Misuse of the Notary

suijuris · #1 10-24-2004, 02:27 PM

I posted an article forwarded to me by Jason Whitney at the link below.

I would like to hear some input on this topic, as I feel it is an important discussion to have.

___LINK___

#2 10-24-2004, 03:54 PM

Good Article. Thanks Jason.

Jason states:

"From this point the holder of the instrument as well as the “protest certificate” can bring it before a court and have it acted upon in the same nature as a default judgment. "

Jason, please would you clarify what you mean by this statement?

--How does one bring it before a court?

--How does one have it acted upon in the same nature as a

default judgment?

--What do you mean specifically by "acted upon"?

--Does one file for summary judgment?

--Does one go before a Clerk or Prothonotary?

These questions have been asked repeatedly on this forum and have not, to my recollection, been satisfactorily answered.

Thanks in advance.

#3 10-24-2004, 04:21 PM

funny how all these redemption remedies were taken out of a box and pushed into a circle and now everybody acts like "why isnt it all working". the theory of redemption is sound, actually made factual by hjr 192, the problem is and always has been, how to get remedy with it. now, i agree with using just a promissary note or maybe even a bond to discharge a debt, bring up breach or fraud if they get cute like jason said. make them wanna take the instrument and adjust the books instead of facing u in court over the matter.

EnSabahNur · #4 10-24-2004, 05:33 PM

I had asked about this elswhere one time.

Does this mean that if I pay someone with a BOE, and they then take it ot their bank, and the Bank says "NO", then his issue is with the Bank, as they are required to accept it because of HJR-192 and Public Policy, and his problem is with the Bank, and not with me.

Therefore, HE is the one who should be filing a Notarial Protest against the Bank, and NOT coming back to me?

Am I missing the point here, getting it completely wrong, or is that the point being made?

Ice · #5 10-24-2004, 06:22 PM

No, you're on the right track. The point is this: If I issue a note to you ( BoE ) then it stands to reason that I cannot perform NP. You could perform NP if the note is not "honored".

This is not how "redemption" plays the game though. In redemption it works like this: You issue a note, then issue a NP upon their "non-acceptance" of the note.

And that takes us back to "acceptance" as Jason pointed out in the article. We have discussed this at length elsewhere in this forum . . . I have had many discussions in regards to the duties of the notary with many others. I had thought of writing an article to address some of these issues . . . just never got around to it. Some folks have been doing it "their" way for so long that they just can't see the error in the logic that brought them to their initial, and erroneous, belief.

The next time you think of using a notary as a personal mailing service for any document that needs to be mailed by a certain date -- remember that by doing so you make the notary a party to the action ( by making the notary responsible for meeting a requirement directly related to the action ). And a notary cannot notarize any document pertaining to an issue the notary is a party to.

Think on it.

iamfreeru2 · #6 10-24-2004, 06:42 PM

Ok,

If I undestand this correctly from Jason's article, the BoE we issued to the MC to discharge the debt on our home we cannot do a Notarial Protest on for non-acceptance. Because we are the maker of it they can do a protest on us if it is dishonored. That is the way I am reading this. Am I missing something here? How do we get resolution because the MC refused the tender by non-acceptance? There are two types of protest non-payment and non-acceptance. I must be dense on this one.

iamfreeru2

EnSabahNur · #7 10-24-2004, 07:44 PM

Quote:

Originally Posted by Ice

No, you're on the right track. The point is this: If I issue a note to you ( BoE ) then it stands to reason that I cannot perform NP. You could perform NP if the note is not "honored".

. . I have had many discussions in regards to the duties of the notary with many others. I had thought of writing an article to address some of these issues . . . just never got around to it.

Think on it.

Well, I need to get a better handle on this very soon, as I wanted to start to remove the private Mortgage on my House right away here. I'm not sure what is going to happen when I send a letter for the "Original Note" to be presented for payment (The Mortgage). If it is, I want to pay it with a BOE, and if it is not then I'll decide where to go.

I had something else to put here, but now I have to go look it up, might take an hour, so I'll leave this here for now.

EnSabahNur · #8 10-24-2004, 07:48 PM

Got it, crap, I have upon occasion mistakenly quoted using a "Notarial Protest" when in fact I meant to say "Notice of Default", my bad, which is signed by a Notary, then followed up with a "Certificate of Dishonor". I'll have to watch myself in the future.

See what happens when you cram too much knowledge into one head.

Jerseee · #9 10-24-2004, 07:55 PM

I've been riding this horse for a while now.

I have never did a notorial protest because of this reason. No one has given me a note that I have taken to the bank and they had dishonored it.

The sad part of all of this is that most fail to read the duties of a notary and how to harness that power for themselves.

This is why I have a notary witness my signature on a note and I swear to it. I also write a notary jurat absolving them of any part of the situation. In the note I state only facts that are public knowledge so everything is above board and there is no question as to the validity of the note, the signatures and its backing.

Notaries are public officials not really tainted by the bankers or the courts because they do not reap alot of the benefits that lawyers do. But they need them so desparately when they need to commit fraud against us.

This is where I whole-heartedly agree with OT and Ice by addressing the fraud. The alleged debt is just a product of the fraud--so my tacit to get them to verify an alleged debt walks right into the fraud issue. Or you can just challenge it up front but, I like papertrails that support my suspicions.

Read up on notary duties, because if this abuse keeps up--this will give your enemy enough reason to scare the bejesus out of notaries with jail time and to do only their bidding and not the right thing.

Just my thoughts...

EnSabahNur · #10 10-24-2004, 07:57 PM

Quote:

Originally Posted by Ice

No, you're on the right track. The point is this: If I issue a note to you ( BoE ) then it stands to reason that I cannot perform NP. You could perform NP if the note is not "honored".

O.K, here is an equation then.

Me (person A) is paid by person B for a job with a BOE. I accept it, and take it to the Bank (person C), and they do not honor it. You are saying that I go back to person B, and file Notarial Protest if necessary to get other payment.

What I want to know is if there is a way I can force person C to accept the BOE, since it pertains to HJR-192 and public policy, could you not FORCE the bank to accpet it?

That is what I was asking on another thread. Are the banks not required to accept them in return for their banking powers. They are given the power to take the BOE's and turn them into credit basically (not accurate but you know what I mean). Or am I WAY off base with that assumption?

We can ONLY ever be paid with a Promissary Note, so how can they say NO to them? That is what I am ultimately wondering.