Affidavit of Truth

[Freedomless]

A friend went to the County Recorders Office today to file an Affidavit of Truth and was told that it could not be filed. All Addidavits of Truth and UCC's are to be filed with the Secretary of State. Does anyone know how to handle this?

[weishaupt1776]

Dig up the duties of clerks in the state code.
print it out
go there again w/a 3rd party witness
explain to them the nature of their duties
ask for the LAW which designates the exception criteria to the law you are showing her.
Tell her you are prepared to have the 3rd party witness testify to the clerk's refusal to file the affidavit and not hew to the law

[2501]

[County Clerks duties and responsibilities!]

*Revised Statutes of The United States, Ist session, 43 Congress 1873-1874.

Title LXX.---CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE.---: (Destroying, &c., public records.)

SEC. 5403.* Every person who willfully destroys or attempts to destroy, or, with intent to steal or destroy, takes and carries away any record, paper, or proceeding of a court of justice, filled or deposited with any clerk or officer of such court, or any paper, or document, or record filed or deposited in any public office, or with any judicial or public officer, shall, without reference to the value of the record, paper, document, or proceeding so taken, pay a fine of not more than two thousand dollars, or suffer imprisonment, at hard labor, not more than three years, or both: [See § § 5408,5411,5412.1

Title LXX.---CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE.---: (Conspiracy to defeat enforcement of the laws.)

SEC. 5407.* If two or more persons in any State or Territory conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws, each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment.* See §§ 1977-1991, 2004,2010, 5506-5510.1

Title LXX.---CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE.---: (Destroying record by officer in charge.)

SEC. 5408.* Every officer, having the custody of any record, document, paper, or proceeding specified in section fifty-four hundred and three, who fraudulently takes away, or withdraws, or destroys any such record, document, paper, or proceeding filed in his office or deposited with him or in his custody, shall pay a fine of not more than two thousand dollars, or suffer imprisonment at hard labor not more than three years, or both-, and shall, moreover, forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States.



18 USC 2071



TITLE 18 -** PART I -* CHAPTER 101* Sec. 2071.***

Sec. 2071. - Concealment, removal, or mutilation generally

(a)**** Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b)**** Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States.** As used in this subsection, the term ''office'' does not include the office held by any person as a retired officer of the Armed Forces of the United States

Freedomless, I've had documents *recorded* with the county recorder here. I do not know about UCC's. I'd bring a verified criminal complaint citing the laws of that state and go there with someone. 2501

[Freedomless]

My friend said the Clerk kept saying that "there is no legal description" and offered the SOS's phone number.

The search info was suggested and they told me that they could not find the information for Missouri - the state of misery.

Any suggestions on descriptions to search on?

[Freedomless]

59.330. 1. It shall be the duty of recorders to record:

(1) All deeds, mortgages, conveyances, deeds of trust, assignments, bonds, covenants, defeasances, or other instruments of writing, of or concerning any lands and tenements, or goods and chattels, which shall be proved or acknowledged, and authorized to be recorded in their offices;

(2) All papers and documents found in their respective offices, of and concerning lands and tenements, or goods and chattels, and which were received from the Spanish and French authorities at the change of government;

(3) All marriage contracts and certificates of marriage;

(4) All commissions and official bonds required by law to be recorded in their offices;

(5) All written statements furnished to him for record, showing the sex and date of birth of any child or children, the name, business and residence of the father and maiden name of the mother of such child or children.

2. All deeds, mortgages, conveyances, deeds of trust, assignments, bonds, covenants or defeasances, except supplemental indentures of utility companies and rural electric cooperatives, must contain a legal description of the lands affected. All deeds, except deeds of easement or right-of-way conveying any lands or tenements must contain a mailing address of one of the grantees named in the instrument. The recorder of deeds shall not record such instrument absent such address or legal description; provided, however, that the statutory constructive notice or the validity of the instrument shall not be affected by the absence of the address or the absence of the legal description.

This last paragraph states that the document has to have legal description. Is this what the Clerk could have been referring to?

[charlesa6]

Originally Posted by Freedomless

A friend went to the County Recorders Office today to file an Affidavit of Truth and was told that it could not be filed. All Addidavits of Truth and UCC's are to be filed with the Secretary of State. Does anyone know how to handle this?

Iam not sure about missouri,but anytime you file document relatively to properties you have to include the legal description of the property you are recording on. Check with your recorder of deed in your county for legal decription of your property in question. Give the recorder of the deed the location of the property,and the legal description will be retrieve for you,and you will pay about $5.00 for the copy, that's all to it. Sure you can file UCC in county you reside as well as sos. If you file UCC in county level relatively to property,you need the legal description of the property in question,before it can be record because it will be inserted in public record for view, and also you have to include the mail to so and so after been recorded. You need the original copy send back to you for your record.

[Freedomless]

The Affidavit of Truth that my friends are trying to file has nothing to do with property. It is asserting their individual rights.

They spoke with the SOS and he stated that they had to follow Section 59.330, which is part of what I posted earlier. The SOS also stated that they should retain an attorney to file the Affidivat of Truth. You know that won't happen.

The recorder stated that it had no legal description and had to be filed with the SOS.

When law is created to be VAGUE and not spell out exactly what needs to be done, then they need to replaced with Constitutional Law.

What really matters is the substance of the Affidavit.

I have several affidavits filed, asserting my rights or documenting wrongdoing,...for whatever reason I write at the top, AFFIDAVIT, as a subheading I write Eureka Mad, and following the legal description of my property. Then, I almost always dedicate to repeat the same information. So, point 1 is an extended real estate description. Once, I said to an stupid bureaurat, "See, this is an Affidavit related to my property".

Immediately ask for a Certified copy of that Affidavit, and leave the place as fast as you can.

All affidavits are Affidavits of Truth anyway. That is, if they are not writen by the corporations.

[Freedomless]

Just got off the phone with my friends. They printed out 59-330 and other related legal jargon and took the Affidavit of Truth back up to the Recorders office. The recorder stated that she did not have to file anything except documents pretaining to land, mortgages, marriages and military. She told them that they should go over to the Prosecuting Attorney's office and if the Prosecutor called her and told her to file it, then and only then would she do it. They went over to the Prosecutor's office and as they waited to talk to someone, after talking to the receptionist, 2 Sheriff's Deputy came up went in behind the closed and self locking door and then this woman came to the counter. The one deputy wanted to know what was going on. This woman stated that the only option they had was to file charges against the Recorder.

There is something definitely wrong here. These people are good Christian people, have no records and have never been in trouble with the law. They were treated rudely and with disrespect. Is this what our government has come to, if so we are turely in a "POLICE STATE".