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3ome B$ogs .ohn*ade(s b$og

Keating conversation in it's entiretySubmitted by johnwade on Tue, 03 !" #0!! $ !%:3#

&'() '(T+) -(.+/ +)T'- +'1

(nge2a: e22o, e4eryone it5s Thursday .ecember 6, and the end o7 the year is c2osing in on us8uick2y tonight9 1e ha4e a s ecia2 guest9 1e ha4e &ean eating on with us tonight and he wi22co4er a 2ot o7 to ics9 e said he is going to co4er ta; 2aw, commercia2 2aw, accounting 2aw, trust

2aw, ad4erse c2aims and 4oid judgments9 e is going to touch on those and e; 2ain a 2itt2e bitabout those and why we


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&ean: + am 7ine9

(nge2a: reat, great to ha4e you with us9 For those that don99ha, ha9

&ean: 1e22, + ha4e been teaching 7or "0 years, + ha4e been doing research 7or "0 years9 + ha4e adegree in ?ommercia2 @anking Aaw and ?ommercia2 Aaw, and + understand the Uni7orm?ommercia2 ?odeB + understand Trust AawB a22 o7 these subjects are re2ated9 Cou ha4e tounderstand Ta; Aaw, Trust Aaw, ?ommercia2 Aaw and (ccounting9 +7 you don5t, you can5tunderstand anything that is going on, and that is art o7 the rob2em, when eo 2e go into courtthey do not know what jurisdiction the court is o erating under9

(nge2a: 1hat did you disco4er about a22 o7 this, how are we doing it wrong=

&ean: These courts ha4e two jurisdictions, they ha4e a ub2ic side, which o erates in commercia2and a ri4ate side which o erates under the common 2aw9 (nd your courts o7 contract, i7 youcontract with them, they54e got jurisdiction9

(nge2a: ow do you not contract with them=

&ean: 1e22, you make a s ecia2 a earance, 2ike + did9 + did a Aetter o7 -ogatory, and e4ery time +ha4e done one, + ha4e been success7u2 with it9 Cou ha4e got to read 3$"0! and 3$"0#9

+t te22s you how to do a conditiona2 acce tance, u on roo7 o7 c2aim9 Cou ha4e to cha22enge their

right, and most o7 these eo 2e are making resentments on beha27 o7 somebody e2se, and theydon5t5 e4er te22 you what their authority is to do this9 That5s what they are doing on thesemortgage 2oans, they are making a resentment on beha27 o7 somebody e2se9 They don5t ha4e anyauthority to do that, but i7 you don5t cha22enge it, they get away with it9 Cou can ki22 a22 o7 thesemortgages at the administrati4e 2e4e2 without e4er getting to court9


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(nd they a2so, there is a disc2aimer that is su osed to be in the credit a 2ication, Under Tit2e!%, !%?F- D339#, which says that the se22er takes it subject to a22 the de7enses and c2aims that the

buyer cou2d assert against a trans7eree or buyer who buys it, or anyone who se22s it9 @ut they take

this out o7 a22 o7 these mortgage a 2ications9 )one o7 these mortgage a 2ications ha4e thatdisc2aimer in them9 That means there is no ho2der in due course9 +7 you read the 330# o7 theUni7orm ?ommercia2 ?ode, the ho2der in due course takes it 7ree and c2ear o7 a22 c2aims andde7enses that the ayor cou2d assert against any ayee or assignee or trans7eree9 1e22 they don5ttake it 7ree o7 that, they take it subject to your c2aims and de7enses9

1hat are the c2aims and de7enses that you ha4e= 1e22, number one, under U??330", you ha4e ac2aim in recou ment, which is a counter c2aim, and is the same 2anguage that is in -u2e !3 in theFedera2 -u2es o7 ?i4i2 Procedure9 -u2e !3 says there are two ty es o7 counter c2aimsB there is a

mandatory counter c2aim and a ermissi4e counterc2aim9 ( mandatory counter c2aim is a c2aimthat arises 7rom the same transaction and occurrence as the 2ainti775s c2aim9 )obody5s 7i2ing acounter c2aimB that is why they are running o4er you9 Cou cannot be a creditor un2ess you 7i2e acounter c2aim9 That is under U?? 33$0"9 (nd your second c2aim or de7ense is U?? 33$0%, whichsays you ha4e a ro rietary and ossesionary and ro erty interest in the note and its roceeds9(nd you ha4e the right to rescind the negotiation o7 the transaction9 )egotiation means theendorsement o7 the note9 They a2ways endorse these notes G ay to the order o79H

1e22, you ha4e a right to rescind that negotiation, but nobody e4er does it because they don5tread the Uni7orm ?ommercia2 ?ode9

+ ha4e been teaching 7or 7i7ty years, and + ha4e ne4er 7ound anyone in the community that readsthe Uni7orm ?ommercia2 ?ode9 They do not read a22 these a 2icab2e statutes9 1hen you aredea2ing in securities, it is go4erned by (rtic2e , not (rtic2e 3, because what you ca22 a note is asecurity and it is a non$negotiab2e instrument9 +7 you read the adjustab2e, and most o7 these sub

rime adjustab2e mortgages ha4e an adjustab2e rate rider that goes with the note9 The adjustab2erate rider, modi7ies the condition o7 ayment U?? 3$!0% ., it says it can5t be a negotiab2einstrument i7 it is subject or go4erned by e;traneous documents outside o7 the romissory note9They make it subject to the adjustab2e rate rider and the .eed o7 Trust9

+ ha4e a doIen cases that say a22 mortgage notes are non$negotiab2e instruments9 1e22, i7 they arenon$negotiab2e instruments, they are not go4erned by (rtic2e 3, they are go4erned by &eanra2?ontract Aaw, s eci7ica22y restatement o7 the 2aw, Second Series, under ?ontracts Section !%D,

which has to do with misre resentation, which means it is subject to rescission 9@ut nobody e4errescinds anything9


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+7 you read ##%9#3 o7 T+A(, Truth in Aending (ct, or -egu2ation J, that5s !# ?F-, you ha4e togo into the e2ectronic 4ersion, i7 you go into the a endi; the ha4e a 7orm in there in ( endi;, they ha4e rescission 7orms, and they are ca22ed $ and $6 n the a endi; o7 ##%9#39 (nd i7

the 2ender does not gi4e you the right to rescind, they a2so ha4e to gi4e you the 7orm to do therescission9 That5s a22 in ##%9#39 )ow in there it says that it does not a 2y to residentia2 mortgage2oans, but you go down to Section , that at 7orec2osure you ha4e the right to rescind the 2oantransaction i7 two things occur, there was no mortgage broker 7ee charged, and you weren5t gi4enthe right to rescind and or the 7orm, those three things9 They didn5t gi4e you the 7orm which is( endi; $ and $69 So you can rescind the transaction when it goes into 7orec2osure9 Theywi22 te22 you on2y ha4e E# hours, i7 they didn5t gi4e you notice, the statue o7 2imitations does notto22, unti2 they te22 you that you ha4e the right to rescind, so you can do it at 7orec2osure9 (ndanother thing, you are not in a 2oan transaction, you are in a in4estment contractB D$!0# under( 2icabi2ity, says i7 an item is inc2udab2e in (rtic2e 3, it is go4erned by (rtic2e 9 (rtic2e go4erns (rtic2e 3, why does it= @ecause you are dea2ing in securities9 (22 these notes are

securities not notes or negotiab2e instruments, so (rtic2e go4erns 3 and D and that is what says9So what you ha4e is a c2aim in recou ment or a c2aim under 330% to the roceeds and a right torescind the negotiation and you ha4e a ossessionery and ro erty right in the roceeds o7 thein4estment contract9 @ut nobody e4er 7i2es a c2aim9

(nd i7 you read $"0" thru $"0 , it te22s you how to 7i2e a c2aim and the c2aim is ca22ed anad4erse c2aim and it is de7ined in $!0# and de7ined $!0", o7 (rtic2e 9 )obody uses (rtic2e 9(22 these mortgage transactions are go4erned by (rtic2e , not (rtic2e 3 or (rtic2e #9 They are a22go4erned by (rtic2e , and you ha4e a counter c2aim9 Cou ne4er 7i2ed a counter c2aim9 That is

why when it goes into 7orec2osure, they 7i2e a !066(, which says you abandoned your c2aim,your recou ment, which is a counterc2aim and your ossessionery right to the roceeds 7rom thesa2e o7 the security under the in4estment contract, to which you were an undisc2osed third artyand nobody understands that9 Cou are an undisc2osed third arty to a contract under the Statute o7 Frauds9

(nd i7 they are going to ho2d you 2iab2e to a contract where you are an undisc2osed third artyand it has not been subscribed to by you or memoria2iIed, then you ha4e a right to the roceeds7rom the transaction9 (nd nobody 7i2es a counter c2aim going a7ter the roceeds, and it te22s youhow to do that9 That is one o7 the reasons you are 2osing in court9

(nother reason you are 2osing in court, is because none o7 these courts, and + mean none, do youknow what + mean by none= )one o7 these courts ha4e subject matter jurisdictions o4er 2and9/n2y a 2and court, and in F2orida the on2y 2and courts are your county courts9 +7 you go into the

judiciary o7 the F2orida constitution, and 2ook u (rtic2e " section #0, it te22s you which courtsha4e jurisdiction, and your county courts ha4e jurisdiction o4er 2and, none o7 these courts9 So


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what you do is contract with eo 2e that don


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artic2e written by .a4id Ae4ithin that goes into the rami7ications o7 this9 That means that a22 these banks that a22eged2y 7inanced a22 these 2oans wi22 ha4e to a22 the money back to the in4estors ascash 72ow c2aims because ne4er trans7erred, they bought something they ne4er got9 They aid 7ora22 these notes or securities, and they were ne4er trans7erred to them9 So they don5t own any o7them9

So the banks are going to ha4e to gi4e, and there is not enough money in a22 o7 the banks to aythese in4estors back9 So what does that mean= Cou are going to ha4e a ut$back9 This ro7essorwho wrote this artic2e went u and testi7ied be7ore ?ongress on the Sub Finance ?ommitteeunder ?ommunity ousing9 e testi7ied be7ore ?ongress what was going to ha en i7 ?ongressdoesn


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&ean: -ead e4ery word, e4ery word, e4ery sentence, e4ery hrase is an unconscionab2e contractand has c2ogging ro4isions in it9 do you know what c2ogging is= ?2ogging ro4isions are

ro4isions that e;tinguish your e8uity o7 redem tion9 +7 they se22 your security, how are yougoing to redeem i7 they se22 it to somebody e2se and gi4e you the note back= .on5t you a2waysha4e the right to redeem a 2oan= That5s war roo7ed it5s not a 2oan, it5s an in4estment contract9

.oes anybody ha4e any 8uestions=

(nge2a: Ceah, ho2d on one second9 Aet me bring u the 8uestions, /hio= o ahead /hio, did youha4e a 8uestion>/hio====== /hio, are you there=====

&e77: (nge2a, + ha4e a 8uestion 7or &ean9 There has been another gent2eman on the internet

recent2y ta2king about what he ca22s your (@?5s and his name ha ens to be Patrick .e4ine9 (reyou 7ami2iar with him, by chance=

&ean: Ceah, he is one o7 my students9

?a22er &e77: /h, we22, + think sure that he is robab2y dead on with what5s going on and e4ident2yyou must agree i7 you say he is your student9

&ean: + ha4e not seen what he is teaching 2ate2y, so>9+ don5t know what he is teaching9

?a22er &e77: 1e22 it is going a2ong with e;act2y what you


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&ean, you ta2k about a 7orm, what was the 7orm you were just ta2king about that must go in withthe !066s /+. it was an something=

&ean: Form # !, there are 3 7orms9 (22 you ha4e to do is 7i2e the # !, but you shou2d read theinstruction book2et9 There is an # !, # # and # 39 + am suggesting you read a22 three o7 them9

?a22er &e77: /k, now, another 8uestion 7or you>99

&ean: Aet me bring something to your attention, this is rea22y ower7u29 +n !6"!, they ast a 2aw,under tit2e #% section #03 , and section #"!D is ca22ed the Power o7 ( ointment (ct o7 !6"!9The donor has tota2 ower, e4ery one o7 these mortgage 2oan transactions is a donor doneere2ationshi , which means it is a ?2ass " gi7t and estate ta; under the %0 0#06 decoding manua29(nd i7 you go to the +-S website and down2oad it, it ca22ed the +-S Processing Oanua2 o7 #0!09+7 you go there and read it, it te22s you that a22 !06%s, a22 !06 s, a22 !0D0s, a22 !066s, a22 1$#s, areyou guys getting this= (22 1$#s, a22 1$Ds are c2assi7ied gi7t and estate ta;es ha4e nothing to dowith an income ta; and e4erybody is 7i2ing !0D0 7orms9 Cou don


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?a22er &e77: So, okay First o77 +5d 2ike to say this, what Patrick ta2ked about being 4ery im ortant,e4ery time you send in your !066( 7or ac8uisition or abandonment that you ha4e to send in a7orm "%9

&ean:

Ceah, oint o7 7iduciary9

?a22er &e77: +s the 7orm "% and is 7orm # !, are they somewhat maybe simi2ar=

&ean:

)o9

?a22er &e77: /kay9

&ean: See the # !, identi7ies you as the issuer o7 the /+.

?a22er &e77: /kay

&ean: That is why they are ena2iIing eo 2e on these /+.s9

?a22er &e77: /kay, i7 you wou2d here 7or me9 + go back to OcFaddens5s s eech on the 72oor o7 thehouse back in the !630s, and he says, Or9 S eaker, i7 this bi22 becomes Aaw, a Scottish disti22erwi22 be ab2e to draw u his bi22 and resent it to the Federa2 -eser4e 1indow and ha4e his money

be7ore he e4er roduces the whiskey9 + didn5t write that but that is what is says9 Then that meanseach and e4eryone o7 us is running a cor oration, we on this send tend to ca22 that theGstrawman,H but it5s a business and we ha4e the abi2ity to draw u our bi22 and send it to theFedera2 -eser4e 1indow and get our money e4ery year be7ore w e4er start doing business, 7or


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our articu2ar business that we might ca22 'U&'() '(T+) , /- () 'A( ST(- , orwhate4er, am + wrong sir=

&ean: )o, you are abso2ute2y right and + can show you how to do that9

?a22er &e77: So e4ery sing2e one o7 us, o7 us ha4e the ower indi4idua22y, indi4idua22y withoutgetting in4o24ed in a big grou , i7 just 2earn to run our banks, we ha4e the abi2ity to take backand inherit what the @ib2e might ca22 the ingdom o7 od9 1ou2d you argue with that=

&ean: Cou are abso2ute2y right9

?a22er &e77: /kay, So what the wiIard to2d .orothy in the 1iIard o7 /I, was a22 she had to dowas c2ick her hee2s together, that the remedy has been with you the who2e time9 .o you agreewith that=

&ean: Ces, it is9

?a22er &e77: + te22 you what + wou2d 2o4e to see, sir, + wou2d 2o4e to see you and Patrick gettogether, it sounds 2ike he issuing you in7ormation, and strengthen this thing so each ande4eryone o7 us can robab2y 7ind our remedy because it5s been withhe2d 7rom us 7or years andyears and because my eo 2e are destroyed 7rom 2ack o7 know2edge9 .o disagree with that=

&ean: )o e9

?a22er &e77: That5s 7antasticN

&ean: 1e ha4e s ecia2 drawing rights on the +OF, did you know that=


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?a22er &e77: 1e22 that sounds tome 2ike what +5m saying is that5s a22 we need to do, or + know youcan go to the Sma22 @usiness (dministration today, my 7o2ks did it in their business and you can

resent a 2an to them and they wi22 7und the 2an9 + just ne4er rea2iIed they were doing is taking

your socia2 security number as the account number and they are going thru there and 7unding thething because we ha4e that right because as we are creditors to the cor oration9

&ean: That5s right, a22 these cor orations are debtors in ossession, under a ?ha ter !!reorganiIation9

?a22er &e77: (nd each and e4ery one o7 us are the creditors to the United States9 (m + correct sir=

&ean: Ces9

?a22er &e77: /kay, each and e4eryone o7 us ha4e had our remedy and we5re sitting around bitching, moaning and com 2aining and crying about what /bama and a22 these eo 2e weredoing and it does not mean ditt2ey$s8uat to us9 '4eryone o7 us has our remedy right this minute,and it is as easy as (, @, ?9 !066(s, @s and ?s and i7 you know how to use them, you can run

your who2e bank cause it says each o7 us are bankers under Tit2e 3!, so we a22 ha4e our remedy,we just ha4e to 8uit being stu id,, am + correct=

&ean: (men9

?a22er &e77: /kay, + am going to get o77 the ca22 and 2et someone e2se ta2k9 Thanks you 7or yourtime, and thank you (nge2a9

Te;as: + did a !066 /+. 7or the 2ast 7our years, #00%, #00E and #00 , you said + need to 7i22 out a7orm # !9 ow do + 7i22 out the 7orm 7or a checking account or sa4ings account, which is a22 +did it !066 /+., was my money o7 e8uity


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&ean: Cou need to read Sections !#E! through !# o7 Tit2e #%9 '4erything is an /+., because itis a ub2ic debt instrument9

Te;as: /kay9 So, 2ike + am 2ooking9

&ean: 1hen you write a check, you are creating a ub2ic debt instrument9

Te;as: -ight9

&ean: Cour issue it as an /rigina2 +ssue .iscount, or a withdrawa29

Te;as : /n this 3 ! 7orm they ha4e a cusi number9

&ean: That5s why a22 you guys are doing it wrong e4erybody that is doing a redem tion is doing itwrong9 1hen they send you a bi22, do you know what they are doing= .o you know what the bi22

re resents that they send you=

Te;as: ( resentment= + don5t know9

&ean: +t re resents the amount o7 your credit that they are using9

Te;as: -ight9

&ean: /kay, you ha4e to 7i2e a ta; return and assess the ta;9 That is why you didn5t redeem thedebt because you ne4er assessed it9 @ecause it is a ta;9 (nd you are the on2y one that can assess it


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because it is your credit they are using9 +7 you don5t re ort it as income to the +-S, how is the+-S going to gi4e you a re7und=

Te;as: So that is where a !066 /+. comes 7rom, and then + re ort it as income=

&ean: Ceah9

Te;as: /kay,

&ean: Cou do a ay order on the bi229 Pay To The /rder o7 .e artment o7 the Treasury, charge tothe sum said, to the erson who sent you the bi22, the uti2ity com any9 Cou say ut to the credit o7 your account and ut your socia2 security number there9

Te;as: @ut that is 7ine 7or ( 7or @=

&ean: 1e22 it5s not ( 7or @, it5s a money order9

Te;as: /kay9

&ean: Cou are aying the ta; to the +-S and then the +-S can turn around and bi22 the account o7the erson that sent you the bi229 Cou are not doing that so they are bi22ing you 7or it9 Cou aredoub2e di ing9 They go into your account and get the money and then they send you the

cou on, which is a check9 Cou ne4er used the cou on, you sent it back to them, then they takethe cou on and they kee these cou ons9 (nd they are a check, 2us the check you sent to them,you aid them twice9 They are getting aid twice 7or e4ery transaction they do with you9


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+7 you don5t think that is what is going on, you are going to be in 7or a rude awakening9 Theyassessed an 0,000 7ine on me, the .istrict ?ourt did, + did a Pay to the /rder /7 and + ne4erheard 7rom them again9 They ha4e to ay the ta; on 0,0009 -emember e4ery bi22 is a ta; bi229

Te;as: /kay9 So you said + wou2d take each bi22 that they wou2d send to me, do a Pay to the/rder /7, and + send it to the +-S=

&ean: Cou send the origina2 to the +-S and send the origina2 to the erson who sends you the bi22,a2ong with !0D0 , a !0D0 and !06%, and an /+.9

Te;as: ( !0D0=

&ean: Ceah9 Cou ut that in there as income9

Te;as: /kay

&ean: (nd you are re orting it to the +-S as income9

(nge2a: ow many !0D0s do they say you can 7i2e in a year, &ean=

&ean: 1e22, it de ends on how many transactions you ha4e9

(nge2a: So you can on2y do one !0D0 a year9

&ean: Cou can wait ti2 the end o7 the year and ut a22 your transactions on one 7orm9


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Te;as: /kay, + need to 2ook at it again, it sounds retty sim 2e, but there is a 2ot o7 stu779

&ean: Cou ha4e to see the end, what is going on9 +t5s your money they are using and you are notre orting it9

Te;as: -ight9

&ean: 1ho kee s track when you write a check, don5t you kee a record o7 the check you wrote=

Te;as: Ces, right, + do9

&ean: /kay, how, who ba2ances your checking account, you do=

Te;as: -ight9

&ean: /kay9 1e22 the +-S can5t ba2ance your account, credit account, un2ess you 7i2e a return

re orting the income9 Cou ha4e to do it because it is your income9

Te;as: -ight9 /kay in my case where + ha4e a2ready 7i2ed a !066 /+. and now the +-S is

coming back to me saying + ha4e to correct what + did, or + wi22 get a ",000 ena2ty>

&ean: Cou write Pay to the /rder o7 on their bi229 .id you know the +-S has a .U)S number=


18/107

Te;as: -ight, + ha4e heard that be7ore9

&ean: 1e22, it5s true, + ha4e their .U)S number9 + know what their .U)S number is9

Te;as: /kay,

&ean: 1hat they are doing is trying to 7ind out i7 you know what you are doing or not9 '4ery onegoes into antie a2ace9 G/h my od, the +-S is a7ter me9

Te;as: a, ha9

&ean: G+t5s time to run 7or the hi22s9H

Te;as: -ight9

&ean: They are testing you to see i7 you know what you are doing9 They sit on it, +7 they don5t doanything, they are te22ing you that they are doub2e di ing9

Te;as: /kay, do + sti22 send in the # ! in this case since + ha4e a2ready sent them and !066/+.=

&ean: Ceah, + wou2d 7i22 out an # ! and send it in9 Cou are not an issurer un2ess you 7i2e an # !,cause the Pub2ication !#!# says you must, must means mandatory9 Oust 7i2e an # !9 + bet thereis not one erson who knows what an # ! is9


19/107

Te;as: -ight9

&ean: That5s because nobody is reading anything, e4erybody is going around 2istening to whate4erybody is te22ing e4erybody9 They 2isten to 1inston Shroud, ordon a22, &ack Smith, TimTurner9 )obody goes out and does any research or reads anything9 That5s why they don5t knowwhat is going on9

Te;as: /kay9

&ean: These courts, none o7 these courts ha4e jurisdiction to do anything9 They are not courtsthey are ri4ate2y owned trading com anies9 (nd + don5t go in there and contract with them9

+ make a contract with them on the ri4ate side and + contro2 it by judicia2 acce tance9 +7 you do aconditiona2 acce tance right, you can b2ow them out o7 the water9 + sto ed a %0,000 car 2oan,

by writing a 2etter to the judge9 e not on2y took the case o77 the ca2endar, he dismissed themotion 7or de7au2t judgment, and he motioned 7or a writ o7 ossession9 .ismissed both o7 them

and took the case o77 the ca2endar9

Te;as: /kay9 (22 right>9

&ean: Cou are going in there on the ub2ic side with courts that ha4e no jurisdiction, e4en thoughthey don5t5 ha4e jurisdiction, you are contracting with them and you gi4e them jurisdiction bycontract9 They can contract with you9 + don5t go in there and contract with them9 1here is your

authority= +522 acce t that on roo7 o7 authority, what5s your authority 7or making a resentmento7 somebody e2se= (nd 6696K o7 these eo 2e are making resentments on beha27 o7 somebodye2se9 (nd these banks on a mortgage 7orec2osure, when they make a resentment, do they e4ersend you the note= .id you know that they ha4e to resent the instrument, too= They ha4e tote2o2 you their authority o7 making the resentment on beha27 o7 somebody e2se, and they are a22doing it, but they ha4e to gi4e you the instrument9 They ha4e to e;hibit the instrument9 Coune4er make then e;hibit the instrument=


20/107

Te;as: )o e9

&ean: .id you know i7 you get the (bstract o7 Tit2e and + think the tit2e com anies are ho2dingthese, that the 2oan was aid in 7u22 at c2osing, it actua22y says that, they are ca22ed tit2e a ers9

Te;as: The tit2e com any has those=

&ean: Ceah, the (bstract o7 Tit2e, which is the record o7 the deed and the notes and a22 o7 your

2oan a ers9 1ho is using these and kee s a record= The tit2e com anies ha4e a22 o7 this9

Te;as: So + wou2d ask the tit2e com any 7or the (bstract o7 Tit2e=

&ean: Ceah, te22 them you want to know who is ho2ding the insurance o2icy on errors andomissions9 .id you know you ha4e an errors and omission c2aim on a22 these mortgage 2oans=

Te;as: )o9

&ean: .id you know under -'SP(, they cannot take any kick back on any 7edera2 mortgage 2oan,and a22 o7 these 2oans are 7edera22y 7unded9 They ca22 them mortgage 2oans, so + am ca22ing theywhat they ca22 them9 @ut they are rea22y in4estment contracts9 @ut they 4io2ate -'SP(, and thatis an errors and omissions c2aim, which you can co22ect on9

Te;as: /kay9


21/107

&ean: Cou need to come to my c2ass on Tuesday night9 1e ha4e more c2asses and on Tuesdaynight + go into a22 o7 this stu779

Te;as: -ight, right9 + wi22 be there9 Uh, but as 7ar as this # ! 7or that cusi number, do + ut inmy socia2 security number, the issue date, the maturity date, and ty e o7 instrument9 + am 2ookingat the 7ie2ds, and go okay, how do + actua22y 7i22 them out, you know9

&ean: Cou mean the # !=

Te;as: Ces9

&ean: 1e22, 2et me u22 one u here9 This is how you identi7y who the issuer is9

Te;as: -ight9

&ean: (nd you are not doing that9 +n7ormation -eturn 7or Pub2ica22y /77ered /rigina2 issued+nstruments9 Cou know what U?? D(!0D says=

Te;as: 1hat5s that=

&ean: Cou know what U?? D(!0D says=

Te;as: )o

&ean: +t de7ines what an originator is, originator o7 the 7irst 7unds trans7er9


22/107


23/107

&ean: 1e22, this doesn5t, ha, ha9 a9 This a22 manna9 + am going into the de7initions9 +t says anad4erse c2aim, this is U?? ($!0#, Subsection ($!, means a c2aimant has a ro erty interest in a7inancia2 asset and that is a 4io2ation o7 the rights o7 the c2aimant 7or another erson to ho2dtrans7er or dea2 with the 7inancia2 asset9 /kay now go down to the ($!0#, Subsection 6, a7inancia2 asset is a security, we22>99so you54e got a ro erty interest in a 7inancia2 asset, is that

not what 3$30% says= Pro erty interest= (nd when you go to $!0", it says a erson has notice o7an ad4erse c2aim i7 the erson knows o7 the ad4erse c2aim9 .on5t you think they know that youha4e an ad4erse c2aim= So they a2ready had notice o7 it at c2osing9 (ren5t they aware o7 7acts

resented to indicate there is a signi7icant robabi2ity that the ad4erse c2aim e;ists= (ndde2iberate2y in7ormation that wou2d estab2ish e4idence o7 the ad4erse c2aim= .on5t they ha4e aduty im osed by statute or regu2ation to in4estigate whether an ad4erse c2aim e;ists= .on5t theyha4e know2edge that a 7inancia2 interest or asset therein has been trans7erred=

(22 this in $!0", and then you go to $"0", it te22s you how to 7i2e the c2aim9 /h, they are going

to 2o4e me9

Te;as: -ight9

&ean: This is what you ca22 2o4e at 7irst sight9

Te;as: 1e22 + am going to ha4e to 2isten to this ca22 again anyway9

&ean: Cou 7unded the who2e thing9 +7 you read on the internet, they ha4e an a77ida4it written by.a4e ar7ie2d, and he goes into this who2e thing9 There is one thing he is not correct on, he saysthe money came 7rom the in4estors, on a ay$7orward9 +n other words, be7ore they e4er had a

borrower in 2ace, they had the ca ita2 so that the in4estors wou2d ut u the ca ita2 7or these-'+TS be7ore they e4er had a mortgage 2oan9 @ut they did it on the condition that you ut u asecurity, does that not make you the creditor= 1asn5t the ca ita2 that the in4estor ut u

redicated on the security that you ga4e to the ser4icing com any at c2osing=

Te;as: -ight9


24/107

&ean: Cou bet your bi ie it was9 So didn5t you gi4e them the instrument or the ca ita2 7or thein4estor5s money= (nd wasn5t the ay$7orward done by the in4estors be7ore there was e4er a2oan in 2ace=

Te;as: Ceah, but the in4estor5s money rea22y did not go to my security, what it went to was the banker5s to buy insurance and credit de7au2ts and to 7und the oo2 so they can ay back thein4estors9

&ean: Ceah, but they ut that ca ita2 u based on your security that you issued9 That gi4es you a ro rietary interest in it9 Cou own the securities 7rom this oo2ing and ser4icing agreement and7rom the trust 7und, what wou2d they ha4e, nothing9

Te;as: So they did not ha4e the right to the in4estor5s money, un2ess they ha4e my security9

&ean: That5s right9 They wou2d ha4e ne4er ut the ca ita2 u in the 7irst 2ace un2ess they wereguaranteed a ca ita2 7rom the borrower9 So the borrower has a ro rietary interest in the roceeds7rom the security, but you are not making the c2aim9 (nd that is why they ut the disc2aimer in?F- D339#, go read it9 Oake it subject to a22 the de7enses and c2aims that you can assert againstthe se22er9 1e22, they can5t be a ho2der, because a ho2der takes it 7ree o7 a22 de7enses and c2aims9

So, they are not ho2ders in due course9 1e22 i7 they are not a ho2der in due course, what does 3$30" say= Aet5s go read it9

Cou wonder why you are 2osing in court= -ead 3$30"9

Te;as: @ecause we are not treating it as a contract9

&ean: .e7enses in c2aims and recou ment:

(nge2a: -ecou ment=


25/107

&ean: That means counter c2aim, go 2ook it u =

(nge2a: Ceah

Te;as: /kay9 .e7inite2y ha4e to 2isten to this ca22 again 2ike + said, go thru a22 this stu779

&ean: +7 you read 3$30"?, it says an ob2igor is not ob2iged to ay the instrument i7 the ersonseeking the en7orcement o7 the instrument does not ha4e the rights o7 a ho2der in due course9

1hat does that te22 you= +7 they are taking it subject to your c2aims and de7enses, are they aho2der in due course=

Te;as: -ight, oh, )oN

&ean: .oes it say you don5t ha4e to ay it=

Te;as: -ight=

&ean: So why are they 7orec2osing on your ro erty i7 they are not a ho2der in due course=

Te;as: @ecause they are stea2ing the ro erty9

&ean: @ecause you are not raising the de7ense, that5s why9 (nd you are not in a 2and court9 Couare in a ri4ate owned trading com any9


26/107

Te;as: Pri4ate2y owned trading com any, okay9

&ean: +n ?a2i7ornia, do you know where the courts are in ?a2i7ornia= o read your ?onstitution9 +

ha4e not 2ooked it u yet, do they ha4e county courts in ?a2i7ornia=

(nge2a: Ceah, they do9

&ean: /kay, do you know where they are 2ocated=

(nge2a: + wou2d assume in the same 2ace where you 7ight tickets and things 2ike that=

&ean: Those are the on2y courts that ha4e jurisdiction o4er 2and9 )one o7 these other courts ha4e jurisdiction o4er 2and, eo 2e go in there, and these courts are running o4er them9

(nge2a: 1e ha4e a 2ot o7 eo 2e in 2ine with 2ots o7 8uestions, sha22 we mo4e on=

Te;as: /kay to reca the # !, + am sti22 not sure how to 7i22 it out9

&ean: +t de ends on who the issuer is9

Te;as: So + don5t need to 7i22 out e4ery 2ine=

&ean: Aet me go o4er it rea2 8uick9 ang onNN


27/107


28/107

Te;as: .id you ha4e to use a straw or something=

&ean: @ecause i7 you do it is going to be an abandoned ro erty9

(nge2a: /k, ha4e you u22ed u the 7orm yet=

&ean: Ceah, + had it here and then + c2osed it u 9 /k, here it is> Form # ! +n7ormation -eturn7or Pub2ica22y /77ered /rigina2 +ssued .iscount9

(nge2a: 1hat is the number o7 this 7orm= ( # !=

&ean: Ces9

Te;as: +s it true that the a 2ications 7or a checking account or a mortgage, they ut a cusinumber to that=

&ean: Sure, i7 it is traded, it has to ha4e one9 @ecause that is how they identi7y9 .o you knowwhy= @ecause is it is a security9

Te;as: Ces, that is right9 ow do + 7ind a cusi number=

&ean: Show me a romissory note with a cusi number9 )one o7 them ha4e cusi numbers9 /n2ysecurities ha4e cusi numbers9 1hat the he22 is going on here, it is not coming u , not o eningu 9


29/107

Te;as: So maybe we ha4e to 7ind a cusi number 7rom my checking account, or whate4er, they robab2y won5t gi4e it to me i7 there is such a thing9

&ean: Cou can gi4e the ' ? your socia2 security, go to a broker and gi4e them your socia2security number and say + want to know what my cusi number is9 e can te22 you in thirtyminutes9

Te;as: From my checking account9

(nge2a: o where and ask who=

&ean: (ny broker, gi4e him your socia2 security and he can gi4e you your cusi number9 + don5tknow what is wrong with this9

Te;as: +sn5t there a ma;imum that can be insured with a checking account, 2ike #"0,000, so

maybe that is an amount that can be used 7or a cusi number, + am just ta2king out 2oud9

(nge2a: /k, &ean, it is taking to 2ong, you know what=

&ean: /k, here it is + ha4e it o en9 Cou ha4e the issuer5s name, !(, the issuer is you9 The issuer ista; ayer identi7icationB do you know what that is=

Te;as: Socia2 security=

&ean: Ceah, then you ut your address in !@9 Put the city in !?9 Put the state in !., ut the statein !'9 +t says, name o7 re resentati4e, it says see instructions, read your instructions on this9 Then


30/107

you ut the address in ! ?, address o7 the re resentati4e9 + think that wou2d be your broker9 Thenthe city$$ ut the city, state and Ii code9 .ebt instrument in7ormation it says, then you ha4e a

2ace 7or the cusi number9 /k, what ty e o7 instrument is it= +t is usua22y a 7i;ed rate, or 4ariab2erate, which is an adjustab2e rate9 (nd what was the issue rice that is the amount o7 the mortgage9Cou see where it is going with this= 1hat are the interest ayments due= 1hat is the /+. 7or the

entire issue, what is the yie2d to maturity= That is the date that the 4a2ue or estimate o7 maturity9+t te22s you that, take 30 times your ayments and you wi22 ha4e that9 .escri tion o7 the debtinstrument, we22 you know what it is, it is a security, 7inancia2 asset9

Te;as: -ight9

&ean: Cou can 8uote $!0#, Subsection 6, 7inancia2 asset9

Te;as: (22 right, + wi22 go ahead and research, it does not he2 me with my checking accountB +wi22 ha4e to 7igure out what to do with that9 Thank you9

(nge2a: Thank you9 o ahead, &ean9

&ean: 1hen you re ort your withdrawa2s, those are debt instruments9 -e ort that as a debtinstrument9 That is an origina2 issue9

Te;as: /kay9

&ean: .escri tion o7 debt instruments9

Te;as: The cusi number$$$$ is that my socia2 security number, + don5t know9


31/107

&ean: ?a22 any broker, gi4e him your socia2 security number and ask 7or your cusi number9 Theyget in it in 30 minutes9

(nge2a: &ust 2ike that, + want to know what my cusi number is=

&ean: Ceah9

(nge2a: They wi22 know what you are ta2king about=

&ean: Ceah, te22 them you want to track a bond and you don5t ha4e the cusi number9 i4e themyour socia2 and say + want to know what my cusi number is9 + ha4e the socia2 7or thistransaction, but not the cusi number9 e wi22 say + wi22 get it 7or you in 30 minutes9 + ha4ea2ready done this9

Te;as: + wi22 ha4e to try this9

(nge2a: (22 right9 Thanks a 2ot Te;as9

Te;as: /kay, thanks (nge2a, thanks &ean9

&ean: Cou are we2come9

(nge2a: ey, OitsyN /h, that is right, )ancy was waiting, she was 7irst but did not ha4e her handu okay, she wi22 be ne;t, go ahead, Oitsy9


32/107

Oitsy: /k, + ha4e a brother who has a mortgage, and he is in the 2ast week o7 the redem tion eriod, he has one week e;act2y tomorrow night9 1hat wou2d you recommend=

&ean: -edeem what mortgage=

Oitsy: They had a sheri775s sa2e on him a2ready, and Oinnesota has a %$month redem tion9

&ean: (nd, you are into what=

Oitsy: e is " months and three weeks into the redem tion eriod, and Friday ne;t week t heycou2d ha4e the sheri77 escort him out9

&ean: as he done a U.=

Oitsy: )o9

&ean: 1hat state are you in, are you in a judicia2 state or non judicia2 state=

Oitsy: Oinnesota, is non judicia29

&ean: 1e22 they do a U. to get you out o7 there9 They don5t just come out and throw you out9They do an un2aw7u2 detainer9

Oitsy: /kay9


33/107

&ean: @ased on a 2and2ord tenant agreement9 ow does the trustee get>9uh>9see you don5t ha4eany c2aim going, that is why they are throwing him out o7 the house9 Cou ha4en5t 7i2ed a c2aim9

Oitsy: ow does he go about doing that=

&ean: o read $"0", and $"0 9

Oitsy: /kay, on what=

&ean: 1ho the broker is or the c2earing cor oration9 (nd you ha4e to send them a writtencommunicationB this might be a good time to go into that9

Oitsy: + a reciate any he2 , ha, ha, has9 + can see what + can do with the 7orum9

(nge2a: &ean=

&ean: Ces=

(nge2a: (re you going to go any 7urther with that=

&ean: Ces, going into the U??9

(nge2a: /kay, 2et me know what is ha ening here, ha, ha9


34/107

&ean: 1hat it be 2ike=

Oitsy: ere we ha4e the Torrens System, in Oinnestota9

&ean: Torrens Aand -egistration System=

Oitsy: Ce9

&ean: /k, $"0", says duty o7 securities intermediary with res ect to ayments and distribution9Securities intermediary sha22 take action to obtain a ayment or distribution made by the issuer o7 a 7inancia2 asset9 Cou know what + wou2d do i7 + were you=

Oitsy: 1hat is that=

&ean: -ather than doing that, + wou2d 7ind out who the tit2e insurance com any is, 7ind out who

the errors and omissions carrier is, and te22 them you want to 7i2e a c2aim9 Cou want to shut thisthing>te22 them you want a re2ease o7 2ien, and a recon4eyance, on the ro erty because o7 theerrors and omissions c2aim9 The tit2e com any has the authority to do a re2ease o7 2ien and arecon4eyance9 +n ?a2i7ornia, it is #6$D!9E9 +t says i7 you cannot 2ocate the bene7iciary o7 record,or the 2ender, which you can5t because o7 the securitiIation, then you can ask and in 30 days theyha4e to gi4e you a re2ease o7 2ien or a recon4eyance9 The trustee does9 (nd you can go to the tit2ecom any and ask them, te22 them you want a re2ease o7 2ien and a recon4eyance because o7 theerrors and omissions c2aims you ha4e, otherwise you are going to bring a c2aim, and te22 themyou want a 7orm 7or it9

Oitsy: /kay9

&ean: Under #%0E (, Tit2e !#9 o read it9


35/107


36/107

Oitsy: a, ha, ta2k show just booted me o77 the screen>99ha, ha, your chat is b2ocked too9

(nge2a: .on5t you just 2o4e it= &ust go to the website, my ri4ateaudio9com9 (nd when it o ens,on the right, you wi22 see the announcement 7or tonight5s ca229 +t says c2ick here, c2ick on that, andthat wi22 o en another age, and that wi22 show you the 2inks and the Pay a2 in7ormation9 +t5sToby9@utterworth, that his Sky e +., and don5t gi4e out his hone number9 + guess 2ast time &eanga4e it out9

&ean: Ces, he got !00 hone ca22s9

(nge2a: e to2d me to ask you not to do that9

&ean: /kay, ha, ha9

(nge2a: (22 right9

Oitsy: Thank you 4ery much, &ean9


(nge2a: /kay, we wi22 go with )ancy, she has been waiting, go ahead )ancy>

)ancy: /kay, great9 + ha4e some ta; 8uestions=


37/107

&ean: Cou do=

)ancy: (bout the romissory note, + ha4e not written romissory notes99

&ean: (re you a ta; rotester= (re you in ossession o7 contraband=

)ancy: Cou mean i7 they ha4e sent me something and + ha4e not sent it back=

&ean: +7 you didn5t assess your ta;, you are in ossession o7 contraband9 (nd you are a naughty2itt2e gir29

)ancy: 1ait a minute, you mean i7 + didn5t 7i2e a return=

&ean: Ces, you ha4e to 7i2e a return9 That is what an assessment is9

)ancy: Ces, but that is a se27$con7essed, yeah9

&ean: )o, it is an assessment9 That is how you assess the ta;9 ow is the +-S going to gi4e you are7und, un2ess you re ort the credit that these eo 2e are using9 See nobody is doing redem tionright9 That is why you are not winning in court9

)ancy: + don5t want to win in court, + want to win be7ore + go to court9

&ean: 1e22, you can do that too9 + ha4e done it out o7 court9


38/107

)ancy: @ut i7 + get a bi22 7rom them, why aren5t they taking my romissory note=

&ean: 1hy are you sending them a romissory note= The bi22 is a check9

)ancy: 1e22 how do + get my money back=

&ean: 'ndorse the bi22, and Pay to the /rder o7 .e artment o7 the Treasury, Timothy eitner,o4ernor o7 the +nternationa2 Oonetary Fund9 The sum said to the account o7 whoe4er sent youthe bi229 .o a charge back9 Pay it to the +-S, that is the return, then you do a charge to whoe4ersent you the bi22, then you say credit the memory o7 my account and gi4e them your socia2, o7 the

amount, then ut the amount down9 So what you are doing is charging it, you are aying it to the+-S, then they are doing a charge to the account o7 the uti2ity com any or whoe4er sent you the bi22, they credit it to the memory o7 your account9 That is how you do a redem tion, that is the ro er way to do it9

+ wrote out a check, an internationa2 bi22 o7 e;change on a na kin, and they ga4e me a recei t 7orit9 1hat does that te22 you= Thank you 7or your ayment9 + wrote it on a iece o7 a er, actua22y ana kin9 + drew it on a na kin, and wrote it out9

)ancy: /kay, + ha4e seen a 2ot o7 eo 2e ut in rison because o7 internationa2 bi22s o7 e;change,maybe they are doing them wrong9

&ean: Ceah9 That is your 7irst c2ue9

)ancy: a, ha9 That they ha4e been ut in rison + guess9

&ean: Ces, because they didn5t ay the ta;9 Cou can5t create debt instruments9


39/107

)ancy: (22 right9 +7 you are using an +nternationa2 @i22 o7 ';change to ay a bi22, then what=

&ean: 1e22, you are not using it to ay a bi229 + take their bi22 and con4ert it into a money order9

)ancy: Ceah9

&ean: That is what the cou on is9 .o a Pay to the /rder /7 on the cou on, send it to the ?hie7Financia2 /77icer, say ay to the /rder o7 US .e artment o7 the Treasury, Timothy eitner9 e isthe o4ernor o7 the +nternationa2 Oonetary Fund, he is not the Secretary o7 the Treasury9 Couknow who Secretary o7 the Treasury is= OandeI ToreI, Puerto -ico9 They mo4ed the

.e artment o7 the Treasury to Puerto -ico in !6#!9

)ancy: /kay, but + ha4e gotten cou ons and + ha4e written a money order, ayab2e to the.e artment o7 Treasury, and they ha4e had no e77ect on any so ca22ed debt the +-S has9

&ean: Cou got a bi22 7rom who=

)ancy: The +-S9

&ean: /kay, and what did you do with the bi22=

)ancy: + 7i22ed out the cou on, Pay to the /rder /7 and set it back to the +-S9

&ean: Cou mean you charged it to the +-S9 They are using your account9

)ancy: So you say charge to the +-S instead o7 your socia2 security number9


40/107

&ean: )o, you charge it to the +-S, whoe4er sent you the bi22 is who you charge it to9

)ancy: /kay, so you ha4e to make it Payab2e to the .e artment o7 Treasury, charge to the +-S9

&ean: (nd credit the memory my account number and ut your socia2 in there as your accountnumber9

)ancy: /kay9

(nge2a: ?redit the memory=

&ean: Ces, credit the memory o7 your account9

)ancy: /kay, so 7irst you ha4e to 7i2e a !0D09

&ean: Aet me ask you, how are you going to ay them when there is no money=

)ancy: a, with another debt instrument9

&ean: 1e22, the bi22 is a debt instrument9

)ancy: Ceah9


41/107

&ean: They are sending that bi22, which is a check9

)ancy: + ha4e a2ways heard that but + was ne4er ab2e to 7igure out how to get any money out o7

it9

&ean: 1e22, + do this a22 the time9

)ancy: 1e22, that is wonder7u2B + want to know how to do that9

&ean: /kay, do you sti22 ha4e your hand u =

)ancy: Ceah, because + sti22 ha4e to 7i2e a !0D0 7irst, that is what you are saying9

&ean: Ceah, you ha4e to 7i2e a !0D0 with that and re ort it as income9 Then you ha4e a !0D0 @,which is a ayment 4oucher9 Then you 7i22 out a !06%9 +7 you cone to my c2ass on Tuesday, + wi22

show you how to 7i22 it out9

)ancy: 1onder7u2, is that #"900 each Tuesday=

&ean: Ces, each Tuesday9

)ancy: /kay9

&ean: + am the on2y one that is teaching this, the on2y one9


42/107

)ancy: + rea22y ha4e to 7igure out this +-S stu77 because it is eating me a2i4e and they ha4e ahuge 2e4y on my retirement9

&ean: Ces, that is why they ha4e a 2e4y on you is because you ha4e not assessed the ta;9

)ancy: (22 right, so i7 + did it be7ore Tuesday, because + am in a bind, i7 + do some !0D05s, and!0D0@s, and !06%, + can 2earn more on Tuesday to 7inish this o77=

&ean: Ceah9

)ancy: /kay, thank you 4ery much9 Thank you, (nge2a9


(nge2a: /kay, see you Tuesday 7or sure9 Aet5s see here, ranny=

.o you ha4e a 8uestion 7or &erry, oh my od, + mean &ean eating9

ranny: ?an you hear me=

&ean: Ces9

ranny: + ha4e a 8uestion, but maybe it is not a ro er one9 +s there anything you can te22 meabout "0! ? 3=

&ean: Ces, it is a charitab2e trust9


43/107

ranny: -ight9 The organiIation that + be2ong to, we just 2ost our "0! ? status due to a erwork9+s there a way to retrie4e it=

&ean: Ces9

ranny: ow do + 2earn that= a, ha9

&ean: ?ome to my c2ass on Tuesday9

ranny: /kay9

&ean: First thing is a charitab2e trust9 ow can you make a ro7it when there is no money=

ranny: 1hat do you mean=

&ean: 1e22, isn5t e4erything a donation=

ranny: Ces9

&ean: + made the mistakeB + went to a guy in who was the to gi7t and estate ta; attorney in theUnited States9 + said, what wou2d be my ta; 2iabi2ity i7 + made a donation to the county9 + didn5tte22 him + had a mortgage 2oan, + to2d him + made a donation o7 ro erty to the ?ounty, what ismy ta; 2iabi2ity=


44/107

e said, under #0"", you can deduct the entire amount9 +t is !00K ta; 2iabi2ity9 See you are notre orting it as a donation, so you are not getting your deduction9 Treat it as a donation9-emember a22 monetary transactions are donations9

ranny: + think + am 2ost with what you are ta2king about9

&ean: 1hat is your uni7ied ta; credit= o read ub2ication 6"09 1ant me to u22 it u or read it toyou=

ranny: + don5t think a 2ot o7 eo 2e ha4e an interest in it, but, when + say due to a erwork, +

mean it was not 7i2ed time2y, so they threw the "0! ? out9

&ean: /kay, the +-S did=

ranny: Ceah9

&ean: + wou2d re7i2e it then9

ranny: 1e22, we can, but that it going to cost money9

&ean: ow much is it going to cost=

ranny: + don5t know, + ha4en5t gotten that yet9 + was trying to 2ook that u on the +-S site, but +cou2dn5t 7ind it, so + ha4e to ca22 and see what it costs9 + think it 8uite e; ensi4e, se4era2 hundreddo22ars, + be2ie4e9


45/107

&ean: Send them a money order9

ranny: Pardon=

&ean: Aet them send you a bi22 and then do a money order on it9

ranny: /n whose account=

&ean: 1e22, i7 you do a money order, i7 they send you a bi22, endorse it 7or ayment9 -ememberthose are money orders, they are using your credit9

ranny: /kay, whose credit=

&ean: CoursN They are sending you a bi22, which means they are using your credit9 The bi22re resents the amount o7 your credit that they are using9

ranny: Ceah, but + don5t ha4e anything to do with it, + am just an o77icer in the organiIation9

&ean: 1e22, whoe4er is doing it, it does not ha4e to be you9 +t does not make a di77erence who itis9

ranny: (22 right, boy are you 2osing me9 (re you saying somebody5s indi4idua2 account>>=

&ean: Cou do not understand when you get a bi22 7rom somebodyB + don5t care who it is, uti2itycom any, trash com any, dum ster>9


46/107


47/107

ranny: )o9 The +-S didn5t send us any a erwork, that is why we didn5t get it 7i2ed on time butthey don5t care, they are throwing out the "0! ?3 out9 (nd they threw us into a category o7 a7oundation9

&ean: Then resubmit9 + am res onding to your admonition regarding setting u a "0! ?3, and yousaid it was going to be e; ensi4e9 a4e them send you a bi229

ranny: 1ho=

&ean: 1hoe4er is asking you to send the "0! ?39 Say, send me a bi229

ranny: /kay, what i7 they don5t do that=

&ean: Then you don5t owe them anything9 .o you owe anyone anything i7 they don5t make a resentment= +n order to charge, i7 you owe me money, don5t + ha4e to make a resentment toyou to be ab2e to charge you=

ranny: @ut we don5t owe them money9 +7 we submit an a 2ication, we ha4e to submit a 7ee 7orthe a 2ication9

&ean: 1e22, i7 you don5t owe them money, te22 them to send you a bi22 with the a 2ication9

(nge2a: /kay>+ think we need to mo4e on, + don5t think you are understanding9

&ean: 1e22, they ha4e to send you a bi229


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(nge2a: Ces, on the "0! ?3, they are going to send you a bi22 7or it because you ha4e to ay 7orit, right=

&ean: -ight, yeah=

ranny: Cou can5t send in your a 2ication in without sending the 7ee9

&ean: 1e22 how much is the 7ee=

ranny: That is what + am saying, it is se4era2 hundred do22ars9

&ean: The amount o7 the bi22, how are you going to send it in i7 you don5t know how much it is=

ranny: + am going to ca22 them today and ask them9 @ut you can5t send an a 2ication withoutthe 7ee with the a 2ication9

&ean: Te22 them to send a bi22 a2ong with the a 2ication9 (nd you wi22 send the money in whenyou return the a 2ication9

ranny: The a 2ication is on 2ine9

&ean: The a 2ication is what=

ranny: /n 2ine9 Oy origina2 8uestion is there a way to sa4e the "0! 3 ? that they just cance22ed=


49/107

&ean: 1e22 they robab2y want you to resubmit it9 Cou said they cance22ed it because it was not7i2ed time2y=

ranny: -ight9

&ean: 1e22, + don5t know that much about "0! 3 ?s9 &ust resubmit it9 Te22 you to send you a bi227or it and + wi22 show you how to do a money order9

ranny: /kay9

(nge2a: /kay, a2righty9 /k, we ha4e Oaggie in (riIona9

Oaggie: + am going to go down a 2itt2e di77erent ath, + just want &ean5s take on something and +wi22 try to summariIe as best + can9 + bought a house, it5s se22er 7inanced9 1e22 it5s a mobi2e, that5swhy it is se22er 7inanced9 1e had the 2and tit2e com any act as the 2oan ser4icerB they went

bankru t and were taken o4er by Aoan ?are (ccount Ser4icing9 So they were the accountser4icer, + sent my ayments to then, they issue ayment to the woman + bought the house 7rom9 +

was reading my in7ormation, now that + ha4e 2earned about a22 this mortgage 7raud, not that + amaccusing the woman + bought the house 7rom but, the account ser4icer is ho2ding the origina2 romissory note and the origina2 documents, and the strange thing is there is a sma22 month2y 7ee7or them to do this, and the 8uestion is, what wou2d be their true bene7it 7or a 2ousy ! 900 amonth 7or a22 the work that they do= +s there something hidden that + am not catching on theaccount ser4icing 7or se22er 7inancing=

(nge2a: 1hat they are doing is sending you a bi22 once a month9

Oaggie: 1e22, they do more that that in actua2ity, they ho2d the im ound account 7or the ta;esand insurance, send 2ate notices, i7 + ha en to be 2ate, they ha4e to run a22 the in ut, the aymentnow goes to a bank 2ock bo; in ?a2i7ornia, and the a re ort is sent to the o77ice in irginia9


50/107

&ean: /k, so you said they charge you ! 900 a month 7or that, right= So you want to know whattheir bene7it is in doing that=

Oaggie: Ces, it does not seem that their o4erhead wou2d be o4erhead wou2d be co4ered by the! 900 er month 7or a22 the troub2e that they need to go thru in my o inion9

&ean: Cou are robab2y right9

Oaggie: 1hat + am wondering, basica22y i7 + u22 u account acti4ity on my account on theirwebsite, they show the origina2 2oan amount, the origination date, it does say se22er 7inanced, but

+ notice on the agreement that we origina22y signed that a22ows 7or an account ser4icingagreement, do they ho2d the origina2 documents on site, with them9

&ean: They don5t ha4e the origina2 documents9

Oaggie: 1e22 that is what they say, and + checked with the se22er, and she does not ha4e theorigina2 note9

&ean: Te22 them you want to come down and 4iew the origina2 note9

Oaggie: + ca22ed and they said they do ha4e it and + asked them to send me a correct co y witha22 the signatures o7 a22 arties that are a arty to the note, and + am waiting to recei4e that back9 +asked then to send that by mai29 Uh, 7ront and back ages o7 the note9

&ean: + guarantee you that they do not ha4e the note9

Oaggie: mmmm99we22, then>


51/107

&ean: @ank /ne to2d me that, and when + got down there, they did not ha4e the note9

Oaggie: Un7ortunate2y, Aoan ?are is 2ocated in irginia and + don5t ha4e any abi2ity to go 7rom(riIona there and check this out, but by the agreement, it states that they are to ho2d it9 +t5s in theagreement that we signed 7or the account ser4icing, but there was a 2ot going on in my 2i7e in#003, + was taking care o7 an e2der2y mother, and + did the best that + cou2d to make this dea2, and+ was ressed 7or time9 + did read, scan the documents, and + was a rea2tor at one time, and + 7ee22ike + 2et myse27 down and my mother at the same time but + am trying to back track9 + am doingresearch at this oint, + 7e2t there was something going on behind the scenes with Aoan Ser4icingwith se22er 7inance between a se22er and a buyer, ob4ious2y is bene7itting them more that the tuneo7 ! 900 a month9 +t just>uh99

&ean: Ceah, you are right9

Oaggie: /kay, now, + ha4e another 8uick 8uestion9 There was an attorney 7irm that 7i2ed suit,they 7irst were acting as a third arty co22ector, on a charged o77 credit card 7rom #00E, theyactua22y went thru the rocess to 7i2e a ci4i2 suite in ingman against me, re resenting at attorney7or the origina2 bank as 2ainti779

&ean: They 7i2ed suit against you 7or what=

Oaggie: For the amount o7 that charged o77 credit card9 (nd + did not know how to res ond,u2timate2y they recei4ed a judgment with no e4idence o7 the debt and + need to know what +might due to roceed in some 7ashion9 + ha4e abso2ute2y no idea what + need to do as they didrecei4e a judgment 7rom a judge here in ingman9

&ean: Cou went into dishonor9

Oaggie: 1e22 it was charged o77 in #00E9 (nd they started contacting me in #0069 + made a 7eeb2eattem t to ask them to 4a2idate the debt, but + didn5t do it with a22 the 7ancy jargon9 They ne4er


52/107

res onded e;ce t to 7i2e a ci4i2 suit9 + res onded as best + cou2d, and it ob4ious2y didn5t ji4e, andthe ne;t thing + new, + got a ci4i2 judgment 7i2ed, so at this oint>99

&ean: So what are they doing with this judgment=

Oaggie: 1e22 they are threatening o7 course that they can attach and garnish, + am on a 4ery2imited socia2 security income and at this oint, uh99

&ean: .o a ay order on the judgment9 1ho issued the judgment=

Oaggie: The &udge, &ustice o7 the Peace, in ingman9

&ean: .o a ta; bi229 .o a Pay to the /rder9 Pay it to him9

Oaggie: To the &ustice= /kay99so, + take the judgment that has the amount on there, with the case

number, they gi4e a tota2, it is hereby ordered that a judgment is entered 7or this amount9

&ean: Oake it ayab2e to .e artment o7 the Treasury, but charge it to the &udge9 a, ha, ha, ha,ha>9.o you want to see a case go away rea2 7ast= + am te22ing you>9

Oaggie: +s there a s eci7ic s ot on that resentment that + am to write these words=

&ean: Ceah, te22 them you wi22 do a conditiona2 acce tance, on roo7 o7 c2aim9 They ha4e theauthority9 + wish + had timeB they wou2d cance2 the who2e thing9


53/107

Oaggie: 1e22, yeah, 7rom what + understand, the attorney was actua22y acting as a third artyco22ector, you know he bought the debt, it5s erste2 ?hargo, in case you are 7ami2iar with that7irm, and they are attacking a 7riend o7 mine in Oesa under the same guise, it is just in the

beginning stages with the 7irst contact 7rom them9 + thought maybe with what ha ened to me, +can he2 her, not get in the same osition since we are more educated9

&ean: Cou need to 2earn to write a 2etter and you wi22 ne4er hear 7rom them again9

Oaggie: Ces, but you ha4e been doing this 7or as 2ong as + ha4e been a2i4e, so, + gi4e you a22 thecredit and admiration in the wor2d, + know + can5t 2earn the who2e 2ega2 system in one hone ca22,

but i7 e4en i7 + know how to e4en start a rebutta2 against this or e4en some ty e o7 c2aim againstthe attorneys 7or acting as a third arty co22ector and as attorney 7or the 2ainti779

&ean: +t is robab2y the attorney that is bringing the c2aim9

Oaggie: /h, + am sure9 + mean, e4en though he named Oerritt @ank, he is doing it as anassignee, ha4ing bought it 7rom Oerritt @ank, because when + attem ted a 4a2idation o7 the debt2etter, they actua22y ceased and desisted, and they sent me so much as an in7ormation about that,

but that they were going to ut it out to their 2ega2 team9

&ean: Cou say this is a credit card debt=

Oaggie: Uh huh>

&ean: .o you know who owns both sides o7 the credit card debt=

Oaggie: Oe=


54/107

&ean: )o, the .T?9

Oaggie: /h, okay= + don5t know, what the .T?= (s in99=

&ean: The .e ository Trust ?or oration, or The .e ository Trust ?om any9

Oaggie: (22 right, we22, uh, ossib2y + can scra us some money to get into your Tuesday c2asses9

&ean: + can show you how to do a conditiona2 acce tance and they wi22 go away9

Oaggie: (n unconditiona2=

&ean: )o, a conditiona29

Oaggie: /h, a conditiona2 acce tance9

&ean: Cou wi22 do a 2etter and they wi22 disa ear9

Oaggie: '4en though they ha4e a judgment=

&ean: Cou522 be ab2e to cance2 the who2e thing9

Oaggie: (22 right9


55/107

&ean: +7 + can make a %0,000 judgment go away, with a 2etter, + can make that go away9 +guarantee you didn5t do a %0,000 credit card9

Oaggie: )o, it5s 2ike two grand$$$that is it9 )e4er in my 2i7e in history, ha4e + e4er heard anyonegoing a7ter those charged o77 credit cards9 That has been going on thru history9

&ean: That is because the get away with it9 + wou2d write one 2etter and you wou2d ne4er hear7rom them again9

Oaggie: /k we wi22 go on and 2et other eo 2e ta2k9 + just wanted to get your take on it9 + wi22 tryto get in contact with you on a ersona2 2e4e2, so + can ick your brain, or you can ut me intem 2ate or basic 2etter that + can get started with9

&ean: /k9

Oaggie: Thanks &ean and (nge2a9 Cou can mute me back out9

(nge2a: /kay, thank you9 /k mo4ing on, okay, &e77 go ahead9

&e77: i, &ean, ok as you were ta2king + had a cou 2e o7 more 7undamenta2 8uestions + ho e youmight answer 7or me9 1ou2d you say that it is a cost c2aim or counter c2aim or one in the same=

&ean: Ceah, they are retty c2ose9


56/107

&e77: +n Patrick5s in7ormation, which + think he has gotten most o7 7rom you, he says it isabso2ute2y mandatory to do one o7 these cross c2aims, and he ties it back into bib2ica2 stu77, and +thought that was interesting9

&ean: That is how you identi7y yourse27 as a creditor9

&e77: That is what he said, see here is how + see it &ean9 +n the bib2e, ?hrist went into the tem 2eand he turned the tab2es on the moneychangers9 + think that is what a22 o7 this has to do with9

&ean: Sure, is9

&e77: (nd that is what turning the tab2es was, switching it around so that you are the 2ainti77instead 7or, he2 me here>9

&ean .o you know why ta; returns are 7i2ed on ( ri2 !Dth=

&e77: 1hy=

&ean ?ause that is the Passo4er9

&e77: Ces, + understand that9

&ean /kay the Passo4er is 7rom ( ri2 !Dth unti2 the ##nd9


57/107

&e77: The other thing that + wou2d 2ike to ask you is, and i7 you agree with, is in the Scri ture,when they asked ?hrist i7 the Oaster aid tribute, he to2d a disci 2e to go get it out o7 the 7ishesmouth9

)ow in my o inion, + think that has to do with the cusi number and the ca22, + think that this isa22 re2ated somehow, because what he is ta2king about there, is what you ha4e said on this ca2291hen you go an ge t eDh money out o7 the 7ishes mouth, where does the 7ish 2i4e= The 7ish 2i4esin the admira2ty, in the oo29

&ean: +n the sea9

&e77: Ceah, when you go to the great big oo2ing account and you go 7ish>>9

&ean That is what they ca22 the 7ish that came out o7 the sea9

&e77: Ceah, and what you are trying to do is bring that 7ish back onto the dry 2and, aren5t you=

&ean: Ceah, do you know what the word GbeastG stands 7or=

&e77: o ahead9

&ean: @e2gium e2ectronic sur4ei22ance termina29

&e77: uhN

&ean: @e2gium e2ectronic automated sur4ei22ance termina29


58/107

&e77: Ceah, and what your are doing is>9

(nge2a: 1hat is that=

&ean: That5s ()(, (nnua2 )umbers (ssociation, in @russe2s, @e2gium9 1hich is tied into the@+S, @ank o7 +nternationa2 Sett2ements9

&e77: Ces, and that is where these cusi numbers are, and + had a ha4e a 7riend who just got a

cusi number on his case here in +ndiana, he went 7rom 30 years to 3 years robation cause therewere some things that we did not under stand, but it don5t matter, when they te22 you ha4e a rightto one hone ca22, that one hone hone ca22 is not ta2king about a hone ca22, is it &ean= +t5sta2king about going in an getting that bond and you ha4e to ha4e the cusi number to identi7y the

bond9 (s soon as you identi7y the cusi number, you can go 7ish and bring the 7ish back 7rom thesea on to the dry 2and, where you can dea2 with it, am + correct=

&ean: 1e22, they are using the !D! o7 Tit2e #%9 Pri4ate debt instrument9

&e77: Ceah, and once you get it u on dry 2and you can dea2 with it, you know9

&ean: Ceah, but you ha4e to make them ay the ta;, cause they do not ha4e a bond9

&e77: )o, you ha4e to gi4e them a !066 ( or @ or ?9 + don5t know which one9

&ean: 1e22 you ha4e to do an +/., because they don5t ha4e a bond on it9

They are using you as the origina2 issue discount9

:


59/107

&e77: They are trying to use your e;em tion9

&ean: 1e22, your e;c2usion, yeah9

:

&e77: (nd that is why you ha4e to turn the tab2es on them, and one o7 these 7orms turns the tab2eson them, but + am not sure e;act2y which one9

&ean: .o a margin ca229 .o you know what a margin ca22 is=

&e77: )o, + am not 7or sure, + am not 7ami2iar with that, sir9

&ean: /kay, when you trade on the commodity e;change, they are ca22ed G uts5 and Gca22s9H ( utis a buy and and a ca22 is a se229

&e77: Uh, huh9

&ean: (nd they buy things on margin, which means that the trader wi22 gi4e him "0K credit9

&e77: Uh, huh9

&ean: (nd i7 they go o4er that credit, he does a margin ca22 on them9 1hich means they ha4e tocome u with the rest o7 the money, which is why they make you ut a bond on it9

&e77: -ight9


60/107

&ean: 1hat you are doing is indemni7ying their c2aim9 @ut they ha4e a ta; c2aim, because theyha4e not registered the security, so there is no bond in 2ace9

So go read #03# ' !!9 Cou ha4e to ut a bond u with the Secretary o7 the Treasury5s o77ice, 7or aca ita2 trans7er ta;9 1hich they ha4en5t aid9

&e77: So when you make your one hone ca22, what it actua22y means is, you are going back to themarket, and te22ing them to ca22 in the security, are you not=

&ean: -ight9 That means they ha4e to ut the 7unds u 9 They ha4e to re2ease you, they are ho2dingyou 7or co22atera2 o7 the 7unds9

&e77: That5s right9 (nd they are actua22y using your e;em tion or whate4er you ca22ed it9

&ean: ';c2usion9

&e77: They are using your e;c2usion, which is your socia2 security number, they are using that in

order to kee you in bondage, are they not=

&ean: Ceah, they are using that to co4er the margin9

&e77: -ight9

&ean: (nd when you ca22, i7 you do a margin ca22, they ha4e to com u with the 7unds and theycan5t do that, or re2ease you9

&e77: Ces, i7 you don5t make the ca22, i7 you ask not , you get not, or howe4er that e; ressiongoes, you ha4e you ask9


61/107

&ean: Cou want them to 7i2e a !066 /+., to identi7y who the ayor is on the 7unds, and who thereci ient o7 the 7unds is9 Te22 them that9 Cou want you see how 7ast they wi22 get you out o7 there=

&e77: -ight, because the reci ient on the 7unds wou2d ha4e to be you9

&ean: CeahN

&e77: @ecause you are the bank, and e4erything has to come back thru you, thru the source9

&ean: 1e22, no, you are not the reci ient, you are the ayor9

&e77: 1ou2d you not be the ayor and the reci ient=

&ean: 1e22, they are the reci ient o7 the 7unds, that is why they ha4e the ta; 2iabi2itiy9 They arethe trans7eree9

&e77: /h you are right9 Cou are e;act2y right9 So this wou2d kee you 7rom doing any ty e o7argument, any kind o7 7i2ings into that court9

&ean: Te22 them you are not doing anything ti2 they ro4e their c2aim9 That is a margin ca229

&e77: Ceah9

&ean: (sk them to roduce the !066 /+., you are doing a margin ca229


62/107

&e77: Ces9

&ean: They ha4e to identi7y where the source o7 the 7unds are, and i7 they are not the source o7the 7unds, they ha4e to re2ease you9

&e77: -ight, and either way they ha4e to re2ease you9 /ne way you basica22y, you make an o77er tosett2e the c2aim, and they re7used it, which means a debt tendered and re7used is a debt aid,either way, they ha4e to re2ease you9 /ne way you ha4e made an o77er to sett2e the c2aim and theother way, they re7used your o77er, so a debt tendered and re7used is a debt aid9 They ha4e to 2etyou out one way or the other, do they not=

&ean: CeN

&e77: That is what + thought9 /kay9 ery good you answered my 8uestion, thank you sir9


(nge2a: Thanks &e779 /kay, ne;t we ha4e i @eauti7u2 Fi4e9 That is a beauti7u2 name9

&ean: i4e me 7i4e without not ji4e9

(nge2a: a9

@F: + ha4e 8uestion on writing a 2etter on a c2osed checking account9


63/107

&ean: Ceah= Cou ha4e to do an e2ectronic trans7er i7 you do it on a c2osed account9

@F: Ces that is what we did, and e2ectronic trans7er and we aid o77 a mortgage 7or our son and

the mortgage was aid o77 and he is a22 worried that something is going to ha en, come back onhim, or he wi22 ha4e issues with it9

&ean: 1e22, you ha4e to understand what you are doing9 + did that with 1a2mart9 + did a c2osedaccount check and they said the check was bad, and + said then gi4e me the check back9 Theywou2dn5t gi4e me the check back, so + ga4e them another one9 (nd the guy did a bi22 o7 e;changeand their 2ega2 de artment ca22ed me u B he said Ghow do we sett2e this=H + said + ga4e you a bi22o7 e;change, so sett2e and c2ose the account9 + am authoriIing you to sett2e and c2ose the account9e said, Gokay9H So he did9

@F: /kay the mortgage com any sent them a DD00900 check that was remaining in theirescrow account, and said that the account had been aid, or rather that the 2oan had been aid o779

&ean: Ceah, we22 that your roo79

@F: /kay9

&ean: e has nothing to worry about, un2ess they want to doub2e$di 9

@F: -ight9

&ean: Sometimes, they wi22 do that, they wi22 doub2e$di 9 1hat they are doing is doub2e$di ing9They are making another charge to your account9 They 7igure i7 they an get one ayment out o7you, they can get another one9


64/107

@F: -ight9

&ean: a, ha, ha9

@F:: )ow they can5t come back on us either, can they=

&ean: 1e22, these eo 2e do whate4er they want, it is a 7ree$7or$a229

@F: -ight9 (nd on the back when we endorse it, we ut not 7or de osit, 'F? on2y 7or dischargeo7 debt, a ointed as authoriIed re resentati4e without recourse9

&ean: (nd i7 you don5t ut that down there, they522 try to doub2e di , go in there and try to de ositit, and then the check wi22 bounce9

@F: -ight9

&ean: Cou cannot de osit an e2ectronic trans7er check9

@F: -ight, we ha4e had a 7ew cases where that has ha ened, where they tried to de osit, andit bounced, and they go it is an 'FT9 (nd they act 2ike they don5t know what it is9

&ean: Te22 them to read Tit2e !", Section E00!$E00%9 That is the Uni7orm '2ectronic Trans7er (ct9(nd the Uni7orm '2ectronic Signature (ct9


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@F: /kay, is that Tit2e !"=

&ean: Ceah, !$!0 o7 the Uni7orm ?ommercia2 ?ode9 That5s why these crated mirrors, mortgagee2ectronic registration system9 They do an e2ectronic trans7er, and e2ectronic trans7er, on a nonnegotiab2e, that is why a22 these 2oans are non negotiab2e instruments9 That is what the Uni4ersa2'2ectronic Trans7er (ct contro2s9 @ecause it is not contro22ed by (rtic2e 39 +7 it is a negotiab2einstrument, it contro22ed by (rtic2e, not by the U'T(9

@F: /kay, how wou2d we en7orce that= +7 they don5t acce t it9

&ean: 1e22, just, you mean i7 they send you the check back=

@F: Ces9

&ean: Cou mean they make another resentment=

@F: )o, this is on another case9

&ean: 1e22, do an conditiona2 acce tance on roo7 o7 c2aim9 1here do they get the authority tomake another resentment= .o a conditiona2 acce tance on roo7 o7 c2aim9 Oake them ro4e utheir authority to make another resentment, when you ha4e just charged the e;isting one9 That ishow you use conditiona2 acce tance to get rid o7 your 2iabi2ity9 (nd eo 2e are not doing that9

@F: /kay9 .o you ha4e an e;am 2e o7 a conditiona2 acce tance=

&ean: Cou betcha9


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@F: /kay9

&ean: Sign u 7or my c2ass on Tuesday nights9 + go into that in detai29

@F: 1e signed u 7or it but we are not rea2 good at a22 the Pay a2 account, we kinda screwed ita22 u 9 So we are going to try 7or ne;t Tuesday9 /kay9 1hat about 2aces that say they don5tacce t the 'FTs=

&ean: They do9 1ho says they don5t acce t it=

@F: Pardon me=

&ean: U(T(s ha4e been ut into the Uni4ersa2 ?ommercia2 ?ode, !$!0 9 Te22 them to go read theUni4ersa2 ?ommercia2 ?ode9 (nd go read the Tit2e !", Subsection E00!$E00%9

@F: /kay, we ha4en5t read that, +54e gone thru a 2ot o7 the U?? stu779

&ean: -ead those two sections9

@F: /kay9 1e522 do that9 Thank you 4ery much, you ha4e answered a22 o7 our 8uestions9



67/107

(nge2a: Thank you9 /kay we are going to mo4e a2ong, we ha4e ?2e4e2and with a 8uestion, goahead ?2e4e2and9

?2e4e2and: e22o= ow are you doing=

(nge2a: .o you ha4e a 8uestion 7or &ean eating=

?2e4e2and: &ean, you mentioned, uh, when you were on a ta2k show about a week or two ago,using a constructi4e trust a2ong with the e;ecutor 2etter= (nd + was wondering i7 you can go intothat a 2itt2e bit how you ut the constructi4e trust together, how it was worded, or an e;am 2e o7

that on your Tuesday c2ass= ?an you get into that a 2itt2e bit=

&ean: /kay, a constructi4e trust is what e8uity, a ?ourt o7 '8uity uses to gi4e restitution o7reimbursement to a 2ainti77 when they are in i22ega2, and you can do one9 + ha4e a com 2aint thatwas done by &essee amakurin, it is a -+?/ com 2aint, she ut a constructi4e trust in thecom 2aint to gi4e restitution and reimbursement to the 2ainti77, who she was re resenting9 Thatis how a ?ourt o7 '8uity gi4es restitution to a 2ainti77, when the erson who they are doing aconstructi4e com 2aint against, is in ossession o7 money that they are not entit2ed to9 That ishow you get restitution and reimbursement9 That is what the ur ose and 7unction o7 a

constructi4e trust is9 '4ery tine you go into court, and they bring a c2aim against you, and there isanother 2ainti77 in4o24ed, they are using a constructi4e trust in e8uity9

?2e4e2and: /kay9

&ean: So what + do, is oint the judge as a trustee, and + make him 2iab2e 7or a22 the ta;es and theydro the case9

?2e4e2and: 1hen you a oint the judge, that is art o7 the constructi4e trust=


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&ean: -ight, and you ha4e the ower o7 a ointment under the Power o7 ( ointment (ct o7!6"! because you are the donor9 (nd the donor has that because it is a ?2ass " i7t and 'stateTa;, the donor has tota2 contro2 o7 the ower o7 a ointment9 Cou can a oint anybody9

?2e4e2and: mmmm9

&ean: (nd they ha4e to acce t it9 -ead #030(, and #"!D o7 the Tit2e #%9 That is the Power /7( ointment (ct under Tit2e #%9, it was assed in !6"!9

?2e4e2and: So 7rom your ur4ue, you are using the constructi4e trust as an en7orcement that

wou2d work with the e;ecuti4e 2etters9 +n cases where judges, g2oss o4er and kee mo4ing on9

&ean: Ces it wou2d9 That is what .a4id ?2arence has missing 7rom his e;ecutor5s 2etter9 Cou ha4ethe ower o7 a ointment9 Cou can a oint anybody9 Cou are the ho2der o7 the ower o7a ointment9 1hy= @ecause e4erything is a ?2ass " i7t and 'state Ta;9 (nd the donor contro2sit a229

?2e4e2and: /kay, can that constructi4e trust a2so work, you said on a re4ious ca22 that you werewent into c2aim the ro erty, was that ro erty an e4iction situation=

1hen you said you went in to c2aim the ro erty=

&ean: Peo 2e deeded me the ro erty, ga4e me a grant deed9 They abandoned the ro erty, thiswas three years ago, + sti22 ha4e the ro erty9 They tried to do an un2aw7u2 detainer, they tried todo e4erything9 + Gc2othes$2inedH them9

?2e4e2and: )ow when they ut the un2aw7u2 detainer in, that is when, did you do a conditiona2acce tance, or a constructi4e trust=


69/107

&ean: Ceah, + did a constructi4e trust, + did a77irmati4e de7enses9 They didn5t ha4e the authority toconduct a sa2e9 .id you know that "0K o7 the owners o7 the notes ha4e to certi7y be7ore they cando a substitution o7 trustee=

?2e4e2and: mmmm99

&ean: o read #63D o7 the ?a2i7ornia ?i4i2 ?ode9

?2e4e2and: /kay, we22 you know, the 2etter that you read on the re4ious ca22 with .a4id9

&ean: + wrote that 7or a %0,000 car 2oan9 The judge took the case o77 the ca2endar9

?2e4e2and: + remember you a2so mentioned some /hio 2aw in that case9

&ean:

1e22 it was a22 ?a2i7ornia, 330", which is 330!, 3303 and 33069 Cou ha4e to be a ho2der9 They arenot a ho2der in due course because a note is a non$negotiab2e instrument9 They took it subject toa22 your de7enses and c2aims so i7 + do de7enses and c2aims what are they going to do=

9

?2e4e2and: -ight9

&ean: They can5t 7orec2ose on the ro erty9

?2e4e2and: mmm9, three years huh=


70/107

&ean: + sti22 ha4e itB + wi22 ha4e it three years 7rom now9

?2e4e2and: mmmm9

&ean: .o you know what ha ens when a a er assho2e meets a b2ow torch= a, ha, ha9

(nge2a: 1hat= This is a 7ami2y show, &ean9

&ean: ';cuse my French9 Cou get s ontaneous combustion9

?2e4e2and: -ight9 +5d 2ike to see that, are you going to resent that on Tuesday=

&ean: CeahN

(nge2a: -emind him9

&ean: @ring it u and + wi22 go into it9

?2e4e2and: Fantastic9

(nge2a: + wi22 write it down so>

?2e4e2and: +s there anything that you, do you see the e;ecuti4e 2etters with your know2edge inthe areas o7 e; ertise with trust 2aw and >>


71/107


72/107

?2e4e2and: /nce you ha4e estab2ished a trust, there is no need to go a7ter bonds as en7orcement9

&ean: )o that is a waste o7 time9 Oake them 2iab2e 7or the ta;9

(ctua2 termination9 + am a ointing myse27 the donor as the e;ecutor o7 the estate9 (nd + ammaking you the trustee by the Power o7 ( ointment (ct o7 !6"!9 1hat are they going to say=

?2e4e2and: (nd because you are the occu ant o7 the e;ecuti4e o77ice9

&ean: -ight9 + am c2aiming the e;ecuti4e o7 the 2ega2 estate o7 the decedent9 That is what ismissing on .a4id5s 2etter9

?2e4e2and: @ecause you cannot make that a ointment as the grantor, can you=

&ean: )o, you ha4e to do it as the donor9 @ecause the donor has, + 2ooked this u , + wi22 go into

this in my c2ass and show you the authority 7or it9

Cou ha4e tota2 ower and you are now using it9

?2e4e2and: 1e22, + 2ike the 7act that you bring in Tit2e #%, #"!D and the other was #03 and + amgoing to study but, you bring it in9

&ean: + ha4e the origina2 statutes where they assed it, ub2ic 2aw9 They assed that in !6"!9

?2e4e2and: 1hat is your stance on the &eanra2 ost, i7 the &eanra2 ost is being ignored= + knowwe are sending in 2etters to the Postmaster &eanra2 or Posta2 +ns ector9 @ut i7 the &eanra2 ost is

being ignored, do you use the &eanra2 ost with your e;ecutor 2etter o7 rocess or= /kay, okay9


73/107

&ean: Thank them and send them home without any orridge9

?2e4e2and: (bso2ute2y, bra4o9

&ean: Cou ha4e to show them whose boss9 Cou know what the bottom 2ine is= +7 you don5t knowwhat your rights are, you don5t ha4e any9 (nd do you know what rights are under the Uni4ersa2?ommercia2 ?ode !$#0!= -ights o7 remedies9 +7 you don5t know your remedy, you don5t ha4eany9 That is why most eo 2e are not winning in court9 -emember when it in4o24es rea2 ro erty,you ha4e to be in a 2and court9 )one o7 these courts are 2and courts9 ?ha22enge subject matter

jurisdiction9 +7 the rea2 art o7 interest is not be7ore the court, can the court make a ru2ing=

?2e4e2and: (re you saying most 7orec2osures are in the wrong 4enue because it is not a 2andcourt=

&ean: 1hat is your 7irst c2ue= enue, you are in im ro er 4enue9 (nd you know where they aregetting subject matter jurisdiction by contract, because you are contracting with them9 o inthere and say + am here under s ecia2 a earance on roo7 on c2aim9 + wi22 conditiona22y acce t

your o77er to mo4e 7orward on this case on roo7 that this is a court o7 record and that this is a2and court that has jurisdiction and 4enue under the constitution to 2itigate 2and cases, which iswhat a 7orec2osure is9 )one o7 these courts, and + am not ta2king about a Gnun,H + am ta2kingabout Gnone9H )one o7 these courts ha4e jurisdiction to 7orec2ose on anybody5s ro erty9 Theyare doing it by contract because you are going in there wai4ing jurisdiction, you can5t wai4esubject matter, but you are not raising subject matter jurisdiction9 + ha4e a22 the documentation onthis9 .o you know who .onna @aran is= + s ent two hours on the hone with her this morning9

+7 you sign u 7or my c2ass, + wi22 gi4e you a co y9 They took this o77 the internet because o7 theim act this wi22 ha4e9 This is in o2ume 3D, 2et me gi4e you the site9 + ga4e this to (nge2a today,don5t know i7 she read it, but she can gi4e it out9

This is abo2ishing 2oca2 action ru2es9 First ste towards moderniIing jurisdiction and 4enue inTennessee9 These eo 2e do not ha4e 4enue to 7orec2ose on anyone5s ro erty because they arenot 2and courts9 There is about !00 cases in here, this is a 2aw re4iew, %0 ages 2ong9


74/107

?2e4e2and: For a22 the eo 2e that ha4e>

&ean: ere is another, 2et me say this, uh, e;cuse me 7or interru ting9 Aet me gi4e you this case

site9 Cou can u22 this o77 the internet9 PonIi 4s Fessenden

and it is #" US #"D9 Cou can down2oad o77 the internet, but + ha4e the annotated9 +t says that acourt has dua2 jurisdiction, two jurisdictions9 Aet me read this to you, + wi22 8uote it to you rightout o7 the case9

G1e 2i4e in the jurisdiction o7 two so4ereignties, each ha4ing it5s own system o7 courts to dec2areand en7orce it 2aws in common territory9 +t wou2d be im ossib2e 7or such courts to 7u27i22 theirres ecti4e 7unctions without embarrassing con72ict un2ess ru2es were ado ted by them to a4oid it9

The eo 2e 7or whose bene7it these two systems are maintained are dee 2y interested that eachsystem be a77ecti4e and uninhibited in it5s 4indication o7 it5s 2aws9 The situation re8uiresthere7ore de7inite ru2es 7i;ing the owers o7 the courts in case o7 jurisdiction o4er the same

ersons and things and actua2 2itigation but a2so a s irit o7 reci roca2 commodity and mutua2assistance romote due and order2y rocedure9H Cou ha4e a dua2 jurisdiction9 Aisten to this9

GThe chie7 ru2e which reser4es our two systems o7 courts 7rom actua2 con72ict o7 jurisdiction isthat the court which 7irst takes subject matter o7 the 2itigation into it5s contro2, whether this be

erson or ro erty, must be ermitted to e;haust it5s remedy

to attain which is assumed contro2 be7ore the other courts own attem t to take it 7or it5s ur ose9HThe rinci 2e is stated by &ustice Oathews in ?o4e2 4s aymen9 So which e4er court, e4en i7 thecourt does not ha4e subject matter jurisdiction, i7 they take contro2 o7 it by you contracting withthem, then you ha4e to e;haust that 2itigation, but i7 you cha22enge subject matter jurisdiction,then they ha4e to ro4e it9

?2e4e2and: That is ower7u29

&ean: (nd in F2orida, it is the ?ounty ?ourt9

?2e4e2and: So you know about /hio, and >


75/107


76/107

?2e4e2and: ?a2i7ornia is rea22y>

&ean: They are getting away with murder as eo 2e don5t read the statutes and they are notcha22enging 4enue9 They are going in there and contracting with eo 2e9 Cou can go in there andcontract with them$$$$$don5t contract with them9 That is how they get jurisdiction9 They do it byconsent9 The judge tries to get you to consent9

1hat are you doing when you testi7y=

?2e4e2and: +7 you return the a ers within the E# hours, because there are times when they don5t

get a ser4ice 7or e;am 2e and they wi22 sti22 try to roceed and get a judgment without e4engi4ing ser4ice9

&ean: Ceah, they can5t do that i7 you cha22enge 4enue9 They don5t ha4e 4enue9 + don5t knowanybody that has raised 4enue9

?2e4e2and: mmm9 + hear the jurisdiction thing, but you know you are coming in with 4enue,

you know9

&ean: enue is more im ortant that jurisdiction9

?2e4e2and: That is ower7u2B + am going to check the /hio constitution9

&ean: Ces, because it wi22 te22 you9

?2e4e2and:: (nd we are de7inite2y going to

jean keating interview

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