
05-28-2005, 12:23 AM
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help countrywide home loan problem
I am in court with Countrywide Home Loans and have been denied every motion put forth for stupid reasons as you failed to ask the court for permission to do that, you used the wrong format.
I filed an ON DEMAND EXEMPT EXCHANGE ITEM (bill of exchange)to pay the debt in Nov 04. My motion to dismiss because of payment of the debt was denied because there was no proof I made a payment on the debt in anything of value. I can proof they were served and they did not accept, reject or return the documents.
I have now asked for the return of the original documents or for the case to be dismissed. The opposition is now stating I tendered worthless paper.
Does anyone know of an expert that could review the documents and give an affidavit on the document. Or can any one give me a push in the right direction on how to proceed and be successful?
Thank you
JVA
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05-28-2005, 07:52 AM
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Quote:
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Originally Posted by jva
I am in court with Countrywide Home Loans and have been denied every motion put forth for stupid reasons as you failed to ask the court for permission to do that, you used the wrong format.
I filed an ON DEMAND EXEMPT EXCHANGE ITEM (bill of exchange)to pay the debt in Nov 04. My motion to dismiss because of payment of the debt was denied because there was no proof I made a payment on the debt in anything of value. I can proof they were served and they did not accept, reject or return the documents.
I have now asked for the return of the original documents or for the case to be dismissed. The opposition is now stating I tendered worthless paper.
Does anyone know of an expert that could review the documents and give an affidavit on the document. Or can any one give me a push in the right direction on how to proceed and be successful?
Thank you
JVA
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http://sunsite.utk.edu/FINS/Doctrine...Fins-DI-06.htm
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05-28-2005, 08:42 AM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,685
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Quote:
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Originally Posted by jva
I am in court with Countrywide Home Loans and have been denied every motion put forth for stupid reasons as you failed to ask the court for permission to do that, you used the wrong format.
I filed an ON DEMAND EXEMPT EXCHANGE ITEM (bill of exchange)to pay the debt in Nov 04. My motion to dismiss because of payment of the debt was denied because there was no proof I made a payment on the debt in anything of value. I can proof they were served and they did not accept, reject or return the documents.
I have now asked for the return of the original documents or for the case to be dismissed. The opposition is now stating I tendered worthless paper.
Does anyone know of an expert that could review the documents and give an affidavit on the document. Or can any one give me a push in the right direction on how to proceed and be successful?
Thank you
JVA
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Have you tried asking them if the paper is worthless why won't you return it? IMHO it is useless to use any type of BoE or CPN on a mortgage. The banks and courts are so in bed together and so corrupt it is pathetic. There are many of us that have used this process only to have our instruments stollen and then told they are useless. Well someone is making $$ off of it other wise if it is useless it would be returned.
Just a side note. Although I have used BoEs in the past I will no longer share them with anyone else. I am not saying that because I do not want to help, because I do. It is that I do not want to be responsible, when the process does not work for you and friendships are lost as a result. I ask that you do your own research into the matter and only after careful consideration and much thought should you ever try this process.
The biggest problem we face is a legal system that is so corrupt they care not about the laws of the legislature, but they make their own laws as they go along and it is called "case law."
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05-28-2005, 10:54 AM
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I don't honestly believe that anyone has thrown any fault in your direction. I personally applaud you in the assistance that you have offered me during this ordeal, and in no way do I hold you responsible for the outcome, nor do I consider our friendship as being ruined.
The ordeal has in fact proven to me that the BOE is in fact a negotiable instrument which when properly applied and with sufficient legal backdrop, can eventually be recognized ONCE AGAIN as a legitimate offset for the cancellation of debt.
As you have so eloquently pointed out, the sleeping arrangements of the judiciary is what is and should be the focus of not only our concerted attention, but also the attention of others that may conceivably be in a position of ACTUAL prosecution. If that effort were to fall short, then it would of necessity be time to burn banks, and other financial institutions and call forth an ACTIVE militia to deal with the corrupt judiciary.
Jerry.
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05-28-2005, 10:59 AM
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Join Date: Oct 2004
Location: Colorado
Posts: 138
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The Credit River Case shows that FRN's are worthless paper also. HJR 192 of June 5 1933 makes it a crime to ask for FRN's as payment so ask them how they would like to be payed. If they say FRN's point out it is unlawfull for them to ask for that as payment according to HJR 192 and public law 73-10. The Ashley case from Texas also shows the banks don't loan anything out and have risked nothing in the deal. The only thing they brought to the contract was the ink and paper. If you need a copy of that case, I can send it to you. Since there is no real money for us to use, ask them what it is they realy want from you.
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05-28-2005, 11:31 AM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,417
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Can you give us the exact cite. That way I can dig it up on Westlaw & upload it.
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05-28-2005, 11:43 AM
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Join Date: Oct 2004
Location: Colorado
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You can find the Credit River case on the net. The Ashley case was sent to me by Rice McLeod so I don't have a web site but the case is: NO.4599 B.R. ASHLEY ans WIFE, GRACE ASHLEY V. SECURITY STATE BANK & TRUST CO. and GENE McLAUGHLIN. In district court Crosby County 72nd Judicial District August 16, 1983.
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05-28-2005, 04:05 PM
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Come and Get Some!
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Join Date: Oct 2004
Posts: 1,685
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Quote:
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Originally Posted by jerrypitts
I don't honestly believe that anyone has thrown any fault in your direction. I personally applaud you in the assistance that you have offered me during this ordeal, and in no way do I hold you responsible for the outcome, nor do I consider our friendship as being ruined.
The ordeal has in fact proven to me that the BOE is in fact a negotiable instrument which when properly applied and with sufficient legal backdrop, can eventually be recognized ONCE AGAIN as a legitimate offset for the cancellation of debt.
As you have so eloquently pointed out, the sleeping arrangements of the judiciary is what is and should be the focus of not only our concerted attention, but also the attention of others that may conceivably be in a position of ACTUAL prosecution. If that effort were to fall short, then it would of necessity be time to burn banks, and other financial institutions and call forth an ACTIVE militia to deal with the corrupt judiciary.
Jerry.
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Jerry,
Thank you for the post and the kind words. I am so frustrated, because of the curruption I see happening around me and the good people that are being destroyed by it. I for one do not see any legal solution. The system continues to get more corrupt every day. I fear another revolution in the making. I pray I am wrong.
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05-28-2005, 09:41 PM
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leatherlips,
What State is Crosby County located?
-squirrels
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05-29-2005, 01:48 PM
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Unplugged
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Join Date: Oct 2004
Location: Colorado
Posts: 138
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The Ashley case was in Texas
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