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  Download this recording at Talkshoe.com Dallas Debt Discussion January 3, 2011 [Host Da!e ack, #uests Jean $eating and %hris &ummers' [added comments(hard to hear and(or assumed words in brackets'1)3)11$eating*%hris&ummers.doc1+2 %hris &ummers - e!erybody is interested in the adverse possession  consideration i you go to your Corpus Juris Secundum  and look under ad!erse /ossessions its about 20 /ages long you are going to be loored with what youll learn es/ecially around abatement, abandonment and your considerations as a /erson that is wanting to /ut a claim in on /ro/erty that has been considered within the county. J$ -!e has a /ro/erty or 3 years under ad!erse /ossession. d!erse /ossession alls under !olume 2 * 3 mostly in 2 under. The /arts that - really enoyed is when it goes into stipulations of abandonment  and cestui que account , and the cestui 4ue act o 1555...J$ 6hen you register a deed youre transerring...youre doing an alienation o right, title and interest o the /ro/erty by donation. 10 -t has to do with escheat. - theres no heir or beneiciary the /ro/erty re!erts back to the state. %& ...nobody claimed their cestui 4ue account at age 1 so what ha//ened is, the /resum/tion o /ublic /olicy is, that the state became the escheatment e7ecutor under /resum/tion. J$8 t 2203 i theres no e7ecutor or administrator a//ointed then anybody who has actual or constructi!e custody o the estate /ro/erty is the administrator or the e7ecutor. Thats why all these counties ha!e an administrator, a//ointed, or that !ery /ur/ose. Thats why the udge says you are incom/etent because you ha!e not identiied yoursel the beneiciary. 9ou ha!ent identiied yoursel as the heir or beneiciary to the estate. 6hat they do with a constructi!e trust in e4uity they make the /lainti the beneiciary and they make you the trustee. They do this without you e!en knowing what theyre doing. Thats how they get restitution. - you go get !olume one /ut out by merican :aw -nstitute. -ts called restatement o the law and restitution. Theres 10 /ages in there on constructive trusts .  udge does a constructi!e trust in e4uity to gi!e restitution, reimbursement to the /lainti. - did a trust on a udge..you can do this orally..i you read the Uniform Trust Code of 2005  you can a//oint a udge as a trustee and a iduciary, a iduciary trustee, orally. 210 nd i you read 252 o Title 25 it says any arrangement that has the eect o a trust is a trust whether its called a trust or not. &o e!ery time you go into court theyre orming a trust. %& nd guess what; - you go to Am.Jur. 2d 63 C at pae 2! it spells it out ri#t directl$ out of t#e volume !6%s Statutes at &are' it sa$s t#at all public officials  ri#t do(n to t#e arbae man are trustees to execute the closure of the public debt and t#at an$ issues t#at is brou#t to t#em b$ t#e private sector for t#em t o execute the closure of anything  .  - they ail to e7ecute that they will be held res/onsible or not e7ecuting their oath and them being a Trustee to the bankru/tcy. 2205 -ts gonna knock your socks o.J$ 6hat was the subect matter o that;%& That was under <iduciary obligations o /ublic oicials and it came out of a case t#at set precedence in reards to t#e )*S settling and closing out debt    and that was structured to appoint t#e )*S as a public official under t#e ban+ruptc$ act alon (it# t#e Comptroller ,of t#e Currenc$- to execute the closure of public debts  it ust #ad t#e initiation to ma+e t#em t#e Trustee of an$bod$ submitting their bills to the IRS  ' and that was the case that set the  /recedence and the m Jur and the law o the land. J$ Do you ha!e the name o the case;%& =o, but i you ust /ut m Jur 53% section 2+>, thats 2D by the way, i you /ut that in there you are going to come u/ with some o the iduciary obligations the -?& along with a whole bunch o case law that ollows that set /recedence. nd that should be used in e!ery case@ Traic tickets, anything. - you /ut that m Jur 53% 2D at 2+> that makes any /ublic oicial obligated to work on your behal without being your attorney, but t#e$ #ave a fiduciar$ obliation to close the ,$our-    public debt at $our request or demand . 2+0+ J$ 9ou ha!e total control.%& bsolutely, and i you want to use t#at 2/ USC 36 if t#e$ fail to e1ecute as $ou prescribe t#em to do on $our be#alf to close out public debt in reards to $ou and $our estate t#en $ou do a petition to compel t#em as a public official and if t#e$ fail to do t#at' no( t#e$ #ave created eit#er treason andor defraud of t#e United States and t#e constitution  and what the intent o the legislation set orth. 2++ -m telling you we are getting so close to lock stock and  barrel to get this thing down right, that i these guys dont start beha!ing they re gonna be in the same boat with these  bankers and theyre gonna show on record that they are in collusion to su//ort commerce and they disregarded and they sto//ed re/resenting the /eo/le and we cant /ut u/ with that not as merican /eo/le or a ci!iliAation at all. 21BJ$ none o the ederal udges ha!e oaths.%& right now we ha!e 1 hits o enactments by %ongress that has taken our country and all /ublic oicials and all /ublic oices and ha!e transerred the authoriAation and the urisdiction under the Cnited =ations under -nternational :aw and under the ?econstruction ct o 15 we are under military law and has not been rescinded and thereore all /ublic oices are running as a military commercial enter/rise [risk' under the CC [Cni!ersal ostal Cnion'.  J$ 9eah, its all under what they call Cnidroit. %& ...we are so ar behind with what is really ha//ening in this world...J$ The order o Jesuits own the %atholic church, the Eatican and the Cnited =ations and the entagon. dmiralty maritime law all came rom ecclesiastical law. 277D  Deny the signature [on the romissory =ote'.J$ 31 - /ulled the F /ros/ectus which /ro!es youre dealing in an in!estment contract not a mortgage loan.- challenged the authenticity o the signature. - you dont, under 3)30, challenge the authenticity o the signature its admitted. D &ilence is ac4uiescence.J$ Two things they ha!e to /ro!e to oreclose. That theyre holder o the note, holder in due course and /ro!e you signed the instrument. *ead eople v 4artine' $ou can den$ t#e sinature as a forer$. ecause if $ou obtain a sinature t#rou# misrepresentation its a forer$ . Fest e!idence rule, in <?% its 1101 and 1201 it says co/ies are admissible unless the authenticity or !alidity o the document or the signature is brought into issue. Cnder the best e!idence rule they ha!e to /roduce the srcinal document. D  nd youre not ust doing that when you tell them - want to see the wet ink signature note, correct;J$ Title 15 section +33.2 deenses and claims, it uses the admonition o...- can read it to you..it talks about a buyer and a seller. -t doesnt talk about a debtor and a creditor. sk yoursel8 6hy would they take a commercial document thats su//osed to be a mortgage loan and /ut it under Title 15, which is the <ederal Trade %ommission; ll creditor law is under Title 12. 6hen - read this to you youll understand what theyre getting away with because nobody knows this. =obodys  bringing it u/. G!erybody is asking or the note but s#ould be as+in for t#e loan application . D  They were monetiAing the a//lication and not e!en making the loan. 7ver$ application...ever$ t#in $ou put $our sinature on is bein monetied . 6hether youre a//lying or a ishing license or a hunting license, doesnt matter, its  being monetiAed.J$ That goes along with Title 12 section 113 :1 says. Did you know that accounts are money and cash; D  That title 15 youre talking about they ha!e intentionally let that !erbiage out o there where they cannot be the holder in due course, correct; J$ -t talks about commercial /ractices. -ts the ederal trade commission. +177 %& <oreclosures are not /art o the ordinances in the county. The srcinal urisdiction o land issues is with the :and %ommissioner o the state which is under the F: . That any issue about your /ro/erty or your estate and or your land has to be taken u/ under an administrati!e hearing under the :and %ommissioner o the state not the su/erior court o the state. This is a big mistake. They misconstrue it. They are misleading you. 9ou need to take these issues u/ either at the Human ?ights %ommissioner o the %ounty [where' theres no ordinance that allows any kind o a oreclosure and(or the :and %ommissioner or the state. J$ 9ou know what brings that back to the administrati!e le!el;  write o mandamus. +2 %& There you go. Hes /retty shar/ guys, - want you to know that. J$ 9ou know whos bringing the claim; -ts not the lender. +00 J$ 6hat it talks about is claims and deenses that a buyer can assert against a seller. 6hy would they say to you that there is a buyer seller relationshi/ on a mortgage loan; This is credit a//lication mind you not a mortgage loan. This is talking about a buyer seller relationshi/ under rticle 2. 6ell, i they take it subect to your deenses and claims then they cant be a Holder -n Due %ourse and how can they be a H-D% i theyre not a creditor; This /ro!es that youre dealing in a in!estment contract not a mortgage loan. nd the reason they ile a 10BB  as abandoned /ro/erty is because you ne!er claimed the security. Heres +33.2I Heres the notice8 ny holder o this consumer credit contract is subect to all claims and deense which the debtor could assert against the seller o goods or ser!ices obtain /ursuant hereto or with /roceeds hereo. ?eco!ering here under by the debtor shall not e7ceed amounts /aid by the debtor under. &o what you ha!e is a buyer seller relationshi/. 6ell what did you sell; 9ou sold a security. - you read Title 1, i you a//ly the rule o statutory construction called -nclusio uno est alterus e7clusio the inclusion o one is the e7clusion o anotherI it means i its included in a deinition o a security its e7cluded rom the deinition o a note. Thats a rule o statutory construction. +77 0+1 - you read Title 1 section > %  10 it says - its included in the deinition o a security it is e7cluded rom the deinition o a note. 6ell i youre not dealing with a note youre not dealing with a mortgage loan, youre dealing with an in!estment contract. Title 1 section >>  1 says all securities are in!estment contracts. 6here you got a note with a maturity o 30 years. Thats more than B months. nd it e7cludes notes with maturities o B months or less. -ts e7cluded rom the deinition o a security, its included in the deinition o a note. - its e7cluded rom the deinition o a note, its included in the deinition o a security. 9ou are dealing with an in!estment contract by statutory construction. 1+3  9ou should be asking them are you talking about a note or are you talking about a security. nd -m making a claim. Theres where your deenses and claims come in. 6hat does it say in 3)30 and 3)305 you ha!e a right to recou/ement.?ecou/ement means a claim. 6hat is your claim; ?ead 3)305 it says you ha!e a /ossessionary right and a /ro/erty right in the instrument and its /roceeds and you ha!e a right to rescind negotiation o the instrument. Hoe many o you ha!e e!er rescinded negotiation o the instrument; 23D  eo/le usually ha!e a tendency to rescind their ower o ttorney or /ower o sale. J$ 6ell negotiation means indorsement. - you rescind a negotiation the note is worthless. [Then' they cant sell it.nd what i you regained the debt; Dont they ha!e to gi!e you the note back; 3+> - you read your Deeds  Trust today it says they ha!e the right to transer and sell the note as many times as they want without notiying you o that. :ets say they sell the note to somebody else. How are you going to get redem/tion...how are you going to redeem and get the note back ater you redeem it, i they sold the note to somebody else; 8#at t#e$%ve done is called cloin. )t e1tinuis#es $our ri#t to $our equit$ of redemption. 9ou cannot redeem t#e debt if t#ere is a cloin provision in t#e instrument t#at creates t#e debt. And t#e$ cannot do t#at. T#e$ cannot #ave a cloin provision in a deed of trust.   And t#e$ cannot #ave a confessed udment. 9ou%ve ot a confessed udment under a po(er of sale. 8#en it oes into default' t#at%s (#$ t#e$ do t#ese non udicial foreclosures. T#e$ can sell $our propert$ (it#out a court order. And (#at t#at is' is a (arrant of attorne$. D  Thats what they do under the =a/oleonic %ode in :ouisiana.J$ 9eah, there has to be a bond in /lace to indemniy the warrant o attorney because youre dealing in a conessed  udgment. -n %aliornia $ou cannot #ave a confessed udment in a instrument (it#out t#e sinature of t#e debtor' borro(er and also a attorne$ #as to s(ear t#at #e advised t#e borro(er of t#e confessed udment and t#at #e ac+no(ledes t#e same and $ou #ave to file t#is into t#e court record. 3:3! of t#e California Civil Code. And allot#er states #ave similar statutes and most of t#em pro#ibit confessed udments (#ic# is (#at $ou call a coniant note . &o they can go to udgment without e!en getting a court order. ?ead your Deed o Trust because most o them say i theres any o!ergee or i theres money due at maturity you can /ay it at maturity. -t says that in the DT. >+0 T#e securit$ is not in default until maturit$ ,30 $ears-. )n ever$ deed of trust )ve read it sa$s if t#ere%s an$ amount due at maturit$ it can be paid at maturit$. 8ell if t#e$ foreclose and sell t#e propert$ #o( can $ou pa$ mone$ due at maturit$ if t#e$%ve sold t#e propert$ and t#e note; D  6ell that should be another deense against it shouldnt it;J$ 6ell yeah, these are all things that /eo/le are not raising because theyre not aware o them. - told them8 - signed an in!estment contract, wheres my /roceeds;D  Theres another /art that /lays into this in the atriot ct, orcing them to show the source o the unds. +J$ itchel &tein attorney in &an Diego county has 2,000 /laintis suing Fank o merica and %ountrywide. He did a motion or disco!ery to ha!e the /lainti re!eal the source o the unds under the atriot ct. nd the udge ordered them ...and hes coming out with a +TH amended com/laint which - am going to get a co/y o. - already did the research. - went in and /ulled t#e atriot Act and its called t#e an+ Secrec$ Act (#ic# is under Title 3 section 53  e/ seek [;'. nd the Treasury regulations go!erning the Fank &ecrecy ct are at 31 %<? %ode o <ederal ?egulations section 101.31. nd they ha!e to disclose to you where the unds are coming rom. nd one o the analogies the udge used was what i the unds came rom the Taliban; &o he ordered them to show where the unds came rom. 9ou want to remember all these courts are under the 6ar owers ct. ny time you ha!e a declaration o emergency theyre under the 6ar owers ct which this guy..- dont know who he as but hes !ery well inormed. He says that theyre enorcing the bankru/tcy. 6hich  brings u/ another issue. - you go back to 1055 under the =orman %on4uest when the Duke o =ormandy, it was <rance con4uered Gngland they /ut e!ery body under eudalism the doctrine o con4uest and thats when they stated using Deeds o Trust. nd thats where the Doctrine o ortmain came rom, which means dead hand. nd thats where mortgage comes rom meaning dead /ledge. Heres what this srcinally a//lied to. Cnder the Doctrine o ortmain when you ha!e a dead hand that means you are ci!illy dead. -t has to do with ci!il death. nd alienation has to do with mortmain. 9ou cant own  /ro/erty under alienation or mortmain. riginally the crown a//lied it to ecclesiastical cor/orations and then they started a//lying it to cor/orations and thats when the attorneys got their dander in an u/roar. nd so the king /assed legislation gi!ing them...thats where charitable trusts came rom. &o they /ut /ro/erty in charitable trusts so they could hold it in  /er/etuity. Thats why all your states ha!e ado/ted the rule against /er/etuities. nd the reason or the rule against  /er/etuity is the Doctrine o Gscheats. 6hen the /ro/erty escheats back to the state and it does i its abandoned and what you!e done by recording the deed is you!e abandoned all right, title and ownershi/ in the /ro/erty. #o read your Deed o Trust. The borrower hereby transers all right, title and interest in the below described /ro/erty to the lender. =ow go read the instruction booklet on the 10BB  and the 10BB %. -t says abandonment occurs when the right, title and ownershi/ is transerred to the lender. 6hen is it transerred to the lender; t closing. 9ou did a /ur/oseul relin4uishment and wai!er o right, title and interest to the /ro/erty at closing..D  t the time that you think youre buying the /ro/erty. J$ ..when you borrow the /ro/erty. T#at%s (#$ its an unconscionable contract . 9ou abandoned all right, title and interestin the /ro/erty to the lender@ nd t#e$ don%t ive $ou t#e 0<< A and t#e$%re required to do t#at . They gi!e it to you  ater they!e oreclosed on the /ro/erty. ter its already in deault and they!e engineered this whole thing. They can tell you the month and year its gonna end u/ in deault cause they accelerate..when they securitiAe these loans. 9ou!e got about+ dierent /eo/le you!e lent the note to and t#e$%re usin t#e securit$ and t#e$%re all dra(in mone$ off of it  that accelerates the /rinci/al and interest. 505 &o you end u/ in deault. 9our /ayments kee/ going u/. [ ' under a /ooling andser!icing agreement to which youre not e!en a /arty. D  nd its standard /rocedure to ha!e you sign 3 to + co/ies o the note. J$ 9eah, they sell the note but they dont transer it. -ts coming out now that, es/ecially %ountrywide, one o the women em/loyees that handles all the transers o notes says we ne!er transerred any notes. D  &o they!e derauded the in!estors. J$ nd =eil #arield go to his web site, t#e$ put all t#e investors in place before t#ere (as ever a mortae loan. =oesn%t t#at tell $ou t#at its an investment contract and not a mortae loan;  That they use the mortgage loans as a smokescreen to co!er u/ the act that its an in!estment contract in!ol!ing mortgage backed securities. nd t #e proof of it ist#at $our note is a securit$ (it# a maturit$ of more t#an < mont#s  and its e7cluded rom the deinition o a note by statutory construction. -!e got all the case law on this. ll mortgage notes are non)negotiable instruments. How can there bea loan on a non)negotiable instrument; 5>13D  Jean and - are working on an outline o all this ino. 6<>11 J?> T#e$%re ma+in $ou liable on t#e oolin and Servicin Areement to (#ic# $ou are not a part$. T#is is (#ere t#e statute of frauds comes into pla$ . -n %aliornia its under 152+. -n the Cniorm %ommercial %ode its 2)201. nd the &tatues o <raud says i its not memorialiAed or subscribed to by the borrower they cant make him liable. Thats where your mortgage /ayments are going, to the in!estors. nd thats why when they oreclose on you..thats why in %aliornia they /assed 2B23.5 where they do a loan modiication on the in!estment contract to a//ease the in!estors. >023 6ell theyre holding you liable on an in!estment contract to which youre not a /arty and t#e statute of fraud is evidentiar$. )f $ou don%t raise it $ou (aive it . - you dont raise the statute o raud at the trial court le!el you wai!e it. Thats why youre not winning in court. 9oure wai!ing all your remedies. Cnder 3)10 youre the issuer o the irst unds transer. The drawer and the maker is. Doesnt that make you the issuer; Doesnt that make it an -D; nd isnt it a security; Fy e7clusion. G7clusion rom the deinition o the note. nd isnt it a security by statutory construction; nd werent you the issuer as the drawer and the maker; Damn right you were. &o dont you ha!e an ad!erse claim under rticle . rent all securities go!erned by rticle ; nd dont you ha!e an ad!erse claim and a /ossessionary right in the  /roceeds; 6hy ha!ent you brought that u/; 6heres my damn money; >13>200 /ens or 4uestions8 How are /rison bonds related in this matter;J$ -ts a ta7 issue cause you made a donation. #o read whos liable on a donation. The donor is. The bank ne!er makes an a//earance in court. D  6hat do you do when the court ignores them;J$ &ay - obect under rule 501. -ncom/etency to testiy. Theyre testiying on behal o the decedent. Thats hearsay thats rule 01. Theyre incom/etent to testiy on behal o a dead /erson rule 501. 9ou do a motion to strike their testimony  because its hearsay. nd doesnt the court ha!e a suis /onte [;' 9ou ha!e 2 issues here. 9ou ha!e standing under rticle 3 section 2 and you ha!e real /arty in interest. The real /arty in interest has to come into court and gi!e [ ' and under rule 1B o the <ederal ?ules o %i!il rocedure. -ts called oinder. nd rule 1B works with rule 1>. nd because youre in an in!estment contract you ha!e to enoin the in!estors to the real /arties in interest under rule 1B. 9ou need to read the  bankru/tcy case Gnry Kuang. Just ty/e in8 3B5 F? >>?e4uired Joinder To arty8  /erson subect to ser!ice or /rocess whos a oinder will not de/ri!e the court o subect matter [ ' must be oined as a /arty i in that /ersons absence the court cannot accord com/lete relie on [money;' e7isting /arty.#o read it, go read rule 1B. [he reads the rest o rule 1B' and nobody brings this u/.%aller &o bonds are securities...J$ 9ou ha!e a right to a..but $ou ot to file a claim. All securities are overned b$ Article /. @o( do $ou file...o read (#at an adverse claim is. 9ou #ave a securit$ entitlement ri#t. 9ou%re an entitlement #older. 9ou #ave to (rite a letter...do $ou +no( (#o t#e bro+er is; Attorne$s %aller Thats what %owboy, uh, ?ussel Dean [:antern;' is bringing u/ that they were the entitlement holders and whoosh, they cut o all communications.J$ T#at%s because $ou #ave a defense and a claim in recoupement for t#e proceeds in t#e investment contract because $ou (ere t#e issuer t#at%s (#$ $ou need to file a 0<< B)= into t#e court record. Tell t#e ude )f $ou don%t ma+e t#em ive me m$ proceeds and $ou do a ta1able termination in m$ interest in t#e propert$ )%m oin to file a 0<< B)= s#o(in t#e court and $ou as t#e recipient of t#e fund and )%m oin to file a 0<6 and a 0!0 form s#o(in t#e court as t#e recipient of ta1able income.  How do you like me now. 12+ Heres Cnited &tates District %ourt o =e!ada ! G!y 6ang[;' right on the internet. %aller8 How do - get my land out o the county records; J$ <ire the Trustee i.e., the register or recorder o deeds. <ire him. Send #im a letter as t#e @older of t#e o(er of
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