PRIVATE BANKING
PURPOSE: To produce monetary value for public and private trade
*Learn the history of money and banking and that it is actually the same system
that has been in place for the last 6,000 years
*Learn about the US bankruptcy and how to use it to your advantage
*Learn about the different means of exchange and the instruments used
*Find out how "fighting the system" is a waste of time and how understanding and how ACCEPTING the system is extremely successful
*Learn how to create “money” through exchange.
FINAL PRODUCT: The ability to use the current system to obtain prosperity
It is important to understand just what our “government” is, in order to operate effectively in this system. Did you know that it is actually a trust? Before explaining how the government is a trust, we will first examine a “trust” that most of us are familiar with – a “Deed of Trust.” You might be saying to yourself, “you mean my mortgage?” No – I mean your trust!
Go to your filing cabinet and pull out your file on what you think is the “mortgage to your house.” Now for the fist time, READ IT. What does it say? Is a Deed of Trust different than a Mortgage? Let’s find out!
The following definitions will be used from the Black’s 4th and 6th editions;
Trust. An obligation on a person arising out of confidence reposed in him to apply property faithfully and according to such confidence; as being in nature of deposition by which proprietor transfers to another property of subject in trusted, not that it should remain with him, but that it should be applied to certain uses for the be hoof of third party.
Trustor. A person who creates a trust, also called a Settlor.
Trustee. Person who holds title to the res and administers it for the others’ benefit.
One must be an attorney to operate a title company. If the title companies “hold” all the titles of the Deed of Trusts in the Country, then who “holds” all the titles? That’s right attorneys!
Beneficiary. One for whose benefit a trust is created. One receiving benefit or advantage, or one who is in receipt of benefits, profits, or advantage.
Settlor. One who furnishes the consideration for the creation of a trust, though in form the trust is created by another.
Did you know when you signed the Deed of Trust that you were giving “benefit and advantage” to the bank? Who created the Deed of Trust? The bank did, so why wouldn’t the bank draw up the contract for their own advantage if we don’t say anything against it?
Mortgage. [L. mort dead + gage pledge, or bet; the estate pledged becomes dead or entirely lost by failure to pay.] An assignment or conveyance of land or house property to a person as security for the payment of a debt due to him and on the condition that if the money shall be paid according to contract the grant shall be void. The Consolidated Webster Encyclopedic Dictionary, 1939 edition.
Most states have passed the “Deed of Trust Act” and for the purpose of making it easier to evict people out of their homes by not going into court. Why would they change the name of a mortgage to a Deed of Trust? Perhaps they are not holding the “land or house property” as security. What would the security be then?
Deed of trust. An instrument in use in many states, taking the place and serving the uses of a common-law mortgage, by which the legal title to real property is placed in one or more trustees, to secure the repayment of a sum of money or the performance of other conditions.
Instead of having the land be security the bankers have replaced this with “legal title to real property.” Does this mean a “legal description?” Can the “legal description” ever be the “land or house property?” Since there is no money what would “the performance of other conditions” be? Could this be the delivery of the Promissory Note?
Grant. To bestow; to confer upon some one other than the person or entity which makes the grant
Grantor. The person by whom a grant is made.
Legal. Conforming to the law; according to law; created by law.
Description. A written enumeration of items composing an estate, or of its condition, or of titles or documents; like an inventory, but with more particularity, and without involving the idea of an appraisement.
The dictionary did not have the term “legal description,” so a summary of the words would be “a written enumeration of items composing an estate created by law.” Since law is a fiction then what actually is a legal description?
The “legal description,” or should I say the “strawland,” is the birth certificate for the soil, the dirt, the substance that you own. It is the “title,” but can never be the real thing or take the place of it – NEVER under ANY CIRCUMSTANCES!
Title. The evidence of right which a person has to the possession of property. The word “title” certainly does not merely signify the right which a person has to the possession of property; because there are many instances in which a person may have the right to the possession of property, and at the same time have no title to the same.
Isn’t that interesting! Title does NOT signify the “right to possession.” One may have “right of possession and have no title to the same!” This is why the bank must “create a right of possession” in order to take your property away when you do not “pay.” You see, the bank does not have title before this instance, the title company has the title, so the bank must “create” a title. But first the bank must create a “right of possession.” They must notice you by posting a notice on the property, sending you certified mail, putting it in the newspaper, recording it in the public record and posting it on the public bulletin board. When you do not respond to these notices, it is assumed that you give your consent, and therefore they now have “right of possession.”
Grantor’s Trust. A trust whereby the Grantor is considered to be the owner so that he can maintain the property and pay the taxes on it.
Fructus. Fruits; produce; profit or increase; the right to the fruits of a thing belonging to another.
Usufruct. The right of enjoying a thing, the property of which is vested in another, and draw from the same all the profit, utility, and advantage which it may produce, provided it be without altering the substance of the thing.
Does the above definition say what I think it says? Are we being “usufructed” by the banks?
Tenant. One who holds lands of another; one who has the temporary use and occupation of real property owned by another person (called the “landlord”) the duration and terms of his tenancy being usually fixed by an instrument called a lease.
Joint Tenancy. An estate in fee-simple, fee-tail, for life, for years, or at will, arising by purchase or grant to two or more persons.
If you signed your Deed of Trust “Joint Tenancy,” what did you do? Did you actually sign a lease agreement with the “landlord” that call themselves the bank?
Here is a quote from a Deed of Trust – “WITNESSETH: That Trustor hereby irrevocably grants, conveys, transfers and assigns to the Trustee in Trust, with Power of Sale, the above described real property, together with leases, issues, profits, or income there from: SUBJECT, however to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such property income.”
Assignment of lease. Such occurs where lessee transfers entire unexpired remainder of term created by lease .
What did you do when you signed the Deed of Trust at the title company? You “assigned the lease” between you (the Settlor) and the Trustor (the straw-man) to the Beneficiary (the landlord). What were you thinking? How did the Deed of Trust become a lease, anyway?
Executed. Completed; carried into full effect; already done or performed; taking effect immediately; now in existence or in possession; conveying an immediate right or possession. A trust does not become fully “executed” until subject matter of it has been properly paid over to beneficiaries.
Execute. To complete; to make; to perform; to do; to follow out. The “execution” of a note involves not only the signing but the delivery of the note.
[Latin executus to follow to the end; from ex out + sequor to follow.]
Delivery. The act by which the res or substance thereof is placed within the actual or constructive possession or control of another.
Subject matter. The subject, or matter presented for consideration; to recover money
What would be the “subject matter, res or substance” of a Deed of Trust and the notes “secured thereby?” What is the subject matter presented for consideration? Would this be “money” or substance or would this be what our society “uses as money?”
Registered. Entered or recorded in some official register or record or list.
Security. Protection; assurance; indemnification. The term is usually applied to an obligation, pledge, mortgage, deposit, lien, etc., given by a debtor in order to make sure the payment or performance of his debt, by furnishing the creditor with a resource to be used in case of failure in the principal obligation.
To understand how the “money” system works today, one must remember the 73rd Congress, March 9, 1933;
“The money (Federal Reserve Notes) will be worth 100 cents on the dollar, because it is backed by the credit of the nation. It will represent a mortgage on all the homes and other property of all the people in the nation. The money so issued will not have one penny of gold coverage behind it, because it is really not needed.”
Since the “national emergency in banking,” otherwise known as bankruptcy occurred in 1933, our “money” is credit – your credit – backed by your collateral or your promise. When you sign any promise to pay, it becomes MONEY! What is the difference between Federal Reserve Notes and the Promissory Note you gave the bank? They both represent your credit. Only one thing is different – the bank failed to record your Promissory Note when they recorded the Deed of Trust, therefore it is not “registered” in the public register like FRNs are. Could this be considered “fraudulent use of a foreign security?” You better believe it is!
Will. A “will” is not a sheet of paper, nor a number of sheets or pages, but consists of the words written thereon. And the form of an instrument is of little consequence in determining whether it is a will, but if it is executed with formalities required by statute, and if it is to operate only after death of maker, it is a “will?” The difference between a will and a trust is that a will operates from the moment of death, while a trust operates in present to a certain extent.
Testator. One who makes or has made a testament or will; one who dies leaving a will.
Substitution. The putting one person in place of another; particularly, the act of a testator in naming second devisee (receiver of real property by will) or legatee (receiver of personal property by will) who is to take the bequest either on failure of the original devisee or legatee or after him.
Executor by substitution. A successor executor appointed by testator entitled to succeed to administration of estate following resignation of first executor who had partially administered upon such estate.
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.
You may be thinking by now, “what does all of these terms about death got to do with the Deed of Trust?” What happens when you execute something? You kill it, it dies. OK, so what died?
Have you ever wondered why the bank issues a “Notice of Substitution of Trustee” before they issue a Notice Trustee’s Sale? They must replace the original trustee, because someone, or “something” died - as in a mortgage (dead pledge).
The following is a quote from a Full Reconveyance that the bank gives you when you pay off a loan.
“Said Deed of Trust was executed by JOHN A. DOE (“Trustor”) to SHYSTER BANK (“Original Beneficiary”), and recorded in the official records of PIMA County, ARIZONA, as follows: Date Deed of Trust Recorded: September 28, 1998.”
The date given above as the date the Deed of Trust was “executed” was the same date that
the Promissory Note was “signed and delivered,” not when the loan was paid off. The bank is telling you that the trust was completed when you delivered the note to them. THESE ARE THEIR OWN WORDS!
So, the trust or trustor died! Who is the trustor? How did they spell the name of the trustor? With all capital letters? Is this you or is it Memorex (the straw-man)?
Drill: If you think we are no longer in the feudal system here in the "good ol' US of A," THINK AGAIN. If either you or a friend has a Deed of Trust, go to your files and pull out the copy of it and read the first page and answer the following questions;
1.Did you know you created a TRUST when you obtained your house?
2.Who is the TRUSTOR - you or the STRAW-MAN?
3.Who is the TRUSTEE?
4.Who is the BENEFICIARY?
5.What is the "described property," the land or a list of measurements of a fictitious location?
6.If you irrevocably "grant" a legal description to the TRUSTEE, who is the GRANTOR; and just what exactly was granted? (hint: not the land)
7.Did the husband and wife sign as joint TENANCY? If so what does that make the TRUSTOR - the owner or the TENANT?
8.If the TRUSTOR is now the tenant making payments to the Beneficiary - is the bank in fact the LANDLORD?
9.If one (the mortgage or trust) dies and the property is disposed of - what is it?
10.What really is this document called the Deed of Trust?
a.a trust
b.a grant
c.a lease
d.a will
e.a contract
f.all of the above
1.If you said "f" you are correct - but if the TRUSTOR is the straw-man, how do
you fit into this mystery - are you the Settlor or the Surety?
2.Who gave the consideration for this contract?
3.Are all the above "persons" and property real or fictitious?
4.If this is fiction - who had the land in the first place before ever walking into the Title Company to sign the loan? (hint: YOU!!!)
5.Who is security for the Federal Reserve Notes? (same answer)
6.Who then paid for the loan when they signed the Promissory Note? (no hints)
7.So why do we think we are the tenant when we get a late notice or a NOTICE OF TRUSTEE SALE from the bank, when the property was ours in the first place AND we paid for it again with our Promissory Note?
THE SOLUTION
Now that you know what a Deed of Trust really is, you can solve this riddle. Here are a few more words to define to get a grasp of how much power you really have.
Banking. The business of receiving money on deposit, loaning money, discounting notes, issuing notes for circulation, collecting money on notes deposited, negotiating bills, etc.
Bank. An institution, usually incorporated with power to issue its promissory notes intended to circulate as money (known as bank notes); or to receive the money of others on general deposit, to forma joint fund that shall be used by the institution, for its own benefit; The term “bank” is usually restricted in its application to an incorporated body; while a private individual making it his business to conduct banking operations is generally denominated a “banker.”
Banker. A private person who keeps a bank; one who is engaged in the business of banking. One who carries on the business of banking by receiving money on deposit with or without interest, by buying and selling bills of exchange, promissory notes, gold or silver coin, bullion, uncurrent money, bonds or stock, or other securities, and by loaning money without being incorporated.
Banker’s Note. A commercial instrument resembling a bank note (a promissory note issued by a bank intended to circulate as money) in every particular except that it is given by a private banker or unincorporated banking institution.
Bill of Exchange. A written order from A. to B. directing B. to pay C. a certain sum of money therein named. A “check” differs from a “bill of exchange” in that it is always drawn on a deposit whereas a bill is not.
Foreign Bill of Exchange. A bill of exchange drawn in one state or country, upon a foreign state or country.
Foreign Exchange. Conversion of the money of one country into its equal of another country. Process by which money of one country is used to pay balances due in another country.
As one can see from the above definitions, you are a “banker” that can “issue promissory notes intended to be circulated as money.” Since that is what ALL currency is today – your credit – it should not be a stretch for the imagination to think that you can USE YOUR OWN CREDIT! You are “foreign” to UNITED STATES so you can use your credit to pay the balance due in another country (or should we say “corporation” such as UNITED STATES). The “balance” representing the interest that a person owes you when they are using YOUR credit.
Since the straw-man is a corporation created by the state to account for the credit that they are using in your name, it stands to reason that the straw-man represents UNITED STATES and THEIR debt – not you and your debt. You are the creditor, and the state or UNITED STATES is the debtor. They owe you exemption for using your credit, but since they are bankrupt, there is no “substance money,” so you, as the creditor, will have to get paid by taking equity, such as your house and your car as a setoff.
As one can see from the above definitions, you are a “banker” that can “issue BILLS OF EXCHANGE (BOE) intended to be circulated as money.” Since that is what ALL currency is today – your credit – it should not be a stretch for the imagination to think that you can USE YOUR OWN CREDIT! However, you are not going to use your credit, which creates more debt – you are going to by using your EXEMPTION.
Exemption. Freedom from a general duty or service; immunity from a general burden, tax, or charge, Immunity from service of process or from certain legal obligations, as jury duty, military service, or the payment of taxes; Property exempt in bankruptcy proceedings is provided for under Bankruptcy Code sec. 522.
Exempt. [L. exemptum, to take out, to remove, from ex, out + emo, to buy, to take.] To free or permit to be free from any charge, burden, restraint, duty to which others are subject; to grant immunity.
Accept. [L. acceptare, from ad, to + capio, to take.] To take or receive, as something offered; to acknowledge with a signature and thus promise to pay a Bill of Exchange.
All municipalities and corporations are bankrupt because they have no substance to back up their currency. We, as sovereigns, bailed them out by letting them use OUR PROPERTY as collateral, then they mortgaged it and – Vwala – there was currency. However, we are EXEMPT because they are using our credit to make trillions of dollars a year, and therefore, we are entitled “to take” a portion of their equity in return.
You are going TO TAKE what is already yours and in your possession. Since there is no money, you can only “take” equity – goods and services – from the corporations using your credit as they are BANKRUPT! You will be sending a copy of the BOE to Timothy F. Geithner in a “private” capacity as the trustee for the US Bankruptcy. This is done privately because you cannot deal with a fiction.
You are “foreign” to UNITED STATES and all other corporations, so you can use your EXEMPTION as a FOREIGN BILL OF EXCHANGE to pay the balance due in another country (or should we say “corporation” such as UNITED STATES). The “balance” representing the interest that a person owes you when they are using YOUR credit.
Since the straw-man is a corporation created by the state to account for the credit that they are using in your name, it stands to reason that the straw-man represents UNITED STATES and THEIR debt – not you. You are the creditor, and the state or UNITED STATES is the debtor. They owe you interest for using your credit, but since they are bankrupt, there is no “substance money,” so you, as the creditor, will have to get paid by taking equity, such as your house and your car as a setoff.
Power of acceptance. Capacity of offeree, upon acceptance of the terms of the offer, to create a binding contract.
House Joint Resolution 192, June 5, 1933, states that one cannot demand a certain form of currency that they want to receive if it is dollar for dollar as ALL CURRENCY IS YOUR CREDIT!! If they do, they are in breach of the contract of HJR 192. You have already accepted this contract and now they must perform.
Pursuant to the contract with the corporation that you are discharging the debt of and HJR 192, they must give you a Letter of Release or Payment in Full.
If you have not received the release in 14 days then send them a DEFAULT and contact a notary to do a process that will give you a CERTIFICATE OF DISHONOR, because they are in breach of the contract at this time.
Conveyance. The transfer of title from one person to another. An instrument in writing under seal, by which some estate or interest in lands is transferred from one person to another.
Reconveyance. It takes place where a mortgage debt is paid off, and the mortgaged property is conveyed again to the mortgagor or his representatives free from the mortgage debt.
Have you ever wondered why the banks use the term “Reconveyance?” If “conveyance” means the transfer of title, then does “Reconveyance” mean to transfer title back to you? Did you know that you had “interest in the land” before you ever walked into the title company to sign “your loan?”
Now that you have issued a promissory note to the bank and they have acknowledged your payment by admitting that it is a “security” and that it “executed” the Deed of Trust at the time you gave them the promissory note.
Since the bank did not record the promissory note, it is not “registered” so instead of waiting for the bank, as beneficiary of the deed of trust to do this – you do it as the Settlor of the trust. Take out a copy of your Promissory Note and sign it as “Settlor,” the one who furnished the consideration. Now you are accepting the promise that the Trustor (straw-man) made to the bank and therefore discharging the debt by using your exemption. Then record the note and have the county recorder, the public fiduciary, register it and do a service of process on the bank by mailing it to them.
Pursuant to the contract (Deed of Trust) they must give you a FULL RECONVEYANCE.
If you have not received the FULL RECONVEYANCE in ten days then contact a notary and do a process that will give you a CERTIFICATE OF RECONVEYANCE. Then record the Reconveyance yourself as Settlor for the bank, because they are in breach of the contract at this time.
Breach. The breaking or violating of a law, right, or duty, either by commission or omission.
Breach of contract. Failure, without legal excuse, to perform any promise which forms the whole or part of a contract; Unequivocal, distinct and absolute refusal to perform agreement.
Notary Public: A public officer whose function it is to administer oaths; to attest and certify, by her or his hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions; to take acknowledgements of deeds and other conveyances, and certify the same; and to perform certain official acts, chiefly in commercial matters such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. One who is authorized by the State or Federal Government to administer oaths, and to attest to the authenticity of signatures. Black’s 6th edition
Notary Public. A legal practitioner, usually a solicitor, who attests or certifies deeds and other documents and notes or protests dishonoured bills of exchange.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996
Certificate. A “certificate” by a public officer is a statement written and signed, but not necessarily or customarily sworn to, which is by law made evidence of the truth of the facts stated for all or for certain purposes.
Land Certificate. A certificate is given to the registered proprietor, and similarly upon every transfer of registered land. This registration supersedes the necessity of any further registration in the register counties (county recorder). It contains a description of the land as it appears on the register and the name and address of the proprietor, and is prima facia evidence of the truth of the matters therein set forth.
Torrens Title System. A system for registration of land under which, upon the land-owner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. With exceptions, this certificate is conclusive as to applicant’s estate in land. System of registration of land title as distinguished from registration or recording of evidence of such title.
Investiture. A ceremony which accompanied the grant of lands in the feudal ages, and consisted in the open and notorious delivery of possession in the presence of the other vassals, which perpetuated among them the area of their new acquisition at the time when the art of writing was very little known; and thus the evidence of the property was reposed in the memory of the neighborhood, who, in case of disputed title, were afterwards called upon to decide upon it.
According to the above definitions, a notary can issue a certificate authenticating a transfer of title of land referred to as “conveyance” a “land certificate.” The transfer of land that we are concerned with must be according to the contract called a “deed of trust.” We must create a “right of possession” just as the bank does. We must notice the bank similarly as they do. And when they do not answer, they give their consent – just as we have given our consent when we do not answer the NOTICE OF TRUSTEE SALE that the banks send you when they claim you “breach” the deed of trust.
Pursuant to your deed of trust, the bank must record a FULL RECONVEYANCE when you have “paid the loan off.” But, if they do not record the Reconveyance, THE BANK IS NOW IN BREACH! Now, as Settlor, you will have to bypass them.
Bank charges. This term in an action on a Bill of Exchange is equivalent to expenses of noting and may be especially endorsed as a liquidated demand.
Liquidated demand. A demand the amount of which has been ascertained or settled by agreement of the parties, or otherwise.
Noting. The act of a notary in minuting on a bill of exchange, after it has been presented for acceptance or payment, the initials of his name, the date of the day, month, and year when such presentment was made, and the reason, if any has been assigned, for non-acceptance or non-payment, together with his charge. Black’s 4th edition
Minutes. Practice. A memorandum of what takes place in court, made by authority of the court. Black’s 4th edition
Charge. In Equity practice. A written statement presented to a master in chancery (notary public) by a party (you) of the items with which the opposite party should be debited or should account for, or of the claim of the party making it. A charge may embrace the whole liabilities of the accounting party.
The phrases “in an action” and “noting” are referring to the Notarial process detailed in Course 5, and will be enumerated again in the instructions below. The Notarial process of “noting” is equivalent to a court procedure, the end product being a “certificate of dishonor” or some other certificate, authenticating that an action has been done between 2 parties and that the parties are in agreement. The banks term this document a “BREACH AND NON-PERFORMANCE” and is recorded with the NOTICE OF SUBSTITUTION OF TRUSTEE. The “BREACH AND NON-PERFORMANCE” is the certificate the bank uses as a “certificate of dishonor” issued by a notary. You are going to duplicate their process back to them.
So after you have finished the notarial process, the notary will issue you a “certificate” indicating transfer of title. However, instead of the notary issuing a land certificate, the notary will issue a “CERTIFICATE OF RECONVEYANCE.” Since “land certificate” would indicate 2 parties and thus a direct transfer we cannot use this term. We must follow the stipulations in the deed of trust as there are three (3) parties concern, and therefore we must “reconvey” the title or “convey” “back” title to the “person” who granted the property in the deed of trust. This would be the TRUSTOR, ie. JOHN DOE not John Doe.
If the bank is admitting that the TRUSTOR had title from the beginning then there is already a “right of possession” in place. Right of possession already existed before even the signing of the deed of trust. This is the reason that we can simply “reconvey” without the need to proceed with a TRUSTEE SALE.
Settlement. Act or process of adjusting or determining; an adjusting; an adjustment between persons concerning their dealings or difficulties; an agreement by which parties having disputed matters between them reach or ascertain what is coming from one to the other; and liquidation.
Liquidation. The act of process of settling or making clear, fixed, and determinate that which before was uncertain or un-ascertained; winding up and distribution of assets among creditors and stockholders.
Wind up. To settle the accounts and liquidate the assets of a corporation, for the purpose of making distribution and dissolving the concern.
Settle up. A term, colloquial rather than legal, which is applied to the final collection, adjustment, and distribution of the estate of a decedent, a bankrupt, or an insolvent corporation. It includes the processes of collecting the property, paying debts and charges, and turning over the balance to those entitled to receive it.
Deed of settlement. The party who settles property is called the “settlor.”
Settlor. One who furnishes the consideration for the creation of a trust although the in form the trust is created by another.
Since the bank is already in bankruptcy (chapter 11) and they breach the contract (deed of trust) by not transferring title when the contract is executed, you can “liquidate” the contract. You are the Settlor – one who “settles property.”
Final settlement. This term, as applied to the administration of an estate, is usually understood to have reference to the order of court approving the account which closes the business of the estate, and which finally discharges the executor or administrator from the duties of his trust.
Now you have created a “default” against the bank with a public official (a deputy superior
court clerk) as a third party witness just as the bank has done before they liquidate the trust property at the TRUSTEE SALE. And now, since you have finished the administrative process on this matter, you will record a FULL RECONVEYANCE for the bank, as the Settlor, and reconvey the property to the “person” entitled to it which is your straw-man corporation, ie. JOHN DOE, the original TRUSTOR of the Deed of Trust. The CERTIFICATE OF RECONVEYANCE is “final settlement” by the “order of court” called the notary process which “closes the business of the estate” by closing the account of the deed of trust.
In the below “principals of law,” remember the Secured Party is you.
UCC 9-607. Collection and Enforcement by Secured Party.
(b) [Nonjudicial enforcement of mortgage.] If necessary to enable a secured party to
exercise under subsection (a)(3) the right of a debtor to enforce a mortgage non-judicially, the secured party may record in the office in which a record of the mortgage is recorded:
1.a copy of the security agreement that creates or provides for a security interest in the
obligation secured by the mortgage; and
2.the secured party’s sworn affidavit in recordable form stating that:
a.a default has occurred; and
b.the secured party is entitled to enforce the mortgage non-judicially.
The Deed of Trust is the “security agreement.” The NOTICE OF RECONVEYANCE
that you recorded is part of the agreement as well. The affidavit, entitled NOTICE OF DEFAULT, is the “sworn affidavit in recordable form stating that a default has occurred.”
UCC 9-609. Secured Party’s Right to Take Possession After Default.
(a) [Possession; rendering equipment unusable; disposition on debtor’s premises.] After default, a secured party:
1.may take possession of the collateral;
(b) [Judicial and nonjudicial process.] A secured party may proceed under subsection (a):
(2) without judicial process, if it proceeds without breach of the peace.
Now that you have completed your “nonjudicial process,” you can collect the collateral and take possession of it. Since you already live there, you “may proceed without judicial process, if it proceeds without breach of peace.”
INSTRUCTIONS FOR RECONVEYANCE
PURPOSE: As a Creditor of UNITED STATES and all other sub-corporations private and public, you are owed interest for the gold and all property that you “loaned” them starting March 9, 1933 to date. There is NO MONEY. In order to start getting your interest back, you must NOTICE your DEBTORS of what you expect them to do and the consequences if they do not comply. This file contains all the documents you will need to “register” your promissory note that you already have paid the bank and as a result get your house conveyed back to you or as they term it – a FULL RECONVEYANCE.
Following is a step by step list of actions that will instruct you on the specifics of how to take your house back after you have discharge it with your promissory note. Below is a list of the documents that one will need in this process;
1.NOTICE OF RECONVEYANCE
2.NOTICE OF DEFAULT
3.NOTICE OF BREACH – from a Notary
4.CERTIFICATE OF RECONVEYANCE - from a Notary
5.FULL RECONVEYANCE – from the Substitution Trustee
1.The NOTICE OF RECONVEYANCE is for the return of your equity (your house) when you signed the Promissory Note on your house - the banks have used your Note, and now, as their Settlor, you want the equity and the rents back.
a.Word process the NOTICE OF RECONVEYANCE for all of the correct information
b.When doing your Promissory Note, create a new document on your computer and make a signature line just like the one you signed on the note originally, but type your name in upper and lower letters under the left side of the line and Settlor under the right side of the line. Then print it, cut it out and paste it on the right hand side of the Promissory Note. Then make a copy of it and have the copy notarized when you get the Notice notarized. The signatory should look like this.
_____________________________
John Henry Doe Settlor
EIN # 123456789 PREPAID
c.NOTE: If you cannot locate your Promissory Note, request a copy from the bank. If they don’t send you a copy, get a copy of a friend’s note and type in all of your info and record it. If they ever challenge it, they will have to bring a certified copy both front and back of the original – which they probably don’t have; the back will also show that the note was “PAID TO THE ORDER OF ______ BANK” which proves that the bank indeed collateralized your note just as they would deposit a check. Either way they lose.
d.Attach the Promissory Note to the NOTICE OF RECONVEYANCE and get both notarized
e.Record the Notice with the County recorder. The original will go to the bank, so pay for a copy of the Notice to be sent to you. The reasons why you are recording this notice with the Recorder is that they are the PUBLIC FIDUCIARY for you as a SETTLOR and they must accept your instrument, register your instrument and deliver the instrument to your DEBTOR. Now the bank has received a “registered security.”
f.When you get the copy back from the Recorder, wait ten (10) days for your FULL RECONVEYANCE from the bank.
2.NOTICE OF DEFAULT
After giving ten (10) days and you have received no response, prepare the NOTICE OF DEFAULT. This document is the entering in of the charge to the Notary Public who is acting as a Deputy Superior Court Clerk. Take this document to the notary, notarize it and have the notary start the Notarial Protest. If the Respondents do not answer in 10 days, the notary will notice them again to give them one more opportunity. Then the notary will issue a CERTIFICATE OF RECONVEYANCE which is considered a DEFAULT JUDGMENT.
3.NOTICE OF BREACH – by a Notary Public
Now we will go through the process called a Notarial Protest, a very powerful process that will create a witness against the Respondent through a Public Official. Following is the definition of a Notary Public according to Black’s Law Dictionary, 6th edition. It is important to know why you need to use a Notary Public.
Notary Public: A public officer whose function it is to administer oaths; to attest and certify, by her or his hand and official seal, certain classes of documents, in order to give them credit and authenticity in foreign jurisdictions; to take acknowledgements of deeds and other conveyances, and certify the same; and to perform certain official acts, chiefly in commercial matters such as the protesting of notes and bills, the noting of foreign drafts, and marine protests in cases of loss or damage. One who is authorized by the State or Federal Government to administer oaths, and to attest to the authenticity of signatures. Black’s 6th edition
NOTARY PUBLIC. A legal practitioner, usually a solicitor, who attests or certifies deeds and other documents and notes or protests dishonoured bills of exchange.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996
Pursuant to Arizona Revised Statutes (ARS) Title 41-332;
Secretary of the State; deputy county clerk; county clerk functions
“…each clerk of the superior court shall deputize the secretary of state and the secretary’s designees as deputy county clerks of the superior court solely for the performance of the superior court clerk’s functions…”
SECRETARY OF STATE. In American law. Title of the chief of the executive bureau of the United States called the “Department of State.” He is a member of the cabinet, and is charged with the general administration of the international and diplomatic affairs of the government. In many of the state governments there is an executive officer bearing the same title and exercising important functions. In English law. The secretaries of state are cabinet ministers attending the sovereign for the receipt and dispatch of letters, grants, petitions, and many of the most important affairs of the kingdom, both foreign and domestic. Black’s 4th edition
As you should now know, each of us are a separate “foreign sovereign nation.” The Secretary of the State’s main function is to attend the to the sovereign – you.
Commission: An authority or writ issuing from a court, in relation to a cause before it, directing and authorizing a person or persons named to do some act or exercise some special function; usually to take the depositions of witnesses.
Commissioner: A person to whom a commission is directed by the government or a court. A person with a commission. An officer who is charged with the administration of the laws relating to some particular subject matter, or the management of some bureau or agency of the government. Member of a commission or board. Specially appointed officer of the Court.
All notary publics are assigned a “commission” by the secretary of the state and deputized by the notary public of the Superior Court.
TABELLIO. In Roman law. An officer corresponding in some respects to a notary. His business was to draw legal instruments, (contracts, wills, etc.,) and witness their execution. Tabelliones differed from notaries in many respects; they had judicial jurisdiction in some cases, and from their judgments there were no appeals. Notaries were then the clerks or aiders of the tabelliones; they received the agreements of the parties, which they reduced to short notes; and these contracts were not binding until they were written in extenso, which was done by the tabelliones. Black’s 4th edition
In summary of the above definitions, a Notary Public is a commissioner designated by the secretary of the state and deputized to be a deputy superior court clerk to hear certain issues presented to them by foreign agents by taking depositions of the parties termed “notes.” In order for the “notes” (contracts) to be binding they are registered with the secretary of state.
BILL OF EXCHANGE. An unconditional order in writing, addressed by one person (the drawer/debtor) to another (the drawee/your straw-man) and signed by the person giving it, requiring the drawee to pay on demand or at a fixed or determinable future time a specified sum of money to or to the order of a specified person (the payee/Timothy F. Geithner/trustee of U.S. Bankruptcy) or to the bearer. If the bill is payable at a future time the drawee (your straw-man) signifies his acceptance (by you as the creditor of both the drawer and drawee AND the payee), which makes him the party primarily liable upon the bill; the drawer and endorsers may also be liable upon a bill. The use of bills of exchange enables one person to transfer to another an enforceable right to a sum of money. A bill of exchange is not only transferable but also negotiable, since if a person without an enforceable right to the money transfers a bill to a holder in due course, the latter obtains a good title to it. Much of the law on bills of exchange is codified by the Bills of Exchange Act 1882 and the Cheques Act 1992.
Dictionary of Law, Oxford University Press © Market House Books Ltd 1997
DISHONOR. Failure to honour a bill of exchange. This may be by nonacceptance, when a bill of exchange is presented for acceptance and this is refused or cannot be obtained (or when presentment for acceptance is excused and the bill is not accepted); or by nonpayment, when the bill is presented for payment and payment is refused or cannot be obtained (or when presentment is excused and the bill is overdue and unpaid). In both cases the holder has an immediate right of recourse against the drawer and endorsers, but foreign bills that have been dishonoured must first be protested (see protest).
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996
NOTE A BILL. When a foreign bill has been dishonored, it is usual for a notary public to present it again on the same day and if it be not then paid, to make a minute, consisting of his initials, the day, month, and year, and reason, if assigned, of non-acceptance. The making of this minute is called “noting the bill.”
UCC 3 § 505. Protest; Noting for Protest
* * * (b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest shall identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
NOTING. 1. The procedure adopted if a bill of exchange has been dishonoured by non-acceptance or by non-payment. Not later than the next business day after the day on which it was dishonoured, the holder has to hand it to a notary public to be noted. The notary re-presents the bill; if it is still unaccepted or unpaid, the circumstances are noted in a register and also on a notarial ticket, which is attached to the bill. The noting can then, if necessary, be extended to a protest.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996
NOTING. The act of a notary in minuting on a bill of exchange, after it has been presented for acceptance or payment, the initials of his name, the date of the day, month, and year when such presentment was made, and the reason, if any has been assigned, for non-acceptance or non-payment, together with his charge. Black’s 4th
MINUTES. Practice. A memorandum of what takes place in court, made by authority of the court. Black’s 4th edition
CHARGE. In Equity practice. A written statement presented to a master in chancery (notary public) by a party (you) of the items with which the opposite party should be debited or should account for, or of the claim of the party making it. A charge may embrace the whole liabilities of the accounting party.
TICKET. In contracts. A slip of paper containing a certificate that the person to whom it is issued, or the holder, is entitled to some right or privilege therein mentioned or described; Black’s 4th edition
JUDGMENT NOTE. A promissory note (contract), embodying an authorization to…a clerk of the court (or a notary public), to enter an appearance for the maker of the note and confess a judgment against him for a sum therein named, upon default of payment of the note. Black’s 4th edition
PROTEST. A notarial act, being a formal statement in writing made by a notary under his seal of office, at the request of the holder of a bill or note, in which it is declared that the bill or note described was on a certain day presented for payment or acceptance and that such payment or acceptance was refused, and stating the reasons, if any, given for such refusal, whereupon the notary protests against all parties to such instrument, and declares that they will be held responsible for all loss or damage arising from its dishonor. It denotes also all the steps or acts accompanying dishonor necessary to charge an indorser. Black’s 4th edition
PROTEST. 2. A procedure by which a notary provides formal evidence of the dishonour of a bill of exchange. When a foreign bill has been dishonoured by nonacceptance or nonpayment it is handed to the notary, who usually presents it again. If it is still dishonoured, the notary attaches a slip showing the answer received and other particulars - a process called noting. The protest, in the form of a formal document, may then be drawn up at a later time.
Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996
Locate a Notary Public that is knowledgeable and willing to do your Notarial Protest. There are 3 documents needed for this process: Notice of Breach, Default and Opportunity to Cure, and a Certificate of Dishonor. The first document is a NOTICE OF BREACH , which the Notary issues to the Offeror to allow them a second opportunity to provide evidence to substantiate their claim. Basically the Notary Public is acting in the capacity of taking a deposition from witnesses. The Notary Public has been shown your affidavit ENTRY FOR DEFAULT JUDGMENT BY AFFIDAVIT and now the Notary is asking for the Offeror’s affidavit (sworn statement).
4.CERTIFICATE OF RECONVEYANCE – Notary Public
If in 10 days the Notary Public does not receive a response point for point by affidavit with documented evidence, the Respondent has defaulted and therefore dishonored your acceptance. Then the Notary prepares a Notarial Protest which the Notary keeps for her/his own records, and issues you a certificate authenticating the transfer of title. The certificate is called a CERTIFICATE OF RECONVEYANCE and is actually just as valid as a Default Judgment in a Superior Court.
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