Removal of Lien

[rottweiler]

I have the pdf book that is 222 pages long. How do I go about posting it?

Originally Posted by David Merrill

Indeed:

http://friends-n-family-research.inf...uLostAtSea.pdf
http://friends-n-family-research.inf...l_Diagram1.jpg

[ThomPaine]

can always count on Merrill to post up with tons of attachements :beer:

[Codee]

Originally Posted by ThomPaine

Almost a year ago the IRS filed a lien against the corporate me in the county where I reside. The lien was not filed correctly and several of these issues have been discussed with the county clerk. Like many, she is scared to death of the IRS and basically said, the docs come in and we do what they say to do. I have written to the IRS and demanded that the lien be removed, listing numerous reasons and have not received a response. I do not own any property in my name and dont keep much in my local bank, but its one of those things that just bothers me.

3) I am open to suggestions and ideas, as I have never had to deal with a lien before.

thanks

THOM

Your story is confusing... Is the clerk/recorder misunderstanding the law... or is the IRS misusing the law and giving what appears to be valid law to the clerk/recorder?

If it was simply not filed correctly you could sue out a writ of mandate against the recorder I would think and sue to have her/him follow the law.

[David Merrill]

Can anybody attach a taste of this UCC-11 package from the Secretary of State?

State of Colorado SoS:

(303) 894-2680
(303) 894-7732 fax


http://www.sos.state.co.us/biz/FileD...tY4D:11nm16sja

[ThomPaine]

Originally Posted by Codee

...Is the clerk/recorder misunderstanding the law... or is the IRS misusing the law and giving what appears to be valid law to the clerk/recorder?

Both of these items seem to be correct. I have researched the correct procedures for lien and levy using Title 26, this board and findlaw and things just arent adding up. I am assuming that the IRS doesnt know the law and if they do, arent going to follow it. According to the clerk, a set of documents comes in from the IRS and as long as that set of docs is complete, the county agrees to file the lien. Neither the county, nor the clerk in any capacity is responsible for making sure that the information is correct or that correct procedures were followed (according to the clerk) So this whole thing seems like a big circus to me, what a surprise...

[rottweiler]

Now don't jump my ass Codee because I am pressed for time. I can prove up whatever elements of my claim you want to challenge later.


Here is the score as I see it.

The IRS Notice of Lien is similar to a mechanic's "lien" except the IRS does not need to sign anything or submit anything like a contract, but simply a form for recording. The mechanics lien is filed with the clerk of courts and the IRS is filed with the Public Recorder or Register of Deeds depending on your state under federal tax liens. Neither are the product of a judge's signature and are subject to be overturned.

Both are in the Admiralty jurisdiction and the way to handle them is 1) The process I posted.
If that does not work out for you a writ of mandamus to force the registrar or recorder to perform his/her ministerial duties.

If that does not work for what ever reason (and I don't know if it will for the mechanic's lien because the mechanic signs a form and produces a contract)go to:
2)A libel of review as laid out in AreYouLostAt"C"

The problem with the people in fighting these liens is they move in a different jurisdiction then the liens are created. Only a Maritime court can remove a Maritime lien. Otherwise you lose.

Originally Posted by Codee

Your story is confusing... Is the clerk/recorder misunderstanding the law... or is the IRS misusing the law and giving what appears to be valid law to the clerk/recorder?

If it was simply not filed correctly you could sue out a writ of mandate against the recorder I would think and sue to have her/him follow the law.

[David Merrill]

Originally Posted by rottweiler

Now don't jump my ass Codee because I am pressed for time. I can prove up whatever elements of my claim you want to challenge later.


Here is the score as I see it.

The IRS Notice of Lien is similar to a mechanic's "lien" except the IRS does not need to sign anything or submit anything like a contract, but simply a form for recording The mechanics lien is filed with the clerk of courts and the IRS is filed with the Public Recorder or Register of Deeds depending on your state. Neither are the product of a judge's signature and are subject to be overturned.

Both are in the Admiralty jurisdiction and the way to handle them is 1) The process I posted.
If that does not work out for you a writ of mandamus to force the registrar or recorder to perform his/her ministerial duties.

If that does not work for what ever reason (and I don't think it will for the mechanic's lien because the mechanic sign a form and produces a contract)go to:
2)A libel of review as laid out in AreYouLostAt"C"

The problem with the people in fighting these liens is they move in a different jurisdiction then the liens are created. Only a Maritime court can remove a Maritime lien. Otherwise you lose.

Ditto; except I don't have to prove nothin'

Participation in the private credit of the federal reserve system is the basis of the (mechanic) lien process. Here is a revealing post-1933 treatise about chattel mortgage; and before you think it may be off point, consider just the scope of the recording function in the article.

It is sad that we allow attorners to grab common law from us and make it their private intellectual property.


Regards,

David Merrill.

[David Merrill]

Each State (except Louisiana) has adopted the UCC. Here are some images I grabbed today.

The gist I get from the post cut-and-pasted here is that the UCC-11 is used if you get common law-phobia flak from your county clerk and recorder. This is going on all over the country but not here. This C&R here will record your daughter's homework if you are willing to pay $5/page.

However the suitor I spoke with today wants to do the whole Nine Yards through the Secretary of State so I will keep you all posted.



Regards,

David Merrill.



P.S. I may not always know what is going on but I still act like I do. Today I was in the basement archives in the repository with this suitor. I said, "Tutt" (for Tutt Library Reference Librarian autodial on my cell phone). Then I asked the reference librarian for the SoS phone # and if he would quick search for anything interesting about the UCC-11 Form. In three minutes he brought the form and fee schedule to us and chatted for a moment. You don't have to be all that smart to look smart - keep a good reference librarian on speeddial!

[rottweiler]

I just hope this guy has got what it takes to hunt the most dangerous big game animal in the world..........the sheeple. He needs to know that they are like the zombies in the Night of the Living Dead, you kill one and 50 appear.

Originally Posted by David Merrill

Each State (except Louisiana) has adopted the UCC. Here are some images I grabbed today.

The gist I get from the post cut-and-pasted here is that the UCC-11 is used if you get common law-phobia flak from your county clerk and recorder. This is going on all over the country but not here. This C&R here will record your daughter's homework if you are willing to pay $5/page.

However the suitor I spoke with today wants to do the whole Nine Yards through the Secretary of State so I will keep you all posted.



Regards,

David Merrill.



P.S. I may not always know what is going on but I still act like I do. Today I was in the basement archives in the repository with this suitor. I said, "Tutt" (for Tutt Library Reference Librarian autodial on my cell phone). Then I asked the reference librarian for the SoS phone # and if he would quick search for anything interesting about the UCC-11 Form. In three minutes he brought the form and fee schedule to us and chatted for a moment. You don't have to be all that smart to look smart - keep a good reference librarian on speeddial!

[David Merrill]

Originally Posted by rottweiler

I just hope this guy has got what it takes to hunt the most dangerous big game animal in the world..........the sheeple. He needs to know that they are like the zombies in the Night of the Living Dead, you kill one and 50 appear.

The Certificate of UCC-11 is unnecessary when the county clerk and recorder behaves according to law. Suitors have sat in his office and he has said, We hope people are not filing junk with us but we do not make any legal determinations.

Some suitors have more than three UCC-3 adjustments in place and they work every time for removing Notice of Federal Tax Liens. The problem is that many brokers, bankers and employers will call up the IRS and the agent being alerted, will run right back down there to the clerk and recorder's office and file another NTFL - telling the diverter of the funds to fear the IRS. Any attorney looking at the UCC-3 will protect the lien process and of course, attorn the man or woman as the chattel in Fed mortgage...

See that Chattel Mortgages article attached above. The interesting part to me is the common law notice and grace - recording.

You have a good point about sheeple Rottweiller. But I refuse to defeat the kingdom of heaven over a mentality. On earth as it is in heaven does not in my mind refer to a future time... However when the critical mass is revealed to break into that paradigm shift when the masses discover the image of God within, then we will have the Messianic Age.

http://ecclesia.org/forum/images/sui...elCalendar.jpg



Regards,

David Merrill.