Dispossessory Warrant/Eviction Notice/HELP!

[ntellect]

If anyone out there hears me, feels me and reads this. I DESPERATELY NEED YOUR HELP! I’m currently still going through this “Redemption” process and attempting to FREE myself from the Matrix following the UCC procedures.

I’ve filed my CRN, USS FS-1 in my current state and birth state. I have tendered payment in the way of a B.O.E to my mortgage company, which they rejected and sent back. I then sent their presentments back stamped “Accepted for Value”, resent a B.O.E of greater value (lawyer fees, etc), along with Notice of Preauthorized Transfer, Preauthorized Transfer, Offer of Performance and Notice and Demand. Of course they still rejected everything and foreclosed on my property. I have since sent all the required docs Notice by Written Communication/Security Agreement, Security Agreement, Hold Harmless and Indemnity Agreement, Private Agreement, Statement of Account Notice of Default, Notice of Dishonor, Affidavit of Mailing and probably other docs that I am forgetting to mention right now. I have even since sent the B.O.E to Mr.Snow himself and I’m still in foreclosure!

Now in between all of this, I heard from a third party real estate company attempting to sell my home via instructions of Fidelity Asset Management Company which handles foreclosed properties for my mortgage company, Washington Mutual. I contacted Fidelity and sent them copies of all my docs and they informed me that it “appeared” that I had paid off my home in full and should have not been foreclosed. The lady kept referring to the B.O.E as a check and of course I had to instruct her that it is not a check. Fidelity said they had to investigate this and would get back to me.

Two months later no word until today. This morning I received from the Dekalb county marshal of Georgia, a Dispossessory Warrant in other words my eviction notice. I have 7 days to contact the court to have a date set up to tell my side of the story.

I have also not been able to find any info on land patents for Georgia as well.

I desperately need to arm myself and go into court with all the ammo I need to fight this unlawful taking of my property.

Can ANYONE please give me some advise, point me to some docs, court cases or whatever I need to go into court to fight of this predator.

DESPERATE!
Ntellect

[Jerseee]

Ntellect,


Sorry to hear about that situation.& First things first, you ascert your rights in the land patent--you do not create one.& GO to the Success Stories section of this site and read the success of Don (very recent).


There is information on land patents in the Land patent section of the site.& Once this is done--you should be good to go.


So for right now, go to the county courthouse and get the description of your property and move from there.& YOu still have enough time to file it with the county.

[ntellect]

Thanks for responding so quickly. Is there any way the mortgauge company could have possibly asserted their rights to the property before me?

Ntellect

[rushpat]

If they set up an auction time, do what one woman did and print up hundreds of flyers to pass out the day of the auction stating that the title is clouded and anyone that 'wins' the auction will face a legal battle with the rightful owners. That tends to wipe out any auction going on.

You may have to do something to get them to admit that they rejected your offered of tendered payment (the BOE), and under UCC3-603(b), a rejection of offer of payment discharges the alleged debt.

Also, do what Jersee does and get the CRA's involved. If you've tried to get the mortgage holder to validate the debt, and they haven't, use something similar to Jersee's letter to the CRA's to try to get them to validate the mortgage on your credit report. Jersee's VOD has a sample letter (please don't use it verbatim, but tailor it to your situation). Read other posts on the CRA's and the validation technique.

Once the CRA's can't validate it, they must remove it. Once you have this, then you have some disinterested 3rd parties attesting to the fact that they couldn't get validation of the mortgage debt.

The more ammo you have the better!

[Jerseee]

Ntellect,


They will not ascert any rights in your land, simply because they have none.& From my understanding, they are simply trustees of the mortgage which is fraudulent anyway.


Once you ascert your rights and get your declaration filed, you may want to look into a "Lis Pendens".

[Ice]

Originally Posted by ntellect

I have since sent all the required docs Notice by Written Communication/Security Agreement, <U>Security Agreement, Hold Harmless and Indemnity Agreement, Private Agreement,</U> Statement of Account Notice of Default, Notice of Dishonor, <U>Affidavit of Mailing</U> and probably other docs that I am forgetting to mention right now.

Your private documents regarding your STRAWMAN should never be sent to anyone.& They don't need to see those.& Also, the AoM is for your records... they don't need to see that either.& The only thing they need to see is a copy of the UCC FS and the CN -- the rest of your private docs should remain private.& This has been discussed over and over.& The reasons are simple: you want to have a complete record when you file a UCC against your target -- all documents that you send to a "target" would have to be filed with that UCC in order to have a complete record AND YOU DO NOT WANT TO FILE YOUR PRIVATE DOCS WITH ANY UCC AGAINST A TARGET!


Let me add that I do not believe that anyone should attempt any action in regards to a mortgage without first having asserted their rights in the land patent.THE VERY FIRST STEP should be to acquire the Land Patent Number.& Never proceed until you have that number.


I have stated the 2 above positions over and over again.& It seems to me that&the only option is to prove your claim that the mortgage has been discharged or prove the fraud in the mortgage contract.& You could attempt to force them to prove their claim by producing the ORIGINAL contract.


&

[ntellect]

Thanks for all the ammo jersee and rushpat. I would think the letters from their lawyers rejecting the B.O.E would be enough proof of them rejecting the offer for tender of payment. The question is, will it hold up in a court room hearing for a Dispossessory Warrant.

As far as getting the CRA's involved. I'm assuming that's Credit Reporting Angencies. Where can I find an example of that VOD letter? Also, is it just simply a letter to the CRA's disputing the alleged debt?

Jersee, I looked into a "Lis Pendens" prior to being foreclosed, only to not be able to use it. The reason being is I didn't have pending litigation against the mortgage company. What would be my litigation against them other than dishonor and the fact that the debt is discharged like rushpat said due to UCC3-603(B). How do I file that in court?

Thanks again you all. When I got the Warrant this morning all hope literally drained from my body but the more I talk to knowledgeble individuals like yourselves, the more my hope gets restored.

Thanks

[Ice]

Why not try to get an "injunction" to halt eviction so that you can pursue the matter in court?& Again, see R. Cornforths audios and etc.


&

[ntellect]

Thanks for the info everyone. I found jersee's VOD package and will read it after I post. Is it to my understanding that you only send the letter to the CRA and not a copy of the VOD?

Ice thanks for the info as well but like I told you a few months ago, I got thrown into this war before I really had any ammo or previous training in battle. I was fully unaware of a land patent before beginning this process and definitely didn't know about not sending the private docs.

Unfortunately, I'm having to learn on the fly because everything came tumbling down before I could study this process.

I will be researching all the info everyone has given me. I just hope and pray I can find all the answers before dooms day, (April 30th).

Ntellect

[rushpat]

Hmm... I personally would stay away from BoE's, but it's already done. HJR 192 says that it is against public policy ... to demand payment in anything other than gold or silver, right? Are they above public policy?

If there is not gold and silver in circulation, then we only have promises to pay. Asking for the specie of payment should help, as they'll say cash, check, cashier's check, etc. Since those aren't gold and silver, they must then prove they are above public policy in HJR 192.

If you offered a BoE, and they rejected, then they rejected the offer and it is discharged.

To stop the action, you can do the injunction, or there is a bankruptcy that can be filed to stop foreclosure. I'm not sure as I've not done this.

In the future, stay away from BoE's... they are becoming as problematic as Sight Drafts were. The Bonds of Discharge will probably become so as well. The CPN (certified promissory note) as in the CTC3 book, is probably the safest route.

Another thing, did they mortgage company get a court judgment against you? If so, then you should look up Cornforth videos and workbook on having a judgment voided. Also, do a search on the Writ of Error posted by Flecompte in the downloads and the forums.

Perhaps you should look into title 18 of the Georgia online law regarding creditors and debtors. That's where I found some recourse to possible garnishments from tax agencies that don't have court orders:

http://www.legis.state.ga.us/cgi-bin...pl?code=18-2-1