Re:Filing UCCs and other pertinent docs, made other efforts, any suggestion?

[RasBai]

Greetings
I have been through the run of the mill for the past year and half. Did a plenty of filing, court attending with the BK court, filed Affidavit of truth of Soveriegnty, yada-yada-yada, Filed UCC1, with strawman as cestui que trust, did to what I believe in the correct order. However, when mentioned about going through the run of the mill, I mean the very month of waking up to "Who I Am" back in Aug '06, loss of employment/earnings (hubby & me), threats of foreclosure on the home, repossession of our vehicles, and debt collections out the wazu came pouring in. All of which led me to attempt to run to the BK court, pro se and not fully aware of the proper procedure. However, what I believe to be the saving grace is when in court I stood up to the judge as Authorized Rep of Debtor, making a special appearance, stood firm on not being the debtor....armed with Certified copy of UCC and Attorney-in-fact with me as Secure Party...anyway long story short, during filings with BK court I filed a motion a continuance of the case due to Misrepresentation, Non-Full Disclosure, that the opposing party had no valid claim and that their contract was Fraud on its face because it had no signature, by neither the Debtor, Attorney, Creditor or anyone...Well needless to say, the judge did not SEE me and Defaulted on motion, due to the fact that the Opposing Attorney objected my motion for a continuance and did not allow me more time to get my point across more clearer...therefore denied my BK and now my home is gone as well as vehicles....is there anyway to bet back up from being

[Alpha2deep]

If you are there! please e-mail me at
(alpha2deep_1@hotmail.com). I'd like to hear your side of the story. What happened. What went wrong with the redemption process?

[freemyggle]

that you didn't do emough studying. Some people are only in it to acquire things. That shows lack of effort and sacrifice. I personally have never really put redemption to the test, but am in the process of getting my ducks in a row. The single most important aspect of redemption is study. Study, Study, Study!!! I've run into a couple individuals on this site that only want the quick fix documents, the cookie cutters. If you think that you can just order a package, put your exemption on it, get it notarized and serve it to the cooresponding party, You will get into trouble. Please understand that if you don't know what you are doing, you will get jammed up. I plan on getting a house in a year or better cause I know it will take me that long to acquire the knowledge to defend my position. I've did many years in state prison and it is borrrrrrrrrrring. But I do know that it was just business. I made his dishonorable a lot of money. So my advice to all who travel down the road called redemption, walk slow or you will fall

[RasBai]

Freemyygle, it is true I didn't study enough at the time, but knowledge without applying isn't beneficial. What I have learned is through study, trial and error. Yes, I have lost some but as I learn more about this business, I am still here to regroup, and regain my strength to stand against them again. There isn't any statue of limitation on fraud and misrepresentation. So I may still have a chance.

[sheisaceo]

There are two ways to handle UCC with the outcome being the same provided that you did not engage on 'their' jurisdictional territory. By that I mean, that you did not sign away to any agreement, in whatever form, with them in statutory jurisdiction.

Refusal for cause is one tool that I haven't engage in, but it is immersed in the UCC code 1-307 or 1-308 (I believe and I will repair if not) and this is to stop any transaction at the statutory level immediately. You will not engage any kind of verbal or written combat with anyone period. The downside to this is that if you choose retribution, then then you would have to engage with them, somewhat. Post engagement, then any document signed from that point forward would be with the clear reservation of rights by signing next to it 'without prejudice, UCC 1-207'. It is my understanding that you do not have to cite the code after 'without prejudice' but I would do it for posterity.

With the latter then, you can become the aggressor, offensive, defendant in plaintiff mode, or whatever you choose to label it but it places you in the position to be able to not only defeat you opponent but to also take judgment against them. Be prepared because this may not happen in trial court but more than likely will happen in appellate. The caveat is your choice of argument. If you solidly argue on the grounds of the UCC by jurisdiction then you are relative safe. Any other argument might actually secure you to the unwritten agreement that you are then bound by statutory law and even then there is still remedy for this. It truly depends on how much you care to pursue the pursuer.

IMHO.

[sheisaceo]

Originally Posted by sheisaceo

There are two ways to handle UCC with the outcome being the same provided that you did not engage on 'their' jurisdictional territory. By that I mean, that you did not sign away to any agreement, in whatever form, with them in statutory jurisdiction.

Refusal for cause is one tool that I haven't engage in, but it is immersed in the UCC code 1-307 or 1-308 (I believe and I will repair if not) and this is to stop any transaction at the statutory level immediately. You will not engage any kind of verbal or written combat with anyone period. The downside to this is that if you choose retribution, then then you would have to engage with them, somewhat. Post engagement, then any document signed from that point forward would be with the clear reservation of rights by signing next to it 'without prejudice, UCC 1-207'. It is my understanding that you do not have to cite the code after 'without prejudice' but I would do it for posterity.

With the latter then, you can become the aggressor, offensive, defendant in plaintiff mode, or whatever you choose to label it but it places you in the position to be able to not only defeat you opponent but to also take judgment against them. Be prepared because this may not happen in trial court but more than likely will happen in appellate. The caveat is your choice of argument. If you solidly argue on the grounds of the UCC by jurisdiction then you are relative safe. Any other argument might actually secure you to the unwritten agreement that you are then bound by statutory law and even then there is still remedy for this. It truly depends on how much you care to pursue the pursuer.

IMHO.

Oops. Sorry, wrong thread. I will limit the number of simultaneous browsers in the future!

[freemyggle]

I'm sorry if my previous post made it appear that I may know more than you, I know nothing, not enough so that I feel comfortable applying. Trial and error is how redemption came to be.
But my point is the same, did you add your home to the list of "things" that you have superior security interest in, either in your original UCC-1 or a UCC-3 ammendment?
UCC 9-105(l) states: “’Security agreement’ means an agreement which creates or provides for a security interest.” Black’s 6th states: “An agreement granting a creditor a security interest in personal property, which security interest is normally perfected either by the creditor taking possession of the collateral or by filing financing statements in the proper public records.” The Security Agreement you file in the Commercial Registry is a binding, sealed contract between DEBTOR and Secured Party which includes, inter alia, an itemization of the property/collateral the DEBTOR has pledged to the Secured Party. All the property belongs to the DEBTOR but the Secured Party holds all interest in it. Since the DEBTOR has pledged all of DEBTOR’S property/collateral to the Secured Party, and a binding contract is filed registering and recording that agreement and the Fidelity Bond posted by the DEBTOR to indemnify the Secured Party against loss, no third party is able to state a claim upon which relief can be granted against DEBTOR or any of the property pledged by DEBTOR to Secured Party. All commercial affairs are the province of and interactions of commercial entities with, the DEBTOR, as per the text in one’s UCC-1 stating: “All proceeds, products, accounts, and fixtures, and the Orders therefrom, are released to DEBTOR.”
If you didn't lien your property, I'm not sure you can add it now if you currently lack the possesion of the "thing". It is my understanding that even though we will never acquire the original title to almost anything, we will almost always receive only a copy regardless what it says. When filing the UCC-1, or UCC-3 amendment, this creates public notice and superior interest in the "thing" over the state, in essense creating a new original superior title to the one the state holds. Just like children. Our original title BC's are probably in some office in San Juan, but claiming the child "thing" on the UCC makes a new title superior to Uncle Sams. They can be holder for a long time, but only I can be holder in due course.