Saturday, August 20
examples of fraud and securitization
http://documents.latimes.com/florida-ag-report-on-foreclosure-law/
examples of fraud and explains the complicated process of securitization and some of the missteps major financial institutions have made. -- Alejandro Lazo (Jan. 6, 2011)
http://documents.latimes.com/florida-ag-report-on-foreclosure-law/
http://s3.documentcloud.org/documents/25753/revised-powerpoint2-2.pdf
http://documents.latimes.com/florida-ag-report-on-foreclosure-law/
The Curse of the Corporation
Part XXVII – The Invisible Contracts – Part III
Location, Location, Location
The unseen trusts, implied and constructive, that are used to control Americans have now been uncovered. Another subtle problem is that which concerns "domicile." Domicile is a contractual nexus which determines tax liability.
All laws which regulate the capacity of persons to contract, are considered personal laws; such are the laws which relate to minority and majority; to the powers of guardians or parents, or the disabilities of coverture. The law of the domicil generally governs in cases of this kind.
Bouvier's Law Dictionary, Capacity, 1856.
Porto Rico was gained by cession from Spain during the Spanish-American War of 1898, along with Cuba and the Philippine Islands. Cuba had been given a provisional government, which was eventually turned over to the people of Cuba. The Philippine Islands were under the control of the United States until after World War II. Porto Rico (rich port), which had its name changed to Puerto Rico (rich doorway) in 1932, has never been "incorporated" (A) (B) into the United States, and is still listed as a territory –
In the sense it is used in the constitution of the United States, it signifies a portion of the country subject to and belonging to the United States, which is not within the boundary of any of them.
Bouvier's Law Dictionary, Territory, 1856.
The people of Puerto Rico have always been considered to be "citizens of the United States." However, neither the Filipinos nor the Cubans were ever given this political status. Only the people of Puerto Rico were given accounts with the Federal government, whereas the people of Cuba and the Philippine Islands were not.
The United States Supreme Court invented the mysterious doctrine of "unincorporated territory" in the case of Balzac v. Porto Rico in 1922. Puerto Rico does not operate under the United States Constitution, as it is merely a territory owned by the Congress. The Fourteenth Amendment is therefore inoperative in Puerto Rico.
If a "person" is domiciled in this, or ANY, "Federal area," then the "person" is liable for federal taxes, regardless of residency. As the "person" is considered to be obtaining his effectively connected gross income through a foreign source, the commercial domicile of the "person" is considered to be where the effective trade and business is consummated.
In order to constitute "commercial domicile" where intangible property is taxable other than at owner's domicile, possession and control of such intangible property must be localized in some independent business or investment away from owner's domicile so that its substantial use and value primarily attach to and become an asset of the outside business.
Words and Phrases, Commercial Domicile, Vol. 7A, pp. 530-531, 1952.
A "person" can have many residences, but a "person" is only supposed to have one domicile, and is subject to lex domicilli. A "natural person" for commercial purposes may also acquire rights of a citizen of another country through allegiance (A) as determined by the place of domicile.
Case cites have already determined that a domicile is required for purposes of taxation, jurisdiction, homestead exemption, attachment, succession (probate) administration, and capacity to sue. The definition of legal fiction contains the tax implications for personal property if the situs of the domicile is not changed.
It is now settled in Great Britain that a will is to be construed, interpreted, and given effect to, according to the law of the country where it was made and where the testator had his domicile, and every court in every country is bound to construe it accordingly.
The Law of Nations, Emmerich de Vattel, Book ii, § 98, ft. 108, 1758.
Consequently, there are a variety of domiciliary questions that confront a man or woman using the federal corporate account known as a "strawman" or "person" –
Commercial Domicile
De Facto Domicile
Domestic Domicile
Domicile of Choice
Domicile of Corporation
Domicile of Origin
Domicile of Succession
Elected Domicile
Foreign Domicile
Matrimonial Domicile
Municipal Domicile
National Domicile
Natural Domicile
Necessary Domicile
Quasi National Domicile
Cockburn and Dicey, have stated that a "person" may have more than one domicil, or may have a civil domicil and a commercial domicil. Barron's Law Dictionary is of a different opinion, stating that a "person" may have many residences, but just one domicile. A domicile would still be used for commercial purposes which would incur a tax liability.
The concern is whether a "person" is conducting "business" as a "person" through the use of functional currency passing through the Federal Financing Bank in Puerto Rico, thereby establishing "domicile" in a foreign federal area or territory of the United States which would make such "person" a non-resident alien. Placement of domicile in a foreign area might also touch on the topics of naturalization and expatriation because naturalization of the nationality of a state upon a "person" after birth can be conferred by any means whatsoever.
As an alien, the "person" representing a man or woman would not be able to hold title to property. As a "certificate of title" certifies that a true title exists, each "natural person" is only the equitable user of the property described under such certificate of title. As a confederated state of the British Empire, people in America still fall under the following ancient British doctrine –
... for no alien is capable of holding lands.
Blackstone's Commentaries, Book 2, Chapter 8, p. 131, 1765.
This is a reasonable conclusion, as title research to real estate generally only goes back to the 1930's when the massive paradigm shift to the "fictional State" began. Such being the case, the purchaser of real property is truly obtaining only equitable title, or possibly "color of title" as the purchaser has no real money, but only "functional currency" with which to purchase any property. From the inception of this country, the State has held the legal interest or legal title to real property, while the people have only held the equitable interest or equitable use. The quit-rents of the king became the property taxes of the State.
The main factor in creating domicile is through animus, or animus manendi (A), which is the intent of the party. The Social Security contract creates an elected domicile, as it is a contract establishing domicile with the Federal government. The domicile of the employee trust falls within the jurisdiction of the location where created, which establishes the law of the lex loci contractus, and is treated in the same manner as the situs of incorporation of a corporation.
Implied contracts are sometimes subdivided into those "implied in fact" and those "implied in law," the former being covered by the definition just given, while the latter are obligations imposed upon a person by the law, not in pursuance of his intention and agreement, either expressed or implied, but even against his will and design, because the circumstances between the parties are such as to render it just that the one should have a right, and the other a corresponding liability, similar to those which would arise from a contract between them. This kind of obligation therefore rests on the principle that whatsoever it is certain a man ought to do that the law will suppose him to have promised to do. And hence it is said that, while the liability of a party to an express contract arises directly from the contract, it is just the reverse in the case of a contract "implied in law," the contract there being implied or arising from the liability.
Black's Law Dictionary, 3rd Edition, Contract, p. 422, 1933.
Within the SS-5 application, there are no words regarding neutral property, which would protect such property from a belligerent power. As Bouvier states –
This neutrality must be complete hence the property of a citizen or subject of a neutral state, domiciled in the dominions of one of the belligerents, and carrying on commerce there, is not neutral property; for though such person continue to owe allegiance to his country, and may at any time by returning there recover all the privileges of a citizen or subject of that country; yet while he resides in the dominion of a belligerent he contributes to the wealth and strength of such belligerent, and is not therefore entitled to the protection of a neutral flag; and his property is deemed enemy's property, and liable to capture, as such by the other belligerent.
Bouvier's Law Dictionary, Neutral Property, 1856.
Domicile plays an important role between belligerents, as prior legislation by the United States government has shown that their intent is to carry on an open commercial war against the people of this country.
The birth certificate is a document, which according to the United States Bureau of Consular Affairs, falls under the Vienna Convention for Authentication of Documents for Use Abroad. Through Social Security, each man or woman has elected to insure their account thereby becoming "mutual insurers." In accordance with 15 U.S.C. 6735, the birth state of the child becomes the transferor domicile, while the State elects to move the situs of the domicile to the transferee domicile of a taxable federal area. Redomestication refers to the transfer of a domicile, see Domestic.
The people of America are being required to exercise uberrima fides with regard to the Chapter 11 Reorganization of the United States government as sureties and employees through the indemnification of social insurance. However, under the doctrine of suppressio veri, the Federal government has severely downplayed the true purpose of social security numbers as the main purpose of taxation. The concealment of any truth regarding Social Security and subsequent taxation would vitiate the contract of social insurance each party has with the Federal government. The actual state of things, a.k.a. truth, has been revealed to the people of America, but only through the convoluted legal codes, statutes, rules and regulations.
Taxing numbers correspond to the parties listed as taxable under Federal Old-Age Survivors and Disability Insurance that are citizens of the United States –
... a citizen of the Commonwealth of Puerto Rico, the Virgin Islands, Guam or American Samoa.
Code of Federal Regulations, Title 20 - Employees' Benefits, 20 CFR 404.
26 USC 1402, (a)(9) after being revised by Pub. L. 99-514, now excludes Section 931 and implies that Section 932 does apply, so "possession of the United States" includes only the Virgin Islands and Puerto Rico. Therefore, the only "citizens of the United States" listed as taxable under Federal Old-Age Survivors and Disability Insurance are citizens of Puerto Rico and citizens of the Virgin Islands.
26 CFR 602.101 - The Form Required
The Paperwork Reduction Act was passed in 1980. This act prohibits the government and its agencies from attempting to collect more information than is actually required by the letter of the law.
Under this Act, Section 602.101 was created in the Code of Federal Regulations for Title 26 in 1985, when the I.R.S. finally complied with its mandate to list ALL of the information collection requests (forms) required by any given code section, necessary to satisfy the legal requirements of that code section. This table is the complete legal authority for the IRS to request and demand information from individuals in the United States of America This table was prepared and provided by the I.R.S. itself.
PART 602 - OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT
Section 602.101. OMB Control numbers.
(a) Purpose. This part collects and displays the control numbers assigned to collections of information in Internal Revenue Service regulations by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980. The Internal Revenue Service intends that this part comply with the requirements of ... [OMB regulations implementing the Paperwork Reduction Act], for the display of control numbers assigned by OMB to collections of information in Internal Revenue Service regulations ...
______________________________________________________
26 CFR (4-1-94 Edition)
CFR part or section where Current
identified and described OMB Control No.
______________________________________________________
1.1-1 ..................................... 1545-0067
1.23-5.................................... 1545-0074
........
1.6012-0................................. 1545-0067
1.6012-1................................. 1545-0074
........
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
This table clearly shows that the only Form required by Chapter 1, Sec. 1. Tax Imposed (the code section that imposes the income tax) carries the OMB Document Control number 1545-0067. The OMB Document Control number assigned to Form 1040 is 1545-0074.
Upper right hand corner of Form 1040
According to the law, and the I.R.S.'s own filings with the Office of Management and Budget (OMB), Form 1040 is NOT required from U.S. citizens, people who work for the government, to report their own income when working outside of the United States, i.e., Washington D.C. any federal territories such as Guam, Puerto Rico, American Samoa, etc. What form would then be required?
FORM 2555 - FOREIGN EARNED INCOME, carries the OMB Document Control number 1545-0067.
Upper right hand corner of Form 2555
Form 2555 is the only form required by law, according to the law, to satisfy the individual's liability established and imposed in Sec. 1. Tax Imposed; the code section that imposes the income tax.
Form 2555 states at the top, in bold letters:
"FOR USE BY U.S. CITIZENS AND RESIDENT ALIENS ONLY"
The next line in the table does require 1545-0074. It relates to 1.23-5, NOT 1.1 (Chapter 1, Section 1). Chapter 1, Section 23-5 defines the Certification Procedures –
1.23-5 Certification Procedures.
(a) Certification that an item meets the definiton of an energy-conserving component or renewable energy source property. Upon request of a manufacturer of an item ... the Assistant Commissioner shall certify ... that :
(1) the item meets the definition of insulation (see ...
1.23-5 relates to is the Renewable Energy Resource Credit. The table shows that any individual claiming this credit on a tax return, must use Form 1040 to claim the credit.
It is evident that the accounts representing "citizens of the United States" are "domiciled" either in the District of Columbia or in off-shore federal areas, and need to be re-established as domiciles animus et factum. Any action taken should be contrary to animus revertendi from where our "natural persons" are all apparently domiciled. In other words, animus NON revertendi to Puerto Rico or the Virgin Islands. By finding a new domicile, animus manendi will then be determined. The government of the United States, as a private corporation, is guilty of animus furandi with regard to ALL property, personal or real, owned by the people of this country.
The international status of the "artificial person" begins to unfold –
the commercial account, aka "strawman," of each sentient being is created through a constructive trust which is
known as a legal fiction, which is then transferred
from county to state to federal to international government,
ultimately considered to be "commercially" domiciled within either a federal area or Puerto Rico,
which is completely controlled by the United States Congress.
Because Puerto Rico has never been "incorporated" within the United States,
it therefore makes the 14th amendment inoperative in Puerto Rico,
because Puerto Rico is not a state,
which thus places the account for each "person" under private international contract,
as all funds for each "person" are funneled through the Federal Financing Bank in Puerto Rico,
with the currency controlled by the Secretary of the Treasury
of the International Monetary Fund of the United Nations,
under which the United States is obligated by treaty law to an international corporation,
because international law has precedence over Federal and State Law by American doctrine,
thereby placing the people of the several States of the Union, as sureties to an "artificial person," directly under the United Nations and international law,
and, in turn, making international agents of the IRS, FBI, BATF, etc.
which allows these United States government agencies the authority to operate in all parts of the world
by contractual commercial law over the international accounts of all "artificial persons."
Registration and the Uniform Commercial Code
An indication that commercial law is being used to control the people of America, 7 USC 1631, shows the requirements of State laws with regard to security interests of agricultural products. The effects of the registration of a birth certificate and Social Security have just been shown. "Registration" of personal property within a national system will now be explored.
Personal property "owned" by people is registered with the State through a variety of means. These registered items involve machinery such as cars, boats, planes, trailers, trucks, recreational vehicles, snowmobiles, motorcycles, etc. These machines consume energy through gasoline, oil, batteries and tires, etc., and generate revenue through taxes on items used in interestate commerce.
The title to this type of personal property is linked with the legal title of the birth certificate and social security account number for tracking and tax purposes. As this personal property is registered with the state, it is taxable by the State, as the State has a perfected security interest in the personal property. Registration of an automobile with the Department of Motor Vehicles is legal identification of the character of the personal property – pledged, pawned or used as collateral for a lien.
9. It is essential that the thing should be delivered as a security for some debt or engagement.
Bouvier's Law Dictionary, Pledge, 1856.
By a mortgage the title is transferred; by a pledge, the possession; Jones, Mort. Section 4.
The registration statutes simply provide a substitute for change of possession. Between the parties, a change of possession is unnecessary; if there is a change of possession, registration is not required.
Bouvier's Law Dictionary, Chattel Mortgage, pp. 471-474, 1914.
REGISTER. v. To record formally and exactly; to enroll; to enter precisely in a list or the like ... To make correspond exactly one with another; to fit correctly in a relative position; to be in correct alignment one with another ...
Black's Law Dictionary, 4th Rev. Ed., Register, p. 1448, 1968.
It can be seen from the definition that when something is registered, it merely "corresponds exactly" with another. The definition does not state that it is "exactly" like the other. Whatever item is registered is also only in a "relative position."
RELATIVE FACT. In the law of evidence. A fact having relation to another fact; a minor fact; a circumstance.
Black's Law Dictionary, 4th Rev. Ed., Relative fact, p. 1453, 1968.
FACT. A thing done; an action performed or an incident transpiring; an event or circumstance; an actual occurrence. An actual happening in time or space or an event mental or physical ... That which has taken place, not what might or might not have taken place ...
... As designating what exists, in contradistinction to what should exist ...
... "Knowledge" is a "fact", and an "assertion of knowledge", when knowledge does not exist, is an assertion not in accordance with the facts ...
... Where knowledge is possible, one who represents a mere belief as knowledge misrepresents a "fact" ...
As used in statute requiring statement of facts constituting cause of action, "facts" mean narrative of events, acts, and things done which show legal liability of defendant to plaintiff ...
Law and Fact as Distinguishable
"Fact is very frequently used in opposition or contrast to "law."
Law of Evidence
A circumstance, event or occurrence as it actually takes or took place; a physical object or appearance, as it actually exists or existed. An actual and absolute reality, as distinguished from mere supposition or opinion; a truth, as distinguished from fiction or error ...
... Ownership of property is, generally, a "fact" to which a witness may testify ...
Black's Law Dictionary, 4th Rev. Ed., Fact, pp. 706-707, 1968.
The registration of private property with the State constitutes a "fact" because it is a circumstance, act, event or incident on the part of the private citizen. This action taken by a private citizen silently lies in wait and becomes the presumption of the private citizen's actions because express evidence exists which has transferred legal title of property to the state. Such evidence exists as a birth certificate, certificate of title of an automobile, or a warranty deed representing the registration of real property. When property is "registered," it is "enrolled."
ENROLL. To register; to make a record; to enter on the rolls of a court; to transcribe. [citations omitted]
Black's Law Dictionary, 4th Rev. Ed., Enroll, p. 624, 1968.
When something is transcribed, it becomes a transcript -
TRANSCRIPT. That which has been transcribed; a copy of any kind; a writing made from or after an original; a copy; a copy, particularly of a record; a copy of an original writing or deed and suggests that idea of an original writing. [citations omitted]
Black's Law Dictionary, 4th Rev. Ed., Transcript, p. 1669, 1968.
The transcript is only a COPY of the original, which suggests the IDEA of an original writing. In speaking of ideas here, this can only be done in "contemplation of law," and thereby can ONLY represent a fiction of law. Hence, a "certificate of title" or a "warranty deed" are only "copies" representing the "idea" of an original writing.
Pledged or pawned property results in both the pledgor and pledgee having only a qualified title in the property, with neither of them obtaining an absolute title. The pledgor gets the use of the property, while the pledgee is holding legal title to the property as collateral for repayment of debt.
Registering personal property with the State does not require the filing of a financing statement by the State.
UCC 9-302(3)
(3) The filing of a financing statement otherwise required by this Article is not necessary or effective to perfect a security interest in property subject to
(a) a statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specifies a place of filing different from that specified in this Article for filing of the security interest; or
(b) the following statutes of this state; [list any certificate of title statute covering automobiles, trailers, mobile homes, boats, farm tractors, or the like, and any central filing statute.]; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this Article (Part 4) apply to a security interest in that collateral created by him as debtor; or
(c) a certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection (2) of Section 9-103).
If a man or woman has registered personal property with the State in the name of their "artificial person," a perfected security interest is automatically created in favor of the State as long as there is a national registration system in place. Various national registration systems have been established, as shown in the United States Code under 49 USC Sec. 30302, 49 USC Sec. 31701 and 49 USC Sec. 31704.
UCC 9-103
(2) Certificate of title.
(a) This subsection applies to goods [automobiles, trucks may be covered here] covered by a certificate of title issued under a statute of this state or of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection.
(b) Except as otherwise provided in this subsection, perfection and the effect of perfection or non-perfection of the security interest are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until four months after the goods are removed from that jurisdiction and thereafter until the goods are registered in another jurisdiction, but in any event not beyond surrender of the certificate. After the expiration of that period, the goods are not covered by the certificate of title within the meaning of this section.
Any pledged personal property is still under the jurisdiction of the State for four months after surrender of title, or until registered within another jurisdiction.
Americans have thought that they owned the vehicles they have purchased. Under certificate of title legislation, they are simply leasing their vehicles from the State. The lease is renewed every year by obtaining a new registration and new license plate. The Attorney-General initially held legal title to all trade names because of divestment (A) (B) from control of the State under the Trading with the Enemy Act of 1917. The Attorney-General, as holder of legal title, then pledged the property for the debt of the government to the Secretary of the Treasury. As pledgor, the Attorney-General transferred the legal title to the pledgee, Secretary of the Treasury, as collateral for repayment of debt. The State requires the federally-pledged automobile to be registered because the Secretary of the Treasury is the legal owner. The State then leases the automobile back to the registered equitable user.
UCC § 2A-104. LEASES SUBJECT TO OTHER LAW.
(1) A lease, although subject to this Article, is also subject to any applicable:
(a) certificate of title statute of this State: (list any certificate of title statutes covering automobiles, trailers, mobile homes, boats, farm tractors, and the like);
The title, "LEASES SUBJECT TO OTHER LAW," gives an indication that the LEGAL OWNERSHIP has changed hands from the private individual to government. When the personal property is listed in the name of the "natural person," it is automatically listed in the trust or trade name, the legal title of which is already held by the Attorney General of the United States. The State, as an agent for the Federal government, is requiring each piece of State's property to be registered by the equitable user.
Under Title 26 – Motor vehicle operating leases, the lessee [individual user] prepares a
... written statement separately signed by the lessee -
(i) under which the lessee certifies, under penalty of perjury, that it intends that more than 50 percent of the use of the property subject to such agreement is to be in a trade or business of the lessee ...
which creates the registration for a commercial vehicle without the lessor [State] claiming to have any knowledge, in advance, that the signed written statement is false –
An agreement meets the requirements of this subparagraph if the lessor does not know that the certification described in subparagraph (C)(i) is false.
There are registration systems for:
airplanes
automobiles
birth certificates
boats
guns
motorcycles
patents
securities, such as stocks and bonds
service marks
snowmobiles
sport watercraft
trade marks
trade names
trailers
trucks, etc.
By reading a product label, it may say "registered with U.S. Patent Office." Trade Marks and Service Marks are issued and registered by the State or Federal Governments. We are familiar with the registration of any "vehicle" or "vessel" that moves over the roadways, waterways, or through the air; with the registration of real estate with the county recorder or register of deeds; and with registration contracts required for entrance into schools and colleges run by registrars; and with the registration of birth certificates.
As the legal title to property has been divested, the State requires certain property to be registered, which clearly shows that government obtains the necessary security interest in property, thereby making the government the holder of the document of title. The government is using this property as pledged property for the collateral required for the banking system. The security interest secures the payment of an obligation. An obligation is a debt. The debt is the interest on the Chapter 11 Bankruptcy of the United States as a corporation, with the States as co-parties. As a member of the corporation, the "natural person" of each man or woman is directly made a employee / surety / merchant, individually liable for the insured trust account that is considered to be the direct party paying for the debt of the principal debtor – the United States government – to the third party International Monetary Fund.
The State and Federal governments are obtaining the necessary information to track all pledged property of the legally-disabled surety for the collection of all Federal debts. The effect of other laws supersede Federal debt collection. Federal debt collection also affords prejudgment remedies.
The Uniform Commercial Code is used against people, through their artificial entites, as non-judicial process in order to create some form of agreement that can be used to establish – in some cases, not all – that an implied contract exists between the parties, which will be converted into an express contract if the party does not rebut.
The necessary elements to constitute a contract one of "pledge" are: Possession of the pledged property must pass from the pledgor [government] to the pledgee [IMF – creditor]; the legal title [held by government as trustee] to the property must remain in the pledgor [government as trustee]; and the pledgee [IMF – creditor] must have a lien on the property for the payment of a debt or the performance of an obligation due him by the pledgor [government] or some other person ...
Black's Law Dictionary, 4th Rev. Ed., Pledge, pp. 1312-1313, 1968.
Possession of pledged property can be by –
... a constructive delivery is all that is required, that is, such delivery as the nature or situation of the goods admits.
Bouvier's Law Dictionary, Pledge, pp. 2604-2611, 1914.
Symbolical tradition is used where the thing is incapable of real delivery, as, in immovable subjects, such as lands and houses; or such as consist in jure (things incorporeal) as things of fishing and the like. The property of certain movables, though they are capable of real delivery, may be transferred by symbol.
Bouvier's Law Dictionary, Tradition, 1856.
The party referrred to above as "some other person" is the equitable user – as a surety, the man or woman who is getting "use" of the property that they think they "own," while performing an obligation.
A national registration system is in place for documents filed using the Uniform Commercial Code and UCC financing forms, as each State registers UCC documents, and files UCC documents from other States. The basis for registration is to obtain the required security interest of personal property for the pledge which establishes the value of the listed asset in order for money to be fractionalized against such value for the promotion of the banking system in accordance with public policy. The government is requiring certain personal property to be registered because it holds legal title and aids in payment of its Chapter 11 Bankruptcy. Personal property is an asset which has value, and can be hypothecated or used as collateral upon which Federal Reserve banks can make additional loans.
A portion of the Uniform Commercial Code will now be applied to foregoing dissertation –
U.C.C. § 1-201 (29) "Party", as distinct from "Third Party", means a person who has engaged in a transaction or made an agreement within this Act.
A third party includes all "persons" who are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected. Therefore, if a man or woman is not an original party to the contract, the term "party" does not apply to that particular man or woman.
The term "natural person" within the U.C.C. is not defined and only appears in two sections, U.C.C. §§ 2A-216, and 2-318, under the category headings of "Third-Party Beneficiaries."
Per U.C.C. 3-303 –
U.C.C. § 3-303. VALUE AND CONSIDERATION.
(a) An instrument is issued or transferred (A) (B) for value if:
(1) the instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;
(2) the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;
(3) the instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;
(4) the instrument is issued or transferred in exchange for a negotiable instrument; or
(5) the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.
(b) "Consideration" means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a), the instrument is also issued for consideration.
Rewriting U.C.C. 3-303 by inserting legal definitions and removing the "legalese" –
The purchasing power of an object (utility) in satisfying the needs or desires of human beings calculated in money and the inducement to a contract by any thing sufficient to support a simple contract.
(a) A birth certificate is first delivered to a holder or remitter or has the assignability or negotiability within the instrument that it may pass from hand to hand carrying all rights of the original holder for power of purchasing other objects, if
(1) the birth certificate is first delivered to a holder or remitter or the title held within it is conveyed from one person to another under the Uniform Commercial Code which passes the interest, either directly or indirectly, absolutely or conditionally, voluntarily or involuntarily, and disposes and parts with the property or the interest in the property which includes the retention of title as a security interest, in return for a declaration which binds the sentient being who makes it, in law to do or forbear a certain specific act, and which gives the government to whom made a right to expect or claim the performance of some particular thing, and fulfill its accomplishment of the promise, Social Security contract, or other obligation according to its terms, to the extent the promise has been performed.
(2) the person who receives the transfer [assignment to government for benefit of creditors] acquires an interest in personal property [trade name] that secures the payment of an obligation or other claim, encumbrance, or charge on property for payment of some debt, obligation or duty. It is the qualified right of property which a creditor [Federal Reserve Bank] has in or over specific property [trade name] of his debtor [surety], as security for the [U.S.] debt or charge or for performance of some act. It is the right or claim against some interest in property created by law as an incident of contract. The government has the right to enforce charge upon the property of another for payment or satisfaction of debt or claim in the birth certificate because it has a security interest in the negotiable instrument. [See U.C.C. 9-103]
(3) The birth certificate is first delivered to a holder or remitter [County, State, Federal Government as trustee] or the title held within it is conveyed from one person to another [legal title of trade name held in trust by government] under the Uniform Commercial Code which passes the interest, either directly or indirectly, absolutely or conditionally, voluntarily or involuntarily, and disposes and parts with the property or the interest in the property which includes the retention of title as a security interest as payment of, or as something given by a debtor in order to make sure the payment or performance of his debt is furnished to the creditor with such resource [trade name on birth certificate] to be used in case of failure in the principal obligation, or become a surety or guarantor for government for a prior right [inheritable national debt] to demand as the government's own property against any person [man or woman using the commercial / trade name] whether or not the debt [national debt, taxation on the use of currency] is due.
(4) the birth certificate is issued or transferred in exchange for a different contract with a right of action which is capable of being transferred by indorsement, the person who it is transferred to having a right to sue in his own name on the birth certificate with the trade name.
(5) the birth certificate is issued or transferred in exchange for the incurring of an irrevocable promise of social insurance by the government who takes the instrument to a party not involved in the initial contract.
(b) Any "consideration" to support a simple contract is valid, not necessarily having to be money. Promise and performance may be accepted as "consideration." The maker of the birth certificate with trade name – government – has a defense if the instrument is issued without consideration. If a birth certificate – trade name is issued for a declaration which binds the person who makes it, in law, to do or forbear a certain specific act, and which gives to the government a right to expect or claim the performance of some particular thing [payment of taxes and national debt], the government has a court action to the extent accomplishment of the declaration is due and the declaration has not been fulfilled, as in non-payment of taxes, etc. If a birth certificate – trade name is given to the first holder or remitter [government] for the purchasing power of the object (worth of individual's labor) as stated in subsection (a), the instrument is also issued for estimated tax return from an individual who in return is receiving an advantage, profit, fruit, privilege, gain or interest.
It's Not Money, but "Functional Currency"
The privately-owned Federal Reserve Bank is allowing the "debtors" of America the use of "functional currency," which is considered to be another benefit offered by government. This benefit – the use of "money" – just like certain other government benefits, is TAXABLE because it is the commercial product of the bank.
The paper currency issued by private banks during the exigency of the Civil War created the payment of a premium for it's use, as it was considered to be a privilege. A similar exigency – Proclamation 2039 of March 6, 1933 – is still in place today.
Congress, having undertaken to supply a national currency, consisting of coin, of treasury notes of the United States and of the bills of national banks, is authorized to impose on all state banks, or national banks or private bankers, paying out the notes of individuals or of state banks, a tax of ten per cent upon the amount of such notes paid out.
Julliard v. Greenman, a.k.a. "The Legal Tender Cases, 110 U.S. 421, 446; 28 Sup. Ct. 204, 214 (1884)
Congress taxed the currency used by private banks at a rate of ten percent because the currency was issued by an entity other than government.
Private banks issued the currency during the American Civil War, just as the Federal Reserve Bank – an independent, foreign-controlled bank – is issuing private paper currency during the on-going "national emergency" for Americans today.
CLEARFIELD TRUST DOCTRINE. Governments descend to the level of a mere private corporation, and take on the characteristics of a mere private citizen ... Where private corporate commercial paper [Federal Reserve Notes] and securities [checks] are concerned ... For purposes of suit, such corporations and individuals are regarded as entities entirely separate from government.
The taxation forced upon Americans is for the use of the "functional currency." Ever since the M'Culloch v. Maryland decision in 1819, the United States government has possessed the authority to impose a duty on all discounted bank notes. As a note is considered to be a debt, or "promise to pay," all credits running through an individual's account are, therefore, debts or "promises to pay" the taxes on such [Federal Reserve] notes.
Anyone conducting business under the concept of a corporation or trust is asking the state for a privilege of doing business under the format of limited liability, with the artificial person [corporation or trust] owning both personal and real property. An attorney would be required to represent a corporation or trust in court, as it is a privilege granted and controlled by the state through their agents – attorneys. This is the reason why each man or woman is told to get an attorney when involved in court action. The attorney is representing the commercial trust account of the real man or woman's "person," and not the real man or woman. Attorneys, as agents of the U.N. via treaty law, control the U.S. government.
The Uniform Commercial Code governs each natural person's private commercial affairs, matching almost word for word the Federal Debt Collection Procedure –
§ 1-103. Supplementary General Principles of Law Applicable.
Unless displaced by the particular provisions of this Act, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, Bankruptcy, or other validating or invalidating cause shall supplement its provisions.
The Uniform Commercial Code is an offensive tool used by creditors, or agents of creditors, to recover valid debts under Federal Debt Collection Procedure as shown within the United States Code –
28 USC Sec. 3308 01/26/98
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 176 - FEDERAL DEBT COLLECTION PROCEDURE
SUBCHAPTER D - FRAUDULENT TRANSFERS INVOLVING DEBTS
Sec. 3308. Supplementary provision
-STATUTE-
Except as provided in this subchapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause shall apply to actions and proceedings under this subchapter.
If a "natural person" is defending it's position under a contract in court, meaning the defendant is not in agreement with the plaintiff, then the defendant is a guaranty to the contract and is obliged to answer for the debt of some other party. As all court actions are in bankruptcy proceedings, any party in disagreement is automatically in dishonor under UCC and has unwittingly agreed to pay the amount in question. If the "natural person" is in agreement, then as a surety, the "natural person" should be indemnified by the public through the process of damnification via a surety bond.
If a sentient being has a Social Security contract and birth certificate registered with the government, his "person" is considered to be –
a Federal employee
with minimal enforceable rights
laboring under multiple legal disabilities,
locked within a system of contractual financial slavery, while
under a third party donee beneficiary contract,
having his trade name held in trust under an act of war / national emergency,
working for an insolvent corporation, which
is only functioning through bankruptcy by pledging the full faith and credit of the government, thereby
inducing him to be a surety for the debt by being an employee of the government corporation,
who has never obtained control of his own name or employee account, which
still makes him liable for all federal taxes as
his "person" is either "domiciled" or effectively doing business in Puerto Rico,
thereby causing such "person" to be considered a non-resident alien,
UNLESS he files a UCC-1 and security agreement (A) (B) to justify a claim over his property
by expressly declaring under commercial law that he is a secured party creditor,
and knows how to defend himself in admiralty court proceedings against bankrupt debtors.
To show the power that a security agreement possesses, 26 USC Sections 6323 (a) and 6323 (c) shows that the Internal Revenue Service cannot attach property which is listed under such an agreement.
As rights precede government, so we find that now rights are acknowledged above governments and their states, in the case of international law. International law is founded on rights, that is, well-grounded claims which civilized states, as individuals, make upon one another. As governments come to be more and more clearly established, rights are more clearly acknowledged and protected by the laws, and right comes to mean a claim acknowledged and protected by the law. A legal right, a constitutional right, means a right protected by the law, by the constitution; but government does not create the idea of right or original rights; it acknowledges them; just as government does not create property or values and money, it acknowledges and regulates them. If it were otherwise, the question would present itself, whence does government come? whence does it derive its own right to create rights? By compact? But whence did the contracting parties derive their right to create a government that is to make rights? We would be consistently led to adopt the idea of a government by jus divinum, – that is, a government deriving its authority to introduce and establish rights (bestowed on it in particular) from a source wholly separate from human society and the ethical character of man, in the same manner in which we acknowledge revelation to come from a source not human.
Bouvier's Law Dictionary, Right, pp. 2960-2962, 1914.
Solutions
As the people of this country have never thrown off the yoke of England, it has never been revealed how to financially survive within the "artificial" legal system that controls the financial system FROM WITHIN THE SYSTEM.
As Americans are being controlled and attacked through commercial law, the best way for a man or woman to protect himself or herself is through the use of the Uniform Commercial Code and knowledge of admiralty law procedures in bankruptcy situations. However, one must have a good understanding of those in order to defend himself .
If the trust / corporate account representing each individual man or woman is considered to be a "ward" of the State, it is considered to be an "incompetent." The "competent" party to the unilateral government contracts of the birth certificate, driver's license, Social Security, voter registration, etc., is considered to be the State (or appropriate governmental unit), who cannot avoid the contract. As contracts with City, County, State and Federal government are unilateral – only signed by the "incompetent" – these contracts can only be voided by an agent of such municipality – an attorney – who is not going to personally assume the authority for the municipality which would allow a man or woman to void such contracts.
Every "natural person", however, considered as an incompetent, still retains the power to void the contract, unless a guardian (A) has been appointed. A guardian is usually only appointed by court action. However, all "natural persons" have been under the guardianship of the State through implied consent and assent.
The creation and registration of the birth certificate and enrollment in Social Security legally disables each American through a corporate "middleman" called a "strawman," which is a fictional account for every man or woman in this country. The birth certificate passes along inheritable debt without the knowledge of the party named within the birth certificate. Government "assumes" that the individual named in this instrument consents to having their property pledged for the debts of someone else, because nothing to the contrary has ever been submitted to the State in writing.
Under admiralty law, the "person" is ALWAYS considered to be guilty until proven innocent. It is summary judgement under military law. The birth certificate, as a deed of record under seal, silently attests as the fact of the pledged property under any presumption by a court of law until the contrary is shown.
People in America have commercial ties with government through implied contracts and constructive trusts made by parties other than themselves. A birth certificate does not contain the party's actual signature. IF IT IS REQUIRED of each man or woman to individually contract with government, no one has made a direct contract with the County, State or Federal governments. Each man or woman has never negated their implied consent to the implied contract through any express agreement to the contrary.
... It is a rule, that when a matter or thing is expressed, it ceases to be implied by law ...
Bouvier's Law Dictionary, Express, 1856.
For example, in a court case, there are no facts presented to the court unless they are entered into evidence in the evidentiary file. Most people are not aware of this and therefore they present no facts to the court for the court to make a decision upon. In addition, defendants are REQUIRED to file a counter-claim, which they do not do. The officers of the court at this time become mere actors. They have unlimited discretion because there is nothing to tell them what to do. Court cases are also required to be bonded to indemnify the court. 98% of court cases are not bonded by the defendants, however the suits are placed under a blanket bond (see below) by the State through an attorney's bar number, which makes the State the beneficiary of the proceeds even if the defendant wins the suit.
The contracts that are binding on Americans are essentially implied, and have to be examined for their intrinsic or inherent value. Value is established by consideration as found within the Uniform Commercial Code.
§ 3-303. VALUE AND CONSIDERATION.
(a) An instrument [birth certificate] is issued or transferred [passes an interest] for value [worth of object calculated in money] if:
(1) the instrument [birth certificate] is issued or transferred for a promise of performance, [social security insurance] to the extent the promise has been performed; [benefits]
(2) the transferee [State] acquires a security interest or other lien {an interest in real or personal property which secures the payment of an obligation] in the instrument [birth certificate] other than a lien obtained by judicial proceeding; [non-judicial process using the Uniform Commercial Code for collection of Federal debts]
(3) the instrument [birth certificate] is issued or transferred as payment of, or as security [surety] for, an antecedent claim [national debt obligations] against any person [trust or trade name], whether or not the claim is due; [forbearance]
(4) the instrument [birth certificate] is issued or transferred in exchange for a negotiable instrument; [national debt obligations] or
(5) the instrument [birth certificate] is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party [social security benefits to the surety and indemnification to the government] by the person [government] taking the instrument. [birth certificate]
(b) "Consideration" [the inducement to a contract] means any consideration sufficient to support a simple contract [simple contract is one that is not a contract of record and not under seal]. The drawer or maker [State] of an instrument [birth certificate] has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance [social security benefits], the issuer [government] has a defense to the extent performance of the promise [social security benefits] is due and the promise has not been performed. If an instrument is issued for value [worth of object calculated in money] as stated in subsection (a), the instrument is also issued for consideration.
As there was no exchange of valuable consideration or money, the instrument – birth certificate – was issued for the consideration of the performance of a promise by payment of antecedent debt. The birth certificate is issued in exchange for Federal Reserve Notes from the Federal Reserve Bank for use by the United States government in order to use each individual man or woman's credit, as the bankrupt entity of the corporate United States has no credit. In this manner, each man or woman can be taxed from a civilly dead account and be forced to be responsible for the debt of the United States.
Money. In usual and ordinary acceptation it means coins and paper currency used as circulating medium of exchange, and does not embrace notes, bonds, evidences of debt ...
Black's Law Dictionary, 5th Ed., Money, p. 906, 1979.
As Federal Reserve Notes do not meet all the criteria of the legal definition of a note, then the debt they represent becomes assignable. As money does not include evidences of debt, the question becomes – what is the value of the consideration given by the government in exchange for what is being received by the government?
Under the majority view, a kind of compromise has evolved. Two kinds of contracts are automatically voidable: executory contracts and contracts based upon grossly inadequate consideration.
Corbin on Contracts, Volume 7, Chapter 27, § 27.11, 2002.
An executory contract is a contract where some future act, promise of performance, is to be done. A contract based on "grossly inadequate consideration" requires restitution. Fourth parties are also taken into view with regard to third party beneficiary contracts. The conscionability or unconscionability of the contract are also taken into effect. Recovery of what was lost may be had through Solutio indebiti or indebiti solutio.
Of course the beneficiary must be identified before he has an enforceable right; but it is not necessary that he should be identified or identifiable at the time the contract is made. (29) It is enough that he be identified at the time performance is due. Thus, if B contracts with A to pay money to A's child, as yet unborn, the child when born can enforce B's promise. (30) Again, if B contracts with A to pay the debts of a certain class that A may owe in the future, A's creditors of that class can enforce B's promise even though it was not until after the contract was made that they became creditors. (31)
Corbin on Contracts, Third Party Beneficiaries, Ch. 41, § 781, When Must the Beneficiary Be Identified, Pt. 5, 1951.
As all lawsuits are held within the confines of commercial courts under bankruptcy proceedings, the people are automatically defaulted to be sureties for their debtors accounts by Rule 2010 of the Federal Rules of Bankruptcy –
(a) Blanket bond
The United States trustee may authorize a blanket bond in favor of the United States conditioned on the faithful performance of official duties by the trustee or trustees to cover (1) a person who qualifies as trustee in a number of cases, and (2) a number of trustees each of whom qualifies in a different case.
This can be overcome by the filing a surety bond or performance bond which would supercede the implied blanket bond of Rule 2010 that is based on Federal Reserve Notes. The exemption referred to in the bond refers to the funded account which is created upon borrowing monies from the Federal Reserve Bank to fund each individual's account in exchange for the birth certificate under U.C.C. § 3-303 (a)(4) and (a)(5), satisfying the requirements of 27 CFR 72.
The reason for this treatise is because, as Americans, we have been duped into giving up our private rights for the benefit of the government because of it's greed. Private property cannot be taxed and MUST be protected by government. Our private property has been monetized by government through the use of commercial law, and has produced a substantial profit for government. However, it is against the law for private property to be taken by government for it's own use without just compensation. Therefore, the reason that the UCC-1 filings and security agreements work are because it forces government to either return title to the property they are using and take it off the public record, or adequately compensate the bona fide owner for its use.
In Closing
Fictional "persons" representing real people –
are created by government under implied contracts,
held in invisible trusts by action of law solely by the acts of the parties,
considered by government to be their employees and therefore federally taxable,
were condemned by a military order of the president of a corporation,
have been supported by the legislation of several Congresses under an on-going pretended financial emergency / bankruptcy,
which has resulted in the pawning of all property held by Americans for the establishment of the United Nations,
which Americans have financially supported by tribute and contributions through "income taxes,"
by way of deceitful contracts with the Internal Revenue Service, the collection and bookkeeping agency of the International Monetary Fund which is the financial arm of the United Nations.
All these actions have been for the creation of a one-world government – the United Nations – through the unwitting voluntary consent of the American people.
René Descartes in his Discourse on Method of 1637, said "I think, therefore I am." Modern-day Americans need to say "I think, therefore I am dangerous."
Part XXVI Home Epilogue
http://www.mindserpent.com/American_History/introduction/intro_027.html
Wednesday, August 17
Howard Griswold August 11, 2011 Law Class Audio and Transcript
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