Turning Fraudulent Debt into a Commercial Injury Claim

Turning Fraudulent Debt into a Commercial Injury Claim

Postby The Freeman-on-the-Land known as Michael » Mon Aug 03, 2009 11:56 pm

If I wanted to turn a fraudulent claim on my property into a commercial injury claim...

NOTICE OF CONDITIONAL ACCEPTANCE

NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT


Dear Credit Banditos,

I hereby serve notice that I conditionally accept the alleged debt and will use my very best endeavours to settle and close the account in the most expedient manner possible, upon receipt of the following:

1. The original promissory note, front and back, associated with the loan
2. All bookkeeping entries associated with the loan
3. The deed of trust associated with the loan
4. The insurance policy on the borrowers’ promissory note associated with the loan
5. The call reports for the period covering the loan
6. The deposit slip for the deposit of the borrower’s promissory note associated with the loan
7. The order authorising the withdrawal of funds from borrower's promissory note deposit account
8. The account number from which the money came to fund the loan to the borrower
9. Any allonge, front and back, affixed to the borrower's promissory note fro endorsements
10. Verification that the borrower's promissory note was a free gift to the lender from the borrower
11. The name and mailing location of the current holder of the borrower's promissory note
12. The name and mailing location of the lender's chartered accountant and auditor for the period covering the loan

Please deliver these reasonably requested items within 7 days of your receipt of this notice at the mailing location provided herein. Failure to do so will comprise the tacit procuration of Credit Banditos' agreement that it is unable to verify and validate the alleged loan, which may result in the initiation of a commercial injury claim to cure the injury done to STRAWMAN.

Without malice, mischief, ill will, vexation or frivolity, in sincerity and honour,



By: Authorised Representative for STRAWMAN
All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted


When dishonoured after seven days...

NOTICE OF DISHONOUR & OPPORTUNITY TO CURE

NOTICE TO AGENT IS NOTICE TO PRINCIPAL
NOTICE TO PRINCIPAL IS NOTICE TO AGENT


Dear Credit Banditos,

Following your company's dishonour of the NOTICE OF CONDITIONAL ACCEPTANCE dated ______________, I hereby serve NOTICE OF DISHONOUR & OPPORTUNITY TO CURE. Therefore, please provide me with the following items without delay:

1. The original promissory note, front and back, associated with the loan
2. All bookkeeping entries associated with the loan
3. The deed of trust associated with the loan
4. The insurance policy on the borrower’s promissory note associated with the loan
5. The call reports for the period covering the loan
6. The deposit slip for the deposit of the borrower’s promissory note associated with the loan
7. The order authorising the withdrawal of funds from borrower's promissory note deposit account
8. The account number from which the money came to fund the loan to the borrower
9. Any allonge, front and back, affixed to the borrower's promissory note fro endorsements
10. Verification that the borrower's promissory note was a free gift to the lender from the borrower
11. The name and mailing location of the current holder of the borrower's promissory note
12. The name and mailing location of the lender's chartered accountant and auditor for the period covering the loan

Failure to deliver these reasonably requested items within 7 days of your receipt of this notice at the mailing location provided herein will comprise the tacit procuration of Credit Banditos' agreement that it is unable to verify and validate the alleged loan, and in so doing, your company may be in breach of the Fraud Act 2006, which clearly states:

2 Fraud by false representation

(1) A person is in breach of this section if he –

(a) dishonestly makes false representation, and
(b) intends, by making the representation –

(i) to make gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if –

(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

In the event that this notice is dishonoured and it is established by the facts of the matter that Credit Banditos have committed fraud, please be advised that STRAWMAN will begin administrative proceedings to recover three times the value of your company's invalid claim.

Without malice, mischief, ill will, vexation or frivolity, in sincerity and honour,



By: Authorised Representative for STRAWMAN
All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted



When dishonoured after seven days...

NOTICE OF DISHONOUR

Notice to the principal is notice to the agent,
Notice to the agent is notice to the principal.


Dear Credit Banditos,

Following your company's dishonour of the NOTICE OF CONDITIONAL ACCEPTANCE dated ______________ and the NOTICE OF DISHONOUR & OPPORTUNITY TO CURE dated ____________,
I hereby serve NOTICE OF DISHONOUR.

For the avoidance of doubt, pursuant to the terms set forth in the aforementioned notices, Credit Banditos and STRAWMAN are now in agreement that:

1. The original promissory note, front and back, associated with the loan, has been sold, lost or stolen
2. All bookkeeping entries associated with the loan are being concealed by Credit Banditos
3. The possession of the deed of trust associated with the loan is being concealed by Credit Banditos
4. The insurance policy on the borrower’s promissory note is being concealed by Credit Banditos
5. The call reports for the period covering the loan are being concealed by Credit Banditos
6. The deposit slip for the deposit of the borrower’s promissory note is being concealed by Credit Banditos
7. The order authorising the withdrawal of funds from borrower's promissory note deposit account is being concealed by Credit Banditos
8. The account number from which the money came to fund the loan to the borrower is being concealed by Credit Banditos
9. Any existing allonge, front and back, affixed to the borrower's promissory note for endorsements, are being concealed by Credit Banditos
10. Verification that the borrower's promissory note was a free gift to the lender from the borrower does not exist
11. The name and mailing location of the current holder of the borrower's promissory note are being concealed by Credit Banditos
12. The name and mailing location of the lender's chartered accountant and auditor for the period covering the loan are being concealed by Credit Banditos

Without malice, mischief, ill will, vexation or frivolity, in sincerity and honour,



By: Authorised Representative for STRAWMAN
All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted


Affidavit of Obligation and subsequent notices to follow shortly.

Peace.
Last edited by The Freeman-on-the-Land known as Michael on Tue Aug 11, 2009 11:20 am, edited 2 times in total.
Nothing, except the truth, is like it seems to be.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby steel » Tue Aug 04, 2009 12:15 am

:clap:
:clap:
:clap:



your very first line is :yes:

I just reopened a judgment last week that I want vacated with one of my points being jurisdiction,
the case had a EXHIBIT A entered as evidence which somehow neglected the reverse side.
Coincidently the reverse side containted a small paragraph that stated where a suit could be brought.
It wasnt where it had been brought.

good post
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby Highspirit » Tue Aug 04, 2009 7:01 am

I just love the templates, they are fantastic and I am using something similar myself with a mortgage company at the moment. This is my second attempt on a second property.

Why? Well I am not sure I got things absolutely correct on my first one and in fairness I am not sure I have everything correct on this one either.

The problem is this.

The lender ignores all the letters, hands the case to their solicitors who go immediately for a possession order. The court/judge ignores the letters and claims and possession is granted.

No authority is granted by the court to have disclosure of the documents you have requested. The court listens to the lenders solicitor saying you are in arrears and then the possession order is granted, no argument, no taking any notice of your letters that have not been responded too or any attention given to your argument. The property is immediately given to the lender.

This is the hurdle I need to overcome. How the hell do we get the court to take notice of our requests/claims. Instead all claims and notices are completely ignored.

Any ideas would be gratefully received :-)
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby city boy 5705 » Tue Aug 04, 2009 7:10 am

Valid Point, HS.
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby huntingross » Tue Aug 04, 2009 7:53 am

Great notices Michael, HS picked up they refer to mortgages, others may miss that. But equally refer to any security.

HS, having watched some Shrout stuff, I have a feeling that the judge may not be avoiding our paperwork, it seems he might not even have it.

It sounds like paperwork may not be crossing from private to public, and to do so requires an evidentiary hearing, or is required to be read aloud in court....the kind of thing with your hand in the air...'for and on the record'

I have no proof of this, but it struck a bell when i heard it in his presentation.
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby city boy 5705 » Tue Aug 04, 2009 8:07 am

Yes HG i saw that video as well, he makes great points about that. Just fancy that , in a court room there are 2 sets of records, one for the clerk and one for the Judge. You send something in to the court, you think it is goin g into evidence and yet it goes into the Clerks file. So when a judge looks at his file, he says, "i see nothing here"

this is a worry, i am going through a process now where i am sending copies of everything into court, how can i be sure that the judge will ever see it in his file, without going there on the day and reading every notice / letter/document that would have already been sent ?

one point though, when my house got repo'd, there was only 1 person in the room. A judge/recorder/disctrict judge
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby huntingross » Tue Aug 04, 2009 8:40 am

hi cityboy

I guess if the only way to do it is to read every piece of paper, then its what you have to do....pain in the arse i know....but if their not playing fair, then court time should be spent doing things justly.

An evidentiary hearing would be a good way to let them know that you know your stuff....the other way to get the private record into the public seems to be Notary Publics....but they don't seem to be as impartial as they might/should be.
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby Highspirit » Tue Aug 04, 2009 8:50 am

Thanks HG, you make some very interesting points.

On my first attempt I didn't attend the court as I was told that the Judge would have sight of all my notices and letters etc. I even called on the day to make sure the Clerk was putting this information into the court file FAO the Judge and the assured me they were and that the Judge would see it.

Then I hear that the decison went against me and the property was repo'd. I called the court to make sure that the Judge had sight of my papers and the Clerk said he had.

Now, it's an interesting point that if the papers remained in Private then he could just ignore them.

I didn't think of that.
Thank you, I now have an idea where I went wrong and should attend in future.

HS
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby Farmer » Tue Aug 04, 2009 9:03 am

city boy 5705 wrote:this is a worry, i am going through a process now where i am sending copies of everything into court, how can i be sure that the judge will ever see it in his file, without going there on the day and reading every notice / letter/document that would have already been sent ?


There is something else that may be going on. I remember seeing a video of a guy in the US who over many years cleaned up the way things were done in the County he was living. What happened was that the police, the courts, the DA etc had developed policies over time that were in fact illegal. What he did was to discover what they had to do by their rules and the law and simply wanted people that did not perform arrested and stand trial. He would insist on something and if it was not done go above that person and get them arrested. This did not happen so he would go above them and so on. The thing was he knew as they did that this would end up in front of a grand jury, which is what scared everyone. At first they would arrest him and do other things, but in the end everything in that county was changed to the way it should be; and according to him, they were actually happy about it because now those that didn’t like the way it was preferred it.

So I think what needs to be done is find out exactly what the duties are of everyone in a courtroom and the rules they have to abide by.
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Re: Turning a Fraudulent Lien into a Commercial Injury Claim

Postby city boy 5705 » Tue Aug 04, 2009 9:42 am

huntingross wrote:hi cityboy

I guess if the only way to do it is to read every piece of paper, then its what you have to do....pain in the arse i know....but if their not playing fair, then court time should be spent doing things justly.

An evidentiary hearing would be a good way to let them know that you know your stuff....the other way to get the private record into the public seems to be Notary Publics....but they don't seem to be as impartial as they might/should be.



any ideas how to get an An evidentiary hearing ? or do you just have to turn up and say everthing out loud to get on to the record

hows about serving the other party's solictors with all the notices as well, after all arent they supposed to be officers of the court with their first duty to that court?
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