How to respond to notice of miss delivery of certified mail

[YAHWEHMADE]

Hello,

Im knew as a thread writer, however Ive always use info to educate myself. However currently I have issues I need view points on how to proceed.

Background on issue: I sent a email stating Landlord holder of rental agreement with corpatism version of myself, which I autograph rental agreement and wrote ucc 1-308. However I let the landlord know that I wanted to be compensated for quiet enjoyment right being infringed upon and other issues. However instead of declining offer which expired on 5-1-08 and Ill be sending invoice for full amount now bc offer was at discounted price. They attempted serve me in person didnt accept my not acknowledging nevertheless they sent email stating they are issuing 30day notice I emailed them back and stated as secured party that i dont not accept email, text or any other communication except by mail and gave them my notary acceptor address, also I informed them of my comonlaw copyright and sent via attach email condense version and told them that they can rescind there offer to purchase use of name in 3 days which a written notice is going out tomorrow separate from the invoice.

I just needed to know should I mark " refusal for cause" on the notice and return to sender or ignore until the serve me in a different manner. I previously told them in text prior to this issue that I do not accept mail at this address and that all mailing need to be sent to the address of my notary acceptor, however the sent mail at the rental place. How should I handle the notice?

[Notorial dissent]

For a start you might do something novel like actually look up the rental laws for your state, and possibly for your city.

That being said, you’ve already lost, so unless you want to have to pick up your belongings from the curb you had best get to packing.

Unless your state’s rental law is considerably different than it is any place else, having issued the 30 day notice, if you aren’t out by then, they will simply take you to court and get an eviction order, which the local sheriff's department will be all to happy to enforce.

Your secured party, UCC nonsense, and not accepting mail at your address will and do count for exactly nothing. And by all means write refused for cause on the letters and return them, aside from proving that you actually received them, and are totally clueless in the bargain, it will also accomplish nothing of value. All the landlord needs to do is post the notice on the property and you have been served, and when he goes to court with the returned letters, he can say, “see I served the bozo and he disregarded them”, which will help the judge to sign the eviction order, particularly after you haven’t shown up for the hearing that you “refused for cause”. In other words, you have screwed yourself, and are now just tightening it down.

[Lawdog]

I hate repeating myself, but it's a different thread, so here goes:

The UCC does not apply to leases of real property, like houses and apartments. So citing UCC in a dispute with your landlord is meaningless.

It is true that there is a section of the UCC, part 2A, which deals with leases...but only for leases of GOODS, not real estate.

[Livefire]

Notorial dissent is right on this one. All that is necessary under most state's statutes is that a notice be posted at the door of the property, for there to be legally valid service. In michigan, that notice is a summons to district court. When it comes to a certified letter, you are better off by just refusing to accept the letter from the postman. It will just be returned to sender after awhile.

[Notorial dissent]

Originally Posted by Livefire

Notorial dissent is right on this one. All that is necessary under most state's statutes is that a notice be posted at the door of the property, for there to be legally valid service. In michigan, that notice is a summons to district court. When it comes to a certified letter, you are better off by just refusing to accept the letter from the postman. It will just be returned to sender after awhile.

Which, by the by will have the same effect in the end. The point being that attempt was made to contact you at the rental address, which is generally all that is required by law, you either refused to accept, or ignored the notice and it was returned to the landlord, with which, again, he can walk in to court with and say “see I served the bozo and he disregarded them”, end result, you lose! So, unless you want to make nice and apologize and ask to be allowed to stay, and hope the landlord is feeling charitable, you had best get to packing and be gone long before the deadline, since you really don’t want to have to pack from the street. You can also pretty assuredly kiss any deposits goodbye on you way out.

Incidently, if it goes to court, the landlord can and almost certainly will also stick you with court and legal fees, as well as the cost of your eviction, and he will most likely report it to the credit bureau of he is in a really bad mood at the time.

[Livefire]

Notorial,

Usually the landlord will just post the notice on the door and not bother with certified mail. I brought up the ignoring the certified letter tactic because a shyster lawyer tried ignoring me in a traffic ticket case. He was the contracted lawyer for the village. I tried sending my motion for dismissal to him via certified mail and his office never signed for it and it was returned to me. I fixed the dude by having my buddy perform personal service and filed that with his affidavit of service with the court. I'm sure that the scumbag would've claimed he never received it had I not gone the extra mile. So it seems that what is good for the goose isnt necessarily good for the gander. One set of rules for lawyers and another for joe six pack.

[YAHWEHMADE]

Notorial,

If you want to respond bc you have something useful to say than do that all your cynical remarks are not necessary. First in order for district court to issue an eviction notice I would have to come under the jurisdiction of the court.

Also the one for MI: In MI landlord tenant Laws and variouses Mi Court Rules posting on the door would have to get permission from the court to serve in that manner.

All I wanted to know was can I put refusal for cause that was yes or no. I deal in real-estate so I am very aware of all Real estate laws. this 30 day was not issues for rental agreement violations nor for none payment. Its bc I told them I wanted to be compensated for infringement on the quiet enjoyment and other ordinance violations. They are issuing for malicious and vindictive act as well has I told them they violated State and Federal Fair Housing Laws in re: to familial status. I wrote them an email giving them 3 days to respond or by acquiescene throough being silence they've agreed to my statements. ALso prior to all of this the were text which I have that no mail is accepted at the rental address and the mailing address where all corresponded must be sent.

All I wanted to know besides ignoring the certified mail how else could I deal with it. I know if I am serve a summons and complaint I can return to the district court without acknowledging and the case will be dismiss as a mis-joinder or if I do show up I know how not to fall under jurisdiction. Also the UCC does apply to rental agreement bc the secured party is the holder in due course. the secure party has possession of the rental space. Also I have an Apostille and if they did decided to start a civil suit I have the higher lien which is the UCC financial statement which is on file at the regional, state, and county level. I will be sending them invoice for the violation against me as well has an affidavit on this situation which this must rebuttal point by point under the penalty of perjury with original signatures. They have already been warned about using the common law copyrighted name (they were sent a copy) without the limited usage which have been granted and that I have given them a chance to rescind the offer of usage with being charge the $500k per usage on Monday that will be up and I will be invoicing them 2million bc they have used it 4x outside of the limited usage that have been given through their LLC which is not a party to the rental agreement bc the agreement is in their name not company and it wasnt assigned.

So if you have advise or have dealt with a situation like this than respond all the smart remarks and what will happen keep them to yourself for they are not needed. I expected better from a forum like this

[Lawdog]

Kiddo, I've been a lawyer for over nine years, and for over seven years of those nine I've done real estate as a part of my practice.

The UCC does NOT apply to your apartment rental agreement. A holder in due course is someone who is entitled to be paid the debt evidenced by a check or a note.

Your rental agreement/contract with your landlord is not a check or a note as those terms are defined and used in Article 3 and 4 of the UCC (which deal with commercial paper and banking transactions).

It is true that a residential lease carries with it an implied right of quiet enjoyment. This could very well be an article in your favor. But "Refused for Cause" and citing UCC sections won't help you one bit. If you're facing imminent eviction, you need to talk to an experienced real estate lawyer in your state.

Otherwise, the sheriff will be evicting you on behalf of your landlord very soon.

Please don't let that happen to you. I've seen it happen to people, and it's not a pretty sight.

[mrg]

Originally Posted by YAHWEHMADE

Notorial,
I expected better from a forum like this

Please do not judge the entire forum by the few IRS Quatloos website pirates and their red herring pyrotechnic displays of fallacious logical ad hominem rhetorical artifice.

From time to time they actually get driven away and some meaningful exchange can take place.

Now they have layed siege, and are waging a war of attrition.

The basic format of one of these troll's post is:

1. Snide condescending remark, which is the predicate, thesis, and sole message, in and of itself.

2. Filler fluff, tactical rhetoric.

3. Snide condescending remark, as summary.


There is an ignore function which can be useful.