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5.FULL RECONVEYANCE

Word process the FULL RECONVEYANCE. Gather the following documents into a package starting with the bottom of the package as follows:

1.NOTICE OF DEFAULT – affidavit from the Settlor
2.CERTIFICATE OF RECONVEYANCE - affidavit from a Notary Public
3.FULL RECONVEYANCE – affidavit from Substitution Trustee

Make two copies of this package. Record the package at the county recorder’s office of 
the county you are in. In the upper right hand corner of the first copy of the FULL RECONVEYANCE, write the name of the county recorder, the Docket number and the Page number, and the date recorded. Then send that copy certified mail to the bank.

This completes the process for FULL RECONVEYANCE. The next process will be covered in a separate set of instructions. The next process is INVOLUNTARY BANKRUPTCY PROCEDURE.

 


When Recorded Mail to: Daniel Begley, d.b.a. Loan Resolution Specialist 
SHYSTER BANK 
1665 Palm Beach Lakes Blvd.
West Palm Beach FL., 33401


NOTICE OF RECONVEYANCE

Contract # 700008

Payee: Daniel Begley, d.b.a. Loan Resolution Specialist, SHYSTER BANK 1665 Palm Beach Lakes Blvd.
West Palm Beach FL., 33401

Payor: JOHN HENRY DOE, 6880 S. BROADWAY, TUCSON, AZ 85746 
I, John Henry Doe, herein “Settlor, ” state the facts contained herein are true, correct, complete, and not misleading, to the best of my personal knowledge. I am Creditor for the legal fiction JOHN HENRY DOE, organization #601-15-3458, and have PREPAID EXEMPT status as evidenced by the UCC-1 Financing Statement #0565988 as the testimony of the Secretary of State West Virginia.

On October 27, 1999, Settlor, signed for his legal fiction JOHN HENRY DOE, on a Deed of Trust recorded at Docket__________, Page________ of PIMA COUNTY. JOHN HENRY DOE, herein “BORROWER,” was named as Trustor to a trust presented by Fidelity National Title Company that was named as Trustee, hereinafter "TRUSTEE." The BORROWER as Trustor entrusted the Deed of Trust as a title to be held by the TRUSTEE until the loan #17368499 was paid to CHARTER FUNDING as the Beneficiary. The Deed stated that the BORROWER as Trustor granted a list of measurements of a fictitious location, entitled legal description to the Beneficiary, which became the property of the Beneficiary as the Grantee. CHARTER FUNDING later assigned the Deed to SHYSTER BANK, herein “Beneficiary.”

The Settlor signed a Promissory Note for the BORROWER evidencing consideration, and delivered it to the TRUSTEE who accepted the Note as payment for the loan based upon Settlor’s prepaid exempt status, thereby discharging the debt the BORROWER, as Trustor, had with the Beneficiary. The TRUSTEE inadvertently failed to register the Promissory Note and therefore the Pima County Recorder as Public Fiduciary will register and deliver this security to Beneficiary’s agent as evidence that the loan has been discharged for the public record and that the trust has been executed and hereby terminated. The Beneficiary has ten (10) days to record a FULL RECONVEYANCE to original TRUSTOR. In the event a FULL RECONVEYANCE is not recorded in ten (10) days, beneficiary consents that Settlor record the Reconveyance in Beneficiary’s behalf.

__________________________
John Henry Doe, Settlor

Arizona ) 
) ss ACKNOWLEDGEMENT
Pima county )

As a Notary Public for said County and State, I do hereby certify that on this ____ day of _____________
_______ the above mentioned appeared before me and executed the foregoing. Witness my hand and seal:

_____________________________ 
Notary Public

 

John Henry Doe 
c/o 6880 S. Broadway
Tucson, AZ 85746
Affiant

Daniel Begley d.b.a. 
Loan Resolution Specialist 
SHYSTER BANK 
1665 Palm Beach Lakes Blvd.
West Palm Beach FL., 33401
Respondent 

RE: Account #17368499 Contract #700008

NOTICE OF DEFAULT

Arizona ) NOTICE TO AGENT IS NOTICE TO PRINCIPAL
) ss NOTICE TO PRINCIPAL IS NOTICE TO AGENT
Pima county )

Having been duly sworn, Affiant declares that affidavit and response... The parties to the contract entitled, Notice of RECONVEYANCE , hereinafter "Contract," are in full agreement regarding the following:

1.Affiant is competent to state to the matters included in his/her declaration, has knowledge of the facts, and declared that to the best of his/her knowledge, the statements made in his/her affidavit are true, correct, and not meant to mislead;

2.Affiant is the secured party, superior claimant, holder in due course, and principal creditor having a registered priority lien hold interest to all property held in the name of JOHN HENRY DOE organization # 520-80-6307, evidenced by UCC-1 Financing Statement #0565988 filed with the Secretary of State of the State of West Virginia.

3.Respondent, Dan Begley, is herein addressed in his private capacity, but in his public capacity is a citizen and resident of the State of Florida and is participating in a commercial enterprise with his co-business partners, including but not limited to SHYSTER BANK, hereinafter collectively referred to as “Respondent”;

4.The governing law of this private contract is the agreement of the parties supported by the Law Merchant and applicable maxims of law;

5.Affiant at no time has willing, knowingly, intentionally, or voluntarily agreed to subordinate their position as creditor, through signature, or words, actions, or inaction’s;

6.Affiant at no time has requested or accepted extraordinary benefits or privileges from the Respondent, the United States, or any subdivision thereof;

7.Affiant is not a party to a valid contract with Respondent that requires Affiant to perform in any manner, including but not limited to the payment of money to Respondent;

8.On September 22, 2001, Affiant sent a security, entitled Promissory Note, to the PIMA COUNTY RECORDER to register. The cover document, entitled Notice of RECONVEYANCE , instructed Respondent on the procedure of concluding the contract. The PIMA COUNTY RECORDER recorded the instrument and delivered the now registered security, herein “presentment,” to the Respondent evidencing payment.

9.Affiant gave Notice that Respondent’s failure to properly and timely respond to this good faith effort to settle the account noted above, would constitute Respondent’s consent that Affiant, in the capacity of Settlor for Respondent, would record the FULL RECONVEYANCE in behalf of Respondent.

10.Respondent has dishonored Affiant’s presentment by not issuing a FULL RECONVEYANCE as stipulated in the original Deed of Trust when Deed of Trust was executed by delivery of the Promissory Note. This dishonor is now deemed to be a charge against Respondent.

11.In order to exhaust all administrative remedies, it is required that a Notarial Protest be executed to obtain any evidence and/or testimony from Respondent that could aid in his defense. In the event no response is received by the Public Official (Notary), this will act as a witness against Respondent. Upon default, a CERTIFICATE OF RECONVEYANCE will be issued which will act as a Default Judgment against Respondent who will then be taken in to bankruptcy liquidation whereby all the equity in the name of Respondent will be disposed of in a foreign proceeding.

It has been said, so it is done.

Dated this day of , 2002.

John Henry Doe, Affiant

Arizona )
) ss ACKNOWLEDGEMENT
Pima county )

As a Notary Public for said County and State, I do hereby certify that on this _____ day of _____________2002 the above mentioned appeared before me and executed the foregoing. Witness my hand and seal:
____________________________ 
Notary Public


NOTICE OF BREACH
1/3/2000
Daniel Begley d.b.a.
Loan Resolution Specialist
SHYSTER BANK
1665 Palm Beach Lakes Blvd.
West Palm Beach FL., 33401

Dear Mr. Begley,

I received a request by affidavit for a protest pursuant to Arizona Revised Statues at Sections 47-

3505(a), from John Henry Doe, who informed me you dishonored his registered security consisting of the

NOTICE OF RECONVEYANCE and a Promissory Note dated 1/2/2000 and sent

to you at 1665 Palm Beach Lakes Blvd., West Palm Beach FL., 33401, on 1/2/2000, as evidenced by

public record Docket ________ and Page ______verifying the contents.

In the event you dishonor through non-acceptance or non-performance was unintentional or due to reasonable neglect or impossibility, I am attaching a copy of the same presentment to this Notice.
You may respond to me, and I will forward your response to John Henry Doe. Your response is expected no later than ten (10) days from the postmark of this Notice of Breach.

Thank you for your prompt attention to this matter.

Sincerely,

______________________________________
Notary Public (name)
Address:
______________________________________
______________________________________
______________________________________


(Stamp) (Seal)

CERTIFICATE OF RECONVEYANCE

 

I, William Smith, am the notary to whom all communications are to be mailed regarding the contract entitled NOTICE OF RECONVEYANCE in response to Public Account #17368499, herein "presentment."

Pursuant to Arizona Revised Statutes 47-3505(b), and Uniform Commercial Code 3-505(b) and 1-202, Notice of Protest is hereby given with CERTIFICATE OF RECONVEYANCE regarding the following:

On October 22, 2001, the notary record shows a NOTICE OF BREACH was mailed to John Henry Doe's Respondent Daniel Begley, Loan Resolution Specialist agent for SHYSTER BANK, herein "Respondent," located at 1665 Palm Beach Lakes Blvd. West Palm Beach FL., 33401, who was given 10 days to respond.

As of this date, no response had been delivered to me, the designated receiver. I interviewed John Henry Doe, whose affidavit is attached to this Notarial Protest. John Henry Doe has stated to me by affidavit that Petitioner has received no response to said Private Contract at any other mailing location. Based on the foregoing information, Respondent has dishonored John Henry Doe's notices by non-acceptance and/or non-performance and have therefore assented to the terms and conditions in said Contract.
_____________________________
William Smith, Third Party Witness


Arizona )
) ss ACKNOWLEDGEMENT
Pima county )

As a Notary Public for said County and State, I do hereby certify that on this _____ day of _____________2002 the above mentioned appeared before me and executed the foregoing. Witness my hand and seal:

_____________________________ 
Notary Public

 

 

 

 


When Recorded Mail to: John Henry Doe
6880 S Broadway
Tucson, Arizona 85746

 


SUBSTITUTION OF TRUSTEE
FULL RECONVEYANCE


John Henry Doe, acting in the capacity of settlor for SHYSTER BANK, as beneficiary under that certain Deed of Trust duly substitutes and appoints Aage Nost as Trustee under said Deed of Trust, and having received from furnisher of the consideration there under a written request to reconvey, reciting that all sums secured by said Deed of Trust have been fully paid by recording the Promissory Note as a registered security, and said Deed of Trust and the note or notes secured thereby having been surrendered to said Trustee for cancellation, does hereby RECONVEY, without warranty, to the person or persons legally entitled thereto, the property now held by it there under. Said Deed of Trust was executed by JOHN H. 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 as Instrument Number 19981670016 in Book 10890 at Page 61.
Date Promissory Note Recorded: FEBRUARY 4, 2002 as Instrument Number 20020231145 in Book 11729 at Page 3819.

PROPERTY ADDRESS: 2204 & 2206 SOUTH CAMPBELL AVENUE, TUCSON, ARIZONA

LOT 8 IN BLOCK 8 OF PUEBLO GARDENS, AS SHOWN BY SUBDIVISION MAP RECORDED IN BOOK 8 OF MAPS AT PAGE 84, RECORDED IN PIMA COUNTY, ARIZONA

IN WITNESS WHEREOF, John Henry Doe, in the capacity as Settlor for SHYSTER BANK, has caused her name and seal to be hereto affixed.
SHYSTER BANK

__________________________ ____________________________
Aage Nost, Substitute Trustee SHYSTER BANK 
BY: John Henry Doe, Settlor


Arizona ) 
) ss ACKNOWLEDGEMENT
Pima county )

As a Notary Public for said County and State, I do hereby certify that on this ____ day of _____________
_______ the above mentioned appeared before me and executed the foregoing. Witness my hand and seal:

_____________________________ 
Notary Public

INSTRUCTIONS FOR

DISCHARGING PUBLIC DEBT WITH PRIVATE CHECKS

PURPOSE: As a Creditor of UNITED STATES and all other sub-corporations private and public, you are owed equity and 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 equity 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 PERFECT YOUR CLAIM and TAKE BACK YOUR EQUITY;

1.PREPARING YOUR PRIVATE CHECK
2.STATEMENT OF ACCOUNT
3.LETTER TO TIMOTHY F. GEITHNER
4.FINAL STATEMENT
5.CONDITIONAL ACCEPTANCE FOR VALUE
6.NOTICE OF DEFAULT 
7.NOTICE OF DISHONOR – From The Notary Public
8.NOTICE OF PROTEST AND OPPORTUNITY TO CURE – From Notary
9.CERTIFICATE OF DISHONOR - From Notary
10.NOTICE OF SUBSTITUTION OF TRUSTEE

 

1.PREPARING YOUR PRIVATE CHECK

Some of you doing this process have already issued private checks on a closed account and may or may not know that you have used “private funds” to discharge the debt. Any and every time you have received an offer and you have “accepted” it by writing ACCEPTED FOR VALUE on the offer with your name, date and EIN (Employer Identification Number) you have used private funds. It does not matter what you have used, they ALL WORK, whether it is a Bill of Exchange, a Trade Acceptance, a Promissory Note, a Documentary Draft, a Sight Draft, or a check on a “closed account,” hereinafter “private check.” You could put your signature on a piece of toilet paper and your debtors would still have to accept YOUR method of payment pursuant to HJR 192, March 9, 1933.

Closed account. An account to which no further additions can be made on either side, but which remains still open for adjustment and set-off, which distinguishes it from an account stated” Black’s Law Dictionary, 6th Edition

Setoff. The equitable right to cancel or offset mutual debts or cross demands, commonly used by a bank in reducing a customer’s checking or other deposit account in satisfaction of a debt the customer owes the bank.

You are the bank in the above 2 terms and the “customer” is the debtor that you sent your check to. The reason the debtor is the customer is that they have ordered a block of credit from you and you have accepted their offer, so now they can use your credit (your exemption) and you can “offset mutual debts” with a set off and receive the product or service they offered you. Remember, they owe you interest on your credit they are using to buy ALL of the goods and services to manufacture or create the product you are buying. YOU HAVE ALREADY PAID FOR THE PRODUCT BEFORE YOU EVEN BUY IT!!!

The following is the procedure for setting up a “closed account” and preparing the private check;

a.Open a checking account at a local bank. If you already have one that you don’t use 
anymore, you can use this account.
b.Order a box of checks from the one you opened. Or order more checks from the one you already have.
c.When you get the checks, close the account.
d.If you have already filed a UCC-1 then file a UCC-3 addendum to include the routing and account numbers of the closed account. Also include the check numbers 1-10,000.

2.STATEMENT OF ACCOUNT.

Statement of Account. A report issued monthly or periodically by a bank or creditor (you) to a customer setting forth the amounts billed, credits given and balance due.

If you have already sent your private check to your customer to discharge a debt, you need to finish the accounting procedure with a Statement of Account.

If you are sending the check for the first time, you should send the statement of account WITH your check so the clock starts from the time you send it. The debtor has 14 days to respond to your statement or the statement stands as truth.

3.LETTER TO TIMOTHY F. GEITHNER

You must communicate your acceptance to the trustee of the US Bankruptcy, who currently is Timothy F. Geithner in order to keep track of the accounting. Do not send this package to “Secretary of the Treasury” as this is a fiction – not a private entity. Remember, you are operating in the private and you cannot see of deal with a fictitious entity or office.

a.When you get an offer (a bill, a statement, IRS bill, etc.) from your Debtor, take your stamp and stamp the bill ACCEPTED FOR VALUE and sign your name, date, and EIN number. Then make a copy of the bill that you have converted to a BILL OF EXCHANGE.
b.Write your check out like you normally would except in the memo section print the registered mailing number, and “EFT ONLY” (Electronic Funds Transfer). 
c.Fill out the STATEMENT OF ACCOUNT (SoA) and along with the CHECK and the original bill that is now a BILL OF EXCHANGE.
d.Make a letter of acceptance and send the package registered mail to Timothy F. Geithner, d.b.a. Secretary of Treasury.
e.Fill out a UCC-3 and list the private check, the Bill from the Debtor and SoA, and the letter to Timothy F. Geithner.

You will be preparing 3 packages as follows:

1. Timothy F. Geithner Package 2. Debtor/Dealer Package
a. Original letter to Mr. Timothy F. Geithner a. Original Private Check and SoA
b. Copy of Private Check and SoA b. Copy of Bill from Debtor
c. Copy of Bill from Debtor/Dealer c. Copy of letter to Mr. Timothy F. Geithner
d. Copy of UCC-3 d. Copy of UCC-3

3. UCC-3 Package 4. For your files
a. Original UCC-3 a. Original Bill from Debtor/Dealer
b. Copy of letter to Mr. Timothy F. Geithner b. Copy of Private Check and SoA
c. Copy of Private Check and SoA c. Copy of letter to Mr. Snow
d. Copy of Bill from Debtor/Dealer d. Copy of UCC-3

The reason why you are sending Timothy F. Geithner a package by registered mail is to “register” the transaction or your exemption. This Registered number is issued by the Treasury as this is considered part of the postage system which is “currency” such as stamps which is also issued by the Treasury. This same registered number will be put on your check and your UCC-3 and is now registered in the National Registry. Send the package by certified mail to the Debtor as your check will now be considered “certified funds.”

4.FINAL STATEMENT

After 14 days from sending out the Statement of Account and they either have not responded or they have sent a statement that does not acknowledge your statement, you will need to send them the follow up notice that will acknowledge their consent to your statement balance.

5.CONDITIONAL ACCEPTANCE

Even though most of the Closed Account Checks will be accepted, some will be dishonored. For those that are dishonored you will need to send a Conditional Acceptance to the Debtor because they are stepping outside of the United States Bankruptcy, which is a Criminal Offense. If the Debtor s attempt to call you, always, always, always get their first and last name, then tell them that you only do business in writing, not verbally over the phone. You want to know who you are doing business with because you may be taking their collateral.

6.NOTICE OF DEFAULT

After the 10 days send them a Notice of Default. This means total failure. This notice completes your court procedure as a sovereign in your nation that is foreign to the public venue. Now you will need to pursue this matter in the “public venue” in their legal proceedings, however it will not go into the courts you are familiar with. You must take this matter up with the SECRETARY OF STATE (Sam Reed for Washington) of the state you are in.

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

You are a foreign nation in their eyes, so you must go through the proper channels so that you can utilize the functions and duties of the Secretary of State – “general administration of the international affairs” and “attending the sovereign.” There are many “designees” of the Secretary of the state in the area you live, normally called Notary Publics. Find a private Notary Public that you can work with; OR create one by getting a friend to become a Notary who understands this procedure.

7.NOTICE OF DISHONOR – Notary Public

Now we will go through the process called a Notarial Protest, a very powerful process that will create a witness against the debtor 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…”

All notary publics are assigned a “commission” by the secretary of the state and deputized by the notary public of the Superior Court.

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.

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 Dishonor, Notice of Protest and Opportunity to Cure, and a Certificate of Dishonor. The first document is a Notice of Dishonor , 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 (sworn statement) and now the Notary is asking for the Offeror’s affidavit (sworn statement).

8.NOTICE OF PROTEST AND OPPORTUNITY TO CURE – Notary Public

This notice will allow an additional 10 days to give the debtor another chance to bring the evidence forth to support any claim that they may be professing.

9.CERTIFICATE OF DISHONOR – Notary Public

If in 10 days the Notary Public does not receive a response point for point by affidavit with documented evidence, the debtor, 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 the Second Notice, a Certificate of Dishonor. The Certificate of Dishonor is actually just as valid as a Default Judgment in a Superior Court.

10.NOTICE OF SUBSTITUTION OF TRUSTEE

You will then attach the Certificate of Dishonor with the letter the Debtor sent you evidencing dishonor to a NOTICE OF SUBSTITUTION OF TRUSTEE. This notice is to be sent to the Trustee of the UNITED STATES Bankruptcy so they can investigate why the debtor is unlawfully using your exemption and stepping outside the US Bankruptcy. If this third party (who represents you, the Creditor) does not wish to save the honor of the debtor (a sub-corporation or the U.S.), you will then put them into Involuntary Bankruptcy.

Information. An accusation in the nature of an indictment, from which it differs only in being presented by a competent public officer on his oath of office, instead of a grand jury on their oath. Black’s 4th edition

ACCEPTANCE SUPRA PROTEST (Acceptance for Honor). The acceptance or payment of a bill of exchange, after it has been dishonoured, by a person wishing to save the honour of the drawer or an endorser of the bill. Dictionary of Business, Oxford University Press, © Market House Books Ltd 1996

Supra Protest. In mercantile law. A term applied to an acceptance of a bill by a third person, after protest for nonacceptance by the drawee. Black’s 4th edition

After 10 days from mailing your information to the “proper authorities” and you have not received a response from anyone, you will then proceed with the involuntary bankruptcy liquidation. No response indicates that the “proper authorities” have given their consent to your bankruptcy proceedings and cannot come back and say this was not a “legal action.” There can be no recourse from them.

It is very important to note here the differentiation in viewpoint from what you may be used to. We normally “cry to the authorities” about “our rights that have been violated” and expect them to do something about it. Just take a look at that pathetic viewpoint for a second…… OK, long enough, don’t get too depressed. Allow me to clue you in, YOU ARE A CREDITOR! A Creditor or a Sovereign does not have “rights,” they have POWER!!!!!

When you send in the NOTICE OF SUBSTITUTION OF TRUSTEE, you are not “asking” or “begging,” or “requesting” the “authorities” to do their job and “take care of the matter.” NO! You as a Creditor are giving them the opportunity to save the debtor’s honor (in other words to save his ass!). You are letting them know that you are the Creditor of this bankruptcy and if they don’t handle this matter YOU WILL! This is an entirely different viewpoint than has been used before. You are finally acting like the Creditor that you are!

This completes the Dishonor process for a private check. The next process will be covered in a separate set of instructions. The next process is INVOLUNTARY BANKRUPTCY PROCEDURE, which was detailed in course 5 – POWER OF ACCEPTANCE

 

 

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