Removal of Lien

[rottweiler]

I was just re-reading Rivera's article and he says there are no article III judges in Hawaii. "In 1959 the Congress created an Article III United States district court for Hawaii but made no provision for Article III judges by specifically precluding the President from appointing them. The Code specifically provides for territorial judges for the Hawaiian Article III court." I see why Judge Daniels went quiet and closed your case.

[Shoonra]

<< I gather that you fellows are telling each other that IRS liens are ineffective because not generated or registered in the manner required of conventional liens. Big mistake. The states have adopted the Uniform Federal Lien Registration Act (replacing an earlier Uniform Federal Tax Lien Act), expressly for the purpose of accommodating IRS liens. Here is the text....>>

=====
UNIFORM FEDERAL LIEN REGISTRATION ACT.

§1. Short title.
This act shall be known and may be cited as the Uniform Federal Lien Registration Act.

§2. Scope.
This act applies only to Federal tax liens and to other Federal liens, notices of which, under any Act of Congress or any regulation adopted pursuant thereto, are required or permitted to be filed in the same manner as notices of Federal tax liens.

§3. Place of filing.
(a) Filing required. - - Notices of liens, certificates and other notices affecting Federal tax liens or other Federal liens must be filed in accordance with this act.

(b) Liens on real property. - - Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the prothonotary of the county in which the real property subject to the liens is situated.
<< this subsection is modified by the adopting state according to its own method of lien registration>>

(c) Liens on personal property. - - Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the prothonotary of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
<< Ditto >>

§4. Execution of notices and certificates.
Certification of notices of liens, certificates or other notices affecting Federal liens by the Secretary of the Treasury of the United States, or his delegate, or by an official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed, and no other attestation, certification or acknowledgement is necessary.

§5. Duties of filing officer.
(a) Notice of Federal lien. - - If a notice of Federal lien, a refiling of a notice of Federal lien or a notice of revocation of any certificate described in subsection (b) is presented to the filing officer described in section 3, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically, or enter it in an alphabetical index, showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien and the total amount appearing on the notice of lien.

(b) Refiling, certificate of release, etc., of lien. - - If a refiling notice of Federal lien referred to in subsection (a) or a certificate of release, nonattachment, discharge or subordination of any lien is presented for filing to the filing officer specified in section 3, he shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered.

(c) Certification of information on file. - - Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this act or the former provisions of the act .... known as the Uniform Federal Tax Lien Registration Act, naming a particular person, and, if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee to be charged by the filing officer shall be established by law. Upon request, the filing officer shall furnish a copy of any notice of Federal lien, or notice or certificate affecting a Federal lien, for a fee of $2 per page.

§6. Fees.
(a) Counties. - - The fees to be charged by counties for filing and indexing notices of liens or certificates or notices affecting liens shall be as established by law.

(b) Monthly statement of fees. - - The filing officer shall bill the district directors of internal revenue or other appropriate Federal officials on a monthly basis for fees for documents filed by them.

§7. Uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

===0===

[rottweiler]

The NFTL's are not certified to and the recorders are letting that slide. The recorder's butt would be on the line if there was a honest judge in the land. Too bad they all work for the Bank and the Fund.
§4. Execution of notices and certificates.
Certification of notices of liens, certificates or other notices affecting Federal liens by the Secretary of the Treasury of the United States, or his delegate, or by an official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed, and no other attestation, certification or acknowledgement is necessary.
§5. Duties of filing officer.
(a) Notice of Federal lien. - - If a notice of Federal lien, a refiling of a notice of Federal lien or a notice of revocation of any certificate described in subsection (b) is presented to the filing officer described in section 3, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically, or enter it in an alphabetical index, showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien and the total amount appearing on the notice of lien.

Originally Posted by Shoonra

<< I gather that you fellows are telling each other that IRS liens are ineffective because not generated or registered in the manner required of conventional liens. Big mistake. The states have adopted the Uniform Federal Lien Registration Act (replacing an earlier Uniform Federal Tax Lien Act), expressly for the purpose of accommodating IRS liens. Here is the text....>>

=====
UNIFORM FEDERAL LIEN REGISTRATION ACT.

§1. Short title.
This act shall be known and may be cited as the Uniform Federal Lien Registration Act.

§2. Scope.
This act applies only to Federal tax liens and to other Federal liens, notices of which, under any Act of Congress or any regulation adopted pursuant thereto, are required or permitted to be filed in the same manner as notices of Federal tax liens.

§3. Place of filing.
(a) Filing required. - - Notices of liens, certificates and other notices affecting Federal tax liens or other Federal liens must be filed in accordance with this act.

(b) Liens on real property. - - Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the prothonotary of the county in which the real property subject to the liens is situated.
<< this subsection is modified by the adopting state according to its own method of lien registration>>

(c) Liens on personal property. - - Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the prothonotary of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
<< Ditto >>

§4. Execution of notices and certificates.
Certification of notices of liens, certificates or other notices affecting Federal liens by the Secretary of the Treasury of the United States, or his delegate, or by an official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed, and no other attestation, certification or acknowledgement is necessary.

§5. Duties of filing officer.
(a) Notice of Federal lien. - - If a notice of Federal lien, a refiling of a notice of Federal lien or a notice of revocation of any certificate described in subsection (b) is presented to the filing officer described in section 3, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically, or enter it in an alphabetical index, showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien and the total amount appearing on the notice of lien.

(b) Refiling, certificate of release, etc., of lien. - - If a refiling notice of Federal lien referred to in subsection (a) or a certificate of release, nonattachment, discharge or subordination of any lien is presented for filing to the filing officer specified in section 3, he shall permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical lien index on the line where the original notice of lien is entered.

(c) Certification of information on file. - - Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this act or the former provisions of the act .... known as the Uniform Federal Tax Lien Registration Act, naming a particular person, and, if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee to be charged by the filing officer shall be established by law. Upon request, the filing officer shall furnish a copy of any notice of Federal lien, or notice or certificate affecting a Federal lien, for a fee of $2 per page.

§6. Fees.
(a) Counties. - - The fees to be charged by counties for filing and indexing notices of liens or certificates or notices affecting liens shall be as established by law.

(b) Monthly statement of fees. - - The filing officer shall bill the district directors of internal revenue or other appropriate Federal officials on a monthly basis for fees for documents filed by them.

§7. Uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

===0===

[David Merrill]

Originally Posted by rottweiler

How about hiring a attorney in Hawaii?

That was an interesting venture. It only led as far as the US Code, I think §81 of Title 28 where Hawaii was indeed established Article III because it was a Territory at that time. However that entry as a State required all the district court judges in place be terminated and the President appoint the district court judges.

http://www.celtic-international.org/...Art3Court.html

If that happened, then Hawaii became the Crown colony called State and the same as all other States. If it did not happen then it is not Article III. So I wrote Ed Rivera and inquired about it; if it happened. He never wrote back but removed his Silver Bullet memo from his website?

http://www.angelfire.com/oh5/waltmak...NLAYLETTER.doc

Ed is onto something fundamental. An Article III judge cannot be a taxpayer. A judge cannot proceed as a judge with such an elemental bias, unless all parties agree - which is usually the case. If somebody will allow the attorney on the bench to plead for them, they have been arraigned.


Regards,

David Merrill.


P.S.

§3. Place of filing.
(a) Filing required. - - Notices of liens, certificates and other notices affecting Federal tax liens or other Federal liens must be filed in accordance with this act.

(b) Liens on real property. - - Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the prothonotary of the county in which the real property subject to the liens is situated.
<< this subsection is modified by the adopting state according to its own method of lien registration>>

(c) Liens on personal property. - - Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the prothonotary of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
<< this subsection is modified by the adopting state according to its own method of lien registration>>

- as Shoonra said, "<<ditto>>".

Meaning that liens on personal property, like a general lien on a name, must be filed at the Secretary of State in the State of Colorado. See attachment:

In some ways, the encroachments of federal government on the states, against the Tenth Amendment can really be sickening. Especially when you see Shoonra obfuscate such a comment as <<ditto>> in the hope you will miss it. But as I have said, it was this mistake by the Court in 1842 Swift v. Tyson that caused all case law to be questionable until it was corrected in 1938 Erie RR v. Thompkins. That stare decisis (case law) was corrected only after bankruptcy in 1933 (or whatever you want to call crawling to the international bankers for liquidity with unlawful money) is the tragedy Shoonra supports with her lie in her post. For crying out loud! She will not even admit that the US is a bankrupt corporation in receivership.

http://www.the7thfire.com/Politics%2...SBankrupt.html

Be skeptical of that link. It is just the first hit for "Traficant bankrupt". I have looked in the Congressional Record myself. Beware, somebody quoted only one part and made up a completely false testimony before Congress and that has unfortunately been propogated to say that Traficant was wrong about the simple statement the US is bankrupt. You may read something completely different after the opening two or three paragraphs of Traficant's true testimony attached. See Attachment:

[rottweiler]

David, in your opinion are NFTL's certified. Does a signature of whomever qualify as certification? If they are or are not please explain.

My state of Wisconsin has adopted the UNIFORM FEDERAL LIEN REGISTRATION ACT that Shoonra posted.

[David Merrill]

Originally Posted by rottweiler

David, in your opinion are NFTL's certified. Does a signature of whomever qualify as certification? If they are or are not please explain.

Most are stamped and basically there is no authority in the NTFL. It is an administrative process that has seen no judicial review - therefore again, no authority. See the attachment for a taste of what I am saying.

In light of this, we view ourselves today as completing a task begun forty years ago and hold that, absent an effort to seek enforcement through a federal court, IRS summonses apply no force to taxpayers, and no consequence whatever can befall a taxpayer who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order.

Curing that administrative notice has the power to scare bankers, brokers and employers into diverting funds to the Treasury. That's all; but that is way too much. Nitpicking about the signature or certification is a waste of time. If the person endorsed private credit, then there is an obligation to file a Return of Income.

Originally Posted by rottweiler

My state of Wisconsin has adopted the UNIFORM FEDERAL LIEN REGISTRATION ACT that Shoonra posted.

I am sure the State of Colorado has too. Just the same, the federal government has no authority other than what is granted it by the state. I want to get a better look, without Shoonra's "<<ditto>>" comment before I get more involved with that though. But there is a reason she said the Act has to conform to the State statutes - it's called the Tenth Amendment.

For example, as adopted by Maine: http://janus.state.me.us/legis/statu...33sec1903.html

Title 33: PROPERTY
Chapter 39: UNIFORM FEDERAL LIEN REGISTRATION ACT (HEADING: PL 1989, c. 502, Pt. A, §121 (new))

§1903. Place of filing

1. Applicability. Notices of liens, certificates and other notices affecting federal tax liens or other federal liens must be filed in accordance with this chapter.[1989, c. 502, Pt. A, §121, (new).]

2. Real property liens. Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens must be filed with the registry of deeds in the county or counties within which the affected property is situated.[2003, c. 518, §3 (amd).]

3. Personal property liens. Notices of federal liens upon personal property, whether tangible or intangible, except property of a type in which a security interest is perfected under Title 11, section 9-1501, subsection (1), paragraph (a), for obligations payable to the United States and certificates and notices affecting the liens, must be filed with the Secretary of State.[1999, c. 699, Pt. D, §23 (amd); §30 (aff).]

And the attached section of State of Colorado policy is likely identically formed. Here they just dropped the federal title when they adopted it. I can probably verify that in a moment by searching "UNIFORM FEDERAL LIEN REGISTRATION ACT Colorado"...

The Readers can click their home State of XXXX: http://www.law.cornell.edu/uniform/vol7.html#fedln but that is exactly what I am talking about:

Colorado - §§ 38-25-101 to 38-25-107

and I attached §39-25-102 specifying the Secretary of State.

As the Act went out to the States for adoption it reads:

SECTION 2. [Place of Filing.]




(a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this Act.




(b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the [__________] of the [_______________] in which the real property subject to the liens is situated.




(c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:




(1) if the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this State, as these entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State;




(2) if the person against whose interest the lien applies is a trust that is not covered by paragraph (1), in the office of the Secretary of State;




(3) if the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State;




(2) (4) in all other cases, in the office of the [__________] of the [_______________] where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

So Shoonra has extended herself beyond stating the truth with a protectionist or appeasement spin. I believe, she being a law library reference librarian, has actually grabbed the Uniform Act as adopted by one particular State and presented it to us as the Uniform Act, leading me to believe that was the verbiage of the original. I will check on that but if you have been waiting for me to finish this post; I am through editing it.





Regards,

David Merrill.

[David Merrill]

Originally Posted by Shoonra

<< I gather that you fellows are telling each other that IRS liens are ineffective because not generated or registered in the manner required of conventional liens. Big mistake. The states have adopted the Uniform Federal Lien Registration Act (replacing an earlier Uniform Federal Tax Lien Act), expressly for the purpose of accommodating IRS liens. Here is the text....>>

=====
UNIFORM FEDERAL LIEN REGISTRATION ACT.

§1. Short title.
This act shall be known and may be cited as the Uniform Federal Lien Registration Act.

§2. Scope.
This act applies only to Federal tax liens and to other Federal liens, notices of which, under any Act of Congress or any regulation adopted pursuant thereto, are required or permitted to be filed in the same manner as notices of Federal tax liens.

§3. Place of filing.
(a) Filing required. - - Notices of liens, certificates and other notices affecting Federal tax liens or other Federal liens must be filed in accordance with this act.

(b) Liens on real property. - - Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the prothonotary of the county in which the real property subject to the liens is situated.
<< this subsection is modified by the adopting state according to its own method of lien registration>>

(c) Liens on personal property. - - Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the prothonotary of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
<< Ditto >>

I see nowhere mention of which State adopted and amended the original Act quoted. Maybe it is just me but by not mentioning which State's adoption is quoted, this is more misleading than Shoonra is typically doing to us.

I recall that it struck me odd the Congress would be using the term "prothonotary of the county" when most States say county clerk and recorder or Register of Deeds.

Searching...


... search engine says it's Pennsylvania... >> http://www.legis.state.pa.us/CFDOCS/...r=0840&pn=0959

15 Section 3. Place of filing.

16 (a) Filing required.--Notices of liens, certificates and
17 other notices affecting Federal tax liens or other Federal liens
18 must be filed in accordance with this act.

1 (b) Liens on real property.--Notices of liens upon real
2 property for obligations payable to the United States and
3 certificates and notices affecting the liens shall be filed in
4 the office of the prothonotary of the county in which the real
5 property subject to the liens is situated.

6 (c) Liens on personal property.--Notices of Federal liens
7 upon personal property, whether tangible or intangible, for
8 obligations payable to the United States and certificates and
9 notices affecting the liens shall be filed as follows:

10 (1) If the person against whose interest the lien
11 applies is a corporation or a partnership whose principal
12 executive office is in this Commonwealth, as these entities
13 are defined in the internal revenue laws of the United
14 States, in the office of the Secretary of the Commonwealth.

15 (2) If the person against whose interest the lien
16 applies is a trust that is not covered by paragraph (1), in
17 the office of the Secretary of the Commonwealth.

18 (3) If the person against whose interest the lien
19 applies is the estate of a decedent, in the office of the
20 Secretary of the Commonwealth...

Nope... that says personal NFTLs are filed with the Secretary of State too (Commonwealth)...

I suppose Shoonra gets a chance to explain herself?



Regards,

David Merrill.

[rottweiler]

In a perfect world I would like to point out a statute to the register of deeds and explain how he/she is violating it. That should get action like removing the NFTL since the register of deeds was acting outside his/her powers when they recorded it. This is why I wonder if a signature qualifies as certification all by itself. I think of certification as a embossed stamp of a notary identifying and witnessing a signature. How can a IRS agent witness his own identity, authority and signature?

In Wisconsin the NFTL are not required to be filed with the SoS when applied to personal and real property of a individual so I doubt a UCC-3 would work here. Attacking the lack of certification may be a option. Now I noticed in one of your previous posts on this thread attachements of NFTL's. Of course after filing, the original NFTL is sent back to the IRS so I have no idea if they were actually signed or simply stamped with a fictional name that IRS agents are so fond of using.



(2) Place of filing.

779.97(2)(a)
(a) Notices of liens, certificates and other notices affecting federal tax liens or other federal liens shall be filed under this section.


779.97(2)(b)
(b) Notices of liens upon real property for obligations payable to the United States, and certificates and notices affecting the liens shall be filed in the office of the register of deeds of the county in which real property subject to the liens is situated.


779.97(2)(c)
(c) Notices of liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:


779.97(2)(c)1.
1. If the person against whose interest the lien applies is a partnership or a corporation, as defined in 26 USC 7701 (a) (2) and (3), whose principal executive office is in this state, with the department of financial institutions.


779.97(2)(c)2.
2. If the person against whose interest the lien applies is a trust not covered under subd. 1., with the department of financial institutions.


779.97(2)(c)3.
3. If the person against whose interest the lien applies is the estate of a decedent, with the department of financial institutions.


779.97(2)(c)4.
4. In all other cases in the office of the register of deeds of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

[rottweiler]

I guess the NFTL's are called statutory liens.

Originally Posted by David Merrill

Most are stamped and basically there is no authority in the NTFL. It is an administrative process that has seen no judicial review - therefore again, no authority. See the attachment for a taste of what I am saying.



Curing that administrative notice has the power to scare bankers, brokers and employers into diverting funds to the Treasury. That's all; but that is way too much. Nitpicking about the signature or certification is a waste of time. If the person endorsed private credit, then there is an obligation to file a Return of Income.



I am sure the State of Colorado has too. Just the same, the federal government has no authority other than what is granted it by the state. I want to get a better look, without Shoonra's "<<ditto>>" comment before I get more involved with that though. But there is a reason she said the Act has to conform to the State statutes - it's called the Tenth Amendment.

For example, as adopted by Maine: http://janus.state.me.us/legis/statu...33sec1903.html



And the attached section of State of Colorado policy is likely identically formed. Here they just dropped the federal title when they adopted it. I can probably verify that in a moment by searching "UNIFORM FEDERAL LIEN REGISTRATION ACT Colorado"...

The Readers can click their home State of XXXX: http://www.law.cornell.edu/uniform/vol7.html#fedln but that is exactly what I am talking about:



and I attached §39-25-102 specifying the Secretary of State.

As the Act went out to the States for adoption it reads:



So Shoonra has extended herself beyond stating the truth with a protectionist or appeasement spin. I believe, she being a law library reference librarian, has actually grabbed the Uniform Act as adopted by one particular State and presented it to us as the Uniform Act, leading me to believe that was the verbiage of the original. I will check on that but if you have been waiting for me to finish this post; I am through editing it.





Regards,

David Merrill.

[David Merrill]

At this point it seems that the suitors who have sat with the county clerk and recorder in meeting were told he relies upon statute, and he gave them the "Definitions" section by cite. However the suitors knew less than the clerk so that went past at the time.

The objective is like that Florida lady, to keep it in state court and if the NFTL is at the SoS office, serve a Certificate of Search like linked here to remove it.

http://friends-n-family-research.inf..._corrected.jpg

[An amazingly cheap Libel of Review. Oops! - just shot my own foot good-golly.]

There are procedures to get a hearing in state court making the county clerk and recorder defend the recording and they are like with Gary (attached audio) underway.

That's an interesting story; kind of like Shoonra falsifying the Uniform Act here. A vandal got on the conference call and every time Gary got some momentum up to lecture, the vandal would turn on the speakerphone, which causes an annoying echo chamber effect. Then when Gary was about giving up, he would shut the echo off - psychological warfare. Hear for yourself.

[It is also interesting that when I spoke up saying the echo was intentional, he shut it off for just long enough for Gary to say his piece.]


Regards,

David Merrill.