New case in Florida!

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New case in Florida!

Post  DrummerBoyFL on Mon Feb 25, 2013 9:48 pm

I will be sending out my first series of Courtesy Notices tomorrow to the attorneys for Wells Fargo they chose to have represent them here in the Tampa Bay area, and to the judge who is to preside over the conference call between their attorneys and mine, on 3/28/2013. I will not be informing my attorney of this maneuver until after they are sent, for obvious reasons.

Would it be wise to inform my attorney to now defend my case based on the Courtesy Notices now?

Thank you in advance for any help/pointers/tips/etc. Very Happy

JC

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Re: New case in Florida!

Post  Marbolot on Tue Feb 26, 2013 12:34 am

JC,

I am not qualified to comment as to whether and when to disclose your Courtesy Notice mailing to your attorney.

But may I ask to what specific types of communications -- from the bank attorneys and the judge -- you referred in your Courtesy Notices?

Please do keep us informed. Note that this forum is completely public.

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New case in florda

Post  wajah2 on Tue Feb 26, 2013 1:03 am

I too am going to attempt to send Wells Fargo attorneys out of Ft. Lauderdale courtesy notices. It is a firm that filed in polk county and my wife and i got served sat the 23rd, there is one main lawyer Marchall C Watson and several associates(12). His firm was a part of of the foreclosure mill settlements that happened a while back. He has since renamed his firm CHOICE LEGAL GROUP,PA. and they only represent servicers and banks. So I don't know which one sent or filed the court papers so I'll send a courtesy notice to all that work there. the papers said I have 20 days to file a written responce, So thats my plan.

But I do have one question if someone can answer. Do I have to file a responce at the courthouse or to them, they sent an envelope self addressed to themselves?

Thanks and good luck to all, I do believe in this, Will H.

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Re: New case in Florida!

Post  Marbolot on Tue Feb 26, 2013 1:23 am

Will, I think you're right to send a Courtesy Notice to each of the lawyers at CHOICE LEGAL GROUP, each one as if the communication came from that individual lawyer. That way, you're bound to "hit" the one who did originate the communication to you, and the others will also now know what will happen if they try to communicate with you. Also, if you can find out the names of the firm's paralegals or other attorney "helpers" who might have been involved in printing the notice, addressing the envelope and putting it in the mail, why not send them Courtesy Notices, too?

Hales, Bartle & Bartle (sounds like a law firm, eh?) make it pretty clear that you want to notice the lowest-level individuals who likely were directly involved in any way in causing that communication to reach your mailbox. Our tendency is still to want to go after "the big guys," but if in fact all corporations are foreclosed as the OPPT trustees say, then there are no more "big guys" and everyone in every (former) corporation is now acting as an individual.

In answer to your question,
wajah2 wrote:But I do have one question if someone can answer. Do I have
to file a responce at the courthouse or to them, they sent an envelope
self addressed to themselves?
If by "file a response," you mean the Courtesy Notice, I think it's best to use the postal service to do your servicing for you. For my own Courtesy Notices, which I'm sending today to some low-level individuals in my county's tax collections office, I'm using Certified mail (cheaper than Registered, which requires the postal service to keep it under lock and key), restricted delivery (so that only the addressee may receive it), return receipt required (green card).

Also, I suggest you not think of yourself as responding to their presentment. This is why the Courtesy Notice says that you received a communication that purports to be something official. You are not responding to that communication. You are, instead, responding to having received a "thing" whose validity you do not recognize, and you want to inform them that if they attempt to communicate with you again in the future, there's a price. It follows, also, that you would not use their self-addressed reply envelope! Use your own envelope and mail it to the CHOICE LEGAL GROUP's physical address.


Last edited by Marbolot on Tue Feb 26, 2013 1:32 am; edited 2 times in total

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new case in florida

Post  wajah2 on Tue Feb 26, 2013 1:30 am

Thanks M, Ill try to find the lower people and send to them also.

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Additional details...

Post  DrummerBoyFL on Tue Feb 26, 2013 6:00 am

The attorneys I am sending them to are who Wells Fargo referred to as "Client 718" on their initial letter to me that my "account" was being turned over to them for foreclosure. I'm not sure if any of you have heard of the THOR system, (The Homeowners' Revolt), but I used that against Wells Fargo and it really rattled their cage... so much that they jumped on sending me a "Summons" as soon as they became aware of what I was doing. The attorneys from Tampa who will be receiving my Courtesy Notices are Ronald R. Wolfe & Associates, including his partner, Matthew Wolf. Yep, the big, bad wolves are trying to come for me, but they have no idea what's in store for them! Since I already received my summons and hired an attorney to respond (we haven't even begun to use the THOR documents yet), the document I am referencing is their "NOTICE OF FILING," which lists the amounts they say I owe, etc. I suppose I could have used the original summons, but at this point because my case has actually advanced in the court system a little, I figured I'd use the most recent filing from them. From my understanding, if you send to the head honchos, there is no need to send them to their subordinates as it is their responsibility to pass this information down to them and that once you serve the big boss, that's as far as you need to go, unless you receive something else from another individual from that agency for some reason. Then you can send one to that individual as well. So Ronald and Matthew are on my list, as is the alleged; "Honorable" Judge Thomas H. Minkoff, who is supposed to preside over a 5-minute (what a joke) conference call between my attorney, who filed a "MOTION TO DISMISS" on December 26th, and the big, bad wolves who filed their response to that. The document I am using to send the judge his notice is the "NOTICE OF TELEPHONE HEARING" I received from one of Ronald R. Wolfe's associate attorneys, which references the judge and lists the address of the courthouse and courtroom. In the second section where I'm supposed to list the name as it is on the top of the notice, I put the judges name, via Kimberly L. Garno, (the associate from Ronald R. Wolfe's office who prepared the filing). I figured it was perfect timing since the conference call is over a month away. I suppose I will ask to meet with my attorney before then, and go over all of the information from the OPPT with them at that time. I'm sure if they haven't heard, they will be shocked.

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Re: New case in Florida!

Post  Marbolot on Tue Feb 26, 2013 6:24 am

I think what you're doing is fine, and then we have to change our "heads" a bit.
DrummerBoyFL wrote:From my understanding, if you send to the head honchos, there is no need
to send them to their subordinates as it is their responsibility to
pass this information down to them and that once you serve the big boss,
that's as far as you need to go, unless you receive something else from
another individual from that agency for some reason.
This is the point: There are no more "head honchos," "subordinates," or "big boss[es]," because there are no more corporations. This is also why the Courtesy Notice references the Principal Agent Doctrine, which means that no matter whom you send the Courtesy Notice to, if they "instruct, direct, or conspire with colleagues in pursuing damaging actions against" you, they will compound their liability. Also, the Courtesy Notice says that if those "colleagues ... detrimentally damage [you], they will be made jointly and severally liable." So, even if you only sent the Courtesy Notice to the mail room clerk who caused the NOTICE OF FILING to be put into the postal system with your address on it, if that mail room clerk "conspires" with any of the attorneys (your "head honchos") to take further action against you, both the mail room clerk and the attorney may be invoiced. Yes, now the mail room clerk and the "head honcho" attorney are nothing more than colleagues, not "boss" and "subordinate".

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Re: New case in Florida!

Post  DrummerBoyFL on Tue Feb 26, 2013 6:47 am

The thing would be then, how to prove that the mail room clerk did in fact do their job and route the letter correctly. If there are no more courts, then how will these people be proven wrong so that they are no longer able to serve their former employers? This is what I'm wondering. This judge is going to receive my notice and it truly is energetically powerful in its wording. If he decides that it's bogus and continues business as usual the next day because he's set in his ways and doesn't feel like altering his life in any drastic and dramatic way, and the Wells Fargo attorneys do as well, then it is the current system (powerless by its own laws on paper), denying that anything happened and then what? How would I enforce my contract which now trumps anything that this judge is technically allowed to do because he is technically unemployed? I feel powerful sending these out and am very happy to be in on the action so early on... but until this saturates society and becomes so widely known that it's impossible to deny, we/I are/am between worlds and in the old world, I may just piss the judge off which would have him rule in favor of the criminal bank. I am thinking that this would be a good reason to inform my own attorney, whom I hired last November, that it is not so much his job to defend me anymore, since his job is technically non-existent as well, but to explain all of this to the judge and in front of a courtroom full of people. They all know UCC law, therefore they are all quite capable of looking up the filings and understanding their legitimacy, right?

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Foreclosure and other actions defense

Post  Bereagun on Tue Feb 26, 2013 7:35 am

The basis of the power of BEing is to get understanding from your advisory.
1. Who are the parties - Character of the Parties
2. What are their Authority - Law of the Action and Jurisdiction
3. Where is their authority enforced - Venue of the Action
4. When are the actions valid - Time and Limitations
5. Who are you and what makes you liable for the contract. - Adhesion
so do not operate under presumption or you WILL lose:
1. Validate each actor is in compliance with all rules, regulations and authorities to act
2. Validate and get a declaration of the law being used against you (most are Admiralty Maritime Military Law)
3. Validate the action, you and the actors are in the same Venue (not just physical space but fictional subdivision. As COLORADO is not the same place as Colorado.).
4. Is time for the action valid and has all forms of Notice and Grace been timely (most actions are deficient in notices are not timely sent or ever received).
5. Where is the original contract with each parties signature. Copies are not best evidence as we know the original was modified, changed, sold, destroyed or securitized).
6. Last (for now) did the party coming against you exhaust their administrative remedy? If not (and they did not) the case must be dismissed until they do.

Enough for now. If you need individual help let me know.

NOTICE!
Please join me to discuss OPPT documents and implementation of same. This session will cover key issues and get input from all as to how we can use the tools graced upon the One People. If you have trouble finding the documents please email OPPTCongress@Gmail,com and request the download. Thanks and hope to hear your voice. Talkshoe Phone Number: (724) 444-7444 Call ID: 126841 Tuesday Feb 26, 9PM Eastern.
US Time Zones and Time: Eastern Time: 9:00:00 pm Central Time: 8 pm Mountain Time (Arizona): 7pm Pacific Time: 6pm Hawaii-Aleutian Standard Time: 4 pm or download podcast after the meeting ends.


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Re: New case in Florida!

Post  DrummerBoyFL on Tue Feb 26, 2013 10:13 am

I take it you are an attorney or just really know your law! I actually got to the Post Office about 15 minutes before they closed. I asked the woman at the counter if she would witness for me on these documents--basically just verifying that I am the Proponent listed here and who is signing this in front of you. I handed her my license too. She asked me what it was about, and I gave her the Cliff's Notes version and she backed away and said, "No no no!" I am a "government employee." She said I could ask one of her coworkers, but I decided not to waste my time. I will go to my credit union tomorrow have it signed and notarized even. I was thinking though. I'm a bit apprehensive about sending the notice to the judge. I have faith in the OPPT and in the mission, but one could be fairly certain that this judge is just going to get upset. Can he hold me in contempt?! Has anyone received a reply from a judge? Here's what I'm considering. I will send the notices to the two attorneys tomorrow, and hold off on the judge for now. I will then request to meet with my attorney and fill them in on what's going on and what I sent to the bank's attorneys and will then ask them to defend me based on this new law. Does that sound like the best course of action? I paid my attorney a chunk of change because he said he could keep them off my back while we fight them, for a year. This gives me until November. I would love to know that they cannot touch me or my house before then. Florida is a judicial state. Judges and their egos will be difficult to separate.

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Re: New case in Florida!

Post  DrummerBoyFL on Tue Feb 26, 2013 10:13 am

Thank you for all your information by the way. I understand it, but would need some help in implementing it--especially on their (courts) home turf!

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Slow Down and Think

Post  Bereagun on Tue Feb 26, 2013 10:36 am

You are doing a shotgun approach to a finite small target. I just made one phone call and found the target (the one with authority) and will be sending Notice to him/her. Lower your cost and stress.
You can email me and I will give you some specific info if I can help.
OPPTCongress@gmail.com

NOTICE!
Please join me to discuss OPPT documents and implementation of same. This session will cover key issues and get input from all as to how we can use the tools graced upon the One People. If you have trouble finding the documents please email OPPTCongress@Gmail,com and request the download. Thanks and hope to hear your voice. Talkshoe Phone Number: (724) 444-7444 Call ID: 126841 Tuesday Feb 26, 9PM Eastern.
US Time Zones and Time: Eastern Time: 9:00:00 pm Central Time: 8 pm Mountain Time (Arizona): 7pm Pacific Time: 6pm Hawaii-Aleutian Standard Time: 4 pm or download podcast after the meeting ends.

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New case in florida

Post  wajah2 on Wed Feb 27, 2013 2:09 am

I just found out that I (think) need to file Motion to Dismiss (as a responce) to the papers that I recieved Sat. the 23rd saying I had 20 days to respond(in order not to be defaulted). If anyone knows for a fact please let me know.
Will H.
P.S. My wife is pressuring me to hire an attorney about this, because her credit is also affected.


Last edited by wajah2 on Wed Feb 27, 2013 2:11 am; edited 1 time in total (Reason for editing : P>S>)

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Foreclosure and other actions defense

Post  Bereagun on Wed Feb 27, 2013 2:29 am

Email me with a number and I will help you by going over procedure. Hard to do without a conversation. OPPTCongress@gmail.com

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Foreclosure and other actions defense

Post  Bereagun on Wed Feb 27, 2013 2:45 am

If you have been served: (This is in the nature of a F.R.C.P.12(b)(6) response)
1. Do what the Attorneys do - Motion to Dismiss for
a. Lack of Exhaustion of Administrative Remedy prior to bringing an action
b. Lack of Standing - Improper joinder of parties
i. Lack of Compliance of Federal, State and UCC rules,, regulations and policy therefore the Plaintiff Corporation does not exist.
ii. Insolvency of entity bringing the action per UCC filing of OPPT
c. Lack of evidence of damage- No loss of Funds or earnings
d. Courts lack of Subject Matter Jurisdiction - Federal Issue due to:
i. Federal Reserve Act 1913
ii. Fair Debt Collections Act
iii. Federal Bankruptcy of 1933
iv. Trading With the Enemy Act of 1917 as amended in 1945
v. Foreign Sovereignty Immunities Act
vi. 11th Amendment to US Constitution

More to come

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