UCC Basics & History
From: Matt Brandt
The following pages are a composite of several pieces from various sources that are intended to give you, the reader, a brief overview regarding the present “commercial distress” under which we all live, and how we may learn to “navigate” this commercial “sea” upon which we find ourselves due to our ignorance and the deceit of “government” leaders and the powers behind it. Purchasing “Redemption in Law: Cracking The Code,” would be a wise investment for more in depth learning. ($125 thru Better Books) .
A. GETTING SOME BACKGROUND FROM HISTORY
Today the majority of Americans pay taxes because when they get a job their employer requests that they fill out an Internal Revenue Service Form W-4, which, as a direct result, withholds taxes from their paychecks for their labor. [The majority doesn't have a clue as to why they are paying these taxes in the first place.]
It has been affirmed that labor is a fundamental, unalienable right, protected by the United States Constitution. This fundamental right is not supposed to be taxed.
It is presumed that everyone is expected to know the law. It has been long held that, ignorance of the Law is not an excuse or a defense. The well established maxim that:
“He who fails to assert his rights – HAS NONE!”, unequivocally establishes that just as a closed mouth never gets fed, “a matter must be expressed to be resolved.”
When it comes to dealing with lawyers, government, and the Internal Revenue Service (which is not an agency of the United States Government, but a private foreign-owned corporation) withholding and keeping knowledge from the people is nothing new. It is a common business tactic that has been going on from the beginning of its inception. It will, most likely continue as long as we rely upon lawyers and government to do that which we ourselves should be doing.
In order to find the answer as to why your labor is being taxed, when the Constitution says it is not supposed to be, it is necessary to understand how government exists and operates.
To accomplish this requires a quick review back in history to the time of the War Between the States. The People of this Nation lost their true Republican form of government. On March 27, 1861 seven southern States walked out of Congress leaving the entire legislative Branch of Government without quorum. The Congress of the Constitution was dissolved for inability to disband or re-convene. The Republican form of Government, which the People were guaranteed – ceased to exist. Out of necessity to operate the Government, President Lincoln issued Executive Order No. 2. in April 1861, reconvening the Congress at gunpoint in Executive, emergency, martial-law-rule jurisdiction. Since that time there has been no “?de jure” (sanctioned by law) Congress. Everything functions under “color of law” (the appearance or semblance, without substance, of legal right.) Through Executive Orders under authority of the War Powers, (i.e. emergency, i.e. the law of necessity) the “law of necessity” means no law whatsoever, as per such maxims of law as:
“Necessity knows no law” (the law of forbidding killing is voided when done in self-defense).
“In time of war laws are silent.” Cicero.
To establish the underlying debt of the Government to the Bankers, to create corporate entities that are legally subject to the jurisdiction which they exist, and to create the jurisdiction itself correctly, the so-called (fraudulent and unratified) Fourteenth Amendment was proclaimed and passed in 1868. This was a cestui que trust (operation in law) incorporated in a military, private, International, commercial, de facto (jurisdiction created by, and belonging to, the Money Power, existing within the emergency of the War Powers, the only operational jurisdiction since the dissolution of Congress in 1861. Through the 14th Amendment, an artificial person-corporate entity-franchise entitled “citizen of the United States” was born into private, corporate limited liability. Section 4 of the 14th Amendment states: “The validity of the Public Debt of the United States (to the Bankers) … shall not be questioned.”
Within the above-referenced private jurisdiction of the International Bankers, the private and foreign owned “Congress” formed a corporation, commercial agency, and Government for the “District of Columbia” on February 21, 1871, Chapter 62, 16 Stat. 419. This corporation was reorganized June 11, 1878, Chapter 180, 20 Stat. 102, and re-named “United States Government.” This corporation privately trade marked the names: “United States,” “U.S.,” “US,” “U.S.A.,” “USA” and “America.”
When the United States declared itself a municipal corporation, it also created what is known as a cestui que trust (a trust where one party receives benefits and use while legal title rests in another) to function under by implementing the Federal Constitution of 1871, and incorporating the previous United States Constitutions of 1787 and 1791 as amended, as by-laws. Naturally, as the grantor of the trust, this empowered the United States Government to change the terms of the trust at will. As evidenced under the Federal Constitution of 1871, the 14th Amendment, the People of the United States without their consent, were declared “Citizens” and granted “Civil Rights.” These so-called civil rights are nothing more than mere privileges. Privileges which government licenses, regulates, and can re-interpret to suit it’s purposes at any time for any reason. The Federal Corporate Government also conveniently somehow forgot to disclose to the People that the term “Citizen” with which they have made every living and breathing inhabitant a “subject”, was defined in law as a “Vessel” engaged in commerce.
In 1912, when the bonds, that were keeping the US Government afloat, and, were owned by the Bankers, came due, the Bankers refused to re-finance the debt, and the colorable, martial-law-rule Congress was compelled to pass, the Federal Reserve Act of 1913. This Act surrendered constitutional authority to create, control, and manage the entire money supply of the United States to a handful of private, mostly foreign, bankers. This placed exclusive creation and control of the money within the private, commercial, foreign, and military jurisdiction of 1861, into corporate limited liability.
America converted from United States Notes to Federal Reserve Notes, beginning with the passage of The Federal Reserve Act of 1913. Federal Reserve Banks were incorporated in 1914, and, in 1916, began to circulate their private, corporate Federal Reserve Notes as “money” alongside the nations “de jure” (according to law) currency, the United States Notes. The United States Notes were actually warehouse receipts for deposits of gold and silver in a warehouse (bank), thus representing wealth (substance, portable land; the money of sovereigns), the new flat money (Federal Reserve Notes) amounted to “bills for that which was yet to be paid,” i.e. for what was owed! For the new “benefit” of being able to carry around U.S. Government debt instruments (Federal Reserve Notes) in our wallets instead of Gold Certificates or Silver Certificates, we agreed to redeem the newly issued Federal Reserve Notes in gold and also to pay interest for their use in gold ONLY! Essentially, the Fed issued paper with pretty green ink on it and we agreed to give them gold in exchange for the “privilege” of using it. Such was the bargain.
Through paying interest to the Federal Reserve Corporation in gold, the US Treasury became progressively depleted of its gold. America’s gold certificates, coin, and bullion were continually shipped off to the coffers of various European Banks and Power Elite. In 1933, when the Treasury was drained and the debt was larger than ever (a financial condition known as “insolvency”), President Roosevelt proclaimed the bankruptcy of the United States. Every 14th Amendment “citizen of the United States” was pledged as an asset to finance the Chapter 11 re-organization expenses and pay interest in perpetuity to the CREDITORS (Federal Reserve Bankers) and the “national debt”, (“which shall not be questioned”).
On March 9, 1933, Congress passed the Amendatory Act (also known as the Emergency Banking Relief Act) to the Trading with the Enemy Act (originally passed on October 6, 1917) at a time when the United States was not in a shooting war with any foreign foe and included the People of the United States as the enemy.
At the conference of Governors held on March 6, 1933, the Governors of the 48 States of the Union accommodated the Federal Bankruptcy of the United States Corporation by pledging the faith and credit of their State to the aid of the National Government.
Senate Document 43 of the 73rd Congress, 1st Session (1933) did declare that ownership of ALL PROPERTY is in the STATE and individual so-called ownership is only by virtue of government, i.e. law amounting to “mere-user” only; and individual use of all property is subordinate to the necessities of the United States Government.
Under House Joint Resolution 192 of June 5, 1933, Senate Report No. 93549, and Executive Orders 6072, 6012 and 6246, the Congress and President Roosevelt officially declared bankruptcy of the United States Government.
Regardless of the cause or reason, what many American’s either do not understand and/or have failed to seriously grasp, is that by the use of Federal Reserve Notes; (which Is not Constitutional Money defined under Article I Section 10 of the United States Constitution), the People of the United States since 1933, have not had any Constitutionally lawful way to pay their debts. They therefore have not had any way to buy or own property. The People, for the benefits granted to them by a bankrupt corporate Government, discharge their debts with limited liability using Federal Reserve Notes. They have surrendered, by way of an unconscionable contract, their individual Rights under the Constitution, in exchange for mere privileges!
A review of countless United States Supreme Court decisions since the 1938, landmark case, Erie Railroad v. Tompkins, (304 U.S. 64-92) clearly establishes that only the State has Constitutional Rights, not the People. The People have been pledged to the bankruptcy of 1933. The federal law administered in and by the United States is the private commercial “law” of the CREDITORS. That, due to the bankruptcy, every “citizen of the United States” is pledged as an asset to support the bankruptcy, must work to pay the insurance premiums on the underwriting necessary to keep the bankrupt government in operation under Chapter II Bankruptcy (Reorganization). That upon the declared Bankruptcy, Americans could operate and function only through their corporate colored, State created, ALL-CAPITAL-LETTERS-NAME, – that has no access to sovereignty, substance, rights, and standing in law. The Supreme Court also held the “general (Universal) common law” no longer is accessible and in operation in the federal courts based on the 1933, bankruptcy, which placed everything into the realm of private, colorable law merchant of the Federal Reserve CREDITORS. To take this to a different level and not only explain why you pay taxes, but also why you do not own the house you live in, the car you drive, or own anything else you think you’ve bought and paid for etc. The State Government and its CREDITORS own It all. If you think you own your home just because you believe you paid it using those Federal Reserve Notes, just like everything else you possess by permission of Government, simply stop paying your taxes, (user-fees), (licenses) and see just how long Government and the CREDITORS allow you to keep it before they come to take it away from you.
How can all this really be? Why haven’t you been told all of this before now? Ignorance of the law is no excuse. Every man is deemed (required) to know the law. Government expects you to know the law, and holds you fully accountable for doing so. Ignoring these facts will not protect you. The majority of American’s have been given a Public Education to teach them only what the Public, i.e. government (CREDITORS) wants them to know. It is and always has been each individual’s personal responsibility, duty and obligation to learn and know the law.
What this breaks down to is this: Back in 1933, when the United States went into bankruptcy because it could no longer pay its debts it pledged the American People themselves without their consent as the asset to keep the government afloat and operating. Because government no longer had any way to pay its debts with substance, was bankrupt, it lost its sovereignty and standing in law. Outside and separate from Constitutional Government, to continue to function and operate, it created an artificial world consisting of artificial entities. This was accomplished by taking everyone’s proper birth given name and creating what is called a “fiction in law,” by way of an acronym, i.e. a name written in ALL-CAPITAL-LETTERS to interact with. A name written in ALL-CAPITAL-LETTERS is not a sentient, flesh and blood human being. It is a corporation, fiction or deceased person. Government as well as all corporations, including the Internal Revenue Service cannot deal interact with you or interact with you via your proper name given you at birth, only through your ALL-CAPITAL-LETTERS-NAME! Another little tidbit of knowledge, which has been conveniently kept from the People is this: When the Several united States signed the treaty with Great Britain ending the Revolutionary War, it was a concession that ALL COMMERCE would be regulated and contracted through British Attorney’s known as Esquires only.
This condition and concession still exists today. No attorney or lawyer in the United States of America has ever been “licensed” to practice law (they’ve exempted themselves) as they are a legal fiction “person” and only an “ADMITTED MEMBER” to practice in the private franchise club called the BAR (which is itself an acronym for the British or Barrister Aristocratic or Accreditation Regency), as such are un-registered foreign agents, and so they are traitors. Esquires (Unconstitutional Title of honor and nobility = Esquires), foreign non-citizens (aliens) who are specifically prohibited from ever holding any elected Public Office of trust whatsoever! Article I, Section 9, clause 8, states: “No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept any present, Emolument, Office, or Title, of any kind whatsoever, from any King, Prince, or foreign State.”
As a direct result, attorneys and lawyers cannot and do not represent you in your proper birth or given name. Attorneys and lawyers re-present corporations, artificial persons, and fictions in law – ONLY! What the majority in this country fail to recognize is this: because of the bankruptcy and having been pledged as an asset to the National Government’s debt, this makes all citizens DEBTORS under Chapter 11. DEBTORS in bankruptcy having lost their solvency – - have NO RIGHTS nor STANDING IN LAW and are at the mercy of the CREDITORS.
All courts today sit and operate as Non-Constitutional, Non-Article Three Legislative Tribunals administering the bankruptcy via their “statutes,” (“codes.”) All Courts are Title 11 Bankruptcy Courts where these statutes are, in reality, “commercial obligations” being applied for the “benefit” or “privilege” of discharging debts with limited liability of the Federal Reserve-monopoly, colorable-money Federal Reserve Notes (debt Instruments). This means every time you end up before a court – not only do you NOT have any standing in law to state a claim upon which relief can be granted, YOU HAVE NO CONSTITUTIONAL RIGHTS! Why? Because you are a DEBTOR under the bankruptcy and in addition to having contracted away your rights in exchange for benefits and privileges; you do not have one single shred of evidence to establish otherwise. In bankruptcy ONLY CREDITORS have rights!
In a nutshell, as a DEBTOR, it is impossible for you to access Constitutional Rights, they are reduced to mere privileges which are licensed, regulated, and can be altered, amended and changed to meet whatever the particular or special needs of government for whatever whim. If taking away your home, your car, taxing your labor, or locking you up for violating any of the Sixty MILLION plus legislatively created DEBTOR codes and statutes they have on the books today happens to meet the needs of government ? it really doesn’t take a rocket scientist to realize who the loser will be!
B. IS THERE REALLY A REAL REMEDY?
Is there really a real remedy to what has been done? Quite simply, yes! There is one way and one way only you can protect yourself, your family, and property from this public obligation. Only through an underlying Security Agreement and filing a UCC-1 Financing Statement can you gain this standing. Accepting For Value your Birth Certificate and executing a lien upon the governmentally created ALL-CAPITAL-LETTERS-NAME by you in your proper Birth given Name as the Secured Party, and listing anything and everything you own, will own, or possibly ever could own, as collateral in the Security Agreement, can you effectively and permanently remove yourself from the status of a DEBTOR to that of a CREDITOR, and actually own property, have access to enforceable Constitutional Rights.
By filing a UCC-1 Financing Statement, you become an actual CREDITOR with standing in law and acquire the ability to stake a claim upon which relief can be granted, and not have the fruits of your labor taxed simply following up the UCC-1 Financing Statement with a Public Notice and Declaration/Depositum Declaration, can you, as a CREDITOR, acquire and access actual Original Jurisdiction Constitutional rights, that can be enforced. Without a UCC-1 Financing Statement, and the underlying Security Agreement, everything you have is pledged and owned by the State. You merely are the user of the property and must use that property in strict compliance with all the rules and regulations established by the State. If acquiring actual Original Jurisdiction Constitutional Rights and having the ability to own property free from government controls, and the ability to earn a living without taxation interests you, you have nothing to lose and everything to gain by executing this document. Only through filing a UCC-1 Financing Statement and Security Agreement is it possible for anyone to legally access Constitutional Rights.
To try and break this down even further. Few people truly understand the words “slave and slavery.” The biggest benefit in filing a UCC-I Financing Statement is that you will no longer be a slave. The fact is, most dictionaries fail to provide an accurate definition of the words “slave and slavery.” Even Webster’s 1828 edition of the English language dictionary fails in its attempt to define the true meaning of the word “slavery”: “Slave: a person who is wholly subject to the will of another.” Slavery is not a matter of being totally 100% subject to the will of another. Any person, who is to any degree involuntarily subject to the will of another, is still a slave. There are no degrees of slavery.
The second part of the 2nd definition of slave provided by Webster’s 1828 Edition is: “One who surrenders himself to any power whatsoever,” which is closer to the real point. The Uniform Commercial Code [UCC] governs ALL commercial transactions in the United States. Any “person” including government corporations, agencies, etc., involved in the “sales of goods, commercial paper, bank deposits and collections, letters of credit, bulk transfer, warehouse receipts, bills of lading, investment securities, and secured transactions” is governed by the UCC. The “A” form of Uniform Commercial Code is adopted by all States. To comply with the Uniform Commercial Code in your state, a UCC-1 Financing Statement must be filed with the Secretary of State [or by a private provider], by any “person” who makes a claim against any other “person” in the area of commerce. All government agencies, (city, county, state and federal), operate in commerce and all of them, including the Internal Revenue Service, are private corporations. All Courts operate in commerce. All Banks operate in commerce. All corporations operate in commerce and all of these “entities” exist financially because WE are their collateral. They borrow on our “credit.”
At one time, our currency was backed by or given substance by gold or silver. It has been thought by many, since the United States took the substance of gold and silver away, that Federal Reserve Notes were simply worthless paper, backed by nothing at all. That is not correct! Today, real people, citizens of the several states, you, me, your children, etc., back Federal Reserve Notes, much the same way that gold and silver did in the past. In other words, the living, breathing people guarantee or provide the substance for ALL money that is created. The Federal Reserve Bank clearly states: “Federal Reserve Notes are backed by the Full faith and credit of the American People.” Blind Faith sets forth that YOU trust THEM. Who? None other than the Federal Reserve!
Credit means something is due you! The Federal Reserve uses our credit to create ALL money. All of the money created belongs to the American People and the deceit of the Public and private corporations is so complete, they create it, charge it to us as a debt and then tack interest to it on top of that. How did the American People become collateral for the debt instruments known as Federal Reserve Notes? It was given to the Federal Reserve by a corporation called the United States, the very same corporation that created the Federal Reserve. As discussed previously, in 1933, when President Roosevelt declared a national emergency because the United States could no longer pay its debts. At least that was the spin given to the American People. All of the subsidiary States agreed to support the declared bankruptcy by “pledging” the energy of their “citizens.” Their assets consisted only of State Citizens. The States in turn used the Birth Certificates to pledge the State Citizen as collateral to keep Government afloat. That is how the American People became collateral for the Federal Reserve Notes and so-called debts. The American People became warehouse receipts, like a warehouse full of any type of valuable goods. All of this, however, was a major fraud. Neither the Internal Revenue Service nor any other entity like Government files a UCC-1 Financing Statement into the Commercial Registry with the Secretary of State. If they did, they would instantly become subject to all the regulations of the Uniform Commercial Code. The Internal Revenue Service has done very nicely by bluffing and intimidation, as all others mentioned, by operating under “Public Policy” where there is in, reality “No Law” at all! The State Citizen is drawn “into commerce” when their Birth Certificate is registered and sent to the Commerce Department in Washington, D.C. This is where the American People became warehouse receipts upon which all of the money printed and circulated is created and guaranteed. In short, the American People became the collateral for all debts. They, “The People,” allegedly are “Government” property! Government is a “fiction” and an artificial person and deals with us as a fiction or artificial persons only as stated before. To take this still to another level, let’s use an example to explain and use the name of John Henry: Smith. When John Henry: Smith was born, his parents gave him the Christian name of John Henry and he shared the name of Smith with all the other members of his family. He was born a living, breathing being. When his Birth Certificate was sent to the Department of Commerce, it was registered and the Government, because it was bankrupt, turned his “real name” into a fiction. His new fictional name became JOHN H. SMITH or John H. Smith. His ALL-CAPITAL-LETTERS NAME was registered as a corporation at the Puerto Rico Department of State Corporations (Departamento de Estado – Division de Corporaciones) P.O. BOX 3271, SAN JUAN, PUERTO RICO, 00904-3271, making him liable for taxes. He is now a fiction or artificial person; a non-living, non-breathing “person.” It is a “strawman” (Lat. stramineus homo) or “fiction” which government brings all its so-called charges against and NEVER against the real person. Just like “yours,” his driver’s license now reads JOHN H. SMITH or John H. Smith. When he signs a 1040 Tax Form, he dutifully fills out the form as John H. Smith and then signs his name “under penalty of perjury, ” thereby admitting he will be responsible for all the taxes of JOHN H. SMITH, a fiction in law, corporation. Look at your driver’s license and see whom it is issued to. How can government use a form of our name and turn it into a fiction (corporation) without our permission? They can’t, we sign our name to all of their forms, which is purely voluntary “permission-in-ignorance.” In short, we do it to ourselves!
However, for those who wish to control and own this fiction and prohibit government corporations, including the Internal Revenue Service from making so- called charges against it, a remedy is available: to do this by executing a UCC-1 Financing Statement! John Henry, Smith would simply do what Government and the Internal Revenue Service does not do: File your UCC-1 Financing Statement into the Commercial Registry with the Secretary of State [or private provider] and claim EVERYTHING related to JOHN H. SMITH or any derivative name, corporate fiction; i.e.: the Birth Certificate and Social Security Card and Number. The living, breathing, real person then owns and controls the fictitious entity, including all contracts related to the Birth Certificate and Social Security Number.
Thusly, the real John H. Smith secures all rights, interest and title in the fictitious entity. Now, government and the Internal Revenue Service has to deal with John Henry: Smith but they cannot!, because he is no longer subject to government control. Every living breathing person has both a Social Security Card and an Employer Identification Number (yes, there are exceptions). The Internal Revenue Service calls the Social Security Number our Taxpayer Identification Number (TIN). Never do they mention our Employer Identification Number (EIN). What, you are not an employer, so you do not have an EIN? But wait. Yes you do! We are all employers and every one of us has an EIN. If you apply for a new Social Security Card (not a new number), on the backside of the card written In Red is your Employer Identification Number. Government workers are all employees. EVERY SINGLE ONE OF THEM! Government employees work for us!, we are their employer! That is why, when you read the Tax Code to find the definition of “employee,” under Title 26 United States Code, at Section 3401(c), the term “employee” specifically includes officers and employees, whether elected or appointed, of the United States, a State (Federal State), Territory, or any other political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. EVERY ONE OF THEM ARE EMPLOYEES – THE AMERICAN PEOPLE ARE THE EMPLOYER. Write to the Bureau of Vital Statistics in the Capital of the State where you were born and request a copy of your Birth Certificate. Request a Certified copy. Never mind that you have a copy right now. More likely than not it came from the County in which you were born. The number assigned to your Birth Certificate by the Vital Statistics Office is of primary importance when executing your UCC-I Financing Statement.
C. RELIEF IS AVAILABLE WHEN YOU HAVE KNOWLEDGE
What can filing a UCC-1 Financing Statement do for you besides everything described thus far? Let’s throw a few more examples onto the table to explain. As previously stated, the only real thing in the United States is the American People. Corporations are fictions – DEAD ENTITIES! Let’s use a fiction called GENERAL MOTORS for our explanation. Since the inception of GENERAL MOTORS which was originally created by another corporate fiction we call government, they have borrowed into existence countless billions of Federal Reserve Notes. Today GENERAL MOTORS proudly calls themselves one of the largest corporations (a fiction) in the world! It is taught that stockholders of GENERAL MOTORS “own” GENERAL MOTORS. The real truth is the American People own everything produced by GENERAL MOTORS – free and clear. Isn’t it interesting this fiction charges us the American People for what already belongs to us – and then to add more insult to injury – they tack on a little interest to boot! When Internal Revenue sends a letter or Notice to the fiction JOHN H. SMITH and says “Our records indicate you owe $15,000.00.” John Henry: Smith, who has filed a UCC-1 Financing Statement now has multiple options as to how he chooses to deal with this matter. John Henry: Smith knows full well he must respond to the presentment he’s just received from Internal Revenue in a timely manner. Depending on the Notice or Presentment he’s received he has either ten (10) days or thirty (30) days to respond. If he does not know what his time frame is to respond in is, to play it safe, it would be best for him to respond before the ten (10) days expires. John Henry: Smith knows that if he doesn’t respond, after the allotted time. If he fails to respond, the Internal Revenue will enter a Default Judgment against him. Because he failed to object to the bill or ask any questions about it, having defaulted, the amount can lawfully be collected from him. John Henry: Smith also knows that you never argue the amount of deficiency in any tax case. If you are not required to file, you should not care whether they say you owe fifteen thousand dollars or one hundred and fifty thousand dollars. If you are not required to file, the amount doesn’t matter. You never argue the amount because that is a fact issue. The reason for this is, usually when you receive a Notice of Deficiency, it is for some unworldly amount. The Internal Revenue Service wants you to run in and argue about the amount. The minute you say, “I don’t owe that much,” you have just agreed that you owed something and conceded jurisdiction. The proper way to respond is to honor their presentment conditioned upon the production of a certificate or proof of claim. This is a process that can be utilized after you decide whether or not you will file a UCC-1.
Real folks all across America are filing UCC-1 Financing Statements and ridding themselves of the debt and fraud of this beast system called by many as government and their created fictions. It has been established, “Lawyers and Attorneys have written well over Sixty Million Codes and Statutes to confound and confuse the American People and enslave them.” None of these Codes or Statutes apply to any living, breathing, people who claim their heritage through what God has preserved. The fact that many Americans are filing UCC-I Financing Statements and commercially liberating themselves has caused major alarms to go off with Government and the CREDITORS. After filing your UCC-1 Financing Statement, it can be used by the real person to obtain what is known as a “Security Interest” in the fiction (aka Strawman) whom the Internal Revenue Service uses to force, intimidate, threaten and compel the real flesh and blood person to pay what are called taxes. Under the Uniform Commercial Code, a Financing Statement is used under Article IX to reflect a Public Record that there is a Security Interest or claim to the goods in question to secure a debt. The Financing Statement is filed by the Security Holder (real person) with the Secretary of State [or private provider], or similar public body, and as a result becomes Public Record. As a party with ownership of the fiction or (Strawman), you become the Secured Party with ALL RIGHTS, INTEREST, AND TITLE in the fiction’s Birth Certificate, Social Security Number, Driver’s License, Automobile, Certificates of Title, Credit Cards, Loans, Property, Taxes, etc., etc.! So what did it cost the moneychangers to enslave the American People? Nothing! The same is true for commercial freedom: “For thus saith the Lord, Ye have sold yourselves for naught (nothing), and ye shall be redeemed without money.” Isaiah 52:4
Uniform Commercial Code: The Law of the Land
Ever heard the statement: “The constitution has NO place in the courts and your life?” When one argues a “Costitutional” position whether in the courts or society that position will NOT prevail. Why? We grew up with the concept of personal freedom and constitutional rights. Yet, even to the most causual observer America is NOT free. The Constitution is NOT in effect in the courts of this land. Ask any judge, he will quickly tell you the constitution is not permitted in his courtroom.
Every company, corporate entity or any organization is governed by a charter, by-laws, or some sort of ‘constitution’ that will legally dictate and control the operation. Ever stop to consider that if the Constitution is NOT the charter for the Federal government and society what is the “law” of that society?
Then what is the law and ‘constitution’ of the federal government and society in which we live? The Uniform Commercial Code! If you think that is a stretch of the of the imagination study through the contents of this web site. You will come to a legal understanding of how/why you have become a slave to the society (democracy) around you. Then you will understand how to regain your freedom and ‘constitutional’ rights.
The only thing prohibiting your freedom is legal awareness and lack of information. ALL; i.e., EVERY thing or action you do is ‘commercial’. You can NOT function except through a ‘commercial contract’. It is well established that a legal fiction (corporation, government, etc) cannot directly approach a ‘private’ individual. When government, court, tax, and corporate agents approach you in person, via the mail, over the phone, etc., they are soliciting your consent for “voluntarily” entering into a commercial contract and “doing business.” The controlling law for these contracts is the Uniform Commercial Code.
All governments are corporate, for-profit operations. The U.S. [federal] Government and its administrative agencies bring suits against people and other government entities every day. In the legal system there is no difference between civil and criminal jurisdictions; each is commercial. All crime (including murder) is commercial, i.e. has a monetary value affixed thereto. 27 CFR 72.11 spells this out in unequivocal terms. Nowadays it is common for both artificial and flesh-and-blood entities to settle criminal charges out of court, i.e. via payment. [Note: committing a crime is a physical impossibility for an artificial person/corporation, but such are charged criminally almost every day.]
The Uniform Commercial Code at Article 1, §103 it states:
§ 1-103. Supplementary General Principles of Law Applicable.
Unless displaced by the particular provisions of this Act, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, Bankruptcy, or other validating or invalidating cause shall supplement its provisions.
What they’re telling us is that all other law – common, constitutional, equity, bankruptcy, etc. – is only supplemental to the supreme law of the land – the Uniform Commercial Code. If we don’t proceed on the basis upon which they proceed, then we will lose due to failure to procedure, not substance.
A little more.
The information here is compiled right from the UCC Code. Right from the latest changes, and from some of the most powerful codes this planet has ever seen; And I mean planet! In order to understand what it is that we actually do, I need to go back and explain why we’re doing what we’re doing.
The whole thing started obviously when we had 13 signers to an Original Declaration of Independence. That was an underlying contract that was signed by thirteen different leaders that said “No more.” “We are done, we are independent from you. We are going to do our own thing.” And that contract led up to another one which is known as the Constitution and another The Bill of Rights etc., etc. etc.. the Articles of the Confederation.
These contracts were what formed a nation here over 200 hundred years ago. It was formed under contract and Sub-formed under codes, rules and regulations. In 1871 the United States set up a system that was called the District of Columbia Organic Act. At that point in time there was only a government and a people, individually based upon the contracts that were written almost a hundred years prior to The Constitution, the Articles of Confederation, etc. etc.. This new act, called the District of Columbia Organic Act created the first Corporate Government that the United States of America has ever seen, and it created a new wild beast that most people don’t see. Because it’s Corporate America, it has everything to do with commerce; it’s under Contract Law. Shortly thereafter, they created what is known as the Bureau of Vital Statistics. The Bureau of Vital Statistics is what formed a birth certificate / chattel paper. This birth certificate was the first time that the United States ever seen a Corporate person known as a Dummy, a strawman, a juristic person or any other kind of fictitious corporation that you can put in your mind and just think about, is a fiction, third party front, a dummy. It is not you, it is a word that reflects chattel paper. It’s a contract.
These contracts enabled the Corporate United States to contract with a Corporate U.S. I’ve heard many people, attended many different seminars, I’ve read a lot of different information and I’ve talked to a lot of people who use the UCC. And the UCC is a contract. But, what people have to understand is how they incorporated themselves. They see that one of the biggest problems with some of past or even present information that’s out there is a lot of people want to go back to the law. Well, under these contracts that we’re speaking of, you became a surety. The surety was responsible to pay for all this Corporation’s new existence such as the Federal Reserve, such as the IRS, such as the Social Security Administration. I hope that everyone out there understands why this corporation is starting to exist and how it came about and how they get to us. They don’t deal with us, they deal with our Dummies/Strawmans. The fictional you. Your Driver’s license, your social security card, most all bills that you get, most anything you get will have your Strawmans name, it’s Your name in all capital letters. It is a created US citizen you, Not the Real flesh and blood you. It is your front.
When they started to contract and they switched over our gold, which was in 1933, they took all of our gold and they started using a paper currency. Which is a Federal Reserve note, the dollar bills that we carry around. When they created that new little creature the Corporate America was free to use as much of this paper currency it wanted to. It didn’t have to use the gold and silver so it could just exchange promises from one hand to another. Again, all of this you have to sit back and understand that a Corporation is coming after you. Not Mr. General Motors, general motors the nobody. It is just a fiction.
The information that we’ve gotten and use is compiled from many, many, many years of research, study, trial, and a lot of errors because people can’t understand the whole concept behind it, which I couldn’t either. I didn’t even grasp that at one point in my life. The information that we’re going to give you is how to protect yourself, how to make yourself secure from liens, levies, and judgments. How to be able to look at yourself, your spouse and kids and say “I’m free”. “Let me do whatever I want to do and I’ll be a responsible person and I’ll just do it”. And it really will change your life forever. Because you will be able to stand there and say “No thank you, I do not want to do business with you.” It really is that simple once you understand the concept.
Our concept is not going into court. A lot of people have to, a lot of people wait until the last minute to decide that they have to do something and then they’re normally caught in a “fire drill” and that’s a lot of times when mistakes are made, because it’s so fast, we call this a fire drill. So we’re trying to recommend to everybody out there to get your hands on something ahead of time. Do something well in advance before you have a problem and that way you’re pretty much protected. And the reason I say that is not to say that “Well, if I start doing this paperwork, am I going to draw attention?” No, the point I am trying to make here is that the percentages of people who have some form of issue, whether it be by a local official, a state official, federal official, your county commissioner, your tax guy, the local cop down on the corner by Dunkin Donuts, everywhere you turn they’re asking for money. The bottom line is, you get a speeding ticket, they’re asking you for money. Then they want your tax line, you turn here, and they take it out of your paycheck. You turn back this way and they slap you in jail and then take more of it. Then they come take your house. Problems happen to people all the time. If you look at it, the percentage of people that have some form of issue, with any of those agencies is extremely high. And it will probably happen to you sooner or later.
So, what our program does is give you the knowledge and it give you the opinion, education to be able to stop living a life like that and just say, “I want to live my own life.” “I don’t care about that person there, I care about me and me wants to be free.”
That’s the way we look at it and I know a lot of other people do too.
The new article 9 provisions inside of this UCC just revolutionized a lot of things and that’s what we base our information on. Our information is accurate, up to date and it works. Because if you look inside the Bill of Rights, most people know we got them, but most people don’t understand what the two sections are. You have to stand back and look at the overlying contract. Article One through Five are constitutional safeguards. It’s says we have the right to speak, we have the right to keep our guns, we have the right. That’s the first Five. Well the last Five are against our elected officials saying, “You can’t do this, and you can’t do that.” Well, why is it we can’t drive down the road without getting pulled over, asking for money? Because we have contracted our entire lives away and didn’t even realize it. We contracted for a house, we contracted for a car, we contracted for a credit card, we contract for everything. You’re still a Sovereign human being. You just have to un-contract all the small implied adhesion contracts that you’re attached to by your own signature (signature: “the act of putting one’s name at the end of an instrument to attest its validity.” Black’s Law Dict., 6th Ed.; autograph: “one’s handwriting; written with one’s own hand.” ibid.)
So what the UCC does is it actually goes in, it allows you to take those contracts and regain Ownership of those listed properties. Once you have regained control, you can stand up and say, “This is my contract. I don’t agree or consent.”
The consent thing is a large one. It’s something that has worked in all levels; it works everywhere because it is The Law. I’d like to repeat that because it is The Law. When you’re looking at a consensual encounter, the first that happens when you get pulled over for instance, what happens to you? What do they do to you? What’s the first thing they ask you for? “Can I see your drivers license, registration or can I see your papers?” They are asking you to voluntarily o give them some papers so that they can prosecute you. Why? Because they have the contract and they can do that. You signed that driver’s license, you didn’t know it, but you signed all your rights away. You didn’t even know it.
From the Fourth amendment is where we get this “consent thing.” And your Fourth amendment is probably the most powerful amendment, powerful law, and powerful set of words in Law that I can think of. If you have anything that you would like to study on, outside of our website, it should be the Fourth amendment. (Brown vs. TEXAS)
Consent. I do not agree or consent. What they are doing to you is that “They” as a corporation are coming up to you as a corporation and asking you to contract with them. They have no evidence that you are anything but that fiction. “I’m sorry, I don’t want to do business with you.” And the information works because of the way that the code is set up, it enables you to make claims on your property. That’s what the UCC is, so many people that I talk to in the past have said, “You file your UCC and your problems will go away.” That is so far from the truth. I don’t even want to comment any further than that.
A UCC-1 is an asset protector and it allows you to register property that you are making a claim upon. That is what it is. If there is no claim, you can’t claim back on it. So right now, up until this point if you’re new to this, you didn’t understand any of what we just said, but it’s starting to become clear to you now as though it’s a corporation against a corporation and you have to step back behind the scene there and realize that the IRS, the State of Michigan, the United States, are all fictions coming after you. They don’t exist. You can’t call Mr. IRS to the stand in a court room. He won’t show up. We’ve been looking for him for years. We can’t find him. We’ve been looking for another guy called Society, for quite some time, but we can’t find him either. They don’t exist. So, if they don’t exist, then they can’t make the claim on the property. You can though. Once you make your claim, You got a claim in there. If anyone was to try to infiltrate your property, NOW you have stated a claim, under which release can be granted to you. You now hold a Superior claim. In the format that we’re using this information goes directly at the individuals so to speak, not the IRS, but the agent working for them. The fiction does not exist, only the agents that are “moving” the fiction. What we have to offer is the information that goes to them. It informs them, it lets them know, “I have a claim, please provide me with superior claim if you want me to perform/pay.” They do not have it.
A synopsis: There is a corporate government and a real government and they have created a fictional you, which is known as a strawman. And this corporate government is doing just what McDonald’s is doing when you pull up to McDonald’s. “May I help you?” “Sure, I’ll take that, that and that.” “OK, that will cost you $5.68″. They are conducting business with you. And you have the right to decide whether you want to conduct business with with them. You can do so with whomever you wish to. If you don’t wish to do business with somebody, you don’t have to. No one can force you to. It is the same concept. It’s just we set our groundwork and do our claim ahead of time. We’re learning to conduct our commercial affairs for our protection and benefit rather than for the quasi-government’s advantage, or any other person’s or corporation’s benefit.
Filing a UCC-1, [is done thru a FCUSA exclusive online process and NOT filed with the Secretary of State. This keeps the control with you via your agent FCUSA. When you file with the SOS, they keep the ORIGINAL papers and thus retain control of your documents to do as they please not as you please.] The sooner we learn, the more capable we become in protecting ourselves, our families, our property, and our interests. Welcome to the real world! You are coming out of the “reel” world of the “Wizard of Oz” and “Alice in Wonderland.
Once you file your UCC1 “correctly” [GL process] you can begin an Administrative Remedy (AR). An AR is based on Admiralty Law which goes way back and consists of a series of 8 letters which is sent to the CEO of the lending institution that your mortgage [debt; aka credit card, student loan, auto loan, IRS] was filed with. Each of the letters must be noterized prior to being sent and is very precise in wording and content. Basically you first must determine who you wish to file an AR against. This can be any creditor or any lending institution, who committed fraud by obtaining funds, based on the use of your Straw man on the international market. These lending institutions are a legitimate source for an AR.
Once you file your UCC1 “correctly” [GL process] you can begin an Administrative Remedy (AR). An AR is based on Admiralty Law which goes way back and consists of a series of 8 letters which is sent to the CEO of the lending institution that your mortgage [debt; aka credit card, student loan, auto loan, IRS] was filed with. Each of the letters must be noterized prior to being sent and is very precise in wording and content. Basically you first must determine who you wish to file an AR against. This can be any creditor or any lending institution, who committed fraud by obtaining funds, based on the use of your Straw man on the international market. These lending institutions are a legitimate source for an AR.
[In the case of a mortgage, auto loan or student loan, you will need the amount paid to the bank to date (principle, interest and late fees). This is your claim amount.
[In the case of a credit card or line of credit, simply use the highest credit limit given you regardless of balance or amount paid. This is your claim amount.
[The total claim amount for each bank is then multiplied by 4 for compensatory damages, then 200 for punitive damages for a total of 800 times your claim amount. This is your total award amount. At completion of the process, the notarial judgement will be submitted for payment and you will be elligible for a percentage of this total.]
[editor]
Strawman
What is a Straw Man?
We all need to know the answer to this question.
Are you a Straw Man?
Do you own the Straw Man?
Do you control the Straw Man?
What is a transmitting utility?
Straw man,as defined in Black’s Law Dictionary, 6th Edition: A “front”; a third party who is put up in name only to take part in a transaction. Nominal party to a transaction; one who acts as an agent for another for the purpose of taking title to real property and executing whatever documents and instruments the principle may direct respecting the property. Person who purchases property for another to conceal identity of real purchaser, or to accomplish some purpose otherwise not allowed. Stramineus homo,
Black’s Law Dictionary 4th Edition: A man of straw, one of no substance, put forward as bail or surety. There is no telling when the conversion happened; but one of the major events was the incorporation of the United States in 1871, with the final act occurring in 1878. It appears from the Statutes as Large that this was only the incorporation of the District of Columbia, but in the final act there is a phrase, “District of Columbia or United States” making the phrases interchangeable and allowing the United States to operate as a private corporation to do business.
The so-called “government” operating in this country today is not the government created by the Constitution, it is a Corporation operating in COMMERCE for a PROFIT. Every transaction is now considered by the US, INC., to be a commercial transaction by fictional entities. (fictions at law)
A fiction at law, or legal fiction, is an artificially created entity that is only contemplated in law. In other words, it is not real except in the eyes of the law written by men.
Legal fictions are the opposite of natural entities, such as people. A created legal fiction is endowed by the law to have some privileges that resemble the rights that people have, such as the right to hold property and to sue.
Page 1 of 4
Legal fictions are the opposite of natural entities, such as people. A created legal fiction is endowed by the law to have some privileges that resemble the rights that people have, such as the right to hold property and to sue.
Page 1 of 4
The most common legal fictions are corporations and trusts. These have been around for quite some time with their main purpose being to limit the liability of the people holding the corporation or trust, alowing them to NOT be personally responsible for their actions.
Legal fictions are not compatible with the Common Law, which is the law our land was founded upon. In common law, everyone is responsible for his own actions and is held accountable and responsible for any wrong doings.
Legal fictions are not compatible with the Common Law, which is the law our land was founded upon. In common law, everyone is responsible for his own actions and is held accountable and responsible for any wrong doings.
In 1933, the governors of all the states met to discuss the “emergency” declared by FDR, based on the bankruptcy of the United States, and to support the new process that was being established to administer the bankruptcy.
The governors made a “pledge” to the US, INC., to fund the bankruptcy. The pledge was that the assets and the energy of the people belonging to the State governments would back the “government” and secure the national debt. But there was one problem. The States could only speak for the people in their public capacity. They could not pledge private, living human beings or property. So it was necessary to create a “bridge” between the living people and the creditors for the bankruptcy. The answer was to create Straw Men to stand in the place of the people.
When the governors made the pledge, they agreed to register the birth certificates of the people with the U.S. Department of Commerce. The birth certificate is the security instrument (collateral) used to back the pledge. The legal fiction was created by using the name on the birth certificate and writing it in all capital letters, the designation for a legal fiction. Then, because of the “pledge” YOU were determined to be the representative and surety for the legal fiction.
Surety means: The one who is responsible to pay. So, when the “government” or any corporation uses any process whatsoever, they are using it against the legal fiction, which they want YOU to think IS YOU. But when your name is written in all capital letters, IT IS NOT YOUR NAME!! It is the designation of a legal fiction that is an entirely separate entity. A living human cannot be a legal fiction, and a legal fiction cannot be a living human. One is real or natural, the other is created by “law”.
Whenever a government agency (such as a court) determines liability it is a liability of the legal fiction or Straw Man since everything is done in commerce. You are presumed, as evidenced by the pledge of your governor, to be the surety for the Straw Man and you must pay the liability.
The Straw Man is not you. The Straw Man is controlled by the “government” because he has been pledged. In practical application, the Straw Man relationship, if understood, will give the real, flesh and blood being the ability to operate with all of his rights secured by the original Constitution. To get to that position all you have to do is pay the pledge!
Many people are using commercial process to pay the pledge and redeem the Straw Man from the pledge. This does not wrest the Straw Man from the government and make it yours – you do not own it, nor do you want to own the Straw Man. The Straw Man is still owned by the Government who created him, but he is controlled by you.
Many people are using commercial process to pay the pledge and redeem the Straw Man from the pledge. This does not wrest the Straw Man from the government and make it yours – you do not own it, nor do you want to own the Straw Man. The Straw Man is still owned by the Government who created him, but he is controlled by you.
The Straw Man is a transmitting utility. Think of him as a pipeline through which passes goods and services from a main supply to customers. Like a gas line to your house or water line. The creditors over the United States bankruptcy have the goods and services in their control. They cannot deal with living humans because they are not the real government. They are only a private corporation and can only do business with other artificial entities. If they deal with real people, their fiction disintegrates, and they are exposed for the illusion that they are.
Page 2 of 4
Page 2 of 4
So, in today’s world, for a real living human to get the things he needs, he has to have an intermediate, an in-between, a Straw Man. The Straw Man exists in the artificial world.
The key is in your relationship with the Straw Man. Before the Straw Man is redeemed, the “government” holds that entity as pledge for its debts. It owns and controls the Straw Man. Everything that passes through the pipe belongs to the “government” and anyone making a use of those things is presumed to be surety for the Straw Man. Once the pledge is redeemed, the real being pays the pledge and become a creditor over the Straw Man.
The key is in your relationship with the Straw Man. Before the Straw Man is redeemed, the “government” holds that entity as pledge for its debts. It owns and controls the Straw Man. Everything that passes through the pipe belongs to the “government” and anyone making a use of those things is presumed to be surety for the Straw Man. Once the pledge is redeemed, the real being pays the pledge and become a creditor over the Straw Man.
He does not own the Straw Man, the government created it he only controls it, because the Straw Man is in debt to the real man. This is evidenced by registration to the title of the Straw Man with the Secretary of State on a UCC- 1 Financing Statement. Since the real human is a creditor to the pipeline
What this does for the real man is demonstrated beautifully in the movie Amistad. In Amistad, people from a village in Africa were taken prisoner, transported across the ocean until they finally ended up in the United States. During the first part of their trip they were taken to a slave trading station where they were sold to slave traders in Portugal. The slave traders were issued a Bill of Sale for the merchandise, listing the names and number of slaves sold. During the trip, supplies became scarce and fifty slaves were cruelly thrown overboard to their death. The records were altered to reflect a difference in the weights of cargo and the original records were hidden aboard the Amistad. The Africans managed to secure control of the ship, killing most of the crew, but were tricked by two remaining crew members into sailing into American waters. They were taken prisoners and charged with piracy and murder for the death of the crew members.
The first day of the court case the Bailiff called the case and read the charges by the government against the Africans. That claim was the first claim in the case.
Then a series of other claims were made.
Then a series of other claims were made.
A second claim was made by two commissioned officers as private citizens, claiming the Africans and the Ship based on their right to salvage. They showed a salvage title to support their claim. They were the only two of the crew that were not killed. It was these two that tricked the Africans into sailing onto American waters.
A third claim was made by the men who claimed to have purchased the slaves in Portugal. They claimed the slaves were their property and showed a warehouse receipt to prove their claim.
A fourth claim was made by men who were businessmen and bankers. These men were interested in promoting anti-slavery, and filed a habeas corpus for the release of the Africans. There were two other claims as well.
When there is a claim filed against the Straw Man, the real, flesh and blood being, can file his own claim against the Straw Man as a non-party who has a security against the artificial entity, the property, being sued. He comes into court with his evidence of claim, a UCC-1 Financing Statement. The new claimant’s position is, “I don’t care what you do with the Straw Man, but before you get anything from him, my claim has to be settled, he owes me first!” , he has an interest in everything that passes through the pipeline. He is no longer presumed surety. Page 3 of 4
That is the remedy available for a real man who is creditor over the “government” created Straw Man. You will have to watch the movie to find out more about the Amistad Case!
Document Source:
Document Source:
Right Way … L.A.W.
c/o 3465 S. Arlington Rd.
Akron; near [44312]
Ohio
c/o 3465 S. Arlington Rd.
Akron; near [44312]
Ohio
UCC 3-501 allows borrower to discontinue payments WITHOUT DISHONOR
From: Mario Kenny’s WordPress Blogsite October 25, 2009
I am an attorney who has taken “produce the note” one step further. I am current on my mortgage, and actually what prompted me to take the action I am taking is that I had paid off my second mortgage but my lender refused to surrender my paid off second mortgage note. My lender also refused to prove to me that it had my first mortgage note or that it had the authority to make payment demands.
So I decided to sue my lender.
I decided that if the “produce the note” strategy was working for people who were in default, it would work for those who are not in default. If the bank doesn’t have the right to foreclose, it doesn’t have the right to demand payment either.
The Uniform Commercial Code is the homeowner’s best friend.
UCC 3-501 requires a lender to “exhibit the note” when the lender makes demand for payment, and the borrower demands to see the note.
Technically a demand for payment occurs every month, and it also occurs when a bank begins foreclosure proceedings.
UCC 3-501 also requires a servicer to show authority to make a demand for payment, if it does not own the note, but is merely servicing it. In the event a noteholder or servicer or will not exhibit the note or perform other legal requirements when requested to do so by the borrower,this UCC section allows the borrower to discontinue payments WITHOUT DISHONOR until such time as the noteholder or servicer complies with all laws or contract provisions.
Also helpful is UCC 3-309. UCC 3-309 requires the lender go through certain steps to prove up a note (make it enforceable) that is lost or destroyed. This is not easy for the lender to do, if one is willing to contest everything the lender does to try to prove up the note. This proof takes witnesses, who may not be able to say what the law requires, if the witnesses are thoroughly cross-examined. (Tip: Don’t let the lender get by with self-serving affidavits; take their witnesses’ depositions). Moreover, this section requires the lender to give adequate protection in the event the lender can make the lost note enforceable. That may be difficult for a lender that is under FDIC scrutiny and whose stock is in the tank.
I filed suit in March and so far my lender has vigorously put off answering my suit with what I believe was a meritless motion to dismiss, but has not yet produced either note, and has confirmed my
unpaid note was sold to Fannie Mae. This is clearly a justiciable controversy as will be clear when I ask the court to allow me to put my future payments into the registry of the court until the note is proven up and authority to make demand is proven.
unpaid note was sold to Fannie Mae. This is clearly a justiciable controversy as will be clear when I ask the court to allow me to put my future payments into the registry of the court until the note is proven up and authority to make demand is proven.
If the bank really believed it had the evidence to compel me to pay, it would have gladly produced the note by now with proof of authority to demand payment. They have steadfastly avoided having to do this. Chances are the note is lost or destroyed.
It gets even better. MERS is the sole beneficiary of my Deed of Trust (quite often the case for homeowners on Deeds of Trust since 2000). The Arkansas Supreme Court has just ruled in March of this year that MERS was not the beneficiary of a Deed of Trust (with language verbatim to mine) despite what the Deed of Trust said, because MERS has no interest in the note payments or in the corpus of the trust (homeowner’s obligation to pay). No beneficiary means the Deed of Trust is fatally flawed.
More and more it is looking like I will have the lien on my home removed and I may well never have a noteholder to pay. I could even get some of my money back.