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This, That, and The Other Episode 12 TS-650096 Summary [http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=118140&cmd=tc] TS-650096ThisThatEpisode12.mp3 Mr.

EJ [country style of speaking] speaks about court procedures and title 42 Pu blic Health and Welfare. 1. When you send out your debt validation letters and QWRs, be sure to follo w up with an affidavit. They have to respond to an affidavit. You can use this a s evidence and report them to the proper authorities, the IRS being one of them. 2. When someone does not want to open up their books to show that they are the injured party, that is a problem. 3. We must all study contract law and trust law. 4. When we signed our mortgage papers and hired an attorney to represent us , we thought they were protecting our interest, the attorneys did not protect ou r interest. 5. Term, misappropriation of identity, is when someone takes your identity and uses it to their advantage to make tons of money. 6. Pay close attention to IRS Forms 1098 and 1099 filed at closing. [Form 1098 Mortgage Interest Statement Form 1099 Acquisition or Abandonment of Secured Property I think the lender files a Form 1099 at closing because we have abandoned the pro perty at closing.] 7. Form 3949 A Information Referral Form is a whistle blower form to compla in about tax fraud. If you have a fictitious party coming after you, and you kno w that you did not sign a contract with them, and they allege that you owe a deb t, you have every right to challenge them, if you write a debt validation letter and a QWR, and then follow up with an affidavit, and the party does not respond to the affidavit, you are building a legitimate for the IRS and Form 3949 A. Pr ior to going to court, file Form 3949 A to all parties who are claiming to be a real party of interest or the servicer or the trust or the attorneys and give th em an opportunity to respond. And let them know that if they do not respond, the y are going to be reported to the proper authorities. This Form 3949 A can be in serted into the court case to show the judge that you have reported this to the IRS with the exhibits and affidavits. 8. Form 211, Application for Award for Original Information allows you to apply for a reward if the parties are committing fraud. 9. Title 18, Crimes and Criminal Procedures, never became positive law beca use it was the Senate never voted on it so it was never properly ratified. [I think this was deliberate because the commericial crimes are considered priva te contracts.] 10. Title 18, Crimes and Criminal Procedures, is good against any employee of the federal government and has nothing to do with the general population. The y bring you in as a fiction and you dont know better and you try to represent (ch ange yourself into a fiction) and shoot yourself in the foot. 11. Title 28, Judicial Proceedings, is combined with Title 42, Public Health and Welfare. It has worked thousands of times. 12. Title 28 section 1331. [jurisdiction for civil actions] The district courts shall have original jurisdiction of all civil actions arisin g under the Constitution, laws, or treaties of the United States. 13. Title 28 Judiciary Proceedings section 1343 [to defraud by wires, radio or television in interstate or foreign commerce] Whoever, having devised or intending to devise any scheme or artifice to defraud , or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.

Mr. Clayton Cherry talks about securities and the Bloomberg Report. 1. A Bloombery report tracks the activity of a loan or mortgage or other se curity instrument. Clayton can provide a detailed report using screen shots alon g with an affidavit and an offer of providing expect witness appearance for cour t. 2. Clayton recommends that all recording at the county recorder be reviewed . [The mortgage is an interest in the property and is recorded on the property tit le. The mortgage is between two parties the borrower and the lender. In some states, the title is held by the lender with the lender giving most of the property rights to the borrower. In other states, the title is held by the borrower. The mortgage is called a security instrument. The foreclosure has to go through a court actio n. This is called a judicial foreclosure. With a deed of trust, a third party called a trustee holds the title to the prop erty. In a foreclosure, the trustee is allowed to sell the property and give the proceeds to the lender. The foreclosure does not have to go through a court act ion,although a specific procedure has to be followed. This is called a non-judic ial foreclosure. I think an assignment is a transfer of rights or interest in something. ] 3. Most mortgage agreements state that there is insurance if the loan defau lts. The insurance is not paid to you, but to the other party. If a house is val ued at $450k and the default insurance paid $300k, they can only go after you f or $150k. This is a big issue. 4. Usually a month after people are removed from the house, the property is liquidated out of the trust. Clayton uses the Bloomberg report is document when the property was liquidate out of the trust. [Liquidation means that a company or part of a company is ended and the assets and property of the company are redistributed to itscreditors. 5. Clayton can also document if a note continues to be traded even after t he property has been foreclosed. [This was the case with Rudi Thomsons foreclosur e. This is new and strong evidence that the foreclosing party was not an injured party.] 6. After a foreclosure, you can still demand your note. It is your property . This type of action is called enforcement of entitlement. If you dont demand it back, they continue to trade it on the secondary market. [A secondary market is a market where investors purchase securities from other i nvestors, rather than from the issuing companies themselves.] 7. In an Alabama case, Horace versus Lasalle Bank, there were irregularitie s with the assignment of the promissory note. The defendant, La Salle Bank, the trustee holding the plaintiffs securitized mortgage, did not have proof that the mortgage had been assigned to the trust, a Bear-Stearns-related mortgage trust. The promissory note contained only a single endorsement in blank. [An in blank end orsement of a financial instrument, such as a check, is only a signature, not in dicating the payee. It transforms an order instrument (pay to the order of payee) i nto a bearer instrument (pay to the bearer). http://www.housingwire.com/news/alabama-judge-denies-securitization-trustee-stan ding-foreclose] 8. In an Ohio case, Deutsche v. Holden, the court ruled that [I]n order to c onvey good title into the trust and provide the trust with both good title to th e collateral and income from the mortgages, each transfer in this process requir ed particular steps. Most PSAs are governed by New York law and create trusts go verned by New York law. PSAs generally require that the loans transferred to the trust not be in default. [www.msfraud.org/law/lounge/deutsche-v-holden.pdf] 9. Clayton had told one person that their mortgage was transferred to a pri vate trust and that Clayton could not find any information on the mortgage. Cla yton responded that he is expanding his work on Bloomberg reports to include CUS IPs number associated with private trusts, limited trusts, criminal cases, and t raffice cases. This work is requiring more study and more time. 10. Clayton 630-768-8383

Mr. J talks about the importance of having fun and improving our averages. 1. A home owners association contract will be reviewed by an administrative court. It is all according to the rules of the contract. If it is a bad busines s deal for you there is no law that says you have to sign the contract. 2. The home owners association needs to be 100% compliant with the contract. If not, the home owners association has no authority. 3. It is an administrative court. It is all according to the contract. It i s all according to the rules. The guy with the black dress is merely a glorified notary republic. He is a clerk with a black dress. He has no judicial power. 4. After an eviction, you want to open the case under FRCP 60 to void the j udgment. There is new evidence that was not available previously. Banking is fed eral. You want to bring out fraud in your pleadings. All state case bankruptcies will be voided. You have new evidence that they did not have the contract. You did not know this until 20 minutes ago. Once fraud is discovered, there is a lim it on the time for you to act. There is no limit on the dicscovery of fraud. 5. The more arrows in your quivers (knowledge), the less opponents you will have. notaxman 1. Post-foreclosure means that the property has been taken. Since they got the property, they should return the note. You have to demand the note. Get Howa rd Griswold to help you file a breach of fiduciary duty against them for refusin g to return the value of the signature. They dont really want the note, they want your signature. Tell them to give it back or pay you off. Tell them to return y our property or you will sue. Howard Griswold has case after case regarding this matter. Dave Donovan filed a prose case to the Supreme Court. It was against t he US Army Corps of Engineers. The court refused to recertify. They refused to b e redundant. A certiorari refers to an order by a higher court to a lower court to produce the case records for review. Howard Griswold worked with Dave Donovan on this case. [I could not find the referenced case, but it appear that Dave Do nvan lost on in a similar issue, United States v. Donovan, 661 F.3d 174 (3d Cir. 2011).] 2. Contract law is fundamental. There are three elements required to enforc e a contract. In persona, venue and subject matter (e.g. contract of insurance). T he proof of this is then when you are pulled over, giving the drivers license gra nts in personma jurisdiction, giving the registration grants venue jurisdiction, a nd giving the insurance contract card gives subject matter jurisdiction. Then, t he cop knows he has authority to regulate and may write a ticket for an infracti on. He can not write a ticket until he has those three items. 3. Howard Griswold says to not consent. Put the documents face down on the dashboard and say I am not authorized to give these documents to you. The cop coul d not prove that he was authorized to take them. There was no ticket. 4. Demand that they prove they have in personma, venue, and subject matter jurisdiction. They can not proceed with their presumptions if you dont give them evidence. 5. Affidavits are critical. Affidavits should be filed in the public record . Web References: www.escapeharassment.com www.peoples-rights.com setoffdebt.com by Fred and Nina (check on youtube, have heard they are not good ) whatliesinyourdebt.com (subscription, file lawsuits over FCRPA Fair Credit Repor ting Act)

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