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March 20, 2010 Audios (8) and Documents: http://www.creditorsincommerce.com/audio-living-temple-201003.php
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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 don’t 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 haven’t made one – there’s no signature or bona-fide claim attached. CAfV: Brandon: Send me a verified claim and I’ll make sure it gets paid and I’ll 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 Brandon’s security interest, which is paramount. No one has a higher interest than Brandon
this is their opportunity to sign under penalty of perjury that it is not. including all the fruits of its labor. even in a State court.” Saving the Suiters Clause. they’ve produced no bona-fide claim. Validation is someone declaring. Brandon can enter the suit as claimant (Counter.in his public trust.or Cross-Plaintiff or Libellant). The United States won’t be showing up to court. so let’s get the damaged parties in here. the creator of the trust is the one being foreclosed upon and it is he who appointed the beneficiary and the trustee. Brandon is entitled to all the proceeds of his property. “This is private communication between the parties. corruption. . and it is he who has a right to change it. collusion. an $8M counter-claim against whoever initiated the suit who is trying to prejudice Brandon’s security interest without a claim. Attorneys and judges have immunity (limited liability) in equity. Always know in which of the 5 law forms you are operating in. that the debt is valid. Even your credit card bills are bundled and sold as a security. Even without perfecting claim. 3rd party debt collectors will pass it on. They’ll bundle your agreement to pay it back with a thousand other securities and sell them. Notice of Fault: They’ve had the 10+ days. Give them 45 days and the request that you get whatever they receive from the banks. The $8M charges will be in the court filing. along with everyone’s bonds. The Note had paid the Seller. UCC 9-210 [collateralized debt . They’re committing fraud. invoking admiralty. under penalty of perjury. If they think it is not a zero balance. etc. allows the invoking of admiralty (28 USC section 1333 subsection 1): Any court must recognize an admiralty claim by a claimant who brings it. Banks pretend that they loan you money and get you to agree to pay it back. they do not have immunity in admiralty concerning a contract on the private side – they have full commercial liability. Contact the credit reporting agencies and inform that that the black marks were not valid debts. Who’s 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. Who’s the real party of interest? The Claimant. for which there is a $1M penalty apiece. No one gets paid with a debt validation and typically. under penalty of perjury. who has a bon-fide claim under penalty of perjury. conspiracy. In the first place. Your process supports your position that there is a zero account balance – they accepted the Afv or PN or whatever for tender. trespass.there is a sample in the code] Request Regarding Statement of Account: You put zero balance. here’s the counterclaim. If they say that the ‘people’ are the real party of interest than let’s grab the phone books and start calling witnesses… Who is the damaged party? Damages are alleged. not as a representative of the Defendant or as the Defendant. Brandon holds a security interest in the Defendant and he has a claim.
B/Cs on bond paper with numbers were registered at the DTC. AMA The higher law form creates the lower and the lower cannot acknowledge its creator.] Q: “Are you a U. Everything is contract. not even FRNs. Make all parties whole. Banks and governments hardly ever have a claim. [You’re not a contributing beneficiary in a public trust (a U. citizen?” A: “What’s a U. Natural communication created commercial law. Grant Deed Political Law BAR Association has its own regulations – are you a party to any of it? No. only like God (ego) – the shame of judgment. be present. Everyone also has the ability to give up their rights when they contract as a corporate citizen (public) – a subject only has benefits & obligations. it identifies a trust. A subject-sovereign relationship is a trust relationship.Session 2 Creating Harmony Become the author of the contracts in your life. you have the right to do whatever you want in the private. 10 Commandments Admiralty (private international law) Claim of Life with stamp & flag (quantum language .D.S. Voluntary contracts between sovereigns Patent of Nativity [make sure yours has a border – 8-1/2”x14”] (not Certificate of Birth it is beyond all jurisdictions) Common Law – national & international standards of engagement Code of Hammurabi. All international law recognizes this. in a sense. .S. you’re the executive trustee of a private trust. don’t react – don’t assume anything. citizen?” B/C doesn’t identify Brandon. When going to court. you’re in court. Session 3 Law Forms Natural Law Oneness God Commercial Law (exchange) – (private) contract = law = credit & debt creation Duality and separateness.S. Every single individual is sovereign (king or queen) according to the UN Universal Declaration of Human Rights. along with a $50 gold coin in his pocket – and nothing else. Respond. but stand in the private. Whenever you’re with anyone. you’re 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.David Wynn Miller) By receiving benefits & privileges. Brandon carries two forms of I. whether expressed or implied. including an unlimited right to contract. We can create harmony between the public and the private worlds. Court is the legal relationship between two parties. citizen). As long as you are not harming anyone.: original Patent of Nativity and original Claim of Life.
a bond. Tax liens are common or commercial law. she’ll handle the debts. that which motivates a person to do something. registration and plates to the DMV and. but it was derived higher up. here’s a bond for setting off any damages I may cause in commerce…” Notify the DMV. Foremost. You could return your license. The questioner (without a position) controls the conversation and the contract. All arguers take positions. it is not positive law – it is private. After all. If you’re car is registered with the State.S. Mortgage lien or deed of trust (memorialization of a trust) is a form of security interest in property (statutory). so you’re not presumed to be a pirate.” Injured party should send their claim to the Sec’y of State… If they send it to you. it is a foreign agency. make your conditional acceptances applicable. You may not have known that you waived your right to travel by getting a driver’s license. the Sec’y of State needs to be noticed because it is your interface as a foreigner to and with the State. Co. Code is UCC just made more complicated. fee schedules. Without the bond. you send it to the Sec’y of Treasury. but you accepted the privilege of being a driver. etc. Anyone who banks is a bank. for their unauthorized stopping you and detaining you or unauthorized vessel seizing. it is the foundational structure of all law. but it is private commercial law or the highest form of common law. When in doubt. Private agreement lien is commercial law. “Contact the Sec’y of State – being the fiduciary and holder-in-due-course. rely on questions and conditional acceptances. etc. Give them notice of potential damages. you’ll most likely be designated as a domestic terrorist. Always coherently address the actual offer that you receive. The U. say $5M. especially to engage in a legal act.S. you really don’t know anything. IRS is not an agency of the U. records has statutory authority. You can rebut that presumption.S. Consideration = Something such as an act. Judges are trained to have you indict yourself – don’t do it. UCC4: You operate as a banker. UNICTRL Buck Act created corporations overlaid over states: State of California (political subdivision of U. “I’ll be traveling through the state of California for private purposes – here’s the plates I will be putting on my car. a forbearance or a return promise bargained for and received by a promisor from a promisee. notify the public that you’ve done so. there is a presumption that you’re operating a commercial vehicle. Every country has some code that matches the UCC. Anything recorded at Co. Mechanics liens even are statutory. the State police.Records of property interest originate from different law forms. UCC is codified. so you have no position to defend.. Every nation’s laws conform to the UCC. Basically.. you can be free. – satatutory law) or Republic of California (sovereign but bankrupt entity – common law). [Black’s] The reason or material cause of a contract. . Silent acquiescense = reason or consideration. IRC is statutory. It was not activated or legislated. DOT. sheriffs. Everyone gets a photocopy of the plate.
they provide fire dept. water. Certificate of Service for summons. Grant Deeds are equitable title. Their title. Documents of title: Grant Deed (Warranty Deed in some states which is also warranty of the title. Judgment in favor of the plaintiff. the defendant doesn’t even show up. guaranteeing clear title) Clear title = no other interests. no one has any right to any of the land. Requirements for Unlawful Detainer: Serve a 3 day notice. being fictional. The Co. not legal title or controlling interest in the property. The Grant Deed is your interest. though we tend to associate title with right to possession. Every unlawful detainer always has 2 witnesses: one witnesses the presentment of the three day notice. it is a trustee granting and conveying their interest in the property which doesn’t exist. Tenants have only temporary hold on a property. holds controlling interest in almost everyone’s property. An unlawful detainer has nothing to do with title. Pre-1933: Land Grants. parks. Serve a summons & complaint for unlawful detainer. . no liens Be careful buying (non-warranted) property at auctions that may have liens on them. because the State. Land Patents Since then. police. If you acquire the interest in a land patent. Certification of Non-Response the 3 day notice. Everyone else on the land (other subdivisions) are tenants with rights. that someone else has an interest in. even the State. Did you get the three day notice? Did you get the summons for unlawful detainer? Most of the time. The land patent was established. Deed of Trust is an agreement on top of the title. He who has legal title. Everyone has abandoned their interest. They’re not even on the Trustee’s Deed of Trust – they’re just the trustee. The patents are still sitting there in the County records. receives the property tax. it was just never conveyed. but you can tax them for being on your land. street sweeping and other benefits. a trustee’s deed upon sale is meaningless. sewage. They’re not on the Grant Deed. the other witness presented the summons and complaint for unlawful detainer. It used to be that people conveyed their patents to their heirs. cannot acquire the patent. so they step in as constructive trustee (as no one else is running the trust) and collect the taxes. In exchange.Session 4 Title & Account Property title is split. it is you who collects the property tax on that property. The County has acknowledged that the interest in the land has been abandoned.
Thanks for nothing. your approach can be that there is no debt on this property anymore. your interest is superior to anyone on a Deed of Trust. file an unlawful detainer case. Trustee’s Deed upon Sale is like a Quit-claim Deed in that it conveys only the interest (possession) that you plan to hold. If you’ve got a Grant Deed. there was no disclosure in this agreement – I didn’t realize I already paid for the house. Send summons to the bank. you need a claim and you need agreement of the debtor. obviously you have interest in the property. which is a valid approach. such as non-disclosure. immaterial & irrelevant…” To file a financing statement. etc. how do you approach the account side in this case? It’s almost contradictory to make a payment on your account after talking about how fraudulent the whole thing was. If you make the payment first.” Without full disclosure. Refuse for Cause can be used when there is something missing from their offer.” To Refuse for Cause. and 2) the account is a secured debt. in fact. there has to be an interest. The Grant Deed was filed first – first in line. basically in common law as opposed to statutory law. . When they don’t respond within 3 days. you can’t ignore them if they come after you again. The trustee has no interest in the actual property until they sell it. If you’re going the fraud route (they never lent you any money. gave disclosure. Brandon gave an example of serving all his neighbors. Winston gets it done with as few documents as possible. 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. the substance of their offer must be lacking. Decompile their trust. I’m firing you as trustee and you (the bank) as beneficiary. Tappert’s is probably more comprehensive. create a new trust. It’s simple to flip it around. I am not a party to this contract. there is fraud. by simple contract. but it depends upon how you plan to handle the title. Otherwise. It’s the paramount security interest. debtor can file a UCC-3 and terminate it. If it was reversed and some neighbor was doing it you. Put a 3 day notice on the door and send a 3 day notice to the bank. Winston Shrout’s and Karen Tappert’s approaches are in this line. “No. Here’s the new trustee and beneficiary. with 72 hours: Refused for Cause Without Dishonor. changes the locks and gives you the key. Remember to handle both. When they don’t show up. Brandon would approach the account first. which turns into a writ of possession that you take to the sheriff.). The Trustee’s Deed upon Sale conveyed possession even though they didn’t have it yet. Also. then they have possession. first in time.In the background. Notice of Correction for Fraud: “Hey. WS employs two basic documents: 1. Generally. you get judgment in your favor. Sheriff goes to the house. “…inconsequential.
Endorse the back of the coupon like a check and leave it attached. Without Recourse on bottom right. Using notary presentment in every step: 1) Send in payment. (SSN. This contract in private international law is the authority of law in this matter OR this is a private contract between the parties. say ala Tim Turner). In 14 days you will have his agreement through notary’s Certification of Non-Response and you have evidence of acceptance of AfV at Treasury. Private. It’s all there in the Title 12 of the U. (via Tim Turner) where you would endorse if it was a check. 45 degree angle across the face and the back. 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. Code and of course in the UCC. no dashes). Adjust the balance to Zero. Deposit to the U. You. CHARGE THE SAME TO: JOHN DOE. Trusts don’t have to be books. you can write “this is a private contract between the parties”. mark it Private (usually on the upper right). the beneficiaries and the grantor. Exempt from Levy . The property is identified as are the trustees. 2) During or after creating evidence of their acceptance of your payment. and then tender that for payment OR you can do a banker’s acceptance (AfV the Statement.S. [as simple as that]. have the power to revoke.S. then. they have no personal knowledge and no one at that . the former beneficiary. prepaid Treasury Exemption # (SSN without dashes). Exempt from Levy. sending just a copy to the CFO. because they cannot validate the debt.His Notice of Correction for Fraud is actually a one page trust. the balance is zero. the trustor. Support Div. Article 9-210 for collateralized or secured debt*) to the CFO. SSN with dashes. along with 9-210* showing zero balance. even in an irrevocable trust. Charge the same to: JOHN DOE. both sides) and turn the coupon (Coupon in French means “let’s cut”) into a money order and tender payment. all in the lower part of the voucher: Accepted for Value/ Returned for Value. Notary gets a copy of everything. at least 10 days later (when you gave them 72 hours): 2. Signature. going directly through the Treasury (IRS Tech. They cannot allege the balance to be anything else. register its #. Treasury. Notice of Tender of Set off.” Putting your house in a new trust can be as simple as these two documents. It’s a private trust (rather than statutory) if you do it right. so that they will adjust the account. or rather. you of course keep a copy of everything. On the back.D. [(No Deposit statement) This is the wording that can be on the face of the Statement as well.). Notice to Cease & Desist to both the former trustee and the bank.Pre-Paid Common Stock. Research commercial paper and banker’s acceptance. Date. Exemption I. Accepted for Value. record the assignment to the Treasury (account holder of the offset bond: “United States and all political subdivisions.).] Signature. In commercial law. On any instrument or money order you create. Stamp all copies as COPIES. Discharge all presentments and related fees. The trustee has duties. “You’re no longer the trustee. SSN with dashes. when there’s fraud. Stop it. This defines it in private jurisdiction. you can draft an instrument. At the top of most presentment you issue. signed by you under penalty of perjury that the account balance is zero. but you can be vague: it’s the trustee’s duty to manage the property for the benefit of the beneficiary. if they don’t rebut that under penalty of perjury within 14 days. Include a full page (not cut out) 1040V (amount left blank) with all payments into Treasury. send in your Request Regarding Statement of Account (UCC. CFO of the bank gets copy of everything too. agents and agencies thereof” (every corporation is a subdivision of the U.S.
You can . restructure the trust. 4) Then. you assign to the initial UCC filing which claims this as your collateral. Persuant to UCC 9-210 must be stated. zero statement account. Account#. clear your title.000 PN issue #s) can be registered with UCC filings and then whenever you issue a bond or note. all of the pieces are in place. the corpus in the trust is the property. Bond #s (entire sequences – 10. but fine too. there will be assignment of that instrument and each assignment refers back the original UCC-1 where all the #s are registered. Then you put notice of your registration on a UCC-1. Session 5 Registering & Assigning Interest (UCC1 + 3) Tim Turner: AmericaCanBeFree.000 indemnity bond issue #s.bank can attest to the balance. 10. Corporations can never make a claim. Indemnity Bonds and such instruments are sent $21 postage. 7 numbers – just because most securities have 9 digit identifiers. correct & complete to the best of my knowledge. [No need for jurat. Whoever you send it to is going to be the new Secured Party (assigned to them). At bottom of list of presented documents: Notary’s Certificate of mailing indicating that signed original is on file. Collateral: The property commonly known as: full address (County of ___ Assessor’s parcel#). The get their information off of a computer screen and the computer doesn’t have the capacity to take an oath or swear under penalty of perjury.com All B/C bonds.on Notes. Then you record your assignment of it.000 offset bond issue #s. Debtor (JOHN DOE). Balance: $___. he uses 2 letters. $21 is declared value on the 3806 (not the value of the bond or note). proof of agreement of reforming the trust and new trust. $21 in stamps (which are actual currency) – four $5 and one $1 (not metered) to keep it in international commerce. Take the file# from UCC registration of the bond or note – as you’re issuing the note. Brandon uses 4 letters and 5 numbers . 10. Creditor (Bank). The res. 5) Then. Want to levy against someone? Write them a check for $10. With proof of payment. I declare under penalty of perjury that the following statements are true. You may want to do a UCC Bailor Bailee filing (between the grantor and the trustee in your new trust) if you’re doing a trust (like Winston’s one page trust) – the Bailor is the Grantor on the trust. to manage. On bonds. Registered Mail. *9-210: Date. Each time you issue an instrument. Get their bank account information.] 3) Send in record of payment to CFO. they are powerless in this regard. You register the bond with a registered mail #. UCC 9-210. there will be an assignment that gets added to the UCC for this note. puts into bailment the property for the trust who is now the Bailee (Debtor on the UCC-1).
. non-domestic address. along with 1040V with endorsement stamp on the back of it. of Treasury to Geithner’s as another assignee of the note. list banks. so they’re basically the same entity. Sureties are on the bonds. rather than Tom Jones (CFO) Evidence of debt is AfVed on both sides. UCC-3 is either an amendment. level because they’re not attached to any property. UCC-3ap to add additional assigned to parties – adding U. of Revenue (or FTB. it would be Geithner on both the top and bottom of the note. U.). Dept. If you’re sending directly to the Treasury for set off of the debt. FTB and the State of California have the same EIN. If there’s fault in the instrument. you’re filing your interest on the property for the public trust. State of __ and all agencies and agents thereof. Uccconnect can be used to register bonds and notes on line as assignments. right before you mail them. Download all UCC filings onto your computer and get certified copy from the State. . because you can’t do non-domestic on your POB. Bond paper: 32lb. IRS and all the subdivisions and agents thereof. If they keep them. B/C Bonds must be filed in order to be a surety on someone’s indemnity bond. Oregon Dept. there you will put the exact amount of the debt (+ interest. If you use a POBox. Down there under For Credit To. $5]. Tim Turner does 125% of the debt as the amount of the Note. in the list of account holders. The Statement AfV is the deposit that allows you to fund the money order or the note. There is no need to record them at the Co. 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. 100% cotton or linen. so that they can exercise ordinary care. they are agreeing to honor any tender or set offs you send in against these bonds.S. Heavyweight paper lasts 30 years. an assignment or a termination. Offset bond is drawn on your indemnity bond. watermark. Husband and wife and son or daughter can be on the same bond.S. they will send it back to you. penalties and extra fees). Bonds have borders. Don’t abbreviate anything on a physical. Note is assigned to two parties: CFO and the Bank. etc. so BPNs only require one signature. if you’re planning to use BPNs to set off debt and you know already who you’re going to be setting the debt off with. As the Executive Trusee of the public trust. Postal Service runs the box and they are a domestic entity. You were the Secured Party maker and issuer of the instrument. use it for the public entity.send copies of the original UCC-1 and relevant UCC-3s to them with the Note. etc. UCCconnect won’t allow a non-domestic address in B on the UCC-1. [5minutes.
Here. Judicial foreclosure State: In order for a bank or an entity to foreclose. Yet to foreclose: challenge foreclosure in a Quiet Title action. without the U. they have to go through the court system to seek the foreclosure. Box #17 is checked (Debtor is a Trustee acting with respect to property held in trust). The Secured party is the Bailor (JOHN DOE) putting collateral into trust. If you’re born in another country. If this UCC1 for registering note #s for assignments is done in bailor/ bailee fashion. there are trustee sales in front of the courthouses. Session 6 Public Remedies for Foreclosures Lizette Many (most?) entities who are foreclosing do not have standing to do so. Box 3 on the UCC3 is for continuing it. . the Secured Party is the Executive Trustee in a $100B against the public trust. Banks serving your loans don’t usually own the Note. [You created that trust too. State. Box #5 and the appropriate boxes within are for adding Debtors or Secured Parties or changing collateral. The Bailee is like a trustee. then. etc. To build your own claim on the public side: Already foreclosed: causes of action for Quiet title. it’s owned by a trust pool. Fla.Notice of Trustee Sale.Y. then 21 days to sell the property. the UCC1Ad is not needed.City. Some of the judges are wanting them to show standing and they initially got the burden of that proof. If it was securitized (95% were). use your Naturalization Certificate or use your kid’s B/C as the security and you as the custodian of it to set up your B/C Bond with all your own information. so you can issue up to $100B in indemnity bonds based upon your interest in the B/C bond. In the sample UCC1 registering note #s for assignments.S. The $100B is just a chosen discount amount. you have to record it into the Co. However. rather than Tome Jones and his bank. it would be reversed. The Executive Trustee (John Doe) would be in Box #1. Some States are mixed. On the UCC-3 to assign a note. where the real property exists.] Ucc is a national notice system. B/C Bonds expire when you die. California follows Civil Code 2924 to give due process: Notice of Default with contact info and Opportunity to Cure . Box #5 is marked (Bailee/Bailor). wrongful foreclosure. The B/C Bond is worth $100B. if you want to attach your claim to real property. if you were sending the note directly to Treasury to set off the debt. A UCC filing expires after 5 years if the Transmitting Utility Box is not checked. near  non-domestic. Non-Judicial foreclosure State: Bank does not have to go to court first. If Oregon won’t accept your filing. N.. Geithner and the Treasury would be on there. file in WA.
You can make arguments for or against it. If in litigation. Once you find that your loan has been securitized or the pool that it belongs to. . If MERS was included in your Deed of Trust. Is a bond necessary when the property itself is its own security? Non-sympathetic judges may at least require the amount that you’re in fault be posted on a bond – the challenge here is that no bonding company will issue that. Once you’ve handled the public 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 do a Quiet Title action because under the PSA nothing has been assigned. created to make the mortgage recording process easier. therefore. The servicing company doesn’t own the note. the other party can’t file anything. but they’re not doing the foreclosing. /s name = digital signature Only the beneficiary and holder of a Note has the right to foreclose. The beneficiary initiates the foreclosure action and everything that they do is electronic. The bank servicer is a 3rd party non-beneficiary – they’re acting on the part of somebody else. If you’re not in default and you find that your loan was securitized and you find the PSA. which tend to get skipped – a lot of banks are just using standard forms that don’t meet the requirements and you can use as a public remedy to pull apart any claim they have. Sometimes MERS is the beneficiary. doesn’t have the right to foreclose. any title company can get you the MIN if there is one. If they want to cooperate. your loan was securitized. Most of the loans have been digitized. MIN = mortgage identification number – means that the loan was securitized. enjoining whatever you have going on with your quiet title action and you can stop the foreclosure or trustee sale or unlawful detainer. File a quiet title action. consider AfVing and make sure everyone is made whole on the private side. you’re clearing the title so you don’t have anything to worry about. your case is strong. MERS steps in as nominee beneficiary on your Deed of Trust. With a few causes of action. investigate the Pooling and Servicing Agreement (PSA). the agreement between the original lender and the current servicer (that you are not a party to). under Notices of Default. 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. The original lender on the Deed of Trust obviously doesn’t own it. Dig deeper into the records with a FOIA request or QWR. Because you’re beyond the 120 days the SEC allows (they don’t want to allow non-performing loans to be put into a pool). (The absence of a MIN does not mean that your loan was not securitized. so it is good to find out who owns the Note.5.MERS: Mortgage Electronic Registration System. By quieting the title. requesting that they enjoin (injunct) the trustee sale. On Deed of Trust. 2932 or 2923. owned by all the major banks. they’re required to sign under penalty of perjury that they’ve contacted you in certain ways. meaning another bank is beneficiary and they’re nominating MERS to be the beneficiary. Quiet title action says we don’t 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. Half of the securitizations were public and can be found on line by googling the trust #. Indicate CA Civil Code 2924 violations. request temporary restraining order*. this is usally not a problem. Past the preliminary injunction phase.
Know that unlawful detainers move very quickly – you have only five days to respond. they just lost the Note. They almost definitely will not have standing if you timely respond. Who has signed? What are the dates? The document date does not have to match the acknowledgement date. in CA. If they have no standing. the only party that could have an interest is made impotent. they are not necessarily actually required to show the Note in a litigation case. the party that bought the note doesn’t car to have a security in the property anyway – they have the note – they’ll lose the future income from that piece of their investment. stay in honor and immediately rebut their presumptions of interest or title or standing. be nit-picky with all of the documents. the Rosenthal Collections Practices Act – they have to follow certain rules. once the mortgage note and Deed of Trust are complete at closing. you didn’t lose it. They need to follow their PSA. This will give you more time. so basically. asserting personal knowledge. request a jury trial. Are they properly acknowledged by a notary? Always remember that they will never sign. When you get the trial date. They will usually say that they didn’t separate them. but above is all still relevant. [Same thing with credit card companies who’ve sold the loan – Federal Debt Collection Practices Act. because you can say: “No. Your Ace is the pooling & service agreement. what’s happened is: the only party that have the right and interest you sold your right to do not have a lien. When you’re in foreclosure proceeding. . Generally.CA Civil Code 2924 and other codes were enacted prior to securitization – they didn’t anticipate that the bank wouldn’t own the note and sometimes even the judges need to be led to understand and acknowledge your basic contract violation issues.” Again. they have no right to possession.and always stay in honor. you can bring up title. but they will not try to attach an interest because they can’t file a lien on your property. Get working on your discovery. etc. you’re beyond your 120 days for anyone else to register any right in the property. Request a verified validation of the debt. One good thing about having an IRS lien: the bank is not likely to foreclose if it is not cost effective for them. obviously you don’t request a temporary restraining order and you probably have an unlawful detainer action to oppose as well. Don’t just agree in silence . Because there was no proper assignment and they’re outside the 120 day limit. When you get that 3 day notice.and by the way. Judges may say that you can’t challenge title in an unlawful detainer as title is not an issue. Because you’re beyond the 120 days. You can clear off that original Deed of Trust and get a clean title.] Save the letters when your loan is sold. They can’t file a lawsuit until they respond. Did they provide due process? Are they just a servicer or are they actually the beneficiary? Do they have standing?. When the house has already been foreclosed. CA Civil Code 2936(?): In California. you sold it and your rights . signed under penalty of perjury (which they will never do). they’re supposed to stay together – when the note is sold it invalidates the Deed of Trust. The note holder can never come back on you at this point. quiet the title and get rid of the initial lien. but if you didn’t fault or fall silent on your three day notice.
make sure you meet the requirements of the State where you are getting the document notarized. Loan modification: There are requirements in the PSA that they hardly ever follow – point out that they didn’t follow their standards. Put in another clause about what the trustor is putting into trust (the real property). certainly someone you like and trust to be your new trustee. they’ve lost their security. “The real property. the Termination of Trust Indentures also terminates the Res or Corpus that had been placed into the trust. keep it in your record and you now have an action. you have the power to revoke a trust that was founded upon fraud. In sample document. It’s all at the Recorder’s office. If they give you a permanent loan modification. Include old trustee and/or beneficiary if you want. Can be recorded even before you send the presentment out – you can even say that it is a recorded document. Box #3: Bailor/ trustor – the one who created the trust. even responding by email is documenting. 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. MERS is never entitled to any payment. their strategy will be to wait out the bankruptcy (and then take action again). If they refuse. Session 7 Private Remedies for Foreclosures 1 WS Notice of Correction for Fraud to current trustee and current beneficiary if there have been assignments. bankruptcy can be a useful tool to combat foreclosure because of the temporary stay. Best to have a friend to work with. Box #5: Bailee/ Bailor checked. then demand that they return your payments to you. If you go through a temporary loan modification and you pay them for three months and then they tell you that you’re not going to get a permanent loan modification. When directly under the gun. friend and trustee Bailor: John Doe. They will probably not respond to this or put in a motion to lift the automatic stay – most likely. A fax receipt is as good as a certificate of service in court.” Notice to Cease & Desist 10 days later. A the grantor. then you have a public record of the notices being served upon the parties. Whenever you have a jurat or a notary acknowledgement. . trustor John Henry Doe. you’ve entered a new contract. bailee/ trustee Charles Smith. One Action Rule: a lot of banks are forgetting or not recognizing that if an entity accepts payment after a Notice of Default. bailor & mortgage holder UCC-1 Box #1: Bailee/ trustee – the person in control of the property. so how are they entitled to foreclose on the property? Mention that it is an unsecured debt and you don’t know who the creditor is. Also. they then have to prove that they are the actual creditor with standing. commonly known as _____ is being placed into trust to be managed by the trustee. Nominee has no standing.When signatures are not required. They kept the funds after the Notice of Default – they’ve lost the security. Bailee: Bill Brown.
It wouldn’t be attached to the property but it is a record.it is just notice. Boom – there is a public record. keep your claim and your standing on top. They might be sorry they responded because you can make it lead to a counter-claim worth several million dollars.Box #6: checked. Even if they do respond. Initial filing# in Box #1a Check #1b. “See attached Notice of Correction for Fraud. but of course. These documents alone do not stop foreclosures – you need to assert your interest. you have certification from your notary that they didn’t respond. Now. the UCC-1 referenced in Box #1a would also have to be RE Records. keep control of the contract.” [Added collateral] Same thing but separate one for the Cease & Desist. Record can be recorded at the State level on line if the Co. create a process around whatever it is that they do to reinforce their agreement to my terms (they can’t rebut). Metes & Bounds = physical description of land. Grant Deed (paramount security interest in the property) is at the County Recorder. Steel posts mark the 4 corners of your property – these are your metes & bounds. you can’t record real estate records with the State. Go to the Sec’y of State website – on line filing – choose non-UCC filing and attach it.” After 10 days. When you get the notice. . Of course. which is unlikely. Rebut presumptions. including the land patent which may be a hundred years ago. property is identified with a parcel#. In other words. Trustee’s Deed upon Sale cancels the Deed of Trust. Recorder is too much trouble. Ex-Trustee – you don’t have the power of sale – and here’s 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. “You been fired. CAfV. Box #5 not checked as we are not amending the Party information. There is no cookie cutter solution. a tax account. By their failure to respond though. 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. Get a certified copy of everything ever filed on your property. Improvise. Box #8: collateral added. You’re not asking them to respond . If this is filed soon enough. you can take your stand where no documents are needed. assert your lien hold as the paramount security interest holder in the property. you’ve established that they have agreed. affidavit of specific negative averment. Mr. Have the documents scanned into pdf format. they have to give notice to the lienholders that there’s going to be a sale – They’ll send whoever the Secured Party is a Notice of Default. but create a solution no matter what happens. Tim Turner’s Freedom Docs are great. but you don’t need them to respond. In California.
Request Regarding Statement of Account can serve as notice to the CFO. Commercial Security Agreement. Then. SP forecloses on the property on the private side. It quit-claimed the trustee’s interest. giving notice to all of the creditors. don’t kick them out. The Trustee’s Deed upon Sale is like a Quit-claim Deed. Use in conjunction with something that is settling the account (AfV or BPN through the Treasury. Then. If you’re not at the sale date yet. say. If there’s not someone in the house. Look on the Grant Deed and see if you can find the name of the trustee on there. Until there is another Grant Deed filed. take the house back. solutions are possible. creates that security interest for the Secured Party. etc. get a writ of possession. You have standing with the Grant Deed. Whoever’s name the property is in is the Debtor. Take possession back. but not a cutter one. You can’t. hence Commercial Security Agreement] . We are all sovereign. UCC-1 is filed on the property by the creditor (not as Bailee/ Bailor) on the person the Note was tendered for.). You don’t even have to file any UCC-1s. Establish whatever you want through agreement between the parties via a commercial process. The Grant Deed still records your interest on the property. Give 3 day notice… do an unlawful detainer on the bank. After the sale. but most have chosen to be subjects. Notice the trustee and the purchaser (which is probably the bank who sold it). that the SP tenders to the Debtor. File a Rescission of the Trustee’s Deed upon Sale. Go after damages with the bank. for the value of the Note. the rescission done with a self-executing specific power of attorney takes away the notice of trustee sale and the notice of default. $5M (property is only worth $1M). If someone is living in your house. This could be from either John Doe or John’s savvy friend – friend would list JOHN DOE as Debtor. You can do a commercial process after a trustee sale. held by the Sec’y of Treasury –“ here’s a copy of the record of presentment of that tender along with the Request Regarding Statement of Account”. You give it away in the Deed of Trust.After the trustee sale (which changed possession). securing their interest. Session 8 Private Remedies for Foreclosures 2 Modification of commercial security agreement – see 032010 private contract. Your interest lies on the Grant Deed. You may also include a Notice of Tender for Set off. Her process is thorough through coming up with a Grant Deed at the end. See Bill Thornton: Deed of Trust. A savvy friend comes in as the creditor and creates a security interest in the property. everything prior to the trustee’s deed upon sale does not exist. Karen Tappert: Revocation of Power of Attorney can be applied in many situations. The SA is based upon a BPN for. instructing the bank CFO that there has been a tender for set off. [perhaps you had bet him $5M that the patriots were going to win against the Rams and they didn’t. it is your property and you have the paramount security interest. along with the Property List (which is attached).
That’s why signature has By: ___ and under that it says “Executive Trustee for the Trust JOHN H. Typically. notify both banks. If your claim is a Deed of Trust. You’re acting as a bank. Only exchange of debt interests are a factor in banking. File a new Grant Deed. I’ll let you know if I have any proceeds left after the sale. we do not sell the property back to the debtor. Labor & services are not a factor in banking. even the State tax board if they have a lien. A Notary Seal is like a 2nd witness. In kind donations between not for profit organizations (public) are equivalent to barter in the private. For format. .CFO needs to sign under penalty of perjury if the balance is anything but zero. DOE” When the notary certifies non-response after 14 days. [Validation of Debt in simple form “You claim to have an interest. so a notary is a double witness. it is inferior to mine. Even though the Grant Deed is paramount to a Deed of Trust. you’ve got an authenticated record showing a zero balance on the property (whether Treasury accepted tender or not). it’s usually worth $0. $21 silver with a private contract Bill of Sale and then recorded on a UCC-1 (Buyer/ Seller). They’re agreeing. They can sell it back or otherwise grant it or convey it to the Debtor or into a trust controlled by the Debtor. especially if included with a Record (showing tender is at the Treasury) and a Notice of Tender for Set off showing a zero balance. Your property was sold for $21 – real silver dollars (money of substance or exchange). Even in a judicial State. Give them all notice. They may all have an interest. My interest is a private. The buyer can do whatever they want with it. You don’t even need to give them 10 days – it is just given – if they want to rebut to assert their interest. see also UCC 9-610. This is the UCC Code way of getting our Statement of Account. there’s 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. zero is placed as the sale price of the house on a Grant Deed. Notice of Disposition of Collateral. but to another 3rd party. commercial lien. Only the Debtor can send a Request Regarding Statement of Account. Everything you do is separate from the money you’re receiving for it. the Debtor. they have 10 days. Search the Co. secured by an actual commercial security agreement. but take reference to 9-210 out. probably because most people use debt (unsubstantial money) to buy a house. obviously you must handle that in a commercial process. If there’s a 1st & 2nd mortgage. record for all interest or liens on the property. The certifier is the public trust. He won’t. If they assert a claim.” This is your Notice of Sale. In this process. but your’s is paramount.
BPN & Record of Notice of Tender for Set Off). Perhaps. On that document. to do so. do a Release of Lien and record with the County. Certify the non-response after 10 days and do what you want. communicate with the title company in case they have any other information. those terms don’t mean what we normally think they mean. then I will presume that you’re granting and conveying a Specific POW for me to execute documents on your behalf. If you obtain s self-executing POA with any entity. Even without possession. invoke your own POA over each of them. the definitions of Lender and Borrower on the Deed of Trust are names.” Mention your fee schedule if they trespass on you in the future. after their agreement and you have a record that they agreed (notary certificate of non-response). They don’t claim to have loaned you anything. [1:09] Before doing anything with your property. Also. you have the power over that entity. “There’s a zero balance on the account and here’s a record of it – if you don’t reconvey the property within the next 10 days. etc. then. then commercial process where IRS grants you a Specific POA. Revoke any POA you gave them. you can get possession by establishing standing and interest in the property.Morman & Catholic churches are 508c1a’s (corporation soles) – non-profits organizations who control lots of for profit entities. . To remove an IRS lien. then you can file whatever you need to file… clear your title. When in a pinch: Notice bank and trustee of intent to reconvey. first settle the account (could be 9-210. collect every bit information there is on your property in the public record. By the way. do a FOIA request.
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