause about what the trustor is putting into trust (the real property). The real property, commonly known as _____ is being placed into trust to be managed by the trustee. Notice to Cease & Desist 10 days later. Can be recorded even before you send the presentment out you can even say that it is a recorded document. You can record these two documents (on separate UCC-3s) as amendments to a UCC-1 bailor/ bailee filing [not debtor/ secured party] in the County; then you have a public record of the notices being served upon the parties. Bailee: Bill Brown, friend and trustee Bailor: John Doe, trustor John Henry Doe, bailee/ trustee Charles Smith. bailor & mortgage holder

UCC-1 Box #1: Bailee/ trustee the person in control of the property. Box #3: Bailor/ trustor the one who created the trust. Box #5: Bailee/ Bailor checked.

Box #6: checked. Box #17: 2nd box checked (Trustee acting with respect to property held in trust) UCC-3s To record Notice of Correction for Fraud and Cease & Desist into the public record can be filed as soon as you send the document out. Initial filing# in Box #1a Check #1b. Of course, the UCC-1 referenced in Box #1a would also have to be RE Records. Box #5 not checked as we are not amending the Party information. See attached Notice of Correction for Fraud. [Added collateral] Same thing but separate one for the Cease & Desist. Box #8: collateral added. These documents alone do not stop foreclosures you need to assert your interest. If this is filed soon enough, they have to give notice to the lienholders that theres going to be a sale Theyll send whoever the Secured Party is a Notice of Default. When you get the notice, assert your lien hold as the paramount security interest holder in the property. You been fired, Mr. Ex-Trustee you dont have the power of sale and heres a public record of the Notice of Correction for Fraud and the Notice to Cease & Desist attached to this property that I sent you via notary presentment. After 10 days, you have certification from your notary that they didnt respond, but you dont need them to respond. Youre not asking them to respond - it is just notice. By their failure to respond though, youve established that they have agreed. Even if they do respond, which is unlikely, keep control of the contract; keep your claim and your standing on top. Rebut presumptions; CAfV; affidavit of specific negative averment. In other words, create a process around whatever it is that they do to reinforce their agreement to my terms (they cant rebut). They might be sorry they responded because you can make it lead to a counter-claim worth several million dollars. Improvise. There is no cookie cutter solution, but create a solution no matter what happens. In California, you cant record real estate records with the State. Record can be recorded at the State level on line if the Co. Recorder is too much trouble. It wouldnt be attached to the property but it is a record. Have the documents scanned into pdf format; Go to the Secy of State website on line filing choose non-UCC filing and attach it. Boom there is a public record. Tim Turners Freedom Docs are great, but of course, you can take your stand where no documents are needed. Trustees Deed upon Sale cancels the Deed of Trust. Grant Deed (paramount security interest in the property) is at the County Recorder. Get a certified copy of everything ever filed on your property, including the land patent which may be a hundred years ago. Now, property is identified with a parcel#, a tax account. Metes & Bounds = physical description of land. Steel posts mark the 4 corners of your property these are your metes & bounds.

After the trustee sale (which changed possession), solutions are possible, but not a cutter one. You can do a commercial process after a trustee sale. Take possession back. The Grant Deed still records your interest on the property. Until there is another Grant Deed filed, it is your property and you have the paramount security interest. You dont even have to file any UCC-1s. The Trustees Deed upon Sale is like a Quit-claim Deed. It quit-claimed the trustees interest. Look on the Grant Deed and see if you can find the name of the trustee on there. You cant. Your interest lies on the Grant Deed. You give it away in the Deed of Trust. You have standing with the Grant Deed. Give 3 day notice do an unlawful detainer on the bank; get a writ of possession. File a Rescission of the Trustees Deed upon Sale. Notice the trustee and the purchaser (which is probably the bank who sold it). If youre not at the sale date yet, the rescission done with a self-executing specific power of attorney takes away the notice of trustee sale and the notice of default. After the sale, everything prior to the trustees deed upon sale does not exist. Establish whatever you want through agreement between the parties via a commercial process. We are all sovereign, but most have chosen to be subjects. See Bill Thornton: Deed of Trust. Karen Tappert: Revocation of Power of Attorney can be applied in many situations. Her process is thorough through coming up with a Grant Deed at the end. If someone is living in your house, dont kick them out. Go after damages with the bank. If theres not someone in the house, take the house back.

Session 8 Private Remedies for Foreclosures 2


Modification of commercial security agreement see 032010 private contract. Whoevers name the property is in is the Debtor. A savvy friend comes in as the creditor and creates a security interest in the property. Commercial Security Agreement, along with the Property List (which is attached), creates that security interest for the Secured Party. The SA is based upon a BPN for, say, $5M (property is only worth $1M), that the SP tenders to the Debtor, securing their interest. Then, SP forecloses on the property on the private side, giving notice to all of the creditors. Use in conjunction with something that is settling the account (AfV or BPN through the Treasury, etc.). Then, UCC-1 is filed on the property by the creditor (not as Bailee/ Bailor) on the person the Note was tendered for, for the value of the Note. Request Regarding Statement of Account can serve as notice to the CFO. You may also include a Notice of Tender for Set off, instructing the bank CFO that there has been a tender for set off, held by the Secy of Treasury heres a copy of the record of presentment of that tender along with the Request Regarding Statement of Account. This could be from either John Doe or Johns savvy friend friend would list JOHN DOE as Debtor. [perhaps you had bet him $5M that the patriots were going to win against the Rams and they didnt; hence Commercial Security Agreement]

CFO needs to sign under penalty of perjury if the balance is anything but zero. He wont, especially if included with a Record (showing tender is at the Treasury) and a Notice of Tender for Set off showing a zero balance. This is the UCC Code way of getting our Statement of Account. The certifier is the public trust, the Debtor. Only the Debtor can send a Request Regarding Statement of Account. Thats why signature has By: ___ and under that it says Executive Trustee for the Trust JOHN H.
DOE

When the notary certifies non-response after 14 days, youve got an authenticated record showing a zero balance on the property (whether Treasury accepted tender or not). Even in a judicial State, theres no need to take anyone to court in this process because the operation here is in commercial law (not statutory law where the banks generally operate). This can be used for credit cards too, but take reference to 9-210 out. Theyre agreeing. For format, see also UCC 9-610. Search the Co. record for all interest or liens on the property. Give them all notice, even the State tax board if they have a lien. If theres a 1st & 2nd mortgage, notify both banks. They may all have an interest, but yours is paramount. You dont even need to give them 10 days it is just given if they want to rebut to assert their interest, they have 10 days. If they assert a claim, obviously you must handle that in a commercial process. [Validation of Debt in simple form You claim to have an interest. My interest is a private, commercial lien, secured by an actual commercial security agreement. If your claim is a Deed of Trust, it is inferior to mine. Ill let you know if I have any proceeds left after the sale. This is your Notice of Sale. Notice of Disposition of Collateral. A Notary Seal is like a 2nd witness, so a notary is a double witness. In this process, we do not sell the property back to the debtor, but to another 3rd party. $21 silver with a private contract Bill of Sale and then recorded on a UCC-1 (Buyer/ Seller). File a new Grant Deed. Typically, zero is placed as the sale price of the house on a Grant Deed, probably because most people use debt (unsubstantial money) to buy a house. Even though the Grant Deed is paramount to a Deed of Trust, its usually worth $0. Your property was sold for $21 real silver dollars (money of substance or exchange). The buyer can do whatever they want with it. They can sell it back or otherwise grant it or convey it to the Debtor or into a trust controlled by the Debtor. In kind donations between not for profit organizations (public) are equivalent to barter in the private. Everything you do is separate from the money youre receiving for it. Youre acting as a bank. Labor & services are not a factor in banking. Only exchange of debt interests are a factor in banking.

Morman & Catholic churches are 508c1as (corporation soles) non-profits organizations who control lots of for profit entities. To remove an IRS lien, first settle the account (could be 9-210, BPN & Record of Notice of Tender for Set Off); then commercial process where IRS grants you a Specific POA; then, after their agreement and you have a record that they agreed (notary certificate of non-response), do a Release of Lien and record with the County. If you obtain s self-executing POA with any entity, you have the power over that entity. Revoke any POA you gave them; invoke your own POA over each of them; then you can file whatever you need to file clear your title, etc. Even without possession, you can get possession by establishing standing and interest in the property. When in a pinch: Notice bank and trustee of intent to reconvey. Theres a zero balance on the account and heres a record of it if you dont reconvey the property within the next 10 days, then I will presume that youre granting and conveying a Specific POW for me to execute documents on your behalf, to do so. Mention your fee schedule if they trespass on you in the future. Certify the non-response after 10 days and do what you want. [1:09] Before doing anything with your property, collect every bit information there is on your property in the public record. Also, communicate with the title company in case they have any other information. Perhaps, do a FOIA request. By the way, the definitions of Lender and Borrower on the Deed of Trust are names. On that document, those terms dont mean what we normally think they mean. They dont claim to have loaned you anything.