LIEN REMOVAL

[RICKY]

HI ALL:



LUCY HAS RECIEVED NOTICE OF LIENS FROM THE IRS. I RECENTLY GOT THE UCC-11 AT THE STATE LEVEL FOR LUCY. THE DOCUMENT SHOWED NOIRS LIENS PLACED ON THE TWO PROPERTIES WE OWN. WHEN I WENT TO THE COUNTY OFFICES THEY SHOWED THE LIENS PLACED AGAINST THEM. WHEN I REQUESTED REASON FOR THAT I WAS TOLD BY THE CLERK THAT THE MECHANICS LIENS ARE ALL FILED AT THE STATE LEVEL AND THE IRS LIENS ARE FILED AT THE COUNTY LEVEL. AT THAT POINT I LEFT DECIDING I NEEDED TO DO A LITTLE MORE STUDY.



I HAVE A COPY OF THE TAX TRUTH NEWSLETTER WITH THE THE MR. KINNEY STORY - "REMOVING IRS NOTICES OF LIEN WITH UCC-3 FORM."



WOULD ANYONE HAVE KNOWLEDGE IF THIS WILL BE A GOOD PATH TO FOLLOW?



THANKS,

RICKY

[rushpat]

I think Tora had a post in here somewhere when she spoke to a woman who was able to force the county recorder to remove it. I'll have to do some searching.



The way they did it in the taxtruth newsletter is probably the path you'll follow. The UCC-3 to remove it after a UCC-11 shows that no real lien exists (because there was no judgment) is a good one.



Over in the lawwork group on Yahoo, I found a link to a guy who'd removed an IRS lien by directing a well written affidavit, showing how he'd defaulted them in a 1-2-3 default method and had the SoS remove it from their rolls. I think this was a real lien too, not just a notice. They even had a weblink to the Arizona SoS site where you could put in the guy's name and see the scans of the actual documents that he filed online.



The lawwork Yahoo group isn't showing this post anymore, but have the info at home. As soon as I get it, I'll put info up on how to view this stuff.



However, in the case of a Notice at the county level, then try the UCC-11, and then force the county recorder to remove with a UCC-3 form. Be careful. Don't attack or intimidate, but calmly tell them of the process. You may have to have them on the phone with the SoS office in your state (in some states like Georgia, the Clerk of the Superior Court handles it), but they might need to talk to those 'in the know' at the lien office to prove that it isn't on file.



The very last resort is to sue them, but you shouldn't have to go that far.

[RICKY]

THANKS RUSHPAT.



I'LL WATCH FOR THE INFORMATION OR WEBLINK.



MY APPRECIATION EXTENDED TO YOU,

RICKY

[rushpat]

Here's how to see it:



Go to this website:

http://www.sosaz.com/scripts/ucc_search.dll



Then, Select "Debtor", then enter the following fields:



Last name: Foster

First name: Ellis



And select "Above with In-Active Records", click the Search Button.



Then, check mark the include box next to the Ellis M Foster record and hit report.



Then, you'll see two entries. The original Notice of Federal Tax Lien by the IRS. You can click the Images button to see a scan of what they entered.



After this, you'll see his response which forced the removal. It is a 7 page scan, although the affidavit of default was only 2 pages. You'll see how he wrote about doing his 1-2-3-default notice and the wording used to get the SoS people to terminate the lien. You'll also see his UCC-3 to terminate the notice of lien.



See? It can be done!

[suijuris]

I converted the NOTICE OF ENTRY OF DEFAULT JUDGEMENT AND AFFIDAVIT to text:



<font color=red>

NOTICE OF ENTRY OF DEFAULT JUDGMENT

AND AFFIDAVIT

Arizona state

Graham county





This Notice and Affidavit is given as true and complete to the best of my knowledge, knowing the law of bearing false witness and the penalty thereof.



I, Ellis Melvin Foster, by my own right, do declare, affirm and say:



1. That a true copy of the attached FIRST AMENDMENT COMPLAINT FOR VIOLATION OF CONSTITUTIONAL RIGHTS, FOR PROOF OF JURISDICTION BY AFFIDAVIT dated December 30, 2002 was served upon D. Vashe by Certified Mail on January 2, 2003, proof of service is attached.



2. That a true copy of the attached NOTICE OF DEFAULT 10 DAY NOTICE TO CURE dated January 23, 2003 was served upon D. Vashe January 27, 2003, proof of service also attached.



3. That a true copy of the attached NOTICE OF FINAL DEFAULT dated February 12, 2003 was served upon D. Vashe on February 14, 2003 by Certified Mail, proof of service also attached.



4. That D. Vashe has failed to defend by answer as of this date and the time to defend has expired.



5. That D. Vashe's whereabouts are believe to be known and the claim against D. Vashe is for willful violation of his ministerial duty.



6. That D. Vashe is in DEFAULT of lawful obligations, ministerial duty and responsibility to answer First Amendment Complaints and requests for information and is hereby held liable for all actual, consequential, and exemplary damages which have arisen as a result of the unlawful actions of IRS and agents under the authority of D. Vashe..

ss.



7. That good faith efforts to rectify this controversy have only received bad faith lack of response by D. Vashe for and in behalf of the IRS. The remedies for this DEFAULT JUDGMENT include damages, corrections of IRS records confirming I am not required to file a "tax return" or pay any "income tax", and the right to be left alone in my person and property. Enforcement of this judgment is made ex parte, as a matter of law.



8 . That a Default Judgment is hereby entered into public record against D. Vashe, where D. Vashe has failed to defend by answer to lawful Notices and Demands brought as a First Amendment protected right for redress.



NOW THEREFORE, DEFAULT JUDGMENT lies for want of a plea at law and judgment is hereby entered into the public record.





I, Ellis Melvin Foster, sui juris, declare and affirm the foregoing, authored by Me to be true, and correct to the best of My ability and belief under the penalty of perjury and' submit the same signed, sealed at Safford, Arizona.





FURTHER AFFIANT SAITH NAUGHT.



______________________________

Ellis Melvin Foster, in my own Right





Affirmed before me on __________ 2003

[/color]

[rushpat]

Someone else was asking about the need to record with the county recorder. This is all a part of the common law defaulting method that is popular in the group where I found the link to this guy's paperwork: Yahoo!Groups->lawwork.



The steps are to send an initial response in affidavit form, or with accompanying affidavit and a time limit. Then, first notice of default when they don't answer, with a followup time limit, then a final notice, and an ex parte judgment in common law, recorded with the county recorder. And, if you can swing it, filed in Federal District court in the Misc files section.



As you can see from this guy's affidavit, he detailed the fact that he went way out of his way to prove that he gave the IRS every opportunity to respond and not only did they ignore him, but failed to rebut his affidavit, so his affidavit stood as truth. This was the reasoning behind removing the lien using a UCC-3. I don't even know if he did the UCC-11 search or not.

I've got Mr. Kinney's Lien Removal information too. It is good info, but I haven't tried to get my liens remove with it.



Is there any way to get a copy of Mr. Ellis' First Amendment Complaint? It looks like he filed an action in court, but I'm not sure.



Terminating a Lien is the first thing anyone should do if IRS is trying to collect money, because when you get a Notice of Lien, you also get a Notice of Levy, and they can't levy you without a Lien. Once you terminate their lien, the levy is extinguished.



You can do the same thing with state taxes, but the thing with the CA FTB is that you never see the lien before the levy. I'm going to write them for a copy of the lien and then take the necessary steps to terminated it, so that the Withholding Order is no longer effective. They've got the lien, but they hold on to it in order to levy you.



Anyway, I sure would like a copy of Ellis Foster's complaint so I can start defaulting IRS. I probably don't need a complaint, but I'd like to have it along with the UCC-3 when I go down to the County Recorder's office.

I saw this new message posted at the ecclesia.org forum:





The IRS filed a "Notice Of Federal Tax Lien" at the county level which I terminated with a UCC-3 Form (Also filed at the county level) but the problem I'm having is that once I sold my house, the Title Company refused to accept the fact that the "Notice Of Federal Tax Lien" had been terminated with the UCC-3 that I filed and so they decided that all the money due to the IRS would be taken out at closing. After arguing with the title company, I was able to close on the house BUT they decided they were going to put all of the money the IRS told them that was owed in an ESCROW ACCOUNT for 6 months from the date of Closing. I now have a very limited amount of time to figure this whole thing out...

[rushpat]

The first amendment complaint that Mr Ellis did was part of the files that one gets when they sign up with the lawwork Yahoo Group and pay the 50$ for the letters packages. I'm going to order that soon and, if there isnt' a problem, I'm going to paraphrase the complaint to give a general idea. If you like, you can go to the Yahoo lawwork group and go into their files section and download some of the other sample documents there. I'd recommend the one called "legal.txt" which gives a process outline, one called IRSKGB, which is a general, first point inquiry to the IRS to kick off the default process, the 4 Budget Rental Care documents showing the default process used against Budget Rental car and the Quick Finding in Fact, Conclusion at Law someone filed against the IRS after they defaulted the IRS.



After you terminated the lien at the county level using the UCC, then I'm assuming you'd already run the UCC-11 with the SoS to find that there was NO LIEN in place already? Also, once you used the UCC-3 at the country level, did you get the county recorder to sign something saying that there was now nothing at the county level either?



I'm shocked that the Mortgage company would continue to help the IRS in the face of a signed document by the SoS and county recorders that there was no lien existing.



I'd say that is grounds for a lawsuit against the mortgage company.

[RICKY]

THANKS FOR THE HELP FOLKS. I'VE BEEN OUT OF TOWN WITH FATHER-IN-LAW SURGERY AGAIN, SO AM TRYING TO CATCH UP.



NOW I HAVE TO READ AND DIGEST...!



RICKY