HisAdvocates.org - Kelby Smith & foreclosure stupidity

[Burnaby49]

According to a fact Dave Barry says he did not make up, Washington state has the highest per capita density of Denny's of all 50. But in Georgia it's all waffle houses.

A Waffle House is a more than adequate substitute for a Dennys courthouse and they are all over the south-east.

[fortinbras]

Kelby Thomas Smith appears to talk a big game:

http://www.morningliberty.com/tag/kelby-smith/page/2/

It turns out he's running a multitude of companies .... and can't shake some tax liens:

http://www.scribd.com/doc/147441442/Kelby-Thomas-Smith

Additional to everything else, Kelby Smith was in trouble with the Federal Communications Commission (FCC) back in 2007. On 2 March 2007 the FCC sent him, as owner of an outfit called "Your Capitol Source", an official citation of violation of FCC regulations regarding telemarketing robocalls. It is not clear exactly how Smith's outfit was violating the FCC regs but the letter sent by the FCC laid particular stress on the requirements that the call has to identify the business outfit making the call, and additionally provide a means for the recipient to opt out of such calls.
This letter was printed in 22 FCC Record 12557 and is found at 2007 FCC Lexis 2950 & 2007 WL 3274677 (FCC).

[KickahaOta]

...Which only leaves the problem that the signature at the bottom of the affidavit, confirming "this isn't my signature", looks exactly like the signature on the document that is being claimed as fake.

In today's world of image manipulation, the subject will be addressed more and more frequently.

Consider that a "live" signature will never be exactly the same twice. However, electronic signatures are inherently identical.

Pandora's box has been opened.

So sorry to make my first post a resurrection of an old point, but I just... can't... let... this... go.

Yes, if your "electronic signature" is simply a graphic version of your real signature, and you just copy and paste it into your documents, then it will always be the same. So that sort of "electronic signature" -- like the practice of typing "/s/ Your Name" in electronically-filed documents -- has no real identifying value whatsoever.

A proper electronic signature doesn't work that way at all. Oversimplifying the heck out of things, a proper electronic signature involves two really huge "key" numbers: one that you advertise to everyone, and one that you keep very very secret. When you sign a document, the computer looks at the contents of the document, combines it with your private key number, and generates a really huge signature number. When someone else wants to verify that signature, their computer looks at the contents of the documents, combines it with the really huge signature number, and should wind up with your public key number.

So not only does every one of your electronic signatures not look alike, every one of them is different. And, in fact, if someone tampers with the document you signed, your signature on that document will no longer check out -- so someone can't copy and paste your electronic signature from one document to another either.

The Pandora's-box problem of electronic signatures isn't "they all look alike"; it's authentication of keys. If you send me a document and say "Here's the document I signed, and my public key is 87 quadrillion and 3, so you can verify it", my computer can say, yes, the math checks out. But what does that mean? It means that, yes, this document was signed by someone with the private key that matches that public key. But how do I know that private key actually belongs to you, and not to someone else claiming to be Judge Roy Bean? Anybody can make up a pair of public and private keys, and put whatever name they want on it. (There are services that charge significant amounts of money and actually verify real-world documentation before giving you a public and private key that they will later vouch "yes, that's you" for; but most people just use free services that let you generate a key using whatever name and other identifying info you want.) So, much like a physical signature, most electronic signatures are only meaningful if you've also signed other documents, under circumstances where you'd have no reason or opportunity to lie -- so someone can say "Yes, the key that was used to sign this 'Judge Roy Bean' document is the same key that was used to sign all these other 'Judge Roy Bean' documents, and it's really insanely unlikely that they're all fraudulent."

I'll be quiet now, honest. Back to the foreclosure stupidity.

[LightinDarkness]

Well folks, we have yet more STUNNING Kelby Smith EFT successes! This was just posted to HisAdvocates:

Illinois man indicted on 9 counts of wire fraud, 9 counts of mail fraud
Defraud a financial institution of more than $10,000
Conspiracy to commit a financial crime more than $100,000.00
Arrest warrant issued
Bond set at $300, 000.00

I do not know the history on the nine EFT's
Several (3) were for land with living quarters on them in his name.
He is in a loosing battle in foreclosure thats about over in the trial court.
I will get more info over the next couple of days. Planning to pull the warrent and other docs Friday to look over.

Details here:
https://www.dupagecase.com/Clerk/search.do
Use case number: 2013CF001326

As usual, I'm not sure whether we should laugh or cry for the people who are paying Kelby thousands of dollars for the privilege of using his "remedy" - resulting in an indictment of 18 counts of what appears to be felony charges including mail fraud, financial institution fraud, and conspiracy to commit a financial crime. And to top it all off, it also looks like the guy used Kelby's remedy to lose a foreclosure case! What a success story.

Now, I am sure when our lovely sov'run shows up to court and provides them with more Kelby Smith style sov'run paperwork demonstrating he is not subject to the court's jurisdiction, all of this will be sorted out. And by sorted out, I mean this guy is going to jail and Kelby Smith is going to tell us that clearly its because he didn't do the right sov'run legal incantation or the court's just refused to recognize the power of the paperwork.

The fact that anyone on this site continues to pay him money for "advice" like this after these cases amazes me. As does the fact that Kelby Smith himself has failed to be indicted for doing this stuff.

[LightinDarkness]

Oh my goodness, folks, if you have access to HisAdvocates you have to read the "blog post" on this. Its just getting better. The response from one of their "legal experts":

The argument that "there is no money in the account" holds no water, as there is unlimited amount of money on the private side.

The EFT was written on the "private side", not the public side. Only when the instrument is written on the public side can there be damages by the bank or fraud charges alleged.

But then again, according to the law, it is immaterial if the "check" if that's what they are calling it, is written on a closed account or is a counterfeit. See UCC 4-302.

Yes folks, the fact that a sov'run tries to pass a bogus financial instrument claiming he is transferring money out of his bank account to pay for something, when said bank account actually has no money and the sov'run knows that, is no argument at all for fraud.

This is where, for me, we begin to reach a level of insanity where I am no longer as sympathetic to the sov'run for being being preyed on by a financial conman like Kelby Smith. Clearly the EFT doesn't work - its resulted in serious charges against someone - and the time is now to recant and beg the court for mercy, explaining you were gullible but should have known better. But they just keep going in the wrong direction.

[wserra]

Well folks, we have yet more STUNNING Kelby Smith EFT successes! This was just posted to HisAdvocates:

Comment by one of the mods there:

The State's attorney by bringing charges is in violation of 12 USC 95a and in fact is committing a criminal violation by trumping up false charges and is criminally liable as "any payment" is discharge of the debt, and anyone relying on 12 USC 95a can't be held liable in any court, civilly or criminally. Stick that in the face of the prosecuting attorney. Tell your friend to stand on this statute as his justification to have all charges dropped.

The State prosecuting attorney is also in violation of defying the President by bringing charges.

The prosecuting attorney is facing up to 10 years and a fine of $10,000 for violating the persons rights to discharge debt and bringing a criminal court action when no one can be sued in court due to standing on his rights under 12 USC 95a. Any provision violation of this act is considered a separate violation, and each day the prosecuting attorney plays his charade, is a separate offense. I suppose that may mean that every violation is $10,000/violation, or $10,000/day every day that the indictment is in play and not squashed.

The State prosecuting attorney should be noticed of that fact. I suggest bringing charges against the prosecuting attorney if he pushes the charges against your friend if they are not immediately dropped. The prosecuting attorney is violating his rights which is "the people rights to the full benefits of the currency provided for by the Congress". That new currency is to discharge any debt with any currency that is acceptable such an an EFT. See House Joint Resolution 192.

I'm sure this will have the IL State's Attorney quaking in his/her boots.

"Squashed"? Takes me back 30+ years to my PD days. Ask somebody about a prior arrest that shows no disposition on his sheet, and there is a good chance you'd get "Oh, that case was squashed". It means anything short of a life sentence.

[Kestrel]

...every day that the indictment is in play and not squashed.

[notorial dissent]

I see Kelby and his crew of misfits have melded the old public side private side fraud on checking accounts to include EFT now. I predict they will have as stunning a success with this version as everyone had with the closed checking account model-which is to say NONE!!!!

Oh frabdjous day!!!

I'd wondered where Byron "Moogie" Gashler had crawled off to after he got bored with Dorean. I can see he has found his new spiritual home with Kelby and his crowd of mortgage scammers. Why am I not surprised that he has moved on to a new scam, exhibiting his encyclopedic lack of knowledge of finance and banking, and well reality for that matter, and did I mention legal processes and procedures. I see he has moved from pretending to be a financial wizard to just flat out making it up as he goes along. How 95a, which deals with foreign exchange during time of war has anything at all to do with bogus EFT transactions amazingly eludes me, but then Moogie was never real good on getting the reality parts down. The Great Gashler strikes (out) again.

Thank you, you have added to my day.

[Judge Roy Bean]

...

Oh frabdjous day!!!

I'd wondered where Byron "Moogie" Gashler had crawled off to after he got bored with Dorean. I can see he has found his new spiritual home with Kelby and his crowd of mortgage scammers. Why am I not surprised that he has moved on to a new scam, exhibiting his encyclopedic lack of knowledge of finance and banking, and well reality for that matter, and did I mention legal processes and procedures. I see he has moved from pretending to be a financial wizard to just flat out making it up as he goes along. How 95a, which deals with foreign exchange during time of war has anything at all to do with bogus EFT transactions amazingly eludes me, but then Moogie was never real good on getting the reality parts down. The Great Gashler strikes (out) again.

Thank you, you have added to my day.

The almost inimitable moogie strikes out again!