Cites - Possession of Promissory Note Required

[Jerseee]

Nralien,



Do you have a letter that demanded verification of the debt? And in that same letter did you enclose a good faith payment and mention that you were doing that in the letter?



Do you have a return receipt for the letter with a good faith payment?



If so, this is your evidence that you satisfied the alleged debt. Anything after that is theft.

My note allows for transfers of the note, but I see nothing about selling or trading the note.

[Jerseee]

Doesn't the dollar do the same thing? Transfer and/or trade? (hint: stock market)

NC Statutes say this:



§ 8-18. Certified copies of registered instruments evidence.

A copy of the record of any deed, mortgage, power of attorney, or other instrument required or allowed to be registered, duly authenticated by the certificate and official seal of the register of deeds of the county where the original or duly certified copy has been registered, may be given in evidence in any of the courts of the State where the original of such copy would be admitted as evidence, although the party offering the same shall be entitled to the possession of the original, and shall not account for the nonproduction thereof, unless by a rule or order of the court, made upon affidavit suggesting some material variance from the original in such registry or other sufficient grounds, such party shall have been previously required to produce the original, in which case the same shall be produced or its absence duly accounted for according to the course and practice of the court. (1846, c. 68, s. 1; R.C., c. 37, s. 16; Code, s. 1251; 1893, c. 119, s. 2; Rev., s. 1598; C.S., s. 1763.)





Doesn't the fact that the note can be transferred void this statute?



This statute looks like to me that they CAN use a copy of the mortgage instead of the original.



But wait... Is a Mortgage the same as a Note?



NOOOOOO!



The mortgage is the Deed of trust, and that is another piece of paperwork. In my commercial person's deed of trust, it clearly states that it is a security instrument.



The note is a negotiable instrument, thus a copy of it would be insufficient and seems to me it would be duplication of funds.

[Jerseee]

AAhhhh,



THe wheels are a turnin'

Originally Posted by Jerseee

AAhhhh,



THe wheels are a turnin'

you got that right. Them seeds are comin up that you planted. Thanks Jerseee!

[nralien]

Jerseee



I apologize for the late response but I do not get notifications of any threads.



Yes I do have my letter that demanded verification of the debt and in that same letter enclosed a good faith payment and I believe there is mention that I was doing that in the letter. It was the 14 page NbWC/VOD/CPN package (TSN).



I have a return receipt for the letter with a good faith payment.



If I recall correctly from the California FTB (franchise theft board) thread, the forums opinion about a bank account theft by the Francise Theft Board would be to sue the bank versus taking on the FTB.

He heh. I go more. Jerseee, you keep saying to read material on negotiable instruments. I have been. Check this out, and remember, most states have a similar statute that mirrors the UCC.



UCC § 3-501. PRESENTMENT.



(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.



(b) The following rules are subject to Article 4, agreement of the parties, and clearing-house rules and the like:



(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers , acceptors , drawees , or other payors.

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(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument , (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.



(3) Without dishonoring the instrument , the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement , or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.



(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.

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Can you smell what the sovereigns are cookin?



Give the DEMAND cited above in (2). I just did to my tormentors. Let's see how they like that!



NC's statues mirror this. I quoted BOTH of them in my response, and offer.



I will keep you posted.



HB



(Can you tell I LOVE this site?)

[seeker]

Henry:



Ya gotta read 1, also

Presentment may be made at the place of payment of the instrument and must be made at the place of payment if <font color=red>the instrument is payable at a bank in the United States[/color]; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers , acceptors , drawees , or other payors.



Are not most (all) credit cards issued by banks? Do we not RETURN the paperwork and NI to them? Perhaps to the President, CEO or whatever -- are they not "able to accept" -- make decisions, guys!

This is a good section of code -- our state law also mirors it and this is part of what we used for the CD and then presented it in court as such --



Thinking! Reading! Learning!



Seeker

Seeker,



What about a Mortgage? They are the ones making the presentment, but they also have to exhibit the instrument if the demand is made.



To few demand. Too many kiss the golden A$$.



Not my style...



Not since I came here, anyway...