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.......Quiet Title This conversation is regarding a mortgage company trying to sue on a Quiet Title action for paying the mortgage with a closed account.
First few minutes --- Chit Chat
R: You see we get possession because the auditor is the holder in due course here because they are holding for you. So you see you being the owner, they are the holder in due course, you are the debtor in possession, so basically what you could do at that hearing is give them notice that of your intent to file a chapter 11 bankruptcy petition as sole proprietor for the reorganization of the debtor. The debtor is not bankrupt, the debtor is just in reorganization. The bankrupt are the delinquent creditors. So what you are doing is, you see you can confess here all the evidence and that is what the acceptance is all about.
** See that’s what my first response to the complaint was all acceptance and return. And the judge went ballistic because in court a week or so ago I still had some documents and I slid them across the table to the attorney and I said I am accepting them and returning them and the judge began to scream, literally scream “you can’t do that in my court don’t you do that and finally he tried to throw me out. He called the bailiff.
R: But you see the judge is now becoming liable. You see because now you ask him any time here that he makes a ruling, I don’t care if its for or against whatever motion is before him in court, you also require his finding of fact and conclusion of law. That’s his obligation and you see if he fails to do it, see, and they are going to do everything they can to avoid giving that cause that condemns the attorney – practicing law without a license which means he’s civil or if he is charging a claim without an assessment is a felony. So the judge here is not going to issue his finding of fact and conclusion of law because if he’s ever confronted with that he’s going to tell you go negotiate here with the prosecutor.
** That’s what they’re basically telling me now.
R: Oh yeah! But the thing is, you just tell them you have a motion to dismiss or you can include in your motion that the creditor confessed all of the property in the action. I don’t know if they have everything in evidence there. But if they’ve got the accounting there….
** No, they’ve never given me any accounting.
R: Well, then they haven’t made any claim. Now you can now either make them come with the confession of the entire accounting, and if they fail to do it, you put a motion to dismiss the action as you are in possession with the ?(couldn’t understand) . Okay you are debtor in possession and you give them that this is your notice of you being debtor in possession and this is notice of your intent to file a Chapter 11 reorganization in bankruptcy which will enable you then to obtain discovery of the personal assets here of those delinquent creditors. See?…Whereby you can instruct the U.S. Trustee that will be appointed in that case, that the U.S. Trustee being instructed in the reorganization plan to take your assets from a particular creditor or all the creditors to pay the filing fee here which is $830.00. And that he will instruct the creditor or the creditor will be instructed by the court to issue your check from your account which he is the holder of. Or, better language here is that you instruct the U.S. Trustee to take from those accounts whatever indebtedness there is claim to be paid.
** Okay, then you do that when you first go to file it.
R: When you go where?.
** When you first go to file it?
R: Well yes, but you can do this 90 days before filing.
** Oh, oh.
R: Give the Notice of Intent.
** Okay, this is under the Notice of Intent.
R: Under the Notice of Intent, this is the settlement we need to make and in the event you fail, you will then be listed in bankruptcy reorganization by the debtor in possession.
** One of the things we were reading in the instructions of Chapter 11 is that only an attorney can represent…
R: Okay, guess who the authorized representative is?.
** Who?
R: It’s the attorney in fact. On the check have you notice here, have you read the micro language of the signature line of your check?
** Yeah, I’ve heard about it. I haven’t seen it.
R: Well get yourself a good magnifying glass, the one I’ve got here is about six or seven inches. Then down in the bottom here there’s another simple magnifier that’s about the size of a quarter. It’s in the same glass but its much more powerful and that’s what it takes to get in there and read it. You have to hold it extremely steady to be able to read it because it’s so magnified. But you see that’s what’s actually on that check and that check there is not an offset-- it’s a setoff.
** Oh! Because we recently took a check that had come back from the County Tax Collector marked “Account Closed” and then they said there is a $50 check fee and the State requires we pay the check fee, and I thought, this kinda sounds like double talk. So we sent the check with a $50 check for the fee and sent the "account closed" check back and said it was accepted, use it, and they did.
R: Yeah….
** After they had sent it back with the account closed we sent that back and that was used. And I’m wondering, under those circumstances, I have the original Trust Deed that they sent to me maybe if I were to send that back it would clear the account.
R: Yeah, yeah you have to use the original instruments. You see once we did this in prison, uh and the guy had a VA mortgage. Okay, so you see we simply sent back what we had, we did have some direct correspondence with them and so that was enough here to sort of sum up that the property was listed in the agreement, in other words it was a VA mortgage and it had to be taken out here on the straw man. So when they were talking about the terms of the agreement alleged when we couldn’t make payments here we would surrender the assets. Which they were assuming was the house, the language was such that everyone assumes that the house is the asset. We said, “that’s fine, we don’t have any dispute with that figure (charge) at all”. But the asset here could not be the house here because he would have had to own the house previous to them putting the mortgage on it. (interpretation: IF you don’t own the house before the contract is written, it is not an asset that you own to be able to encumber with a mortgage, so it is not the house you are selling to the finance company because you don’t own the house to sell, they do.) It was the contract itself here that was the mortgage/asset and we are thence surrendering the mortgage as full settlement. Okay? So that’s how you do it.
** I thought I would send it back to the lender, to the one I did the contract through, the facilitator for Freddie Mac, cause mine is with Freddie Mac, and I called Freddie Mac and they said that I may not, they have it in their vault. They have never retrieved the note so I think maybe the Trust Deed if I send that back to them, the original Trust Deed, then they can retrieve the note.
R: Maybe. But you see the note, the promissory note, that’s not the promise to pay, the one that you signed; the promissory note is from the creditor. You see when you sign a promissory note you are just authorizing him with a promise to pay from your account. So the promise to pay is not your signing a promise, your signing a promissory note is an instruction to him authorizing him to issue the credit, and the credit is his promise to pay. Whenever there’s been credit issued they’re delinquent. Okay, so that’s why we’re going to nail them in bankruptcy and get them to confess all the private …. in other words, you are going to tell them that you are calling the bankruptcy reorganization for the debtor in possession and the debtor, if it goes to sale or Chapter 7, the debtor reserves the right to reject any and all bids. See, so these are all in your plan, so now in your Notice of Intent you are stating your reorganization plan basically. And your telling them: I’m doing this and I’m requesting you settle this matter now and your failure to do so will….. Now the bankruptcy proceedings will now enable me to discover your personal assets.
Now, I want to get back to the judge in these cases. These judges whenever you move for a motion to dismiss he’s got to issue his finding of fact and conclusion of law. The reason they don’t do it, I don’t know if I’ve ever seen this, but the reason they don’t do it is because he is going to condemn the attorney. Okay?… because that’s the judgment. And the judgment here is based on the facts. The fact here is he’s bankrupt and he is a foreigner in the local community without authority, practicing law without a license, he’s committed a misdemeanor at that point at least. And if he tries to assume an assessment and he charges a claim criminally without an assessment he’s committed a felony.
** But see this isn’t criminal though is it? Mine isn’t criminal.
R: Well it’s not yet.
** Although he has mentioned fraud.
R: If he, uh huh, they’re charging a claim! If he charges a claim here, that is a criminal charge, because they’re charging your body.
** Okay, I hadn’t thought about it that way.
R: Yes, and so the thing to lay on them, the judge here is the one who becomes the liable holder because if he charges a claim in there, if he refuses your motion to dismiss or if he affirms it he is obligated to put forth his finding of fact and conclusion of law and if he doesn’t do it, now you see, you can discover his personal assets. Okay! why?… because they surrender their personal equity.
** Well, I’m at this point, where last week they had the motion to strike my answer and put in default judgment. Well he didn’t give default judgment apparently, because I then got a case management statement from the attorney and so I not sure – it says in here that Plaintiff is waiting for defendant to file amended answer, because my answer was struck, I guess.
R: Okay, but the thing is you did not find their check enclosed so the facts of law are he’s without a license.
** Well that was in my first answer.
R: Yeah. And so now you see you put a motion to dismiss in, okay? And the motion to dismiss you also request that the motion to dismiss will also be accompanied with the finding of fact and conclusion of law (okay) found by the judge here of these proceedings. See the judge doesn’t want to do it. He’s probably going to scream and holler and tell you go on out and make a settlement with the prosecutor. So you just tell him here well okay, but here are the terms of settlement and that’s going to be a notice of intent to go into bankruptcy.
** Well see, one of the things that set him off last time was I said that everything had been accepted and returned and there was nothing to adjudicate. Oh, he just screamed.
R: Okay, then you ask him then when he does that again you ask him again-- you ask him. “where is your finding of fact and conclusion of law?”. He’s obligated for that, and you see if he doesn’t do it, and you press it, he’s now liable for everything in the action.
** Uh huh, okay. What I’ve put together right now is: Plaintiff, GE CAPITAL MORTGAGE; Glenn H. Wechsler doing business as an attorney; and Leon Kaplan doing business as a judge, have shown bad faith by violating public policy (HJR 192/UCC-10-104) by means of trover by trying to use public court in bad faith thus waiving all rights to equity. Leon Kaplan doing business as a judge, and not recognizing the private contract of offer, acceptance and return is acting in concert with plaintiff’s attorney who would not fulfill his contractual obligation, thus placing the burden on E*B*, by allowing a complaint to be entered based on and verified as “alleged” truth of facts, which is based on nothing but hearsay. Therefore, the actions of Plaintiff, Glenn H. Wechsler, its attorney, and Leon Kaplan, Judge, threaten defendant’s equitable claim to real property. All parties to this complaint have commercially dishonored defendant’s request for the Affidavit of Claim and/or the Affidavit of Surety as well as the Certificate of Origin/1099OID. A check or bond has not been provided to indemnify the claim, the origin of the funds, or requested records of accounting. Therefore, defendant, E*B* returned the contract, which, in and of itself, is the only thing that has any value and has requested adjustment of the account for the proceeds, products accounts and fixtures, and immediate release of the order(s) of the court. See Exhibits C and D.
THEREFORE, defendant accepts for value the fact that the judge and attorney are working together in bad faith by refusing to settle this matter and to bring to closure, and to deliver the product of their complaint, the note and clear title to the property.”
R: Put that in there as a memorandum.
** That should be the memorandum?
R: Yeah, because that’s going to accompany the motion to dismiss. (okay) And in the memorandum you’re going to remind them of everything. You know. And remind them that the judge, in the event he fails to issue his finding of fact and conclusion of law, that’s the judgment you know, with his decision on the motion whether its affirmed or denied, either one, he’s still got to issue his finding of fact and conclusion of law. (Uh huh) And that is the instrument that is the certificate of origin that will rest here in the judicial record. It probably will not be found in the Administrative Record. (Uh huh) But what you can do is state “that particular item will then be posted in the Administrative Record and the Judicial Record.” (okay) He wants quiet title he’s going to get here!
** Well, I certainly appreciate your taking the time to go over this with me because I’m in a quandary because of the court procedures, I want to be able to get it in and I wasn’t exactly sure how to go about getting it into the court.
R: Well, what you do here, you just simply, when you come into the courtroom, you go over to the prosecutor’s desk and bang, it’s in. Lay it on the prosecutor. (Uh huh) You see because your notice of intent could probably be given to them outside, but you see this is not a trial, it’s a preliminary?
** Apparently it’s something new, I’d never heard of it before, but it’s case management conference.
R: Okay. It’s a conference, so this would be a part of judicial record of chambers. So now you see that attorney is on the hot seat. Now a lot of time here, the judge here when he’s going to try to avoid issuing the finding of fact and conclusion of law, then you see he’s going to tell you to go to the prosecutor and make a deal. You just tell him, "Here’s the deal."
** I’ve already accepted everything and there isn’t anything to ….
R: Okay, you just tell him well judge, “he’s already refused. He’s already refused so here’s my notice of intent to file Chapter 11, debtor in possession, and if this quiet title, if he wishes to press this matter then I can move my action into Chapter 7 and debtor reserves the right to reject any and all bids”. And now in the event there are…..uhhh… see, because whenever they’re in dishonor, you are in possession of the dishonor. You see you are the one in command here of the action and the reorganization. See, because the debtor is not bankrupt, the debtor is in reorganization. It’s the creditors, the delinquent creditors that are bankrupt. And that’s what you call them. You are going to tell them, “apparently Mr. so and so here in this court is delinquent because what he’s going to try to do when you’re in there, he’s going to try and just make some little representation that he has an assessment, in other words, an assessment is that he has an applied agreement with you.” That’s what his assessment is so he can avoid being charged with practicing law without a license. (okay) So he might say, “How are you Miss Jan Doe this morning? Nice day isn’t it?” Or they might say yes or that the body language said yes. Now, he’s proceeding in that court assuming that he has an agreement with you and he has an assessment and, now you see, he’s entertaining the idea of charging a claim without an assessment, but he’s assuming he has the assessment and that’s when he goes over into the felony. So if you keep these things in mind, and also when the judge on his bench is reading something and you ask him well and the prosecutor is stating something, you ask the judge if he has that in front of him and the judge might tell you yes. Okay? But if he does, he is an eyewitness, but more than likely he has turned it over and he is looking at the blank side of the backside of the page, that’s the civil side –and there’s nothing there. You could ask him here what do you see on that instrument you have in front of you, are you reading the front or the back side of that particular charge that that prosecutor is trying to bring in here. He’s going to try to bring something in here that they can assume. (Right) That’s what you want to trip him up on. A lot of times here we’ve been in bankruptcy proceeding where the administrative procedures act requires the finding of fact and conclusion of law. When you press him with this then for the judge to get off the hot seat he’s just going to tell you to get out of here and you go to the prosecutor and you come to an agreement before you come back here. (Uh huh) Or when you come. Well, these guys we went into session down in Texas a while ago, and these guys continued to refuse and to come to any kind of a settlement, okay? So, as a result of that then I knew something was up so I just waited and what they do, just before, maybe a few minutes before you reach the court room, or maybe an hour or whatever, they want to talk to you. That’s when they are making the cordialities here, “Nice day isn’t it?” (Uh huh) So that’s the agreement. (Okay) Okay, so what you do, you don’t let them do that. If they dishonor you, you just remain mum. You reach the courtroom. You make your motion here for dismissal or make your motion for order to show cause.. Either way the judge still has to make his findings of fact and conclusion of law.
** So I would enter that at the meeting?
R: Yeah, I would just the dismissal and then the memorandum here with it here you are stating the conditions here – like in that case here they refused to settle so you could get a third party affidavit here for that here and that’s going to bring the judge into it here that’s going to force the …
** I’m sure the judge is very well acquainted with it.
R: Well see the way they try to hide it, you go to the administrative record and you cannot find half of the documents in there because the originals that are the real commercial instruments here are in the judicial file.
** I asked for the judicial file and they told me I had it but it was copies.
R: Yes, well tell them that the copies are not any good in court, I have to have the originals. If there aren’t any originals here then you see the people who refuse to give them to me are going to be listed in bankruptcy as a delinquent creditor. You see? (Uh huh) Once you let them know of your intent to move in Chapter 11, and they start asking if you are you going to file in your own person or are you going to file by attorney, you just tell them, you’ll find out when it’s filed.
** They wouldn’t give me a copy of the minute order because they said I had to give them $223. in cash, because I paid with closed account check – the filing fee.
R: Okay. Electronic funds transfer only? Yes…. Okay, so now you just tell them here that is prepaid. Well, now that person now who refuses to settle with you, you see, is now going to be listed here in bankruptcy. (Uh huh) And you just let them that. Give them notice of intent to file Chapter 11, reorganization here to where they are now to be listed as a delinquent creditor. (Uh huh) Now you see you will have the administrative authority to seek and obtain discovery of their personal assets. Now they’re going to know they’re personally on the line.
** Well, I can’t thank you enough for going over this with me and clarifying some of these points and making me aware of what I might….. the entrapments are what I’m afraid of.
R: You see, the thing is, if they commit and they make claims upon you, you depose them right there with the three magic questions, that’s a deposition. You bet.
** Oh! Okay! That’s the deposition!
R: You bet it is.
** Okay, I always thought that was to avoid giving your name.
R: No, it’s a deposition. You depose them.
** Ooooh! Okay, that makes a big difference to me in my thinking. Once in a while you get a miss conception of what we’re doing. I always thought it was to avoid naming who you are, being the straw man.
R: Well see there’s more than just the straw man, here because there’s the straw man and then there is the actual mirror image you see which is what the offer and acceptance is based on. Eventually here, for all the evidence here we’ll take sometimes here, where you walk into the court because otherwise your dealing here with the Federal window, you can’t walk through a window. (No) No, but you can walk through a door. (Yes) That means a door, probably in the house or in the courthouse you see. Who is the householder? Well it’s the straw man, but you see the straw man is held by a creditor, so they’re holder in due course. (Okay) And they have to hold it for your benefit, so now, you see, if they dishonor you, now you can discover their personal assets and that includes the judge.
** Oh boy, it sure makes things a lot clearer. I read the transcripts and everything and in the beginning it was like Greek. But it is becoming clear and it’s just absolutely amazing that once it begins to kick in (Uh huh) I tell you I feel so blessed to be able to talk to you today. How is the field going?
R: Well we got a quarter inch of rain here during the night so we got a little hold up today.
** Oh, that’s why, maybe the Lord did this for me. (laughter) I’ve been praying about this very heavily. And I think he’s going to deliver it for me.
R: Well remember this, when you go into the courtroom, the judge or the bailiff will say all rise. They don’t do it in all of them, but when you’re with the finder of fact here… Okay? Things are done on earth as in heaven, that’s the Lord’s Prayer. So you see its mother earth and it’s the father in heaven and that’s when you have the intercourse, commercial intercourse. (Right) In commerce! And some of the ways they are trying to avoid our full grasp of this here, is they have two other items-- it’s industrial and it’s residential as opposed to commercial. And that just tells us which area they are avoiding the taxes in. But we won’t get into that. But I’m just stating this here, when they say something goes up, it goes up to heaven, it comes up off the face of the earth. Now it is no longer void. See when it’s on the face of the earth it’s void. Whenever they tell you, you have a void instrument, you see, they’re telling you it’s in the hands of Mother Nature or it’s in the hands of mother earth. See, it’s not under the law of the sea. The sea could be a sea of air as well as water. Anything that rises up off of the face of the earth or it can be set adrift here on water which is above the face of the earth yet. That’s the way this whole system here is working. (I see) You take a look at it from that stand point, it’ll help you figure it out here a little bit better.
** Well I prayed a few days back and I was saying God I have to have a position word I need some kind of assurance. And he gave me, I opened and went right to where it says, King Nebuchadnezzar was saying all that he had built, this wonderful empire, look what I have built, look what I did. And God said the minute he finished saying it he had to go out in the field and eat grass. I can’t remember the words of it now. We had been talking about the judge playing God, sitting on his throne. And I thought here’s King Nebuchadnezzar sitting on his throne in the courtroom. Well, he’s going to be toppled.
R: Well, I’ll give you another concept to that here, you keep your eyes and ears open here for an exotic dictionary, I can’t tell you here what the name of it would be, but I found it here when I was up in the prison here, but it’s a dictionary that was in the library that’[s like a school dictionary that’s a foot high – 10 11 inches. In there and in some of the general science books and my encyclopedias I came across here the word spirits. Well in there the spirits here when you study that you begin to see how the units of measure on spirits would be pints and quarts and shots and in there I began to see where the names of the Kings of Israel, Hezekiah, these are units of measure collectively and they were units of alcoholic content. (Oh boy) In spirits, see? And the spirits are in the alcohol, and you see a lot of what we are doing here we can visual what the still waters are. Well the still waters are what?
** I thought they were people.
R: What came out of the still?… A bottle of alcohol. They put a seal on it. It’s a tax seal and now you have still waters in there. And now you have a tax seal on it, so who is the one who breaks the seal? – the brokers. (Oh my goodness) Well anyhow there is a unit to assist you in study.
** That’s a good one. Anyway, King Nebuchadnezzar was the king of Babylon. (Yes) So Babylon is what is going to fall. Babyl-on – Babel –keep talking on.
R: But you see that is the artificial and, but you see there were certain captives that were returned to Israel from Babylon. (Uh huh) And of course, Israel is just simply the military organization that is in heaven because they are organized in tens, hundreds, and thousands. (Right) That’s how they’re displayed on the battlefield. (Uh huh) Okay, so see these are the numbers that are opposed here to those here numbers and members of the sanctuary. (Uh huh – so it’s the pattern, the pattern runs from heaven down into earth). Yeah, you see the reason for the military is that when you have all this unredeemed debt running around and the debt has built a lot of buildings and property that nobody can redeem the debt on, eventually the military has to come in and destroy it. It has to go back to mother earth. (Oh my) That’s the function of the military. The military comes in disguise and says we’re going to help all the commerce in this area here, what they’re going to do is they’re going to destroy it.
** So we can start all over again and we can build it up again.
R: Yeah, yeah, you see. But you see what they do they police it here so that people who have unredeemed property in their possession will be charged and it will be taken away from them. You see because they built on the sand. For us here we have to build on the rock and the rock here is what? The rock is the atom. The atom splits does it not? (yes it does) and the energy is release and when it is released to its extremities. Now you see we have to redeem everything that was? and bring it back to the nucleus here, the owner. Abraham was righteous because he had witnesses. Why? He had witnesses here that that property belonged to him. Okay? So that’s what your doing people now are coming on and they are all testifying and they’re taking quiet title and they’re testifying that this is your property, but they’re doing it in the negative. See we only deal in dishonor, so that’s why we don’t call the judge “your honor”, you see because we only deal in dishonor.
** Well in the Old Testament, they had the year of jubilee where there was the forgiveness of debt, so then they could start all over.
R: Yeah, but see the problem is when it is done administratively they had to still have a bond somewhere that’s eventually be redeem because it was not redeemed in fact here by the real person. You see a lot of the government here tries to get by with this here by giving some of their henchmen write-downs and things like that here to allow them to possess property of people here who have lost the property by their misfortunes. And so you see, those there are not eligible here because it is not redeemed by matter of fact. Because that’s why you need the Electronic Funds Transfer because that’s the only way the debt can be redeemed. There is lots of burnt offering now that’s gone up in smoke here due to atomic energy.
** Wow, it’s amazing. It’s like another dimension of the Bible.
R: Here’s another thing. I had some papers served on me by the marshal service a while back. The attorney was trying to subpoena me as a witness. I had a talk with him, I returned the process to the marshal’s and things like that. Then when I called him, I called the attorney to see what was going on, I never even took a look as to what the controversy was cause when the marshal served me the subpoena I said “Where’s the check, have you got your check?” He said “no”. So I handed them back to him immediately and he wouldn’t take so I shoved them in his belly and let them drop to the street. He ran from the scene and I walked away and I tailed him out of the parking lot. To make a long story short, then I went to the marshal’s office here and got the attorney’s name and phone number and I called him. Well, of course, he had an answering service, but finally I got a live secretary there and she said she would pass the message on to him. So he called me from his cell phone, I couldn’t get a hold of him to talk to him through his office phone. (Oh) So he called me from his cell. (This is the closed circuit) Yes, he was in prison, well that’s what that cell phone represents. Cause it takes a different technology here (oh yes) for that you see a land phone here is like a bank making a wire transfer, but talking you see talking on the other phone here is electronic it’s coming off satellite. (Uh huh) Life coming off the towers.
** No wonder they call it the tower of Babel to confound the language.
R: Yep, they came down here on 9-11, the brokers. (right) And now you see I made mention to that here to, in fact, Tom here was with me, we were leaving the County Treasurer’s Office, we were leaving there, and I turned to her and I said Well since those twin towers went down, Now there has to be a live principal on the account. She stopped cause she was walking away from me and she kind of hesitate a little bit and kind of looked over her shoulder and said “That’s right”, and she just kept right on walking. ** Some people just know instinctively.
R: I think she knew as a matter of fact and how they operate their office there. Okay.
** I can’t thank you enough. You are a blessing to all of us.
R: I hope so. Some people here get themselves into a lot of trouble with some of this.
** Well you have to start somewhere. And you never know what your going to get into is the problem when you start you thing you have enough knowledge and then you get into it and you realize this is a little deeper than what I realized it was. So we have our mentor to fall back on. Some day I’d like to meet you and give you a big hug.
R: Well, I don’t know when I’ll get out to California, I’ve got my family out there. We’ve gotten so much?? here I’ve had to forego it here for the last couple of years. So maybe I’ll make it out there this year or not, I don’t know. I just live in hopes, I don’t have any plans of making it. But I have…
** Well the farmers are the backbone of our country.
R: Yeah. I think it’s coming around now, we can get a handle on it now.
** Okay, I’m not going to keep you any longer because I’m sure you don’t have much time to yourself anymore (not much) and you’re so generous with it. Thank you.
R: Okay, it’s good to talk to you. Good-bye