Transcription
Recorded live. Hello everyone. It's Thursday, December the 9th, and the, uh, end of the year is closing in on us quickly. Tonight, we have a, a special guest. We have Jean Kink on with us tonight. He's going to cover a lot of topics. Um, say he's going to talk, cover tax law, commercial law, accounting law, trust law, ad claims, and void judgments. He's going to touch on those and explain a little bit about those and why we're not winning in our cases. Hi Jean, how are you?
I'm fine. Great, great to have you with us. Um, or those that don't know you, you want to tell us a little bit about yourself? Just a little intro. Mostly everybody knows who you are, but.
Well, I've been teaching for 50 years. I've been doing research for 50 years. I have a degree in Commercial Banking Law and Commercial Law, and I understand the Uniform Commercial Code. I understand trust law. As that apply, all these are all these four subjects are related. You have to understand tax law, trust law, commercial law, and accounting. If you don't, you can't understand anything that's going on. And that's part of the problem is when people go into court, they don't know what kind of jurisdiction the court's operating under.
So what did you discover about all this stuff that we're doing? How are we doing it wrong?
Well, if you go in there, these courts are not, these courts have two jurisdictions. They have a pro public side, which operates on in commercial, and a private side, which operates under the common law. And their courts of contract. If you go in there and contract with them, they got jurisdiction. How do you not contract with them? Well, you make a special appearance. You do like I did. I did a letter rogatory, and every time I've done one, I've been successful with it. You got to read 3501 and 3502. It tells you how to do a conditional acceptance upon proof of claim. You have to challenge their right. And most of these people are making presentments on behalf of somebody else, and they don't ever tell you what their authority to do that is. When they do these loans, that's what, what they're doing on a mortgage loan, they're making a presentment on behalf of somebody else. Well, they don't have any authority to do that. But if you don't challenge it, then they get away with it. You could kill all these mortgages at the administrative level without ever getting into court. They should never get to court.
What do you do, uh, if you're in a, a state that's not judicial, though? They never go to court anyway. What do you do in that case?
Well, judicial like Ohio's a judicial court. They file a complaint against you. I know, but in a non-judicial. Okay. Well, non-judicial, they, they, uh, they do a, uh, they can't do that. They can't do a non-judicial foreclosure because it's a confessed judgment. The deed of trust contains a confessed judgment, and you can't have a, that's where they get the power. Go read the power of sale clause in your deed of trust.
Are you still there?
Yeah, I'm listening to you. Okay. When you, when you, when it goes in, when the loan goes into default, they have the right on power of sale. That's a confessed judgment. In California, under 1131 through 1134 of the California Civil Code, you cannot do a confessed judgment on a mortgage loan unless the borrower has consented to it. And that means that he has to file an oath and an order with the court and has to be certified by an attorney. All these deeds of trust contain a confessed judgment. That's number one. Number two is you're not dealing in a mortgage loan, you're dealing in an investment contract, and they're holding you liable on a contract to which you're not the, not a party. And that's the pooling and servicing agreement. And under the statute of frauds, which is 16224, section 1624 of the California Civil Code, and it's in the Uniform Commercial Code at 2201, section 2201. And the statute of frauds was designed to prevent the very thing that they're doing. And the statute of frauds is evidentiary. And if you don't raise it, you wave it. And I don't know of one person who has ever raised the statute of frauds as a defense. It's evident. And the landmark decision on that is is the CEST case. Because when you go to closing, what they're doing is they're do, they're doing a loan modification because they made you a party to a contract to which you're not a party to. You're a third-party co, you're a third-party contractor to the pooling and servicing agreement. And the proof of that is that's where your mortgage payments are going. Your mortgage payments go to the investors as a cash flow claim. They're not going to the servicing company. The servicing company merely passes them on. They pass them on to the investor. Why are they giving them to the investor? Another thing that you need to, you need to study is you're dealing in securities, not negotiable instruments. What you call a promissory note is a security because it has a, a maturity of more than nine months. All these mortgages have 30-year and 20-year maturities. And if you read Title 15, Section 78CA10, it says any note that has a maturity of nine months or less is excluded from the definition of a security because it's not a security, it's a note. Where have you ever seen one promissory note that has a maturity of nine months or less? You, you, you haven't. And they also, there's a disclaimer that's supposed to be in the credit application under Title 16, 16 CFR, which says that the buyer or the, the seller takes it subject to all the defenses and claims that the buyer could could assert against any transferee or any buyer who buys it or anybody who sells it. But they take that out of all of these loan applications. None of these mortgage loan applications have that disclaimer in them. That means that you have a de, so that means there's no holder in due course. Because if you read 3302 of the Uniform Commercial Code, a holder in due course takes it free of all claims and defenses that the payor could could assert against any payee or assign or transferee. Well, they don't take it free of that. They take it subject to your claims and defenses.
Now, what are the claims and defenses that you have?
Well, number one, under 3305, you have a claim in recoupment, which is a counterclaim. And that's the same language that's in Rule 13 of the Federal Rules of Civil Procedure. And Rule 13 says there's two types of counterclaims. There's a mandatory counterclaim and a permissive counterclaim. A mandatory claim counterclaim is a claim that arises from the same transaction and occurrence as the plaintiff's claim. Nobody's filing a counterclaim. That's why they're running over you. You can't be a creditor unless you file a counterclaim. That's under 3305 of the Uniform Commercial Code or 3-35. And your second claim or defense is 3306, which says that you have a proprietary and possession and property interest in the note and its proceeds, and you have the right to rescind negotiation of the transaction. Negotiation means the endorsement on the note. They all, they always endorse these notes, "Paid to the order of." Well, you have a right to rescind that negotiation. But you never, nobody ever does it because they don't read the Uniform Commercial Code. I've been teaching for 50 years, and I haven't found anybody in the, in the Patriot community that reads, that reads the Uniform Commercial Code. They don't read all these applicable statutes. And when you have, when you're dealing in securities, it's governed by Article 8, not Article 3, because the, what you call a note is a security, and it's a non-negotiable instrument. If you read the adjustable, and most of these subprime mortgages have an adjustable rate rider that goes with the, with the note. The, the adjustable rate rider modifies the conditions of payment and makes it, it says it supplements and governs the promissory note. And if you read 3-106D, it says it can't be a negotiable instrument if it's subject or governed by by extraneous documents outside of the promissory note. And they, they make it subject to the adjustable rate rider and the deed of trust. And I have a dozen cases that say all mortgage notes are non-negotiable instruments. Well, they're, if they're not, if they're non-negotiable instruments, they're not governed by Article 3. They're governed by general contract law, law, specifically Restatement of the Law, Second Series, under Contract, Section 164, which has to do with misrepresentation, which means it's subject to rescission. But nobody ever rescinds anything. If you read 22623 of TILA or Regulation Z, that's 12 CFR, that's the Code of Electronic Regulations, Federal Code of Electronic Regulations. You got to go into the electronic version. And if you go into the appendix, they have a form in there. In appendix H, they have rescission forms, and they're called H-8 and H-9 in the appendix of 22623. And if the lender doesn't give you, they not only have to tell you of your right to rescind, but they have to give you the form to do the res, rescission. That's all in 22623. Now, it says in there that it doesn't apply to residential mortgage loans. But you go down to section H, it says that at foreclosure, you have the right to rescind the loan transaction if two things occurred: there was no mortgage broker fee charged, and you weren't given the, you weren't given notice of the right to rescind or the appropriate form. Either one of those three things, they didn't give you the form, which is in appendix, it's an H8 form, H, H-8 and H-9. So you can rescind the transaction. When it goes into foreclosure, they'll tell you that you can't, you only got 72 hours. If they didn't give you notice, the stat, the statute of limitations does not toll until they tell you you have a right to rescind. So you can do it at foreclosure. And another thing is, you're not in a loan transaction, you're in an investment contract. 4-12 under applicability says if an item is includable in Article 3, it's, it's governed by Article 8. Article 8 governs Article 3. Why does it? Because you're dealing in securities. All these notes are securities, not notes or negotiable instruments. So Article 8 governs three and four. And that's what it says. And what you have to do is you have a claim in in recoupment or a claim under 3306 to the proceeds and a right to rescind the negotiation. And you have a possession are and property right in the proceeds of the investment contract. But nobody ever files a claim. And if you read 8-505 through 8-58, it tells you how to file a claim. And the claim is called an adverse claim. And it's defined in 8-102 and it's defined in 8-105 of Article 8. Nobody uses Article 8. And all these mortgage transactions are governed by Article 8, not Article 3 or Article 2. They're all governed by Article 8. And you have a counterclaim. You never file the counterclaim. That's why when they go into foreclosure, they file a 1099A saying that you abandoned your claim, your recoupment, which is a counterclaim, and your possession right to the proceeds from the sale of the security under the investment contract to which you are an undisclosed third party. And nobody understands that you're an undisclosed third party to a contract under the statute of frauds. And if they're going to hold you liable under a contract which you're an undisclosed third party and you, and it hasn't been subscribed to by you or memorialized, then you have a right to the proceeds from the transaction. And nobody files a counterclaim going after the proceeds. And it tells you how to do that. And nobody's doing that. That's one of the reasons that, that you're losing in court. The another reason you're losing in court is because none of these courts, and I mean none, you know what I mean by n-o-n-e, none of these courts have subject matter jurisdiction over land. Only a land court. And in Florida, the only land courts are your county courts. And it says that in the Constitution. If you go into the Judiciary of the Florida Constitution and look up Article 5, Section 20, it tells you what courts have jurisdiction. And your county courts have jurisdiction over land. None of these courts. So what you do is you go in there and contract with people that don't have subject matter jurisdiction. None of these attorneys. These attorneys don't have, they don't have jurisdiction to represent anybody. And if you go read the Dead Man Statutes, which they passed under probate law, your Dead Man Statutes were codified under Rule 601 of the Federal Rules of Evidence. And what it says, it goes to competency to testify. They're incompetent to testify on behalf of a dead person. Now, who is the dead person? It's all of these corporations. They're all dead. They're dead persons because they're not real. And what the attorney does is, you let them come in there and they start testifying on behalf of all these banks. And if you don't raise the objection, that's the first thing I do. I am before this court by special appearance without waiving any rights, remedies, or defenses, statutory or statutory or procedural. I put that admonition at the top of my pleadings. That way you don't waive jurisdiction. Otherwise, you're going in there and contracting with this, with these people. You contract with them, and then when they rule against you, even though they didn't have subject matter jurisdiction, you gave them that, you gave them jurisdiction, but not subject matter. But you got to raise it. And nobody raises in subject matter and in personam. In order for the court to have jurisdiction, the plaintiff has to be there and the defendant. You have to have both parties, real parties in interest, that have standing under Article 3, Section 2. Standing is a threshold issue. And the court is supposed to address that. But they're not doing it. Some of them do, and some of them don't. So you have the responsibility to bring that up because that's a threat. Standing is a threshold issue. None of these servicing companies that are foreclosing on all these loans, none of them have standing to come into court and foreclose on your loan. And the reason is because they don't own the loans. Who owns the security? The borrower does. That's why this Countrywide in the Kemp case, this woman from, who's an employee of Countrywide, came in and testified in court that none of the notes are transferred. That means that all of these real estate investment trusts, which they call REMICs, don't have the notes. And April Charney, if you read her admonitions on this, she says that they never transfer the notes, nor do they sell them. They keep the notes. And the reason they keep them, the reason they, they keep them is because they don't own them. They can't transfer them. And if they did transfer them, they have to do that to get the exemption, otherwise they have to pay taxes. If they don't pay out 90% of their taxable income in interest and dividends to the investors, then they have a tax liability and they do not qualify under Section 862 and 852 of Title 26 as a real estate investment trust. So they're in possession of contraband. So what they're doing is billing you for the tax that they owe. And everybody goes in, nobody raises this issue because they don't understand it. That's why every mortgage is a tax issue. It actually involves two things. It involves an investment contract and a tax. And the reason the tax comes into play is because they never transferred the security. They kept these securities. So that means that all these investors that bought, that bought cash flow claims under the pooling and servicing agreement have got worthless paper. That means there's a cloud on every title. And none of these notes were ever securitized. That means every B5 prospectus, an S3 registration statement, an 8K current report are all invalid that are filed with the Securities Exchange Commission because the, the notes that the securities were never transferred at closing. And the investors put up all of this capital. And I have a law review article written by David Levenson that goes into the ramifications of this. That means that the banks that allegedly financed all these loans are going to have to give all this money back to the investors as cash flow claims because they never transferred. They bought something that they never got. They paid for all these notes or securities, and they were never transferred to them. So they don't own any of them. So the banks are going to have to give, and there's not enough money in all the banks to pay these investors back. So what does that mean? So you're going to have a put back. And that's what this, this, this professor that wrote this article went up and testified before Congress on, on the, the sub finance committee under community housing. He testified before Congress what's going to happen if Congress doesn't do something now. What are they going to do? It's going to be remains to be seen. But I'm telling you what the ramifications of this are. China probably is going to come in here and buy up all the, all this, all these loans. And that means, or either that, or they, they'll bail out everybody. Either that, or they'll confiscate all your money in the banks. One of those two things is going to happen. You stand by and watch.
And in response to the young lady that asked about the 1099OID, all these people that are going around filing 1099OIDs, 1096s, 1040s, 1040Vs, they're not filing 8281. And 8281 identifies who the issuer of theOID is under Title 10, Section 78CA8, that's a small C, 78C Small A, parentheses 8, the number eight. Go read it. It identifies you as the issuer. And because you didn't identify yourself as the issuer, you don't have a claim. That's why it says in Publication 122, 12 on page two, that you, it must, the 8281 form must be filed when you file theOID. This is what this, this is what happens when people don't read anything. They're listening to what other people are telling them. And people are not reading these publications. That's why the IRS publishes these publications because they tell you how to file for anOID, original issue discount, and it tells you what forms you have to file. Also, if you read your deed of trust, and this is in every deed of trust under payments, which in almost all of them is number three, and if you go read it, if you don't believe me, this is what I mean by nobody reads anything. People complain about all this lack of disclosure, but they never read the deed of trust. And it tells you what they're doing. And it tells you that if there's any money owed at maturity, you can pay it at maturity. So let me ask you a question. How can the note be in default if you have the right by contract? The deed of trust is a contract, and you signed the deed of trust. How can they foreclose on the note when you can make any delinquent payment at maturity on the note under the deed of trust? So how can the, how can the mortgage be in, in, uh, foreclosure? How can it be in default? You ever heard that before? Yeah. No. Read every word. Word, every word, every sentence, every phrase. It's an unconscionable contract. It has clogging provisions in it. You know what clogging is? Clogging provisions are provisions that extinguish your equity of redemption. If they sell your security, how are you going to redeem it if they sell it to somebody else and give you the note back? Don't you always have the, the right to redeem a loan? That's more proof that it's not a loan, it's an investment contract. Does anybody have any questions?
Yeah, hold on one second. Let me bring up the questions. Ohio, go ahead. Ohio, did you have a question? Ohio? Ohio, are you there? Ohio? No, we, we forgot to mute. We want to mute. Okay. Star six. Oh, is, yeah, star six. Okay. I'm sorry. That's okay. All right. Jeff, hi Jeff. Go ahead. Hello. Hi. Go ahead. Hi. Angela, I have a question for Jean. Go right ahead. Jean, uh, there's been another gentleman on the internet recently talking about what he calls your ABCs. His name happens to be Patrick Divine. Are you familiar with him by chance?
Yeah, he's one of my students.
Oh, well, I happen to think, sir, that he is probably dead on what's going on. And evidently, you must agree if you say he's your student.
I haven't seen what he's teaching lately, so I don't know if he, if he, what he's teaching.
So, well, it's going along with exactly what you're saying. Is it possible that I can send you some information for you to review?
Sure.
Fantastic. If I could get your email, if someone would type Angela, would you be kind enough to type an email in for me in the chat so I can send Jean some information? And then I have another question. Uh, Jean, you, you talk about a form. What was the form you were just talking about that must go in with the 1099OID? It was an 88 something.
8281.
8281. There's three forms. Okay. All you have to do is follow the 8281. But you should read the instruction booklet on the 8281. There's an 8282 and an 8283. I, I'm suggesting that you read all three of them.
Okay. Now, another question for you. Let me bring, let me bring something to your attention. Attention. And this, yes, sir. This is really powerful. In 1951, they passed the law under Title 26, Section 2038 and Section 2514. It's called The Power of Appointment Act of 1951. The donor has total power. Every one of these mortgage loan transactions is a donor-donee relationship. Which means it's a Class 5 gift and estate tax under the 60209 Decoding Manual. If you go to the IRS website and download it, called the IRS Processing Manual of 2010, if you go in there and read it, it tells you that all 1096s, all 1098s, all 1040s, all 1099s, all W2s, are you guys getting this? All W2s, all W4s are Class 5 gift and estate taxes. They have nothing to do with an income tax. And everybody's filing 10, 1040 forms. You don't report gift and estate taxes on a 1040 form. You report income on a 1040. That's number one. All Class 5 gift and estate taxes are done on a 706 form or a 709. On a 706 form is a generation skipping transfer tax. You should read the instruction booklet on a 706. I go into this stuff in my classes, and we have classes every Tuesday night, and this is some of the stuff that I cover. Do you have under the 709 form, which is a gift tax form? See, there's two types of taxes. Generation skipping transfer tax, which is what the 706 is for, and a gift tax, which is what the 709 is for. And if you go read Publication 950, you have a $3,500,000 unified tax credit. That means if you know anything about accounting, corporations use that $3,500,000 as money. Corporations use tax credits as money. They actually will give tax credits to banks, and banks will loan money on the tax credits. You have a $3,500,000 unified tax credit under Publication 950 on all estate taxes. You have a $1 million unified tax credit or exclusion on the gift side. And they build that, if you read the 709 form, they build the exclusion. You have a, it's a $348,000. It's built into the form. It's actually in the form. And I know that none of you wage owners that have wages make more than $348,000. What's wrong with this picture?
Uh, so, okay, first off, I'd like to say this is that now, he, Patrick talks about it being very important every time you send in your 1099A for acquisition or abandonment, that you have to send in a Form 56. You appoint a fiduciary, right? So is the, is the Form 56? It's Form 8281. Are they somewhat maybe similar?
No. Okay. 8281 identifies you as the issuer of theOID. Okay? That's why they're penalizing people on these OIDs.
Okay. Now, let me ask you, if you would, here for me. I go back to, I always go back to McFadden's speech on the floor of the House in the 1930s. Sir, and he says, Mr. Speaker, if this bill becomes law, a Scottish distiller will be able to draw up his bill and present it to the Federal Reserve window and have his money before he ever produces the whiskey. Now, I didn't write that, sir, but that is what it says. Then that means that each and every one of us are running a corporation. We on this end have intended to call that the straw man, but it's a business. And we have the ability then to draw up our bill and send it to the Federal Reserve window and get our money every year before we ever start doing business in our particular businesses that we might call Jean Kink all caps, or Angela Stark all caps, or whatever. Am I wrong, sir?
No, you're absolutely right.
I'm gonna show you how to do that. So every single one of us have the power individually, individually, without going and getting involved in a big group. If we just learn how to run our banks, we have the ability to take back and inherit what the Bible might call the kingdom of God. Would you argue with that?
Absolutely right.
Okay. So in other words, what, what the wizard told Dorothy in The Wizard of Oz was all you had to do is click your heels together. The remedy's been with you the whole time. Would you agree with that?
Yes, it has.
Okay. So it sounds to me like, uh, I, I tell you what, I would love to see, sir, I would love to see you and Patrick get together. It sounds like he's using your information and strengthening this thing so each and every one of us can finally find our remedy because it's been withheld from us for years and years and years. Because my people are destroyed from lack of knowledge. Would you disagree with that?
Nope.
That's fantastic. We have special drawing rights on the IMF. Did you know that?
Well, that sounds to me like what I'm saying is all we have to do is take our. I know you can go to the Small Business Administration today. My folks did it in their business, and you can present up a plan to them, a business plan, and they'll fund the plan. I just never realized that they were just, all they were doing was taking your social security number as the account number and they're going through there and funding this thing because we have that right because we're creditors to the corporation.
That's right.
What all of these corporations are debtors in possession under Chapter 11 reorganization. And each and every one of us are the creditors to the United States. Am I correct, sir?
Yes.
Okay. So each and every one of us have had our remedy and we're sitting around bitching and moaning and complaining and crying about what Obama and all these people are doing. And they don't mean bly squat to us. Every one of us has got our remedy right this minute. And it's as easy as ABC, 1099As, Bs, and Cs. And if you know how to use them, you can run your whole bank because it says we're each one of us bankers under Title 31 of United States Code. Am I correct, sir?
Yep.
Okay. So we all have our remedy. We just have to quit being stupid. Am I correct?
Amen.
Okay. I'll get off the call and let someone else talk. Thank you for your time very much. And thank you, Angela. Thanks, Jeff.
Okay, we'll move on. Let's see. Texas, go ahead. Did you have a question?
Yeah, yeah, that's me. Hey, what's going on? Hi. Hey, um, I did a 1099OID, uh, for the last, so four years. And, um, for 2006, 7, and 8, you said that I need to do a Form 8281. How do I fill out the form for a checking account or savings account? That's what all I did. The 1099OID, uh, was my money of, uh, equity.
You need to read sections 1271 through 1288 of Title 26. Everything is an OID because it's a public debt instrument. Okay. So like, I'm looking at the, when you look at, when you write a check, it's a public debt instrument, right? Okay. You, you issue it as, as an original issue discount or withdrawal.
Okay. But for example, on this 8281 form, you have to have a QIP number. That's what, that's why all you guys are doing, everybody that's doing redemption is doing it wrong. When they send you a bill, you know what they're doing? You know what the bill represents? That they send you a presentment. Or I don't know. It represents the amount of, amount of your credit that they're using, right?
Right.
Okay. You have to file a tax return and assess the tax. That's why they never redeem the debt because you never assessed it because it's a tax, and you're the only one that can assess it because it's your credit they're using. If you don't report it as income to the IRS, how is the IRS going to give you a refund? So that's where the 1099OID comes in.
I report it as income. No, I'm not. I'm not.
Okay. You do a pay order on the bill. Pay to the order of the Department of Treasury. Charge the sum said to the person that sent you the bill. The utility company didn't say credit or, uh, um, credit it to the, then put you, put credit to your account and put your social security number there.
But that sounds like, uh, a forger, a little bit.
Well, it's not a forger, it's a money order. Okay. You're paying the, the tax to the IRS, and then the IRS can turn around and bill the account of the person that sent you the bill. You're not doing that. So they're billing you for it. They're double-dipping. They go into your account and get the money, and then they send you the coupon, which is a check, and you never use the coupon. You send it back to them. So they take the coupon and they keep these coupons, and they're, they're a check. That's a check plus the check you sent to them. You paid them twice. They're getting paid twice for every transaction they do with you. If you think that isn't what's going on, you're going to be in for a rude awakening. They assessed an $80,000 fine on me. The district court did. I did a PID in the order of. I never heard from him again. They have to pay the tax on $80,000. Remember, every bill is a tax bill.
Okay. So you said I would take each bill, uh, that they send me, do a pay to the order of, and I send it to the IRS.
Yeah, you send the, you send the, uh, the original to the IRS, and you send a copy to the person that sends you the bill along with a 1040V, a 1040, and a 1096, and an OID. A 1040.
Oh, wow. You put that in there as income.
Okay. And you're reporting it to the IRS as income.
How many 1040s are you saying you can file in a year, Jean?
Well, it depends on how many transactions you have.
I thought you can only do one 1040 for the year.
Well, you can wait and do it at the end of the year. Put all your transactions on one form.
Okay. I may have to look at an example. An example of that, because that's, uh, I guess it sounds pretty simple, but, you know, that's a lot of stuff. But you just have to understand what's going on. It's your money they're using, and you're not reporting it, right? Just like, who reports, who keeps track of when you write a check? Don't you keep it? Or is the check you wrote? Right?
Yes, I do.
Okay. Well, you, okay. How are you going to balance, who balances your check, your checking account? You do, right?
Okay.
Well, the IRS can't balance your account, credit account, unless you file a return reporting the income. You have to do it because it's your income, right?
Okay. So for my situation where I have already filed a 1099OID, and IRS is coming back to me saying that I have to correct what I did. All I'll get a $5,000 penalty.
Pay to the order on their bill. Do you know the IRS has the DUNS number?
Right. I've heard that before.
Well, it's true. I got their DUNS number. I know what their DUNS number is.
Okay. But, okay, what they're, what they're doing is they're trying to find out if you know what you're doing or not, right? Everybody goes into the panic palace. Oh my God, the IRS is after me. It's time to work from the hills, right? They're, they're testing you to see if you know what you're doing.
So fails. They, they don't do anything. They sit on it. They don't do anything. They're telling you that they're, they're double-dipping.
Okay. So, uh, do I still send the 8281 in this case since I've already sent in 1099OID?
Yeah, I'd fill out an 8281 to send it in. You're not an issuer unless you file an 8281 because the, the Publication 1212 says you must, must means mandatory, must file an 8281. But I haven't met one person that even knows what an 8281 is.
Right. That's because nobody's reading anything. Nobody, everybody's going around listening to what everybody's telling them. They listen to Winston Shroud, Gordon Hall, Jack Smith, Tim Turner. Nobody goes out and and does any research and reads anything. That's why they don't, don't, uh, know what's going on.
Okay. These courts, none of these courts have jurisdiction to do anything. They're not courts, they're privately owned trading companies. And I don't go in there, contract with. I make, I make a contract with them on the private side, and then I control it by conditional acceptance. If you do a conditional acceptance, right, you can blow them out of the water. I stopped a $60,000 car loan by writing a letter to the judge. He not only took the case off the calendar, he dismissed the motion for default judgment and the motion for an order for writ of possession, dismissed both of them and took the case off the calendar.
Okay. All right. So for, go on the private. You're going in there on the public side with courts that have no jurisdiction. Even though they don't have jurisdiction, you're contracting with them, and you give them jurisdiction by contract. They can contract with you, and that's what they. I don't go in there and contract with them. Okay. I said, where's your authority? I'll accept that on proof of claim. Where do you, where do you get, what's your authority for making a presentment on behalf of somebody else? And 99.9% of these people are making presentments on behalf of somebody else. And do, do they ever, when these banks on a mortgage foreclosure, when they make a presentment, do they ever send you the note? Did you know that they have to present the instrument too? Not only do they have to tell you their authority for making the presentment on behalf of somebody else, and they're all doing it, but they have to give you the, the instrument. They have to exhibit the instrument. Do you ever make them exhibit the instrument?
Nope.
Did you know that if you get the abstract of title, and I think the title companies are holding these, that that the loan was paid in full at closing? It actually says that. They're called title papers.
Yeah. Oh, the, uh, title company has those.
They have the abstract of title, which is the record of the deeds and the notes and all of your loan papers, where they've been, who's using them. It keeps a record of this. The title company has all this. So I would ask the title company for the abstract of title.
Yeah. Tell them you want to know who the errors and omissions, who's holding insurance policies on errors and omissions. Did you know you have an error and omission claim on all these mortgage loans? Did you know that under RESPA, they cannot receive any kickback on a mortgage loan on a federally funded mortgage loan? And all these notes are federally funded. They call them mortgage loans. I'm calling them what they call them. They're really investment contracts, but they violate RESPA. That's an errors of omissions claim, which you can collect on.
You need to come to my class on Tuesday night. We have, we have four. We're going to have more classes on Tuesday night. We have a class, and I go into all this stuff.
Right, right. I'll definitely be there. Um, but as far as this 8281, for example, the acoustic number, do it up in my social security number or the issue date, the maturity date, the type of instrument. I'm looking at the fields. It's like, okay, how do I actually fill them out? You know?
You mean the 8281?
Yes.
Well, it, let me, let me pull one up here. This is how you identify who the issuer is, right? And you're not, you're not doing this information return for publicly offered original issue discount instruments. You know what 4 Apple 104 says?
Say that again.
Four Apple 104 of the form Commercial Code.
Do you know what it says?
No.
It says originator. It defines what an originator is. Originator of the first funds transfer. Okay. Didn't, when you go read 3105 of the Uniform Commercial Code, it tells you who the issuer is and who the issuer is. And it says under subsection C. So under subsection A, it defines what the issuer is. That's the first payment order on a funds transfer. Number C defines what issuer is. And it says an issuer is the drawer and the maker. Now, if you've got a mortgage and you signed a mortgage note, you're an issuer by legal definition.
Does that tell you anything? What did you sign?
You endorsed the security.
Well, don't you have a proprietary interest in the proceeds from the sale of that security since they're making you a party to the investment contract?
Absolutely.
Well, so why aren't you claiming it?
We will be now. Right. Do you understand why people are not winning in court? That's an Article 8 claim, adverse claim. Go look up what an adverse claim is. Here, I'll read it to you. Let me pull up the UCC and I'll read it to you, and you can see how this thing works.
Cool. This is what I go into, uh, on my classes. I'm giving you mana. This is mana from heaven. But they said mana didn't have any taste to it. Well, this doesn't. This is, uh, uh, this is all, uh, this is all mana. And definitely, I'm going to go into the definitions. It says an adverse claim, and this is 8-102, subsection A1. Adverse claim means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. Okay. Now go down to 8-19, 8-102, subsection 9. It says a, a financial asset is a security. Well, so you've got a, got a property interest in a financial asset. Isn't that what 3-36 says? Property interest? And when you go, go to 8-105, you have security. It says a person has notice of an adverse claim if the person knows of the adverse claim. Don't you think they know that you have an adverse claim? So they already had notice of it at closing. And don't aren't they aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and they deliberately avoid information that would establish evidence of the adverse claim? Don't they have a duty imposed by statute or regulation to investigate whether an adverse claim exists? Don't they have notice that a financial asset or interest therein or has been transferred? All of this 8-105. And then you go to 8-505, it tells you how to file the claim.
Well, they're going to love me, right? This, what you call love at first sight. I'm gonna have to, listen to this call again anyway. But, um, you funded the whole thing. If you read, uh, on the internet, they have an affidavit written by Neil Garfield that goes into this whole thing. The only thing that, that he's not correct in, he says the, the money came from the investors on a pay, what they call a pay forward. In other words, before they ever had a lender, before they ever had a borrower in place, they had the capital. So the, the investors put up the capital for these real estate investment trusts before they ever had a mortgage loan. But they did it under, on, on the condition that you put up a security. Doesn't that make you the predator? Wasn't the, the money, the capital that the investor put up predicated on the security that you gave to the, to the servicing company at closing, right? Your BPP? It was. So aren't you, didn't you give them the instrument or the capital for the investor's money? It wasn't the, the, the, the pay forward done by the investors before there was ever a loan in place.
Yeah, but the investor's money didn't really go to my security. What it went to was for the bankers and lenders to buy, uh, insurance and credit default swaps and to fund their, uh, a pool of money so they can pay back the investors.
Yeah, but they put that capital based on your security that you issued. That gives you a proprietary interest in it. Okay. You, with all the securities from this pooling and servicing agreement and from the trust fund, what would they have? Nothing. Thought they didn't have the right to the investor's money if they didn't have my security.
That's right. They would have never put the capital up in the first place unless they were guaranteed, uh, uh, uh, uh, capital from the borrower. So the borrower has a proprietary interest in the proceeds from the security. But you're not making the claim. And that's why they put the, the disclaimer in 16 CFR 433.925. Let's go read it. You wonder why you're losing in court. 3-35 because we're not treating us as a contract defenses and claims and recoupment. Recoupment, that means counterclaim. Go look it up.
Yeah. Okay. I'm definitely have to listen to this call again. Like I said, and go through all this stuff. If you go read C 3-35C, it says an obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course. What does that tell you? If they're taking it subject to your claims and defenses, are they a holder in due course?
Oh, no.
Well, doesn't that say you don't have to pay it?
Right.
Well, so why are they foreclosing on your property when they're not a holder in due course?
Because they're stealing the property because you're not raising the defense. That's why. And you're not in a land court, you're in a privately owned trading company.
Own trading company. Okay. In California, you know where the county courts are in California? Go read your Constitution.
Okay. I haven't, I haven't looked it up yet. But the, do they have county courts in California?
Yeah, they do.
Okay. Where they, you know where they're located?
Well, I would assume that's like where you fight tickets and things like that.
Those are the only courts that have jurisdiction over land. None of these courts have jurisdiction over land, and nobody's bringing this up. They go in there and, and, and these courts are, are running over them. We got a lot of people in line to ask questions. Shall we move on?
Okay. Okay. So, uh, I guess to recap, just to, um, just without the 8281 is sitting out there. I'm still quite sure how to fill it out, but I'll, I'll figure it out somehow. Just put, put in who the issuer is. But I don't need to fill out every line that says fill out.
Well, let me, let me, let me go over it real quick, okay? Because, uh, let me, let me pull, hang on.
Okay, sorry everyone. I know you are waiting, but well, that's a good thing. This is, this applies to everybody, not just you, Angela. Sorry to interrupt. That is my hand raised. Yep. I can't see your hand. Hand. Uh, no, it's not raised. As a matter of fact. Thanks.
Okay, now it is. Okay, now I can see it. Thanks. Let me get, let me get, let me get this 8281 up here. Okay, here, here it is. Hamster, hamster is going to have a heart attack. I got a, I got a computer that's run by a hamster.
Yeah, right. He runs on a wheel, and that's what powers my computer. I'd like to see that. The last couple of weeks, he had a heart attack.
Oh, poor.
thing, and I had, I had to, I had to resuscitate him. I said, "Don't leave me now. You have to use a straw or something, 'cause if you do, it's going to be abandoned property." All right, have you pulled up the form yet? Yeah, it's, I'm having a problem getting it. I had it up here, then I PCL it off. Okay, here it is. Okay, here it is. Information returned for publicly offered original issue discount. What's the number of this form? It's a, what? 8180? What? It's 8281. 8281. Okay, please fill out the form now. Is, is it true that, um, like the applications, like when you fill out an application for example, a checking account or even a mortgage, that they put a accuset number, sign accus number to that? Sure, if it's a Trad number, because that's how they identify. So maybe that's, you know, why it has, you know, why it has a czo number, because it's in security, right? Okay, yeah, that's right. So how do you find the cus number? You show me a primary note with a cusf number. None of them has have cusp numbers. Only securities have cusp numbers. What the hell's going on here? This thing's not coming up. It's not opening up. So maybe we have to find a accusa number for, for example, my Tekken account. Whatever. I don't know if they probably won't give it to me if there is such a thing. You can give them, you can, you can give the DTC your Social Security. I know a broker. Go to a broker and give me your social. Say, "I want to know what my bond, my my CET number is." He can tell you in 30 minutes. I don't know why Myck account. Okay, go where? Ask who? A broker. Broker. Any broker will can tell you how to get a, you can give me your Social and he'll give you a, I don't know. What's the matter with this? Oh, me, but like, is it the maximum that you can have that would be insured for a checking account? $250,000. So maybe that's the amount I can put for the accus. I don't, I don't know. I'm just kind of talking out loud. All right, Jean, it's taking too long. You know what? Okay, okay, here it is. I got it open. You got the issuer's name? 1A, the issuer is you. The issuer is taxpayer identification. You know what your taxpayer identification number is? Social security. Yeah. Okay, then you put your address in 1B. Put the city in 1C. Put the state in 1D. Put the zip code in 1E. It says, "Name of Representative." Says, "See instructions." Read your instructions on this. Then you put down the address in 3C of the representative. That, that I think that would be your broker. Then the city, you put the city, state, and zip code. Debt instrument, uh, information. It says, then you got a place for the cusub number. Okay, what type of instrument is it? Is yours a fixed rate or a variable rate, which is what? Adjustable rate. And what was the issue price? That's the amount of the mortgage. You see where where it's going with this? When are the insurance payments due? What's the oid for the entire issue? And what's the yield to maturity? That's the date that the value of the instrument at at maturity. It tells you that. All you do is take 30 and multiply times your your your payments and you'll have that. Description of the debt instrument. Well, you know, it's, it's a, it's a security, financial asset, right? You can quote 88-102 subsection 9, financial asset. Okay, all right. Um, I'll go ahead and just research this. Uh, it doesn't really have me as far as my checking account, but, um, I'll just have to research that and see if I can figure out what to do about that. Thanks, Angel. Okay, thank you. Are you gonna say something, Jean? Go ahead. Well, you can report your your withdrawals as de debt instrument. If you make a withdrawal, that's a debt instrument. Report that as a debt instrument. That's an original issue. Okay, then say, "Description of Deb Instruments." Right. But the QEP number, I don't know. Is that my social security number? I, I don't know. Uh, no. Call the, you can go call any broker. Give me your Social and say, "I want to know what my cusp number is." They get it in 30 minutes. All right, just like that. You, "I want to know what my cusip number is." You know what you're talking about? Yeah. Tell them you, you, you, you want to track a bond and and you don't have the cusp number. And tell, "Give me your Social and say, 'I want to know what my cusub number is.'" I have the social for the transaction, but not the c cuso number. He'll say, "I'll, I'll give it get it for to you in 30 minutes." I did. I've already done this. Try that. All right, thanks a lot. Texas. Okay, thanks. Thanks, Jam. You're welcome. Okay, hey. N. Hello, Jean. Get, get the one with her hand up. Yeah, yeah. Did you get me? Go ahead. Oh, that's right. Uh, we're wait. Oh, um, Nancy was waiting. She was first, but she didn't have her hand up. All right, um, she'll be next. Go ahead, Ni. Okay, Jean. I've got a, a brother that's got a mortgage and he's in the last week of the redemption period. He's got one week exactly tomorrow night. What would you recommend? Redeem what mortgage? Tell you want to. They had, they had Sheriff sale on them already. And Minnesota has a six-month redemption. And you're in in the, what? He, he's got five months and and three weeks into the six months. He's got one week left in his redemption period. And Friday next week, they could have the sheriff, uh, escort them out. Have they done a UD? No. What state are you in? A judicial state or non-judicial? Non-judicial. Minnesota. Well, they do a UD to get you out of there. They don't just come out and throw you out. They do an unlawful detainer. Okay. Based on a landlord tenant agreement? Worse than landlord tenant agreement. Where did they do? How did the trustee get, uh, get, uh, see, you haven't laid claim to. You don't have any claim going. That's why they're throwing you out of the house. You haven't filed a claim. How does he go about doing that? Go read, uh, 8-505 and 8-508. Okay. You got to find out who the, uh, broker is or the Clearing Corporation. And you got to send them a, a written communication. This might be a good time to go into that. I appreciate any help. See what I can do with them for him. Dean, yes. Were you going to go any further with that? Yes, I'm going into the UCCC. Okay, hang on to your. You got. Let me know what's happening here. What it be like here? We have the Torren system. Minnesota and Torren land registration system. Yep. Okay, 505 says, "Duty of Securities Intermediary with Respect to Payments and Distributions." A securities intermediary shall take action to obtain a payment or just distribution made by the issuer of a financial asset. You know what I would do if I were you? What's that? Other than doing that, I would find out who the title insurance company is. Find out who the error and omissions carrier is. And tell them you want to file a claim. You want to shut this thing. Tell them you want a release of lien and a reconveyance on the property because of the errors and omissions claim. And tell them if they don't give you the release, the title company has the authority to do a release of lien and a reconveyance. Under 29, in California, it's 2941.7. And I don't know what it is. It says, "If you can't locate the beneficiary of record and or the landlord, which you can't because of the securitization, then you can ask." And in 30 days, they have to give you a release of lien or reconveyance. The trustee does. And you can go to the title company and ask them. Tell them you want a release of lien and and a reconveyance because of the errors and omissions claims you have. Otherwise, you're going to bring a claim. And tell them you want a form for it. Okay, under 2607 of title 12, 2607A. Go read it. 2607 of title 12. Okay. Okay, that's what I would do if I were you. They, they'll call the title company because they're the ones that said the property was free and clear with no encumbrances. They guarantee title and they're liable if there's any clouding on title. Do let me know what happens. Okay. You mentioned, uh, Tuesday. You do you have a Tuesday, uh, like talk show? Yeah, we have, we have, uh, I, I got on the program late. So if you said anything, I, I missed the first part with everything I was doing here. It's a webinar. We do. You have to email Toby Butterworth. You do toby.butterworth on Skype. Uh, Angela, a, yeah, I made a page. Um, if you, uh, click on the link, um, where it's where it shows Jean's name on the homepage, up in the upper right corner, you know, talking about tonight's call. If you click on there, it'll open a page and it has all the links and and more information on how to sign up for one of his classes and so forth. I go into Uniform Commercial Code, just like I'm doing now. I go into trust law. I talk about accounting and tax law. It looks like I'm jumping around. That's because all this stuff is related. Tax law is related to the Uniform Commercial Code. The commercial code is related to trust law. And trust law is related to accounting. All of this stuff comes into play. I just put the link up on the chat. Anyone's interested. Anybody that's interested in attending the class, go sign up. She, Angela has provided the link. And I'll show you how to get out of all, how to win anything in court, anything. Now, I'm coming and it's going to be Tuesday from 5:30 to 8:30 or whatever. Yes, 5:30 to 8:30. And it's on, um, I guess you'll, uh, after you send the $25 through the PayPal, Toby will send you a link and a password information to get on the, uh, webinar. Taku just booted me off of the screen. Oh, man. Don't you love it? Well, you know what? Just go to the, your chat's blocked too. Just go to the website, my private audio.com. Okay? And then when it opens on the right, there you'll see the announcement for tonight's call. And it says, "Click here." Click on that. And that'll open another page that'll show you the, uh, links and the PayPal information. And the name, it's toby.butterworth. That's his Skype user ID. And don't give out his phone number, Jean. Last time, I guess he got bombarded 100 phone calls. He told me to tell you not to do that. Okay. All right. Thank you very much. You're welcome. Thank you. Okay, let's go with Nancy. She's been waiting. Go ahead, Nancy. Oh, okay, great. I have some, uh, tax questions. You about the promiser note? And I have written promiser notes. And are you a tax protester? Are you in possession of contraband? You mean if they've sent me something and I didn't send it back? Yes. If you didn't assess your tax, you're, you're in possession of contraband, and you're a naughty little girl. Wait a minute. You mean if I didn't file a return? Yes. You have to file a return. That's what an assessment is. Yes. But then that's a self-confessed conf? Yeah. No, it's an assessment. That's how you assess the tax. How's the IRS going to give you a refund unless you report the, the credit that these people are using? See, nobody's doing redemption right. That's why you guys are not winning in court. I don't want to win in court. I want to win. I want to win before I go to court. Well, you can do that too. I've done it out of court. Okay, so this a set a. But if I get a bill from them, why aren't they taking my promisory note? Why are you sending them a promis promisory note? The bill is a check. Well, how do I get get my money back? Do endorse, endorse the bill. Paid to the order of Department of Treasury, US Department of Treasury, Timothy Gunther, Governor of the International Monetary Fund. Right. The sum said to the account of whoever sent you the bill. Do a charge back. Pay it to the to the IRS. That's the return. Then you do a charge to whoever sent you the bill. Then you say, "Credit the sum, the credit the memory of my account." And then give me your social of the amount. Then put the amount down. So what you're doing is charging it. You're paying it to the IRS, right? Then they're doing a charge to to the account of the utility company or whoever sent you the bill. And then they credit it to the memory of your account. That's how you do redemption. That's the proper way to do it. I wrote out a, I wrote out a check, a bill, international bill exchange on a napkin. And they gave me a receipt for it. What does that tell you? "Thank you for your payment." I wrote it on a piece of paper on a, actually on a napkin. I wrote it on. I drew it on a napkin and wrote it out. Okay. I, I've seen a lot of people put in prison because of international bills of exchange. Maybe they're doing them wrong. Yeah. What's your first clue that they've been put in prison? I guess. Yeah, because they didn't pay the tax. You can't create debt instruments. All right. If, if you are using an international bill of exchange to pay a bill, then what? Well, you're not using it to pay a bill. I take their bill and convert it into a money order. Yeah, that's what the coupon is. Do a "Pay to the order" on the coupon. Send it to the Chief Financial Officer. Say, "Pay to the order of the of the US Department of Treasury, Timothy Gunther." He's the governor of the International Monetary Fund. He's not the secretary. He's not the Secretary of the Treasury. You know who the Secretary of the Treasury is? Dios Mendes Torres. Torres. That's it. They moved the Treasury Department of Treasury to Puerto Rico in 1921. Okay, but I, I have sent. I have gotten coupons and I have written, you know, a money order to payable to the Department of Treasury. And they have had no effect on any so-called debt the IRS has. You got a, you got a A bill from who? The IRS. Okay. And what, what did you do with the bill? I filled out the coupon, paid to the order of, and sent it back to the IRS. Well, you charged it to the IRS. They're the ones that are, you, the bill, they're using your account. So you say, "Charge to the IRS." Instead of your Social Security number? No, you charge it to the IRS. Whoever sent you the bill is who you charge it to. Okay, so you have it payable to Department of Treasury, charge to the IRS, and credit the memory of my account number, and put your social in there as your account number. Okay. Credit the memory. Yeah, credit the memory of your account. All right, so first, you have to file a 1040. Let me ask you, how are you going to pay them when there's no money? Wait, with with a debt? Another debt instrument? Well, the bill is a debt instrument. Yeah, they're sending you that. That's really a check. That bill is a check. Well, I've always heard that, but I never figured out how to get any money out of it. Well, I do this all the time. Well, that's wonderful. I want to know how to do that. Okay, you, you still got your hand up. Oh, yeah. Because all right, so I, I have to file a 1040 first. That's what you're saying. Yeah, you got to file a a a 1040 with that. And report it as income. Then you do a 1040V, which is a payment voucher. Then you fill out the 1096. If you come to my class on Tuesdays, I'll show you all the paperwork and how to fill it out. Wonderful. Is that $25 each Tuesday? Yeah, each Tuesday. Each Tuesday. Okay, so, um, I'm the only one that's teaching this. The only. I really have have to figure this IRS stuff because it's just eating me alive. And they have a, a huge levy on my retirement. Yeah, that's why they have a levy on you because you haven't assessed the tax. All right, so if I did before Tuesday, because I'm sort of in a bind, if I, if I do some 1040s and 1040Vs and 1096, I can then learn more on Tuesday to finish this off. Yeah, okay. Thank you very much. Thank you. You're welcome. Angela, okay. See you on Tuesday for sure. Okay, um, let's see here. Granny, did you have a question for Jerry? For Jerry? Oh, my god. Regeine King. Oh, can you hear me? Yes. Okay, um, I have a question, but, you know, maybe it, it is not a proper one. Um, is there any that you can tell me about, uh, a 501c3? Yeah, it's a charitable trust. Well, right. Um, the organization that I belong to, we just lost our 501c3 due to paperwork. Um, is there a way to retrieve it? Yes. How do I learn that? Come to my class on Tuesday. Okay. Everything is, is a charitable trust. Yeah. How can you make a profit when there's no money? What do you mean? Well, isn't everything a donation? Yes. I made a mistake. I went to a guy. I went to a guy. Phil L is a top gift and estate tax attorney in the United States. I said, "What would be my tax liability if I made a donation to the county?" I had, I didn't tell him I had a mortgage loan. I told him I had a, I made a donation of property to the county. What is my tax liability? He says, "You can, you can under 2055, you can deduct the entire amount. It's 100% tax liability." So you're not reporting it as a donation, so you're not getting your deduction. Treat it as a donation. Remember, all all trans monetary transactions are donations. I think I'm lost with what you're talking about. Um, well, the, what is your unified tax credit? Go read publication 950. Okay. Me, pull it up and read it to you. Well, I don't think a lot of people have an interest in it. But, um, when I say "due to paperwork," I mean that wasn't filed timely. So they threw the 501c3 out. Okay. The IRS did. Yeah. I would refile it then. Well, we can, but that's going to cost money. Well, how much does it cost? I don't know. I haven't, I haven't gotten that yet. I just, I was trying to look that up on the IRS site, but I couldn't find it. So I've got to call and see what, what it costs. But I think it's quite expensive. It's several hundred. I believe. Send him a money order. Pardon? Tell him to send you a bill and then do a money order on it. On whose account? Well, if you do a money order, if they send you a bill, just endorse it for payment. A money order. They're using your credit. Okay. But, but on who, whose credit? Yours. They're sending you a bill. That means they're using your credit. The bill represents the amount of your credit that they're using. Yeah, but I don't have anything to do with it. I'm just an officer of the organization. Well, whoever does, who's ever doing it, it doesn't have to be you. It doesn't make any difference who it is. Okay. All, all right. So you're, boy, are you losing me? You're saying somebody's o individual account? You don't understand that when you get a bill from somebody, I don't care who it is, utility company, gas company, trash company, dumpster, right? Electric company, IRS. They're using your credit. Because they're, why are they using your credit? Because they're all bankrupt. Well, I understand that, but the 501c3 has no credit anywhere, right? It's, it's not, it, it doesn't exist. Well, yeah, but I'm telling you, it doesn't have anything to do with a 501c3. When they send you a bill, you said it was expensive to to get a 501c3. If they send you a bill, you can do a money order on the bill. Endorse it for payment. Send it back to them. That constitutes payment. Then you, whoever they send the bill to, right? To the IRS? No, no. I'm saying they might not send her the bill. She's just, you know, a third party in this whole thing. They will send the bill to the actual person that holds that held the F. Who they send? Has to do that. Yeah. Then they have to do it. Yeah. Whoever they're sending the bill to is who's credit they're using. They're, they're not sending a bill to anybody. I am the treasurer of the organization. Okay. The IRS doesn't send you a bill. No, the IRS didn't send us any paperwork. That's why we didn't get it filed on time. But they don't care. Now they're throwing the 501c3 out. And they, they threw us into a, a category of a foundation. And then, they said, "Well, we resubmit the." I'm responding to your admonition regarding setting up a 501c3. And you said it was going to be expensive. Have them send you a bill or whoever, whoever is asking you for the 501 C3 says, "Send me a bill." Okay. What if they don't do that? Well, you don't owe them anything. If they don't send you a bill, you owe anybody anything if they don't make a presentment. Go read 1. You can't hold anybody liable unless you make a presentment. In order to charge. If you owe me money, don't I have to make a presentment to you to charge you? But we don't owe them money. We, if we submit an application, we have to submit a fee for the application. Well, if you, if you don't owe a money, then tell them to send you a bill with the application. Okay, I think we need to move on. I, I don't think you're understanding. Um, but well, they have to send you a bill. If you don't make, you want a 501c3? Yes. They're going to send you a bill for it because you've got to pay for it. You said, right? Yeah. If they can't, you don't have to pay for anything unless they send you a bill. You can't send your application in without sending the fee in. Well, how much is the fee? That's what I'm saying. It's $ several hundred. Well, tell them, tell you what. Mount the amount of the bill. How you going to send it in if you don't know how much it is? I'm going to call them up and ask them. But you can't send an application without the fee. Okay, fine. Tell them to send a bill along with the application and you'll send the money in when you return the application. The application is online. The application is what? Online. My question, original question was, is there a way to save the 501c3 that they say they have just canceled? Well, they probably want you to resubmit it. You're saying they canceled it because it wasn't filed timely? Right. Well, C, can you? I don't know that much about 501 c3s. Just resubmit it. Tell them to send you a bill along with it, and we'll do a money order. I'll show you how to do a money order. Okay. Okay. Alrighty. Granny. Okay. Huh? Okay. Jose. Okay, we have Maggie. Arizona. Hey, Maggie. Maggie, it's Maggie. Um, I might, I'm going to go down a little different path if it's okay. And I just want Jean's take on something. And I will try to summarize this best I can. I bought a house. It's seller financed. Well, it's a mobile, that's why it's seller financed. And we had a, um, the L, the Land Title Company act as account servicer. They went bankrupt and were taken over by Lone Care Account Servicing. So they are the account servicer. I send my payment to them, then they issue payment to the woman I bought the house from. I was reading my information a little bit since I found out about all this mortgage fraud, not that I'm accusing the woman I bought the house from, but the account servicer is holding the original promiser note and the original documents. And the strange thing is, is there's a very minimal monthly fee for them to do this. And my question is, what would be their true benefit for allowing the $18 a month to do all the work that they do? Is there something hidden I'm not catching? Maybe on account servicing for seller? All they're doing is sending you a bill once a month. Well, they do more than that, in actuality. I mean, they, I, I send my, they have to, uh, they, they hold impound account for the taxes and insurance. They have to send late notice. I happen to be late. They have to, you know, I mean, they have to run all the input the, uh, money. The payment actually goes to a bank lock box in California. That's deposited. Then a report is sent daily to the office in Virginia. Okay, so they said they charge you $18 a month for that, right? Right. Okay, so you're asking, you want to know what, what their benefit is in doing that? Yeah. Beyond, I mean, it doesn't seem to me that their overhead would be covered by the $18 a month for all the trouble that that they need to go to, in my opinion. Um, you, that's probably right. Uh-huh. So what I'm wondering is, um, where would there, because basically, I mean, as far as the, um, like statements, or if I pull up the account activity on my account online through their website, it, you know, shows it as a, um, original loan amount. It shows the origination date, loan origination date. It does say seller finance. But I noticed on the agreement that we originally signed for them for an account servicing agreement, that not only do they hold the original documents on site with them, they don't have the original documents. Well, that's what they say. And I checked with the seller, and she does not have the original note. We tell them, "You want to come down and and view the original note?" Well, I just sent them. I called and they said they do have it. And I asked for them to send me a current correct copy with all signatures of all parties that are party to the note. And I'm waiting to receive that back. And I asked him to send that by mail, front and back page, you know, front and back of the note. Now, I'll guarantee they don't have the note. Well, then we, they told Bank One and a told me that. I said, "Good, I'm coming down there and look at it." Then when I got down there, they didn't have the note. Well, unfortunately, Lone Care is located in Virginia. And I don't have any ability to go from Arizona to there to go to the property and check this out. But by the agreement, it states that they are to hold it. It's in the agreement that we signed for the account servicing, which, you know, there was a lot going on in my life back in 2003. I was taking care of an elderly mother. So I was trying to do the best I could to make this deal. Pressed for time. And I, I did read, scan the documents, dummy me. I mean, I was even a realtor at one time. And so I mean, I feel like I, I let myself down and my mother at the same time. But I'm trying to backtrack. I'm just doing research at this point because I felt that there is something going on behind the scenes with Lone Care servicing or account servicing for seller finance between a seller and a buyer, that obviously is benefiting them to more than the tune of $18 a month. It just, yeah, you're right. Okay, now I have another, um, quick question in regards to how do I put? See, um, there was an attorney's firm filed suit on. They first were acting as third-party collector, charged off credit card from 2007. They actually went to the trouble to file a civil suit in Kingman against me, representing as attorney for the original bank as plaintiff. Okay. They filed suit against you for what? For that for the amount of that charged off credit card. And I did not know how to respond. Ultimately, they received a judgment with obviously no evidence of the debt. And I need to see what I might do to proceed, um, in some fashion. I, I really have absolutely no idea what to do because they did receive a judgment from, you know, a Justice of the Peace here in Kingman. That's, CU, do you into dishonor? Uh, well, it was, it was charged off back in 2007. And they started contacting me in 2009. And I made a feeble attempt to ask them to validate the debt, but I didn't do it with all the, you know, fancy jargon. They never responded except to file a civil suit. I responded best I could, and it, um, it obviously didn't jive. And the next thing I knew, I, I got a judgment sent on me. So at this point, what are they doing with the judgment? Well, they're threatening, of course, that they can attach and garnish. And I'm on a very limited Social Security income. And at this point, do, do a pay order to on the judgment. Who issues the judgment? The judge here, the Justice of the Peace in Kingman. Any tax bill? Do a pay to the order of. Pay, do pay it to him, to the Justice. Yeah. Okay, so, so I take the judgment, which has the amount on there, that's Jud, that's, you know, with the case number. I mean, they give a total that it's hereby ordered that judgment is entered for this amount. Make it, make it payable to the Department of Treasury, but charge it to the judge. You want, you want, you want, you want to see a case go away real fast. Well, tell you, is there a specific spot on the on that presentment that I am to write these words? Yeah, tell them you'll do a conditional acceptance on proof of claim that they have the authority. Do a, I wish I had time. I could do a lot. They, they, they would cancel that whole thing. Well, yeah, and I, and from what I understand, the attorney actually was acting as third-party collector. Collector, you know, he bought the debt. Um, it's Gerell Chargo, in case you're familiar with that firm. And, um, they're actually attacking a friend of mine down in Mesa under the same guys. And she's just in the beginning stages with the with the first contact from them. So I thought, well, maybe in view of what happened to me, um, I can help her not get into the same position because now we're both a little more educated. You need to learn how to write a letter. I've written letters and every time I write a letter, I never hear from them again. Well, I know, but you know, you've been, you've been doing this for as long as I've been alive. So I, I mean, I will give you all the credit in the world and admiration for your intelligence. And I know I can't learn the whole, the whole legal system in one, in one phone call. But if I know it, maybe how to even just start an, um, a rebuttal against this or even some kind of a claim against the damn attorney for acting as third-party collector and as attorney for the plaintiff. It's probably the attorney that's bringing the claim. Oh, I'm sure. I mean, even though he named Merrick Bank, um, he's doing as an asset or having bought it from Merrick Bank because Merrick Bank actually, when I gave them a valid, my, my fee attempted a validation of the debt letter, they actually ceased and desist. And they sent me so much as an information about that, but that they were going to put that out to their legal team. You say this, did you say this was a credit card debt? Uh-huh. You know who owns both sides of the credit card? Me? No, the DTC. Oh, okay. I don't, I don't know. I don't, the, what? The DTC, as in Depository Trust Corporation or Trust Company? See, all right, well, um, possibly I can, I can scrape up some money to to get in on one, a few of your Tuesday classes. I'll show you how to do an unconditional acceptance. And they'll, they'll go away. Unconditional? No, conditional. Oh, a conditional acceptance. Okay. Got to do a letter. And they'll disappear. Even regarding the fact that they've already got a judgment. Even? Okay. Yeah, he, he'll, he'll, he'll cancel the whole thing. Okay. All right. I can make a $60,000 judgment go away with a letter. I can make that go away. I'll guarantee you. You didn't do a $60,000 credit card? No, no. In fact, it's, you know, it's like two grand, that's it. And, um, never in my life in history did I, did I realize that. I mean, I've never heard of anybody going after anybody for for those charged off credit cards. I mean, that's been going on through history. And that's because they get away with it. I write them one letter and they never, I never hear from them again. Okay. All right. Well, we'll go on and we'll let other people talk. I just, I wanted to get your take on it. And, um, um, I will, I will try to maybe get in contact with you if you have a few minutes on the, you know, on a personal level where maybe I can just pick your brain just on a few things. Or you can put me into a template of some sort or a basic letter that I could get started with. Okay. All right. Thank you, Jean. And thank you, Angela. Nice talking to you. Thanks, Maggie, for coming on the call. You can mute me back out. Okay, thank you. Uh, okay, moving on. Jeff. Go ahead, Jeff. Corum. Nois. Hi, Eugene. I was, as you were speaking, I had a couple of more fundamental questions. I was hoping you might answer for for me. Would, would you say that a cross claim and a counter claim are one and the same? Yeah, they're pretty, yeah, they're pretty close. Okay. In Patrick's information that, that I think he's probably gotten most of from you, he says it is absolutely mandatory to do one of these cross claims. And he ties it back into biblical stuff. And I just thought that was interesting. That's how you identify yourself as a creditor. That's what he said. He said it. Well, see, here's how I see it, Jean. In the Bible, in the Bible, that Christ went into the temple and he turned the tables on the money changers. And I think that's what all this has to do with. That's what over is. And that's what turning the tables was was was switching the the switching it around so that you're now the plaintiff instead of the, that the, um, help me. You know why tax returns are filed on April 14th? Why? Because that's the Passover. Yes. Okay. I understand that. Okay. The Passover is from April 14th to the 22nd. The, the other thing I'd like to ask you, if you agree with this, is in the, in the scripture, the Christ, when they asked him if he, if the master paid tribute, he told the disciple to tell him to go get it out of the fish's mouth. Now, in my opinion, I think that has to do with the cusip number and the call. I think this is all related somehow. Because I think what he's talking about there is what you have said on this call. When you go get the money out of the fish's mouth, where does the fish live? The fish lives in the admiralty, in the pool, in the sea. Yeah. When you go to the great big pooling account and you go fish for the, that's what they call the beast that came in and out of the sea. Yeah. And so what you're trying to do is bring that fish back up onto the dry land, aren't you? Yeah. You know what the word BE stands for? Go ahead. Belgium Electronic Surveillance Terminal. Huh? Belgium Electronic Automated Surveillance Terminal. And what you're doing is, what's that? That's an, that's an annual numerical number association in Brussels, Belgium, which is tied into the BIS, Bank of International Settlements. Yes. And that's where these cusip numbers on. And I had a friend who just got a cusp number on his case here in Indianapolis. He went from 30 years to, uh, three years probation because we, there were some things we didn't understand. But it don't matter. When they tell you, when they tell you, you, you go f that call. They tell you you have a right to one phone call. That one phone call is not talking about a phone call, is it, Jean? It's talking about going in and getting that bond. It's got, and you have to have the cusip number to identify the bond. And as soon as you identify the cusip number, you can go fish and bring the the fish back from the sea onto the dry land where you can deal with it. Am I correct? Well, they're using the 141 of title 26, private debt instrument. Yeah. And then once you get it up on dry land, then now you can deal with it. You know, yeah. But you got to make them pay the tax. They don't have a bond. No, you have to give them a 1099A or B or C. I don't know which one. Well, you got to do an OID because they don't have a bond on it. They're using you as the as the original issue discount. In prison? Yeah. They're trying to use your exemption. Well, your explosion. Yeah, yeah. And you, and that's why you have to turn the tables on them. And one of these forms turns the tables on them. But I'm not sure exactly which one. Do a margin call. You know what a margin call is? No, no. I'm not for, I'm not familiar with that, sir. Okay. When you buy, when you trade on the on the on the, uh, on the commodity exchange, you, they're called puts and calls. A put is a buy and a call is a sell. Yes. Uh-huh. Okay. They buy things on margin, right? Which means that the the trader will give them 50, 50% credit. Uh-huh. And if they go over that credit, he does a call, margin call on them, which means they have to come up with the rest of the money. Which is why they make you put a bond up. Right. What you're doing is identifying their claim. But they have a tax claim because they haven't registered the security. So there's no bond in place. So go read 2030 2 E11. They have to put a bond up with the Secretary of Treasury's office to cover the capital transfer tax, which they haven't paid. So when you make your one phone call, which actually really means is you're going back to the market and telling them to call the security back in, are you not? Right. That means they have to put the funds up. Yeah. And they have to release you. They're holding you as collateral for the funds. That's right. And and they're actually using your exemption or whatever you called it, your exclusion. They're using your exclusion, which is your Social Security number. They're using that in order to keep you in bondage, are they not? Yeah. They're using that to cover the margin, right? And when you call, if you do a margin call, they have to come up with the funds. And they can't do that either. They have to do that or release you. Yes. So if you don't, if you don't make the call, if you don't, if you ask, not you get not, or however that expression goes, you have to ask. Well, you want to, you want to, you want them to file a 1099 OID to identify who the payor is on the funds and who the recipient of the funds is. Tell them that you want to see how fast they get you, they get you out of there, right? Because the recipient on the funds would have to be you. Yeah, because you're the bank. And and and and everything has to come back through you to the source. Well, no, you're not the recipient. You're the payor. Well, you would, would you not actually be the payor and the recipient? Well, they're the recipient of the funds. That's why they have the tax liability. They're the transferee. Oh, you're right. Okay. That's exactly right. You're right. So this would keep you from doing any kind of an argument, any kind of it would keep you from doing any kind of filings into that court. You're not going to tell me you're not doing anything until they, they prove up their claim. That's a margin call. Yeah. You ask him to produce the 1099 OID. You're doing a mar Marg call. Yes. Because they have to identify where the source of the funds are. And if they're not the source of the funds, they have to release you. Right. And and if they, yeah, if they don't do either way, they have to release you. Because what one way that, that's one, one way you, you basically, you've made an offer to settle the claim and they've refused it, which means a debt tendered and refused is a debt paid. And if they, either way, they have to release you. Because one way, you've made the offer to to settle the claim. The other way, they refused your offer. So a debt tendered then refused is a debt paid. They, they have to let you out. One way or the other. Do they not? Yep. Yeah. That's what I thought. Okay, very good. You answered my question. Thank you, sir. You're welcome. Thanks, Jeff. Okay, next we have. Hi, beautiful five. That's a lovely name. Give me hello. Without no. Hi there. Hi. How you doing? Um, well, we're doing pretty good. Um, I have the question on, uh, um, uh, close, the writing a letter, writing on a closed checking account. Yeah, you have to do electronic transfer if you do it on a closed account. Yes. That's what we did was a, um, uh, electronic transfer. And we bought, um, actually, we paid off a mortgage for our son. And the mortgage was paid off. And he is all worried that something's going to happen that it's going to come back on him or he's going to have issues with it. Well, you got to understand what you're, you got to know what you're doing. I did that with Walmart. I did a closed account check. And he said the check was bad. I said, "Well, give me the check back." It wouldn't give me the check back. So I gave him another one. And the guy, I did a bill of exchange. And the guy, uh, their legal department called me up. He says, "How can we settle this?" I said, "Well, I gave you the bill of exchange. Just settle and close the account. I'm authorizing you to settle and close the account." He says, "Okay." So he did. Okay. Well, the mortgage, uh, company sent them a $4,400 check for, that was what was the remainder in their ESC account. And said that the account had been paid or the loan had been paid off. Yeah. Well, that's, there's your proof. Okay. He's got nothing to worry about unless they want to double dip. Right. If they, if they come back, sometimes they'll do that. They'll double dip. And you think you're in. What they're doing is they're double dipping. They're making another charge to your account. They figure, well, if they can get one payment out of you, they can get another one. Right. Now, um, can they come back on us either? Can they? Well, these people do whatever they want. It's a free-for-all. And on the back, when we endorsed it, we put on there, "Not for deposit, EFT only for discharge of debt." Yeah. Sign it, authorized representative, and it's without recourse. And when you, uh, if you don't put that down there, they'll try to double dip, right? They try to go in there and they try to deposit it. And then the check will bounce, right? Can't deposit an electronic transfer check, right? We've had a few cases where that happened where they try to deposit it. And they go, "Well, if it balanced." They go, "Well, it's an EFT." And they act like they don't know what it is. Tell to read title 15, section 701 through 706. That's the Uniform Electronic Transfer Act and the Uniform Electronic Signature Act. Okay. Is that title 15? Title 15. Yeah. -108 of the Uniform Commercial Code. That's why they created MERS, the Mortgage Electronic Registration System. They do an electronic transfer. And electronic transfer on a non-negotiable instrument. That's why all these, all these loans are non-negotiable instruments. That's why the Uniform Electronic Transfer Act controls. Because it's, it's not governed by Article 3. If it's a negotiable instrument, it's governed by Article 3 and not the UETA. Okay. Now, how would we, uh, enforce that if
They don't accept it well. Just, uh, uh, you mean if they send you the check back? Yes. You mean for they make another presentment? Uh, this is on another case. Well, do a, do acceptance on proof of claim. Where do they get the authority to make another presentment? Do a conditional acceptance on proof of claim. Oh, make them prove up. Make them prove up their authority to make another presentment when you've already discharged the existing one. That's how you use conditional acceptance to get rid of your, your liability. And people are not doing that.
Okay. Um, do you have an example of a conditional acceptance? You bet. Them. Okay, sign up for my class on Tuesday nights. I go into that detail. We signed up for it, but because we're not real good at, uh, um, all the PayPal account and we, we kind of screwed it all up. So we're going to get, we're going to try for next Tuesday. Okay.
Okay, now what about places that say they don't accept the Efts? They do. Who says they don't accept it? Pardon me. The, uh, the U, the UAT has been put into every, every The Uniform Commercial Code 1-108. Tell them to go read The Uniform Commercial Code. Okay. Go read 1-108. Okay. We do that. And go read the title 15, section 701 through 70006. Okay. We haven't read that, but I've, I've gone through a lot of the UCCC stuff. Read those two sections. Okay. We'll do that. Uh, thank you very much. You answered all our questions. You're welcome. Thank you.
Okay, we're going to move along here. We have, um, Cleveland has a question. Go ahead, Cleveland. Um, hello there. Hi. Yeah, how you doing? Fine, thank you. Did you have a question for Jean King? Yeah. Um, Jean, you mentioned, um, when you were on a, a, a, a talk show, I think a week or two ago, about using a, a constructive trust along with the executive letter. And, um, I was wondering, can you go into that a little bit about, uh, how you put the constructive trust together? How it's worded? Or if you have an example of that on your Tuesday class? Or can you get into that a little bit?
Okay. A constructive trust is what equity, a court of equity uses to give restitution and reimbursement to a plaintiff when they're in, in, in illegal. And you can do one. Okay. I have a, a complaint that was done by Jessica McCaron. It's a Reco complaint. She put a constructive trust into the complaint to give restitution and reimbursement to the, to the plaintiff who she was representing. That's how a court of equity gives restitution to a plaintiff when the person they're doing the constructed trust against is in possession of money that they're not entitled to. That's why you do, that's how you get restitution and reimbursement. That's what, that's what the purpose and function of a constructive trust is. Every time you go into court and they're bringing a claim against you and there's another plaintiff involved, they're using a constructive trust in, in equity. Okay. So what I do is I appoint the judge as a trustee and I make him liable for all the taxes and they drop the case.
So when you appoint the judge as a, as a trustee, that's part of the constructive trust, right? And you have the power, power of appointment under the Power of Appointment Act of 1951 because you're the donor. And the donor has that because it's a class five gift on estate tax, the donor has total control over the power of appointment. You can appoint anybody and they have to accept that. Read 2038 and 2514 of the title 26. That's The Power of Appointment Act under title 26. Was passed in 1951. So you, and, and, and, uh, from your purview, using the constructive trust as enforcement, that would work with the executive letter? If, yes. It was cases where judges just gloss over and keep moving on. That's what, that's what David Clarence has missing from his executor letter. You have the power of appointment. You can appoint anybody. You're the holder of the power of appointment. Why? Because everything is a class five gift and estate tax and the donor controls it all.
Okay. Can, can that constructive trust also work? Um, you were saying on a previous call that you were, uh, I guess you were an evic, you went and claimed the property? Was that property in an eviction situation? Or you said you went in, you claimed the property? Yeah. Well, the people deeded me the, what they did is they, they deeded me the, the, they gave me a, uh, grant deed. They, they abandoned the property. They left the house. They gave it to me. So I defended it. I've still got it. This is three years ago. I've had it for three years. But what they, they, they tried to do a, uh, they tried to do an unlawful detainer. They tried to do everything. I, I closelined them.
Now, when they, when they put the unlawful detainer in, that's when you, uh, uh, uh, did you do a conditional acceptance? Or you, uh, or, uh, the constructive trust? I did. Yeah, I did a constructive trust. I did affirmative defenses. They didn't have the authority to conduct a sale. Did you know that 50% of the owners of the, of the notes have to certify before they, before they can do a substitution of trustee under 29? Go read 2934 of the California Civil Code. Okay. Okay. Well, you know, the, uh, uh, the letter that you read on the previous call, uh, with, with David. Yeah, I wrote that for. It's a $60,000 car loan. The judge took the case off, off the calendar. You mentioned some, yeah, I remember you were saying that. You mentioned you also mentioned some Ohio law in that, in that case. Well, it was all California. 3305, which is, uh, 3301, 3303, and 3309. You have to be a holder. They're not a holder. They're not a holder in due course because the note is a non-negotiable instrument. So they took it subject to all your defenses and claims. So if I do defenses and claims, what are they going to do? Right. They can't foreclose on the property. Three years, huh? Yeah. Still got it. I'll have it three years from now. You know what happens when a paper [ __ ] meets a blowtorch? [Laughter] What this family show? Jean, excuse, excuse my French. You get spontaneous combustion. Right. Right. But I'd like to see that. Um, are you gonna present that Tuesday? Like, example of that? Okay. Remind him. You got to bring, bring it up. Just remind me and I'll go into it. Okay. Fantastic. Fantastic. Write it down.
So can, um, is there anything that you, uh, do you see the executive letter as being a, um, with your, with your knowledge in the areas of expertise with trust law? And I think the office is vacant. I think the donor has the power of appointment. Go appoint yourself the executive. Okay. Tell under, under 2038, 2514 of it, 26, I'm appointing myself the special occupant of the legal estate of the decedent. A by absolute. It's called absolute estate. Absolute estate. You said 20, 20 what? 2038 and 2514 of title 26. 25. Okay. As the donor beneficiary of this trust. Or you can call it a constructive trust, you want. I'm a, I'm appointing myself as, I'm filling the office of the special, I'm claiming the office of the special occupant of the legal estate. Say it's the legal estate. It's not a legal estate because there's no executive. You know what happens when, when, you know what intestate is? When, when a, an estate has no heir or beneficiary. That's why these judges are doing constructive trust and equity, right? And giving restitution and reimbursement to the plaintiff, which is the lender or the servicing company. It's because there's no beneficiary or heir. You are the heir and beneficiary to the estate and you're not stepping up to the plate and you're striking out. That's why you're not winning in court. Right. They took me out of their system. I'm not even in their system now.
So do you know how, uh, um, um, once you establish a trust, there's no need in going after their bonds as enforcement? No, that's a waste of time. Make them liable for the tax. Oh, right, right. Taxable termination. I'm appointing myself, the donor, as the executive of the estate. And I'm making you the trustee by power of appointment of the Power of Appointment Act of 1951. What are they going to say? And because you're the occupant of the executive office, right? I'm occupying. I'm claiming the executive office of the legal estate. Say it's the legal estate. That's what's missing on, on David's, uh, uh, letter. Because you cannot make that appointment as the grantor. Can you? No, you have to do it as the donor. Right. Right. Because the donor has, I looked this up. I've got the, I'll go into that in my, in my class. Show you the authority for it. You got total power, right? And you're not using it. Well, I like the fact that you bring in title 26, um, uh, uh, 2514 and title 26 and the other, I think it was 2038. 2038. And I'm gonna, I'm, I'm going to study that. But you know, you, you're bringing in, I have the original laws, original statutes, which they pass those public law. Okay. They pass that 1951.
Now, when you, um, um, if you're, what's your stance on the general post? Is it, if, if the general post is being ignored? I mean, I know we're sending in letters to the, uh, uh, the Postmaster General, the Postal Inspector. But if the general post is being ignored, do you use the general post with your executive letter process? Or, um, yeah, I would. Okay. Okay. Okay. Spank them and send them home without any postage. Absolutely. Bravo. You got to show who's lost, right? You know what the bottom line is? If you don't know what your rights are, you don't have any. And you know what rights are under the Uniform Commercial Code 1-21? Rights or remedies. If you don't know your remedy, you don't have any. That's why, that's why most people are not winning in court when they go into court. And when you go in, remember, when you go into, and when it involves real property, you have to be in a land court. None of these courts are land courts. Challenge subject matter jurisdiction. If the real party in interest isn't before the court, can the court make a ruling? Are you saying that most foreclosures are in the wrong venue because it's not a land court? What's your first clue? Venue. You're in an improper venue. And you're getting, where they're getting subject matter of jurisdiction by contract because you're contracting with them. Go in there by, say, I'm here by special appearance on proof of claim. I'll conditionally accept your offer to move forward on this case on proof that this is a court of record and that you, this is a land court that has jurisdiction and venue under the Constitution to litigate land cases, which is what a foreclosure case is. None of these courts, and I'm not talking about an N, I'm talking about an N, E, none of these courts have jurisdiction to foreclose on anybody's property. They're doing it by contract because you're going in there and waving jurisdiction. You can't wave subject matter, but you're not raising subject matter jurisdiction. I've got all the documentation on this. You know who Donna Baran is? I spent a whole two hours on the phone with her this morning. There's a, and if you, if you sign up for my class, I'll give you a copy of this. You got to read this letter. Here's, here's, I'll tell you what it says, okay? You can't get, they took this off the internet because of the impact it's going to have. And this is in 34, this is volume 34. Let me get, give you the site on this. I'll give, I gave a copy of this to Angela today. I don't know if she read it. I haven't read it. Well, she can give it out. Anybody wants a copy of it, I'll give you a copy of it. It says, "Abolishing Local Action Rules: First Step Toward Modernizing Jurisdiction and Venue in Tennessee." These people don't have venue to foreclose on anybody's property because they're not land courts. And this document, that's the whole thing. I've got all the case, I pulled every case in this, and there's about 100 cases in here. This is 60 pages long. This is a law review. Donna Baran, for all the people, uh, Jean, that have, and here, here's another. Let me, let me, let me say this. Excuse me for interrupting you. Excuse me. Okay. Let me, let me, uh, give you this case site. You can pull this off. This is on the internet. Onie Penzie versus Fessenden. F-e-s-s-e-n-d-e-n. And the, and the site is, spell that. Spell that again, Jean. Slower. It's Frank, Echo, Sam, Sam, Echo, November, Delta, Echo, November, M as in sending. Okay. And it's 258 U.S. 254. You can download it off the internet, but I've got the annotated. It says a court has dual jurisdiction. Two jurisdictions. Let me, let me read this to you. I'll read you this right out of the case. I'll quote it to you right out of the case. "We live in the jurisdiction of two sovereignties, each having its own system of courts to declare and enforce laws in common territory. It would be impossible for such courts to fulfill their respective functions without embarrassing conflict unless rules were adopted by them to avoid it. The people for whose benefit these two systems are maintained are deeply interested that each system shall be effective and uninhibited in its vindication of its laws. The situation requires, therefore, not only definite rules fixing the powers of the courts in cases of jurisdiction over the same persons and things and actual litigation, but also a spirit of reciprocal commodity and mutual assistance to promote due and orderly procedure." You have a dual jurisdiction. Listen, listen to this. "The chief rule which preserves our two systems of courts from actual conflict of jurisdiction is that the court which first takes subject matter of the litigation into its control, whether this be person or property, must be permitted to exhaust its remedy to attain which it assumed control before the other court shall attempt to take it for its purpose." The principle is stated by Mr. Justice Matthews in Kovell versus Hayon, 111 U.S. And I pulled that. I pulled every case in this case. So whichever court, even if the court doesn't have subject matter jurisdiction, if they take control of it by you contracting with them, they have to exhaust that litigation. But if you challenge subject matter jurisdiction, then they have to prove it.
[Music] That's powerful. A land court. And in Florida, it's the county court. So in, in, uh, since, you know, you know about Ohio and, uh, in this, every, every state constitution has this in it. Most of them have a county court, okay, which has, it's called a land court. And they have only the land court has venue over the foreclosure. None of these courts that are foreclosing on these properties has venue. And nobody's challenging venue. When, when you say county court, you mean like, um, for example, Koger County? Because I know, you know, Cleveland, Koger County, wouldn't that be the court for? I believe it's the, the, uh, Court of Common Pleas, right? Right. Well, they, they, well, they're doing it right here because that's the court that they foreclose in. The Court of Common Pleas. Yeah, but is that a, is that a county court? Yeah. Go look at your constitution. I haven't read Ohio's constitution. Ask them if they have jurisdiction over land. Okay. Where does it say it in the con? Go look in your constitution and see where it's the jurisdiction is conferred on them to do, to do foreclosures. Challenge venue, not jurisdiction. Venue. Venue. Now, if that's the case, if, if someone has lost their home, they can go right back in there, um, on these same issues, can't they? Yeah, you bet your bippy. Okay. You can get a void judgment. You want a void judgment? It's void on its face because the court lacks subject matter jurisdiction. In California, that's 473D of the California Civil Code. And we can shepherdize it into Ohio. Yeah. See, California, because of the population, they have a separate civil code and they have a code of civil procedure. And I know every section in it. [Music] Yeah. Here, California is really, they're getting away with murder because that people don't read the statutes. Mhm. And they're not challenging venue. They're going in there and contracting with people. Can go in there and contract with them. Don't contract with them, right? That's how they get jurisdiction. And this is what this is telling you, right? They do it by consent. Right. They can't. The judge tries to get you to consent, right? What are you doing when you testify? If you return the papers within the 72 hours, because you know there's times when they don't get a service, for example, and they'll still try to proceed and get a judgment without even getting service. Yeah, but because, yeah, but they, they can't do that. If you challenge venue, they don't have venue. Okay. Nobody, I don't know anybody that's raised venue. I hear a jurisdiction thing, but you know, you, you coming in with venue. You know, venue is more important than jurisdiction. That's prob, I'm gonna check the Ohio Constitution. Yeah, because it'll tell you what, uh, and we definitely going to have it this Tuesday. Yeah. Toby, uh, I, I'll be ready. Yeah. Let me go into the Epy dictionary. When you look up words, you should go into the Epy dictionary and look up the definition. I'm going to look up the word venue. Okay. And read it to you. What it says. Un momento, por favor. Okay. Cleveland, give us a little song and a little music, maybe singing. How's your voice? V, snow, come to Cleveland. Venue, venue. Early 14th century, a coming for the purpose of attack from old French venue, coming from the feminine passive participle of venir, to come from, to come from the P base gwa, to go or come from. See come. The sense of place where a case in law is tried is first recorded in the 1530s. Extended to locality in general, especially sight of a concert or sporting event. A change of venue is from Blackstone, and it uses the word co, which I hear is so co means to approach land. What does that tell you? To come, approach land, come to oneself, recover, arrive, assemble, to go from, to come. He goes to be B horn, substitution of O for U. It is scribal change before minimums, originally mu, manuk, sum, modern past tense from came is Middle English, probably from the old [Music] noun, productive with with, uh, [Music] BBS. Got a lot of background noise going on. A lot of air. You in front of a fan? Cleveland: Yes. I'm here. Are you in front of a fan? No, I had you on speaker. I was. Oh, is that a little better? Yeah. It means background noise. Land. Do you see how important this is? See, venue means land. And they can only, only a court that has venue over land has [Music] jurisdiction. Nobody, I don't know any, you know anybody that's ever raised venue? Well, I would say, uh, Angela doesn't. Uh, Harold in New York. I mean, I haven't talked in a long, long time. Doesn't he bring up the issue of venue? Yeah, yeah. I think I mentioned Harold to you, Jean. You guys ought to get together and talk. Yeah, I'd like to talk to him. Not like a smart man. Yeah, he is. Yeah. That's venue is very important. They don't have venue, and you're giving them to it by consent. You're consenting to it, even though they don't have it, you're giving it to them. And I know you mentioned earlier how you go in, um, you don't go in what you know, waving any of your rights. And, um, you go in and special appearance. Yeah. Say, yeah, that's P. It works too. You have to stand your ground, right? Okay. Anything else, Cleveland? No, I, I, I, uh, I'm just going to, uh, listen in and, and, uh, I'll see you Tuesday. Jam. Okay. I appreciate the call. You're welcome. Very cool. Thank you so much. Okay, we've got a few more. California, go ahead, California. I guess that's me, right? That's you. Oh, hi, Dallas. Hi. How are you? Angela, thank you. I, uh, yeah, thank you for having Jean King on, by the way. My pleasure. Uh, Jean, I, uh, I have a couple of questions that I, actually, I have a, a DVD of you from a couple of years ago that I've looked at a couple of times and I haven't looked at in the past year, but it was a, a similar to did where the same thing I heard back then is the same thing I'm hearing now. So it's, it's telling me that, you know, what you're saying is accurate and, and something I appreciate. Uh, my question is regarding the 8281 form. Uh, me and a friend are helping, uh, someone else that kind of got in trouble. They listened to someone, um, using a 1099 OID and got a fairly decent check, um, kind of under a little bit under $200,000. Ended up paying a bunch of bills, getting things done, and then the IRS came back after him. And so he's been through, they want to find out if you know what you're doing. Yeah, he's been through years, District Court. He's down in San Diego. Been through years, District Court already. They, uh, and what they want to do is they want him to, uh, they're attempting to enforce the summons on him to, you know, his books and records and everything. And, uh, and so what he's doing now is he's doing an appeal. But I was looking at the form 8281 in regards to part two, 4490 form. Ask him where their where their claim is. And what was that again? 4490, proof of claim. Oh, so the proof of claim. Yeah. Make them prove their claim. The IRS. Okay. Now, would he, would he need to do an 8281 since he did a 1099 OID? Well, I'd make them, uh, prove up their claim. Okay. Even though you didn't file the 8281. Okay. To a proof of claim. Okay. That's the IRS form 4490. Yeah. Okay. All right. Yeah, 'cause they, what they're attempting to do right now is to do cohesive tactics to get him in prison because he's doing an appeal. And everything we've done so far is based in pure law. And so they've made tremendous amount of errors. I mean, all kinds of errors. They just, I can't believe they're that stupid. But, and everything they put on paper. And, yeah, they're, they're well, maybe they're not stupid. They know what they're doing. They are just rolling over him. They just don't care. They don't, they don't even read anything that he submitted. And, um, and they just, they are just rolling over him. They just don't care. They, the judge is writing orders that, you know, just the way the attorney is, the US attorney is telling them to write. And, um, so, yeah, so this proof of claim is the one that, uh, should be sent. What, directly to the Internal Revenue Service? Yeah. Is it, the address to send it to on the 4490? I believe it is. Yeah. Okay. So it'll be sent to that address, not to the court or to the US attorney, then? Yeah. Okay. So they can get a copy of that way. Okay. And so his, him doing 8281 is not at issue right now, then? That just, that proof of claim. Yeah. Make them prove up their claim. Where do they got a claim to, to, uh, invalidate his 1099 OID? Okay. Go look at the 4490. Read it. Okay. Okay. And, and is there, is there a publication for the 4490 that, uh, explains a lot of it? Yeah, I believe there is. Well, I guess if I were to Google that out, it would probably come up with the, the publication that, no, that would talk about that. Yeah. Might be on the forum. Hang on a minute. I'll, I'll pull it up here. Hang on. Just take me a minute to pull this up. My computer is faster than a speeding bullet. It's able to leap things that are single bound. I thought you had a rodent and a wheel operating the thing earlier. Well, my hamster died, so I had to replace it. He had a Marty, or he had a mild cardiovascular malaran. [Laughter] Worried thing driving it to the bone. Yeah. It's, it's, form 44490, proof of claim for internal revenue taxes. It says, "The undersigned officer of the Internal Revenue Service, a duly authorized agent of the United States in this behalf, being duly sworn, disposes and says he has to put his name here is justly and truly indebted to the United States and the amount of, with interest and penalty showing." Okay. Yeah. I'm attempting to pull that one up too, but my, my computer must be just like yours, so I'm having a hard time pulling. Okay. Okay. I see it right now. Yes, I see it. Okay. There's a, it said, "Use now." This is in the Internal Revenue Manual 5.5.4, proof of claim procedures. So here's the practice manual on it. It says, "Use form 4490, proof of claim for Internal Revenue taxes, when filing a claim in probate or non-bankruptcy and solving proceedings." Now, you know, just like you talked about earlier, um, they did file a notice of federal taxing against them. And it was in the kind of tax. I see it here. The kind of tax and period, 1040, just section 1040 for the estate tax. And I'm familiar with what you're talking about under, uh, document 6209 for the tax class five, type taxes, estate and gift tax. Yeah, it's tax on farm property. And, and I didn't know that about what the definition of farm was until you explained that. Now that makes sense to me. Now, it's, it's an alternative value valuation under the deed of estate, right? Under, under 2032 valuation. And an evaluation on a carryover basis. Yes. And you know what, the one thing I mentioned too, that I, that I, that we're doing this, I know because it's happened to me before. And, and I know I pulled up a, um, a privacy act transcript. And in the transcript, it actually shows that in there, that they designate us as the, uh, executive. And shows the carryover basis in there. Yeah. Appoint them the executive. Yes. Uh, so, and that's what they did for him. So I guess that kind of tax on, on this form 4490 would be the 1040. Sent him a letter telling you that under 2038 and 2514 under the Power of Appointment Act of 1951, you're appointing them as the executive of the estate of the decedent. Now they have to pay all the taxes under. You mean as executive? Or as a, yeah, appoint, appoint him as the executive of the estate. Appoint them as executive. Not him. He wouldn't be the executive. Yeah. Appoint the IRS agent is coming after you as the executive. Okay. Because whoever is the executive has to pay the tax, right? Jean? Right. Yeah. Go read 2002. Okay. Okay. So you appoint the executive as executive. I, your ask, I mean, would you want to appoint the judge as executive? Yeah, you could appoint the judge. Appoint the judge. Say, "I'm making you the executive." I had to run out of the courtroom. Well, well, you know what? Just when you said that, running out of the courtroom, back about 11 years ago, I, I, when the redemption process started with Roger Elvik and Ron Larson, Rice McLoud, those guys, I was in their trainings. And I was the first one in Southern California to go into court and in LA County and to do all of that stuff. I got arrested in there. But when, uh, it was in Riverside County. When I went to LA County and I did that, and I accepted for value, what the, um, judge said, I didn't know why he ran out of corporate. He got up and ran out. And now I know why he ran out from what you're explaining. And you know, I guess he didn't know that I didn't know what I was doing. I just said, "I accept it for value." It was an audio recording of a court of record. And he actually got up and ran out and pointed to certain people, "Meet him in the chambers." And then read this. This is an actual manual. I've got it open here. Is that, is that the Internal Revenue Manual? Yeah, it's 5.5.4. Okay. 5.5.4.10.1. Okay. 5.5.4.1.4.1. Section overview. Yeah, it says claim procedures. Yeah, it talks about, uh, form 10492, notice of federal taxes due. Ah, okay. Under 31 USC 3713. Now, let me ask your question here. Okay. For his case, I could see where that could be something that could work very well. Um, um, I have a case right now. I don't have a driver's license. And I, this is in Long Beach, right here in California. And I've been back and forth to the court. And I don't want to, you know, I'm not stipulating for commission. I want to go into court of record with the judge. But the commissioner hasn't been there. It's been pro tems. And they just don't know what to do. They're just attorneys that are just there temporarily. And, um, but, um, what going into the court with a judge in a court of record and appointing the judge? What would that do? In a, you could do that orally. In a, yeah, you need to download the Uniform Trust Code of 2005, section 406 and 407. Tell you how to do an oral appointment. You can form a trust orally. So that I can, I can appoint the judge there, fiduciary, or his executive, whatever. Then this is just a traffic ticket case because I don't have a driver's license. And it's a misdemeanor case. Well, say you're, you're, you have the power of appointment under the Power of Appointment Act of 1951, under sections 2038 and 2514 of title 26, as the donor and beneficiary of record. You're appointing the judge as the executive of the legal estate of the deeded. You know, and I didn't know until you mentioned that that's why 11 years ago when I did that in LA. Oh, ask him if he's got a St. Ran out 'cause he thought I was going to appoint him. Yeah. Have to pay the tax. 'Cause what he did was he told me, he said, "If you walk out of my courtroom, I'm going to have you remanded to custody and I'm put $50,000 a bill on you." So I accepted it for value. And he got up and ran out. And maybe I guess he thought he was going to have to pay tax on the $50,000. Well, yeah, because you, you, you, you, I guess you ran out before I had the chance to appoint him. Yeah. On, say, on proof of claim, they, I conditionally offer to post $50,000 on proof of claim that you have the authority to make a presentment. That makes sense. And, and Jean, when I saw your DVD, I looked at it. It was the, I guess the most, the most, uh, precise explanation of the commercial process I've heard in, you know, since 1999. And I hunted you down. I couldn't find you. And now that I found you, and you have a Tuesday class, I will be there. Yeah, I'm giving the, I've been successful on every time. Every time I do, they don't even send me. They sent me a $3,000. You know, this house I got that I took over, I did a hostile takeover on it. The attorneys sent me a three-thou, they represent Hawthorne Estates because this is a gated community. They sent me a $3,000 property tax bill. And I did a con, you got to read this letter. I sent him. Never heard from him again. You know, something I did. I was close to that. Okay. And I still didn't know what I was doing. But I, I heard someone asked about closed account checks. Did you know that California is not a state? California's a territory. Why do you think they're doing all these foreclosures? Did you know that that California was never properly ceded to, to the United States under the Treaty of Guadalupe Hidalgo? So still a territory. Yeah. Did you know they changed Article 9 and Article 6 and Article 8 and Article 10 of of the, that all all Mexicans were to be made American citizens under the treaty? They took that section out. And if they were to be granted all their land grants, they took that section out. They changed the whole treaty without the permission of President Polk. Nicholas Trist did this under contract with the Senate without the approval of the president. So it's not valid. President has to approve all treaties. Wow. So none of these court decisions, none of these courts have any jurisdiction to do anything. None whatsoever. The real party in interest is the, uh, uh, the President of Mexico. Go download the Treaty of Hidalgo. I'll wish I had time to go into it. I go into this in my classes. When you, when you mention that, when you mention that, I have one question that's probably real quick. But when you mentioned about the, um, the courts, I forgot what I want to ask you. But let me ask you my question. So my last question here, about 10 years ago, some, well, someone earlier mentioned about the closed account check. And I want to see if that was something that just was a quirk or was there something real about it? I used a closed account check with the court in Riverside, California. And it was for the fine. Once they convicted me, I didn't know what I was doing. It was my first time going through the redemption process. And they fined me $2,150. And they kept sending me a bills saying that they were the creditors. They were my creditors. The bill said, "Your creditors" on everyone they sent me. And they said if I didn't come in and pay the bill, that they would send out a warrant for my arrest. So I went in. And when I went in, it was a pro tem. And the commissioners and the judges that I knew who knew me there because I've been there, I was there like every other day for almost a year, they weren't there. And pro tem didn't know why he was there. And when he said, "All I had to do was pay it." I asked him, "What form?" He said, "You get paid by cash check." But I said, "I'll give you a check." So I gave him a closed account check. I went down to the clerk, paid on the closed account check, wrote what I need to write on there, went back up, and that was it. Then about a month later, they said I need to go on and talk to Financial Services. When I want to talk to them, they said it was bounced. I said, "You're paid. I don't need to pay you anything. You're already paid. Don't bother me." And I left. And I kept looking on the internet, and they said they were going to file a warrant for my arrest. Nothing ever happened. They voided it out. Now, what did that mean? That they voided that out? They said they voided it out. And I've never heard from them since. They've never bothered me. Yeah. What do that mean? They voided it out. Well, they V, they, they made it disappear. Voided the judgment. So they just voided it with a closed account check. That's what you can do under 473D on all these unlawful detainers. Their void judgments on their face because they never had the authority. Ask them if they have 50% of the certification and acknowledgment by 50% of the owners of the notes. And who are the owners of the notes or the securities that they're they're foreclosing on? Ask them if they're a holder in due course. Okay. Ask them if they took it subject to the defenses and claims that the payer could assert against the payee. Say, "Isn't that true under 16 S R under the Federal Trade Commission?" Section [Music] Oregon, go ahead, Oregon. Do you have a question for Jean? Hey, Jean. Good to hear you. Thanks for having. I hope I'm sounding all right. We, we need you to get up real close to your mic because it sounds like you're a million miles away. Okay. Um, did you repeat that last DFR that you mentioned? 16 volume M, 16433.2 of the Code of Federal Regulations. Go into the electronic, type in electronic code of federal [Music] regulations. Signature. Also, hello. Yeah, go ahead. That, that's all the electronic signature act, right? No, that's the disclaimer that they have to. You mean, are you talking about the UETA, Uniform Electronic Transfer Act? Right. And is that what you said on the 16 CFR? Yeah, no, that's 16 CFR is the disclaimer that they take it subject to all defenses and claims. You should ask them that when you go in for venue. Say, "Didn't you take that subject to all my defenses and claims?" Well, here's my defenses and claims. Watch him cringe, man. Tell them you want your proceeds from the sale of the security. Yeah, that's what I want. Where's the check? Yeah. Where's the check? All right. Is that it for you? Yeah, I'm good. I appreciate it. See you. Great. Yeah. Wish everybody let teach instead of getting off on every. No, everybody's got personal issues, but wow. Well, he'll teach on his class. All right. Thanks so much. Much. Go ahead, Jean. What were you going to say? Well, people need to learn how to handle themselves. Yeah. I've actually got one of these forms filled out. These 4490 forms. I found one that's filled out. It filed with the, I'm gonna save this. Save this to my computer. That's that 4490 form. That's the, uh, IRS for proof of claim. Yeah. This is a bankruptcy court. Yeah. They actually filled this out, filed it with the court. District is in the District Court of the District of Colorado. Receivership. Okay. You want to make some more questions? Yeah. Then I'm going to fold up. One more question. Well, we've got three people. Okay. I'll take three of them. Okay. Thanks. Okay. Beloved or Belove, go ahead. Do you have a question? Yes. Um, can you hear me? Yes, we can. I can hear you. I, I was growing medical marijuana. And I had, um, the cards and patients. And they came in and took my harvest. And they took my safe that had, um, $30,000 worth of gold coins. And they confiscated my car. And I didn't know. I ended up having to hire an attorney. But how would I have been able to get my things back? Who's, who's they? The, um, drug enforcement code, DEA. Yeah. Well, do, do a 4490 on them. Proof of claim. You can do. You didn't lay claim to it, so it's abandoned property. Go read, uh, mitigation. And go into title. They do it under title 18, section 981, 982, 983. I don't know what they did it under. It was under the, um, heal code. Well, it's a forfeiture. Yes. That was the big thing. You had 20 days to post, post bond. And then they kept my bond money too. But no, what you have to do is file an in rem. They do it under supplementary rule C. You didn't file an in rem complaint laying claim to the property to, to mitigate it. And so they, they, they take it and they take the proceeds. It's abandoned property. Well, I didn't abandon it. I, I put the bond money up. And my attorney negotiated with them, which was totally unfair. So I didn't know what to do in the situation. I, it's too late to do anything now, but I wanted to know what I should have done. You should have filed a claim. You should have never hired an attorney. They're, that's why they got M-T-U-D-E on their forehead. Yeah, they're in bed together. And they're liars. You know how you can tell when they're lying? Oh, their lips are moving. And how do we get? I'm, I'm having a hard time getting signed up for your class. You, you got to email Toby. Skype, toby.butterworth. Angela has it on her website. I to sign up. Okay. I've been trying to get in there with her, her website, but it didn't work. www.myprivataudio.com. Very good. Thank you. You're welcome. And then it's just on the right upper portion. It says Jean King about tonight's call. Click on that. And it'll take you to a page where it'll show you, um, Toby's name to Skype for. And also the PayPal address. Will we be able to do it other than tonight? Or does it have to get enrolled tonight? No, you can do it. I think he takes what, all the way up to the day of the thing, right? Yeah. Long as you get in there, so you can register. Yeah, just, you just have to give him enough turnaround time to send you, I guess, the link and password to the, I guess each person gets their own distinct link to the webinar. I'm, I'm not good with the computer. So thank you. Okay. Yeah. Not too difficult. It's not difficult, though. It's not a, you'll get the hang of it. All righty. Was that it for you, De Love? Yes. Thank you. Okay. Thank you. Okay, moving on. Teresa, hi, Teresa. Did you have a question for Jean? Yes. Hi, Jean. Hi. Um, you're a wonderful teacher. I heard a tape from you from years ago. Somebody forwarded it to me. And you're just the best teacher on the planet as far as I'm concerned. I've heard a lot of, um, teachers, and you really are dynamite. And I'm so honored and pleased to hear you tonight and be able to talk. Um, thank you to you and to hear all this. I'm just, um, I've listened to a few bad advice, I guess. It started out when I listened to Winston Shrout's, uh, coaches that I paid for to show me how to do the OID process. And that ended up in a, a, a tax lien of 100% since last May. And it's been pretty terrible. Even though, um, Winston doesn't teach that anymore, the damage is done. And I just really think that the coaches that charged that money should have come back and shown how to undo the, you know, the damages. And they, no one stepped up to the plate to did that. And then just recently, I listened to David Clarence tell me that I could write some checks on an account. So I wrote checks on an open account. And that ended up closing the bank ended up closing the accounts. And one of the checks I wrote recently, of course, after I tried to call David back, he didn't decide to no longer answer his phone anymore. That was nice of him to step up to the plate, too. But a medical bill for $350 of my son's, I wrote a check, you know, a negative check for that one. And now I got this letter yesterday from from the medical place saying that I had to pay the $3, whatever $24 plus a $20 bounce fee. And on top of that, if I didn't pay it within, I don't know, like five days or something like that, that they were going to send the police over to my house. So, um, I've listened to all the wrong people. And I'm so grateful that you have this class coming up because $25 is affordable. It's something I can do. And I'm, I'm just, I'm not going to listen to any of these people anymore at all. You're just absolutely wonderful. And thank you. You're welcome. Thank you, dear. And what can you, what, and what, what could you tell me about these these backwood checks? And, you know, I don't want the police showing up in my house. And I have an IRS 100% lien anyway. I thought maybe I'd write back to them and say, well, you know, if you want to call the police, that's fine, but they're not going to get anything from me because I have 100% lien. And 100% lien means no matter what I, where I work, I can't give them anything. What you should do is is use the bill as a check. Do a pay to the order of. It's not even a bill. It's a letter written. It's a, it's just a letter written that they're going to call the send the police after to me. Hey, do they have an amount on the bill? Um, it's, it's written in a letter form. Yeah, $38.24 or something like that. Do a pay to the order of. Okay. It's a bill or a bull. In classical law, they call it a bull. I'm not kidding you. That's where the word.
Bill comes from bull. It's a "propel bull" endorsement for payment. Say, "Pay to the order of," uh, the Department of Treasury, then charge it to whoever sent you the bill. Then credit to the memory of my account and put your social security number on there. I did, memory? Huh. I did $80,000 judgment against the court. Never heard from him again. And do I write that slanted across the page in red ink? Yeah. Sign it red ink. Don't ever sign anything in blue ink. And make sure you're the last signature on the page. Never do anything in blue ink.
Oh, that's what I've been doing wrong all along. Yeah, you're doing. That's why in ancient times they used to prick their finger and then they, they, they would write it. They would take the quill, put the blood on their finger, and they'd sign it in blood. Red. That's the sign of the alive man. A dead man can't. If, if you sign blue ink, you're a dead man. Oh boy. Gosh, been doing it all wrong all along. Well, yeah, we all have, I guess. Yeah. I sent a, you got read this letter I sent to this District Court Judge. Well, I'll be on you in your class, that's for sure. And, and everything has to be in red ink. And it has to be the last signature. And what people do is when they notarize something, they put the notary after their signature. The only signature they say, "Last in time is first in line." You never sign your, your signature. Your signature has to be the last signature on the page. That's why you turn it over and sign it on the back, bottom back corner of the last page so they can't sign anything after your signature. And you want to do it red ink. Red ink. I can show you an IRS practice manual that says every document has to be signed in red ink. Beautiful. So watch the difference. Sign it red ink and then watch the difference.
So, "Pay to the order of the Department of Treasury," and charge it to the medical facility. Now, charge the sum to the, to the account of the medical. And write their account number down there. The account number is the bill number. Charge it to account and put the name and put their, if you have their, do a W9 on them. You want to see how fast these people, you all you'll see is is is two elbows and a fanny going down the street. I love that one. Oh, burn rubber. I laugh at these people. They don't, they don't none of them bother me anymore. You see all the, I bet I've written over two dozen letters and, and he never, I never hear from him again after I write the letter. So I could just do the W9 without the, uh, "Pay to the order of," or, or what? Yeah, I do the "Pay to the order of," and then ask them for their taxpayer identification number and tell them you want to see the 1099-OID to identify the source of the funds. Or you can do a conditional acceptance on proof of claim. Tell them, "I want to see the 1099-OID that identifies you as the source of the funds." Or, mhm, excellent. Identifies me as the funder. Yeah, identifies them as the fund. They're sending you a bill. If they're not the source of the funds, what are they sending you a bill for? Tell them to send you a check for the funds that you gave them. You funded them. Tell them you'll pay it. You'll send them a check to the, the instant you get the, the OID. If they, tell them to send you the copy of the 1099-OID that identifies them as the source of the funds and that you're the recipient. And you write them out a check to. They, you'll never hear from them again. Tell them, if you don't, if they don't send you the OID, you're going to file one with the IRS showing them as the recipient of the funds. Okay. You know what that is? A margin call. That's what I did on this judge. I did a margin call on him. I, I said, "Give me, send me the 1099-OID that shows you as the source of the funds." Never heard from him again. Them as the source and me as the recipient. And if they, and then, and then I wr, and if you do send me, you know, this is why they have to send you the 1099-OID because that identifies, because that shows you as the owner of the tax. Yes. I, yeah, I understand that. Okay. So if you're not the recipient of the funds, then you don't owe the money, do you? No. Well, then tell them to go fly a kite. You tell them if they don't do it, you're going to do it. And then you're going to have the IRS, you're going to sic the IRS on them. How do you like me now? You are so wonderful. Well, yeah, know the truth, and the truth shall set you free. Excellent. Thank you. Thank you so much. I feel so much better. Thank you. Angel, God, you're both, both so wonderful. I hope the two of you are on from now till eternity, all the time. You're so sweet. Thank you so much. Week. Thank you. D. You're very sweet. Okay. Bye-bye. Bye. All right. Good night. See you on Tuesday. Okay. New York, go ahead. Did you have a question? This is the last one. New York, did you have a question for Jean? Yeah, Mr. J. My first time on the call. I'd like to know how do you do with an IRS levy? Uh, levy is a, a secret lane. When they assess tax, the L, when they bring a claim, do a 4490 on them. Tell them to prove up their claim. Uh-huh. They're dipping into your account just like you. If they got to levy on, send them to send you a bill and then do a pay, a pay, pay order on it. Money order. Uh-huh. What they're doing is, uh, delivering my pension. Well, tell them to send you the, the, you got, you got a bill for the amount of the tax. Uh, yeah, they claim all, uh, with P and interest and all that. They claim all them so many hundreds of thousands of dollars. Well, do a "Pay to the order of," and then charge it to the, to their account and, and credit the memory of your account. Uh-huh. File, file the 1099-OID. OID. Okay. Join them as the recipient of the funds. Uh-huh. Join the IRS as the recipient of the funds. 1099-OID. And, uh, when, when have you ever seen anybody assess the IRS tax? Never. Well, they're sending you a bill, aren't they? Mhm. Well, what's your first clue? They're using your credit. So bill them for the tax. They're no, they're no different than anybody else. How would you do that, Jean? How would you bill them for the tax? Send them a bill. Do a money order. That's how you do it. Take their bill and do a money order. That's assessing the tax. Now they have to either pay the tax. Tell them you're going to file an OID on them. File the OID on them. Show them as, as a recipient of the funds. What is a 4490? Uh, Jean, proof of claim. Uh-huh. Go read it. Go read the internal. I got two practices here. The Internal Revenue Manual 5.5.1 and 5.5.4.1. There's two of them here. Proof of Claim Procedures in Deeden and Non-Bankruptcy Insolvency Cases. This is an insolvency case because there you're dealing with a dead person. And under, go read 3128 of Title 31. 3128, Title. Okay. And, and 3113. When, when there's proof that that the person, that's proof that they can draw on the payment and get the payment for the, the estate because the purchas. Where can I get the IRS manual from to look at all the codes and statutes and everything? You can get it right offline on the website. Yeah, go to Cornell Law. They got Title 26 in there. Can I, can I buy the manual outright from somewhere? Yeah, you can buy it from Westlaw. They have, they have the, uh, Internal Revenue Code of 1986. Okay. You could probably get it real cheap. Get it in paperback. Okay. Thanks, Jan. You're welcome. Okay. Great. Okay. Dave, let me see here. Just Dave, go ahead. Hey, Dave. Hello. Hey, hello, Jean. Yeah, how you doing? I'm doing pretty good. Hey, I have got a question for you and I don't know whether you have an answer, but this is a question that I've been asked so many times and I have discussed with some other researchers, and that is the question about a possibility of going back and and getting the funds that were paid on credit cards in the past. You could make a claim. Do you think there, that's a viable claim that you, you could, uh, have a process to pursue? Personally, I've got an American Express card that I used to use a lot and I ran over $800,000 through it. Yeah, I can get you the whole $800,000 back. That works for me. I'm already signed up for Tuesday. That's all I wanted to know. Yeah, thank you. I'll be the same thing on a credit card that you do on a mortgage loan, right? The DTC owns both sides of the account, which is a security. That's very good. I think there's a lot of people out there be very interested in learning that process. The DTC is a trust holding company. They're holding all that money in trust because you haven't laid a claim to it under Article 8. Better late than never. Amen. Okay. Thank you very much. Thank you, Dave. Okay. Our last one, uh, Jame 234, did you have a question before we wrap it up here? Jame 1234. J 234. Oh, okay. Go ahead. How, yeah, hello, Mr. How you doing this evening? Good. I'm doing good. How about you? Okay. Can you utilize the process to, um, get rid of a fine that was assessed as a part of a, uh, being convicted on a felony, uh, a fraudulent, uh, frame-up, and they assessed like a $14,000 frame time, and of which I paid maybe a couple of payments, and I couldn't make any more payments, and I got a letter saying that, uh, the payments were suspended. They were trying to pull me back into, uh, the, uh, the system. And, uh, I since, uh, decided that, uh, uh, I didn't want a contract anymore, and I refused to sign some other paperwork, and now they're telling me I'll be locked up if I don't. The District Court, uh, the local, uh, attorney general's office, local judge that handled the case, and the probation officers. Tell them you want a 1099-OID. Okay. Should I? You, you conditionally accept his offer to pay the entire indebtedness on proof of claim. Okay. And what they're asking me is to pay it only by postal money order. Okay. Ask them where they get the authority to ask you to pay, pay with a specific instrument. Okay. Okay. Should I put this in writing and hand it to them? You should do a conditional acceptance on proof of claim. I could get rid of that in 30, in 30 minutes. You should come on the class. Show you how to do a letter and get rid of. Okay. Get on there. I do want it. It disappears. Oh, man, that's wonderful. I will be in that class on, uh, I think you said, uh, Tuesday. On Tuesday. Tuesday night? Yeah, or Tuesday afternoon. Sometimes we have three tapes, but we can probably do, you know, do it more. We use, use up three tapes. It lasts for three tapes. Lasts for, I guess it's an hour for each tape. Water is wonderful. And one other question, real quick. Is there any that, um, I guess you can, uh, totally, uh, uh, um, I guess remove a frame-up felony charge from your record? Uh, the straw man. Yeah, expend man. Get it. Is that, is that process, uh, covered, uh, in any, uh, any classes? That'll be covered. Previously has been covered. We haven't gone into that previously, but I can show you how to do that. Okay. Okay. I, thank you very much. You're welcome. Okay. Um, Toby, just put a list in the, uh, Skype of, I guess, previous. Toby, are those the previous archives of, uh, Jean's classes? Yeah, there's, there's an archive in there. Okay. I'm gonna put. Should I put that in the chat in case anyone wants to, yeah, order them? Yeah. Oh, my chat is frozen here. There we go. I can do this. Paste. Okay. Try that. I have to give you a raise. We've got one more question. Can you handle it? Yeah. Then I'm going, I gotta call some. It's too late. Okay. Daniel Ray, go ahead. I have a really simple question. Can we purchase back webinars? Yes. I just put the link on the chat, actually. Um, if you, I'll, I'll, I guess I'll put it on the website in the next day or so. Check the, my private audio.com website and click on guest speakers up at the top, and down at the bottom of that page is Jean's information. Thank you so much. You're welcome. You're welcome. Easier for you. All right. Well, I guess that's a wrap. It's been fun. You covered a lot of, uh, territory. I was surprised you did real good, Jean. Thank you for staying on track and not going all over the place. It was good. And, um, I'm sure many of, uh, the participants and listeners are going to be joining up for your class. I'm going to be there on Tuesday night. See how it goes. Um, I can't wait, actually. Okay. Um, and, uh, we'll have other calls, I'm sure. Um, I'm going to end the call. Thank you for for spending three hours and 14 minutes with us. We'll do it again, I'm sure. And we'll see you on Tuesday. And everybody, um, be, be sure to sign up at least for the first one. See what it's like. You might learn something. Gee, what a novel concept. All right. Good night, everybody. I'll see you on Sunday. Thank you. Thank you, everybody. I love you all. Love. Good night, Jean. Bye. Thank you, Jan. Thank you. Thank you.