00 informal discovery to take default

8/3/2019 00 Informal Discovery to TAKE DEFAULT

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INTENT TO TAKE DEFAULT IN 10 DAYS1

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF LANE

Michael and Donna Esauk,husband and wife, pro se

Plaintiff,

vs.

BENEFICIAL OREGON, INC., dbaBENEFICIALMORTGAGE, CORP., a

foreign company; dba HSBC CONSUMER

LENDING MORTGAGE SERVICING

SHAPIRO & SUTHERLAND, LLC, TRUSTEE

KELLY D. SUTHERLAND OSB#873575

JOHN AND JANE DOES (Investors) 1-10,000and XYZ CORPORATIONS 1-10, et al.,. Defendants.

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Civil Action No.: 16 11 00139

INTENT TO

TAKE

DEFAULT IN 10

DAYS

PRE DISCOVERYFAILURE TO DISCLOSE

And

QUIET THE TITLE

Filed in the Record

NOTICE FOR REQUEST OF CONFIRMATION:

INTENT TO TAKE DEFAULT IN 10 DAYS

Pre Default Request Relating to Terms and Conditions of

Agreement and Adequate Assurance of Due Performance that

Finance Company did not Breach Agreement, and Offer

Pending Validation to settle this suit with out further damages

to all parties. Time is of the essence and full disclosure beforecourt actions commences. Response by February 28, 2011

Re: Account # 17499195, and LOAN AGREEMENT 8/15/2007 Loan Number 661706-00-583004 the crossed out number # 583004 and added hand written number # 583080 then the

Trust Deed #501706 of the Loan Instrument for the claimed debt is disputed in letter dated

December 10, 2010 and the first time we ever saw this copy of the LOAN AGREEMENT whichwe believe to not be true and a fake. Please provide the true copy both sides and the allonge to


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the Trust Deed and the changing of numbers to quiet the title. Also to determine the obligatedyou must provide me the details of what the entire Agreement is, and if you performed according

to the Agreement.1. Please explain here:

Re: False Foreclosure and Sale of Property without proof as requested November 2

nd

and9th

2010 of the nature and intent of the non disclosed parties and accounting required underRESPA TILA and FDCP to verify the foundation of who credit was used and who is the Holder

in due Course of the Note, Allonge and the Deed of Trust.2. Please explain and provide a conclusion

Dear Beneficial of Oregon Inc.; HSBC, Shapiro and Sutherland, LLC, officer and/or

Agent for alleged Lender,

3. It has come to the attention of the alleged Borrower, after much consultation and researchof the United States Code, the corresponding Code of Federal Regulations, the Uniform

Commercial Code, and certain Federal Reserve Bank Publications, that there is reason to believethat the alleged Lender is not the Holder in Due Course of the Borrowers alleged loan contract

or retail installment agreement and/or may have breached the contract/agreement concerning theabove-referenced loan.

Since the Borrower agreed to perform according to the contract/agreement, the Borrower is now

hereby requesting Adequate Assurance of Due Performance that the alleged Lender hasperformed according to the Retail Installment Sale Contract and that the original lender used

their own money to purchase the Borrowers contract/agreement and did not accept theBorrowers contract/agreement as money or like money to fund a check or similar instrument

that the alleged Lender then lent to the Borrower - which would have an economic effect similarto stealing, counterfeiting, and swindling - and that the alleged Lender has followed the Federal

Laws 12 USCA Sec. 1831n(a)(2)(A) and/or 12 CFR 741.6(b) regarding Generally AcceptedAccounting Principles and Generally Accepted Auditing Standards concerning the alleged

loan.

Please TAKE NOTICE that this is not a refusal to pay a debt, but we disputing the alleged debtreferenced by the above account, and am making this good faith Offer to pay in full, the alleged

debt to Triad Financial Corporation, provided you can verify and validate said debt by providingto us Adequate Assurance of Due Performance.

Validation requires confirmation of correctness, truth, or authenticity by affidavit, oath, or

deposition.

This verification of Adequate Assurance of Due Performance should include, but not be limitedto, answering the enclosed questions verifying the terms and conditions of the alleged loan, point

by point. The living person who signs the affidavit and answers the inquiries must be competentto testify, must have personal knowledge, must make all statements under penalty of perjury

under the Laws of the United States, and must make statements that are true, correct, complete,and not misleading.


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This will be used in the Complaint filed January 5, 2011 and take default on you and your

principle.

4. The general terms of the contract/agreement must include the following:

The alleged Lender must use its own money or credit as adequate consideration to purchasethe contract/agreement from the alleged Borrower to repay the loan.

The alleged Lender involved in the alleged loan did not accept anything of value from

alleged Borrower that would be used to fund a check or similar instrument in approximately theamount of the alleged loan.

The alleged Lender must follow the generally accepted accounting principles as required by

CPA audit opinions.

The intent of the contract/agreement is that the party who funded the loan is to be repaid themoney.

All material facts are to be disclosed in the written contract/agreement.

The alleged Borrower must repay the loan in the same specie of money or credit or thing ofvalue the financial institution involved in the loan used to fund the loan check or similar

instrument thus ending all interest and liens.

The loan transaction does not create the economics similar to stealing, counterfeiting andswindling.

Only one party signed the alleged Note and Deed of Trust and the Lender was not present

According to standard bank bookkeeping entries, it would seem the alleged Lender breached

all 7 basic elements of the alleged contract/agreement and then concealed material facts of thealleged contract/agreement. Therefore, I am demanding Adequate Assurance of Due

Performance that the above 7 elements are part of the alleged loan contract/ credit agreement orwe demand that the alleged Lender return a zero loan balance.

Through much diligent research and certain information from Federal Reserve Bank

publications, the proof that the alleged Lender breached the contract/agreement is that theirassets and liabilities increased while loaning the alleged Borrower money; providing prima

facia Evidence the alleged Lender recorded a loan from the alleged Borrower to the allegedLender. Then, returned the money to alleged Borrower, falsely claiming the money was a loan

from alleged Lender to alleged Borrower.

The alleged Lender did the opposite of what was advertised and agreed to and concealed thefact that alleged Lender accepted money or credit or thing of value from the alleged Borrower

which funded a check or similar instrument in the amount of the alleged loan.


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If you claim that there was a valid contract/credit agreement, then I demand that youexplain the details of the contract/credit agreement by answering the following inquiries,

point by point, by affidavit:

1) Is it true that when the Borrower signed the contract/agreement that the contract or agreement

was used as a bank asset to give value to a check or similar instrument or credit to a bankaccount resulting in a new bank asset and new bank liability?

Please respond with a Yes or No, in writing.

2) Is it true that alleged Lender follows Generally Accepted Accounting Principles (GAAP)?


3) Was full disclosure provided regarding whether the borrower was to provide the funding forthe alleged loan per bookkeeping entries?


4) Did alleged Lender accept something of value from the Borrower that was recorded as anasset on the books of alleged Lender resulting in a new liability on the books of alleged

Lender?


5) The alleged Lender lent its own money to the alleged Borrower?


6) Is it the intent of the contract or installment agreement that the party who funded the loan(per the bookkeeping entries) is to be repaid the money lent?


7) According to the bookkeeping entries of the alleged Lender, when the alleged Borrowersigned the contract/agreement, the alleged Lender accepted a new asset from the alleged

Borrower that funded the loan in the same transaction?


8)Did the alleged Lender involved in the loan record an asset showing that the allegedBorrower owes money to the alleged Lender involved in the alleged loan?


9) Did the alleged Lender follow all Federal Reserve Bank policies and procedures in the loan

transaction?


10) Is it true that according to the bookkeeping entries that the alleged Borrower funds the

loan to the same alleged Borrower?



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11) Is it true that according to the bookkeeping entries of the alleged Lender that the allegedBorrower is the lender to the alleged Borrower?


12) Is it true that according to the bookkeeping entries of the alleged Lender involved in the

alleged loan that new money or credit was created when the alleged Borrower signed thecontract/agreement?


13) Is it true that according to the contract or installment agreement that the alleged Lender

received permission from the alleged Borrower to deny the alleged Borrower equal protectionunder the loan contract/agreement?


14) Is it true that according to the contract/agreement that the alleged Borrower agreed toeconomics similar to stealing, counterfeiting and swindling against the alleged Borrower?


15) Is it true that the alleged Lender violated GAAP, generally accepted accountingprinciples, thus making the agreement null and void?


16) Is it true that the alleged Lender converted the contract/agreement by using thecontract/agreement as value, to give value to a check or similar instrument as proven by the

bookkeeping entries thus proving that the alleged Borrower funded the loan and proving thatthe alleged Lender used false statements that the alleged Lenders money funded the loan?


17) Is it true that the alleged Lender violated the matching principle of GAAP in that if thealleged Lender accepted an asset from the alleged Borrower, the alleged Lender did not credit

a liability account showing that the alleged Lender owed money to the alleged Borrower forthe asset received from the alleged Borrower?


If you refuse to answer these inquiries, I can only presume that there is concealment ofmaterial facts and that the contract/agreement has been altered and stolen and that I provided the

money that the alleged Lender claims was lent to the alleged Borrower.

If you refuse to answer these inquiries and provide an affidavit, in order to provideverification and validation of Adequate Assurance of Due Performance regarding the alleged

debt in question then please return a zero balance statement and return the originalcontract/agreement.

If you choose to reply via an attorney, who may respond without giving specifics to these

questions, said attorney may be added to a future lawsuit. We will then be empowered to call theattorney as a hostile witness and, compel this attorney, under Oath, to explain the Nature and


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Cause of the alleged contract/agreement. Remember, if you allege there is a lawfully bindingcontract or installment agreement, the attorney will have to answer the above questions in a

deposition or in court under oath. If the attorney commits perjury he or she will be disbarred.

Please take further NOTICE that your failure to timely respond and provide to us point by

point answers to all inquiries contained herein and sign the enclosed affidavit within ten (10)days of receipt of this NOTICE will place you in Fault, and your Fault will be your agreementthat you are refusing our good faith Offer to pay off the alleged debt, pursuant to the Uniform

Commercial Code at UCC 3-603(b), when an Offer to pay off a debt is refused, the debt isdischarged to the extent of the amount offered.

The alleged Borrower is hereby requesting that an authorized officer or Agent of the alleged

Lender answer all inquiries contained herein and sign an affidavit with these answers within ten(10) days of your receipt of this notice. This is the alleged Borrowers good faith attempt to

settle this matter and clear up any confusion about the terms of the contract/agreement prior to anAdministrative Hearing on the matter. Failure to respond will be deemed a dishonor of this

Notice.

This Notice, its affidavit and inquiries, and any Lender's acquiescence thereto, may beused as evidence, according to the Federal Rules of Evidence, to prosecute or enforce any default

by you in this matter in further actions, and if necessary, to obtain full disclosure of the alleged

Loan agreement and its performance.

A nationally known CPA is prepared to offer Expert Witness testimony should court

proceedings be necessary. If you choose legal means to attempt to collect this unsubstantiateddebt, then the enclosed questions will be used as interrogatories and admissions, and you will be

compelled under threat of Contempt of Court to answer them.

This Notice will remain as fact of the Elements of the Agreement and the breach of allegedLender unless alleged Lender disputes this Notice within 10 days or a Motion for Default will be

filed for lack of response and fraud on the court.

Further action will be taken against all authorized officer or Agent to take the Notice of Saleand process

Respectfully submitted,

___________________ _____________________

Michael and Donna Esauk, pro se

1379 N StreetSpringfield, OR 97477

(541) 747-9645

[email protected]


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CERTIFICATE OF SERVICE

ORIGINAL delivered to the Court this ___ day of _________, 2010.

I HEREBY CERTIFY that a true and correct copy of the COMPLAINT have been furnished by

certified U.S. Mail this date to:

BENEFICIALP.O. BOX 5233CAROL STREAM, IL 60197-5233

HSBC CONSUMER LENDING MORTGAGE SERVICING

P.O. BOX 3437

BUFFALO, NY 14240-9 734

SHAPIRO & SUTHERLAND, LLC Fax: (360) 260-22855501 N.E. 109TH COURT, SUITE N

VANCOUVER, WA 9866

X____________________________________

X ____________________________________

Michael and Donna Esauk

1379 N StreetSpringfield, OR 97477

(541) 747-9645

00 informal discovery to take default

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