Hello there. James Marks here.
It seems to me that everytime I get sick I somehow find enough free time to write about the Sovereign / UCC / A4V /A2M movement. I don’t know how much good it can be for my health to (metaphorically speaking) swim through a shitberry syrup of stupidity in order to bring you a somewhat comprehensible post regarding whatever scam Casey fell for this time around, but I think of it as a social service – if I can save a living soul from becoming catatonic from reading the TJ Marrs / George Tran / FreedomClubUSA bullshit, then I’ll die a happy man.
Also, I managed to use the phrase “shitberry syrup” on this blog. How cool is that.
I was intrigued about this point for a while, then completely forgot about it for months. I’m pretty surprised to see that A4V is my #1 search engine related term. I always thought it’d be “Casey Serin is Gay”, or “Hooters”. I guess people are really looking about A4V and whether it really works. I grouped together every related term. I was surprised to see me coming in third place.
|casey serin, gay, shirtless||689|
|james marks wordpress||471|
And here’s a hint: if you are looking for “decent girls”, man, are you really at the wrong place.
I’ve thought for quite some time about updating my A4V entry with the latest Casey shenanigans, but I couldn’t find the time, or the inclination. Quite frankly, it’s sort of like explaining rational people why the earth isn’t flat – I’m a strong proponent of the theory that “foreclosure redemption” (for the lack of a better term) is just a bunch of made up gibberish that tries to justify the behavior of people who a) are about to lose their home, and b) have lost all shred of dignity and decency (or never had any to begin with). It’s a fine line, though – so many people are losing their homes (937,840, Q3, 2009) it shouldn’t be surprising they are trying just about everything in order to save their home.
We’ll use I am Fighting Foreclosure as a basis for this post (I don’t know how long Serin will keep up his blog, so it’s possible by the time you check it out it’ll be a broken link).
It’s a process, of which the most important is the A4V (at least, for scammer scumbags)
…It is a non-judicial way to bring your grievances up to whomever has harmed you, give them a chance to explain themselves and settle the matter on a private, ‘person-to-person’ basis.
An Administrative Remedy can be used by anyone to establish the facts of a matter and give parties on both sides of a disagreement an opportunity to state their ‘case’. It involves no courts, judges, mediators or other public officials except for a notary public whose role is limited to acknowledging the acts done and serving as a witness.
Translation: you fill the inbox of your bank / lender / trustee with crap you demand them to respond to, then you argue that because you didn’t receive a response in 10 days or so, you win.
A remedy is a commercial right for those who acquire that right through an instrument. In corporate United States, there must be a written record of everything.
Nothing is supposed to be assumed or presumed, but that does not mean assumptions and presumptions are not used everyday to acquire rights and enforce them. If the right that is being enforced is a security interest in a tangible or intangible thing, it usually comes from an instrument that is actually supported by the thing. This is usually, but not always, a pledge or a promise to relinquish possession of a thing if there is a breach of an agreement.
I know you know where this is headed – it’s simple: you assume your lender is a crook, nothing is what it seems, and if you wish for it long enough, dreams do come true.
Wish I had known about that technique while I was dating. It’d have made things SO much easier.
Also, you need to exhaust ’em all before you “litigate” (AKA “sue the lender”).
Imagine the following scenario (most of us have lived through it): you ask a bank for a loan, do some paperwork, sign some stuff, get the money, and pay it back. Because, well, we actually did borrow some dollars, and we aren’t jackasses who are willing to demand those who loaned us the money to prove they actually did such a thing.
There are two types of foreclosures, judicial and non-judicial. In some states, a lender can foreclose on your home without going to court, this happens when you sign a deed of trust at your closing. This occurs in states that allow non-judicial foreclosure. Keep in mind some states carry both judicial and non-judicial foreclosure laws.
You can still use the “Produce the Note” strategy in these states, but it takes a few more steps on your part.
The premise for using the “Produce the Note” is this: When a homeowner is faced with a foreclosure suit, “Produce the Note” requires the lender by law to prove it has the actual authority to foreclose, by requiring it to officially produce the original wet ink unaltered promissory note in the lawsuit.
But if there is no foreclosure lawsuit, what can homeowners do? In these “nonjudicial foreclosure” states, such as California, Texas, or the thirty or more other states with similar procedures, the homeowner has to file a lawsuit against the party trying to foreclose. If you live in a state that has a Right of redemption period you can also use this process. Keep in mind even if the property sold at auction you have the right to still fight for your property.
So, there you have it. The idea here is, your lender is an “alleged” one until he produces the wet ink signature. It doesn’t matter whether you know you owe the money – all you need is to ignore any remorse you may feel about stuff and go ahead and question the obvious.
Debt validation letter and request.
As we’ve learned before, you cannot trust anything or anyone, so you need to ask for documentation in order to prove any claim (and, of course, ignore the fact that you have copies of every document you ever signed safe at home – those don’t count, the ink ain’t wet on them, anyway).
Obviously, there are plenty of times when debt validation is a useful, legal procedure:
Debt validation is when you ask a bill collector to validate the debt that they are trying to collect from you. A collector must be able to prove that you owe what they say you owe or they cannot collect from you and they cannot negatively harm your credit. If they have harmed your credit, and they cannot provide you with proof that you owe them money then they must correct their errors on your credit report.
The Fair Debt Collection Practices Act spells out your rights and how you are protected as a debtor against collection companies and their efforts to collect money from you.
Leave it to foreclosure scammers to screw a perfectly legal procedure.
…It certainly isn’t the pretender lender (or “the alleged lender” – JM) and if you can fill in the blanks on this list you will be able to show that. Remember the burden is NOT on you to prove it, the burden is on you to ASK for it in qualified written request, debt validation letter and/or discovery (interrogatories, request to produce, subpoena duces tecum, and requests for admission). If you ever get someone the pretender lender offers to answer your questions at deposition make sure you specify that you will want the person(s) who are able to answer questions about the following items….
Your forensic review can only estimate the some of the data. But the closer you get to answering more and more of these questions by aggressively enforcing their obligation to answer under federal law, state law and rules of civil procedure, the closer you get to proving that the wrong party is servicing the loan, the wrong party is collecting on the loan, and the wrong party is enforcing the note, while the obligation has been altered by events outside of the report that the foreclosing party is reporting to the court…
A-ha. So, now I get it. The argument here is that you are not paying the person / entity you think you are, so you need a “Certified Forensic Loan Auditor and Securitization Expert” to tell you that since the “real” lender isn’t the one who’s asking you the money, but someone else, you don’t need to pay him back. Woo-hoo!
Proof of claim.
A completely legal procedure, for a change.
A document that a creditor can file with the bankruptcy court stating how much the creditor was owed at the time the bankruptcy was filed, how much was overdue, whether there is any property held to secure the loan, and the value of any such property A creditor who fails to file a Proof of Claim usually will not get paid through the bankruptcy.
Right to discharge debt under HJR 192.
The House Joint Resolution 192 basically says:
“All coins and currencies of the United Stated (including Federal Reserve notes and circulating notes of the Federal Reserve banks and national banking associations) heretofore or hereafter coined or issued, shall be legal tender for all debts, public and private, public charges, taxes, duties, and dues, except that gold coins, when below the standard weight and limit of tolerance provided by law for the single piece, shall be legal tender only at valuation in proportion to their actual weight.’
So, basically, foreclosure scammers say paper money is not lawful, and requiring payment via this method is a crime. Or at least, that’s what Casey thinks – HJR 192 is one of the laws the A4V guys cite as the basis for the Redemption Movement.
Unfortunately, their interpretation of the law is invalid.
The borrowers in McElroy brought an unsuccessful action against their lender and the purchaser in foreclosure for quiet title, declaratory relief, and fraudulent foreclosure. The court rejected their theories concerning the import of “Public Policy HJR-192 and Public Law 73-10,” and upheld the foreclosure. McElroy, 2005 WL 2885975. The foreclosure in McElroy was not fraudulent in any sense, nor was the decision of the Natrona County Board.
If you have time, and are a lawyer, I envy you. I bet you are charging your free time to someone. What are you doing reading this site? I recommend reading that link. It shows that every single trick Casey has tried has already been rejected by that court.
Certified Forensic Loan Auditor and Securitization Expert, Qualified Written Request, Complaint, Dispute of Debt and all that crap.
By now, we know the following (correct me if I’ve forgotten something).
- We have a Strawman that was created the moment we were born, and he’s the legal entity that has to pay taxes and stuff, as opposed to the flesh and blood human being, which can take control of the Strawman in order to create wealth (the ALL CAPS drama);
- The Strawman can discharge debt using the A4V method (and most CFO’s at top companies know about it, but would rather not tell everyone, according to Serin);
- HJR 192 is the root of the A4V / Strawman theory since in 1933, FDR (and no, it doesn’t stand for “Fuck ‘Dem, Republicans”) suspended the Gold Standard and made it impossible to pay back a debt. Debt is therefore only transferrable between entities, because it’s now illegal to pay it back.
We’ve learned loads of other things, but for now, this shall suffice. Now that you know that debt is like herpes from a cheap ‘ho (you don’t want it, but you can transfer it and get rid of… hey, wait. It’s NOT like herpes!), yet another great excuse you can use not to pay back a single dirty penny is to claim that your lender isn’t the original one (since he can’t produce the wet ink document, nor proof that her mom wasn’t a martian in the first place – no bull, check out this document; it’s mostly a time-waster for the lender, and, as many “Redemptionists” argue, it serves the purpose of delaying the procedure).
Enter the Certified Forensic Loan Auditor.
Who is he? Well, when you consider how complex the whole thing is, and how many delusions need to be taken into consideration to make it work (at least in your head), you want an “Auditor” by your side. It’s just SO nice sounding. And it reassures you that you are hiring a pro, which makes your whole argument legal and stuff. At least, again, in your head.
Just do a Google search on these guys and see if your computer doesn’t get AIDS from it. I had to wrap my router and laptop in cellophane and then use a shitload of lube just to be on the safe side.
Basically, they’ll take your loan documents, audit them, find some sort of legal hole, and enable you to discharge (remember, you never pay back your debt – or do you? I’m not sure anymore at this point) your debt. Serin actually said that, in his case, the Certified Lunatic told him debt had been transferred between entities, so it wasn’t legal. Or something. I think. Cool, huh? Sad thing is that, pretty much like El Chupacabras, Casey Serin’s dignity, and Nigel Swaby’s hair, they don’t really exist.
And, indeed, an audit report has as much value as a stand-alone document as this blog. Caveat emptor. If I knew what that meant, anyway.
“Sue, the lender”.
Once upon a time, there was a little girl called Sue / Who wanted to screw Casey blue / so she became her lender / and made his ass so tender / Little Casey Gay Boy / became Chris Record’s favorite Boy-Toy!
James “Jimbo” Marks, “The Unabridged Mixed-Up Mother Goose”
“Sue the lender”.
By now, you are aware everything is illegal. You can’t pay back your lender. Your lender most probably transferred the debt, due to HJR 192. He didn’t accept your “lawful” A4Vs. Hasn’t complied with your Qualified Written Requests. And he moved on and foreclosed your home anyway.
Now you sue him. Not much more to say about it. The idiot lended you the money in the first place, so why not screw him a bit more?
Not much more to say.
So, there you have it. Casey Serin took over a year to understand this shit. All it took me was a couple of days at the hospital, a swollen liver, and, once again, the feeling I’ve been swimming in raw sewage after writing this.
Excuse me while I go throw up.
Are people really this stupid? Is anyone?
September 17th, 2010