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Old 06-23-2007, 05:41 AM
David Merrill's Avatar
David Merrill David Merrill is offline
Come and Get Some!
 
Join Date: May 2005
Location: Colorado.
Posts: 6,274
Acquit the Browns now!!

First I will crosstalk a little commentary:

Quote:
Originally Posted by Webhick
“You guys are gonna think I'm nuts, but I almost called up the Secretary of State to see if I can get a copy of the tax liens on Ed & Elaine to prove that they were indeed filed with the SOS. Unfortunately, looking at the site, I need money to do the search and I really don't have any I can spare right now. But, it'd be an easy tax lien to get your hands on and would prove that just because a notice of lien is filed with the registry of deeds, doesn't mean that the actual lien is not filed in the appropriate place. I think I'm going to try to save up and give it a go.”

Quote:
Originally Posted by UGA Lawdog
"No need to bother. David's reading comprehension problem got the better of him. The very New Hampshire statute he was cutting and pasting clearly said that liens on "real" property, i.e. land, are to be recorded at the county level with the recorder of deeds.

The statute only requires that liens for "personal" property be recorded with the NH secretary of state's office. An example would be the lien on your car until you pay off the loan."

Quote:
Originally Posted by The Observer
"And I would be willing to go out on a limb and save you the search costs and tell you you won't find a notice of lien at the SoS' office for the Browns. The IRS typically only records notices there when they believe that the taxpayer has personal property that is or could encumbered by a UCC filing by another creditor (such as a equipment manafacturer who provides their own financing for their customers).

I can't remember ever seeing that the IRS bothered to file an SOS notice for the purpose of seizing a vehicle. If the IRS can determine through the state motor vehicle records that the car is unencumbered (i.e. paid for), there would be nothing gained from filing the notice."

It is amusing to me that at the very same moment I pointed out to a reporter named Scoop how easy it is to acquit the Browns, even now, at least technically, I am banned from the Website.

Above we find how it is confusing people there. Webhick is the first to raise the question about finding out for ourselves and UGAlawdog jumps in and calls the personal property tax liens against the Browns real property tax liens because it is effecting their home and dental practice (which is probably a rental/lease property anyway. Even if I am wrong about that, the seizure was a practice, not the building so much and the liens are against the personal property of the Brown's.) as personal property tax liens. The resident expert on tax liens, The Observer comes back a bit confused at UGAlawdog's obfuscation for poor Webhick.

Enjoy!!

http://quatloos.com/qforum/viewtopic.php?t=898

Here is what I said to a reporter there named Scoop!

Quote:
You might want to check that the liens are filed properly by NH law.

http://www.law.cornell.edu/uniform/vol7.html#fedln


http://www.gencourt.state.nh.us/rsa/...-B/454-B-2.htm

Quote:
Section 454-B:2

454-B:2 Place of Filing. –

I. Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens including without limitation releases, subordinations, refiled notices, and discharges shall be filed in accordance with this chapter.

II. Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens, including without limitation, releases, subordinations, refiled notices and discharges, shall be filed in the registry of deeds of the county in which the real property subject to the liens is situated. The register of deeds shall receive, record, and index the same in accordance with RSA 478.

III. Notices of federal liens upon personal property, [Like the Brown's alleged lien.] whether tangible or intangible, for obligations payable to the United States, certificates, and notices affecting the liens shall be filed in the office of the secretary of state. In addition, certificates and notices affecting federal liens previously filed in a city or town clerk's office shall be filed in the office of the secretary of state.

Source. 1988, 116:1. 2001, 102:54, eff. June 26, 2001. 2005, 219:1, eff. Jan. 1, 2006.






Oops! The IRS misfiled the federal tax lien against the Browns!

http://www.law.cornell.edu/uscode/ht...3----000-.html

Do you suppose that is what it means when they say Under state law? You see Scoop; there are people around here who believe that if the IRS agent chooses this to the US district court venue, they do not have to abide by the state stipulations for process...

Quote:
(f) Place for filing notice; form

(1) Place for filing

The notice referred to in subsection (a) shall be filed—

(A) Under State laws

(i) Real property In the case of real property, in one office within the State (or the county, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated; and

(ii) Personal property In the case of personal property, whether tangible or intangible, in one office within the State (or the county, or other governmental subdivision), as designated by the laws of such State, in which the property subject to the lien is situated, except that State law merely conforming to or reenacting Federal law establishing a national filing system does not constitute a second office for filing as designated by the laws of such State; or

(B) With clerk of district court

In the office of the clerk of the United States district court for the judicial district in which the property subject to the lien is situated, whenever the State has not by law designated one office which meets the requirements of subparagraph (A); or...


You will probably agree that this pretty much lets the Browns off the hook.



Regards,

David Merrill.

http://quatloos.com/qforum/viewtopic.php?t=894


Webhick also said:

Quote:
I've checked out a couple of his hangouts and it doesn't look like he's posted anything since he's been banned. I hope he's okay.


Thank you for your concern Webhick. I think you may have looked while I was sleeping late. I am fine. I am very grateful to Quatloos and Wesley Marc SERRA for such a graphic definition of lawful money from the Supreme Court interpreting Congress' definition. That will go a long way.

http://www.iwfbsnewyork.com/jsp2650291.jsp

I suggest you write to UGAlawdog and inquire why the NFTL on the Browns is against the person and not the real property being seized as his personal property, yet it is not a personal property federal tax lien?

UGALawdog
Ugalawdog98@msn.com

Here is his email address because you might not feel like embarrassing all those Quatlosers; I understand you might want to continue fitting in over there.

What happened was when Joey (I think it was Joey) was messing with my Profile, switching off the BBCode (which made cut-and-paste of the above post easy, without login) that I decided to turn on the Response flag. That caused me to see all the posts happening in certain threads on Quatloos and since everybody was either talking about me or interesting stuff to me, I was suddenly creating a flurry of David Merrill around there.

But I enjoy the thought that exposing to a newspaper reporter named Scoop, about how to easily acquit the Browns, was the thing that really got those folks upset.

Check out Joey's hero General Sherman - on his Avatar.



Regards,

David Merrill.
__________________
Quote:
Originally Posted by Shoonra
It is worth noting that the fealty to the Pope, which you cited for its explicit mention of the Templar abbey in Dover, is the legal basis for the invalidation of the Magna Carta after it was sealed at Runnymede.
During discussion about the Treaty of 1213 and the Magna Charta (1215).

http://www.yale.edu/lawweb/avalon/medieval/magframe.htm
http://www.fordham.edu/halsall/source/john1a.html
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