Does UCC Work in a Non-Judiciary State?

ntellect · #1 05-13-2004, 12:57 PM

Today, I was told face to face by the Georgia Superior Court Clerk and the Chief Deputy Clerk that the UCC process does not work in non-Judiciary states such as Georgia at all.

Of course, I find it very hard to believe the individuals whose job it is to uphold the "system" not the "laws" BUT this could be the reason I'm having such a difficult time with my UCC proceedings.

Has anyone witnessed or heard of ANY UCC success stories in Georgia?

I know of the Florida case won with the BOE but is Florida a Judiciary or non-Judiciary state?

I am running out of time. My house has already been foreclosed, I've had my eviction hearing and I'm being forced out of my home by May 19th unless a MIRACLE happens and I don't know if I "believe" in those anymore.

Ntellect

iamfreeru2 · #2 05-13-2004, 02:14 PM

Ntellect,

Florida is a judicial state. One hting you can do to stall the foreclosure is file a Chapter 13 until you can get things more together. Tha will keeep them from taking your home and selling it temporarily. What have you done so far in the UCC Redemption process? That is the first place to start from here.

iamfreeru2

#3 05-13-2004, 02:27 PM

Today, I was told face to face by the Georgia Superior Court Clerk and the Chief Deputy Clerk that the UCC process does not work in non-Judiciary states such as Georgia at all.

Those&clerks&sound confused-- like they&are rambling something somebody told them to say.

If THE STATE OF GEORGIA was a state that adopted the UCC, then the UCC applies.And Georgia is NOT a "non-judical state". &You can invoke a judicial court if you know how.& The courts do not want to bring up the UCC as it relates to discharging debt because they dont' want to address the fraud they are involved in.& They can reject those arguments because most people don't understand the argument well enough. In other words, it's "easy" to get rid the argument.

I

ntellect · #4 05-13-2004, 11:52 PM

Please understand me when I say I appreciate everyone's great advise, hints and leads in this process. I have come this far if you will by faith alone. I read of success stories on here with bits and pieces of info on how to go about fighting these demons but no one really says "exactly" how to do it.

God knows, I have researched, studied, been in peoples faces and done all that I'm capable of doing at this juncture in the process but I have run out of time. I wish to God I had the luxory of time but I don't.

I'm not asking anyone to give me all the answers like some college student cheating on an exam who hasn't studied. I'm asking for someone at this point to give me something to hold them off, while I continue fighting and studying my way through this process. At this point I can't study anymore if I don't have something to hold them off.

So please, you guys and gals, don't take this the wrong way but I need a concrete, definitive solution like last week.

I can't file ch 13 for about another month because it was dismissed with prejudice 5 months ago and I have to wait 180 days before I can refill. It was dismissed twice because I couldn't keep up the payments because I can't find a job after being layed off. I hate to put all my personal business out there like this but I am desperate. I know this process is right, I know their system is fraudulent but I need some more time to beat them.

So once again, does anyone have anything that I can slow them down with?

Thank you all once again,
Ntellect

#5 05-14-2004, 11:33 AM

I, personally, would not battle with them with the UCC stuff.& Use their "laws".& I would suggest that you find the Cornforth links and watch intensively, take notes.& You may find something there that may hold them off.& They may have rendered a VOID JUDGEMENT.

Also, I thought that a foreclosure without a jury trial is un-constitutional.&

&

iamfreeru2 · #6 05-14-2004, 11:56 AM

In most states under Revised Article 9 of the UCC a foreclosure can be made without setting foot in court. In my state, Florida, it takes a judicial order to foreclose. However the things I have done with the UCC so far has kept us out of their court. Remember jurisdiction is everything. No jurisdiction, no judgment can be rendered. The courts are all commercial in nature, that is why the UCC. If anyone thinks that courts today are courts of law, they are mistaken. A good place to start research is with CTC3. It will give you a good foundation to start with. I know Richard Cornforth and others think the UCC and Redemption is a sham. That is where we part company.

iamfreeru2

kurte · #7 05-14-2004, 01:04 PM

IT WOULD BE MY&SUGGESTION TO GO TO DOWNLOADS IMMEDIATELY AND DOWNLOAD AND PRINT OUT TWO ITEMS FROM RICHARD CORNFORTH "SECRETS OF THE LEGAL INDUSTRY " AND THE 2002 WORKBOOK.YOUSHOULD BE ABLE TO BUY QUITE A BIT OF TIME BY FOLLOWING HIS SUGGESTIONS ON LIS PENDENS . i AM USING HIS STUFF WITH SOME SUCCESS IN GEORGIA WITH SOME GREAT REPORTS TO FOLLOW.Also, "beating up on debt collectors is very helpfull.&If you have problems finging all the materials, let me know, I will try to get them to you on cd. I dont think Richard would mind at all.

ntellect · #8 05-16-2004, 10:48 AM

I know this is a forum to share thoughts, ideals and information but I have to share this from the heart to everyone.

My daughter just arrived at me home this Sunday morning. She is only 7 years old but very smart and wise for a child because I have always treated her and talked to her like she was a "young person" not a baby.

She knows of daddy's fight to save the only home she has ever known and that as early as Wednesday we could "possibly" be homeless.

She arrived with an envelope with a card the she says she picked out on her own and it reads on front: "With Caring Thoughts", on the inside is printed: "May the warmth behind these caring thoughts lift your spirits and brighten your day", on the other insde cover she hand wrote: "Thanks for all the things you have done for me. I've been praying for you so you can keep the house and keep that in your mind."

She put $5 dollars of her piggy bank money inside the card, gave me a big hug and said I hope this can help you save the house and even if it doesn't, we have each other and I love you and I'm proud of you."

Well, as you can imagine the tears started streaming down my face and I was moved beyond what any words can describe.

I'm going to fight these bastards until my last breath.

What I have thus far. I'm using Cornforth's material (awesome). I'm filing a Prelinary Injunction, Lis Pendens and a law suit but I'm not sure how or what to file as the suit.

In the first paragraph of the Injunction Cornforth refers to a "civil case" F-00000-97 that apparently happened in Superior Court. My Dispossessory Warrant hearing that I would address in that particular spot, happened in State Court which I believe is Magistrate Court. Would I address this at the Superior Court Level or Appeals Court for the state of Georgia? The Georgia Constitution Article 6 Sec 4, Paragraph 1, says all title disputes of property is handled in Superior Court but my initial hearing (Dispossessory Warrant) was in state court.

A Lis Pendens can't be filed unless there is obviously pending litigation. In the Injunction condition #4 under the "Brief In Support" talks about the plaintiff prevailing with the "attached petition." What petetion is this? Is this the Lis Pendens or that actual filed law suit or what? Also, the very last paragraph states in part " New Jersey rules governing civil practice require this Court to conduct a show cause hearing requiring the defendant to appear and be recorded verbatim." Is this all courts or does this statement depend on what state you are in.

I'm so close to putting the pieces together but running out of time.

Thanks for all the support and encouragement.
Sorry for the length and some of the content of the post. I had to reveal what was on my heart.

thank you
Ntellect

Jerseee · #9 05-16-2004, 04:12 PM

Ntellect,

In reference to your situation, do yourself a favor and contact OT immediately at: oxfordtrust@hotmail.com

I will give him a heads up that you may be in touch with him.

Godspeed

#10 05-19-2004, 11:45 PM

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