From: tleach14@frontier.com
To: elsaandpete@live.com
Subject: Keating
Date: Wed, 28 Mar 2012 17:42:56 -0400

Jean Keating Explaining The UCC

You have to understand tax law, trust law, commercial law and accounting if you don’t you won’t understand anything or what the court is operating under.
Well, if you go in court, these courts have 2 jurisdictions - a public side operates in commercial and a private side that operates under Common Law and their Courts of contract. If you contract with them they have Jurisdiction. To not contract, make a Special Appearance. Make a Letter Rogatory and every time I have done one I have been successful, you have to read UCC 3-501 and 3-502 it tells you how to do a conditional acceptance upon proof of claim. You have to challenge their right, most of these people are making presentments on behalf of someone else, they don’t ever tell you their authority to do that is. When they do these loans that’s what there doing on a mortgage loan they are making a presentment on behalf of someone else. You can kill all these mortgages on the administrative level; they should never get to court. What about a non-judicial state? They never go to court anyway! A judicial, they file a complaint against you. They can not do a non-judicial because it it’s a confessed judgment.
The Deed of Trust contains a confessed judgment that is where they get the power of sale. Read the power of sale clause in the Deed of Trust. You have to understand tax law, trust law, commercial law and accounting if you don’t you won’t understand anything the court is doing.
Well, if you go in court, these courts have 2 jurisdictions - a public side operates in commercial and a private side that operates under Common Law and their Courts of contract. If you contract with them they have Jurisdiction. To not contract, make a Special Appearance.
When a loan goes into default they enter the right under the power of sale, that’s a confessed judgment. In CA in 1131 to 1134 of the CA civil code you cannot do a confessed judgment on a mortgage loan unless the borrower has consented to it. That means he has to file an Oath and Order with the court and it has to be certified by an Attorney. All these Deeds Of Trust contain a confessed judgment.

Number 2 is you’re not dealing in a mortgage loan, you are dealing in an investment contract and they are holding you liable on a contract that you are not a party to; that is the Pooling and Servicing Agreement. Under the Statue of Frauds which is Sec 1624 of the CA civil code and its in the UCC at 2-201 and the Statue of Frauds was designed to prevent the very thing they are doing. The Statue of Frauds is evidentiary and if you don’t raise it, you waive it. I don’t know of one person that has ever raised the Statue of Fraud as a defense. The land mark decision is the Seacrest Case because when you go to closing they are doing a loan modification. Because they made you a party to a contract to

which you are not a party to. You are a 3rd party Contractee to the Pooling and Servicing Agreement and the proof of that is that is where your mortgage payments are going. The Payments are going to the investors as a cash flow claim. There not going to the servicing company, they are merely passing the payments on to the investors. Why are they giving them to the investor?

Another thing to study is; that you are dealing in securities not negotiable instruments. What you call a promissory note is a security because it has a maturity of more than 9 months. All these mortgages have 20 and 30 year maturities. Read Title 15 sec.28>78 (c) 10; any note that has a maturity of 9 months or less is excluded from the definition of a security. Because it’s not a security it's a note. Where have you ever seen one promissory note that has had a maturity of 9 months or less. You haven’t! And there is also suppose to be a Disclaimer that is suppose to be in the credit application under Title 16 CFR 433.2. Which says that the buyer/seller take it subject to all the defenses and claims that the buyer could assert against any transferee or any buyer who buys it. Or anybody who sells it, but they take it out of these loan applications. None of the applications have that disclaimer in it. That means there is no holder in due course. Because if you read UCC 3-302 a holder in due course takes it free of all claims and defenses that the payor could assert against any payee or assignee or transferee. They don’t take it free of that they take it subject to your claims and defenses. What are your claims and defenses? Under UCC 3-305 you have a claim in recoupment. Which is a counter-claim and that’s the same language in Rule 13 of FRCVP
Rule 13 says there are 2 types of counter-claims, there is a mandatory and permissive counter claim. Mandatory arises from the same transaction and occurrence as the plaintiffs claim. No one is filing a counter-claim that is why they are running over you! You can’t be a creditor unless you file a counter-claim! UCC 3-305 2nd Claim is UCC 3-306; you have a proprietary and possessionary and property interest in the note and its proceeds. You have the right to rescind negotiation of the transaction. Negotiation means the endorsement on the note. They always endorse these notes “Pay to the Order of”, you have a right to rescind that negotiation. No one ever does it because they don’t read the UCC. When you are dealing in securities it is governed by Article 8 not Article 3 ; what you call a note is a security and it is a non-negotiable instrument. If you read the Adjustable; sub-prime mortgages have an adjustable rate rider that goes with the note. The rider modifies the conditions of payment and supplements and governs the promissory note. UCC 3-106(d) it can’t be a negotiable instrument if it is subject or governed by extraneous documents outside of the promissory note. And they make it subject to the adjustable rate rider and the deed of trust. There are a dozen cases that

say all mortgage notes are non negotiable instruments. If they are non-negotiable they are not governed by Article 3, there governed by general contract law, specifically Restatement of Law Second series under contract Section 164 which has to do with mis-representation which means its subject to recission. If you read 226.23 of TILA or Reg Z : 12 CFR in the Appendix there is a Form H-8 and H-9 it is in the Appendix.
The lender has to give you the Form to rescind, that’s all in 226.23. It says that it doesn’t apply to residential mortgage loans but go down to Section H it says at foreclosure you have the right to rescind the loan transaction if 2 things occur: 1.) there was no mortgage brokerage fee charged

2.) you were not given notice of the right to rescind

3.) or you were not given the appropriate Form.

The form in Appendix H-8 and H-9. So you could rescind the transaction when it goes to foreclosure. They will tell you only have 72 hours, if they did not give you notice the statute of limitations does not begin until they tell you, you have a right to rescind. You can do it at foreclosure. Another thing you are not in a loan transaction, your in an investment contract UCC 4-102 under Applicability says if an item is includable in Article 3 its governed by Article 8. Article 8 governs Article 3 because you are dealing in securities.

All these notes are securities, not notes or negotiable instruments. Article 8 governs 3 and 4. What you have to do is you have a claim in recoupment or a claim under 3-306 to the proceeds and a right to rescind the negotiation. And you have a possessionary and property right in the proceeds of the investment contract.
File the claim! If you read 8-505 to 8-508 it tells you how to file a claim! The claim is called an Adverse Claim, it’s defined in 8-102 and 8-105 of Article 8. All these mortgage transactions are governed by Article 8 or Article 2 and you have never filed a counter claim. That is why they File a 1099 – A because they say you abandoned your claim or recoupment which is a counter claim and your possessionary right to the proceeds from the sale of the security under the investment contract to which you are undisclosed 3rd party in the contract under the statute of Frauds. If they are going to hold you liable under a contract which you are an undisclosed 3rd party and it has not been subscribed to by you and you have not memorialized it then you have a right to the proceeds. Go after the proceeds. It tells you how to do that, no body is doing that! Another reason your losing in court is because none of these courts have subject matter jurisdiction over land. Only a land court and in Florida are the county courts and it says that

in the constitution. If you go into the judiciary of the Florida Title 5 Sec 20 it tells you what courts have jurisdiction. County courts have jurisdiction over land, so what you are doing are contracting with those that don’t have jurisdiction. These attorneys don’t have jurisdiction to represent anyone! Read the Dead Man Statues which were codified under Probate law, Rule 601 under Federal Rules of Evidence, it goes to competency to testify, they are incompetent to testify for a dead person. Who is a dead person, the corporations, they are dead because they are not real. What an attorney does is they testify on behalf of all these banks and if you don’t raise the objection, you loose the right!
That is the first thing to do. “I am before this court by special appearance without waiving any rights remedies or defenses, statutory or procedural”. I put that admonition at the top of my pleadings, that way you don’t waive jurisdiction, otherwise you are going in on contract with these people. You contract then when they rule against you even though they didn’t have subject matter jurisdiction you gave them that,but you have to raise it. Also in personam, in order for the court to have jurisdiction the plaintiff has to be there and the defendant, both party’s, real party’s in interest that have standing under Article III Section 2, standing is a threshold issue and the court is suppose to address that sua sponte and they are not doing it! Some do some don’t! So you have the responsibility to bring it up.None of these servicing company’s that are foreclosing on all these loans have standing to come to court to foreclose on your loan. Because they don’t own the loans, who owns the security, the borrower does. That’s why this CountryWide and the Kemp case, this women an employee from CountryWide testified that none of the notes are transferred. That means all of these Real Estate Investment Trusts don’t have the note. April Charney in her admonition says they never transfer the notes nor do they sell them they keep them. The reason they keep them is because they don’t own them. They can’t transfer them and if they did transfer them, they have to do that to get the exemption otherwise they have to pay taxes. If they don’t pay out 90% of their taxable income in interest and dividends to the investors then they have a tax liability. They do not qualify under Section 862 and 852 of Title 26 as a Real Estate Investment Trust so there in possession of contraband. So what they are doing is billing you for the tax that they owe. No one raises this issue because they do not understand it. That is why every mortgage is a tax issue. There are 2 issues: an investment contract and a tax. The reason a tax comes into play is because they never transferred the security, they kept the security. So that means all the investors that bought cash flow claims under the Pooling and Servicing agreement have got worthless paper. That means there is a cloud on every title and none of these notes were ever securitized. That means every B-5 Prospectus, S-3 Registration Statement, 8-K Current Report are all invalid. That are filed with the SEC because the notes; the security were never transferred at closing. The investors put up all this capital and in the law review by David Levithin (SP?) that goes into the ramifications. The banks that allegedly financed all these loans are going to have to give all the money back to the investors as cash flow claims because they never transferred; they bought something that they never got. They paid for all these notes, or securities and they were never transferred to them, they don’t own them. The banks are going to have to give it back: there is not enough money in all the banks to pay these investors back. So what does that mean, you are going to have a put-back.
This professor that went up to testify before congress on the sub-finance committee under community housing, he testified before Congress as to what is going to happen if Congress does not do something. What are they going to do? It remains to be seen. I am telling you what the ramifications are, China will probably buy up all these loans or they will bail out everybody, or confiscate all your money in the banks. One of those is going to happen, just watch.
In response to the lady that asked about the 1099 OID all these people that are filing 1099 OID’s and 1096 and 1040, 1040-V they are not filing Form 8281. An 8281 identities who the issuer of the OID is under Title 15 Sec 78 c (a)(8) – go read it! It identifies you as the issuer, because you did not identify yourself as the issuer, you don’t have a claim. IRS Publication 1212 page 2 that you must file an 8281 when you file the OID. You must read the publications! That is what you need to file as the issuer. Also if you read your Deed of Trust, this is in every deed of trust under payments, which in most all of them is number 3 and if you go read it, this is what I mean no one reads anything, don’t complain about lack of disclosure but they never read the deed of trust it tells you what they are doing. It tells you that if there is any money owed at maturity you can pay it at maturity. So how can the note be in default, if you have a right by contract, the DOT (Deed Of Trust) is a contract, and you signed it, how can they foreclose when you can make any payment at maturity on the note under the DOT. How can the mortgage be in default or foreclosure? Have you ever heard that? Read every word, every sentence, and every phrase. It is an unconscionable contract with clogging provisions. Clogging provisions extinguish your equity of redemption. If they sell your security how are you going to redeem it if they sell it to someone else and give you the note back, don’t you always have the right to redeem a loan. That is more proof it is not a loan, it is an investment contract. There is an IRS form 8281, read instructions for 8282 and 8283 read all 3.
In 1951 they passed a law under Title 26, Section 2038 and 2514, it is called the Power of Appointment Act of 1951. The donor has total power, every one of these mortgage loan transactions is a donor : donee relationship. Which means it is a Class 5 Gift and Estate Tax under 60 02090 Decoding Manual, IRS Processing Manual of 2010. If you go in there that all 1096’s 1098, 1040, 1099 all W-2, W-4’s are Class 5 Gift and Estate Taxes they have nothing to do with an income Tax. 1040 forms you don’t report gift and estate taxes on a 1040, that’s for income. All Class 5 Gift and Estate Taxes are on a 706 or 709.
There are two types of taxes: Form 706 is the generation skipping tax and Form 709 is a gift tax form. There are 2 types of taxes, generation skipping transfer tax (706) and a gift tax (709). If you go read Publication 950 you have a $3.5 million Unified Tax Credit that means if you know about accounting. Corporations use that $3.5 million credit they use it as money. They give tax credits to banks and banks will loan money on tax credits. We have a $3.5 million Unified Tax Credit under Publication 950 on all estate taxes and $1 Million UTC or exclusion on the gift side. The bill if you read the 709 for them bill; the exclusion, you have $348,000.00 built into the form, it is in the form. I know that none of you wage earners make more than $348,000.00. What is wrong with this picture! With a 1099 A you have to send a Form 56! 8281 identifies you as the issuer of the OID. They are penalizing the OIDs because there is no 8281 filed. Every one of us has the power individually to take back what we know as the kingdom of God. We have special drawing rights on the IMF. Did you know that? All there corporations are debtors in possession under chapter 11.
All these corporations are debtors. We all have our remedy. 1099 A, B & C you can run your bank Under Title 31 USC we are private bankers. I did a 1099 OID for 2006, 07 and 08 – how do I fill out the forms for a checking and savings account, for my money of equity. Read 1271 to 1288 of Title 26 Everything is an OID, because it is a public debt instrument. When you write a check it is a public debt instrument. You have issued it as an OID or withdrawal. But on the 8281 you have to have a CUSIP number. That is why it is done wrong! Everybody that is doing redemption is doing it wrong. When they send you a bill, the bill represents what they accessed your credit for. OK, you have to file a tax return and assess the tax. That is why they never redeem the debt because you never assessed it, because it is a tax. You are the only one that can assess it because its your credit they are using. If you don’t report it as income to the IRS how are they going to give you a refund?
You do a pay to the order of on the bill “Pay to the Department of Treasury, Charge the sum said to the person that sent you the bill, the utility company: credit it to your account with your SS # there!
Not an A4V it’s a money order! Your paying the tax to the IRS and the IRS can bill the account of the person that sent you the bill. Your not doing that so they are billing you for it. They go into your account and get the money then send you a coupon or bill, they are double dipping. They keep the coupon and that is a check plus the check you sent to them. They got paid twice! If you don't think that is what is going on you are in for a rude awakening! The court assessed me $80,000.00 fine and I did a “pay to the order of “and assessed the tax to them. I never heard from them again! They have to pay the tax on the bill on $80,000.00. Every bill is a tax bill ! So take each bill and do “Pay to the order of the IRS (original to IRS) and send a copy to the person that sent you the bill along with a 1040 V, 1040 and 1096 and an 1099 OID. Put it in as income! You are reporting it to the IRS as income. How many 1040’s can you file in a year? It depends on how many transactions you have. Put all transactions on one form if you want to wait until the end of the year.
They are using your money and not reporting it. Who keeps track when you write a check? Do you do that? OK, how are you going to balance your checking account? Who does that? The IRS can’t balance your account, credit account unless you file a return. Reporting the income, you have to do it because its your income. Do a Pay to the Order of on the IRS bill itself, the IRS has a DUNS number. They are a corporation! They are doing business. What they are doing is they are trying to find out if you know what you are doing! They are testing you. They are telling you that they are double dipping. So still send in the 8281 with the 1099 OID. Your not an issuer unless you file an 8281, Publication 1212 says you must file an 8281. It is mandatory!
These courts, none of them have jurisdiction to do anything. They are not courts they are privately owned trading company’s. I make a contract on the private side with a conditional acceptance! I stopped a $60,000.00 car loan by writing a letter to the judge. He took the case off the calendar and dismissed the motion for default judgment and dismissed the writ of possession. You go in on the public side with courts that have no jurisdiction, you are contracting with them and you give them jurisdiction by contract. They can contract with you, I don’t contract with them. Where is your authority? I’ll accept that on proof of claim. What is your authority to make a presentment on behalf of someone else.
Do they ever on the foreclosure ever show you the note? Do you know they have to present the instrument also, they have to tell you their authority for making the presentment. They have to exhibit the instrument. Have you ever made them exhibit the instrument? Did you know if you get an abstract of title, from the title company that it will show the loan was paid in full at closing. There called Titled papers! The Title company has the abstract of Title which is the record of the deeds and notes, where they have been, who is using them. The Title company has all of this! Ask the Title company for the abstract of title. Who holds the Errors and Omissions (E&O)? Make a claim on the errors and omissions on the loans. Did you know that under RESPA they cannot receive any kick back on a mortgage loan which is a federally funded loan. They call them mortgage loans, but they are really investment contracts. They violate RESPA and that is an E&O claim and you can collect on the E&O. RE the CUSIP number on the 8281, how do I fill this out?
This is how you identify who the issuer is. You are not doing that!
Information Return for Publicly Offered Original Issue Discount Instruments
UCC 4-4.5-104 – defines the originator, of the first funds transfer. When you read UCC 4-3-105 it tells you who the issuer is and the issue. Under Subsection (a) it defines what the issue is, and (c) defines what issuer is. The issuer is the drawer and the maker! If you sign the mortgage notes you are the issuer by legal definition. Does that tell you anything! What did you sign you endorsed the security. Well, don’t you have a proprietary interest in the proceeds from the sale of the security. They made you a party to the investment contract. Well, so why aren’t you claiming it? This is why people are not winning in court. This is a UCC Article 8-102 (a)(1) “Adverse Claim” “A claim that a claimant has a property interest in the financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer or deal with the financial asset.” UCC 8-102 (9) “A financial asset is a security.” You got a property interest in a financial asset, isn’t that what UCC 3-306 says…property interest. And when you go to UCC 8-105 a person has Notice of an adverse claim if the person knows of the adverse claim. They know you have an adverse claim, they had notice of it at closing. Aren’t they aware of facts sufficient to indicate that there is a significant probability that the adverse claim exists and deliberately avoid the information that would establish evidence of the adverse claim. Don’t they have a duty imposed by statute or regulation to investigate whether an adverse claim exists. Don’t they have knowledge that a financial asset or interest therein has been transferred? All this 8-105, then 8-505 tells you how to file the claim. You funded the whole thing!
Read on the internet the Affidavit by Neil Garfield he explains it. He says the money came from the investors, on a pay forward. But that is wrong! Before they ever had a borrower in place they had the capital so the investors put up the capital for these REMICs before they had the mortgage loan in place. They did it under the condition that you put up the security. Doesn’t that make you the creditor? The capital that the investor put up was predicated on your putting up the security to the servicing company. Didn’t you give them the capital for the investors money. Wasn’t the pay forward done by the investors, before there ever was a loan in place?
Caller: The investors money did not go to my security it went to the bankers and lenders to buy the insurance policy’s credit default swaps and fund their pool of money so they could pay back the investors.
But they put up that capital based on your security, that you issued, that gives you a proprietary interest in it. If you withdrew all the securities from the Pooling and Servicing Agreement and from the trust fund what would they have, nothing!
Caller: so if they didn’t have the right to the investor’s money if they didn’t have my security. That’s right!
They would not have put up the money in the first place unless they were guaranteed capital from the borrower. So the borrower has a proprietary interest in the proceeds from the security. But you are not making the claim! That is why they put the Disclaimer in 16 CFR 433.2; they take it subject to all the defenses and claims that can assert against the seller. Well they can’t be a holder, a holder takes it free of all defenses and claims. So they are not holders in due course. What does UCC 3-305 say? Defenses and claims in recoupment that means counter claims, go look it up! UCC 3-305(c): “it says the obligor is not obliged to pay the instrument if the person seeking to enforce the instrument does not have the rights of a holder in due course.” What does that tell you?
If there taking it subject to your claims and defenses then are they a holder in due course? No! Doesn’t that say you don’t have to pay it? So why are they foreclosing on your property when they are not a holder in due course, because you are not raising the defense. You are not in a land court; you’re in a privately owned trading company.
In California do you know where the county courts are? Read the Constitution! I haven’t looked it up but do they have county courts in California? They do! Ok, where are they located? Well, I assume it’s like where you fight tickets and things like that? Those are the only courts that have jurisdiction over land, none of these courts have jurisdiction over land and no one is bringing this up. They go in and these courts are running over them. IRS Form 8281: It has a CUSIP number because it is a security. No Notes have a CUSIP numbers, only securities have CUSIP numbers. You can give the DTC your SS # or a Broker Dealer that you want to know what your CUSIP number is, he can tell you in 30 minutes. He will tell you what your CUSIP number is.
ISSUER NAME: YOU
TAX ID: SS#
ADDRESS:
NAME REPRESENTATIVE: SEE INSTRUCTIONS/READ THEM
ADDRESS OF REPRESENTATIVE/BROKER
PART II
CUSIP NUMBER:
TYPE OF INSTRUMENT FIXED OR VARIABLE RATE
ISSUE PRICE: AMOUNT OF MORTGAGE
INTEREST PAYMENT DATES:
AMOUNT OF OID FOR ENTIRE ISSUE
YTM: DATE VALUED AT MATURITY 360 x PAYMENT
DESCRIPTION OF DEBT INSTRUMENTS: FINANCIAL ASSETS UCC 8-102
You can report your withdrawals as debt instruments, as an OID. Call any broker and ask for your CUSIP number!
Tell them you want to track a bond and you don’t have the CUSIP and give them your SS #. I have already done this!
Question: Last week of redemption period, what to do?
Has he done a Unlawful Detainer? What state, judicial or non judicial? They do an Unlawful Detainer (UD) to get you out. Based on a landlord tenant agreement, where is the agreement? How did the trustee get, you out, because you don’t have a claim going. That is why they are throwing you out of the house. How does he do that? Go read UCC 8-505 and UCC 8-508. You have to find out who the broker or clearing corporation is and you gotta send a written communication, this might be a good time to go into that. I’m going into the UCC. Hang on! UCC 8-505 says the duty of securities intermediary with respect to payments and distribution. The securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset.
You know what I would do…. I would find out who the Title insurance company is, find out who the Errors and Omissions carrier is and tell them you want to file a claim. Tell them you want a release of lien and re-conveyance on the property. Because of the E&O claim. If they don’t give you the release and re-conveyance the Title company has that right in California under 29.41.7.
If you can’t locate the beneficiary of record or the lender which you can’t because of the securitization then you can ask and in 30 days they have to give you a release of lien or re-conveyance. The Trustee does and you can tell the Title company that you want a release and re-conveyance because of the E&O claim you have, you want a form for it. Look under 2607 (a) of Title 12. That’s what I would do. They will call the Title company they said the property was free and clear with no encumbrances. They are liable if there is any cloud on title.
Go to www.myprivateaudio.com to sign up for the classes with Jean. When it opens, on the right, you will see the announcement for tonight’s call. It says click here, click on that, and that will open another page, and that will show you the links and the Paypal information. It’s Toby.Butterworth, that his Skype ID.

Angela: Okay, we will go with Nancy, she has been waiting, go ahead Nancy…

Nancy: Okay, great. I have some tax questions? About the promissory note, I have not written promissory notes..

Jean: Are you a tax protester? Are you in possession of contraband?

\Nancy: You mean if they have sent me something and I have not sent it back?

Jean: If you didn’t assess your tax, you are in possession of contraband. And you are a naughty little girl.

Nancy: Wait a minute, you mean if I didn’t file a return?

Jean: Yes, you have to file a return. That is what an assessment is. No, it is an assessment. That is how you assess the tax. How is the IRS going to give you a refund, unless you report the credit that these people are using. See nobody is doing redemption right. That is why you are not winning in court.

Nancy: But if I get a bill from them, why aren’t they taking my promissory note?

Jean: Why are you sending them a promissory note? The bill is a check. Endorse the bill, and Pay to the Order of Department of the Treasury, Timothy Geithner, Governor of the International Monetary Fund. The sum said to the account of whoever sent you the bill. Do a charge back. Pay it to the IRS, that is the return, then you do a charge to whoever sent you the bill, then you say credit the memory of my account and give them your social, of the amount, then put the amount down. So what you are doing is charging it, you are paying it to the IRS, then they are doing a charge to the account of the utility company or whoever sent you the bill, they credit it to the memory of your account. That is how you do a redemption, that is the proper way to do it. I wrote out a check, an international bill of Exchange on a napkin, and they gave me a receipt for it. What does that tell you? Thank you for your payment!

Nancy: Okay, I have seen a lot of people put in prison because of international bills of exchange, maybe they are doing them wrong.

Jean: Yeah. What is your first clue.

Nancy: That they have been put in prison I guess.

Jean: Yes, because they didn’t pay the tax. You can’t create debt instruments.

Nancy: All right. If you are using an International Bill of Exchange to pay a bill, then what?

Jean: Well, you are not using it to pay a bill. I take their bill and convert it into a money order. That is what the coupon is. Do a Pay to the Order Of on the coupon, send it to the Chief Financial Officer, say pay to the Order of US Department of the Treasury, Timothy Geithner. He is the Governor of the International Monetary Fund, he is not the Secretary of the Treasury. You know who Secretary of the Treasury is? Mandez Torez, Puerto Rico. They moved the Department of the Treasury to Puerto Rico in 1921.

Nancy: Okay, but I have gotten coupons and I have written a money order, payable to the Department of Treasury, and they have had no effect on any so called debt the IRS has.

Jean: You got a bill from who?

Nancy: The IRS.

Jean: Okay, and what did you do with the bill?

Nancy: I filled out the coupon, Pay to the Order Of and set it back to the IRS.

Jean: You mean you charged it to the IRS. They are using your account.

Nancy: So you say charge to the IRS instead of your social security number.

Jean: No, you charge it to the IRS, or whoever sent you the bill.

Nancy: Okay, so you have to make it Payable to the Department of Treasury, charge to the IRS.

Jean: And credit the memory my account number and put your social in there as your account number.

Angela: Credit the memory?

Jean: Yes, credit the memory of your account.

Nancy: Okay, so first you have to file a 1040.

Jean: Let me ask you, how are you going to pay them when there is no money?

Nancy: Ha, with another debt instrument.

Jean: Well, the bill is a debt instrument.

Nancy: Yeah.

Jean: They are sending that bill, which is a check.

Nancy: I have always heard that but I was never able to figure out how to get any money out of it.

Jean: Well, I do this all the time.

Nancy: Yeah, because I still have to file a 1040 first, that is what you are saying.

Jean: Yeah, you have to file a 1040 with that and report it as income. Then you have a 1040 B, which is a payment voucher. Then you fill out a 1096. If you come to my class on Tuesday, I will show you how to fill it out.

Jean: I am the only one that is teaching this.

Nancy: I really have to figure out this IRS stuff because it is eating me alive and they have a huge levy on my retirement.

Jean: Yes, that is why they have a levy on you is because you have not assessed the tax.

Nancy: All right, so if I did it before Tuesday, because I am in a bind, if I do some 1040’s, and 1040Bs, and 1096, I can learn more on Tuesday to finish this off?

Angela: Okay, alrighty. Ok, we have Maggie in Arizona.

Maggie: I just want Jean’s take on something and I will try to summarize as best I can. I bought a house, it’s seller financed. Well it’s a mobile home. We had the land title company act as the loan servicer; they went bankrupt and were taken over by Loan Care Account Servicing. So they were the account servicer, I sent my payments to them, they issue payment to the woman I bought the house from. I was reading my information, now that I have learned about all this mortgage fraud, not that I am accusing the woman I bought the house from but, the account servicer is holding the original promissory note and the original documents, and the strange thing is there is a small monthly fee for them to do this, and the question is, what would be their true benefit for a lousy $18.00 a month for all the work that they do? Is there something hidden that I am not catching on the account servicing for seller financing?

Angela: What they are doing is sending you a bill once a month.

Maggie: Well, they do more than that in actuality, they hold the impound account for the taxes and insurance, send late notices, if I happen to be late, they have to run all the input, the payment now goes to a bank lock box in California, and then a report is sent to the office in Virginia.

Jean: Ok, so you said they charge you $18.00 a month for that, right? So you want to know what their benefit is in doing that?

Maggie: Yes, it does not seem that their overhead would be covered by the $18.00 per month for all the trouble that they need to go thru in my opinion.

Jean: You are probably right.

Maggie: Okay,, I have another quick question. There was an attorney firm that filed suit, they first were acting as a third party collector, on a charged off credit card from 2007, they actually went thru the process to file a civil suite in Kingman against me, representing an attorney for the original bank as plaintiff.

Jean: They filed suit against you for what?

Maggie: For the amount of that charged off credit card. And I didn't know how to respond, ultimately they received a judgment with no evidence of the debt and I need to know what to do to proceed in some fashion. I have absolutely no idea what I need to do as they did receive a judgment from a judge here in Kingman.

Jean: You went into dishonor.

Maggie: Well it was charged off in 2007. And they started contacting me in 2009. I made a feeble attempt to ask them to validate the debt, but I didn’t do it with all the fancy jargon. They never responded except to file a civil suit. I responded as best I could, and it obviously didn’t jive, and the next thing I new, I got a civil judgment filed, so at this point…..

Jean: So what are they doing with this judgment?

Maggie: Well they are threatening of course that they can attach and garnish, I am on a very limited social security income and at this point, uh..

Jean: Do a pay to the order of on the judgment. Who issued the judgment?

Maggie: The Judge, Justice of the Peace, in Kingman.

Jean: Do a tax bill. Do a Pay to the Order. Pay it to him.

Maggie: To the Justice? Okay..so, I take the judgment that has the amount on there, with the case number, they give a total, it is hereby ordered that a judgment is entered for this amount.

Jean: Make it payable to Department of the Treasury, but charge it to the Judge. Do you want to see a case go away real fast? I am telling you….

Maggie: Is there a specific spot on that presentment that I am to write these words?

Jean: Yeah, tell them you will do a conditional acceptance, on proof of claim. They have the authority. I wish I had time; they would cancel the whole thing.

Maggie: Well, yeah, from what I understand, the attorney was actually acting as a third party collector, you know he bought the debt, it’s Gerstel Chargo, in case you are familiar with that firm, and they are attacking a friend of mine in Mesa under the same guise, it is just in the beginning stages with the first contact from them. I thought maybe with what happened to me, I can help her, not get in the same position since we are more educated.

Jean:You need to learn to write a letter and you will never hear from them again.

Maggie: Yes, but you have been doing this for as long as I have been alive, so, I give you all the credit and admiration in the world, I know I can’t learn the whole legal system in one phone call, but even if I know how to start a rebuttal against this or even some type of claim against the attorneys for acting as a third party collector and as attorney for the plaintiff.

Jean: It is probably the attorney that is bringing the claim.

Maggie: Oh, I am sure. I mean, even though he named Merritt Bank, he is doing it as an assignee, having bought it from Merritt Bank, because when I attempted a validation of the debt letter, they actually ceased and desisted, and they sent me so much as information about that, but that they were going to put it out to their legal team.

Jean: You say this is a credit card debt? Do you know who owns both sides of the credit card debt?

Jean: No, The DTC. The Depository Trust Corporation.

Maggie: All right, well possibly scrape up some money and get into your class.

Jean: I can show you how to do a conditional acceptance and they will go away. You'll be able to cancel the whole thing.

Angela: Okay, thank you. Ok moving on, okay, Jeff go ahead.

Jeff: Hi, Jean, ok, I had a couple of more questions I hope you might answer for me. Would you say that a cost claim or counter claim are one in the same?

Jean: Yeah, they are pretty close.

Jeff: In Patrick’s information, he says it is absolutely mandatory to do one of these cross claims, and he ties it back into biblical stuff.

Jean: That is how you identify yourself as a creditor.

Jeff: That is what he said, here is how I see it Jean. In the Bible, Christ went into the temple and he turned the tables on the moneychangers. I think that is what all of this has to do with. And that is what turning the tables was, switching it around so that you are the plaintiff.

Jean Do you know why tax returns are filed on April 14th?

Jeff: Why?

Jean: Cause that is the Passover. Okay the Passover is from April 14th until the 22nd.

Jeff: The other thing that I would like to ask you is, in the Scripture, when they asked Christ if the Master paid tribute, he told a disciple to go get it out of the fishes mouth. Now, I think that has to do with the CUSIP number and the call, I think that this is all related, because what he is talking about there, is what you have said on this call. When you go and get the money out of the fishes mouth, where does the fish live? The fish lives in the admiralty, in the pool.

Jean: In the sea.

Jeff: Yeah, when you go to the great big pooling account and you go fish...

Jean: That is what they call the fish that came out of the sea.

Jeff: Yeah, and what you are trying to do is bring that fish back onto the dry land, aren't you?

Jean: Yeah, do you know what the word “BEAST“ stands for? Belgium Electronic Automated Surveillance Terminal. That’s ANA, Annual Numbers Association, in Brussels, Belgium. Which is tied into the BIS, Bank of International Settlements.

Jeff: Yes, and that is where these CUSIP numbers are, and I had a friend who just got his CUSIP number on his case here in Indiana, he went from 30 years to 3 years probation cause there were some things that we did not under stand, but it didn’t matter, when they tell you have a right to a phone call, that really isn't about a phone call is it Jean? It’s talking about going in and getting that bond and you have to have the CUSIP number to identify the bond. As soon as you identify the CUSIP number, you can go fish and bring the fish back from the sea on to the dry land, where you can deal with it, am I correct?

Jean: Well, they are using the 141 of Title 26. Private debt instrument.

Jeff: Yeah, and once you get it up on dry land you can deal with it, you know.

Jean: Yeah, you have to make them pay the tax, cause they don't have a bond.

Jeff: No, you have to give them a 1099 A or B or C. I don’t know which one.

Jean: Well you have to do an OID, because they don’t have a bond on it. They are using you as the original issue discount.

Jeff: They are trying to use your exemption.

Jean: Well, your exclusion, yeah.

Jeff: And that is why you have to turn the tables on them, and one of these forms turns the tables on them, but I am not sure exactly which one.

Jean: Do a margin call. Do you know what a margin call is? Okay, when you trade on the commodity exchange, they are called “puts’ and “calls.” A put is a sell and and a call is a buy. And they buy things on margin, which means that the trader will give him 50% credit. And if they go over that credit, he does a margin call on them. Which means they have to come up with the rest of the

money, which is why they make you put a bond on it. What you are doing is indemnifying their claim. But they have a tax claim, because they have not registered the security, so there is no bond in place. So go read 2032 E 11. You have to put a bond up with the Secretary of the Treasury’s office, for a capital transfer tax. Which they haven’t paid.

Jeff: So when you make your one phone call, what it actually means is, you are going back to the market, and telling them to call in the security, are you not?

Jean: Right. That means they have to put the funds up. They have to release you, they are holding you for collateral of the funds.

Jeff: That’s right. And they are actually using your exclusion, which is your social security number, they are using that in order to keep you in bondage.

Jean: You want them to file a 1099 OID, to identify who the payor is on the funds, and who the recipient of the funds is. Tell them that. You want you see how fast they will get you out of there?

Jeff: Right, because the recipient on the funds would have to be you. Because you are the bank, and everything has to come back thru you, thru the source.

Jean: Well, no, you are not the recipient, you are the payor.

Jeff: Would you not be the payor and the recipient?

Jean: Well, they are the recipient of the funds, that is why they have the tax liabilitiy. They are the transferee.

Jeff: Oh, So this would keep you from doing any type of argument, or any kind of filings into that court.

Jean: Tell them you are not doing anything till they prove their claim. That is a margin call. Ask them to produce the 1099 OID, you are doing a margin call. They have to identify where the source of the funds are, and if they are not the source of the funds, they have to release you.

Jeff: Right, and either way they have to release you. One way you make an offer to settle the claim, and they refused it, which means a debt tendered and refused is a debt paid, either way, they have to release you.

Jean: Yep!

Jeff: That is what I thought. Okay. Very good you answered my question.

Angela: Thanks Jeff. Okay, next we have Hi Beautiful Five.

HBF: I have question on writing a letter on a closed checking account.

Jean: Yeah? You have to do an electronic transfer if you do it on a closed account.

HBF: Yes that is what we did, and electronic transfer and we paid off a mortgage for our son and the mortgage was paid off and he is all worried that something is going to happen, come back on him, or he will have issues with it.

Jean: Well, you have to understand what you are doing. I did that with Walmart. I did a closed account check and they said the check was bad, and I said then give me the check back. They wouldn’t give me the check back, so I gave them another one. And the guy did a bill of exchange and their legal department called me up; he said “how do we settle this?” I said I gave you a bill of exchange, so settle and close the account. I am authorizing you to settle and close the account. He said, “okay.” So he did.

HBF: Okay the mortgage company sent them a $4,400.00 check that was remaining in their escrow account, and said that the account had been paid, or rather that the loan had been paid off.

Jean: Yeah, well thats your proof. He has nothing to worry about, unless they want to double-dip. Sometimes, they will do that. They are making another charge to your account. They figure if they can get one payment out of you, they can get another one.

HBF: Now they can’t come back on us either, can they?

Jean: Well, these people do whatever they want, it is a free-for-all.

HBF: Right. And on the back when we endorse it, we put not for deposit, EFC only for discharge of debt, appointed as authorized representative without recourse.

Jean: And if you don’t put that down there, they’ll try to double dip, go in there and try to deposit it, and then the check will bounce. You cannot deposit an electronic transfer check.

HBF: Right, we have had a few cases where that has happened, where they tried to deposit, and it bounced, and they go it is an EFT. And they act like they don’t know what it is.

Jean: Tell them to read Title 15, Section 7001-7006. That is the Uniform Electronic Transfer Act. And the Uniform Electronic Signature Act.

HBF: Okay, is that Title 15?

Jean: Yeah, 1-108 of the UCC Code. That’s why these crated mirrors, mortgage electronic registration system. They do an electronic transfer, and electronic transfer, on a non negotiable, that is why all these loans are non negotiable instruments. That is what the Universal Electronic Transfer Act controls. Because it is not controlled by Article 3. If it is a negotiable instrument, it controlled by Article 8, not by the UETA.

HBF: Okay, how would we enforce that? If they don’t accept it.

Jean: Well,, you mean if they send you the check back?

HBF: They make another presentment.

Jean: Well, do a conditional acceptance on proof of claim. Where do they get the authority to make another presentment? Do a conditional acceptance on proof of claim. Make them prove up their authority to make another presentment, when you have just charged the existing one. That is how you use conditional acceptance to get rid of your liability. And people are not doing that.

Jean: Sign up for my class on Tuesday nights. I go into that in detail.

HBF: Okay. What about places that say they don’t accept the EFTs?

Jean: They do. Who says they don’t accept it? UATA,s have been put into the UCC, 1-108. Tell them to go read the UCC. And go read the Title 15, Subsection 7001-7006.

HBF: Okay, we haven’t read that, I’ve gone thru a lot of the UCC stuff.

Jean: Read those two sections. Sign up for my class on Tuesday nights. I go into that in detail.

Angela: Thank you. Okay we are going to move along, we have Cleveland with a question, go ahead Cleveland.

Cleveland: Jean, you mentioned, when you were on a talk show about a week or two ago, using a constructive trust along with the executor letter? And I was wondering if you can go into how you put the constructive trust together, how it was worded, or an example of that on your Tuesday class?

Jean: Okay, a constructive trust is what a Court of Equity uses to give restitution or reimbursement to a plaintiff that they are not entitled to. I have a complaint that was done by Jessee Kamakurin, it is a RICO complaint, she put a constructive trust in the complaint, and you can do one.That is how a Court of Equity gives restitution to a plaintiff, when the person who they are doing a constructive complaint against, is in possession of money that they are not entitled to. That is how you get restitution and reimbursement. That is what the purpose and function of a constructive trust is .Every time you go into court, and they bring a claim against you, and there is another plaintiff involved, they are using a constructive trust in equity. So what I do, is appoint the judge as a trustee, and I make him liable for all the taxes and they drop the case.

Cleveland: When you appoint the judge, that is part of the constructive trust?

Jean: Right, and you have the power of appointment under the Power of Appointment Act of 1951 because you are the donor. The donor has that power because it is a Class 5 Gift and Estate Tax, he has total control of the power of appointment. And they have to accept it. Read 2030 A, and 2514 of the Title 26. That is the Power Of Appointment Act under Title 26., it was passed in 1951.

Cleveland: So from your purvue, you are using the constructive trust as an enforcement that would work with the executive letters. In cases where judges, gloss over and keep moving on.

Jean: Yes it would. That is what David Clarence has missing from his executor’s letter. You have the power of appointment. You can appoint anybody. You are the holder of the power of appointment. Why? Because everything is a Class 5 Gift and Estate Tax. And the donor controls it all.

Cleveland: Okay, can that constructive trust also work, on a previous call where you went into claim the property, was that property an eviction situation? When you said you went in to claim the property?

Jean: People deeded me the property, gave me a grant deed. They abandoned the property, this was three years ago, I still have the property. They tried to do an unlawful detainer, they tried to do everything. I “clothes-lined” them.

Cleveland: Now when they put the unlawful detainer in, that is when, you do a conditional acceptance, or a constructive trust?

Jean: Yeah, I did a constructive trust, I did affirmative defenses. They didn’t have the authority to conduct a sale. Did you know that 50% of the owners of the notes have to be certified before they can do a substitution of trustee? Go read 2934 of the California Civil Code.

Cleveland: Okay, well you know, the letter that you read on the previous call with David.

Jean: I wrote that for a $60,000 car loan. The judge took the case off the calendar. Well it was all in California, 3305, which is 3301, 3303 and 3309. You have to be a holder. They are not a holder in due course because a note is a non-negotiable instrument. They took it subject to all your defenses and claims so if I do defenses and claims what are they going to do? They can’t foreclose on the property.

Cleveland: Hmmm., three years huh?

Jean: I still have it; I will have it three years from now. I think the office is vacant, I think the donor has the power of appointment. Go appoint yourself the executor. Under 2038 and 2514 of Title 26, I am appointing myself a special occupant of the legal estate of the decedent by absolute estate. That is the donor beneficiary of this trust, you can call it a constructive trust if you want. I am appointing myself, I am claiming the office of the special occupant of the legal estate. It is not a legal estate, because there is no executor. You know what an intestate is? When an estate has no heir or beneficiary. That is why these judges are doing these constructive trusts in equity. And giving restitution and reimbursement to the plaintiff to the lender or rather the servicing company. There is no beneficiary or heir. You are the heir and beneficiary of the estate and you are not stepping up to the plate and you are striking out. That is why you are not winning in court.

Cleveland: Once you have established a trust, there is no need to go after bonds as enforcement.

Jean: No that is a waste of time. Make them liable for the tax. Actual termination. I am appointing myself the donor as the executor of the estate. And I am making occupant of the legal estate of the decedent by absolute estate. That is the donor beneficiary of this trust, you can call it a constructive trust if you want.

Cleveland: And because you are the occupant of the executive office.

Jean: Right. I am claiming the executive of the legal estate of the decedent. That is what is missing on David’s letter.

Cleveland: Because you cannot make that appointment as the grantor, can you?

Jean: No, you have to do it as the donor. Because the donor has, I looked this up, I will go into this in my class and show you the authority for it. You have total power and you are not using it.

Cleveland: Well, I like the fact that you bring in Title 26, 2514 and the other was 2038 and I am going to study but, you bring it in.

Jean: I have the original statutes where they passed it, public law. They passed that in 1951.

Cleveland: What is your stance on the Jeanral post, if the Jeanral post is being ignored? I know we are sending in letters to the Postmaster Jeanral or Postal Inspector. But if the Jeanral post is being ignored, do you use the Jeanral post with your executor letter of process or?

Jean: Thank them and send them home without any porridge. You have to show them whose boss. You know what the bottom line is? If you don’t know what your rights are, you don’t have any. And do you know what rights are under the UCC 1-201? Rights are Remedies. If you don't know your rights you don't have any. That is why most people are not winning in court. Remember when it involves real property, you have to be in a land court. None of these courts are land courts. Challenge subject matter jurisdiction. If the real party of interest is not before the court, can the court make a ruling?

Cleveland: Are you saying most foreclosures are in the wrong venue because it is not a land court?

Jean: What is your first clue? Venue, you are in improper venue. And you know where they are getting subject matter jurisdiction by contract, because you are contracting with them. Go in there and say I am here under special appearance on proof of claim. I will conditionally accept your offer to move forward on this case on proof that this is a court of record and that this is a land court that has jurisdiction and venue under the constitution to litigate land cases, which is what a foreclosure is. None of these courts have jurisdiction to foreclose on anybody’s property. They are doing it by contract because you are going in there waiving jurisdiction, you can’t waive subject matter, but you are not raising subject matter jurisdiction. I have all the documentation on this. Do you know who Donna Baran is? I spent two hours on the phone with her this morning. If you sign up for my class, I'll give you a copy. They took this off the internet because of the impact this will have. This is in Volume 34, let me give you the site. This is abolishing local action rules. First step towards modernizing jurisdiction and venue in Tennessee. These people do not have venue to foreclose on anyone’s property because they are not land courts. There is about 100 cases in here, this is a law review, 60 pages long. Let me give you this case site. You can pull this off the internet. Ponzi vs Fessenden and it is 258 US 254. You can download off the internet, but I have the annotated. It says that a court has dual jurisdiction, two jurisdictions. Let me read this to you, I will quote it to you right out of the case. “We live in the jurisdiction of two sovereignties, each having it’s own system of courts to declare and enforce it laws in common territory. It would be impossible for such courts to fulfill their respective functions without embarrassing conflict unless rules were adopted by them to avoid it. The people for whose benefit these two systems are maintained are deeply interested that each system be affective and uninhibited in it’s vindication of it’s laws. The situation requires therefore definite rules fixing the powers of the courts in case of jurisdiction over the same persons and things and actual litigation but also a spirit of reciprocal commodity and mutual assistance promote due and orderly procedure.” You have a dual jurisdiction. Listen to this. “The chief rule which preserves our two systems of courts from actual conflict of jurisdiction is that the court which first takes subject matter of the litigation into it’s control, whether this be person or property, must be permitted to exhaust it’s remedy to attain which is assumed control before the other courts attempt to take it for it’s purpose.” The principle is stated by Justice Mathews in Covel vs Haymen. So which ever court, even if the court does not have subject matter jurisdiction, if they take control of it by you contracting with them, then you have to exhaust that litigation, but if you challenge subject matter jurisdiction, then they have to prove it.

Cleveland: That is powerful.

Jean: And in Florida, it is the County Court. Every state constitution has a senate and a county court, which is called a land court. Only the land court has venue over foreclosures. None of these courts that are foreclosing on these properties has venue. And nobody is challenging venue.

Cleveland: When you say county courts, you mean like, for example, Carl Harvey County. Would that be the court?

Jean: It is the court of common pleas.

Cleveland: Well they are doing it right here, as that is where they are foreclosing, the court of common pleas.

Jean: And in Florida, it is the County Court. Every state constitution has a senate and a county court, which is called a land court. Only the land court has venue over foreclosures. None of these courts that are foreclosing on these properties has venue. And nobody is challenging venue.

Jean: Go look at your Constitution. I have not read Ohio’s constitution. Where does it say it in the constitution? See where the jurisdiction is conferred on them to do foreclosures. Challenge venue, not jurisdiction. Venue.

Cleveland: If that is the case, and someone has lost their home, they can go right back in there on these same issues, can’t they?

Jean: You bet. You can get a void judgment? Void on their face because the courts lacks subject matter jurisdiction. In California that is 473 D of the California Civil Code. California because of the population has a separate civil code and they have a Code of Civil Procedure and I know every section in it.

Cleveland: California is really…

Jean: They are getting away with murder as people don’t read the statutes and they are not challenging venue. They are going in there and contracting with people.----don’t contract with them. That is how they get jurisdiction. They do it by consent. The judge tries to get you to consent. What are you doing when you testify?

Cleveland: If you return the papers within the 72 hours, because there are times when they don’t get a service for example and they will still try to proceed and get a judgment without even giving service.

Jean: Yeah, they can’t do that if you challenge venue. They don’t have venue. I don’t know anybody that has raised venue.

Cleveland: Hmmm. I hear the jurisdiction thing, but you are coming in with venue, you know.

Jean: Venue is more important than jurisdiction.

Cleveland: That is powerful; I am going to check the Ohio Constitution.

Jean: Yes, because it will tell you. Let me read the etymology dictionary and look up the definition. I am going to look up the word venue and read what it says. Venue: early 14c., "a coming for the purpose of attack," from O.Fr. venue "coming," from fem. pp. of venir "to come," from L. venire "to come," from PIE base *gwa- "to go, come" (cf. O.E. cuman "to come;" see come). The sense of "place where a case in law is tried" is first recorded 1530s. Extended to locality in Jeanral, especially "site of a concert or sporting event" (1857). Change of Venue: early 14c., "a coming for the purpose of attack," from O.Fr. Venue "coming," from fem. pp. of venir "to come," from L. venire "to come," from PIE base *gwa- "to go, come" (cf. O.E. cuman "to come;" see come). The sense of "place where a case in law is tried" is first recorded 1530s. Extended to locality in Jeanral, especially "site of a concert or sporting event" (1857). Change of venue is from Blackstone (1768). And he uses the word “come”, so that means to approach land, to “come”, come to one’s self, recover, arrive, assemble, to go from, to come, he goes to be born, substitution of “o” for “u” is scribal change

before minimums. Originally munuk some, modern past tense from cain, is middle English probably from the old noun, productive with verbs. See how important this is? See venue means land. And only a court that has venue over land has jurisdiction. Do you know anyone who has ever raised venue?

Cleveland: I know you mentioned earlier, you don’t go in waiving any of your rights and you go in as special appearance.

Jean: Yeah. No consent. It works, too. You have to stand your ground.

Angela: Thank you so much. Okay, we have a few more. California, go head California.

Dallas:I have a couple of questions, I actually have a DVD of you from a couple of years ago that I have looked at a couple of times. But, the same thing I heard back then is the same thing I am hearing now. That is telling me what you are saying is accurate and something I appreciate. My question is regarding the 8281 form, and a friend kinda got into trouble, he listened to someone, and he was using a 1099 OID, and got a fairly decent check, a little under $200,000, paid a bunch of bills, got a lot of things done and then the IRS came back after him. And so he has been thru District Court, down in San Diego.

Jean: They want to find out if you know what you are doing.

Dallas: What they are attempting to due is force the summons on him for his books and records, and what do you do now as he is doing an appeal. But I was looking at the form 8281, regards to Part 2.

Jean: File a 4490, ask them where their claim is?

Dallas: Oh, so the Proof of Claim.

Jean: Yeah, make them prove their claim, the IRS.

Dallas: Okay, wouldn’t he need to do a 8281 since he did a 1099 OID?

Jean: Well, I would make them prove up their claim, even though he didn’t file the 8281. No proof of claim.

Dallas: Okay, that is IRS form 4490.

Jean: Yeah.

Dallas: Okay, because what they are attempting to do right now is to do coercive tactics to get him into prison, because he is doing his appeal, and everything he has done thus far is based in pure law and so they have made a tremendous amount of errors, I mean all kind of errors. I can’t believe they are that stupid.

Jean: Well, maybe they are not stupid, they know what they are doing.

Dallas: They are just rolling over him, they don’t care. They don’t read anything he has submitted and they just are rolling over him. The judge is writing orders, you know, what the US attorney is telling him to write. And so this proof of claim is what needs to be sent directly to the IRS? Is the address on the 4490?

Jean: I believe it is, yeah.

Dallas: Okay, so it is to be send to that address and not to the US attorney then?

Jean: I would give a copy of it to the US attorney.

Dallas: Ok, so they can get a copy that way. Okay and so his doing an 8281 is not an issue right now.

Jean: Yeah, make them prove up their claim, where do they have a claim to invalidate his 1099 OID? Go look at the 4490. Read it.

Dallas: Is there a publication for the 4490 that explains a lot of it?

Jean: Yeah, I believe there is. I will pull it up here. Yeah, it is form 4490, Proof of Claim for Internal Revenue Taxes. It says the undersigned officer of the IRS, a dully authorized agent of the United States, in this behalf being duly sworn deposes as said, he has to put his name here, is justly and truly debted to the United States in the amount of, with interest and penalty joined.’’ it says, in the Internal Revenue Manual, 5.5.4, Proof of Claim Procedures. So here is the practice manual on it. It says use form 4490 Proof of Claim for Internal Revenue Taxes when filing a claim in probate or non bankruptcy insolvency proceedings.

Dallas: It is like you talked about earlier, they did file a Notice of Federal Tax Lien against him, and it wasn’t the tax, I see it here, the kind of tax period, section 1040 for the estate tax. I am familiar with what you are talking about under

document 6209, for the tax classified, estate and gift tax.

Jean: Yeah, tax on farm property.

Dallas: And I didn’t know what the definition of “farm” was until you explained it to me. Not that it makes sense to me.

Jean: It is an alternative valuation on the decedent’s estate.

Dallas: Alright, under 2032 A valuation.

Jean: It is a valuation on a carryover basis.

Dallas: Yes, you know the one thing I mentioned too, that we are doing is, I know because it has happened to me before, and I know I pulled up a private transcript. And in the transcript, it actually shows that in there. That the designee, it says executor and shows the carry over basis in there.

Jean: Yeah, appoint them the executor.

Dallas: That is just for him, so I guess the tax for the 4490 would be the…..

Jean: Send them a letter, telling them under 2038 and 2514, under the Power of Appointment Act of 1951, that you are appointing them, the IRS, the executor of the decedent. Now they have to pay all the taxes.

Dallas: As an executor? Oh, appoint them, the IRS as executor, not him. He would not be the executor.

Angela: Okay, whoever is the executor has to pay the tax, right Jean?

Jean: Right, go read 2002.

Dallas: Okay, so you appoint the executor the IRS. Wouldn’t you want to appoint the judge as executor?

Jean: Yeah, you could appoint the judge, he would run out of the courtroom.

Dallas: Years ago, when the redemption process started, with Roger Elvick, Ron Ludson, and those guys I was in there training. I was the first one to go into court, and in LA County, and to do all this stuff, I got arrested in there. But when, this was in Riverside County, I went to LA County, I accepted for value what the judge said, I did not know why he ran out of court, I didn’t know why, but he got up and ran out. Now I know why he ran out from what you are explaining, I guess he didn’t know that I didn’t know with what I was doing. I just said I accept it for value, as an audio recording of a court record. And he actually got up and ran out and pointed to people to meet him in the chambers.

Jean: Go read this manual, 5.5.4.1. : It talks about Form 10492, Notice of Federal Taxes Due. Under 31 USC 37.13.

Dallas: Let me ask a question here, okay. I have a case right now, I don’t have a driver’s license and this in Long Beach, California. I have been back and forth to the court and I am not stipulated for commission, I want to go into Court of Record with the judge, but the commissioner has not been there for me to approach him, and they just don’t know what to do. There are attorneys that are there temporarily, but would going into the Court of Record and appointing the judge, what would that do?

Jean: You could do that orally. You need to download the Uniform Trust Code of 2005, Section 406 and 407 tell you how to do an oral appointment. You can form a trust orally.

Dallas: So I can appoint a judge there, judiciary or executive or what ever, and this is just a traffic ticket because I don’t have a driver’s license. It is a misdemeanor case.

Jean: Just say you have the power of appointment under the Power of Appointment Act of 1951, under sections 2038 and 2514 of Title 26, as the donor and beneficiary of record, you are appointing the judge the executor of the legal estate of the decedent.

Dallas: And I didn’t know until you mentioned that, that’s what 11 years ago when I did that in LA, that the judge ran out, because he thought I was going to appoint him.

Jean: Yeah.

Dallas: Because what he did was, said if you walk out of my court room, I am going to remand you to custody and put a $50,000 bail on you. So I accepted it for value, and he got up and ran out, maybe I guess he thought he was going to have to pay tax on the $50,000.

Jean: Yeah, I’ll conditionally accept your offer to post $50,000 on proof of claim, that you have the authority to make a presentment.

Dallas: That makes sense. When I saw your DVD, it was the most precise explanation of the commercial process I've since 1999. I hunted you down, I couldn’t find you and now that I know you have a Tuesday class, I will be there.

Jean: Yeah, I have been successful every time. You know this house I have that I took over? I did a hostile takeover on it. The attorney, they represent Hawthorne Estates, because it is a gated community. They sent me a $3,000 property tax bill, and I did a contention and sent them a letter and I never heard from them again.

Dallas: You know, I did close to that. Okay and I still didn’t know what I was doing, but I heard someone ask about closed account checks.

Jean: Did you know that California is not a state? California is a territory.

Why do you think they are doing all these foreclosures? Did you know that California was never properly seeded to the United States under the Treaty of Guadalupe Hidalgo?

Dallas: So it is still a territory?

Jean: Yeah! Did you know they changed Article 9 and Article 6 and Article 8 and Article 10, that all Mexicans were to be made American citizens under the treaty, they took that section out? They were to be granted all their land grants, they took that section out. They changed the whole treaty without the permission of President Polk. Nicolas Trist did this under contract with the Senate, without the approval of the President, so it is not valid. President has to approve all treaties. So none of these courts have jurisdiction to do anything.

Dallas: None, what so ever.

Jean: The real party of interest is the President of Mexico. Download the Treaty of Guadalupe Hidalgo, wish I had time to go into it. I go into this in my classes. Dallas: My last question, someone mentioned a closed account check, and I wanted to see if that was something with the clerk or something else. I used a closed account check with the court in Riverside, California and it was for the fine, once they convicted me, I didn’t know what I was doing, it was my first time going thru the redemption process, and they fined me $2150.00. They kept sending me the bill saying they were the creditor; they were my creditor on every bill they sent me. They said if I didn’t come in and pay the bill, that they would send out a warrant for my arrest, so I went and it was the Pro Tem, and the commissioners and the judges that knew me there, because I was there every other day for a year, but they were not there. And the Pro Tem did not know why he was there. When he said all I had to do was pay it, by cash or check. I said, okay I will pay by check. I gave him a closed account check, went

down to the clerk, paid on the closed account check, wrote whatever I needed to write on there and that was it. About a month later, they said I needed to go and talk with financial services. When I went to talk with them, they said I needed to pay the balance, I said, “you are paid, I don’t owe anything, don’t bother me.” And I left. I kept looking on the internet as they said they were going to file a warrant for my arrest, nothing ever happened, they voided it out. What did that mean, they “voided it out?” I have never heard from them since.

Jean: They voided the judgment.

Dallas: So they voided it with a closed account check.

Jean: That is what you can do under 473 D, on all these unlawful detainers. They are void judgments on their face, because they never had the authority. Ask them if they have 50% of the certification of the acknowledgement of the owners of the note? And who are the owners of the notes? Or the securities that they are foreclosing on. Ask them if they are a holder in due course. Ask if them if they took it subject to the defenses and claims that the payor could assert against the payee? Isn’t that true under 16 CFR of the Federal Trade Commission 433.2, they took it subject to all the defenses and claims of the payor could assert against the payee? Yes or no?

Dallas: Well, thank you very much Jean, thank you Angela.

Angela: Thank you Dallas,. Okay, Oregon, do you have a question for Jean?

Oregon: Could you repeat the last DFR that you mentioned?

Jean: YM16, 433.2 of the Code of Federal Regulations. Go into the electronic, type in electronic Code of Federal Regulations.

Oregon: That is where the electronic signature is right?

Jean: That is the disclaimer, are you talking about the UATA?

Oregon: Isn’t that YM 16 of the CFR?

Jean: No, 16 CFR is the disclaimer; you take it subject to all defenses and claims. You should ask them that when you go into all these venues, say, “do you take this subject to all my defenses and claims?” Well, here is my defenses

and claims. Watch them cringe. Tell them you want your proceeds from the sale of the security.

Oregon: Where’s the check?

Jean: Yeah, where’s the check?

Jean: I have one of these forms filled out, these 4490 forms. I found one that was filled out and I am going to save to my computer. This was for a bankruptcy court. Yeah, they actually filled this out and filed it with the court. It says the District Court of the District of Colorado, receivership.

Angela: Okay, thanks. We have Belove, do you have a question?

Belove: I was growing medical marijuana and I had the cards and patients and they took my harvest and my safe that had $30,000 of gold coins and they confiscated my car. I ended up having to hire an attorney, but how would I have been able to get my things back?

Jean: Who is “they?”

Belove: The Drug Enforcement Code.

Jean: Well do a 4490 on them, Proof of Claim. You didn’t lay claim to it so it is abandoned property. Go read mitigation; did they do it under Title 18? Section 91, 92, 93?

Belove: I don’t know what they did it under, under the Health Code.

Jean: It is a forfeiture.

Belove: Yes, that was the big thing. There was 20 days to post bond, and they kept my bond money, too.

Jean: They do it under Supplemental Rule C. You didn’t file an endren complaint laying claim to the property to mitigate it, so laying claim to the property. They take it laying claim to the property and they take the proceeds. It is abandoned property.

Belove: I didn’t abandon it, I put up the bond money and my attorney negotiated it, it is too late to do anything now, but I want to know what I should have done.

Jean: You should have never hired an attorney.

Belove: Yes, they are in bed together. How do I sign up for your class?

Jean: You have to email Toby.butterworth@skype. Angela has it on her website, how to sign up.

Angela: You are welcome, and in the right upper portion, says Jean Keating, about tonight’s call, click on that it will take you to a page, and will show you Toby’s name at skype4, and also the PayPal addresss. It's not difficult! Moving on. Hi, Teresa! Do you have a question for Jean? Teresa: Jean, you are a wonderful teacher, I heard a tape from you from years ago somebody forwarded it to me. And you are just the best teacher on the planet, as far as I am concerned. I have heard a lot of teachers, you really are dynamite. I am so honored and pleased to hear you tonight and be able to talk to you and to hear all. I have listened to a lot of bad advice I guess, it started out when I was into Winston Shrout’s coaches that I paid for to do the OID part, and that ended up in a tax lien of a 100% since last May and wouldn’t you know Winston doesn’t teach that any more, the damage is done and the coaches that charged that money should have come back and show how to undo the damages. No one stepped up to the plate, just recently David Clarence told me that I could write some checks on an open account, and the bank ended up closing the account. One of the checks that I wrote, after I tried to call David back, he decided to no longer answer his phone anymore. That was him not stepping up to the plate, too. But I got a medical bill for $324.00 and wrote a negative check for that one, and now the medical place saying that I had to pay the $324.00 plus a $20.00

bounce fee. If I didn’t pay it with 5 days, they were going to send the police to my house. So, I have listened to all the wrong people, and I am so grateful you have this class coming up. $25.00 is affordable and something I can do, and I am not listening to any of these people anymore. You are wonderful and thank you.

Teresa: What can you tell me about these backward checks? I don’t want the police showing up to my house. And I have an IRS 100% lien anyway, I thought maybe I would write back to them, and tell them they are not going to get anything from me, because not matter where I work, I can’t give them anything.

Jean: Use the bill as a check. Pay to the order of. Do they have an amount on the bill?

Teresa: It is not a even a bill, it is a letter written saying that they are going to send the police after me?

Jean: Do they have an amount on the bill?

Teresa: It is written in the letter form, yes, $324.00, or something like that. Jean: Do a Pay to the Order of. It is a bill, or a bull in ecclesiastical law. I am not kidding you. That is where bill comes from, from bull, a Papal Bull. Endorse it for payment, say “Pay To The Order of” Department of Treasury, and charge it to whoever sent you the bill. Say credit to the memory of my account and put your social security number on there. I did it with an $80,000 judgment against the court. Never heard from them again.

Teresa: And do I write that slanted across the page in red ink?

Jean: Sign in red ink. Never sign anything in blue ink. And make sure you are the last signature on the page. Never do anything in blue ink.

Angela: Why not?

Jean: Yeah, that’s why in ancient times, they used to prick their finger, they would take the quill, put the blood on their finger and sign it in blood, red. That is the sign of a live man. A dead man can’t, if you sign it in blue ink, you are a dead man.

Teresa: What can you tell me about these backward checks? I don’t want the police showing up to my house. And I have an IRS 100% lien anyway, I thought maybe I would write back to them, and tell them they are not going to get anything from me, because no matter where I work, I can’t give them anything. Jean: You have to read this letter I sent to the District Court. And everything has to be in red ink, and has to be the last signature. What people do is when they notarize something they put the notary after their signature. The only signature they see. Last in time is first in line. Your signature has to be the last signature. That is why you turn it over and sign it on the bottom back corner of the last page, so they can’t sign anything after your signature. And you want to do it in red ink. Red ink. I can show you a practice manual that says every document must be signed in red ink. So what is the difference, sign it in red ink and watch the difference.

Teresa: So Pay to the Order of the Department of Treasury and charge it to the medical facility?

Jean: Charge it to the account of the medical facility, and write their account number there, the account number is the bill number.

Teresa: Charge to the account….

Jean: Put the name, do a W-9 on them, you will see how fast, all you will see is two elbows and a fanny going down the street. I laugh at these people. None of them bother me any more. I bet I have written over two dozen letters and I never hear from them again.

Teresa: So I could just do the W-9, without the Pay to the Order Of? Or what?

Jean: Yeah, I would do a Pay to the Order Of, and ask for their taxpayer identification number and tell them you want to see the 1099 OID to identify the source of the funds. Or you can do a conditional acceptance on proof of claim. I want to see the 1099 OID that identifies you as the source of funds as the payor.

Teresa: Excellent. Identifies me as the funder?

Jean: Identifies them as the funder, they are sending you the bill, if they are not the source of the funds, what are they sending you a bill for?

Teresa: Uh, huh.

Jean: Tell them to send you a check for the funds that you gave them. You funded them. Tell them that the instant that you get the OID, tell them to send you the OID that identifies them as the source of the funds. And that you are the recipient, and you will write them out a check, and you will never hear from them again. Tell them if they do not send you the OID, you will file one with the IRS showing them that they are the recipient of the funds. You know what that is? That is what they call a margin call. That is what I did on this judge. I did a margin call, send me a 1099 OID that shows you as the source of the funds.

Teresa: Then, I should write, if you do send me this…..

Jean: The reason they have to send you the 1099 OID, is that shows you as the owner of the tax.

Teresa: Yeah, I understand that.

Jean: So, if you are not the recipient of those funds, then you don’t own the money do you?

Jean: Then tell them to go fly a kite. Tell them if they don’t do it, you are going to do it and then you are going to sic the IRS on them. How do you like me now? Know the truth and the truth will set you free.

Teresa: Excellent. Thank you, thank you so much, I feel so much better, thank you Angela. You both are so wonderful.

New York: This is my first call. How do you deal with an IRS levy?

Jean: A levy is a secret lien. When they bring a claim, do a 4490 on them. Tell them to prove up their claim. They are dipping into your account just like you, if they have a levy on you, tell them to send you a bill and do a pay order, money order on it.

New York: What they are doing is levying my pension.

Jean: Tell them to send you a bill. Do you have a bill from them for the amount of the tax?

New York: Yeah, with penalty and interest, they claim I owe hundreds of thousands of dollars.

Jean: Well, do a pay to the order of. And then charge it to their account, and credit the memory of your account. File a 1099 OID on them. Claiming them the recipient of the funds. showing the IRS as the recipient of the funds.

New York: 1099 OID.

Jean: When have you seen anyone access the IRS a tax?

Angela: Never.

Jean: Well, they are sending you a bill aren’t they?

Angela: How would you do that Jean? How would you bill them for the tax?

Jean: Send them a bill. Do a money order. That’s how you do it. Take the bill and do a money order. That is assessing the tax, now they either have to pay the tax, tell them you are going to file an OID on them. File the OID on them, show then as the recipient of the funds.

New York: What is a 4490, Jean?

Jean: Go read the Internal Revenue Manual, 5.5.1, and 5.5.4.1. There are two manuals here. Proof of Claim procedures in decedent and non bankruptcy insolvency cases. This is an insolvency case, because you are dealing with a dead person. And then read 3128, Title 31. And 3113, and that is proof they can draw on the payment and get the payment for the estate.

New York: Where can I get an IRS manual from? To look at all the codes an statutes and everything?

Jean: You can get it right off line. Go to Cornell Law, they have Title 26 in there.

New York: Can I buy the manual outright from somewhere?

Jean: Yeah, you can buy it from Westlaw, www.westlaw.com .They have the Internal Revenue Code of 1986.

Jean: You can probably get it real cheap. Get it in paperback.

Angela: Ok, great. Dave, go ahead. Hey, Dave.

Dave: I have got a question and don’t know if you have an answer but I have been asked so many times and I have discussed with some other researchers and that is the question about the possibility about going back and getting the money paid on credit cards in the past.

Jean: You can make a claim, yeah.

Dave: Do you think that is a viable claim that you can have a process to pursue? Personally, I have an American Express that I used to use and ran over $800,000 thru it.

Dave: That works for me. I am already signed up for Tuesday. That is all that I wanted to know.

Jean: The DTC owns both sides of the account, which is a security.

Dave: Very good, I think there are a lot of people out there that would be very interested in learning that process.

Jean: The DTC is a trust holding company, because you have not laid a claim to it, under Article 8.

Dave: Better late than never.

Jean: Amen.

Angela: Thank you Dave. Okay, our last one.

Jame1234, did you have a question before we wrap it up?

Jame1234: Can you fill out a process to get rid of a fine that was assessed as part of being convicted on a fraudulent frame-up, and they assessed a $14,000 fine and of which I made a couple of payments and I could not pay any more payments. I got a letter that the payments were suspended, they were trying to pull me back into the system, I said I didn’t want to contract anymore and I refused to sign some other paperwork and now they are telling me I will be

locked up if I don’t pay $14,000.00.

Jean: Who is saying this?

Jame1234: The district court. The local attorney, the local judge that handles the case and the probation officer.

Jean: Tell them you want a 1099 OID. Tell them you conditionally accept his offer to pay the entire indebtedness on Proof of Claim.

Jame1234: What they are telling me is to pay it only with a postal money order.

Jean: Okay, ask them where they get the authority to tell you to pay with a specific instrument?

Jame1234: Okay,. Should I put this in writing and hand to them?

Jean: You should do a conditional acceptance on proof of claim. I could get rid of that in 30 minutes. You should come to the class and do a letter and get rid of it. I do one and it disappears.

Jame1234: That is wonderful. I understand you can remove a frameup charge from your record of the strawman?

Jean:Yes, expungement. You get an expungement.

Jame1234: Is that something that can be covered in a class or previously covered?

Jean: We have not gone into that previously, but I can show you how to do that.

Angela: I just put a link in the chat actually; I’ll put it on the website in the next day or so. Check the www.myprivateaudio.coom website and click on guest speakers up at the top and down at the bottom of the page is Jean’s information.

I guess that is a wrap, it’s been fun, you covered a lot of territory, I was surprised. You did real good Jean, thank you for staying on track and not going all over the place,. It was good and I am sure many of the participants and listeners will be joining up for your class.