Legal nonsense, OCD style

[Demosthenes]

Here is the schedule of what I sent. While this was what I done, we may not be in concert with what Gordon Hall, etc. does; I am hoping I can get some support for it or at least some insight to what went wrong.

We we put out of our home on 8/11/10.

Foreclosure Elimination Steps and Mailing Schedule
(Keep originals – Mail copies.)
STEP 1
1A – Notice of International Commercial Claim Within the Admiralty ab initio Administrative Remedy
1B – Accept for Value
1C – Bonded Promissory Note
1D – Commercial Affidavit of Truth
1E – Affidavit of Mailing
Day 1: File 1D in County Recorder’s Office. Make copy of filed 1D.
STEP 9a
Prepare caption for 1D.

Day 1: Open case in District Court by filing the filed copy of 1D. Get case number to put on 6B and other captions.

Day 1: Mail 1A, 1B, 1C, copy of filed 1D and 1E (Registered Mail to CEO of Bank / Certified Mail to county officials).

1F – Qualified Written Request, Complaint, Dispute of Debt & Validation of Debt Letter, FOIA Request, Signature Revocation, and Affidavit

Day 3: Mail 1F (Certified Mail to Bank).


Day 8: Set up Family Revocable Living Trust (for Step 3).

Day 10: Take Inventory of Personal Property (for Step .


STEP 2
2A – Notice of Dishonor and Assent, Fault and Opportunity to Cure
2B – Affidavit of Mailing

Day 15: Mail 2A and 2B (Registered Mail to CEO of Bank / Certified Mail to county officials)

2C – Private Discharging and Indemnity Bond
2D – Durable Specific Power of Attorney

Day 17: Mail 2C (Registered Mail to Secretary of U.S. Treasury)
Mail 2D (Certified Mail to CEO of Bank)


STEP 3
3A – Notice of Fault and Assent by Non-Response
3B – Certificate of Default and Assent by Non-Response
3C – Good Faith Statement of Account
3D – True Bill and Demand for Payment
3E – Affidavit of Mailing

Day 22: Mail 3A, 3B, 3C, 3D and 3E (Registered Mail to CEO of Bank / Certified Mail to county officials)

3F – Quitclaim Deed
3G – Attachment/Exhibit A (to Quitclaim Deed)

Day 24: Record 3F and 3G at County Courthouse


STEP 4
4A – Second True Bill and Demand for Payment
4B – Affidavit of Mailing

Day 29: Mail 4A and 4B (Registered Mail to CEO of Bank / Certified Mail to county officials)

4C – Notice of Right to Cancel
4D – Notice of Removal

Day 31: Mail 4C (Certified Mail to Bank)
Mail 4D (Certified Mail to Bank and Bank’s Attorneys)


STEP 5
5A – Final True Bill and Demand for Payment
5B – Affidavit of Mailing

Day 36: Mail 5A and 5B (Registered Mail to CEO of Bank / Certified Mail to county officials)

5C – Notice of Revocation of Power of Attorney

Day 38: Mail 5C (Certified Mail to Bank)


STEP 6
6A – Notarial Protest and Notice of Administrative Judgment
6B – Affidavit of Obligation / Commercial Lien
6C – Affidavit of Mailing

Day 43: Mail 6A and 6C (Registered Mail to CEO of Bank / Certified Mail to county officials)
Mail 6B (Certified Mail to Bank and CEO of Bank)

STEP 8
8A – UCC-1
8B – Collateral for UCC-1

Day 43: Mail 8A and 8B with copies of 6A, 6B, 6C and Inventory of Personal Property to Kentucky (Certified Mail)

STEP 9b
Prepare captions for the following documents: 1A, 1E, 1F, 2A, 2B, 2D, 3A, 3B, 3C, 3D, 3E, 4A, 4B, 4C, 4D, 5A, 5B, 5C, 6A. 6B, 6C

Day 43: File prepared documents in District Court
(Note: Do not caption or file 1B, 1C, 2C, 3F, 3G with District Court.)

STEP 7
Day 45: Get Apostilles and prepare Apostille Scans for Documents 6A, 6B and 6C
Day 45: Set up Irrevocable Trust (for Step10)


STEP 10
10A – Full Satisfaction of Recorded Lien
10B – Deed of Reconveyance
10C – Warranty Deed

Day 50 (or as soon as you receive the documents back from Kentucky): Record received documents from Kentucky at County Courthouse.
Day 50: Have 10A, 10B and 10C recorded at County Courthouse.

[Dr. Caligari]

Where did this stupidity come from?

[Demosthenes]

It was posted on the Creditors-in-Commerce listserv by a sovrun name Howard A. Graber.

[Dr. Caligari]

It sounds like someone took every list of "sovrun" nonsense "remedies," from DMVP to Dorean Group, and combined them all. But guess what-- there's still no pony under there.

[Judge Roy Bean]

Day 10: Take Inventory of Personal Property ...

Well, out of all that, there is at least one piece of practical advice. I suggest everyone do that from time to time for insurance purposes. I really don't think the day matters.

[grixit]

We we put out of our home on 8/11/10.

No you weren't. You executed a conveyance to an irrevocable trust, remember? That means that the place was no longer yours, you were merely tenants of the trust. And the new owner has evicted you.

[notorial dissent]

This is just another variation of the Gordon Hall, etc crowd of magic documents that will stop a foreclosure scam. There are several versions of this, all built around the same silliness that you can throw magic documents at the foreclosure process and make it stop, the whole

1A – Notice of International Commercial Claim Within the Admiralty ab initio Administrative Remedy
1B – Accept for Value
1C – Bonded Promissory Note
1D – Commercial Affidavit of Truth

schtick, like any of those worthless pieces of paper are going to do anything. For some reason the “Commercial Affidavit of Truth” seems to be the big thing right now, like this particular work of fiction has any significance in a legal action.

And, as the good Dr. points out, it is of the same stripe as Merrill’s and the THE DOREAN GROUP’s collection of paper nonsense, designed to impress the desperate and bewildered, and quite literally not worth the paper it is printed on.

[Gregg]

I happen to have a sure fire, no court can argue with it, absolutely flawless plan to avoid foreclosure...

Pre-Mortgage Elimination: get a job, save a down payment, pick a house, get a mortgage, move in, start saving to have a few payments banked for a rainy day

Day 30: make the mortgage payment, toss in an extra hundred if you can

Repeat day 30 every month for 10-15-30 years depending on your contract terms, and tossing in the extra benjamin every month will take a lot of time off how long you have to do it.

Final step: Make the last payment, wait for the bank to mail you your "original wet ink signature note" and toss said note in the fireplace. Some people have a little party to do this.


Works every time.

Now, someone owes me $1000 for the program!

[bmielke]

Day 43: Mail 8A and 8B with copies of 6A, 6B, 6C and Inventory of Personal Property to Kentucky (Certified Mail)

Day 50 (or as soon as you receive the documents back from Kentucky): Record received documents from Kentucky at County Courthouse.

Ok, I know this is nonsense, but who are you supposed to mail this crap to in Kentucky? What exactly are they supposed to do with it? Why would you get it back? This part makes the least sense of the entire system.

By the way Gregg I like your plan, but I wouldn't pay you for it unless you get a patent on it. Sorry.

[bmielke]

I think I know what he did wrong, he skipped step 7 and moved step 9a up before step 2.

[The Observer]

I think I know what he did wrong, he skipped step 7 and moved step 9a up before step 2.

Yes but you are overlooking the fact that this fell on a Tuesday and you are supposed to skip step 7 on Tuesdays - unless it was raining, then you also have to move step 6 to step 3. Where he went wrong was that he was to move 9b, not 9a, up to step 2. But again, if it was raining, then you would need to ensure that step 6 gets executed first. However, all of that has to go by the wayside, if step 6 isn't required due to him not getting a certified copy back from the recorder's office for the documents in step 5 and he would have to do all of the odd-numbered steps on Tuesday and the even-numbered steps on the next occurrence of the ides of a month. But if a solar or lunar eclipse is scheduled to occur during that particular month as well, then you have to reverse the process and start over at step 1 the following month.

[The Operative]

I think I know what he did wrong, he skipped step 7 and moved step 9a up before step 2.

Yes but you are overlooking the fact that this fell on a Tuesday and you are supposed to skip step 7 on Tuesdays - unless it was raining, then you also have to move step 6 to step 3. Where he went wrong was that he was to move 9b, not 9a, up to step 2. But again, if it was raining, then you would need to ensure that step 6 gets executed first. However, all of that has to go by the wayside, if step 6 isn't required due to him not getting a certified copy back from the recorder's office for the documents in step 5 and he would have to do all of the odd-numbered steps on Tuesday and the even-numbered steps on the next occurrence of the ides of a month. But if a solar or lunar eclipse is scheduled to occur during that particular month as well, then you have to reverse the process and start over at step 1 the following month.

You also forgot that it will only work when there is a tropical storm or hurricane named Hazel in the North Atlantic.

[bmielke]

I think I know what he did wrong, he skipped step 7 and moved step 9a up before step 2.

Yes but you are overlooking the fact that this fell on a Tuesday and you are supposed to skip step 7 on Tuesdays - unless it was raining, then you also have to move step 6 to step 3. Where he went wrong was that he was to move 9b, not 9a, up to step 2. But again, if it was raining, then you would need to ensure that step 6 gets executed first. However, all of that has to go by the wayside, if step 6 isn't required due to him not getting a certified copy back from the recorder's office for the documents in step 5 and he would have to do all of the odd-numbered steps on Tuesday and the even-numbered steps on the next occurrence of the ides of a month. But if a solar or lunar eclipse is scheduled to occur during that particular month as well, then you have to reverse the process and start over at step 1 the following month.

That is so easy to understand an follow, I'm going to go out and do it right now !

[Brandybuck]

Day 30: make the mortgage payment, toss in an extra hundred if you can

Haven't you heard of HAMP? Making a mortgage payment is a direct insult to all those kind but financially disadvantaged people who were exploited by evil (and probably Republican) realtors and banks.

[bmielke]

Day 30: make the mortgage payment, toss in an extra hundred if you can

Haven't you heard of HAMP? Making a mortgage payment is a direct insult to all those kind but financially disadvantaged people who were exploited by evil (and probably Republican) realtors and banks.

I am pretty sure if you get a home loan and then immediately stop paying it that is mortgage fraud. Doesn't HAMP require a change in circumstances before you can modify the loan?

[Gregg]

I think I know what he did wrong, he skipped step 7 and moved step 9a up before step 2.

Yes but you are overlooking the fact that this fell on a Tuesday and you are supposed to skip step 7 on Tuesdays - unless it was raining, then you also have to move step 6 to step 3. Where he went wrong was that he was to move 9b, not 9a, up to step 2. But again, if it was raining, then you would need to ensure that step 6 gets executed first. However, all of that has to go by the wayside, if step 6 isn't required due to him not getting a certified copy back from the recorder's office for the documents in step 5 and he would have to do all of the odd-numbered steps on Tuesday and the even-numbered steps on the next occurrence of the ides of a month. But if a solar or lunar eclipse is scheduled to occur during that particular month as well, then you have to reverse the process and start over at step 1 the following month.

Well, that's not always right. It is the correct procedure if it's raining WHERE THE HOUSE IS LOCATED, but if it's not raining at the house, and it IS raining at the County Courthouse, you have to use the much more complicated "Keven Trudeau Drinking Game Rules" version. ANd these are still all "Short Form" type answers that rarely occur in real life. When you factor in rain at the lender's office, state of legal domicile, rain in 2 but not 3 locations or 3 but not 4 locations, etc... you get to the really advanced stuff (for which we naturally, charge $3500 extra) and that doesn't take into account months that have 2 full moons. Quit trying to paint too rosey a picture of this stuff, guys.

[grixit]

FIZBANG!

[Nikki]

It is not without irony that the preceeding sets of procedural rules and conditions so closely parallel many of the explanations offered by apologists for one or more of the gurus.

They all seem to start out "There is absolutely nothing wrong with <insert favorite guru name>'s method/paperwork/book/etc, it's just that <insert gullible loser's name> failed to <insert trivial and irrelevant action>

To watch this unfolding in real time, visit LoserHeads and follow the evolution of The Magic Letter which, when perfected, will not only allow the warriors to stand tall in victory, but which will cause the collapse of the IRS and criminal prosecution of all of its employees.

[sbode10]

How do I find the public records for a court appearance in a lawsuit? A friend has sued Chase (Bank) for trying to foreclose on a house. Chase has requested a summary judgment from the court. The home owner has used many or all of the paper strategies mentioned, in the proper order and in the proper time frame of course. Is there any recourse at this point if the home owner should suddenly be struck by lightening and want to keep the house? My 95-year old father lives in the house. The house is in Arlington, Texas in Tarrant County. I have gone to the County Recorder site several times but I haven't been successful in finding any information,.

[Judge Roy Bean]

How do I find the public records for a court appearance in a lawsuit? A friend has sued Chase (Bank) for trying to foreclose on a house. Chase has requested a summary judgment from the court.

Check with the court clerk's office. There may not be anything in the county recorder's office until after a court case has been ruled on.

The home owner has used many or all of the paper strategies mentioned, in the proper order and in the proper time frame of course. Is there any recourse at this point if the home owner should suddenly be struck by lightening and want to keep the house?

Foreclosure in Texas can be a VERY rapid process. The use of those methods will have no legal bearing and the foreclosure mill Chase is using will eventually steam-roll the owner. There are legitimate tactics for challenging a foreclosure but the issue always boils down to whether or not the borrower can afford to pay for it while mounting a legitimate defense. If the borrower has actually done some of the things suggested in the above-mentioned process, the financial impact of the fines that could be imposed for filing knowingly false documents could cripple the borrower financially.

My 95-year old father lives in the house. The house is in Arlington, Texas in Tarrant County. I have gone to the County Recorder site several times but I haven't been successful in finding any information,.

If the law firm for Chase submits some of the goofy documents as evidence of the borrower acting with unclean hands, the motion for summary judgment is a no-brainer. You REALLY need to make living arrangements for your father before the Tarrant County Constable shows up at the door.