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com Dallas Debt Discussion January 3, 2011


[Host Da!e "ack, #uests Jean $eating and %hris &ummers'
[added comments(hard to hear and(or assumed words in brackets'
1)3)11$eating*%hris&ummers.doc
1+2, %hris &ummers -. e!erybody is interested in the adverse possession consideration i. you go to your Corpus Juris
Secundum and look under ad!erse /ossessions its about 200 /ages long you are going to be .loored with what you1ll learn
es/ecially around abatement, abandonment and your considerations as a /erson that is wanting to /ut a claim in on /ro/erty
that has been considered within the county.
J$ -1!e has a /ro/erty .or 3 years under ad!erse /ossession. 2d!erse /ossession .alls under !olume 2 * 3 mostly in 2
under. The /arts that - really en3oyed is when it goes into stipulations of abandonment and cestui que account, and the
cestui 4ue act o. 1555...
J$ 6hen you register a deed you1re trans.erring...you1re doing an alienation o. right, title and interest o. the /ro/erty by
donation.
1,00 -t has to do with escheat. -. there1s no heir or bene.iciary the /ro/erty re!erts back to the state.
%& ...nobody claimed their cestui 4ue account at age 1, so what ha//ened is, the /resum/tion o. /ublic /olicy is, that the
state became the escheatment e7ecutor under /resum/tion.
J$8 2t 2203 i. there1s no e7ecutor or administrator a//ointed then anybody who has actual or constructi!e custody o. the
estate /ro/erty is the administrator or the e7ecutor. That1s why all these counties ha!e an administrator, a//ointed, .or that
!ery /ur/ose. That1s why the 3udge says you are incom/etent because you ha!e not identi.ied yoursel. the bene.iciary. 9ou
ha!en1t identi.ied yoursel. as the heir or bene.iciary to the estate. 6hat they do with a constructi!e trust in e4uity they make
the /lainti.. the bene.iciary and they make you the trustee. They do this without you e!en knowing what they1re doing.
That1s how they get restitution. -. you go get !olume one /ut out by 2merican :aw -nstitute. -ts called restatement o. the
law and restitution. There1s 100 /ages in there on constructive trusts. 2 3udge does a constructi!e trust in e4uity to gi!e
restitution, reimbursement to the /lainti... - did a trust on a 3udge..you can do this orally..i. you read the Uniform Trust
Code of 2005 you can a//oint a 3udge as a trustee and a .iduciary, a .iduciary trustee, orally. 2100 2nd i. you read 2502 o.
Title 25 it says any arrangement that has the e..ect o. a trust is a trust whether its called a trust or not. &o e!ery time you go
into court they1re .orming a trust.
%& 2nd guess what; -. you go to Am.Jur. 2d 63 C at pae 2!" it spells it out ri#t directl$ out of t#e volume !6%s
Statutes at &are' it sa$s t#at all public officials ri#t do(n to t#e arbae man are trustees to execute the closure of
the public debt and t#at an$ issues t#at is brou#t to t#em b$ t#e private sector for t#em to execute the closure of
anything. -. they .ail to e7ecute that they will be held res/onsible .or not e7ecuting their oath and them being a Trustee to
the bankru/tcy. 2205 -ts gonna knock your socks o...
J$ 6hat was the sub3ect matter o. that;
%& That was under <iduciary obligations o. /ublic o..icials and it came out of a case t#at set precedence in reards to
t#e )*S settling and closing out debt and that was structured to appoint t#e )*S as a public official under t#e
ban+ruptc$ act alon (it# t#e Comptroller ,of t#e Currenc$- to execute the closure of public debts it .ust #ad t#e
initiation to ma+e t#em t#e Trustee of an$bod$ submitting their bills to the IRS' and that was the case that set the
/recedence and the 2m Jur and the law o. the land.
J$ Do you ha!e the name o. the case;
%& =o, but i. you 3ust /ut 2m Jur 53% section 2+>, that1s 2D by the way, i. you /ut that in there you are going to come u/
with some o. the .iduciary obligations the -?& along with a whole bunch o. case law that .ollows that set /recedence. 2nd
that should be used in e!ery case@ Tra..ic tickets, anything. -. you /ut that 2m Jur 53% 2D at 2+> that makes any /ublic
o..icial obligated to work on your behal. without being your attorney, but t#e$ #ave a fiduciar$ obliation to close the
,$our- public debt at $our request or demand. 2+0+
J$ 9ou ha!e total control.
%& 2bsolutely, and i. you want to use t#at 2/ USC 0360 if t#e$ fail to e1ecute as $ou prescribe t#em to do on $our
be#alf to close out public debt in reards to $ou and $our estate t#en $ou do a petition to compel t#em as a public
official and if t#e$ fail to do t#at' no( t#e$ #ave created eit#er treason and2or defraud of t#e United States and t#e
constitution and what the intent o. the legislation set .orth. 2+0+ -1m telling you we are getting so close to lock stock and
barrel to get this thing down right, that i. these guys don1t start beha!ing they re gonna be in the same boat with these
bankers and they1re gonna show on record that they are in collusion to su//ort commerce and they disregarded and they
sto//ed re/resenting the /eo/le and we can1t /ut u/ with that not as 2merican /eo/le or a ci!iliAation at all. 201B
J$ none o. the .ederal 3udges ha!e oaths.
%& right now we ha!e 10 hits o. enactments by %ongress that has taken our country and all /ublic o..icials and all /ublic
o..ices and ha!e trans.erred the authoriAation and the 3urisdiction under the Cnited =ations under -nternational :aw and
under the ?econstruction 2ct o. 1,5, we are under military law and has not been rescinded and there.ore all /ublic o..ices
are running as a military commercial enter/rise [risk' under the CDC [Cni!ersal Dostal Cnion'.
J$ 9eah, its all under what they call Cnidroit.
%& ...we are so .ar behind with what is really ha//ening in this world...
J$ The order o. Jesuits own the %atholic church, the Eatican and the Cnited =ations and the Dentagon. 2dmiralty maritime
law all came .rom ecclesiastical law. 2,77
D" Deny the signature [on the Dromissory =ote'.
J$ 310, - /ulled the F0 /ros/ectus which /ro!es you1re dealing in an in!estment contract not a mortgage loan.
- challenged the authenticity o. the signature. -. you don1t, under 3)30,, challenge the authenticity o. the signature its
admitted. D" &ilence is ac4uiescence.
J$ Two things they ha!e to /ro!e to .oreclose. That they1re holder o. the note, holder in due course and /ro!e you signed
the instrument. *ead 3eople v 4artine5' $ou can den$ t#e sinature as a forer$. 6ecause if $ou obtain a sinature
t#rou# misrepresentation its a forer$. Fest e!idence rule, in <?%D its 1101 and 1201 it says co/ies are admissible
unless the authenticity or !alidity o. the document or the signature is brought into issue. Cnder the best e!idence rule they
ha!e to /roduce the original document.
D" 2nd you1re not 3ust doing that when you tell them - want to see the wet ink signature note, correct;
J$ Title 15 section +33.2 de.enses and claims, it uses the admonition o....- can read it to you..it talks about a buyer and a
seller. -t doesn1t talk about a debtor and a creditor. 2sk yoursel.8 6hy would they take a commercial document that1s
su//osed to be a mortgage loan and /ut it under Title 15, which is the <ederal Trade %ommission; 2ll creditor law is under
Title 12. 6hen - read this to you you1ll understand what they1re getting away with because nobody knows this. =obody1s
bringing it u/. G!erybody is asking .or the note but s#ould be as+in for t#e loan application.
D" They were monetiAing the a//lication and not e!en making the loan. 7ver$ application...ever$ t#in $ou put $our
sinature on is bein moneti5ed. 6hether you1re a//lying .or a .ishing license or a hunting license, doesn1t matter, its
being monetiAed.
J$ That goes along with Title 12 section 1,13 :1 says. Did you know that accounts are money and cash;
D" That title 15 you1re talking about they ha!e intentionally le.t that !erbiage out o. there where they cannot be the holder
in due course, correct;
J$ -t talks about commercial /ractices. -ts the .ederal trade commission.
+177 %& <oreclosures are not /art o. the ordinances in the county. The original 3urisdiction o. land issues is with the :and
%ommissioner o. the state which is under the F:". That any issue about your /ro/erty or your estate and or your land has
to be taken u/ under an administrati!e hearing under the :and %ommissioner o. the state not the su/erior court o. the state.
This is a big mistake. They misconstrue it. They are misleading you. 9ou need to take these issues u/ either at the Human
?ights %ommissioner o. the %ounty [where' there1s no ordinance that allows any kind o. a .oreclosure and(or the :and
%ommissioner .or the state.
J$ 9ou know what brings that back to the administrati!e le!el; 2 write o. mandamus. +200
%& There you go. He1s /retty shar/ guys, - want you to know that.
J$ 9ou know who1s bringing the claim; -ts not the lender.
+000 J$ 6hat it talks about is claims and de.enses that a buyer can assert against a seller. 6hy would they say to you that
there is a buyer seller relationshi/ on a mortgage loan; This is credit a//lication mind you not a mortgage loan. This is
talking about a buyer seller relationshi/ under 2rticle 2. 6ell, i. they take it sub3ect to your de.enses and claims then they
can1t be a Holder -n Due %ourse and how can they be a H-D% i. they1re not a creditor; This /ro!es that you1re dealing in a
in!estment contract not a mortgage loan. 2nd the reason they .ile a 10BB 2 as abandoned /ro/erty is because you ne!er
claimed the security. HHere1s +33.2I
Here1s the notice8
2ny holder o. this consumer credit contract is sub3ect to all claims and de.ense which the debtor could assert against the
seller o. goods or ser!ices obtain /ursuant hereto or with /roceeds hereo.. ?eco!ering here under by the debtor shall not
e7ceed amounts /aid by the debtor under.
&o what you ha!e is a buyer seller relationshi/. 6ell what did you sell; 9ou sold a security. -. you read Title 10, i. you
a//ly the rule o. statutory construction called -nclusio uno est alterus e7clusio Hthe inclusion o. one is the e7clusion o.
anotherI it means i. its included in a de.inition o. a security its e7cluded .rom the de.inition o. a note. That1s a rule o.
statutory construction. +,77
00+1 -. you read Title 10 section >, % 2 10 it says -. its included in the de.inition o. a security it is e7cluded .rom the
de.inition o. a note. 6ell i. you1re not dealing with a note you1re not dealing with a mortgage loan, you1re dealing with an
in!estment contract. Title 10 section >> 2 1 says all securities are in!estment contracts. 6here you got a note with a
maturity o. 30 years. That1s more than B months. 2nd it e7cludes notes with maturities o. B months or less. -ts e7cluded
.rom the de.inition o. a security, its included in the de.inition o. a note. -. its e7cluded .rom the de.inition o. a note, its
included in the de.inition o. a security. 9ou are dealing with an in!estment contract by statutory construction. 01+3
9ou should be asking them are you talking about a note or are you talking about a security. 2nd -1m making a claim. There1s
where your de.enses and claims come in. 6hat does it say in 3)300 and 3)305 you ha!e a right to recou/ement.
?ecou/ement means a claim. 6hat is your claim; ?ead 3)305 it says you ha!e a /ossessionary right and a /ro/erty right in
the instrument and its /roceeds and you ha!e a right to rescind negotiation o. the instrument. Hoe many o. you ha!e e!er
rescinded negotiation o. the instrument; 0230
D" Deo/le usually ha!e a tendency to rescind their Dower o. 2ttorney or /ower o. sale.
J$ 6ell negotiation means indorsement. -. you rescind a negotiation the note is worthless. [Then' they can1t sell it.
2nd what i. you regained the debt; Don1t they ha!e to gi!e you the note back;
03+> -. you read your Deeds J. Trust today it says they ha!e the right to trans.er and sell the note as many times as they
want without noti.ying you o. that. :et1s say they sell the note to somebody else. How are you going to get redem/tion...
how are you going to redeem and get the note back a.ter you redeem it, i. they sold the note to somebody else; 8#at
t#e$%ve done is called cloin. )t e1tinuis#es $our ri#t to $our equit$ of redemption. 9ou cannot redeem t#e debt if
t#ere is a cloin provision in t#e instrument t#at creates t#e debt. And t#e$ cannot do t#at. T#e$ cannot #ave a
cloin provision in a deed of trust. And t#e$ cannot #ave a confessed .udment. 9ou%ve ot a confessed .udment
under a po(er of sale. 8#en it oes into default' t#at%s (#$ t#e$ do t#ese non .udicial foreclosures. T#e$ can sell
$our propert$ (it#out a court order. And (#at t#at is' is a (arrant of attorne$.
D" That1s what they do under the =a/oleonic %ode in :ouisiana.
J$ 9eah, there has to be a bond in /lace to indemni.y the warrant o. attorney because you1re dealing in a con.essed
3udgment. -n %ali.ornia $ou cannot #ave a confessed .udment in a instrument (it#out t#e sinature of t#e debtor'
borro(er and also a attorne$ #as to s(ear t#at #e advised t#e borro(er of t#e confessed .udment and t#at #e
ac+no(ledes t#e same and $ou #ave to file t#is into t#e court record. 0030:003! of t#e California Civil Code. And all
ot#er states #ave similar statutes and most of t#em pro#ibit confessed .udments (#ic# is (#at $ou call a coni5ant
note. &o they can go to 3udgment without e!en getting a court order. ?ead your Deed o. Trust because most o. them say i.
there1s any o!ergee or i. there1s money due at maturity you can /ay it at maturity. -t says that in the DJT. 0>+0
T#e securit$ is not in default until maturit$ ,30 $ears-. )n ever$ deed of trust )ve read it sa$s if t#ere%s an$ amount
due at maturit$ it can be paid at maturit$. 8ell if t#e$ foreclose and sell t#e propert$ #o( can $ou pa$ mone$ due at
maturit$ if t#e$%ve sold t#e propert$ and t#e note;
D" 6ell that should be another de.ense against it shouldn1t it;
J$ 6ell yeah, these are all things that /eo/le are not raising because they1re not aware o. them. - told them8 - signed an
in!estment contract, where1s my /roceeds;
D" There1s another /art that /lays into this in the Datriot 2ct, .orcing them to show the source o. the .unds. 0,+,
J$ "itchel &tein attorney in &an Diego county has 2,000 /lainti..s suing Fank o. 2merica and %ountrywide. He did a
motion .or disco!ery to ha!e the /lainti.. re!eal the source o. the .unds under the Datriot 2ct. 2nd the 3udge ordered
them ...and he1s coming out with a +TH amended com/laint which - am going to get a co/y o.. - already did the research. -
went in and /ulled t#e 3atriot Act and its called t#e 6an+ Secrec$ Act (#ic# is under Title 30 section 5300 e/ seek [;'.
2nd the Treasury regulations go!erning the Fank &ecrecy 2ct are at 31 %<? %ode o. <ederal ?egulations section 101.31.
2nd they ha!e to disclose to you where the .unds are coming .rom. 2nd one o. the analogies the 3udge used was what i. the
.unds came .rom the Taliban; &o he ordered them to show where the .unds came .rom. 9ou want to remember all these
courts are under the 6ar Dowers 2ct. 2ny time you ha!e a declaration o. emergency they1re under the 6ar Dowers 2ct
which this guy..- don1t know who he as but he1s !ery well in.ormed. He says that they1re en.orcing the bankru/tcy. 6hich
brings u/ another issue. -. you go back to 1055 under the =orman %on4uest when the Duke o. =ormandy, it was <rance
con4uered Gngland they /ut e!ery body under .eudalism the doctrine o. con4uest and that1s when they stated using Deeds o.
Trust. 2nd that1s where the Doctrine o. "ortmain came .rom, which means dead hand. 2nd that1s where mortgage comes
.rom meaning dead /ledge. Here1s what this originally a//lied to. Cnder the Doctrine o. "ortmain when you ha!e a dead
hand that means you are ci!illy dead. -t has to do with ci!il death. 2nd alienation has to do with mortmain. 9ou can1t own
/ro/erty under alienation or mortmain. Jriginally the crown a//lied it to ecclesiastical cor/orations and then they started
a//lying it to cor/orations and that1s when the attorneys got their dander in an u/roar. 2nd so the king /assed legislation
gi!ing them...that1s where charitable trusts came .rom. &o they /ut /ro/erty in charitable trusts so they could hold it in
/er/etuity. That1s why all your states ha!e ado/ted the rule against /er/etuities. 2nd the reason .or the rule against
/er/etuity is the Doctrine o. Gscheats. 6hen the /ro/erty escheats back to the state and it does i. its abandoned and what
you1!e done by recording the deed is you1!e abandoned all right, title and ownershi/ in the /ro/erty. #o read your Deed o.
Trust. The borrower hereby trans.ers all right, title and interest in the below described /ro/erty to the lender. =ow go read
the instruction booklet on the 10BB 2 and the 10BB %. -t says abandonment occurs when the right, title and ownershi/ is
trans.erred to the lender. 6hen is it trans.erred to the lender; 2t closing. 9ou did a /ur/ose.ul relin4uishment and wai!er o.
right, title and interest to the /ro/erty at closing..
D" 2t the time that you think you1re buying the /ro/erty.
J$ ..when you borrow the /ro/erty. T#at%s (#$ its an unconscionable contract. 9ou abandoned all right, title and interest
in the /ro/erty to the lender@ 2nd t#e$ don%t ive $ou t#e 00<< A and t#e$%re required to do t#at. They gi!e it to you
a.ter they1!e .oreclosed on the /ro/erty. 2.ter its already in de.ault and they1!e engineered this whole thing. They can tell
you the month and year its gonna end u/ in de.ault cause they accelerate..when they securitiAe these loans. 9ou1!e got about
+ di..erent /eo/le you1!e lent the note to and t#e$%re usin t#e securit$ and t#e$%re all dra(in mone$ off of it that
accelerates the /rinci/al and interest. 5005 &o you end u/ in de.ault. 9our /ayments kee/ going u/. [ ' under a /ooling and
ser!icing agreement to which you1re not e!en a /arty.
D" 2nd its standard /rocedure to ha!e you sign 3 to + co/ies o. the note.
J$ 9eah, they sell the note but they don1t trans.er it. -ts coming out now that, es/ecially %ountrywide, one o. the women
em/loyees that handles all the trans.ers o. notes says we ne!er trans.erred any notes.
D" &o they1!e de.rauded the in!estors.
J$ 2nd =eil #ar.ield go to his web site, t#e$ put all t#e investors in place before t#ere (as ever a mortae loan.
=oesn%t t#at tell $ou t#at its an investment contract and not a mortae loan; That they use the mortgage loans as a
smokescreen to co!er u/ the .act that its an in!estment contract in!ol!ing mortgage backed securities. 2nd t#e proof of it is
t#at $our note is a securit$ (it# a maturit$ of more t#an < mont#s and its e7cluded .rom the de.inition o. a note by
statutory construction. -1!e got all the case law on this. 2ll mortgage notes are non)negotiable instruments. How can there be
a loan on a non)negotiable instrument; 5>13
D" Jean and - are working on an outline o. all this in.o.
6<>11 J?> T#e$%re ma+in $ou liable on t#e 3oolin and Servicin Areement to (#ic# $ou are not a part$. T#is is
(#ere t#e statute of frauds comes into pla$. -n %ali.ornia its under 152+. -n the Cni.orm %ommercial %ode its 2)201.
2nd the &tatues o. <raud says i. its not memorialiAed or subscribed to by the borrower they can1t make him liable. That1s
where your mortgage /ayments are going, to the in!estors. 2nd that1s why when they .oreclose on you..that1s why in
%ali.ornia they /assed 2B23.5 where they do a loan modi.ication on the in!estment contract to a//ease the in!estors. >023
6ell they1re holding you liable on an in!estment contract to which you1re not a /arty and t#e statute of fraud is
evidentiar$. )f $ou don%t raise it $ou (aive it. -. you don1t raise the statute o. .raud at the trial court le!el you wai!e it.
That1s why you1re not winning in court. 9ou1re wai!ing all your remedies. Cnder 3)100 you1re the issuer o. the .irst .unds
trans.er. The drawer and the maker is. Doesn1t that make you the issuer; Doesn1t that make it an J-D; 2nd isn1t it a
security; Fy e7clusion. G7clusion .rom the de.inition o. the note. 2nd isn1t it a security by statutory construction; 2nd
weren1t you the issuer as the drawer and the maker; Damn right you were. &o don1t you ha!e an ad!erse claim under 2rticle
,. 2ren1t all securities go!erned by 2rticle ,; 2nd don1t you ha!e an ad!erse claim and a /ossessionary right in the
/roceeds; 6hy ha!en1t you brought that u/; 6here1s my damn money; >103
>200 J/ens .or 4uestions8 How are /rison bonds related in this matter;
J$ -ts a ta7 issue cause you made a donation. #o read who1s liable on a donation. The donor is.
The bank ne!er makes an a//earance in court.
D" 6hat do you do when the court ignores them;
J$ &ay - ob3ect under rule 501. -ncom/etency to testi.y. They1re testi.ying on behal. o. the decedent. That1s hearsay that1s
rule ,01. They1re incom/etent to testi.y on behal. o. a dead /erson rule 501. 9ou do a motion to strike their testimony
because its hearsay. 2nd doesn1t the court ha!e a suis /onte [;' 9ou ha!e 2 issues here. 9ou ha!e standing under 2rticle 3
section 2 and you ha!e real /arty in interest. The real /arty in interest has to come into court and gi!e [ ' and under rule 1B
o. the <ederal ?ules o. %i!il Drocedure. -ts called 3oinder. 2nd rule 1B works with rule 1>. 2nd because you1re in an
in!estment contract you ha!e to en3oin the in!estors to the real /arties in interest under rule 1B. 9ou need to read the
bankru/tcy case Gnry Kuang. Just ty/e in8 3B5 F? >0>
?e4uired Joinder To Darty8 2 /erson sub3ect to ser!ice or /rocess who1s a 3oinder will not de/ri!e the court o. sub3ect matter
[ ' must be 3oined as a /arty i. in that /erson1s absence the court cannot accord com/lete relie. on [money;' e7isting /arty.
#o read it, go read rule 1B. [he reads the rest o. rule 1B' and nobody brings this u/.
%aller &o bonds are securities...
J$ 9ou ha!e a right to a..but $ou ot to file a claim. All securities are overned b$ Article /. @o( do $ou file...o read
(#at an adverse claim is. 9ou #ave a securit$ entitlement ri#t. 9ou%re an entitlement #older. 9ou #ave to (rite a
letter...do $ou +no( (#o t#e bro+er is; Attorne$sA
%aller That1s what %owboy, uh, ?ussel Dean [:antern;' is bringing u/ that they were the entitlement holders and whoosh,
they cut o.. all communications.
J$ T#at%s because $ou #ave a defense and a claim in recoupement for t#e proceeds in t#e investment contract
because $ou (ere t#e issuer t#at%s (#$ $ou need to file a 00<< B)= into t#e court record. Tell t#e .udeC )f $ou don%t
ma+e t#em ive me m$ proceeds and $ou do a ta1able termination in m$ interest in t#e propert$ )%m oin to file a
00<< B)= s#o(in t#e court and $ou as t#e recipient of t#e fund and )%m oin to file a 00<6 and a 00!0 form
s#o(in t#e court as t#e recipient of ta1able income. How do you like me now. ,12+
Here1s Cnited &tates District %ourt o. =e!ada ! G!y 6ang[;' right on the internet.
%aller8 How do - get my land out o. the county records;
J$ <ire the Trustee i.e., the register or recorder o. deeds. <ire him. Send #im a letter as t#e @older of t#e 3o(er of
Appointment and sa$ under t#e @older of t#e 3o(er of Appointment Act of 0<50,in Title 26 section 203/' 20!0 and
250!' -1m terminating you as the Trustee o!er this /ro/erty. Tell him you want the Deed o. Trust withdrawn .rom the
records. 9ou%re t#e Drantor Settlor plus t#e =onor. )dentif$ $ourself as t#e =onor' 6eneficiar$ and @eir. -n .act tell
him as the G7ecutor o. the estate o. the decedent and use the all ca/ital letter name. Tell him -1m terminating the Trust. 9ou
ha!e the /ower to do this. 9ou ha!e to e7ercise it. That1s the /ower because this is a ta7 issue. That1s what these attorneys
they1re making you /ay the ta7 and you1re liable .or the ta7. Fut i. you a//oint them and they do a ta7able termination and
you make them the Trustee the Trustee is liable .or the ta7able termination.
%aller 9eah but its 3ust sitting in there but o. course -1m /aying /ro/erty ta7 on it.
J$ 6ell that1s because you donated the /ro/erty to the county.
%aller &o this would also terminate the /ro/erty ta7;
J$ 9u/. 2nd do a meets and bounds, the land descri/tion and then redo the deed, but don1t record it. ,003
%aller - can do the deed mysel.;
J$ 9eah, terminate the..you got all this /ower and you1re not using it. 6rite a new deed o. trust and take it and get an
abstract o. title [title /age;' using the meets and bounds and say - own the damn /ro/erty, go .ly a kite@
%aller 2re you di..erentiating between land and /ro/erty;
J$ 9es - am. 6hat you1re doing with a land /atent you1re making a /ro/erty descri/tion. That1s why you want to stay away
.rom land /atents. They don1t describe land they describe /ro/erty. ?ead the :and Jrdinance 2ct o. 1>,0. That1s what
started the /ublic land sur!ey system. Di!ided the Cnited &tates u/ into townshi/s. 2nd Thomas Je..erson, he1s a %rown
2gent. That1s how they got control o. the land. Do you know why you want to stay away .rom land /atents; They di!ided
the Cnited &tates u/ into military districts. 2nd they did this under the -nsurrection and ?ebellion 2cts o. 2ugust 3
rd
1,51
and July 1>
th
1,52. They di!ided the land u/ into 5+, acre increments o. 35 s4uare miles each. Those were your townshi/s.
They had range, lot number, section number and what they did was /ut these /ro/erties in a military district that1s why when
the ci!il war ended they awarded land /atents or land grants .rom #eneral #rant .or the soldiers that .ought .or the north.
They were all gi!en land grants as com/ensation .or .ighting the south in the ci!il war. ,>++
%aller 9ou said i. you want to monetiAe a money order you send it to the %<J but i. you1re doing it .or say a chiro/ractor
and su//lements and stu.. like that how do you tell them to monetiAe your money order;
J$ They don1t monetiAe it. 9ou do.
%aller How do - get the money .or it.
J$ 6hen you monetiAe it it is money.
J$ Do you ha!e the bill;
%aller 9es - do. Do - send it to -?&;
J$ 9ou can do a money order on it or do an acce/tance. &end it to the bookkee/er.
%aller $ee/s sending her a bill, they don1t acce/tance.
D" That come under en.orcement. B120
J$ BB00 9ou need to et an abstract of title on t#e meets and bounds (#ic# is t#e common la( description of land'
not t#e propert$. They only started using /ro/erty when they started using land /atents. They did this to ta7 it. 6hen you
register your automobile or land they ta7 it.
1003, J$ There was a court called the C& %ourt o. Dri!ate :and %laims. This is im/ortant because the Treaty o.
#uadalu/e Hidalgo. They took out article 10, B and 5. 2nd %ali.ornia is still a territory o. "e7ico. - /ut this in my letter
rogatory. These /eo/le are o/erating under Cnidroit. That1s the uni.ication o. /ri!ate law under the Hague con!ention. -ts
called the Cnadroit %on!ention Jn Dri!ate law. 2nd - use their law against them. 2nd under the Cnadroit con!ention they
ha!e what they call Dri!ate taking o. Dri!ate G!idence and %ommercial Transactions, under Title 2, section 1>,1 and the
<ederal ?ules o. %i!il Drocedure 2, F. 2nd -1!e got a law re!iew article that goes into this rami.ications o. all this. )%m
comin in t#ere as a forein state under title 2/ section 0600 t#rou# 0600 (#ic# is t#e Eorein Soverein%s
)mmunities Act. 2nd - come in there as a .oreign state and ) .udiciall$ notice t#em and t#at )%m not sub.ect to t#eir
.urisdiction under international la( because t#at%s (#at t#e$%re operatin under. ?emember treaty law /assed
/ursuant to the constitution which is the su/reme law o. the land under 2rticle 5 section 2. The Treaty o. #uadalu/e
Hidalgo was ne!er rati.ied and ado/ted so =ew "e7ico, Ctah, %olorado, none o. these states are states, they1re all territories
o. "e7ico. 6hy do you think they1re letting all the "e7icans come in here. They ha!e more rights than you do. They were
gi!en land grant under 2rticle Ten. 10330 [so those state court decisions are not !alid'
10>00 %aller Jkay what would you do at this moment. Jkay - got the letter rogatory .or the 3udge. Fring u/ #uadalu/e
Hidalgo. Fut here - am a.ter the .act [e!icted locks changed, he changed them back but hasn1t mo!ed back in'
J$ Find him by oath. Tell him you took an oath to u/hold the %onstitution. 2nd so identi.y yoursel. as the /osterity. 9our a
/reamble citiAen under the /reamble o. the %onstitution. Tell him you1re a constituent member o. the /osterity and tell him
your white i.e., one o. the /reamble citiAens o. the %onstitution.
10>+> %aller Do you acce/t his oath o. o..ice, do you use that ste/;
J$ 9eah )%d remind #im t#at #e%s a fiduciar$ trustee b$ oat# of office to up#old m$ defenses and claims. )%ve ta+en
t#eir oat# do(n and ot it apostilled. And if t#e$ #ave a bond ) ta+e t#at do(n to t#e Secretar$ of State and et it
apostilled and t#en ) record it (it# t#e count$ recorder. T#en ) ta+e it into court and put it into evidence and sa$ $ou
and ) ot a contract budd$ and if $ou breac# $our fiduciar$ dut$ )%m onna file a claim aainst $our bond.
Tell #im $ou (ant t#e CUS)3 number. Tell #im $ou (ant t#e =uns number t#at t#is is a commercial tradin
compan$ under(ritten b$ 7uler @ermes (#ic# is Allian5 (#ic# is 3imco 6onds in t#e united States. Allian5 is t#e
reinsurance for all t#ese courts. T#e$ under(rite all t#ese court .udments. 9ou (ant to file a claim for fraud
because t#e$ made a fraudulent conve$ance and transfer of $our propert$ under 7uler #ermes and t#e$%re oin to
be liable for it. 9ou%re oin to file a claim aainst t#eir bond. 00<>!3 7uler @ermes under(rites =un and 6radstreet.
And 7uler @ermes is t#e subdivision of Allian5 out of 4unic# Derman$ (#ic# is t#e parent compan$ and its not
called Allian5 its called 3imco 6onds and t#e$%re ri#t #ere in t#e united states. T#e$ #ave an office ri#t #ere in
T#ousand Ba+s. Tell #im $ou are oin to file a claim (it# 3imco 6onds and sei5e all t#eir bonds.
11000 J$ <annie "ae owns all these notes. They go through the %hie. <inancial J..icer and <annie "ae is holding all the
abstracts and titles.
De.ault was /aid o.. by the <H2 <ederal Housing 2uthority which underwrites <annie "ae and <reddie "ac. #o to
6iki/edia and read about #inne "ae. -n!estors are /aid o.. by <H2 that1s why they1re in .inancial trouble right now. They
had to /ay o.. all these in!estors on these .oreclosures.
%aller That1s why nobody is getting relie. e7ce/t .or the in!estor.
J$ 9eah well -. you come in there as an in!estor....ile an ad!erse claim. ?ead ,)000 and ,)00, o. the Cni.orm %ommercial
%ode. -t tells you how to .ile an ad!erse claim.
11+01 toby.butterworth on sky/e to 3oin $eating1s Tuesday classes
%aller -1!e ne!er seen in writing i. you don1t res/ond within 20 or 30 days etc., until - read Flack1s +
th
lying by, its like
slee/ing on your rights. &ilence is ac4uiescence. 2nd .or anybody dealing with "G?&8 2natomy o. "ortgage <raud on
Hu..ington Dost about "G?&. 6hat would you do to take /ossession o. the house again;
J$ - would get a declaratory 3udgment. Dublish that in a news/a/er. ?ead the ?obinson ! $errigan it tells you how to do a
4uiet title.
11B33 =e7t %aller - do a lot o. a/ostilles. - had a case where - was actually winning [ ' de3ure 3udicial notice with an
a/ostille on it and - walked right out o. there.
The lawyer brought co/ies o. the note which had two indorsements on it, both signed without recourse..
J$ that1s a restricti!e indorsement. That1s a material alteration under 3)+0> and what it does is it [suretyshi/;' the de.ense.
-t discharges the drawer and the maker. "akes it !oid.
12130 %aller8 :istened to John &tuart who drew attention to any a//lication that is made and that the %<J1s who know how
to mani/ulate the .low o. money, take these a//lications and actually wind u/ becoming instruments. &o i. they become
instruments what would they do i. they get a %C&-D number on them...
D" ?ight. J$ 9eah.
..and then they bond the thing and then they go to the go!ernment and get a loan on the bond. 2nd o. course the bond goes
on the market /lace. Fut the curious thing about that is the a//lication or the instrument essentially, who1s is that; -s that
yours or the entity that you ga!e the a//lication to. -t seems to me it would be the /erson1s who .illed out the a//lication.
That1s who it belongs to. Feing an instrument you1re su//osed to get that back. J$ 9eah. %aller 2nd i. you don1t claim it
back these institutions, take .or instance a de/artment store where they say .ill out this a//lication and .or the ne7t 2 or 3
days you get 00L o... 2nd you ha!e to ask yoursel., how can they do that; 9ou /ut the a//lication in and lo * behold the
credit doesn1t work but you get the 00L o.. anyway. &o by them kee/ing your a//lication they1re are making money o.. o.
that thing... 123+> D" That is absolutely correct. ..right o.. the bat and its under a general action called Tro!er. Flack1s
:aw Dictionary says we1!e made a con!ersion without your consent and ne!er told you about it and ne!er told you that you
could ha!e it back... J$ That1s correct. ...That draws a lot o. answers to why e!erybody is unem/loyed and .illing out all
these a//lications. 6hat you sign it on is im/ortant, its not the signature itsel.
J$ 9eah, they1re going in there and accessing your account. Taking money out o. your account. ?ead Title 12 section 1,13
: 1. -t says accounts and notes de/osited in a demand de/osit account are cash or money. -t says that in <2&F [inter.erence'
cash .lows. 12005
D" :et1s say somebody a//lies .or a credit card. How do they assign a !alue to that;
J$ 6hate!er you were gonna buy they go in there and draw the money out
D" -s it arbitrary. %ould they 3ust say this a//lication is worth M0,000;
J$ -ts abandoned .unds. 9ou didn1t claim it so they did. -. - ha!e one thousand hundred dollar bills and dro/ them and walk
away, who1s got right to them; D" 6hoe!er .inds them. J$ ?ight.
%aller $ou otta o bac+ and claim t#em under Trover ot#er(ise t#e$ et it and t#e$ ot it and its a lealit$ under
common la(.
J$ 9eah, that1s right. #o get %om/ler1s %ommon :aw Dleading o.. the web. T#at%s a common la( action. So is (rit of
replevin. 9ou can replevin t#e note bac+. Tell t#em $ou (ant t#e note bac+. 9ou (ant t#e proceeds. 9ou can use a
(rit of replevin to et t#e proceeds or t#e note bac+.
%aller <riend went to bank and said - need the %C&-D on the credit card a//lication. Three days later he got a letter saying
the bill has been com/letely dismissed.
12,0B %aller 6here do - study more on rescinding negotiation o. instrument and recou/ement.
J$ 3)305 o. the Cni.orm %ommercial %ode.
%aller - didn1t hear under the holder o. the /ower you said
J$ That1s the Holder o. the Dower o. 2//ointment 2ct o. 1B01. That1s in Title 25 section 203,, 20+1 and 201+. 9ou can .ire
/eo/le. 9ou can make new bene.iciaries. 9ou can make new Trustees. 9ou got total /ower. 9ou1re 3ust not e7ercising it.
130++ %aller Do you o..er one)on)one or /aid /ri!ate sessions...
J$ 9eah, you can call me.
D" &end me an email at knockoutcollectorsNswbell.net
%aller also asks about her sisters kids being taken away.
13502 %aller ?eads email sent to him on a .oreclosure case ruling. Flows the .raudsters out o. the water.
1+277 %aller 6e1re /urchasing /ro/erty with cash .ree and clear so how can we trans.er that /ro/erty without .iling the
deed and getting caught u/ in the /ro/erty ta7.
J$ #i!e them the note walk out. 9ou bought the /ro/erty. They don1t need the deed o. trust. The note /aid .or the /ro/erty.
Tell them to do an order to /ay on the note then it becomes a dra.t. C%% 3)10+e. 9ou indorse it 1/ay to the order o.1. That
/ays .or the /ro/erty. 9ou don1t need a deed. -. you .ile the deed you 3ust donated the /ro/erty to them.
1+,1, J$ The deed o. trust is the con.essed 3udgment.
%aller How is a sheri..1s deed a con.essed 3udgment;
J$ He has the /ower o. sale when it goes into de.ault. 9ou ga!e them authority to .oreclose on your /ro/erty i. it goes into
de.ault, in the DJT, in a non)3udicial state, so it is still a 3udgment, 3ust a non 3udicial one.
[but how does that .it with what he said earlier about the money(/ayment not being due until maturity;;'.
10+77 J$ 6rit o. re/le!in is common law remedy to get note back. That1s the remedy .or the return o. a /romissory note.
10077 J$ Do an ag lien.
10B77 %aller 6e ha!e con.ession o. 3udgment in e!ery Deed J. Trust.
J$ 6hen they do a warrant o. attorney they ha!e to ha!e a bond. 2sk them .or it. The one that1s .oreclosing on it, ask him
.or his bond.
%aller 6e sto//ed /aying in =o!ember 200,, they /osted a seiAure on our door.
J$8 9ou1re not /aying on the in!estment contract you1re /aying on the /ooling and ser!icing agreement to which you are not
a /arty. - can /ro!e it, /ull the F0 /ros/ectus and get a co/y o. the D&2.
%aller They /ut the seiAure on my door in Jctober and then - .iled an G7ecutor letter with the &tate %ourt 2dministrator
who then noticed me that he was not the Trustee o. my estate.
J$ Tell him you1re doing it on the /ower o. the uh.. that you made a donation to the state you1re doing it under the /ower o.
the Holder o. the Dower o. 2//ointment 2ct. =ow you1!e got to /ay the ta7 on the donation.
%aller was that that 10BB 2 you were re.erring to;
J$ 9eah. Tell him you are going to re/ort him as the reci/ient o. the .unds.
D" Do you think he might think twice about wanting to do that;
J$ "ake em run out o. the court room. - made them run out o. the court room. -t shut the court down .or 3 months and he
hired attorneys to try to get out o. it. The 3udges hired attorneys, and the /rosecutor. - got em all. This is a criminal case, +
th

degree .elony. G!er see a 3udge /ull u/ his robe and run.
<?=1s are underwritten by agricultural /roducts. Title 12 section 3+,.
#uess who1s got a 30 billion dollar ag lien on the %le!eland .ederal ?eser!e bank. "e.
=o $ou +no( (#$ $ou s#ould do an a lien; 6ecause (#en $ou sined t#e birt# application it (as a product
contract. 9ou1re a /roduct. 9our mo!eable goods. :ook u/ catel means /ro/erty. 6here cattle and chattel comes .rom.
%a/uta latin .or head or /rinci/le. -n 3ail or the military they do a head count....They1re ta7ing you as human ca/ital. -?& is
the head o. the ca/ital .und... -?& works .or the De/artment o. 2griculture. The -?& works .or the =ational .inance center.
The Gmergency Fank 2ct o. "arch 3, 1B33, /assed be.ore HJ? 1B2.
Do you know what Dublic :aw >3)10 is; The 2gricultural Jesman[;' 2ct o. 1B3,, originally /assed in 1B33 but re/ealed.
2nd they /assed that "ay 12
th
1B33 be.ore June 0
th
, that1s why e!erything is under the De/t. o. 2gricultural. 2nd guess who
they ha!e a li!estock /rotection insurance /olicy on; 2ll o. their li!estock, or their catel HcattleI or chattel.
- called the De/t o. 2g and they said they issue the authoriAation !oucher then de/t o. Treasury issues the checks. 2+,
G!erything is under the De/t o. 2g because you are .arm /roduct. 9ou know what a 10+0 ta7 is; -ts a ta7 on .arm /ro/erty...
9ou are cattle; De.inition o. .arm is to /ay out.
8#at do $ou t#in+ (ould #appen if ever$bod$ put an A &ien on em and t#en foreclosed on it;
An a lien trumps a securit$ interest and a mortae loan. 9ou do an a lien on a UCC 0. And (#en $ou record it..
Do read (#at an a lien is. )t ives $ou t#e ri#t to e1ecution of pa$ment and foreclosure on t#e loan. And read 606
F 60" of article < $ou can foreclose on it. T#e lien is so po(erful t#at (#en t#e lien is perfected its alread$ in default
and $ou can foreclose on it under 60" t#rou# an$ .udicial or non:.udicial process. - 4uit teaching classes on this cause
guys were abusing it. 2nd /eo/le aren1t doing it right. -ts hard to do a tem/late because the .acts are all di..erent.
Cnder the Cncitral..i. you read the uni.orm laws annotated under article 3 any international /romissory note or international
bill o. e7change trum/s article 3 o. the uni.orm commercial code. -t /reem/ts it. The C= treaty is the su/reme law o. the
land under article 5 section 2. - did one on a na/kin and they ga!e me a recei/t .or it [and' they thanked me .or the /ayment.
- drew it out on a na/kin and they ga!e me a recei/t /ayment in .ull.
%aller How did you indorse it;
J$ The drawer and the maker. ..[dishonest;' - would ha!e done a 10BB J-D on them. 2ll /ublic debt instruments are J-D.
T#ese people t#at are doin B)=%s are doin t#em (ron. T#e$%re not identif$in t#emselves as t#e issuer. 9a otta
file an /2/0 because t#e$%re a public debt instrument. 9ou can call an$ bro+er tell em $our social securit$ number
and t#e$ can ive $ou t#e CUS)3 number. %ommittee on Cni.orm &ecurities -denti.ication Drocesses. 1>510
- .ound out &hanghi Fank had my bond so - called them and said - want to talk to your in!estments. 9ou1!e got my bond
and - want it back. Here1s the %C&-D number and she hung u/ on me.
-1!e got a ta/ed con!ersation between Dan Fenham and the DT% and they1re holding all o. your instruments in Trust, the
DT% is, its a holding com/any. 2nd they1re the trustee on all these credit card accounts. They1re the registered owner that1s
why they use the word %GDG and com/any. That1s the nominee .or DT%. They /ut all commodities and securities in %GDG
and com/any1s name and they1re the registered owner. And t#en (#oever t#e beneficiar$ is t#e$ ma+e t#e pa$off on
t#e...$ou #aven%t identified $ourself as beneficiar$ so t#e$%re pa$in out to ot#ers as abandoned propert$. Does that
make you want to take a blow torch to your /a/er .anny; 7ver$bod$ is usin $our mone$ but $ou. 1>B77
%aller - was wondering i. you can use the <orm 05 with the 10BB 2 to claim that you1re the bene.iciary with the -?&;
2s the Holder o. the Dower o. 2//ointment o. course you can. 9ou can do anything you want. 6ell, within reason. The
donor has all the /ower. 9ou can .ire..tell that registrar to take a hike. How - .ound all this out - got the book O%om/lete
book o. 6ills Gstates and TrustsP by 2le7ander Fo!e. - called him and he said he knew the to/ ta7 attorney there so - made
an a//ointment and talked to him .or + and one hal. hours and a.ter - got through he said you1re scaring the shit out o. me.
%ause he knew that - understood that e!erything is a donation and e!erything was a charitable trust. -n his book he says that
you can be both the trustee, the bene.iciary and the grantor settlor all three rolled into one. That1s why the courts say you1re
incom/etent. Fecause you ha!en1t gone in there and identi.ied yoursel. as the bene.iciary so they do a constructi!e trust in
e4uity, they make the 3udge the e7ecutor and administrator o. your estate which you1!e abandoned because you ha!en1t
claimed anything and that1s how they gi!e restitution and reimbursement to the /lainti... 9ou end u/ /aying under the
constructi!e trust you end u/ gi!ing restitution and reimbursement to the /lainti... That1s why you ne!er win. 2nd -1!e won
e!ery case -1!e done that on. G!ery single one -1!e been success.ul cause -1!e used trust law on them. That1s why - say you
ha!e to understand trusts law, ta7 law, commercial law and accounting. 1,1+,
2nybody that knows anything about commercial law will tell you that a loan a//lication is an account. -ts money. 2nd
when they de/osit that a//lication in an account because its the e4ui!alent o. money or cash. ?ead Title 12 section 1,13
:1. -t de.ines what de/osits are. #o read <2&F B0 statement o. cash .lows8 when a loan is made and a note is de/osited in a
demand de/osit account it becomes a /ayment to the de/ositor and a recei/t to the bank, and a recei/t to the de/ositor and a
/ayment to the bank. Cnder the accrual method o. accounting its both a /ayment to the bank and a recei/t to the de/ositor
and a recei/t to the bank and a /ayment to the de/ositor. Foth. Just like you de/osited a check.
Don1t they ha!e to gi!e you a recei/t when you de/osit a check; -sn1t that a Demand De/osit 2ccount; They actually make
a De.e1asance note ..(#en t#e$ do t#ese mortaes t#e$ ta+e $our note and t#e$ sell it' transfer it to t#e =epartment
of Treasur$. 2nd they1re not going to tell you this but - know .or a .act that they1re doing this. They issue under <2&F Q 1+0
G7tingushment o. Debt, they do an in .act and an in substance De.e1asance. T#e$ e1tinuis# $our debt at closin. They
trade your D= or [which is a' security .or a de).e)ensce note .rom the Treasury and the /ut the De.e1asance note into the
record. <rom the <rench word De.e1asance to de.eat. They did an in De.e1asance at closing. T#at%s (#$ t#e$ never s#o(
$ou t#e balance s#eet. T#at%s (#$ if $ou pull t#e *CS call report for $our loan period it (ill s#o( no residual income
for t#e first and last quarters of t#e loan period. T#e *CS call sc#edule s#o(s no residual income for t#e first and
last quarter. See (#en t#e$ do a loan t#e$ #ave to report it as income on t#e balance s#eet. 8ell if $ou pull t#e *CS
balance s#eet on t#e call reports' and t#is comes from t#e E=)C' it s#o(s no residual loans or residual income for t#e
first and last quarters of t#e loan period. )n ot#er (ords' t#ere (as no residential loans of 0 to ! bedroom #ousin for
t#e first and last quarters of t#e loan period. =oesn%t t#at tell $ou t#ere never (as a loan. 1,520
<annie "ae, <redie "ac, etc., etc. are all /art o. the HCD cor/oration.
?ead 3>00 3>05 o. title 12. The only /erson that can .oreclose on a HCD loan is the secretary o. HCD, unless they a//oint
a substitute commissioner. 2sk them .or their authoriAation .rom the secretary o. HCD to .oreclose. 30>
%aller -1m kind o. in a holding /attern right now okay, abandoned my /a/erwork with the state court administrator. They
ha!en1t done anything. - don1t know what - should .ile other than what you said earlier.
J$ 9ou know why they call them administrati!e; That1s another name .or e7ecutor.
%aller They did a /etition .or /osition o. G7ecutory /rocess .or my /ro/erty.
J$ They1re /robating your estate under constructi!e trust because you didn1t go in there and identi.y yoursel. as the
bene.iciary or the heir.
D" 6hen you did the e7ecutor letter then you /ut them on notice that you were in .act ste//ing u/ as the e7ecutor.
%aller 9es and because its e7ecutory /rocess its 3ust sitting there.
J$ Tell em you are the e7ecutor and the bene.iciary and the heir and the donor and you1re a//ointing them .iduciary trustee
under an e7/ress trust and i. they do a ta7able termination on your interest in the /ro/erty under 2603 they are liable .or the
ta7.
That1s why 2012b says when a monetary transaction is done and the !alue o. the /ro/erty e7ceeds the !alue o. the
conser!ation[;' gi!en, shall be deemed to be a donation. &o anytime you gi!e somebody money, what you call money, and -
don1t care what .orm its in, its a donation. #old and sil!er is not money anymore, its a commodity. =ow i. they do a ta7able
termination on your /ro/erty they1re liable .or the ta7.
Did you know that under 2B+1.> o. the %ali.ornia ci!il code i. the bene.iciary and the lender cannot be identi.ied that i. you
write a letter to the trustee, and they ha!e a .orm in the code section .or doing that, they can do a recon!eyance and a release
o. lien. They1re re4uired to do it in 30 days. %an you identi.y who the lender is on your mortgage; %an you identi.y who the
bene.iciary is; 2sk em who the bene.iciary is under the Dooling and &er!icing 2greement because you want a release o.
lien and a recon!eyance.
Did you know that the sec o. HCD has to do a termination, a dismissal or a release o. 3udgment be.ore they can .oreclose.
#o read 3>05 o. title 12.
D" That1s i. they1!e already gone through a /rocedure..they ha!e to nulli.y that and then go thru the /ro/er /rocedure,
correct;
J$ 9eah. 9ou could do a writ o. /rohibition. Jr [ha!e(make; them' /roduce the documentation. 6rite the sec o. HCD, gi!e
em your loan number, make a demand .or the /roceeds on your in!estment contract. 1B222
=e7t %aller - ha!e summary 3udgment granted against me in a .oreclosure case [based on;' an a..ida!it entered into the
record. - 3ust .ound a 6isconsin &u/reme %ourt case dated December 21
st
2010 saying that is not a su..icient reason to grant
summary 3udgment. -ts way /ast the time to a//eal. %an - do a writ o. error or should - 3ust concentrate on the class issue or
4uiet title.
D" -s there a way to do a !oid 3udgment on that one;
J$ 9eah you can do a !oid 3udgment, you ha!e to look in your state statutes. -s it state court;
%aller 9eah -1!e got a letter rogatory all written u/ ready to go. -1m waiting .or them to /ost the e!iction notice.
D" 9ou1!e gotta state that its /ri!ate in the letter.
J$ Tribunals. 9ou1re acting as the court. 2 court is a /lace where a contract is made. 9ou1re making a contract with the
3udge. 1B577
%aller &o basically its u/ to the 3udge as to whether or not what to do and whether or not you1re blu..ing.
J$ -ts not so much that its what you1re saying in the letter.
%aller 9ou read Toby1s letter on 2ngela &tark1s call and - transcribed it.
J$ 9eah but i. its a mortgage you gotta /ut the F0 /ros/ectus in there. +2+ F0 that1s the registration statement they .ile with
the &G%, include with letter rogatory which is /ri!ate not to be .iled into case. The Dooling and &er!icing 2grement is /art
o. the F0 /ros/ectus. They1!e been /utting them in the ,$. Dull the ,$ but you ha!e to know how to do that. -. you go get
the ,$, you can /ull the Dooling and &er!icing 2greement and /ut that in the letter rogatory.
%aller 6ouldn1t this come out in a securitiAation audit; =eil #ar.ield charges to audit...
J$ -ts coming out that they ne!er trans.erred the note so they was ne!er securitiAed. &o i. they were ne!er securitiAed the
in!estors bought worthless /a/er.
D" <raud.
%an you do the letter rogatory without the F0 /ros/ectus;
- 3ust [only' did the F0 /ros/ectus and a .low chart in the letter showed that they no longer owned the note or [rather' the
security. -t is by statutory construction. Does it ha!e a maturity longer than B months; Then its a security by legal de.inition.
%aller 6ell my hammer is the ta7 returns.
J$ Title 10 section >>a 1 says a security is an in!estment contract. 2nd so does Title 10 section >, ca 10.
They1re selling unregistered securities which is against the law. That1s why they ha!e the Flue &ky laws. <ile it .or
!iolations o. the blue sky laws, .iling an unregistered security at closing. 20021
20,30 J$ 2//oint the clerk trustee and ha!e her ser!e the /ri!ate letter rogatory on the 3udge.
D" The way to get to these /eo/le is with the money, the ta7es. "ake them liable .or the ta7es [so gi!e them a 6B;'.
J$ <ind out i. the 3udge and the clerk has a bond. #o get their oath o. o..ice. #et the bond a/ostilled and the oath a/ostilled
then get it recorded and then .ile into the court record. =ow you1re a /arty to your.../ut that in your letter rogatory. Tell him
-1m a /arty to your bond now. [ ' .ile a claim.
D" 9ou can do another letter rogatory.
J$ 2sk them .or the a//lication [its a credit card'.
D" ?ight [ask them' where1s the contract;
- was going to ask them .or the a//lication and the contract. =ow does that .oreign agent ..Title 2, section 1501still a//ly;
J$ 9eah, you1re a .oreign state.
2nd the real /arty in interest article 3 section 2;
J$ 9eah, tell em you want the bank to identi.y who the source o. the .unds was .or the credit card.
D" 6ill they sti/ulate to being the creditor;
J$ They claim they1re the creditor and the .unds came .rom them, you want them to /roduce the documentation under the
Datriot 2ct, under the bank secrecy act section 0311 o. title 31 you want them to /roduce the source o. the .unds. 2nd under
Treasury regulation 31 %<? 103.11. [e/ seek;' there1s about 10 sections there that go!ern the bank secrecy act under the
treasury regulations.
D" G!ery time that lawyer o/ens his mouth to start testi.ying saying anything about it, ob3ect. Hearsay.
%aller That1s what - intended to do..and then rule 501.
J$ -ncom/etency to testi.y. The real /arty in interest is not be.ore the court.[see /age +'
D" 6here1s "r Disco!er, or "r %hase or "r 2merican G7/ress;
J$ The court lacks sub3ect matter 3urisdiction [&"J' because the real /arties in interest are not be.ore the court and the
/lainti.. lacks standing.
6ouldn1t - be the real /arty in interest;
J$ 2re they claiming you are; %an the 3udge rule on it i. the ?eal Darty -n -nterest isn1t be.ore the court; 2sk him. &ay8
%an you make a .air and im/artial ruling i. the real /arties in interest are not be.ore the court. 21022
D" 6hat kind o. e7hibits did they /ut along with the com/laint.
%aller Just co/ies o. the statements. They don1t list any statutory codes. :ooks to me like they1re trying to do it by saying
Jkay, this guys had an obligation and you can see all the track record here that he was /aying on it then all o. a sudden he
3ust sto//ed.
D" 9eah well your honor there is no .irst hand .act witness to testi.y to the authenticity o. these documents. They1re
hearsay and they must be stricken.
J$ The real /arty in interest has to come in and gi!e .act [ '.
D" - can1t cross e7amine a /iece o. /a/er.
%aller -1d like to hammer that 3udge .or making that letter /ublic.
D" ?emember under the 1B01 act you ha!e the /ower o. a//ointment and you can a//oint that 3udge as trustee. 9ou can
make the 3udge liable.
%aller &o in other words, okay, by them .iling that in the /ublic does that not negate e!erything on that /iece o. /a/er;
J$ -ts not in other words. Those are the words.
%aller %an - /ut that same letter back in ser!ed to 3udge by the clerk.
J$ 9eah. "ake a claim .or the /roceeds. Tell em you want to know who the indentured trustee is. Tell them under the
compan$ investment act o. 1B+0, you ha!en1t read my letter - sent to %a/ital Jne on a credit card, 1+ two thousand dollar
/ayments. 2.ter - wrote the letter they credited the /ayments. They were de/ositing the note and then withdrawing them
again. - made em /ost the .unds. - said either /ost the .unds or send me the 10BB J-D showing who the reci/ient o. the
.unds are. 6ho1s got a claim to the account; 6ho is holding u/ the de/osit o. the .unds to the account;
%aller &o - should ask who the indentured trustee o. the contract is;
J$ 9eah and under the %om/any -n!estment 2ct o. 1B+0 they ha!e to meet the 4uali.ications o. an indentured trustee. 2nd
under the com/any in!estment act o. 1B+0 they ha!e to meet the 4uali.ications indentured trustee.
2220B - want a certi.ied co/y o. the a//lication determining the eligibility o. the the Trustee to act under subsection 2 o.
section 310 o. the Trust -ndenture 2ct in accordance with the rules and regulations /rescribed by the commission under
section 300 F 2 o. the Trust -ndenture 2ct. 2sk them .or co/ies o. the =22 registration .ile /ursuant to section , 2 o. the
-n!estment %om/any 2ct o. 1B+0 on the 10$ annual re/ort and the &3 registration statement. The &+ registration statement.
The +2+ F0 /ros/ectuses. <iled under section 13 and 10 D o. the &ecurities G7change 2ct o. 1B3+. - asked them .or the
name o. the credit card trust account and the name o. the trust and the name o. the indentured Trustee who is handling or
/aying the interest on the certi.icated securities to the DT%.
D" 2nd i. they can1t su//ly all that tell them you want a continuance until they get it.
J$ Do a disco!ery. Do a re4uest .or admissions under rule 25. -. they don1t answer it, its admitted.
D" 9ou can do the interrogatories and re4uest .or admissions.
%aller 6hat order does a /erson do this in anyway;
D" Ha!e you heard o. Jurisdictionary;
%aller -1!e listened to it se!eral times but...
D" #oogle re4uest .or admissions
J$ 9ou .ile a motion .or disco!ery admissions. ?ead your rules o. ci!il /rocedures .or admission. 2re you in state court;
#et their rules o. court and use their rules against them. 2 motion .or admissions.
%aller - can 3ust !erbaliAe that in court then right;
J$ 9eah, tell em you want...- would .ile a motion. Tell them you need a continuance cause you want to do a motion .or
disco!ery and admissions.
%aller 6ould it be smart .or me to talk to the attorneys .irst;
J$ 9eah call em u/, tell em you want a continuance cause you1re gonna do a motion .or admissions and disco!ery..i. they1ll
sti/ulate. 9ou1re su//osed to do that anyway. %ontact the attorneys and say you want a sti/ulation .rom them to a
continuance cause you want to do a motion .or admissions and disco!ery. - could do one and make em 3um/ out thewindow.
%aller That1s like a 3 liner - guy could ty/e u/. Fut really -1m recontracting at that /oint because i. the attorney can1t talk
and they don1t ha!e the real /arty in interest shouldn1t it 3ust sto/ right there and say a motion .or dismissal;
J$ 6ell you ha!e to /ro!e...you want e!idence o. that .act. That1s what admissions is .or.
D" 9ou1re getting in their /ocket then.
J$ That1s what they do to you. This is why they beat you guys in court.
J$ 2sk them to sti/ulate to it and tell the 3udge that they sti/ulated to it.
%aller -. he dismisses it;
J$ Then you want a continuance .or assistance o. counsel because you1re going to do a motion .or admissions and a motion
.or disco!ery and you need more time to do it cause you1re going to get an attorney to do it.
That1s why 3udges don1t like /ro se litigants they don1t know rules o. court and rules o. e!idence.
23>00 J$ #et a sur!eyor to do a metes and bounds on the /ro/erty and then do a 4uiet title. Then get a ruling a declaratory
3udgment that you ha!e title and ownershi/ to the land. -. they don1t come in there, /ublish it in the news/a/er.
?ead ?obinson E $errington %ali. 1B0> tells how to do a 4uiet title.
%ourt o. Dri!ate land %laims H.ederalI.
2++12 %& %ali.ornia :and %ommissioner1s J..ice, where you can actually ha!e a hearing, directly assigned by the Cnited
&tates F:" so they do ha!e relations with HCD.
The other thing is e!ery county has its own administrati!e o..ice that you could take your issues that are..that are disgruntles
and redresses in the county and that1s called the Human ?ights ?esource %ommissioner where you .ile a com/laint it gets
/ublicly logged take your document in to the commissioner and e7/lain that you1re being .oreclosed u/on or you1re not
ha!ing your needs met, that you ha!e redresses and grie!ances is that they1re linked right directly to the counsel and the
board o. su/er!isors .or the county and they will source [.orce;' the issue that i. there1s a non com/liant issue that1s
ha//ening in the county, es/ecially i. the county does not ha!e ordinances that allows the county that allow .oreclosures to
ha//en in the county that1s a non com/liance issue and they will ha!e to deal with it. The board o. su/er!isors has the
/ower to uhm .orce the district attorney and the sheri..1s de/artment to abide by their decisions. &o its the Human ?ights
?esource %ommissioner o. the county that you take your issues to and they stand between you and your disgruntles
redresses with the board o. su/er!isors which is the head council .or the county. 2+>3+
20+35 %aller knows a guy who got a co/y o. the log o. the title trans.er .rom the title com/any, not .rom the bank. He told
me the day o. the close the in.ormation was sent .rom Jrange county to Deutsche bank in #ermany back to %iti Fank in
=9 to &an <rancisco .ederal reser!e bank and all o. that was 3ust in.ormation trans.er. 2t that /oint howe!er <ederal
?eser!e turned it into a check made out to him [the guy who recently bought the home' which o. course he ne!er saw. -
understand his dra.t was then used to create an account .rom which the money is so)called loaned to him and then they
e!entually declare it to be abandoned and the bank /uts it on a 10BB 2. That last /art is theory but what he told me was
that1s what he .ound .rom the wire trans.er log. - thought it might be interesting.
20,00 %aller How do you get the bank or county records;
J$ T#e count$ records are available from t#e E=)C (eb site' t#e call report.
T#e 65 prospectus and t#e S3 reistration statement' t#e /?' t#e 00?' t#e S! all available from t#e S7C (ebsite but
you have to know the name of the trust. %ountrywide is cwelt so - can download any trust .rom them. %)w)e)l)t.
9ou can get your %C&-D number and /roo. that its a mortgage backed security in!estment contract a mortgage backed
security.
-. you1re going to do the /ublic notice do it in the county the /ro/erty is in, and do a metes and bounds .or a 4uiet title.
T#e abstract of title ,t#e title pae- (ill s#o( t#e loan (as paid off at closin and Eannie 4ae #as t#ose. Fut - ha!en1t
been success.ul in .inding their /hone number. 25333
25>05 %aller - signed two things - belie!e it was a a//lication .or a mortgage and a second mortgage.
J$ Did the note ha!e a maturity o. more than B months; 9es. J$ Then its not a note its a security. Tell em you want your
money .rom your in!estment. #o read article ,. #o look at an ad!erse claim and security entitlement rights and what a
security entitlement holder is. ,)002, ,)003, ,)000)00, tells you how to .ile a claim. 2re you in .oreclosure;
%aller =o, but -1m /re/aring .or it.
J$ 6rite a letter to the attorney. Dear warrant o. attorney, -1m .iling a claim on the /roceeds and the instrument under ,)000
and ,)00, as a /ossessionary and /ro/erty right under 3)305.