Quick Administrative Process Plus Court Enforcement Process

Quick Administrative Process Plus Court Enforcement Process
DELETE BLUE COMMENTS BEFORE PRINTING

(last revised 10/18/2010)
Step by step document guide
Keep in mind you may need legal counsel on some portions of these
processes as needed. Get legal help when needed. Either way it is
essential you are the one directing the process.
Other processes are likely NOT needed if using this streamline approach.
Tools or techniques such as payments with a bonded promissory note, more
elaborate notary acceptor processes, accepted for value (A4V), mortgage
fraud complaint to the government, or secured party creditor training are
generally NOT part of this plan, if using this stand alone process. If you wish
to add those other processes, do so based on your own understanding and
study elsewhere. Support is generally not provided on those other processes
when following this process.
URGENT REMINDER: If facing foreclosure, FIRST use the Stall or
Stop Foreclosure tools to buy necessary extra time to do these
processes. Also note, to get the best results, you will use these
letter as a way to assemble evidence first. Make the lender prove
standing.
These are the most likely steps:
1.
File the admin letters to establish evidence, and prepare a

case on your own. Do NOT hesitate to start this process now.
You will have time to study while this process plays out.
2.
Part 2 of your evidence development, it to have the proper

live investigator forensic audit performed, and be sure it
includes an appraisal audit and SEC audits as well. Most audits
do not feature that. Also be sure they are willing to give you a plan of
action and direction. Again, most audits alone to do not accomplish
this, but as a LFC mortgage freedom member, the audit providers go
the extra step of helping with the recommendation.
3.
(RECENT UPDATE) Have a local attorney or professional

negotiator negotiate a Recast and Restructure - rate and term
change. A well designed offer has resulted in 20% to 80%
Principal reduction, and subsequent payment adjustments, all out of
court. This is the desired result for most people I this process. If they
will not give you what you want there, go to step 4.
(NEW OPTIONAL SECTION) NO LETTER EXAMPLE PROVIDED, BUT
DRAFT ACCORDING TO THESE TERMS. SEND A LETTER SUGGESTING
YOUR WILLINGNESS TO MITIGATE PRIVATELY PRIOR TO LITIGATION
PROCEEDINGS.
DRAFT WITH SUPPORTING DOCUMENTS, AND HAVE A LOCAL

ATTORNEY SEND FOR YOU OR REDRAFT TO THEIR LIKINGS.
TERMS YOU ARE SEEKING:
A. PROVE STANDING AND THE DAMAGED PARTY (REF ADMIN PROCESS
LETTERS). THEY MUST SHOW THEY ARE THE PROPER CREDITOR/ OWNER IN
DUE COURSE, WITH THE RIGHT TO MAKE CLAIM OF A DEBT. THEY MUST
SHOW ALL ASSIGNMENTS AND REQUIRED PUBLIC UCC ASSIGNMENTS.
B. MAKE THEM PROVIDE RECORDS OF THE HANDLING AND ACCOUNTING OF
THE PROMISSORY NOTE AND REVEAL ALL PROFITS GENERATED, INDICATING
THEY HAVE GENERATED PROFITS FOMR THAT NOTE AND HOW MUCH. MAKE
THEM EXPAIN WHY THOSE PROFITS WERE NOT SHARED WITH THE CREDITOR
WHO ORIGINATED IT.
IF THEY CANNOT PROVE STANDING AND PROVIDE THIS DOCUMENTATION,
DEMAND THE MORTGAGE BE RELEASED AND SETTED AS PAID IN FULL.
You may want to draft this, and have an attorney send it for you, just give it
weight. Of course show the previous documents generated at attachments,
especially if you also filed a complaint or counter claim in court. Show them
you are serious, but will to talk.
GOAL: to remove the mortgage if they do not have a claim, or at
least a serious principal reduction and favorable terms.
4.
File a case (SUIT) in Federal court (or county court in many

cases the fastest way us to use the bankruptcy court which will also
stop the foreclosure). Don't worry though, if you make the lender prove
standing, and they cannot, this may get the BK dismissed and the
mortgage settled/satisfied.
5.
You may be directed by your attorney to file suit against the

lender or use the Federal court or BK court to submit the audit
while you also demand the lender prove their claim and prove
proper securities assignments, as demanded in the admin
letters. This is typically something the lender does NOT want seen in
court. Be sure your legal advisor knows this is your position and
process. YOU direct the process.
6.
File a quite title action (see example document)
PREPARATION: We suggest you complete the Mortgage Settlement

Preparation Worksheet before starting these documents. You need
every field accounted for, prior to beginning the doc prep process.
You can then simply COPY and PASTE your completed data into the software
or documents. Also we suggest you type up your own written action plan
prior to starting.
When filing documents in court or filing a complaint (suit), we

suggest you contact a local paralegal or attorney to review your
paperwork plan and process, This will ensure you have the local
procedural things covered. This will also save money. Of course,
use an attorney if you feel necessary.
For your convenience in preparing these documents, most of the needed
documents you will need in this process are in the ONE large MS-Word file.
Just print the PAGE numbers you need, at the time you need print them.
These documents are also assembled to make using the FIND and
REPLACE function in WORD or Open Office to edit docs. For example: FIND
[OWNER NAME] , including brackets, and replace all with JIM SMITH
When done be sure to SAVE AS to save as a new document. DO NOT
overwrite your original template. You may need the template for more than
one loan case. Each existing mortgage/loan requires a separate set of
documents prepared.
Remember the silence is acquiescence concept is definitely a part of what
we do. BEWARE this can back fire on you!
If you do receive a threat response (usually they are incomplete,

or diversionary, and therefore non responsive), you could reply with
a letter stating:
I received a response re: Dates _________. However, it was

considered a non-response according to the terms of the contract,
which required an answer to all counts, point by point, with
documented proof. UPDATED SEP 2010
Complete these general steps (you can determine some of this on
your own).
Send all using Certified mail and keep delivery receipts, either green
card or print out the online confirmation, for your record.
1. First letter to lender -in response to their suit or claim (even a regular
mortgage bill is a claim, if not in foreclosure). Generally you should wait 30
days before sending letter 2 (can go as little as 14 days on letter #1 if
needed).
2. Send Second Letter to lender (follow up). Generally wait 3 to 10 days
for 3rd letter (or as you specify, it can be less).
3. File the Notice of Default and Cease and Desist (notifying the bank
of its failure to respond properly). This is sent to lenders and agents at
about the same time you file the court case. This also notifies the lender of
your intent to take action and modify the deed of trust if needed.
4. File the Petition of Verification of Debt with the court, if you
want to stop the lender from foreclosing in a local court. Let them
know you have filed this. A local Paralegal or attorney may be able to guide
you to getting this filed.
Then send a letter offering to mitigate based on your finding (NEW
OPTIONAL STEP)
YOU MAY WANT TO WAIT ON STEP 4 UNTIL YOU COMPLETE THESE LETTERS in
steps 1 - 3, and get the audit in hand. Then decide if you should first
negotiate a Recast and Restructure rate and term change. It is
best to have a professional negotiator OR YOUR ATTORNEY do this
for you. You legal counsel may advise to file step 4 as leverage first, then
negotiate. It is all about timing and leverage for your particular case.
Then if needed follow up with a suit and make the lender prove standing.,
and bring out the violations found in the audit. Also note, filing a bankruptcy
in Federal court (under legal counsel of course), allows you to verify all debts,
including making the lender prove standing. THIS is where you can win, IF
you already have your administrative documents complete AND the proper
type of audit to indicated lender flaws and/or assignment flaws. The lender
has a serious problem proving legal standing if there were flaws in
assignments or accounting. Quite often audits are finding out right forgery
and fraud in those documents. The lender may likely try to even avoid
having it heard in federal court, as the trends indicate. If urgent do this first
and let foreclosing lender/and foreclosing trustee/attorney know in person, in
order to attempt to stop the foreclosure action.
OPTIONAL: send the Credit Agency Letter now to better protect your
credit. You can even send this at about the same time you actually file your
court case above.
OPTIONAL: Also send a brief letter to your selling trustee (if an auction
is pending), informing them the deed of trust is satisfied, and the matter will
be brought up in court, as a result of this process. Let them know they too
could become part of any legal actions if they ignore you. This was due to
the bank not providing adequate proof of claim during this process. Declare
the mortgage and note null and void due to this default, pending court
action.
REMEMBER: IF THE LENDER IS ESSENTIALLY STOPED AT THE DOOR because
they cannot even prove standing and proper documentation, this may be a
very quick court action in your favor. The key is to set up these
circumstances with the administrative letter and the court filing.
5. Finally you may need to file a Quite Title action in Federal court.
Seek counsel on this. You may be able to prepare most of it with a Paralegal,
but have an attorney to back you up, just in case. Just be sure they
understand your thought process in this from beginning to end. YOU stay in
charge, that is the key. Using our experienced professionals we list is also a
key, as they understand that is going on better than most untrained local
attorneys. This alone may save you money in legal fees.
AFTER THE FACT ACTIONS TO CONSIDER:

If they are still moving forward with foreclosure or action, show the
selling trustee your documents immediately, especially your Civil Suit and
Motion to Compel (counter claim). Inform them they will also be named
in the action if their process continues. Then file this complain with the court,
with the intent to follow through.
NOTE: If a recorder stops you from filing anything, use the
processes suggested in the recorders section. Proceed to the legal
filing, and start the suit, then file all these docs then as evidence if
needed.
If they ignore you and foreclose anyway, you could also file a
Complaint for Wrongful Foreclosure if you were previously foreclosed
upon or if during final stages of foreclosure. Use the same process
essentially, (SLIGHTLY MODIFEID FOR CONTEXT) and legal actions for
Wrongful Foreclosure may still apply. Make them prove they had
standing and that no fraud was involved.
Chapter 13 bankruptcy is also another option to stop things while you then
complete this process. Then have the bankruptcy judge require the lender
prove their claim well beyond just providing a standard B10 form.
A legal team who works with many of our students, can also be considered
for advice or support. Additional fees apply. Get those links on the web site.
Additional steps such as commercial liens or governmental complaints can

be used if they proceed to take the house. Other processes like that are now
taught elsewhere, but can be an add-on to this process. The bottom line is
to compel a judge to order it case closed and get you either paid or have
the mortgage removed. Many can get finality in that arena.FIRST LETTER
TO LENDER (DELETE) send to current lender and servicer if
needed.
Send directly using certified mail or notary acceptor is preferred.
May also be modified as needed for foreclosure or non foreclosure
situations. This is the foundational document on which all follow up
documents are based, keep that in mind.
[ALL CAPS NAME]
c/o [Natural Name]
[ADDRESS]
[CITY, STATE, ZIP]
DATE ____________, 201__
TO: [LENDER]
[LENDER ADDRESS]
[LENDER CITY, STATE, ZIP]
RE: My request for inspection of
MY WET INK ORIGINAL Promissory Note
Name: [ALL CAPS NAME]
Property Address: [PROPERTY ADDRESS]
Loan Number:
[LOAN NUMBER]
CC: Attorney or trustee company coming after you in a foreclosure
SUB: REPLY TO YOUR DEMAND OR NOTICE FIRST NOTICE
Dear [LENDER],
I am in receipt of your Notice that [FORECLOSING TRUSTEE OR ATTORNEY]
(as trustee) represents [LENDER] (hereinafter LENDER/AGENTS), the alleged
holder of the above referenced loan. As acceptor of your offer to foreclose or
issue a payoff demand (choose which applies), I have the right to dictate
terms (especially those protections I have under the law).
This letter will serve as notice as my acceptance of your offer/claim upon
presentment of the original unaltered note or contract (choose which applies
NOTE or Contract usually it was a NOTE) ADDITIONALLY we require copies
of all required Deed of Trust or Mortgage document assignments and
required public recordings LISTED BELOW, proving you are the damaged
party, the true creditor, and/or the true party in interest.
These documents should also include all of these evidentiary documents:
1) Form S3 registration statement
2) Form 424(b)(5) prospectus (for the SEC)
3) Form FR 2046 balance sheets
4) Form FR 2049 balance sheets
5) Form FR 2099s balance sheets

This is the first requirement under the terms of this self executing
agreement. As you know, upon payment, I am entitled to the
original unaltered note and the above mentioned documents, so
that it may not be re-presented by another alleged debt collector.
In recent cases brought by various banks, the courts have thrown out the
complaints for failure by said banks to bring forward the Notes to prove up
their claims and proof standing as the damaged party, and the original
creditor and true party in interest. Consider the article by Bob Ivry of
Bloomburg.com from which this short quote is taken:
U.S. District Judge David D. Dowd Jr. in Ohio's northern district chastised
Deutsche Bank National Trust Co. and Argent Mortgage Securities Inc. in
October for what he called their ``cavalier approach'' and ``take my word for
it'' attitude toward proving ownership of the mortgage note in a foreclosure
case.
John Gallagher, a spokesman for Frankfurt-based Deutsche Bank AG said the
bank had no comment.
Federal District Judge Christopher Boyko dismissed 14 foreclosure cases in
Cleveland in November due to the inability of the trustee and the
servicer to prove ownership of the mortgages.
Similar cases were dismissed during the past year by judges in various
states including, Massachusetts, Kansas and New York.
http://www.bloomberg.com/apps/news?
pid=20601109&sid=aejJZdqodTCM&refer=patrick.net
http://www.google.com/url?q=http%3A%2F%2Fwww.bloomberg.com%2Fapps
%2Fnews%3Fpid%3D20601109%26sid%3DaejJZdqodTCM%26refer
%3Dpatrick.net&sa=D&sntz=1&usg=AFQjCNF2R-pOFbpX4WFYv9_z8H10lT8JQ
The judges in these cases know that to convene a court or award judgment
without any basis whatsoever is not only a breach of their oath to be
impartial, but conspiracy to defraud.
If you fail to claim (the full payment tendered), or fail to respond to this
document with an affidavit, or if you provide a non-response letter, the
consequences are that you are contractually agreeing to an ex-parte hearing,
waiving all legal remedies or rights or litigation, and agree to the terms set
forth below.
By failure to produce your standing that you are the holder in due course,
you would necessarily agree that LENDER/AGENTs claims were frauds,
without any basis whatsoever. That would make your payoff demand letter a
Counterfeit Security, backed by little or no evidence to the contrary.
It would also mean you were engaged in a commercial trespass and

fraud; therefore injuring me.
Therefore: I will conditionally accept your offer if in return you will agree to
have your client LENDER/AGENTS immediately produce the original unaltered
note AND all other documents listed above.
As a result of damages incurred for this fraud, you also agree to immediately
pay me triple damages. That would be three times the original alleged note
amount tendered. So, if you attempt to collect but fail to produce the
original unaltered note of [ORIGINAL MORTGAGE AMOUNT] or contract
and above mentioned Deed of Trust or Mortgage related documents,
you agree to immediately pay me [3 TIMES ORIGINAL MORTGAGE AMOUNT].
Should you fail to immediately pay me [3 TIMES ORIGINAL MORTGAGE
AMOUNT] you agree to grant me Power of Attorney to handle this business
on behalf of the beneficiary including all LENDER and AGENTS, and its senior
officers as well as granting me a lien against all property held by you and the
senior officers of all LENDER and AGENTS. You agree that I may collect by
selling off your property without your protest and without further notice to
you.
To insure that this agreement is fully binding: upon receipt of this
agreement, (realizing that LENDER/AGENTS may not have the original
unaltered note) you have (3) THREE days after receiving this notice to
withdraw your claim by noticing [ALL CAPS NAME], at the above
mailing location, that the claim of LENDER/AGENTS is null and void and that
LENDER/AGENTS claim is withdrawn. Should you fail to withdraw the claim,
having had notice and opportunity, you agree to be bound by the terms of
this self executing agreement; agree not to proceed with any late
payment claims or negative credit reporting, foreclosure, or court case, as I
have made known my intent to tender full payment or else will have already
tendered payment, and you agree to accept said terms as explained above.
You and the senior partners of [LENDER], as well as the CEO of ALL
LENDER/AGENTS agree to be appointed fiduciaries with the mandatory
duty to settle the claim upon receipt of this agreement, and immediately
produce your public hazard bonds, so that I may enforce my claim upon
your failure to produce the original note and proof of claim documents as
required under the law.
The notified LENDER/AGENT agrees that a non-response or incomplete
response with specific evidence of standing, which shall be deemed a nonresponse, would grant the original Grantor/Trustor of this TRUST
AGREEMENT; [ALL CAPS NAME] the right to act as or to appoint an agent of
the beneficiary for removal of current power of attorney and subsequent
appointment of successor trustee for the specific purposes of filing an
Amendment of the Deed of Trust, and a Full Reconveyance of the original
Deed of Trust, or filing a Satisfaction of Mortgage/ Release of Lien of the
original Mortgage instrument, and modification of credit status of [ALL CAPS
NAME] on their credit. These actions will thus finalize the lenders claim as
satisfied in full.
AUTHORIZATION TO RELEASE LOAN INFORMATION: I hereby authorize

you to release any and all loan information requested to [NOTARY
ACCEPTOR] a third party NOTARY PUBLIC.
I am the owner of certain real property located at the above address which is
security for an alleged loan made by [LENDER] to me. I am doing a
verification of claim on this loan as I am entitled by law.
This response is due no later than 14 days after your verified receipt
of this letter.
Again, failure to respond to this letter will be taken as an administrative
default as per commonly accepted Administrative Procedures. Failure to
produce these required documents will be taken as an administrative default.
Please be advised. An altered or unaltered copy of the Note nor an
Affidavit of Loss or any other forms will not be acceptable.
Please contact me in writing to arrange for an appropriate point of inspection
in [OWNER CITY], [OWNER COUNTY] County, [OWNER STATE].
Sincerely,
[Natural Name] (Upper lower case name)
Authorized Representative for [ALL CAPS NAME]
SECOND LETTER TO LENDER send to current lender and servicer if

needed. Send directly using certified mail or notary acceptor as is
preferred.
[ALL CAPS NAME]
c/o [Natural Name]
[ADDRESS]
[CITY, STATE, ZIP]
______________, 201__
[LENDER] ATTN: Customer Service Department,
[LENDER ADDRESS]
Reference: Property Address: [PROPERTY ADDRESS]
PREVIOUSL LETTER DATED: __________________, 201__
SUB: REPLY TO YOUR DEMAND OR NOTICE SECOND NOTICE
Dear [LENDER],
I refer to your care package dated _____________, 201__
THIS IS YOUR SECOND NOTICE TO RESPOND. I wish to advise you that your
negotiated instrument has been accepted for value upon proof of claim
which may be substantiated by presenting the following debt and document
details within 10 days of receipt of this Notice to the address listed
above.
1) Proof of the existence of the account or contract in the actual flesh and
blood name of [ALL CAPS NAME] duly signed and witnessed by both parties,
not a unilateral agreement and upon which signed page there is
reference to the entire agreement.
Note: [ALL CAPS NAME] is an artificial entity, a limited liability legal fiction
trademark which constitutes valuable intellectual property and all rights,
titles, and interests are reserved.
2) Proof of Claim that you are the current holder of the due course of the
Original Above Mentioned Debt Instrument and it has not been sold to
another party. I wish to have the aforementioned instrument presented to
me for visual inspection as well as the other documents mentioned in the
previous letter (enclosed). Not a copy, nor an affidavit, but the actual
ORIGINAL WET INK SIGNATURE PROMISSORY NOTE plus the other
listed documents. You are required by law to maintain good care of my
legal instrument as per USC Title 18, Part 1, Chapter 101 2071.
3) Copy of the actual account whereby bank assay has occurred showing
actual loss incurred of the alleged debt from your client. Please stipulate via
an affidavit that you are a creditor of the note and have a right to claim a
debt is owed as a damaged part in the Deed of Trust or Mortgage, in

accordance to Generally Accepted Accounting Principles (GAAP).
Please be advised that I have filed suit (or replied with a counter claim is
being sued) against [LENDER] requesting presentment of my ORIGINAL
WET INK SIGNATURE PROMISSORY NOTE and other listed Deed of Trust
or Mortgage documents, with the CIRCUIT COURT OF THE [OWNER STATE]
JUDICIAL CIRCUIT IN AND FOR [OWNER COUNTY] COUNTY, STATE OF [OWNER
STATE], CIVIL DIVISION on ___________201__. Case # [CASE NUMBER]. I have
previously given you 30 days to comply with my request to produce proof of
claim, by presenting to me for visual inspection with the ORIGINAL WET INK
SIGNATURE PROMISSORY NOTE and other listed documents. You will find the
copy of the case enclosed. You were unable to comply with my request and
as such have defaulted on your administrative remedy.
As a matter of courtesy, I will further extend my request from this date for
another 7 days for you to provide me with the proof of claim (expiring on
______________201__. You are hereby given notice that failure to produce
proof of claim after this courtesy means you will have exhausted your
administrative remedy and no further claim can be made against me
nor my property.
Please Note: Incorrectly addressed mail shall be returned unopened and
unread. Any or all correspondence from this point must be by mail only.
[ALL CAPS NAME] does not authorize the recording of his voice at any time
for any purpose nor does he consent to be contacted by telephone and shall
enforce his copyright in all instances such as copyright infringement or
trademark violation. No authorization for the use [ALL CAPS NAME] is
implied, granted or admitted.
[ALL CAPS NAME] agrees to hold harmless [Natural Name], the natural flesh
and blood human being, for all claims and liabilities under private contract
between parties.
Sincerely,
[Natural Name] (Upper low case name)
NOTICE OF DEFAULT ON THE LENDER

[ALL CAPS NAME]
[ADDRESS]
[CITY, STATE, ZIP]
____________201__
TO: [LENDER]
[LENDER ADDRESS]
CC:
MERS
P.O. Box 2026
Flint, MI 48501-2026
Re:
[PROPERTY ADDRESS]
Loan Number:
[LOAN NUMBER]
Deed of Trust:
[DEED OF TRUST NUMBER]
NOTICE OF DEFAULT AND ORDER TO CEASE AND DESIST

Dear [LENDER],
Thank you for your recent response to my qualified written request for proof
of claim. Your copy of the note and other listed documents was not what I
had asked for as required by law, and I am hereby notifying you that you
have exhausted your administrative remedy.
By your inability and unwillingness to stipulate that you are:
a.
b.
c.
d.
A Note Holder of Due Course.

A Creditor of the Instrument as you cant and have not provided
GAAP book entry debit evidence of the transaction (documented by
the items listed in the First letter delivered to you on
_____________201__.
A wet ink signature original note as required by law.
A damaged party and that the alleged Deed of Trust or Mortgage is
in fact valid with all proper assignments and verification of
accounting that an actual loan of money occurred, and it was
entered into with full disclosure.
You have violated the requirements of TILA and by your actions provide
prima facia evidence that you are attempting to collect money on the basis
of fraud.
I filed a Notice of Default, Cease and Desist Notice and file legal actions as
necessary on this property with the [OWNER COUNTY] County Recorders
Office. Copies of these recorded documents enclosed.
Additionally we have or will order a forensic audit and further notify
you of potential violations, and add those damages to any claims
filed. Should these records indicate fraud or suggest legal actions,
you will be given the opportunity to negotiate with us on an
appropriate Recast and Restructure, rate and term change of the

given alleged mortgage at that time. Let this serve as notice of this
action pending and demand to negotiate.
You no longer have any claims over my property. You are hereby ordered to
Cease and Desist any and all collection efforts and negative credit reporting.
You have 3 days to contest this notice, with specific evidence
required, or forever release your claim.
Have a nice day.
Sincerely,
[Natural Name]
Enclosures: Copies of the Cease and Desist Notice, and previous

notices.DELETE: Consider filed in the court near the beginning of the
process. Most agree it can be done at the same time the first letter
is mailed to lender. This process can run simultaneously. Any
subsequent recordings can use this case information as reason for
action and recording. Note this is most effective in Federal court.
The quickest way to Federal court is via Bankruptcy (when you win it
is released and attorney fees are paid by the loser). In that event
use an attorney for the proof of claim phase. ALSO if you had an SEC
level forensic audit done, that evidence also greatly enhances the
effectiveness of previous docs as your evidence and position.
IN THE CIRCUIT COURT OF THE [STATE] JUDICIAL CIRCUIT
IN AND FOR [COUNTY] COUNTY, STATE OF [STATE]
CIVIL DIVISION
Date:
__________________
[ALL CAPS NAME]
[ADDRESS]
[CITY, STATE, ZIP]
OF
Plaintiff,
Vs.
CASE NO:
PETITION FOR A VERIFICATION

DEBT ELSE RELEASE OF CLAIM
NO VALUE
[LENDER]
[LENDER ADDRESS]
Defendant
Cc:
PETITION FOR A VERIFICATION OF DEBT
Reference:
Loan number:
[LOAN NUMBER]
Deed of Trust number: [DEED OF TRUST NUMBER]
Plaintiff
[Natural Name]
requests verification of debt from
Defendant,
[LENDER]
. In order to establish whether Defendant
has standing to bring forth remedies entitled to Defendant, Plaintiff requests
the Defendant to produce the following as proof of claim within 30 days of
this notice.
1) The ORIGINAL UNALTERED WET INK SIGNATURE PROMISSORY NOTE
and other documents listed below, signed by Defendant in association to the
loan pursuant of USC Title 18, Part1, Chapter 101 2071.
These documents should also include all of these evidentiary documents
proving the validity of the Deed of Trust (or Mortgage depending on what
type of state you are in):
1) Form S3 registration statement
2)
3)
4)
5)
Form
Form
Form
Form
424(b)(5) prospectus (for the SEC)

FR 2046 balance sheets
FR 2049 balance sheets
FR 2099s balance sheets
2) These documents represent proof that the Defendant is in fact the Note
Holder in Due Course and have standing as a damaged party of interest
in the Promissory Note as Plaintiff has reason to believe the Defendant has
sold the Note under mortgage back securities instrument to investors
under a pooling interest.
3) Defendant to stipulate via affidavit that they are in fact the Creditor in this
loan/security instrument. A Creditor needs to show true double entry
accounting debits of the loss as a result of the issuance of the loan to
Plaintiff according to the Generally Accepted Accounting Principles (GAAP).
If Defendant cannot produce proof of claim, they have no standing in any
future controversy.
If Defendant is unable to produce proof of claim, Plaintiff prays the court to
order the Defendant to release all claims against Plaintiff and grant rightful
remedies due Plaintiff.
ADD ANY LANGUAGE OR ADDENDUMS WHICH A FORENSIC AUDIT
MAY ALSO SUGGEST BE ADDED TO THIS CLAIM
[Natural Name]
[ADDRESS]
[CITY, STATE, ZIP]
CREDIT AGENCY LETTER

[ALL CAPS NAME]
c/o [Natural Name]
To: Experian
P.O. Box 2002
Allen, TX 75013
[ADDRESS]
[CITY, STATE, ZIP]
______________, 201__
To: Equifax
P.O. Box 740241
Atlanta, GA 30374
To: TransUnion
P.O. Box 1000
Crum Lynne, PA 19022
Cc: Federal Trade Commission,
Consumer Response Center
600 Pennsylvania, DC 20580
Reference:
[LENDER] Loan Number: [LOAN NUMBER]

Deed of Trust: [DEED OF TRUST NUMBER]
THIS IS A LEGAL NOTICE

NOTICE: THIS DOCUMENT IS NOT INTENDED TO THREATEN, HARASS,
HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS. IT IS FOR THE
PURPOSE OF OBTAINING LAWFUL REMEDY AS IS PROVIDED BY LAW.
Greetings,
This item in my credit report is currently in a civil action at CIRCUIT COURT
OF THE [OWNER STATE] JUDICIAL CURCUIT IN AND FOR [OWNER COUNTY]
COUNTY, STATE OF [OWNER STATE], CIVIL DIVISION on ______________, 201__.
Case # [CASE NUMBER]
The lender in this matter was unable to provide proof of claim for their
security instrument and have exhausted their administrative remedies.
Therefore, they no longer have any claim on my property.
This procedure is done in full accordance with the Administrative Procedure
Act of 1946 (USC Title 5 Section 500) and the Federal Rules of Civil
Procedures.
Please find the enclosed Notice of Default filed at the County Recorders
office documenting the lenders default and release of claim.
You will also find enclosed the full reconveyance filed at the County
Recorders office for the property in question. I am therefore instructing
you to mark this item as Settled in Full.
Should you choose not to comply with my instruction within 30 days, you
agree to contract with me through tacit agreement for harm done to my
good name through your inaccurate reporting for a sum of $1,000,000. In
addition, I will have no choice but to name you as a co-defendant for this
matter in my civil action. Consider this your legal notice.
Please respond in writing within 30 days to avoid unnecessary action.
Failure to respond equates to tacit to my offer under the
Administrative Procedures Act. (I recommend you pass this notice
to your senior supervisor/manager. This is a serious matter.)
Sincerely,
[Natural Name]
OPTIONAL: Attach to any document. This is used to have a witness

of documents actually placed in any envelope as your witness of
service
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
has been furnished by Certified U.S. Mail to [LENDER], [LENDER ADDRESS];
This
day of
, 201__
x
[Natural person]
x
Witness (print) _____________________________
AFFIX MAILING CERTIFICATE HERE
OPTIONAL: FOR FILING ADDITIONAL COURT COMPLAINTS AT THE END OF

THE ADMIN STEPS, AS DOCUMENTATION OF ACTIONS TAKEN. EDIT TO FIT
YOUR ACTIONS. COPY CAN BE PROVIDED TO LENDERS AND AGENTS AS
WELL. EDIT CAREFULLY TO MATCH YOUR PREVIOUS ACTIONS. EDIT TO FIT
THE FINAL ACTIONS YOU HAVE TAKEN.
After Recording Return To:
[Natural Name]
[ADDRESS]
[CITY, STATE, ZIP]
AFFIDAVIT AND COMPLAINT
Summary Actions of [Natural Name]
State of ___________________ )
: Affirmed
County of _________________ )
Indeed no more than (an affidavit) is necessary to make the prima facie
case. (United States v. Kiss 658 F. 2d 526, 536 (7th Cir. 1981), cert. denied.
50 U.S.L.W. 2169 (S Ct 3/22/82)
Full Faith and Credit shall be given in each State to the public Acts, Records,
and judicial Proceedings of every other State. - Article IV, Section 1, united
States Constitution.
I, [Natural Name], the undersigned, do hereby say and solemnly Affirm under
pains and penalties of Perjury: I am a natural born sovereign Elector (de jure
Posterity) of Lawful adult age and otherwise competent to make this
Affidavit; and
[Natural Name], as a secured party on a properly executed warranty deed is
the one true owner fully vested with all rights to the property at [PROPERTY
ADDRESS]
[Natural Name] states that [LENDER]s actions of fraud and deceit have
foundation in Taylor v. State Compensation Insurance Fund, 175 Mont. 432,
913 P.2d 1242 (1996) where in order to sustain a claim of fraud, claimant
was required to plead and prove each of the nine elements of fraud: (1) a
representation; (2) falsity of the representation; (3) materiality of the
representation; (4) speakers knowledge of the falsity of the representation;
(5) the speakers intent it should be relied upon; (6) the hearers ignorance of
the falsity of the representation; (7) the hearers reliance on the
representation; (8) the hearers right to rely on the representation; and (9)
the hearers consequent and proximate injury caused by reliance on the
representation.
[Natural Name] believes that all of the above elements exist and having
knowledge has reason to believe that on the date of the execution of the
Promissory Note, and accompanying MORTGAGE document, the relevant
information contained therein was false and materially deceptive, and unfair
business trade practices were used to conceal the true nature of the
transaction INCLUDING but not limited to:
1.
A representation: Mortgage Defendants represented that
they were going to fund
the loan.
2.
Falsity of the representation: Mortgage Defendants did not
in fact loan money to
[Natural Name].
3.
Materiality of the representation: [LENDER] and [CURRENT
LENDER SERVICER]s misrepresentations were material
because the facts are that under the current monetary
system of the USA, the lender loans no money to the
borrower as alleged in the loan application or loan
documents.
4.
Speakers knowledge of the falsity of the representation:
The lender falsely stated the lender was loaning money prior to closing,
and the title / escrow person who received the check(s) are able to see that
the lender does not transfer funds into the escrow account and that the
source of the funds is from elsewhere but falsely represented that funds did
come from the lender.
5.
The speakers intent it should be relied upon: [LENDER]s
words were relied upon by [Natural Name] in good faith.
Consequently [Natural Name] was then defrauded during
the process of funding and closing the alleged loans.
6.
The hearers ignorance of the falsity of the representation:
[Natural Name] was not privy to the source of funds and
was not in an equal or similarly situated business posture
as Mortgage Defendants at the time of the Contract
formation period, and was taken advantage of by the unfair
business practices brought on by [LENDER], and they were
relied upon to the detriment of the [Natural Name] as
[Natural Name] was fraudulently induced to pay money of
exchange (currency exchanged for a substantial portion of
[Natural Name]s commercial energy) for money of account
(Credit on Account as was created by Defendant(s), out of
nothing).
7.
The hearers right to rely on the representation: [Natural
Name] relied upon [LENDER]s offer and was given a good
faith estimate, assurances, written agreement, and words
that [Natural Name] had a right to rely on, and because
[Natural Name] did rely upon the acts, deeds and
inducement by Mortgage Defendants who had superior
knowledge, and because it is an industry standard
operation, [Natural Name] relied upon these
representations as were made about the so called loan.
8.
The hearers consequent and proximate injury caused by
reliance on the representation: [Natural Name]s reliance
upon fraud in statements and writings provided to him by
parties in superior position precluded [Natural Name] from
appreciating the essential elements of the undertaking.
[Natural Name]s reliance gave forth to consequent and

proximate injuries for:
-Loss by conversion under contract
-Financial instability of the home unit due to usury.
-Interfering with financial stability.
Loss of use and enjoyment of funds which were paid in unfair advantage to
[LENDER].
Add in any items an audit may suggest as well
[LENDER] and [CURRENT LENDER SERVICER] and their officers, and
other Banking, Financial, Political, and/or Real Estate Institutions, (unknown
at this time) have all knowingly, or unknowingly, conspired against the
working class population of the good PEOPLE OF THE County of [PROPERTY
COUNTY] and State of [PROPERTY STATE] to submerge the common people in
a mountain of perpetual and un-payable debt. The Federal Reserve Banking
Corporation of which Mortgage Defendants are each a franchise agent, has
demonstrated an historical and documentable track record of purposefully
expanding and contracting the money supply at timed intervals so as to
purposefully dispossess economically vulnerable Americans from their
property. This [Natural Name] and all of the good people of [PROPERTY
COUNTY] County, the State of [PROPERTY STATE], and the United States are
the pointed targets of a conspiracy by Mortgage Defendants and other
banking corporations, to reduce the people of America to a class of obedient
and broken slaves in a society with substantially less constitutional rights
and in a mirror image likeness to that of Nazi Germany or the previous Soviet
Union.
[LENDER] and [CURRENT LENDER SERVICER] and its officers are active
causes of and participants in the present increase in the foreclosure rate in
this state. This [Natural Name] does not know whether the individual officers
are knowledgeable or not of their criminality, but they have caused
detriment and damage to this [Natural Name], and every homeowner in this
state by the manner in which they entered into this, and the majority of their
other lending contracts.
[Natural Name] claims that [LENDER] and [CURRENT LENDER
SERVICER] operate in a pattern, practice and course of conduct which
constitutes a criminal enterprise in violation of Federal and State
Racketeering Statutes. Said Defendants regularly engage in cooperative
efforts to deprive the public of property and cash under an elaborate scheme
or artifice where the unaware public unknowingly enters into contracts under
fraudulent terms wherein they are systematically loaned credit when they
were led to believe that they were being loaned real money, and are thereby
placed into peonage and usury due to a lack of consideration by the
mortgage company.
or artifice where: in order for the public to close on a loan, they are deceived,
by a person who is in a superior position, into gifting their property away
under the conveyance and security instruments including a MORTGAGE, the
nature of which was not fully disclosed, which in turn precluded this [Natural
Name] from appreciating the essential elements of the undertaking.
or artifice wherein said Defendants systematically engage in a foreclosure
process and deprive the public of property, upon a fraudulent process
founded upon fraudulent documents.
or artifice where this systematic usury and deprivation are the cause of
consequent and proximate injuries under the Civil RICO Statutes.
Defendants knew or should have known that they fraudulently made a false
oath or account, a violation of State and Federal Law.
Defendants knew or should have known that they fraudulently presented or
used a false claim, a violation of Federal and State law.
Defendants knew or should have known that they fraudulently caused a
False Security Instrument or Counterfeit Security to be created.
Defendants are engaging in a pattern and practice of conduct that
constitutes a criminal enterprise in violation of State and Federal RICO
statutes.
x_______________________________
[Natural Name]
____________, 20___
NOTARY SEAL IF MAILING DIRECT

State of ____________________________
County of
___________________________
Subscribed and sworn to (or affirmed) before me on this ___ day of
______________, 20_____, by _________________________________, proved to me on
the basis of satisfactory evidence to be the person(s) who appeared before
me.
Signature_______________________________ (seal)
Commission expires ___________________
STALL FORECLOSURE LETTER may help stall things if using this

process (used by a recent student who was successful in getting the
foreclosure temporarily stopped). ADDITIONAL TOOLS ARE FOUND
IN THE STALL OR STOP FORECLOSURE DOCS IN THE MEMBERS BACK
OFFICE.
Edit this
_______________,201___
From: [ALL CAPS NAME]
[ADDRESS]
[CITY, STATE, ZIP]
To: [LENDER]
[LENDER ADDRESS]
AND [FORECLOSING TRUSTEE OR ATTORNEY]
RE: Property located at [PROPERTY ADDRESS]
APN: [PARCEL NUMBER]
Loan # [LOAN NUMBER]
NOTICE TO AGENT IS NOTICE TO PRINCIPAL,

NOTICE TO PRINCIPAL IS NOTICE TO AGENT
You do not have authority to proceed with the sale of this property.
I have previously provided copies of revocation of power of attorney, a
maritime lien, and substitute of trustee. As per contract, [LENDER]
/BENEFICIARY has agreed that the balance on account is zero, which we
believe indicates they have admitted to fraud, and has granted me power of
attorney.
[TITLE COMPANY] are not valid trustees for this property at this point.
Further, this account has been settled.
There is litigation pending regarding this property, with court dates of ___day
of __________, 20___. [LENDER] is only a servicer, and does not own the Note
or the Deed of Trust. The foreclosure cannot be brought in the name of
[LENDER] as they are not the real party in interest and therefore do not have
standing to foreclose on this property.
You do not have authority to proceed with the sale of this property.
Proceeding with the foreclosure sale of this property constitutes fraud, and,
per [PROPERTY STATE] penal code, knowingly selling property that you have
no authority to sell is felony grand theft.
In order to protect the interests and welfare of all parties, you are hereby
noticed of my demand for cancellation of the scheduled ____ day of
___________, 20___ sale that you are wrongfully and fraudulently conducting of
the subject property. Additionally, any foreclosure sale and claim to conduct
such a sale, proving your right, proper legal standing, and claim, was never
produced as requested. Conducting a sale without this proof of claim and
standing, and without proper documentation, constitutes fraud on your part.
Be prepared to defend these fraud charges in court if this sale is not stopped
completely and permanently.
Sincerely,
[Natural Name]
OPTIONAL: COUNTER CLAIM AND DECLARATION OF THE TRUST. CAN

BE FILED TO ESTABLISH A COUNTER CLAIM IF THE LENDER, OR ANY OTHER
PARTY IGNORES YOUR PROCESS OR TRIES TO SUE YOU. IF USED IN COURT,
AFTER IT IS SEASONED, ONE NEEDS TO COMPELL THE JUDGE TO ENFORCE IT,
NOT ARGUE IT. MORE ADVANCED TRAINING ON THIS CAN BE OBTAINED
THROUGH THE LEGAL SOURCES FOUND ON THE WEB SITE. A LICENSED
LEGAL ADVISOR WHO AGREE WITH YOUR PLAN IS ADVISABEL AT THIS POINT
OR AT ANY POINT YOU FEEL THAT NEED.
[Natural Name]
c/o [ADDRESS]
[CITY, STATE, ZIP]
DISTRICT COURT
CLARK COUNTY, NEVADA
[LENDER] Plaintiff,
vs.
[Natural Name], an individual,
ANSWER
)
)
)
Case No. ____________________
)
NOTICE OF
)
AND COUNTERCLAIM
)
)
)
)
)
[ATTORNEY FOR LENDER]. No. _______________ )
_
3rd Party Defendant
)
rd
[Natural Name], 3 Party Interest Intervenor, Grantor/Settlor/Beneficiary
Defendants
[Natural Name]
3rd Party Plaintiff
vs.
NOTICE OF EXPRESS TRUST

Without waiving any rights, remedies, and defenses: whereas I, [Natural
Name], Grantor/Settlor
of the express revocable trust, [Natural Name], now comes as beneficiary in
the above
named action and states the following principles of law: 1. In construing
trusts, unlawful
purpose should not be imputed to the Settlor, 2. The purpose for which the
trust may be created,
the intent and purpose of the Settlor in truth is the law of the trust, 3.
[Natural Name]s
expressing of the trust creates no default to him being construed as

trustee.
NOTICE OF ANSWER AND COUNTERCLAIM AND
LIABILITY OF 3RD PARTY DEFENDANT
COMES NOW [Natural Name], a Third Party Interest Intervenor and
Beneficiary of
[Natural Name], who is neutral in the public, who is unschooled in law, and
making a special appearance before this court under the supplemental rules
of Admiralty,
Rule E(8), a restricted appearance, without granting jurisdiction, and notices
the court of
enunciation of principles as stated in Haines v.Kerner, 404 U.S. 519, wherein
the court
has directed that those who are unschooled in law making pleadings and/or
complaints
shall have the court look to the substance of the pleadings rather in than the
form, and
hereby makes the following pleadings/notices in the above referenced matter
without
waiver of any other defenses.
1.
NOTICE: The alleged [ATTORNEY FOR LENDER] [sic], [ATTY STATE] Bar No.
[ATTORNEY
BAR NUMBER], having failed to put in a notice of appearance nor to put any
power of attorney into
the appropriate court, and the Attorney for Plaintiff having failed of protocol
has failed to state a claim
upon which relief can be granted. In international law and according to the
law of the land, agents of a
foreign principal are required to file any pretended claim in the appropriate
district court prior to
exercising rights to that claim.
The district courts have "exclusive original cognizance" of all inland seizures
and this includes vessels in
rem (Rule C(3)) such as trust organizations and legal names "...the United
States, ... within their
respective districts, as well as upon the high seas; (a) saving to suitors, in all
cases, the right of a
common law remedy, where the common law is competent to give it; and
shall also have
exclusive original cognizance of all seizures on land,..." The First Judiciary
Act;
September 24, 1789; Chapter 20, page 77. The Constitution of the United
States of
America, Revised and Annotated - Analysis and Interpretation - 1982; Article
III, 2, Cl.
1 Diversity of Citizenship, U.S. Government Printing Office document 99-16,
p. 741.
This fact of protocol - filing a claim in district court according to international
law - is
beyond dispute and extends into antiquity: "Meanwhile those who seized
wreck ashore
without a grant from the Crown did so at their peril." Select Pleas in the Court
of
Admiralty, Volume II, A.D. 1547-1602; Introduction - Prohibitions, Note as to
the early
Law of Wreck, Selden Society, p. xl, 1897.
1.
2.
ANSWER AND NEGATIVE AVERMENT
____________________state
) affirmed
____________________ county
)
)
I, [Natural Name], over the age of twenty-one years, competent to witness

and with firsthand
knowledge do affirm and say that:
[Natural Name], Affiant, herein answers the allegations of Plaintiff, to wit:
1.
Affiant denies that DISTRICT COURT, [COUNTY] COUNTY NEVADA

exists. There is
not any evidence that DISTRICT COURT, [COUNTY] COUNTY NEVADA exists,
and
Affiant believes that not any such evidence exists.
2.
Affiant denies that Case No. [CASE NUMBER] exists. There is not any
evidence that Case
No. [CASE NUMBER] exists, and Affiant believes that not any such evidence
exists.
3.
Affiant denies that AMENDED COMPLAINT FOR QUIET TITLE,

DECLARATORY
RELIEF, AND MONEY DAMAGES (EXEMPT FROM ARBITRATION: ACTION

CONCERNS TITLE TO REAL PROPERTY), exists. There is not any evidence that
AMENDED COMPLAINT FOR QUIET TITLE, DECLARATORY RELIEF, AND
MONEY DAMAGES (EXEMPT FROM ARBITRATION: ACTION CONCERNS
TITLE TO REAL PROPERTY) exists, and Affiant believes that not any such
evidence
exists.
4.
Affiant denies that [LENDER] corporation, exists. There is not any

evidence that [LENDER]
corporation, exists, and Affiant believes that not any such evidence exists.
5.
Affiant denies that [Natural Name] , an individual exists, and Affiant

believe that not any such
evidence exists.
6.
Affiant denies that [ATTORNEY FOR LENDER], NV Bar No. [ATTORNEY

BAR NUMBER] exists. There is
not any evidence that [ATTORNEY FOR LENDER], NV Bar No.: [ATTORNEY BAR
NUMBER] exists, and Affiant believe that not any such evidence exists.
7.
As to Plaintiffs allegation 1., unknown answer Affiant.
8.
As to Plaintiffs allegation 2., denied answers Affiant. There is not

any evidence that
[Natural Name] is a party to this matter or that [Natural Name] is the same
as
[ALL CAPS NAME], and Affiant believes that any such evidence exists.
9.
As to Plaintiffs [ATTORNEY FOR LENDER]S Law Firm, denied answers

Affiant. There is
not any evidence that [ATTORNEY FOR LENDER]S Law Firm LLP has any
interest in this
instant matter, and Affiant believes that not any such evidence exists.
10. As
to Plaintiffs 28., denied answers Affiant. There is not any

evidence that to the
allegations contained in 28. exists, and Affiant believes that not any such
evidence
exists.
11. As

evidence that to the
allegations contained in 29. exists, and Affiant believes that not any such
evidence
exists.
12. As

evidence that the
allegations in 30. exists, and Affiant believes that not any such evidence
exists.
13. As

evidence that the
exists.
14. As

evidence that the
exists.
As to Plaintiffs PRAYER FOR RELIEF

15. As to Plaintiffs 1., denied answers Affiant. There is not any evidence
that Plaintiff, a
fictitious plaintiff, has any standing to pray for relief in a tax payer supported
court, and
Affiant believes that any such evidence exists.
that Plaintiff, a
court, and
that Plaintiff, a
court, and
that Plaintiff, a
court, and
that Plaintiff, a
court, and
that Plaintiff, a
court, and
that Plaintiff, a
court, and
that Plaintiff, a
court, and
that Plaintiff, a
court, and
23. As to Plaintiffs 10., denied answers Affiant. There is not any
evidence that Plaintiff, a
court, and
NOTICE
24. Statements by attorneys, who are expatriate and especially those who
have failed to
register as agents of a foreign entity under the Foreign Agents Registration
Act of 1938, as
amended January 9, 1996 as H.R., IN THE HOUSE OF REPRESENTATIVES, have
no
standing nor remedies in the tax payer supported courts. To allow attorneys
access to any
remedy in the tax payer supported courts is tax fraud and misappropriation
of tax payer
funds.
25. Plaintiff in this instant matter has subrogated all rights and defenses to
any relief to the STATE
OF [PROPERTY STATE] and have not any legal expectation of any relief, as
Plaintiff has not
prosecuted this matter as a Real Party in Interest.
26. Attorneys for Plaintiff have frauded the court by introducing a fictitious
plaintiff.
NOTICE UNDER 18 USC 4 misprision of felony
Affiant believes it to be his duty to report any suspected crime to the
appropriate authorities. For
that cause, Affiant notices the court of his belief that a crime or crimes
maybe have been committed by
the attorneys in this matter for failure of applicable protocols of seizure. The
alleged Attorney for Plaintiff
having failed of protocol has failed to state a claim upon which relief can be
granted. In international law
and according to the law of the land, agents of a foreign principal are
required to file any pretended claim
in the appropriate district court prior to exercising rights to that claim. The
district courts have "exclusive
original cognizance" of all inland seizures and this includes vessels in rem
(Rule C(3)) such as
trust organizations and legal names "...the United States, ... within their
respective districts, as well as
upon the high seas; (a) saving to suitors, in all cases, the right of a common
law remedy, where the
common law is competent to give it; and shall also have exclusive original
cognizance of all seizures on
land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77.
The Constitution of the
United States of America, Revised and Annotated - Analysis and
Interpretation - 1982; Article III, 2, Cl.
1 Diversity of Citizenship, U.S. Government Printing Office document 99-16,

p. 741. This fact of
protocol - filing a claim in district court according to international law - is
beyond dispute and extends
into antiquity: "Meanwhile those who seized wreck ashore without a grant
from the Crown did so at their
peril." Select Pleas in the Court of Admiralty, Volume II, A.D. 1547-1602;
Introduction - Prohibitions,
Note as to the early Law of Wreck, Selden Society, p. xl, 1897.
CERTIFICATION
I, [Natural Name], on my own unlimited commercial liability do state that I
have read the above affidavit and to know the contents to be true, correct,
and complete, and not misleading, the truth, the whole truth, and nothing
but the truth, and do believe that the above described acts have been
committed contrary to the laws of [ATTY STATE] state and the united
States of America.
_______________________________
[Natural Name]
________
Date
NOTARY
I, _____________________________ , a notary public residing in ___________
county, ___________, state that on the _____ day of ________________ month,
201___, that a man appearing in his true character as [Natural Name] and
upon display of picture identification, did affix his autograph to the above
affidavit.
_________________________________
NOTARY
________
date
Seal
NOTICE
Plaintiff is granted twenty (20) business days to rebut the above affidavit
point for point, omitting none in
affidavit form, swearing and autograph to rise to the level of swearing by
[Natural Name] on said
affidavit. Failure to rebut in total constitutes agreement in full, and the
affidavit of [Natural Name] stands
as the truth in commerce. Failure to respond creates estoppel which [Natural
Name] will claim as his
remedy in this matter.
COUNTERCLAIM
NOTICE OF EXPRESS TRUST
Without waiving any rights, remedies, and defenses: whereas I, [Natural
Name], Grantor/Settlor of the
express revocable trust, [Natural Name], now comes as beneficiary in the

above named action and
states the following principles of law: 1. In construing trusts, unlawful
purpose should not be imputed to
the Settlor, 2. The purpose for which the trust may be created, the intent
and purpose of the Settlor in
truth is the law of the trust, 3. [Natural Name]s expressing of the trust
creates no default to him being
construed as trustee.
________________state
________________ county
)
)
)
affirmed
I, [Natural Name], Grantor/Settlor, Affiant, over the age of twenty-one years,

competent with
firsthand knowledge do state the following:
1.
That I am the Trustor on DEED OF TRUST recorded at [PROPERTY
COUNTY] County Recorder as [Natural Name], and that
2.
That I am the maker of the note tendered at time of closing of
escrow on said
transaction the note being an asset to maker being essentially a loan to the
bank, and
3.
That upon discovery of fraud in the DEED OF TRUST and resulting
mortgage contract I
did correct the fraud and completed administrative due process in that
matter, and
4.
That parties void of any legal claim in said matter have acted ultra
vires, and
5.
That said parties have created a vexatious law suit against my secured
interests in an
apparent attempt to convert the original fraud for financial gain, and
6.
That I am injured by said parties, and
7.
That the following verified True Bill is created as my remedy for the
unlawful acts of
Plaintiff and Plaintiffs Attorney(s) to wit:
True Bill
For the injury of property
Times 3 punative damages
Sub-total
$ 260,000.00
$ 780,000.00
$1,040,000.00
For the injury of vexatious suit

For the slander on title
Total
$ 100,000.00
$ 100,000.00
$1,240,000.00
Invoice
Demand is now made upon Plaintiff and Plaintiffs Attorney(s) for One-million
two-hundred
forty thousand and zero cents ($1,240,000.00) jointly and severally to be
paid over to [Natural Name]
in functional currency of the United States.
Surety
Surety for the True Bill is the following:
1. [ATTY STATE] Bar No. [ATTORNEY BAR NUMBER]
2. [ATTY STATE] Bar No. [ATTORNEY BAR NUMBER]
3. Operational and public hazard bonds of [ATTORNEY FOR LENDER],
4. Operational and public hazard bonds of [LENDER]
5. Any and all bonds, assets, of the real parties involved which may be
discovered.
I, [Natural Name], on my own unlimited commercial liability do state that I
have read the above affidavit
and to know the contents to be true, correct, and complete, and not
misleading, the truth, the whole truth,
and nothing but the truth.
_______________________________
[Natural Name]
________
date
NOTARY
I, _____________________________ , a notary public residing in ____________
county, _______________, state that on the _____ day of _________________
month, 2010, that a man appearing in his true character as [Natural Name]
and upon display of picture identification, did affix his autograph to the
above affidavit.
_________________________________
NOTARY
________
date
Seal
Notice to Rebut
Plaintiff and Plaintiffs Attorney(s) are requested to rebut this affidavit if any
rebuttal there be within
twenty (20) days of receipt of this writing. Failure to rebut and swearing to
the level sworn by
____________________________ will be fatal, the matter being stare decisis and
res judicata thus
creating estoppels against said parties. Any subsequent attempts to rescue
said estoppels will result in
trespass on claim of _________________________________ by any and all parties
so attempting.
Notice of Holder in Due Course
For the record, [Natural Name] Accepts for Value Case No.: [CASE NUMBER]
and Returns the Same
for Value (see Exhibit RTA) giving [Natural Name] Holder in Due Course
status, and does not waive
any defenses on Case No.: [CASE NUMBER], a negotiable instrument.
Notice of Appointment/Nomination of Fiduciary/Trustee

[Natural Name], Grantor/Settlor for [ALL CAPS NAME], a trust/vessel under US
registry, as in
Case No.: [CASE NUMBER], nominates Judge ___________________________ (yet
unknown) to the
position of Fiduciary Trustee for [Natural Name] to settle and close all
matters pertaining to
Case No.: [CASE NUMBER] in a timely manner, to execute and collect True Bill
for the estate of
[ALL CAPS NAME] to be turned over to the Beneficiary [Natural Name]. As
executor of [ALL CAPS
NAME] in Case No.: [CASE NUMBER], Judge ___________________________ is
granted five
percent (5%) of probate of [Natural Name] thus collected for the estate. The
fiduciary trustee is
granted the use of the exemption of [Natural Name], namely [ALL CAPS
NAME] [Natural Person's
SSN (no dashes)], to settle any and all public matters.
Petition for Quiet Title
[Natural Name] can find no reason why the court ought not grant a quiet title
to the property in
question as there are not any valid claims in this matter above that of
[Natural Name].
Bond of [Natural Name]
This is the solemn promise of [Natural Name] to indemnify any and all actors
in this matter and
effect payment for any and all valid claims of injury caused by the actions of
[Natural Name] in
this tax payer supported court. [Natural Name] believes that remedies
afforded to him will cause
no harm to the public.
_________________________________
[Natural Name], 3rd Party Interest Intervenor
date
and Beneficiary to [Natural Name]
________
Proof of Mailing and Contents Mailed

I, [Natural Name], over the age of twenty-one years, competent with
firsthand knowledge do state that on the _______ day of ____________ month,
2010, that I did cause a copy to be mailed of the above NOTICE OF ANSWER
AND COUNTERCLAIM by posting said document certified mail return receipt
requested pre-paid to the following party: [ATTORNEY FOR LENDER]
ADDRESS ________________________ CITY ___________________ STATE ____ ZIP
________
_____________________________________
________
[Natural Name], UCC 1-308 all rights reserved

dateOPTIONAL USE IF YOU WANT TO CREATE A TRUST TO HOLD
TITLE WHEN PROCESS IS COMPLETE
AGREEMENT AND DECLARATION OF TRUST
THIS AGREEMENT AND DECLARATION OF TRUST Is made and entered
into this ____ day of _______, 20__ , by and between [ALL CAPS NAME], as
Grantor and Beneficiary, (hereinafter referred to as the "Beneficiaries",
whether one or more, which designation shall include all successors in
interest of any Beneficiary), and [NEW TRUSTEE] as Trustee, whose
mailing address is: [NEW TRUSTEE ADDRESS]; [NEW TRUSTEE CITY,
STATE ZIP], (hereinafter referred to as the "Trustee", which designation shall
include all successor trustees).
IT IS MUTUALLY AGREED AS FOLLOWS:
1.
Trust Property. The Beneficiaries are about to convey or cause to be
conveyed to the Trustee by deed, absolute in form, the property described in
the attached Exhibit "A", which said property shall be held by the Trustee, in
trust, for the following uses and purposes, under the terms of this Agreement
and shall be hereinafter referred to as the "Trust Property". The trust shall be
named (use this format name) [NEW TRUST NAME] [NEW TRUSTEE]
as Trustee.
2.
Consideration. No consideration was paid by Trustee for such
conveyance. The conveyance will be accepted and will be held by Trustee
subject to all existing encumbrances, easements, restrictions or other clouds
or claims against the title thereto, whether the same are of record or
otherwise. The property will be held on the trusts, terms and conditions and
for the purposes hereinafter set forth, until the whole of the trust estate is
conveyed, free of this trust, as hereinafter provided.
3.
Beneficiaries. The persons named in the attached Exhibit "B" are the
Beneficiaries of this Trust, and as such, shall be entitled to all of the earnings,
avails and proceeds of the Trust Property according to their interests set
opposite their respective names.
4.
Interests. The interests of the Beneficiaries shall consist solely of the
following rights respecting the Trust Property:
a.
The right to direct the Trustee to convey or otherwise deal with
the title to the Trust Property as hereinafter set out.
b.
The right to manage and control the Trust Property.
c.
The right to receive the proceeds and avails from the rental, sale,
mortgage, or other disposition of the Trust Property.
The foregoing rights shall be deemed to be personal property and may
be assigned and otherwise transferred as such. No Beneficiary shall have
any legal or equitable right, title or interest, as realty, in or to any real estate
held in trust under this Agreement, or the right to require partition of that
real estate, but shall have only the rights, as personally, set out above, and
the death of a Beneficiary shall not terminate this Trust or in any manner
affect the powers of the Trustee.
5.
Powers of Trustee.
a.
With the consent of the Beneficiary, the Trustee shall have
authority to issue notes or bonds and to secure the payment of the same by
mortgaging the whole or any part of the Trust Property; to borrow money,
giving notes therefor signed by him in his capacity as Trustee; to invest such
part of the capital and the profits therefrom and the proceeds of the sale of
bonds and notes in such real estate, equities in real estate, and mortgages in
real estate in the United States of America, as he may deem advisable.
b.
With the consent of the Beneficiary, the Trustee shall have the
authority to hold the legal title to all of the Trust Property, and shall have the
exclusive management and control of the property as if he were the absolute
owner thereof, and the Trustee is hereby given full power to do all things and
perform all acts which in his judgment are necessary and proper for the
protection of the Trust Property and for the interest of the Beneficiaries in the
property of the Trust, subject to the restrictions, terms, and conditions herein
set forth.
Without prejudice to the general powers conferred on the Trustee
hereunder, it is hereby declared that the Trustee shall have the
following powers, with the consent of the Beneficiaries:
To purchase any real property for the Trust at such times and on such terms
as may seem
advisable; to assume mortgages upon the property.
(2)
To sell at public auction or private sale, to barter, to
exchange, or to dispose of otherwise, any part, or the whole of the Trust
Property which may, from time to time form part of the Trust estate, subject
to such restrictions and for such consideration for cash and for credit, and
generally upon such terms and conditions as may seem judicious, to secure
payment upon any loan or loans of the Trust, by mortgage with or without
power of sale, and to include such provisions, terms, and conditions as may
seem desirable.
(3)
To rent or lease the whole or any part of the Trust Property
for long or short terms, but not for terms exceeding the term of the Trust
then remaining.
(4)
To repair, alter, tear down, add to, or erect any building or
buildings upon land belonging to the Trust; to fill, grade, drain, improve, and
otherwise develop any land belonging to the Trust; to carry on, operate, or
manage any building, apartment house, or hotel belonging to the Trust.
(5)
To make, execute, acknowledge, and deliver all deeds,
releases, mortgages, leases, contracts, agreements, instruments, and other
obligations of whatsoever nature relating to the Trust Property, and
generally to have full power to do all things and perform all acts necessary to
make the instruments proper and legal.
(6)
To collect notes, obligations, dividends, and all other
payments that may be due and payable to the Trust; to deposit the proceeds
thereof, as well as any other moneys from whatsoever source they may be
derived, in any suitable bank or depository, and to draw the same from time
to time for the purposes herein provided.
(7)
To pay all lawful taxes and assessments and the necessary
expenses of the Trust; to employ such officers, brokers, engineers, architects,
carpenters, contractors, agents, counsel, and such other persons as may
seem expedient, to designate their duties and fix their compensation; to fix a
reasonable compensation for their own services to the Trust, as organizers

thereof.
(8)
To represent the Trust and the Beneficiaries in all suits and
legal proceedings relating to the Trust Property in any court of law of equity,
or before any other bodies or tribunals; to begin suits and to prosecute them
to final judgment or decree; to compromise claims or suits, and to submit the
same to arbitration when, in his judgment, such course is necessary or
proper.
(9)
To arrange and pay for and keep in force in the name and
for the benefit of the Trustee, such insurance as the Trustee may deem
advisable, in such companies, in such amounts, and against such risks as
determined necessary by the Trustee.
6.
Duties of Trustee. It shall be the duty of the Trustee in addition to
the other duties herein imposed upon him:
a.
To keep a careful and complete record of all the beneficial
interests in the Trust Property with the name and residence of the person or
persons owning such beneficial interest, and such other items as he may
deem of importance or as may be required by the Beneficiaries.
b.
To keep careful and accurate books showing the receipts and
disbursements of the Trust and also of the Trust Property, and such other
items as he may deem of importance or as the Beneficiaries hereunder may
require.
c.
To keep books of the Trust open to the inspection of the
Beneficiaries at such reasonable times at the main office of the Trust as they
may appoint.
1.
To furnish the Beneficiaries at special meetings at which
the same shall be requested a careful, accurate, written
report of his transactions as Trustee hereunder, of the
financial standing of the Trust, and of such other
information concerning the affairs of the Trust as they shall
request.
e.
To sell the Trust Property and distribute the proceeds therefrom:
1.
If any property shall remain in trust under this Agreement for a
term which exceeds that allowed under applicable state law, the
Trustee forthwith shall sell same at public sale after a reasonable
public advertisement and reasonable notice to the Beneficiaries
and, after deducting his reasonable fees and expenses, he shall
divide the proceeds of the sale among the Beneficiaries as their
interests may then appear, without any direction or
consent whatsoever, or
(2)
To transfer, set over, convey and deliver to all the then
Beneficiaries of this Trust their respective undivided interests in any nondivisible assets, or
(3)
To transfer, set over and deliver all of the assets of the
Trust to its Beneficiaries, in their respective proportionate shares, at any time
when the assets of the Trust consist solely of cash.
7.
Compensation of Trustee. The Beneficiaries jointly and severally
agree that the Trustee shall receive the sum of $ 1.00 per month for his
services as Trustee hereunder.
8.
Liability of Trustee. The Trustee and his successor as Trustee shall
not be required to give a bond, and each Trustee shall be liable only for his
own acts and then only as a result of his own gross negligence or bad faith.
9.
Removal of Trustee. The Beneficiaries shall have the power to
remove a Trustee from his office or appoint a successor to succeed him.
10. Resignation and Successor.
a.
Any Trustee may resign his office with thirty (30) days written
notice to Beneficiaries and Beneficiaries shall proceed to elect a new Trustee
to take the place of the Trustee who had resigned, but the resignation shall
not take effect until a certificate thereof, signed, sealed, and acknowledged
by the Trustee, and a certificate of the election of the new Trustee, signed
and sworn to by the Beneficiaries and containing an acceptance of the office,
signed and acknowledged by the new Trustee, shall have been procured in a
form which is acceptable for recording in the registries of deeds of all the
counties in which properties held under this instrument are situated. If the
Beneficiaries shall fail to elect a new Trustee within thirty (30) days after the
resignation, then the Trustee may petition any appropriate court in this state
to accept his resignation and appoint a new Trustee.
b.
Any vacancy in the office of Trustee, whether arising from death
or from any other cause not herein provided for, shall be filled within thirty
(30) days from the date of the vacancy and the Beneficiaries shall proceed to
elect a new Trustee to fill the vacancy, and immediately thereafter shall
cause to be prepared a certificate of the election containing an acceptance
of the office, signed, sealed, and acknowledged by the new Trustee, which
shall be in a form acceptable for recording in the registries of deeds of all the
counties in which properties held under this instrument are situated.
c.
Whenever a new Trustee shall have been elected or appointed to
the office of Trustee and shall have assumed the duties of office, he shall
succeed to the title of all the properties of the Trust and shall have all the
powers and be subject to all the restrictions granted to or imposed upon the
Trustee by this agreement, and every Trustee shall have the same powers,
rights, and interests regarding the Trust Property, and shall be subject to the
same restrictions and duties as the original Trustee, except as the same shall
have been modified by amendment, as herein provided for.
d.
Notwithstanding any such resignation, the Trustee shall continue
to have a lien on the Trust Property for all costs, expenses and attorney's
fees incurred and for said Trustee's reasonable compensation.
1. Objects and Purposes of Trust. The objects and purposes of this
Trust shall be to hold title to the Trust Property and to protect and
conserve it until its sale or other disposition or liquidation.
The Trustee shall not undertake any activity not strictly necessary to the
attainment of the foregoing
objects and purposes, nor shall
theTrustee transact business within the meaning of applicable state law,
or any other law, nor shall this Agreement be deemed to be, or create or
evidence the existence of a corporation, de facto or de jure, or a
Massachusetts Trust, or any other type of business trust, or an association
in the nature of a corporation, or a co-partnership or joint venture by or
between the Trustee and the Beneficiaries, or by or between the
Beneficiaries.
12. Exculpation. The Trustee shall have no power to bind the

Beneficiaries personally and, in every written contract he may enter into,
reference shall be made to this declaration; and any person or corporation
contracting with the Trustee, as well as any beneficiary, shall look to the
funds and the Trust Property for payment under such contract, or for the
payment of any debt, mortgage, judgment, or decree, or for any money that
may otherwise become due or payable, whether by reason or failure of the
Trustee to perform the contract, or for any other reason, and neither the
Trustee nor the Beneficiaries shall be liable personally therefor.
13. Dealings with Trustee. No party dealing with the Trustee in relation
to the Trust Property in any manner whatsoever, and, without limiting the
foregoing, no party to whom the property or any part of it or any interest in it
shall be conveyed, contracted to be sold, leased or mortgaged by the
Trustee, shall be obliged to see to the application of any purchase money,
rent or money borrowed or otherwise advanced on the property; to see that
the terms of this Trust Agreement have been complied with; to inquire into
the authority, necessity or expediency of any act of the Trustee; or be
privileged to inquire into any of the terms of this Trust Agreement. Every
deed, mortgage, lease or other instrument executed by the Trustee in
relation to the Trust Property shall be conclusive evidence in favor of every
person claiming any right, title or interest under the Trust that at the time of
its delivery the Trust created under this Agreement was in full force and
effect; and that instrument was executed in accordance with the terms and
conditions of this Agreement and all its amendments, if any, and is binding
upon all Beneficiaries under it; that the Trustee was duly authorized and
empowered to execute and deliver every such instrument; if a conveyance
has been made to a successor or successors in trust, that the successor or
successors have been appointed properly and are vested fully with all the
title, estate, rights, powers, duties and obligations of its, his or their
predecessor in Trust.
14. Recording of Agreement. This Agreement shall not be placed on
record in the county in which the Trust Property is situated, or elsewhere, but
if it is so recorded, that recording shall not be considered as notice of the
rights of any person under this Agreement derogatory to the title or powers
of the Trustee.
15. Name of Trustee. The name of the Trustee shall not be used by the
Beneficiaries in connection with any advertising or other publicity
whatsoever without the written consent of the Trustee.
16. Income Tax Returns. The Trustee shall be obligated to file any
income tax returns with respect to the Trust, as required by law, and the
Beneficiaries individually shall report and pay their share of income taxes on
the earnings and avails of the Trust Property or growing out of their interest
under this Trust.
17. Assignment. The interest of a Beneficiary, or any part of that interest,
may be transferred only by a written assignment, executed in duplicate and
delivered to the Trustee. The Trustee shall note its acceptance on the
original and duplicate original of the assignment, retaining the original and
delivering the duplicate original to the assignee as and for his or her
evidence of ownership of a beneficial interest under this Agreement. No
assignment of any interest under this Agreement, other than by operation of
law, that is not so executed, delivered and accepted shall be valid without
the written approval of all of the other Beneficiaries who possess the power
of direction. No person who is vested with the power of direction, but who is
not a Beneficiary under this Agreement, shall assign that power without the
written consent of all the Beneficiaries.
1. Individual Liability of Trustee. The Trustee shall not be required, in
dealing with the Trust
Property or in otherwise acting under this Agreement, to enter into any
individual contract or other individual obligation whatsoever; nor to
make himself individually liable to pay or incur the payment of any
damages, attorney's fees, fines, and penalties, forfeitures, costs, charges
or other sums of money whatsoever. The Trustee shall have no individual
liability or obligation whatsoever arising from his ownership, as Trustee, of
the legal title to the Trust Property, or with respect to any act done or
contract entered into or indebtedness incurred by him in dealing with the
Trust Property or in otherwise acting under this Agreement, except only as
far as the Trust Property and any trust funds in the actual possession of
the Trustee shall be applicable to the payment and discharge of that
liability or obligation.
19. Reimbursement and Indemnification of Trustee. If the Trustee
shall pay or incur any liability to pay any money on account of this Trust, or
incur any liability to pay any money on account of being made a party to any
litigation as a result of holding title to Trust Property or otherwise in
connection with this Trust, whether because of breach of contract, injury to
person or property, fines or penalties under any law, or otherwise, the
Beneficiaries, jointly and severally agree that on demand they will pay to the
Trustee, with interest at the rate of 0% per annum, all such payments made
or liabilities incurred by the Trustee, together with his expenses, including
reasonable attorney's fees, and that they will indemnify and hold the Trustee
harmless of and from any and all payments made or liabilities incurred by
him for any reason whatsoever as a result of this Agreement; and all
amounts so paid by the Trustee, as well as his compensation under this
Agreement, shall constitute a lien on the Trust Property. The Trustee shall not
be required to convey or otherwise deal with the Trust property as long as
any money is due to the Trustee under this Agreement; nor shall the Trustee
be required to advance or pay out any money on account of this Trust or to
prosecute or defend any legal proceedings involving this Trust or any
property or interest under this Agreement unless he shall be furnished with
sufficient funds or be indemnified to his satisfaction.
20. Entire Agreement. This Agreement contains the entire
understanding between the parties and may be amended, revoked, or
terminated only by written agreement signed by the Trustee and all of the
Beneficiaries.
21. Governing Law. This agreement, and all transactions contemplated
hereby, shall be governed by, construed and enforced in accordance with the
laws of the State of Washington. The parties herein waive trial by jury and
agree to submit to the personal jurisdiction and venue of a court of subject
matter jurisdiction located in Clark County, State of Washington. In the
event that litigation results from or arises out of this Agreement or the
performance thereof, the parties agree to reimburse the prevailing party's
reasonable attorney's fees, court costs, and all other expenses, whether or
not taxable by the court as costs, in addition to any other relief to which the
prevailing party may be entitled. In such event, no action shall be

entertained by said court or any court of competent jurisdiction if filed more
than one year subsequent to the date the cause(s) of action actually accrued
regardless of whether damages were otherwise as of said time calculable.
22. Binding Effect. The terms and conditions of this Agreement shall
inure to the benefit of and be binding upon any successor trustee under it, as
well as upon the executors, administrators, heirs, assigns and all other
successors in interest of the Beneficiaries.
23. Trustee's Liability to Beneficiaries. The Trustee shall be liable to
the Beneficiaries for the value of their respective beneficial interests only to
the extent of the property held in Trust by him hereunder and the
Beneficiaries shall enforce such liability only against the Trust Property and
not against the Trustee personally.
24. Annual Statements. There shall be no annual meeting of the
Beneficiaries, but the Trustee shall prepare an annual report of their receipts
and disbursements for the fiscal year preceding, which fiscal year shall
coincide with the calendar year, and a copy of the report shall be sent by
mail to the Beneficiaries not later than February 28 of each year.
25. Termination. This trust may be terminated at any time by the
Beneficiaries and with thirty (30) days written notice of termination delivered
to the Trustee, the Trustee shall execute any and all documents necessary to
vest fee simple marketable title to any and all Trust Property in Beneficiaries.
AGREEMENT AND DECLARATION OF TRUST
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
____________________________________
Print GRANTOR
x____________________________
___________________________________ x____________________________
Print GRANTOR
___________________________________ x____________________________
Print Accepted as Trustee
Signed, sealed and delivered in the presence of:

STATE OF ______________
COUNTY OF ____________________
Before me personally appeared GRANTORS to me well known and known to
me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he executed said
instrument for the purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid, this ___
day of _______, 20__.
X___________________________
Notary Public State of ____________
My Commission Expires: __________, 20___
STATE OF _______________
COUNTY OF ___________________
Before me personally appeared ____________________________________ as
Trustee to me well known and known to me to be the person described in
and who executed the foregoing instrument, and acknowledged to and
before me that he executed said instrument for the purposes therein
expressed.
WITNESS my hand and official seal in the State and County aforesaid, this __
day of _______, 20__.
X___________________________
Notary Public State of _____________
My Commission Expires: __________, 20___
EXHIBIT "A"
Trust Property Conveyed:
PHYSICAL ADDRESS:
[PROPERTY ADDRESS]
LEGAL DESCRIPTION: Glue over a copy of a legal description, then copy

this page. ALSO TT IN SEQ OF NEQ SEC 14-2-2E DAF: BEG AT NW COR
OF LOT 46 VILLAGE ON THE RIDGE PH-1 VOL H PG 932 TH N 01DG
49MIN 48 SEC E PLT W LI OF SEQ OF NEQ SD SEC 14 A DIST OF 47.59
FT TO SLY LI OF THT CTN SANITARY SWR ESMNT PER 9212170227 TH
S 68 DG
_________________________________________________________________
EXHIBIT "B "
(DELETE: Break down the shared interest as desired)
Name and Address
Original seller(S)
Interest
100%
(OR 50/50 IS HUSBAND AND WIFE)
In the event of simultaneous legal incapacity or death of above

mentioned beneficiaries, the contingent beneficiaries are:
(IF APPLICABLE, USUALLY NOT IF ASSIGNING IMMEDIATELY)
Quite Title Draft

Seek counsel from a local paralegal or attorney about filing procedures. If
the lender does nothing to prove otherwise, based on the initial letters, this
can be used to clear their lien from title. Could be sent once you have done
your admin processes and they failed to provide what was demanded,
instead or a suit or in addition to one.
Example:
One theory is that the real party in interest on the lender side is the owner of
the asset backed security issued by the SPV. The security is usually a
securitized bond deriving its value from the underlying mortgages of which
yours is one. Thus a quiet title action against John Doe and served by
publication might eliminate the mortgage and note.
Here is a form which you can use at your own risk. It is probably wise to state
rescission, fraud and offset as reason for the quiet title. It is from a law firm
in California:
___________________________________________
(Name, Address Of Party or attorney)
____________
____________
____________
State Bar No: ______
(____) _____ ________
Attorney for _______ (Or In Pro Per)
QUITE TITLE ACTION EXAMPLE (SEEK LEGAL COUNSEL PRIOR TO USE)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ________
[PLAINTIFF(S) NAMES]
Plaintiffs,
v.
[DEFENDANT(S) NAMES]
Defendants
)
)
)
CASE NO: _______
COMPLAINT TO QUIET TITLE TO REAL PROPERTY
Plaintiff complains and for causes of action alleges as follows:

FIRST CAUSE OF ACTION
(For ________ Against ____)
<>. Defendant__, ___ is__, and at all times herein mentioned was__, a
resident__ of the City of ___, County of __, State of California.
<>. Defendant__, ___, is__, and at all times herein mentioned, was__ a
Corporation organized and existing under the laws of the State of California
with principle offices located at ___, in the City of ___, County of ___.
<>. Plaintiff__ is__ ignorant of the true names and capacities of defendants
sued herein as DOES I through X, inclusive, and therefore sues__ these
defendants by such fictitious names. Plaintiff__ will amend this complaint to
allege their true names and capacities when ascertained.
<>. Plaintiff__ is__ informed and believes__ and thereon alleges__ that, at all
times herein mentioned, each of the defendants sued herein was the agent
and employee of each of the remaining defendants and was at all times
acting within the purpose and scope of such agency and employment.
<>. Plaintiff___ is___ not and at all times herein mentioned the owner and/or
entitled to possession of the property located at ____.
<>. Plaintiff___ is___ informed and believe___ and thereupon allege___ that
______, and each of them, claim___ an interest in the property adverse to
plaintiff herein. However, the claim of said Defendant___ is___ without any
right whatsoever, and said Defendant___ have___ not legal or equitable right,
claim, or interest in said property.
<>. Plaintiff___ therefore seek___ a declaration that the title to the subject
property is vested in plaintiff___ alone and that the defendant___ herein, and
each of them, be declared to have no estate, right, title or interest in the
subject property and that said defendant___, and each of them, be forever
enjoined from asserting any estate, right, title or interest in the subject
property adverse to plaintiff herein.
WHEREFORE, plaintiff__ pray__ judgment against defendant__ and each of
them, as follows:
<>. For an order compelling said Defendant___, and each of them, to
transfer legal title and possession of the subject property to Plaintiff__ herein;
<>. For a declaration and determination that Plaintiff__ is___ the rightful
holder of title to the property and that Defendant___ herein, and each of
them, be declared to have no estate, right, title or interest in said property;
<>. For a judgment forever enjoining said defendants, and each of them,
from claiming any estate, right, title or interest in the subject property;
<>. For costs of suit herein incurred;
<>. For such other and further relief as the court may deem proper
DATED: _______________ __________________________________________
(Signature)
VERIFICATION
I, ___, am a ___in the above-entitled action. I have read the foregoing ___and
know the contents thereof. The same is true of my own knowledge, except as
to those matters which are therein alleged on information and belief, and as
to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and
that this declaration was executed at Long Beach, California.

Quick Administrative Process Plus Court Enforcement Process

Загружено:

Сведения о документе

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Quick Administrative Process Plus Court Enforcement Process

Загружено:

Авторское право:

Доступные форматы

Quick Administrative Process Plus Court Enforcement Process

DELETE BLUE COMMENTS BEFORE PRINTING

File the admin letters to establish evidence, and prepare a

Part 2 of your evidence development, it to have the proper

(RECENT UPDATE) Have a local attorney or professional

DRAFT WITH SUPPORTING DOCUMENTS, AND HAVE A LOCAL

File a case (SUIT) in Federal court (or county court in many

You may be directed by your attorney to file suit against the

File a quite title action (see example document)

PREPARATION: We suggest you complete the Mortgage Settlement

When filing documents in court or filing a complaint (suit), we

If you do receive a threat response (usually they are incomplete,

I received a response re: Dates _________. However, it was

AFTER THE FACT ACTIONS TO CONSIDER:

Additional steps such as commercial liens or governmental complaints can

5) Form FR 2099s balance sheets

It would also mean you were engaged in a commercial trespass and

AUTHORIZATION TO RELEASE LOAN INFORMATION: I hereby authorize

SECOND LETTER TO LENDER send to current lender and servicer if

debt is owed as a damaged part in the Deed of Trust or Mortgage, in

NOTICE OF DEFAULT ON THE LENDER

NOTICE OF DEFAULT AND ORDER TO CEASE AND DESIST

A Note Holder of Due Course.

appropriate Recast and Restructure, rate and term change of the

Enclosures: Copies of the Cease and Desist Notice, and previous

PETITION FOR A VERIFICATION

424(b)(5) prospectus (for the SEC)

CREDIT AGENCY LETTER

[LENDER] Loan Number: [LOAN NUMBER]

THIS IS A LEGAL NOTICE

OPTIONAL: Attach to any document. This is used to have a witness

OPTIONAL: FOR FILING ADDITIONAL COURT COMPLAINTS AT THE END OF

[Natural Name]s reliance gave forth to consequent and

NOTARY SEAL IF MAILING DIRECT

Commission expires ___________________

STALL FORECLOSURE LETTER may help stall things if using this

Loan # [LOAN NUMBER]

NOTICE TO AGENT IS NOTICE TO PRINCIPAL,

OPTIONAL: COUNTER CLAIM AND DECLARATION OF THE TRUST. CAN

NOTICE OF EXPRESS TRUST

expressing of the trust creates no default to him being construed as

ANSWER AND NEGATIVE AVERMENT

I, [Natural Name], over the age of twenty-one years, competent to witness

Affiant denies that DISTRICT COURT, [COUNTY] COUNTY NEVADA

Affiant denies that AMENDED COMPLAINT FOR QUIET TITLE,

RELIEF, AND MONEY DAMAGES (EXEMPT FROM ARBITRATION: ACTION

Affiant denies that [LENDER] corporation, exists. There is not any

Affiant denies that [Natural Name] , an individual exists, and Affiant

Affiant denies that [ATTORNEY FOR LENDER], NV Bar No. [ATTORNEY

As to Plaintiffs allegation 1., unknown answer Affiant.

As to Plaintiffs allegation 2., denied answers Affiant. There is not

As to Plaintiffs [ATTORNEY FOR LENDER]S Law Firm, denied answers

to Plaintiffs 28., denied answers Affiant. There is not any

to Plaintiffs 29., denied answers Affiant. There is not any

to Plaintiffs 30., denied answers Affiant. There is not any

to Plaintiffs 31., denied answers Affiant. There is not any

to Plaintiffs 32., denied answers Affiant. There is not any

As to Plaintiffs PRAYER FOR RELIEF

1 Diversity of Citizenship, U.S. Government Printing Office document 99-16,

express revocable trust, [Natural Name], now comes as beneficiary in the

I, [Natural Name], Grantor/Settlor, Affiant, over the age of twenty-one years,

That I am injured by said parties, and

For the injury of vexatious suit

Notice of Appointment/Nomination of Fiduciary/Trustee