Living Temple Workshop NotesBrandon 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 recipient’s 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 recipient’s 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 recipient’s 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 [email protected]. 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 Attorneys and judges have immunity (limited liability) in equity. UCC 9-210 [collateralized debt . under penalty of perjury. 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. this is their opportunity to sign under penalty of perjury that it is not. including all the fruits of its labor.in his public trust. along with everyone’s bonds. Your process supports your position that there is a zero account balance – they accepted the Afv or PN or whatever for tender. Notice of Fault: They’ve had the 10+ days. They’ll bundle your agreement to pay it back with a thousand other securities and sell them. so let’s get the damaged parties in here. even in a State court. The $8M charges will be in the court filing. etc. They’re committing fraud. for which there is a $1M penalty apiece. Brandon can enter the suit as claimant (Counter. trespass. 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. under penalty of perjury. an $8M counter-claim against whoever initiated the suit who is trying to prejudice Brandon’s security interest without a claim.there is a sample in the code] Request Regarding Statement of Account: You put zero balance. If they think it is not a zero balance. In the first place. Validation is someone declaring. who has a bon-fide claim under penalty of perjury. they’ve produced no bona-fide claim. 3rd party debt collectors will pass it on. Give them 45 days and the request that you get whatever they receive from the banks.” Saving the Suiters Clause. Even without perfecting claim. Brandon holds a security interest in the Defendant and he has a claim.or Cross-Plaintiff or Libellant). Contact the credit reporting agencies and inform that that the black marks were not valid debts. here’s the counterclaim. No one gets paid with a debt validation and typically. Who’s the real party of interest? The Claimant. The Note had paid the Seller. . collusion. the creator of the trust is the one being foreclosed upon and it is he who appointed the beneficiary and the trustee. conspiracy. allows the invoking of admiralty (28 USC section 1333 subsection 1): Any court must recognize an admiralty claim by a claimant who brings it. Even your credit card bills are bundled and sold as a security. Always know in which of the 5 law forms you are operating in. they do not have immunity in admiralty concerning a contract on the private side – they have full commercial liability. not as a representative of the Defendant or as the Defendant. Brandon is entitled to all the proceeds of his property. The United States won’t be showing up to court. invoking admiralty. Banks pretend that they loan you money and get you to agree to pay it back. “This is private communication between the parties. that the debt is valid. corruption. and it is he who has a right to change it. Every single individual is sovereign (king or queen) according to the UN Universal Declaration of Human Rights.S. Banks and governments hardly ever have a claim. AMA The higher law form creates the lower and the lower cannot acknowledge its creator.S. Brandon carries two forms of I.: original Patent of Nativity and original Claim of Life. [You’re not a contributing beneficiary in a public trust (a U. it identifies a trust. citizen?” A: “What’s a U. . only like God (ego) – the shame of judgment. 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. Everything is contract. All international law recognizes this. including an unlimited right to contract. When going to court. Natural communication created commercial law. A subject-sovereign relationship is a trust relationship.S. B/Cs on bond paper with numbers were registered at the DTC. you’re the executive trustee of a private trust. you’re in court. As long as you are not harming anyone. whether expressed or implied. be present. 10 Commandments Admiralty (private international law) Claim of Life with stamp & flag (quantum language . Respond. but stand in the private. Court is the legal relationship between two parties. 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. Everyone also has the ability to give up their rights when they contract as a corporate citizen (public) – a subject only has benefits & obligations. citizen). Session 3 Law Forms Natural Law Oneness God Commercial Law (exchange) – (private) contract = law = credit & debt creation Duality and separateness. not even FRNs. don’t react – don’t assume anything. citizen?” B/C doesn’t identify Brandon. along with a $50 gold coin in his pocket – and nothing else. you have the right to do whatever you want in the private. Grant Deed Political Law BAR Association has its own regulations – are you a party to any of it? No. in a sense. Make all parties whole.Session 2 Creating Harmony Become the author of the contracts in your life.David Wynn Miller) By receiving benefits & privileges.D. We can create harmony between the public and the private worlds.] Q: “Are you a U. DOT. Mechanics liens even are statutory. When in doubt. especially to engage in a legal act.. UCC4: You operate as a banker. notify the public that you’ve done so. You may not have known that you waived your right to travel by getting a driver’s license. etc. etc. Consideration = Something such as an act.. Mortgage lien or deed of trust (memorialization of a trust) is a form of security interest in property (statutory). sheriffs. IRC is statutory. a bond. you send it to the Sec’y of Treasury. fee schedules. make your conditional acceptances applicable. You can rebut that presumption. Code is UCC just made more complicated. it is the foundational structure of all law. the State police. [Black’s] The reason or material cause of a contract. Tax liens are common or commercial law. but it is private commercial law or the highest form of common law. for their unauthorized stopping you and detaining you or unauthorized vessel seizing. Private agreement lien is commercial law. IRS is not an agency of the U. “Contact the Sec’y of State – being the fiduciary and holder-in-due-course. It was not activated or legislated. it is not positive law – it is private. – satatutory law) or Republic of California (sovereign but bankrupt entity – common law). say $5M. . The questioner (without a position) controls the conversation and the contract. there is a presumption that you’re operating a commercial vehicle. here’s a bond for setting off any damages I may cause in commerce…” Notify the DMV. Every country has some code that matches the UCC. registration and plates to the DMV and. If you’re car is registered with the State. so you have no position to defend. Co. Foremost. The U.Records of property interest originate from different law forms. rely on questions and conditional acceptances. “I’ll be traveling through the state of California for private purposes – here’s the plates I will be putting on my car. Every nation’s laws conform to the UCC. you really don’t know anything. Basically. you can be free. the Sec’y of State needs to be noticed because it is your interface as a foreigner to and with the State.S. UCC is codified. Silent acquiescense = reason or consideration. but you accepted the privilege of being a driver. Everyone gets a photocopy of the plate. All arguers take positions. Anyone who banks is a bank.S. UNICTRL Buck Act created corporations overlaid over states: State of California (political subdivision of U. You could return your license.S. Without the bond. she’ll handle the debts. Give them notice of potential damages. that which motivates a person to do something. a forbearance or a return promise bargained for and received by a promisor from a promisee. so you’re not presumed to be a pirate. records has statutory authority. Anything recorded at Co. Judges are trained to have you indict yourself – don’t do it. but it was derived higher up. Always coherently address the actual offer that you receive. you’ll most likely be designated as a domestic terrorist. After all. it is a foreign agency.” Injured party should send their claim to the Sec’y of State… If they send it to you. They’re not even on the Trustee’s Deed of Trust – they’re just the trustee. Pre-1933: Land Grants. even the State. They’re not on the Grant Deed. a trustee’s deed upon sale is meaningless. The Grant Deed is your interest. cannot acquire the patent. police. Grant Deeds are equitable title. The Co. An unlawful detainer has nothing to do with title. Tenants have only temporary hold on a property. In exchange. guaranteeing clear title) Clear title = no other interests. the other witness presented the summons and complaint for unlawful detainer.Session 4 Title & Account Property title is split. Documents of title: Grant Deed (Warranty Deed in some states which is also warranty of the title. The patents are still sitting there in the County records. It used to be that people conveyed their patents to their heirs. so they step in as constructive trustee (as no one else is running the trust) and collect the taxes. not legal title or controlling interest in the property. the defendant doesn’t even show up. parks. Requirements for Unlawful Detainer: Serve a 3 day notice. no one has any right to any of the land. Certificate of Service for summons. it is a trustee granting and conveying their interest in the property which doesn’t exist. Everyone has abandoned their interest. street sweeping and other benefits. Deed of Trust is an agreement on top of the title. though we tend to associate title with right to possession. Serve a summons & complaint for unlawful detainer. The County has acknowledged that the interest in the land has been abandoned. that someone else has an interest in. holds controlling interest in almost everyone’s property. it is you who collects the property tax on that property. Judgment in favor of the plaintiff. sewage. The land patent was established. . being fictional. but you can tax them for being on your land. Land Patents Since then. Everyone else on the land (other subdivisions) are tenants with rights. Their title. no liens Be careful buying (non-warranted) property at auctions that may have liens on them. it was just never conveyed. If you acquire the interest in a land patent. Did you get the three day notice? Did you get the summons for unlawful detainer? Most of the time. Every unlawful detainer always has 2 witnesses: one witnesses the presentment of the three day notice. water. receives the property tax. He who has legal title. they provide fire dept. because the State. Certification of Non-Response the 3 day notice. The Trustee’s Deed upon Sale conveyed possession even though they didn’t have it yet. If you’re going the fraud route (they never lent you any money. Also. in fact. Here’s the new trustee and beneficiary. I’m firing you as trustee and you (the bank) as beneficiary. Winston gets it done with as few documents as possible. your approach can be that there is no debt on this property anymore.In the background. Decompile their trust. Remember to handle both. such as non-disclosure. It’s the paramount security interest. debtor can file a UCC-3 and terminate it. Generally. your interest is superior to anyone on a Deed of Trust. basically in common law as opposed to statutory law. which turns into a writ of possession that you take to the sheriff. Brandon would approach the account first. you get judgment in your favor. by simple contract. When they don’t show up. you can’t ignore them if they come after you again. WS employs two basic documents: 1. and 2) the account is a secured debt. Sheriff goes to the house. If it was reversed and some neighbor was doing it you. changes the locks and gives you the key. Refuse for Cause can be used when there is something missing from their offer. create a new trust. If you make the payment first. etc. Otherwise. When they don’t respond within 3 days. If you’ve got a Grant Deed.). Brandon gave an example of serving all his neighbors. The trustee has no interest in the actual property until they sell it. The Grant Deed was filed first – first in line. the substance of their offer must be lacking. Notice of Correction for Fraud: “Hey. first in time. with 72 hours: Refused for Cause Without Dishonor. 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. but it depends upon how you plan to handle the title.” Without full disclosure. Send summons to the bank. obviously you have interest in the property. 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. then they have possession. immaterial & irrelevant…” To file a financing statement. there is fraud. Winston Shrout’s and Karen Tappert’s approaches are in this line. Tappert’s is probably more comprehensive. you need a claim and you need agreement of the debtor. Trustee’s Deed upon Sale is like a Quit-claim Deed in that it conveys only the interest (possession) that you plan to hold. It’s simple to flip it around. which is a valid approach. “No. Thanks for nothing. gave disclosure. there has to be an interest. file an unlawful detainer case. “…inconsequential. there was no disclosure in this agreement – I didn’t realize I already paid for the house. I am not a party to this contract. Put a 3 day notice on the door and send a 3 day notice to the bank. .” To Refuse for Cause. At the top of most presentment you issue. mark it Private (usually on the upper right). Private. Trusts don’t have to be books. then. when there’s fraud. On any instrument or money order you create. You. Notary gets a copy of everything. they have no personal knowledge and no one at that . the beneficiaries and the grantor. register its #. going directly through the Treasury (IRS Tech. Charge the same to: JOHN DOE. Support Div. Code and of course in the UCC.” Putting your house in a new trust can be as simple as these two documents. Stamp all copies as COPIES. SSN with dashes.). no dashes). Signature. On the back. Treasury.Pre-Paid Common Stock. Stop it. This contract in private international law is the authority of law in this matter OR this is a private contract between the parties. Deposit to the U. 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. have the power to revoke. signed by you under penalty of perjury that the account balance is zero. the former beneficiary. Without Recourse on bottom right. if they don’t rebut that under penalty of perjury within 14 days. Discharge all presentments and related fees. [as simple as that]. the trustor. Using notary presentment in every step: 1) Send in payment. This defines it in private jurisdiction. Notice of Tender of Set off. and then tender that for payment OR you can do a banker’s acceptance (AfV the Statement. sending just a copy to the CFO. at least 10 days later (when you gave them 72 hours): 2. Exemption I. (via Tim Turner) where you would endorse if it was a check. send in your Request Regarding Statement of Account (UCC. “You’re no longer the trustee. all in the lower part of the voucher: Accepted for Value/ Returned for Value. Notice to Cease & Desist to both the former trustee and the bank. It’s a private trust (rather than statutory) if you do it right. you of course keep a copy of everything. Article 9-210 for collateralized or secured debt*) to the CFO. Exempt from Levy . [(No Deposit statement) This is the wording that can be on the face of the Statement as well. or rather.). along with 9-210* showing zero balance. Research commercial paper and banker’s acceptance. Date. agents and agencies thereof” (every corporation is a subdivision of the U. 45 degree angle across the face and the back.D. but you can be vague: it’s the trustee’s duty to manage the property for the benefit of the beneficiary. (SSN. even in an irrevocable trust.] Signature. both sides) and turn the coupon (Coupon in French means “let’s cut”) into a money order and tender payment. They cannot allege the balance to be anything else.His Notice of Correction for Fraud is actually a one page trust. Adjust the balance to Zero. 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. CFO of the bank gets copy of everything too. the balance is zero. you can draft an instrument. It’s all there in the Title 12 of the U. Exempt from Levy. CHARGE THE SAME TO: JOHN DOE.S. Accepted for Value. Include a full page (not cut out) 1040V (amount left blank) with all payments into Treasury. record the assignment to the Treasury (account holder of the offset bond: “United States and all political subdivisions. Endorse the back of the coupon like a check and leave it attached.S. The trustee has duties. SSN with dashes. say ala Tim Turner). because they cannot validate the debt. In commercial law. The property is identified as are the trustees. you can write “this is a private contract between the parties”. so that they will adjust the account.S. prepaid Treasury Exemption # (SSN without dashes). 2) During or after creating evidence of their acceptance of your payment. Bond #s (entire sequences – 10. Get their bank account information. Take the file# from UCC registration of the bond or note – as you’re issuing the note. Balance: $___. Want to levy against someone? Write them a check for $10. Each time you issue an instrument. the corpus in the trust is the property.000 offset bond issue #s. there will be an assignment that gets added to the UCC for this note. 10. but fine too. you assign to the initial UCC filing which claims this as your collateral.000 PN issue #s) can be registered with UCC filings and then whenever you issue a bond or note. 4) Then. Collateral: The property commonly known as: full address (County of ___ Assessor’s parcel#).000 indemnity bond issue #s. At bottom of list of presented documents: Notary’s Certificate of mailing indicating that signed original is on file. puts into bailment the property for the trust who is now the Bailee (Debtor on the UCC-1). [No need for jurat. *9-210: Date. Whoever you send it to is going to be the new Secured Party (assigned to them).on Notes. to manage. Persuant to UCC 9-210 must be stated. Then you record your assignment of it. 7 numbers – just because most securities have 9 digit identifiers. Debtor (JOHN DOE). restructure the trust. Brandon uses 4 letters and 5 numbers . Account#. With proof of payment. proof of agreement of reforming the trust and new trust. 10. The res. they are powerless in this regard.] 3) Send in record of payment to CFO.bank can attest to the balance. Creditor (Bank). $21 is declared value on the 3806 (not the value of the bond or note). there will be assignment of that instrument and each assignment refers back the original UCC-1 where all the #s are registered. 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. You register the bond with a registered mail #. I declare under penalty of perjury that the following statements are true. Registered Mail. $21 in stamps (which are actual currency) – four $5 and one $1 (not metered) to keep it in international commerce. On bonds. UCC 9-210. Indemnity Bonds and such instruments are sent $21 postage. all of the pieces are in place. 5) Then.com All B/C bonds. Then you put notice of your registration on a UCC-1. zero statement account. Corporations can never make a claim. You can . Session 5 Registering & Assigning Interest (UCC1 + 3) Tim Turner: AmericaCanBeFree. correct & complete to the best of my knowledge. clear your title. he uses 2 letters. 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. Uccconnect can be used to register bonds and notes on line as assignments. they are agreeing to honor any tender or set offs you send in against these bonds. Oregon Dept. [5minutes. U. use it for the public entity. $5]. Tim Turner does 125% of the debt as the amount of the Note. Down there under For Credit To. B/C Bonds must be filed in order to be a surety on someone’s indemnity bond. in the list of account holders. Don’t abbreviate anything on a physical. Dept. UCC-3ap to add additional assigned to parties – adding U. Postal Service runs the box and they are a domestic entity. The Statement AfV is the deposit that allows you to fund the money order or the note. If they keep them. If you’re sending directly to the Treasury for set off of the debt. You were the Secured Party maker and issuer of the instrument. it would be Geithner on both the top and bottom of the note. UCC-3 is either an amendment. etc. . If there’s fault in the instrument. etc. Heavyweight paper lasts 30 years. because you can’t do non-domestic on your POB. an assignment or a termination. so that they can exercise ordinary care. watermark. Bonds have borders. rather than Tom Jones (CFO) Evidence of debt is AfVed on both sides. Note is assigned to two parties: CFO and the Bank.send copies of the original UCC-1 and relevant UCC-3s to them with the Note.. Bond paper: 32lb. Offset bond is drawn on your indemnity bond. 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. IRS and all the subdivisions and agents thereof. Husband and wife and son or daughter can be on the same bond. so they’re basically the same entity. of Treasury to Geithner’s as another assignee of the note. level because they’re not attached to any property. so BPNs only require one signature. As the Executive Trusee of the public trust. there you will put the exact amount of the debt (+ interest. list banks. you’re filing your interest on the property for the public trust. UCCconnect won’t allow a non-domestic address in B on the UCC-1. If you use a POBox. Sureties are on the bonds. State of __ and all agencies and agents thereof.S. Download all UCC filings onto your computer and get certified copy from the State. FTB and the State of California have the same EIN. along with 1040V with endorsement stamp on the back of it. right before you mail them. of Revenue (or FTB. penalties and extra fees).S. 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. There is no need to record them at the Co. 100% cotton or linen. they will send it back to you. non-domestic address.). California follows Civil Code 2924 to give due process: Notice of Default with contact info and Opportunity to Cure . The Executive Trustee (John Doe) would be in Box #1.] Ucc is a national notice system. To build your own claim on the public side: Already foreclosed: causes of action for Quiet title. The B/C Bond is worth $100B.City. However. The $100B is just a chosen discount amount. wrongful foreclosure. near [97402] non-domestic. The Secured party is the Bailor (JOHN DOE) putting collateral into trust. the Secured Party is the Executive Trustee in a $100B against the public trust. it’s owned by a trust pool. Non-Judicial foreclosure State: Bank does not have to go to court first. Some of the judges are wanting them to show standing and they initially got the burden of that proof. file in WA. The Bailee is like a trustee. 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.Y. then. there are trustee sales in front of the courthouses. so you can issue up to $100B in indemnity bonds based upon your interest in the B/C bond. where the real property exists. Here. Yet to foreclose: challenge foreclosure in a Quiet Title action.S. rather than Tome Jones and his bank. Fla. etc. you have to record it into the Co. it would be reversed. On the UCC-3 to assign a note. B/C Bonds expire when you die. 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). Banks serving your loans don’t usually own the Note.Notice of Trustee Sale. State. Judicial foreclosure State: In order for a bank or an entity to foreclose. without the U. Session 6 Public Remedies for Foreclosures Lizette Many (most?) entities who are foreclosing do not have standing to do so. If it was securitized (95% were). A UCC filing expires after 5 years if the Transmitting Utility Box is not checked. then 21 days to sell the property. [You created that trust too. If this UCC1 for registering note #s for assignments is done in bailor/ bailee fashion. if you were sending the note directly to Treasury to set off the debt. If Oregon won’t accept your filing. In the sample UCC1 registering note #s for assignments. 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. Geithner and the Treasury would be on there. the UCC1Ad is not needed. Box #5 is marked (Bailee/Bailor). if you want to attach your claim to real property. N.. Some States are mixed. If you’re born in another country. The original lender on the Deed of Trust obviously doesn’t own it. any title company can get you the MIN if there is one. consider AfVing and make sure everyone is made whole on the private side. Sometimes MERS is the beneficiary. owned by all the major banks. requesting that they enjoin (injunct) the trustee sale. 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. If in litigation. 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. By quieting the title. *The court may have a tender issue and insist that you post a bond with the temporary restraining order in the preliminary injunction phase. the other party can’t file anything.MERS: Mortgage Electronic Registration System. . If they want to cooperate. the agreement between the original lender and the current servicer (that you are not a party to). 2932 or 2923. If you’re not in default and you find that your loan was securitized and you find the PSA. enjoining whatever you have going on with your quiet title action and you can stop the foreclosure or trustee sale or unlawful detainer. meaning another bank is beneficiary and they’re nominating MERS to be the beneficiary. Once you find that your loan has been securitized or the pool that it belongs to. your loan was securitized. File a quiet title action. you can do a Quiet Title action because under the PSA nothing has been assigned. On Deed of Trust. With a few causes of action. so it is good to find out who owns the Note. they’re required to sign under penalty of perjury that they’ve contacted you in certain ways. You can make arguments for or against it. If MERS was included in your Deed of Trust. (The absence of a MIN does not mean that your loan was not securitized. The beneficiary initiates the foreclosure action and everything that they do is electronic. Past the preliminary injunction phase. request temporary restraining order*. doesn’t have the right to foreclose. MIN = mortgage identification number – means that the loan was securitized. /s name = digital signature Only the beneficiary and holder of a Note has the right to foreclose. 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 #. 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. under Notices of Default. investigate the Pooling and Servicing Agreement (PSA). you’re clearing the title so you don’t have anything to worry about. Once you’ve handled the public side. Most of the loans have been digitized. your case is strong. created to make the mortgage recording process easier. but they’re not doing the foreclosing. 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). this is usally not a problem. Dig deeper into the records with a FOIA request or QWR. The bank servicer is a 3rd party non-beneficiary – they’re acting on the part of somebody else.5. The servicing company doesn’t own the note. Indicate CA Civil Code 2924 violations. MERS steps in as nominee beneficiary on your Deed of Trust. therefore. Judges may say that you can’t challenge title in an unlawful detainer as title is not an issue. in CA. the Rosenthal Collections Practices Act – they have to follow certain rules. If they have no standing. They can’t file a lawsuit until they respond. Your Ace is the pooling & service agreement. they’re supposed to stay together – when the note is sold it invalidates the Deed of Trust. be nit-picky with all of the documents. obviously you don’t request a temporary restraining order and you probably have an unlawful detainer action to oppose as well. asserting personal knowledge. When you’re in foreclosure proceeding. Get working on your discovery. the only party that could have an interest is made impotent. They need to follow their PSA. request a jury trial. what’s happened is: the only party that have the right and interest you sold your right to do not have a lien. so basically. They almost definitely will not have standing if you timely respond. you can bring up title.] Save the letters when your loan is sold. Did they provide due process? Are they just a servicer or are they actually the beneficiary? Do they have standing?. Are they properly acknowledged by a notary? Always remember that they will never sign. 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. they just lost the Note.” Again. 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. When you get the trial date. Don’t just agree in silence . but they will not try to attach an interest because they can’t file a lien on your property.and by the way. You can clear off that original Deed of Trust and get a clean title.and always stay in honor. Generally. they have no right to possession. you didn’t lose it. CA Civil Code 2936(?): In California. [Same thing with credit card companies who’ve sold the loan – Federal Debt Collection Practices Act. you sold it and your rights . you’re beyond your 120 days for anyone else to register any right in the property. . This will give you more time. but if you didn’t fault or fall silent on your three day notice. signed under penalty of perjury (which they will never do). When you get that 3 day notice. They will usually say that they didn’t separate them. Who has signed? What are the dates? The document date does not have to match the acknowledgement date. quiet the title and get rid of the initial lien. stay in honor and immediately rebut their presumptions of interest or title or standing.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. Know that unlawful detainers move very quickly – you have only five days to respond. because you can say: “No. The note holder can never come back on you at this point. they are not necessarily actually required to show the Note in a litigation case. but above is all still relevant. etc. Request a verified validation of the debt. once the mortgage note and Deed of Trust are complete at closing. Because there was no proper assignment and they’re outside the 120 day limit. Because you’re beyond the 120 days. their strategy will be to wait out the bankruptcy (and then take action again). 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. Best to have a friend to work with. certainly someone you like and trust to be your new trustee. you have the power to revoke a trust that was founded upon fraud. Whenever you have a jurat or a notary acknowledgement. Box #5: Bailee/ Bailor checked. even responding by email is documenting. 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. Box #3: Bailor/ trustor – the one who created the trust. Include old trustee and/or beneficiary if you want. Bailee: Bill Brown. “The real property. A fax receipt is as good as a certificate of service in court. Nominee has no standing. A the grantor. They will probably not respond to this or put in a motion to lift the automatic stay – most likely. make sure you meet the requirements of the State where you are getting the document notarized. commonly known as _____ is being placed into trust to be managed by the trustee. then you have a public record of the notices being served upon the parties. bailor & mortgage holder UCC-1 Box #1: Bailee/ trustee – the person in control of the property. It’s all at the Recorder’s office. trustor John Henry Doe. they’ve lost their security. friend and trustee Bailor: John Doe. They kept the funds after the Notice of Default – they’ve lost the security. keep it in your record and you now have an action. Loan modification: There are requirements in the PSA that they hardly ever follow – point out that they didn’t follow their standards. 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. If they give you a permanent loan modification. they then have to prove that they are the actual creditor with standing. MERS is never entitled to any payment.” Notice to Cease & Desist 10 days later. Session 7 Private Remedies for Foreclosures 1 WS Notice of Correction for Fraud to current trustee and current beneficiary if there have been assignments. 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. then demand that they return your payments to you. In sample document. Can be recorded even before you send the presentment out – you can even say that it is a recorded document.When signatures are not required. bankruptcy can be a useful tool to combat foreclosure because of the temporary stay. When directly under the gun. 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). Also. . If they refuse. you’ve entered a new contract. Now. “You been fired. 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. Even if they do respond. Of course. You’re not asking them to respond . In other words. There is no cookie cutter solution. keep control of the contract. Record can be recorded at the State level on line if the Co. you can’t record real estate records with the State.it is just notice. you have certification from your notary that they didn’t respond. keep your claim and your standing on top. the UCC-1 referenced in Box #1a would also have to be RE Records. property is identified with a parcel#. It wouldn’t be attached to the property but it is a record. Steel posts mark the 4 corners of your property – these are your metes & bounds. Mr. If this is filed soon enough. Boom – there is a public record. Improvise. affidavit of specific negative averment. When you get the notice.” [Added collateral] Same thing but separate one for the Cease & Desist. a tax account. which is unlikely. Initial filing# in Box #1a Check #1b. but of course. Trustee’s Deed upon Sale cancels the Deed of Trust. By their failure to respond though. “See attached Notice of Correction for Fraud. Tim Turner’s Freedom Docs are great. Metes & Bounds = physical description of land. Get a certified copy of everything ever filed on your property. you can take your stand where no documents are needed. but you don’t need them to respond. These documents alone do not stop foreclosures – you need to assert your interest. Box #5 not checked as we are not amending the Party information. but create a solution no matter what happens. They might be sorry they responded because you can make it lead to a counter-claim worth several million dollars. Rebut presumptions. Recorder is too much trouble. CAfV. including the land patent which may be a hundred years ago. . assert your lien hold as the paramount security interest holder in the property.” After 10 days. you’ve established that they have agreed. Grant Deed (paramount security interest in the property) is at the County Recorder. 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. In California. Have the documents scanned into pdf format. Go to the Sec’y of State website – on line filing – choose non-UCC filing and attach it. create a process around whatever it is that they do to reinforce their agreement to my terms (they can’t rebut).Box #6: checked. Box #8: collateral added. 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. Give 3 day notice… do an unlawful detainer on the bank. The SA is based upon a BPN for. for the value of the Note. File a Rescission of the Trustee’s Deed upon Sale. A savvy friend comes in as the creditor and creates a security interest in the property. take the house back. get a writ of possession. giving notice to all of the creditors. After the sale.). If you’re not at the sale date yet. hence Commercial Security Agreement] . [perhaps you had bet him $5M that the patriots were going to win against the Rams and they didn’t. don’t kick them out. along with the Property List (which is attached). Take possession back. If there’s not someone in the house. but not a cutter one. creates that security interest for the Secured Party. it is your property and you have the paramount security interest. See Bill Thornton: Deed of Trust. You can do a commercial process after a trustee sale. Establish whatever you want through agreement between the parties via a commercial process. Then. say. Commercial Security Agreement. SP forecloses on the property on the private side. Request Regarding Statement of Account can serve as notice to the CFO. Your interest lies on the Grant Deed. Go after damages with the bank. but most have chosen to be subjects. We are all sovereign. You may also include a Notice of Tender for Set off. securing their interest. Look on the Grant Deed and see if you can find the name of the trustee on there. the rescission done with a self-executing specific power of attorney takes away the notice of trustee sale and the notice of default. You can’t. that the SP tenders to the Debtor. Session 8 Private Remedies for Foreclosures 2 Modification of commercial security agreement – see 032010 private contract. It quit-claimed the trustee’s interest. You have standing with the Grant Deed. Karen Tappert: Revocation of Power of Attorney can be applied in many situations. Until there is another Grant Deed filed. $5M (property is only worth $1M). Her process is thorough through coming up with a Grant Deed at the end. everything prior to the trustee’s deed upon sale does not exist. You give it away in the Deed of Trust. solutions are possible. etc. Use in conjunction with something that is settling the account (AfV or BPN through the Treasury. The Grant Deed still records your interest on the property.After the trustee sale (which changed possession). If someone is living in your house. Whoever’s name the property is in is the Debtor. 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”. instructing the bank CFO that there has been a tender for set off. Then. Notice the trustee and the purchaser (which is probably the bank who sold it). This could be from either John Doe or John’s savvy friend – friend would list JOHN DOE as Debtor. You don’t even have to file any UCC-1s. UCC-1 is filed on the property by the creditor (not as Bailee/ Bailor) on the person the Note was tendered for. The Trustee’s Deed upon Sale is like a Quit-claim Deed. you’ve got an authenticated record showing a zero balance on the property (whether Treasury accepted tender or not). I’ll let you know if I have any proceeds left after the sale. even the State tax board if they have a lien. especially if included with a Record (showing tender is at the Treasury) and a Notice of Tender for Set off showing a zero balance. the Debtor. He won’t. File a new Grant Deed. You don’t even need to give them 10 days – it is just given – if they want to rebut to assert their interest. Your property was sold for $21 – real silver dollars (money of substance or exchange). If they assert a claim. see also UCC 9-610. but to another 3rd party. The buyer can do whatever they want with it. [Validation of Debt in simple form “You claim to have an interest. Labor & services are not a factor in banking. 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). but your’s is paramount. Notice of Disposition of Collateral. we do not sell the property back to the debtor. obviously you must handle that in a commercial process. They may all have an interest. but take reference to 9-210 out. it is inferior to mine. probably because most people use debt (unsubstantial money) to buy a house. They can sell it back or otherwise grant it or convey it to the Debtor or into a trust controlled by the Debtor. This is the UCC Code way of getting our Statement of Account. My interest is a private. zero is placed as the sale price of the house on a Grant Deed. Even in a judicial State. notify both banks. This can be used for credit cards too. A Notary Seal is like a 2nd witness. If there’s a 1st & 2nd mortgage. In this process. . They’re agreeing. DOE” When the notary certifies non-response after 14 days.CFO needs to sign under penalty of perjury if the balance is anything but zero. Search the Co. Everything you do is separate from the money you’re receiving for it. $21 silver with a private contract Bill of Sale and then recorded on a UCC-1 (Buyer/ Seller). The certifier is the public trust. record for all interest or liens on the property. it’s usually worth $0. Give them all notice. You’re acting as a bank. Only the Debtor can send a Request Regarding Statement of Account. Only exchange of debt interests are a factor in banking.” This is your Notice of Sale. they have 10 days. If your claim is a Deed of Trust. In kind donations between not for profit organizations (public) are equivalent to barter in the private. secured by an actual commercial security agreement. For format. commercial lien. Even though the Grant Deed is paramount to a Deed of Trust. Typically. so a notary is a double witness. That’s why signature has By: ___ and under that it says “Executive Trustee for the Trust JOHN H. then. If you obtain s self-executing POA with any entity. communicate with the title company in case they have any other information. To remove an IRS lien. to do so. Certify the non-response after 10 days and do what you want. then I will presume that you’re granting and conveying a Specific POW for me to execute documents on your behalf. By the way.” Mention your fee schedule if they trespass on you in the future. the definitions of Lender and Borrower on the Deed of Trust are names. collect every bit information there is on your property in the public record. you can get possession by establishing standing and interest in the property. On that document.Morman & Catholic churches are 508c1a’s (corporation soles) – non-profits organizations who control lots of for profit entities. BPN & Record of Notice of Tender for Set Off). Even without possession. Revoke any POA you gave them. invoke your own POA over each of them. etc. those terms don’t mean what we normally think they mean. [1:09] Before doing anything with your property. do a FOIA request. do a Release of Lien and record with the County. Also. after their agreement and you have a record that they agreed (notary certificate of non-response). then you can file whatever you need to file… clear your title. first settle the account (could be 9-210. They don’t claim to have loaned you anything. Perhaps. then commercial process where IRS grants you a Specific POA. When in a pinch: Notice bank and trustee of intent to reconvey. . “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. you have the power over that entity.