living temple workshop notes
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Living Temple Workshop Notes
Brandon AdamsApril 20, 2010 Enforcement
Audios (9) and Documents: http://www.creditorsincommerce.com/audio-living-temple-2010-0.php
NOT!E"These !reditors in !ommerce Workshop #essions, hereinafter #essions, are the private e$change ofideas and concepts %et&een the 'roviders and the (ecipients) The content is not meant as legal advice) The
*se or attempted *se of an+ idea or proced*re disc*ssed in these sessions as applied to the (ecipients o&n
personal transactions, cases or controversies, or applied to other cases ma+ or ma+ not res*lt in a favora%le
o*tcome or the same o*tcome as is disc*ssed in these sessions) Each transition or transaction, case or
controvers+, ma+ %e different as a res*lt of *ni-*e actions or *ni-*e statements made %+ the parties therein,
and each different act or statement in an+ transaction affects or ma+ affect &hether an+ proced*re or idea
disc*ssed in this session is relevant to the recipients transaction or that the o*tcome thereof &ill %e depicted
as in these sessions) The disc*ssion of ideas or proced*res in these sessions is not e$ha*stive of the s*%.ect
%eing disc*ssed) /an+ ideas and concepts that can affect the o*tcome of an+ legal or commercial proced*re
are not disc*ssed in these sessions, and the fact that recipient ma+ not %e a&are of these iss*es ma+ have an
adverse effect on the o*tcome of recipients proced*re) t is the responsi%ilit+ of the (ecipients to *nderstand
their o&n transactions and to appl+ the appropriate and complete concepts necessar+ for a proced*ral and
s*%stantive remed+ thereto) These sessions ma+ %e redistri%*ted privatel+ %+ an+ (ecipient to another
(ecipient re-*esting them, conditional *pon the fact that this Notice is provided there&ith) f (ecipient has
an+ -*estions, !i! ma+ %e contacted %+ email at [email protected])
#ession 1 #pirit*al A&areness
#ession 2 Love ear
#ession #ec*red 'art+ !reditor 1
#ession 3 #ec*red 'art+ !reditor 2
#ession 4 Art of !o*nterclaim
#ession 5 #cience of Liens
#ession 6 Enforcement 'roced*res
#ession 7 Enforcement (evie&
#ession 8 Enforcement 9isc*ssion
#ession 1 #pirit*al A&areness
#ession 2 Love ear
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#ession #ec*red 'art+ !reditor 1
Documentation is not actuall! needed to "e a #ecured $art! %reditor. &t's not the documents that maeone an #$% or give one a paramount securit! interest however* the process o+ completing* +iling ande,ecuting proper documents will provide understanding o+ the #$% role. %reditors never have to use an!
documents in support o+ their standing as an #$%. A creditor is not here to mae positive statements ortr! to prove an!thing.
nder od's aw* do an! courts or corporations have a higher claim or interest than !ou* the ing orueen 3+ course not. 4ost o+ us have granted authorit! and securit! interest to others our whole li+e*"ut it is never too late to 5uit unnecessaril! doing these things.
%on+ess 6 avoid lie a 7udge as 5uestions negativel! aver and conditionall! accept. 8hen 7udgecon+esses 6 avoids with !ou* there is !our opportunit! to sa!: et the record show;
&s the instrument tendered +or seto++* settlement 6 closure o+ this account not su++icient to do so;et the record show that no one has o"7ected to or asserted positivel! that there is an!thing de+icient
with the instrument and that it is there"! su++icient +or seto++* settlement 6 closure o+ this account.;
8hen !ou enter the
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A private trust (>ame* notis A %A$#) in the pu"lic is de+ined as a natural person. @he pu"lic trust isa 7uristic person. >either o+ them are !ou.
@he trustee is the one who is responsi"le +or the actions o+ the trust. ou are the trustee o+ Bohn DoeBohn Doe is the trustee o+ the B3C> D3. As trustee* !ou're here to settle de"ts.
B3C> D3 is the charging side o+ the account Bohn Doe is the credit side o+ the account. ou have ane,emption and e,emption num"er (ssn without dashes) with the private trust. ou're the primar! interestholder in "oth trusts.
@he trustee o+ an! trust has the paramount securit! interest in the assets o+ the trust. @he trusteedetermines what and how things move in and out o+ the trust. @he trustee has legal title and controllinginterest.
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in redemption.' @his statement is su++icient to remove the authorit! and 7urisdiction +rom an! prosecutingattorne! or 7udge.;
@his has wored in several di++erent countr!'s courts.
@he presumption is that all the roles o+ the trust have "een a"andoned when the! tae control. =emindthem that !ou're the "ene+iciar! and delegate to the trustee.
Are !ou suggesting that &'m not the "ene+iciar!; -no response- 8ell* let the record show &s there an! evidence or testimon! re"utting that this is a constructive trust et the record show thatthere is no o"7ection to or re"uttal o+ the presumption that this is a trust and that & am the "ene+iciar!.;
@he! now have a +iduciar! responsi"ilit! under !our direction.
#till* as a trustee (creditor)* as long as there was no victim* !ou alread! had the power to settle the de"t.@he trustee o+ an! trust has the paramount securit! interest in the propert! (res) o+ the trust. A"ene+iciar! can onl! have e5uita"le interest.
(ame o+ the @rust.
%onstructive @rust I A trust imposed "! the court on e5uita"le grounds against one who has o"tainedpropert! "! wrongdoing* there"! preventing the wrong+ul holder +rom "eing un7ustl! enriched. #uch atrust creates no +iduciar! relationship. Also* termed implied trust; involuntary trust; trust de son tort;trust ex delicto; trust ex maleficio; remedial trust; trust in invitum. %+. resulting trust.
JA constructive trust is the +ormula through which the conscience o+ e5uit! +inds e,pression. 8hen propert! has "eenac5uired in such circumstances that the holder o+ the legal title ma! not in good conscience retain the "ene+icial interest*
e5uit! converts him into a trustee.JBeatty u. Guggenheim Exploration Co., 122 >.. KLM* KM0 (>.. 1919) (%ardoEo* B.).
J&t is sometimes said that when there are su++icient grounds +or imposing a constructive trust* the courtNconstructs a trust.N @he e,pression is* o+ course* a"surd. @he word NconstructiveN is derived +rom the ver" Nconstrue*N not +rom
the ver" Nconstruct.N ... @he court construes the circumstances in the sense that it e,plains or interprets them it does notconstruct them.J O Austin 8. #cott 6 8illiam F Fratcher* The Law of Trusts P Q2. (th ed. 19ML).
(
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#imple and e++ective:@@ Freedom #eminar: #$%* "onds* notes* counterclaims@@ n+orcement: di++erent uses o+ neg. aver. %ounterclaim "oth in court and in private matters
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4ae it a ha"it to mae multiple original copies o+ %erti+icates o+ #ervice (2) and >on-=esponse ().
8hen !ou present evidence to the court on the private side* such as the notar!'s record* it 5uali+ies as ane,ception to the hearsa! rule when it's an original veri+ied (wet notar! signature) record +rom a K rdpart!.
Apostilles move +rom one +oreign nation to another. $rivate capacit! veri+ication +rom* sa!* nited #tateso+ America to #tate o+ %ali+ornia. 2M#%29L. All #tates are +oreign nations to each other.
otar! $resentment o+ vidence nder #eal presents the record to Budge's %ham"ers =eg. 4ail* U21*etc. so that it goes in on the private side as authenticated record +rom a Krd$art!.
>otar! $u"lic not>otar! $resenter.
4ost liel!* the =ecord will "e the onl! +acts in an! case ? ever!thing else is most liel! 7ust allegation.
A "an is an!one who conducts "aning. our #trawman is a "an.
@@'s Freedom Docs #ection 1 esta"lish #$% #tatus and #tanding:
@@'s $ower o+ Attorne! grants $3A +rom the #@=A84A> to the #trawman. Bohn Doe is alread! thee,ecutive trustee o+ B3C> D3* so
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As a creditor* !ou ma! not want to resign !our role* "ut Form OQ ena"les !ou* i+ !ou want* to restructurethe pu"lic trust and designate a new "ene+iciar!(ies)* sa!* !our children or* the pu"lic* i.e. .#.* *%A>ADA* A#@=A&A* etc.* in which case* the .#. has onl! e5uita"le interest while !ou havecontrolling interest and the!'re accepting a "ene+it/ privilege +rom !ou* whether it's disclosed or not. Didan!one disclose to !ou that !ou were accepting "ene+its 6 privileges
@rust law doesn't re5uire that !ou disclose the nature or even the e,istence o+ the trust. >one o+ the"inding agreements one gets into "! accepting the "ene+its/ privileges need to "e disclosed.
100R (with endorsement on the "ac) is alwa!s sent in with an A+R or instrument to set o++ a de"t tocover an! +ees* penalties or interest associated with the set o++ o+ the de"t. @he! can e,ecute it "! writingin an! amount that the! deem necessar!. %ash can't "e created out o+ it it can 7ust set o++ de"t.
$reventing +oreclosure:1. A+R or pa!ment with >otice to #et 3++ Accounts through &=# @echnical #upport Division2. >otice to "an along with =e5uest =egarding #tatement o+ Account sa!ing U0 "alance.
1099-3&D: 4ae return go to !our @reasur! Direct Account (provide routing and account Hs) rather than
receive a chec. 8h! "e hal+ de"tor ame* address* phone must match (tda* "an* identit!)3therwise !ou'll have to get %erti+ication.
1.
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Alwa!s put a value on the %%-1* although !ou don't have to put a dollar amount on an #$%-De"torclaim* "ecause it is unlimited.
De"tor can terminate a %%-1 as long as it's agreed to in the private. otice o+ Fault (counterclaim) in+orming them that i+ the! do not cure their +ault that the! will "egranting and conve!ing to !ou speci+ic $3A to e,ecute an! and all documents on their "ehal+ to releasethe lien.
K. pon >on-=esponse* +ile a =elease o+ ien under their >ame as attorne!-in-+act.
>otice o+ =escission (a standard +orm* lie a #u"stitution o+ @rustee* >otice o+ @rustee #ale* >otice o+De+ault* etc.* recorded at the %ount!) a+ter a sale rescinds the sale and the de+ault.>otice o+ =escission a+ter de+ault "ut "e+ore the sale* it rescinds the de+ault then !ou su"stitute thetrustee and all the changes then !ou do the reconve!ance.
&+ the! (sa!* &=#) sa! the! need more time:ou can sa! that !our re5uest is denied on the grounds that !ou did not provide good cause.&+ good cause is given* it is still up to !ou whether !ou are going to grant additional time. &+ their e,cuseis insu++icient* !ou could conditionall! accept ? & conditionall! accept giving !ou the O da!s* "ut !oumust provide me with good cause ? what do !ou need +rom me speci+icall! and wh! do !ou need an
additional O da!s &+ !our response is received "! me within the ne,t 10 da!s and & +eel !our response issu++icient and merits additional time* then & will reward !ou with that. &+* however* & determine that it isnot su++icient* then* no* !ou do not get additional time and !ou are in de+ault.;
ver!thing is an o++er: counter with &'ll give !ou 1O da!s.;
90V o+ the time* nothing comes in O da!s* "ut !ou can still "e on top o+ it. suall! the! go into de+aulton their own o++er. 3n Da! Q* send them a >otice o+ De+ault.
#ession 4 Art of !o*nterclaim
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replaces the negative averment with a conditional acceptance. As e,ecutive trustee o+ the pu"lic trust* hepresumes that someone has a claim and o "ond means no responsi"ilit! and no power o+o++icial signature and no real* corporate political power and no privilege to operate statutes as thecorporate vehicle. @he corporate legal power is secondar! to commercial guarantors. %ase law is not aresponsi"le su"stitute +or a "ond. 4unicipal corporations* which incl. %ities* %ounties* #tates and
national governments have no commercial realit! without "onding o+ the entit! its vehicle* statutes andits e++ects the e,ecution o+ its rulings.
A++idavit o+ 3"ligation comes a+ter the &nternational %ommercial %laim is complete.
#peci+ic >egative Averment:3ne (o+ man!) points: @here is no evidence that the a++iant has prepared and +iled +alse and +rivolousincome ta, returns and/or amended ta, returns with the &=# and the A++iant "elieves no such evidencee,ists.;
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4ae sure that !ou address ever! single one o+ their points.
@@ maes positive statements in his negative averment otar! %erti+icate o+ #ervice (signed original on +ile).;
>ihil Dicit: >otice o+ Final Determination 6 Budgment
8hat is a su++icient response is de+ined at ever! step o+ the process.
#ession 5 #cience of Liens
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=espondeat #uperior I Saw atin Jlet the superior mae answerJT Torts. @he doctrine holding an emplo!er or principallia"le +or the emplo!eeNs or agentNs wrong+ul acts committed within the scope o+ the emplo!ment or agenc!. X Also termedmasterservant rule. #ee#%3$ 3F 4$34>@.
N4ost courts have made little or no e++ort to e,plain the result* and have taen re+uge in rather empt! phrases* such as Nhe who does a thing
through another does it himsel+*N or the endlessl! repeated +ormula o+ Yrespondeat superior*N which in itsel+ means nothing more
than Nloo to the man higher up.N J8. $age eeton et al.* TheLaw of Torts Q9* at O00 (Oth ed. 19M).
Add =espondeat #uperiors as li"elees to !our claim and give them notice: our agent has damaged me.;
++ecting a remed! can "e as simple as sending a letter to someone. As principals to the agent* the! arelia"le +or the actions o+ the agent.
Dun 6 otice to the "an o+ !our interest as creditor (>otice o+ @ender +or #eto++* incl. a =e5uest=egarding #tatement o+ Account ? %% 9-210)* with evidence o+ pa!o++ going through the @reasur!the "an who's claiming de+ault hasn't "een paid !et. Cowever* 1 da!s later* !ou have a #tatement o+
Account +or the De"tor on the collateraliEed de"t +or that account that it is now a Eero "alance.@he =e5uest =egarding #tatement o+ Account is e,ecuted (signed) "! the De"tor.>otice o+ Disposition o+ %ollateral (selling o+ the house).
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Discharge is replacing one part!'s de"t with another part!'s de"t. An A+R sets o++ a de"t. >either arepa!ment. @he .#. is lia"le +or F=>s.
An encum"rance or an evidence o+ o"ligation secured "! collateral is a document o+ (e5uita"le) @itlewhich is superior to all others (paramount securit! interest) hence* giving control. &+ the house is sold*!ou must get paid. @he tenants have lesser title.
@he lienholder has controlling interest. @he Disposition o+ %ollateral releases the interest* giving it tosomeone else. @he #ale o+ the house could "e recorded on a %%-1 "etween a #eller 6 a
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#ession 7 Enforcement (evie&
%ommerce is a re+lection o+ who we are.
A "ond is an evidence o+ a de"t. &t's in a "o,. &s it there >o* "ut i+ it's not written in 5uantumlanguage* it's +iction an!wa!. &t's recogniEed* however* and the "order is not "lac (the color o+ the te,t).
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ote* !ou can send a cop! o+ the >ote with !our notice to the +iduciar! o+ the
compan! +or which the de"t is "eing set o++.sing a to seto++ a mortgage* send notice o+ tender +or seto++ to %F3* incl. cop! o+ what was sent to@reasur! ? cop! o+ >ote should clearl! "e mared %op!;.
8ith man! things* not one document is needed i+ !our conviction and +aith are total and !ou now who!ou are and !ou don't grant and conve! an! interest.
Budges now contract don't worr! that the! don't.
&n court* !ou're there to "e o+ service and to "ring "alance.
ot onl! are !ou
the one "ringing up commercial energ! to seto++ the de"t !ou must "e proactive in moving the otherpart! to either per+orm or grant !ou the $3A to per+orm +or them.Don't 7ust sit "ac and wait +or them to reconve! the deed. 8hen doing the tender o+ pa!ment to@reasur! +or the seto++* also do a tender with a cop! o+ the record to the %F3 so he or she will validate the#tatement o+ Account showing a Eero "alance.K0 da!s goes "!* the! validate the Eero de"t.Do a Demand +or $er+ormance: &'ve got a #tatement o+ Account showing Eero "alance &'ve gotveri+ication that tender has "een accepted +or seto++ &'ve got %F3 veri+ication that the "alance is Eero&t was accepted at the @reasur! merel! "ecause the! didn't return it with a de+ect ? do a %erti+icate o+>on-=esponse on that process as well. @he record* a cop! o+ that process* along with the original%erti+icate o+ #ervice and the original %erti+icate o+ >on-=esponse shows that it's "een accepted.
3nce !ou've set whatever it is o++ and gotten !our Eero "alance* i+ the! send !ou a statement* !ou caneither =e+use it +or %ause without Dishonor or %A+R it. &'ll accept that there is still an outstanding"alance on the account* conditional upon proo+ o+ claim that the instrument tendered on such and such adate is not su++icient to settle* seto++ and discharge an! and all de"ts and o"ligations and lia"ilitiesassociated with this account that the presentment made on such and such a date* which gave %F3 o+ the"an record o+ this seto++* had an! de+ects in the record* point "! point "! point....* that the =e5uestregarding #tatement o+ Account showing a Eero "alance is insu++icient or has a de+ect or that %F3s +ailureto respond to the =e5uest does not show his or her assent* agreement and consent to the "alance "eingEero.;
=e+use +or %ause without Dishonor reason: De+icient/ Frivolous =esponse
%ooie cutter: ver! statement +rom then on that !ou get* =e+use +or %ause* put the same conditionalacceptance with it ? include an a++idavit* repeating all !our points and send it o++ to the %F3. Do a%erti+icate o+ >on-=esponse on ever! single one o+ them.
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do the same thing ? the language o+ !our "ond would change slightl!. #till do the A+R statement across!our ## card.
>otar! presentment can "e +a,ed.
=egistered 4ail H is what registers the instruments.
#ession 8 Enforcement 9isc*ssion
ver!thing happens "! contract and !our consent* there+ore !ou do not need to "e a slave.@he!'re not creditors ? the!'ve 7ust got a "ag o+ trics. 8hen the!'ve thrown all their trics at !ou and!ou haven't wavered* the!'re at a loss.
Deposition I testimon! o+ a witness taen upon interrogatories* not in open court* "ut in the pursuance o+a commission to tae testimon! issue "! a court or under a general law on the su"7ect and reduced towriting and dul! authenticated and intended to "e used upon the trial o+ an action in court. &t issometimes used s!nonomousl! with a++idavit or oath* "ut its technical meaning does not include such
terms. Also* written declaration under oath made upon notice to the adverse part! +or the purpose o+ena"ling him to attend and cross e,amine or upon written interrogatories. &t is the giving o+ notice to theadverse part! which especiall! distinguishes a deposition +rom an a++idavit. @he term is sometimes usedin a special sense to denote a statement made orall! "! a person on oath "e+ore an e,aminer* acommissioner or an o++icer o+ the court* "ut not in open court and taen down in writing "! the e,amineror under his direction.
@o depose I to deprive an individual o+ a pu"lic emplo!ment or o++ice against his will. @he term isusuall! applied to the deprivation o+ all authorit! o+ a sovereign. &n modern usage* to mae a deposition*to give evidence in the shape o+ a deposition* to mae statements that are written down and sworn to togive testimon! that is reduced to writing "! a dul! 5uali+ied o++icer and sworn to "! the deponent to sa!under oath. to "ear witness o state o+ oath or to give testimon!.
8hen !our trust gets a deposition re5uest* conditionall! accept. @he! can't compel !ou.& accept under the condition that the instrument that will "e tendered tomorrow is not su++icient to settle*seto++ and discharge an! and all duties* o"ligations and lia"ilities o+ B3C> D3.;
Do a private process () with the attorne!. Ce or she is a court o++icer. ver! court is directl! linedwith the @reasur!. @he court is o"ligated to send an! mone! that comes in straight to @reasur!. @reasur!is the onl! entit! that can monetiEe the tender.
Don't give up !our sovereignt! "! answering 5uestion as 5uestions. %onduct determines sovereign!and sovereigns don't answer 5uestions.
@he 7udge's 7o" is to protect the pu"lic. Don't act as a de+endant or identi+! as the de+endant.
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A trust is an estate* as well. @he individual is the de"tor's estate and !ou're not admitting to "eing thede+endant.
&+ the! push it* sa!: Did !ou call +or the decedent to come +orth; @he onl! one the!'re calling +orth is adead person and the! want the part! who is representing the dead person to settle the account or give uphis or her "od! to do so.
#urrendering the