Living Temple Workshop Notes
Brandon Adams
March 20, 2010
Audios (8) and Documents: http://www.creditorsincommerce.com/audio-living-temple-201003.php
NOTICE: These Creditors in Commerce Workshop Sessions, hereinafter Sessions, are the private exchange of
ideas and concepts between the providers and the recipients. The content is not meant as legal advice. The
use or attempted use of any idea or procedure discussed in these sessions as applied to the 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 harmony@creditorsincommerce.com.
Session 1
Session 2
Session 3
Session 4
Session 5
Session 6
Session 7
Session 8
United States vs. Adams Family
Creating Harmony
Law Forms
Title & Account
Registering & Assigning Interest (UCC1 + 3)
Public Remedies for Foreclosures
Private Remedies for Foreclosures 1
Private Remedies for Foreclosures 2
Session 1 United States vs. Adams Family
A civil matter, requesting injunction, served to the Authorized Representative of Brandon Adams.
Creditors 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
in his public trust. Brandon is entitled to all the proceeds of his property, including all the fruits of its
labor.
Notice of Fault: They’ve had the 10+ days; they’ve produced no bona-fide claim; here’s the counterclaim. They’re committing fraud, collusion, corruption, conspiracy, trespass, etc. for which there is a
$1M penalty apiece.
Even without perfecting claim, Brandon can enter the suit as claimant (Counter- or Cross-Plaintiff or
Libellant), invoking admiralty, not as a representative of the Defendant or as the Defendant. Brandon
holds a security interest in the Defendant and he has a claim, an $8M counter-claim against whoever
initiated the suit who is trying to prejudice Brandon’s security interest without a claim.
Attorneys and judges have immunity (limited liability) in equity; they do not have immunity in admiralty
concerning a contract on the private side – they have full commercial liability. “This is private
communication between the parties.”
Saving the Suiters Clause, even in a State court, allows the invoking of admiralty (28 USC section 1333
subsection 1): Any court must recognize an admiralty claim by a claimant who brings it. The $8M
charges will be in the court filing, along with everyone’s bonds.
The United States won’t be showing up to court. 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, so let’s get the damaged parties in here.
Who’s the real party of interest? The Claimant, who has a bon-fide claim under penalty of perjury.
Banks pretend that they loan you money and get you to agree to pay it back. They’ll bundle your
agreement to pay it back with a thousand other securities and sell them. Even your credit card bills are
bundled and sold as a security.
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. In the first place, the creator
of the trust is the one being foreclosed upon and it is he who appointed the beneficiary and the trustee;
and it is he who has a right to change it.
The Note had paid the Seller.
No one gets paid with a debt validation and typically, 3rd party debt collectors will pass it on.
Contact the credit reporting agencies and inform that that the black marks were not valid debts. Give
them 45 days and the request that you get whatever they receive from the banks. Validation is someone
declaring, under penalty of perjury, that the debt is valid.
UCC 9-210 [collateralized debt - there is a sample in the code] Request Regarding Statement of Account:
You put zero balance, under penalty of perjury.
Your process supports your position that there is a zero account balance – they accepted the Afv or PN or
whatever for tender. If they think it is not a zero balance, this is their opportunity to sign under penalty of
perjury that it is not.
Always know in which of the 5 law forms you are operating in.
Session 2 Creating Harmony
Become the author of the contracts in your life. Everything is contract.
Banks and governments hardly ever have a claim.
As long as you are not harming anyone, you have the right to do whatever you want in the private,
including an unlimited right to contract. All international law recognizes this. Every single individual is
sovereign (king or queen) according to the UN Universal Declaration of Human Rights.
Everyone also has the ability to give up their rights when they contract as a corporate citizen (public) – a
subject only has benefits & obligations.
A subject-sovereign relationship is a trust relationship, whether expressed or implied.
We can create harmony between the public and the private worlds. Make all parties whole, but stand in
the private. Respond; don’t react – don’t assume anything; be present. Whenever you’re with anyone, in
a sense, you’re in court.
Court is the legal relationship between two parties.
Session 3 Law Forms
Natural Law
Oneness
God
Commercial Law (exchange) – (private) contract = law = credit & debt creation
Duality and
separateness; only like God (ego) – the shame of judgment.
Voluntary contracts between sovereigns
Patent of Nativity [make sure yours has a border – 8-1/2”x14”] (not Certificate of Birth it is
beyond all jurisdictions)
Common Law – national & international standards of engagement
Code of Hammurabi, 10 Commandments
Admiralty (private international law)
Claim of Life with stamp & flag (quantum language - David Wynn Miller)
By receiving benefits & privileges, 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.
Grant Deed
Political Law
BAR Association has its own regulations – are you a party to any of it? No.
AMA
The higher law form creates the lower and the lower cannot acknowledge its creator. Natural
communication created commercial law.
When going to court, Brandon carries two forms of I.D.: original Patent of Nativity and original Claim of
Life, along with a $50 gold coin in his pocket – and nothing else; not even FRNs. [You’re not a
contributing beneficiary in a public trust (a U.S. citizen); you’re the executive trustee of a private trust.]
Q: “Are you a U.S. citizen?” A: “What’s a U.S. citizen?”
B/C doesn’t identify Brandon; it identifies a trust.
B/Cs on bond paper with numbers were registered at the DTC.
Records of property interest originate from different law forms.
Mortgage lien or deed of trust (memorialization of a trust) is a form of security interest in property
(statutory).
Anything recorded at Co. records has statutory authority.
Mechanics liens even are statutory.
Tax liens are common or commercial law.
IRS is not an agency of the U.S.; it is a foreign agency. IRC is statutory, but it was derived
higher up. It was not activated or legislated; it is not positive law – it is private.
UCC is codified, but it is private commercial law or the highest form of common law. Basically. it is the
foundational structure of all law. Every nation’s laws conform to the UCC. The U.S. Code is UCC just
made more complicated.
Private agreement lien is commercial law.
Every country has some code that matches the UCC. UNICTRL
Buck Act created corporations overlaid over states: State of California (political subdivision of U.S. –
satatutory law) or Republic of California (sovereign but bankrupt entity – common law).
UCC4: You operate as a banker. Anyone who banks is a bank.
Consideration = Something such as an act, a forbearance or a return promise bargained for and received
by a promisor from a promisee; that which motivates a person to do something, especially to engage in a
legal act. [Black’s] The reason or material cause of a contract. Silent acquiescense = reason or
consideration.
You may not have known that you waived your right to travel by getting a driver’s license, but you
accepted the privilege of being a driver.
If you’re car is registered with the State, there is a presumption that you’re operating a commercial
vehicle. You can rebut that presumption. You could return your license, registration and plates to the
DMV and, so you’re not presumed to be a pirate, notify the public that you’ve done so, you can be free.
Foremost, the Sec’y of State needs to be noticed because it is your interface as a foreigner to and with the
State. “I’ll be traveling through the state of California for private purposes – here’s the plates I will be
putting on my car; here’s a bond for setting off any damages I may cause in commerce…”
Notify the DMV, the State police, DOT, Co. sheriffs, etc.
Give them notice of potential damages, say $5M, for their unauthorized stopping you and detaining you
or unauthorized vessel seizing. Everyone gets a photocopy of the plate, fee schedules, a bond, etc.
Without the bond, you’ll most likely be designated as a domestic terrorist.
“Contact the Sec’y of State – being the fiduciary and holder-in-due-course, she’ll handle the debts.”
Injured party should send their claim to the Sec’y of State… If they send it to you;, you send it to the
Sec’y of Treasury.
When in doubt, rely on questions and conditional acceptances. After all, you really don’t know anything,
so you have no position to defend. All arguers take positions. The questioner (without a position)
controls the conversation and the contract.
Judges are trained to have you indict yourself – don’t do it.
Always coherently address the actual offer that you receive; make your conditional acceptances
applicable.
Session 4 Title & Account
Property title is split.
Deed of Trust is an agreement on top of the title.
Documents of title:
Grant Deed (Warranty Deed in some states which is also warranty of the title, guaranteeing clear
title)
Clear title = no other interests; no liens
Be careful buying (non-warranted) property at auctions that may have liens on them; that someone else
has an interest in.
Pre-1933: Land Grants, Land Patents
Since then, no one has any right to any of the land. Everyone has abandoned their interest, even the State,
because the State, being fictional, cannot acquire the patent. The patents are still sitting there in the
County records.
If you acquire the interest in a land patent, it is you who collects the property tax on that property.
Everyone else on the land (other subdivisions) are tenants with rights, but you can tax them for being on
your land. Tenants have only temporary hold on a property.
The land patent was established; it was just never conveyed. It used to be that people conveyed their
patents to their heirs.
The County has acknowledged that the interest in the land has been abandoned, so they step in as
constructive trustee (as no one else is running the trust) and collect the taxes. In exchange, they provide
fire dept, police, parks, sewage, water, street sweeping and other benefits. The Co. holds controlling
interest in almost everyone’s property.
The Grant Deed is your interest. Grant Deeds are equitable title; not legal title or controlling interest in
the property. He who has legal title, receives the property tax.
An unlawful detainer has nothing to do with title, though we tend to associate title with right to
possession. Did you get the three day notice? Did you get the summons for unlawful detainer?
Most of the time, the defendant doesn’t even show up.
Every unlawful detainer always has 2 witnesses: one witnesses the presentment of the three day notice;
the other witness presented the summons and complaint for unlawful detainer.
Judgment in favor of the plaintiff.
Their title, a trustee’s deed upon sale is meaningless. it is a trustee granting and conveying their interest
in the property which doesn’t exist. They’re not on the Grant Deed. They’re not even on the Trustee’s
Deed of Trust – they’re just the trustee.
Requirements for Unlawful Detainer:
Serve a 3 day notice;
Certification of Non-Response the 3 day notice;
Serve a summons & complaint for unlawful detainer;
Certificate of Service for summons.
In the background, there has to be an interest. The trustee has no interest in the actual property until they
sell it; then they have possession.
The Trustee’s Deed upon Sale conveyed possession even though they didn’t have it yet.
Trustee’s Deed upon Sale is like a Quit-claim Deed in that it conveys only the interest (possession) that
you plan to hold, by simple contract.
It’s simple to flip it around. If you’ve got a Grant Deed, obviously you have interest in the property; in
fact, your interest is superior to anyone on a Deed of Trust. The Grant Deed was filed first – first in line,
first in time. It’s the paramount security interest.
Put a 3 day notice on the door and send a 3 day notice to the bank. When they don’t respond within 3
days, file an unlawful detainer case. Send summons to the bank. When they don’t show up, you get
judgment in your favor, which turns into a writ of possession that you take to the sheriff. Sheriff goes to
the house; changes the locks and gives you the key.
Brandon gave an example of serving all his neighbors.
If it was reversed and some neighbor was doing it you, with 72 hours: Refused for Cause Without
Dishonor.
Refuse for Cause can be used when there is something missing from their offer, such as non-disclosure.
“No, I am not a party to this contract.”
To Refuse for Cause, the substance of their offer must be lacking.
“…inconsequential, immaterial & irrelevant…”
To file a financing statement, you need a claim and you need agreement of the debtor. Otherwaie, debtor
can file a UCC-3 and terminate it.
If your matter involves a Deed of Trust (security agreement) or a secured debt in relation to your property
– two things: 1) the Deed of Trust is clouding your title; and 2) the account is a secured debt. Remember
to handle both. Also, you can’t ignore them if they come after you again.
Generally, Brandon would approach the account first, but it depends upon how you plan to handle the
title.
If you’re going the fraud route (they never lent you any money, gave disclosure, etc.), which is a valid
approach, how do you approach the account side in this case? 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, your approach can be that there is no debt on this property anymore.
Decompile their trust; create a new trust.
Winston Shrout’s and Karen Tappert’s approaches are in this line. Winston gets it done with as few
documents as possible, basically in common law as opposed to statutory law; Tappert’s is probably more
comprehensive.
WS employs two basic documents:
1. Notice of Correction for Fraud: “Hey, there was no disclosure in this agreement – I didn’t realize I
already paid for the house. I’m firing you as trustee and you (the bank) as beneficiary. Here’s the new
trustee and beneficiary. Thanks for nothing.” Without full disclosure, there is fraud.
His Notice of Correction for Fraud is actually a one page trust. Trusts don’t have to be books. The
property is identified as are the trustees, the beneficiaries and the grantor.
The trustee has duties, but you can be vague: it’s the trustee’s duty to manage the property for the benefit
of the beneficiary. It’s a private trust (rather than statutory) if you do it right. This contract in private
international law is the authority of law in this matter OR this is a private contract between the parties.
[as simple as that].
At the top of most presentment you issue, you can write “this is a private contract between the parties”.
This defines it in private jurisdiction.
then, at least 10 days later (when you gave them 72 hours):
2. Notice to Cease & Desist to both the former trustee and the bank, the former beneficiary. “You’re no
longer the trustee. Stop it.”
Putting your house in a new trust can be as simple as these two documents. You, the trustor, have the
power to revoke, even in an irrevocable trust, when there’s fraud.
Using notary presentment in every step:
1) Send in payment, or rather, Notice of Tender of Set off. If you have an indemnity bond and then an
offset bond (for BPN) set up with the Treasury (and a B/C bond in place prior to those, say ala Tim
Turner), you can draft an instrument, register its #, record the assignment to the Treasury (account holder
of the offset bond: “United States and all political subdivisions, agents and agencies thereof” (every
corporation is a subdivision of the U.S.); and then tender that for payment OR you can do a banker’s
acceptance (AfV the Statement, both sides) and turn the coupon (Coupon in French means “let’s cut”)
into a money order and tender payment, going directly through the Treasury (IRS Tech. Support Div.),
sending just a copy to the CFO. Endorse the back of the coupon like a check and leave it attached.
Notary gets a copy of everything; you of course keep a copy of everything; CFO of the bank gets copy of
everything too, along with 9-210* showing zero balance. In 14 days you will have his agreement through
notary’s Certification of Non-Response and you have evidence of acceptance of AfV at Treasury.
Accepted for Value. Exempt from Levy. Signature. Date. Exemption I.D. (SSN, no dashes). Deposit to
the U.S. Treasury. Charge the same to: JOHN DOE, SSN with dashes.
45 degree angle across the face and the back.
Include a full page (not cut out) 1040V (amount left blank) with all payments into Treasury, so that they
will adjust the account. On the back, (via Tim Turner) where you would endorse if it was a check, all in
the lower part of the voucher: Accepted for Value/ Returned for Value. Exempt from Levy - Pre-Paid
Common Stock. Discharge all presentments and related fees. Adjust the balance to Zero. Private, prepaid Treasury Exemption # (SSN without dashes). CHARGE THE SAME TO: JOHN DOE, SSN with
dashes. [(No Deposit statement) This is the wording that can be on the face of the Statement as well.]
Signature.
Research commercial paper and banker’s acceptance. It’s all there in the Title 12 of the U.S. Code and of
course in the UCC. Stamp all copies as COPIES. On any instrument or money order you create, mark it
Private (usually on the upper right). Without Recourse on bottom right.
2) During or after creating evidence of their acceptance of your payment, send in your Request Regarding
Statement of Account (UCC, Article 9-210 for collateralized or secured debt*) to the CFO, signed by you
under penalty of perjury that the account balance is zero. In commercial law, if they don’t rebut that
under penalty of perjury within 14 days, the balance is zero. They cannot allege the balance to be
anything else, because they cannot validate the debt; they have no personal knowledge and no one at that
bank can attest to the balance. The get their information off of a computer screen and the computer
doesn’t have the capacity to take an oath or swear under penalty of perjury. Corporations can never make
a claim; they are powerless in this regard.
*9-210: Date; Debtor (JOHN DOE); Creditor (Bank); Account#; Collateral: The property commonly
known as: full address (County of ___ Assessor’s parcel#). Persuant to UCC 9-210 must be stated.
Balance: $___. I declare under penalty of perjury that the following statements are true, correct &
complete to the best of my knowledge. [No need for jurat, but fine too.]
3) Send in record of payment to CFO.
4) Then, restructure the trust.
5) Then, clear your title.
With proof of payment, zero statement account, proof of agreement of reforming the trust and new trust,
all of the pieces are in place.
The res, the corpus in the trust is the property.
On bonds, Brandon uses 4 letters and 5 numbers - on Notes, he uses 2 letters, 7 numbers – just because
most securities have 9 digit identifiers.
You register the bond with a registered mail #.
Then you put notice of your registration on a UCC-1.
Then you record your assignment of it.
At bottom of list of presented documents:
Notary’s Certificate of mailing indicating that signed original is on file.
$21 is declared value on the 3806 (not the value of the bond or note). $21 in stamps (which are actual
currency) – four $5 and one $1 (not metered) to keep it in international commerce.
You may want to do a UCC Bailor Bailee filing (between the grantor and the trustee in your new trust) if
you’re doing a trust (like Winston’s one page trust) – the Bailor is the Grantor on the trust, puts into
bailment the property for the trust who is now the Bailee (Debtor on the UCC-1), to manage. UCC 9-210.
Want to levy against someone? Write them a check for $10. Get their bank account information.
Session 5 Registering & Assigning Interest (UCC1 + 3)
Tim Turner: AmericaCanBeFree.com
All B/C bonds, Indemnity Bonds and such instruments are sent $21 postage, Registered Mail.
Bond #s (entire sequences – 10,000 indemnity bond issue #s; 10,000 offset bond issue #s; 10,000 PN
issue #s) can be registered with UCC filings and then whenever you issue a bond or note, you assign to
the initial UCC filing which claims this as your collateral.
Take the file# from UCC registration of the bond or note – as you’re issuing the note, there will be an
assignment that gets added to the UCC for this note. Each time you issue an instrument, there will be
assignment of that instrument and each assignment refers back the original UCC-1 where all the #s are
registered. Whoever you send it to is going to be the new Secured Party (assigned to them). You can
send copies of the original UCC-1 and relevant UCC-3s to them with the Note, so that they can exercise
ordinary care. You were the Secured Party maker and issuer of the instrument.
UCC-3ap to add additional assigned to parties – adding U.S. Dept. of Treasury to Geithner’s as another
assignee of the note.
UCC-3 is either an amendment, an assignment or a termination.
You need at least two indemnifiers in addition to you (Principal and two Sureties) (and two witnesses) –
four other people who are doing their bonds at the same time. Husband and wife and son or daughter can
be on the same bond.
B/C Bonds must be filed in order to be a surety on someone’s indemnity bond.
Bond paper: 32lb., 100% cotton or linen, watermark. Heavyweight paper lasts 30 years.
Bonds have borders.
If there’s fault in the instrument, they will send it back to you. If they keep them, they are agreeing to
honor any tender or set offs you send in against these bonds.
Offset bond is drawn on your indemnity bond.
if 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, list banks, IRS and all the subdivisions and agents thereof, Oregon Dept. of Revenue (or
FTB, etc,), State of __ and all agencies and agents thereof; etc. in the list of account holders.
FTB and the State of California have the same EIN, so they’re basically the same entity.
Sureties are on the bonds, so BPNs only require one signature.
Tim Turner does 125% of the debt as the amount of the Note. Down there under For Credit To, there you
will put the exact amount of the debt (+ interest, penalties and extra fees).
Note is assigned to two parties: CFO and the Bank.
If you’re sending directly to the Treasury for set off of the debt, it would be Geithner on both the top and
bottom of the note, rather than Tom Jones (CFO)
Evidence of debt is AfVed on both sides, along with 1040V with endorsement stamp on the back of it.
The Statement AfV is the deposit that allows you to fund the money order or the note.
Uccconnect can be used to register bonds and notes on line as assignments, right before you mail them.
There is no need to record them at the Co. level because they’re not attached to any property. [5minutes,
$5]. UCCconnect won’t allow a non-domestic address in B on the UCC-1.
As the Executive Trusee of the public trust, you’re filing your interest on the property for the public trust.
Download all UCC filings onto your computer and get certified copy from the State.
If you use a POBox, use it for the public entity, because you can’t do non-domestic on your POB.
U.S. Postal Service runs the box and they are a domestic entity.
Don’t abbreviate anything on a physical, non-domestic address.
City, State; near [97402]
non-domestic, without the U.S.
The B/C Bond is worth $100B, so you can issue up to $100B in indemnity bonds based upon your interest
in the B/C bond. The $100B is just a chosen discount amount. B/C Bonds expire when you die.
If you’re born in another country, 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. [You created that
trust too.]
Ucc is a national notice system. If Oregon won’t accept your filing, file in WA. However, if you want to
attach your claim to real property, you have to record it into the Co. where the real property exists.
In the sample UCC1 registering note #s for assignments, the Secured Party is the Executive Trustee in a
$100B against the public trust. Here, the UCC1Ad is not needed.
If this UCC1 for registering note #s for assignments is done in bailor/ bailee fashion, then, it would be
reversed. The Executive Trustee (John Doe) would be in Box #1. The Bailee is like a trustee. The
Secured party is the Bailor (JOHN DOE) putting collateral into trust.
Box #5 is marked (Bailee/Bailor).
Box #17 is checked (Debtor is a Trustee acting with respect to property held in trust).
A UCC filing expires after 5 years if the Transmitting Utility Box is not checked. Box 3 on the UCC3 is
for continuing it. Box #5 and the appropriate boxes within are for adding Debtors or Secured Parties or
changing collateral.
On the UCC-3 to assign a note, if you were sending the note directly to Treasury to set off the debt,
Geithner and the Treasury would be on there, rather than Tome Jones and his bank.
Session 6 Public Remedies for Foreclosures
Lizette
Many (most?) entities who are foreclosing do not have standing to do so.
Judicial foreclosure State: In order for a bank or an entity to foreclose, they have to go through the court
system to seek the foreclosure.
Some of the judges are wanting them to show standing and they initially got the burden of that proof.
Fla., N.Y.
Non-Judicial foreclosure State: Bank does not have to go to court first; there are trustee sales in front of
the courthouses.
Banks serving your loans don’t usually own the Note. If it was securitized (95% were), it’s owned by a
trust pool.
California follows Civil Code 2924 to give due process: Notice of Default with contact info and
Opportunity to Cure - Notice of Trustee Sale; then 21 days to sell the property.
Some States are mixed.
To build your own claim on the public side:
Already foreclosed: causes of action for Quiet title, wrongful foreclosure, etc.
Yet to foreclose: challenge foreclosure in a Quiet Title action.
MERS: Mortgage Electronic Registration System, owned by all the major banks, created to make the
mortgage recording process easier. Most of the loans have been digitized.
If MERS was included in your Deed of Trust, your loan was securitized.
MERS steps in as nominee beneficiary on your Deed of Trust; meaning another bank is beneficiary and
they’re nominating MERS to be the beneficiary. The beneficiary initiates the foreclosure action and
everything that they do is electronic. Sometimes MERS is the beneficiary, but they’re not doing the
foreclosing.
/s name = digital signature
Only the beneficiary and holder of a Note has the right to foreclose, so it is good to find out who owns the
Note. The servicing company doesn’t own the note; therefore, doesn’t have the right to foreclose. The
bank servicer is a 3rd party non-beneficiary – they’re acting on the part of somebody else.
On Deed of Trust, MIN = mortgage identification number – means that the loan was securitized. (The
absence of a MIN does not mean that your loan was not securitized,
Dig deeper into the records with a FOIA request or QWR. If they want to cooperate, any title company
can get you the MIN if there is one.
Once you find that your loan has been securitized or the pool that it belongs to, investigate the Pooling
and Servicing Agreement (PSA); the agreement between the original lender and the current servicer (that
you are not a party to).
Half of the securitizations were public and can be found on line by googling the trust #.
If you’re not in default and you find that your loan was securitized and you find the PSA, you can do a
Quiet Title action because under the PSA nothing has been assigned. The original lender on the Deed of
Trust obviously doesn’t own it. If in litigation, request temporary restraining order*, requesting that they
enjoin (injunct) the trustee sale. File a quiet title action. Indicate CA Civil Code 2924 violations; 2932 or
2923.5, under Notices of Default, they’re required to sign under penalty of perjury that they’ve contacted
you in certain ways, 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, enjoining
whatever you have going on with your quiet title action and you can stop the foreclosure or trustee sale or
unlawful detainer. In the public you can use an attorney if you want – get him or her to listen to this
audio so they can be fully armed in putting together your causes of action. With a few causes of action,
your case is strong. Once you’ve handled the public side, consider AfVing and make sure everyone is
made whole on the private side.
*The court may have a tender issue and insist that you post a bond with the temporary restraining order in
the preliminary injunction phase. You can make arguments for or against it. Is a bond necessary when
the property itself is its own security? Non-sympathetic judges may at least require the amount that
you’re in fault be posted on a bond – the challenge here is that no bonding company will issue that. Past
the preliminary injunction phase, this is usally not a problem.
Quiet title action says we 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. 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 other party
can’t file anything. By quieting the title, you’re clearing the title so you don’t have anything to worry
about.
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. They need to follow their PSA.
[Same thing with credit card companies who’ve sold the loan – Federal Debt Collection Practices Act; in
CA, the Rosenthal Collections Practices Act – they have to follow certain rules. Request a verified
validation of the debt, signed under penalty of perjury (which they will never do). They can’t file a
lawsuit until they respond.]
Save the letters when your loan is sold.
When you’re in foreclosure proceeding, be nit-picky with all of the documents. Who has signed? What
are the dates?
The document date does not have to match the acknowledgement date.
Are they properly acknowledged by a notary?
Always remember that they will never sign, asserting personal knowledge.
CA Civil Code 2936(?): In California, they are not necessarily actually required to show the Note in a
litigation case, but above is all still relevant. Did they provide due process? Are they just a servicer or
are they actually the beneficiary? Do they have standing?; etc.
Generally, once the mortgage note and Deed of Trust are complete at closing, they’re supposed to stay
together – when the note is sold it invalidates the Deed of Trust. They will usually say that they didn’t
separate them; they just lost the Note.
Your Ace is the pooling & service agreement, because you can say: “No, you didn’t lose it; you sold it
and your rights - and by the way, you’re beyond your 120 days for anyone else to register any right in the
property, so basically, what’s happened is: the only party that have the right and interest you sold your
right to do not have a lien.”
Again, quiet the title and get rid of the initial lien. Because you’re beyond the 120 days, 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, but they will not try to attach an interest because
they can’t file a lien on your property. You can clear off that original Deed of Trust and get a clean title.
Because there was no proper assignment and they’re outside the 120 day limit, the only party that could
have an interest is made impotent. The note holder can never come back on you at this point.
One good thing about having an IRS lien: the bank is not likely to foreclose if it is not cost effective for
them.
When the house has already been foreclosed, obviously you don’t request a temporary restraining order
and you probably have an unlawful detainer action to oppose as well. Know that unlawful detainers move
very quickly – you have only five days to respond.
When you get the trial date, request a jury trial. This will give you more time. Get working on your
discovery.
Judges may say that you can’t challenge title in an unlawful detainer as title is not an issue, but if you
didn’t fault or fall silent on your three day notice, you can bring up title.
When you get that 3 day notice, stay in honor and immediately rebut their presumptions of interest or title
or standing. They almost definitely will not have standing if you timely respond. If they have no
standing, they have no right to possession. Don’t just agree in silence - and always stay in honor.
When signatures are not required, even responding by email is documenting. A fax receipt is as good as a
certificate of service in court.
When directly under the gun, bankruptcy can be a useful tool to combat foreclosure because of the
temporary stay. Also, they then have to prove that they are the actual creditor with standing. Nominee
has no standing. MERS is never entitled to any payment, so how are they entitled to foreclose on the
property? Mention that it is an unsecured debt and you don’t know who the creditor is. They will
probably not respond to this or put in a motion to lift the automatic stay – most likely, their strategy will
be to wait out the bankruptcy (and then take action again).
Loan modification: There are requirements in the PSA that they hardly ever follow – point out that they
didn’t follow their standards.
One Action Rule: a lot of banks are forgetting or not recognizing that if an entity accepts payment after a
Notice of Default, they’ve lost their security.
If they give you a permanent loan modification, you’ve entered a new contract.
If you go through a temporary loan modification and you pay them for three months and then they tell
you that you’re not going to get a permanent loan modification, then demand that they return your
payments to you. If they refuse, keep it in your record and you now have an action. They kept the funds
after the Notice of Default – they’ve lost the security.
Session 7 Private Remedies for Foreclosures 1
WS
Notice of Correction for Fraud to current trustee and current beneficiary if there have been assignments.
Include old trustee and/or beneficiary if you want. It’s all at the Recorder’s office.
A the grantor, you have the power to revoke a trust that was founded upon fraud.
Best to have a friend to work with, certainly someone you like and trust to be your new trustee.
Whenever you have a jurat or a notary acknowledgement, make sure you meet the requirements of the
State where you are getting the document notarized.
In sample document, the Termination of Trust Indentures also terminates the Res or Corpus that had been
placed into the trust. Put in another clause about what the trustor is putting into trust (the real property).
“The real property, commonly known as _____ is being placed into trust to be managed by the trustee.”
Notice to Cease & Desist 10 days later. Can be recorded even before you send the presentment out – you
can even say that it is a recorded document.
You can record these two documents (on separate UCC-3s) as amendments to a UCC-1 bailor/ bailee
filing [not debtor/ secured party] in the County; then you have a public record of the notices being served
upon the parties.
Bailee: Bill Brown, friend and trustee
Bailor: John Doe, trustor
John Henry Doe, bailee/ trustee
Charles Smith. bailor & mortgage holder
UCC-1
Box #1: Bailee/ trustee – the person in control of the property.
Box #3: Bailor/ trustor – the one who created the trust.
Box #5: Bailee/ Bailor checked.
Box #6: checked.
Box #17: 2nd box checked (Trustee acting with respect to property held in trust)
UCC-3s To record Notice of Correction for Fraud and Cease & Desist into the public record – can be
filed as soon as you send the document out.
Initial filing# in Box #1a
Check #1b. Of course, the UCC-1 referenced in Box #1a would also have to be RE Records.
Box #5 not checked as we are not amending the Party information.
“See attached Notice of Correction for Fraud.” [Added collateral]
Same thing but separate one for the Cease & Desist.
Box #8: collateral added.
These documents alone do not stop foreclosures – you need to assert your interest. If this is filed soon
enough, they have to give notice to the lienholders that there’s going to be a sale – They’ll send whoever
the Secured Party is a Notice of Default.
When you get the notice, assert your lien hold as the paramount security interest holder in the property.
“You been fired, Mr. Ex-Trustee – you 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.”
After 10 days, you have certification from your notary that they didn’t respond, but you don’t need them
to respond. You’re not asking them to respond - it is just notice. By their failure to respond though,
you’ve established that they have agreed.
Even if they do respond, which is unlikely, keep control of the contract; keep your claim and your
standing on top. Rebut presumptions; CAfV; affidavit of specific negative averment. In other words,
create a process around whatever it is that they do to reinforce their agreement to my terms (they can’t
rebut). They might be sorry they responded because you can make it lead to a counter-claim worth
several million dollars.
Improvise. There is no cookie cutter solution, but create a solution no matter what happens.
In California, you can’t record real estate records with the State.
Record can be recorded at the State level on line if the Co. Recorder is too much trouble. It wouldn’t be
attached to the property but it is a record. 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. Boom – there is a public record.
Tim Turner’s Freedom Docs are great, but of course, you can take your stand where no documents are
needed.
Trustee’s Deed upon Sale cancels the Deed of Trust.
Grant Deed (paramount security interest in the property) is at the County Recorder. Get a certified copy
of everything ever filed on your property, including the land patent which may be a hundred years ago.
Now, property is identified with a parcel#, a tax account.
Metes & Bounds = physical description of land. Steel posts mark the 4 corners of your property – these
are your metes & bounds.
After the trustee sale (which changed possession), solutions are possible, but not a cutter one. You can do
a commercial process after a trustee sale. Take possession back. The Grant Deed still records your
interest on the property. Until there is another Grant Deed filed, it is your property and you have the
paramount security interest. You don’t even have to file any UCC-1s.
The Trustee’s Deed upon Sale is like a Quit-claim Deed. It quit-claimed the trustee’s interest.
Look on the Grant Deed and see if you can find the name of the trustee on there. You can’t.
Your interest lies on the Grant Deed. You give it away in the Deed of Trust.
You have standing with the Grant Deed. Give 3 day notice… do an unlawful detainer on the bank; get a
writ of possession.
File a Rescission of the Trustee’s Deed upon Sale. Notice the trustee and the purchaser (which is
probably the bank who sold it).
If you’re not at the sale date yet, the rescission done with a self-executing specific power of attorney takes
away the notice of trustee sale and the notice of default.
After the sale, everything prior to the trustee’s deed upon sale does not exist. Establish whatever you
want through agreement between the parties via a commercial process.
We are all sovereign, but most have chosen to be subjects.
See Bill Thornton: Deed of Trust.
Karen Tappert: Revocation of Power of Attorney can be applied in many situations. Her process is
thorough through coming up with a Grant Deed at the end.
If someone is living in your house, don’t kick them out. Go after damages with the bank.
If there’s not someone in the house, take the house back.
Session 8 Private Remedies for Foreclosures 2
Modification of commercial security agreement – see 032010 private contract. Whoever’s name the
property is in is the Debtor. A savvy friend comes in as the creditor and creates a security interest in the
property.
Commercial Security Agreement, along with the Property List (which is attached), creates that security
interest for the Secured Party. The SA is based upon a BPN for, say, $5M (property is only worth $1M),
that the SP tenders to the Debtor, securing their interest. Then, SP forecloses on the property on the
private side, giving notice to all of the creditors.
Use in conjunction with something that is settling the account (AfV or BPN through the Treasury, etc.).
Then, UCC-1 is filed on the property by the creditor (not as Bailee/ Bailor) on the person the Note was
tendered for, for the value of the Note.
Request Regarding Statement of Account can serve as notice to the CFO. You may also include a Notice
of Tender for Set off, instructing the bank CFO that there has been a tender for set off, held by the Sec’y
of Treasury –“ here’s a copy of the record of presentment of that tender along with the Request Regarding
Statement of Account”.
This could be from either John Doe or John’s savvy friend – friend would list JOHN DOE as Debtor.
[perhaps you had bet him $5M that the patriots were going to win against the Rams and they didn’t; hence
Commercial Security Agreement]
CFO needs to sign under penalty of perjury if the balance is anything but zero. He won’t, especially if
included with a Record (showing tender is at the Treasury) and a Notice of Tender for Set off showing a
zero balance.
This is the UCC Code way of getting our Statement of Account.
The certifier is the public trust, the Debtor. Only the Debtor can send a Request Regarding Statement of
Account. That’s why signature has By: ___ and under that it says “Executive Trustee for the Trust JOHN H.
DOE”
When the notary certifies non-response after 14 days, you’ve got an authenticated record showing a zero
balance on the property (whether Treasury accepted tender or not).
Even in a judicial State, 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, but take reference to 9-210 out. They’re agreeing.
For format, see also UCC 9-610.
Search the Co. record for all interest or liens on the property. Give them all notice, even the State tax
board if they have a lien. If there’s a 1st & 2nd mortgage, notify both banks. They may all have an
interest, but your’s is paramount. You don’t even need to give them 10 days – it is just given – if they
want to rebut to assert their interest, they have 10 days.
If they assert a claim, obviously you must handle that in a commercial process. [Validation of Debt in
simple form
“You claim to have an interest. My interest is a private, commercial lien, secured by an actual
commercial security agreement. If your claim is a Deed of Trust, it is inferior to mine. I’ll let you know
if I have any proceeds left after the sale.”
This is your Notice of Sale.
Notice of Disposition of Collateral.
A Notary Seal is like a 2nd witness, so a notary is a double witness.
In this process, we do not sell the property back to the debtor, but to another 3rd party. $21 silver with a
private contract Bill of Sale and then recorded on a UCC-1 (Buyer/ Seller). File a new Grant Deed.
Typically, zero is placed as the sale price of the house on a Grant Deed, probably because most people
use debt (unsubstantial money) to buy a house.
Even though the Grant Deed is paramount to a Deed of Trust, it’s usually worth $0. Your property was
sold for $21 – real silver dollars (money of substance or exchange).
The buyer can do whatever they want with it. They can sell it back or otherwise grant it or convey it to
the Debtor or into a trust controlled by the Debtor.
In kind donations between not for profit organizations (public) are equivalent to barter in the private.
Everything you do is separate from the money you’re receiving for it. You’re acting as a bank.
Labor & services are not a factor in banking. Only exchange of debt interests are a factor in banking.
Morman & Catholic churches are 508c1a’s (corporation soles) – non-profits organizations who control
lots of for profit entities.
To remove an IRS lien, first settle the account (could be 9-210, BPN & Record of Notice of Tender for
Set Off); then commercial process where IRS grants you a Specific POA; then, after their agreement and
you have a record that they agreed (notary certificate of non-response), do a Release of Lien and record
with the County.
If you obtain s self-executing POA with any entity, you have the power over that entity. Revoke any
POA you gave them; invoke your own POA over each of them; then you can file whatever you need to
file… clear your title, etc.
Even without possession, you can get possession by establishing standing and interest in the property.
When in a pinch:
Notice bank and trustee of intent to reconvey. “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, then I will presume that you’re granting
and conveying a Specific POW for me to execute documents on your behalf, to do so.”
Mention your fee schedule if they trespass on you in the future.
Certify the non-response after 10 days and do what you want.
[1:09]
Before doing anything with your property, collect every bit information there is on your property in the
public record. Also, communicate with the title company in case they have any other information.
Perhaps, do a FOIA request.
By the way, the definitions of Lender and Borrower on the Deed of Trust are names. On that document,
those terms don’t mean what we normally think they mean. They don’t claim to have loaned you
anything.