Jefferson County, MO Foreclosure Case

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Jefferson County, MO Foreclosure Case

Post  Suerhoades on Sat Jan 26, 2013 11:42 am

I filed the OPPT documents against a consent order of possession (the bank’s possession of my home) on January 18. The bank was to take possession on January 15. I have heard nothing from the court since.

My attorney did email me and ask me to call him, but before I could, he called me. He told me these “UCC things” never work and that I was setting myself up for a lawsuit. When I asked him on what grounds the lawsuit was, he didn’t answer but did explain that UCC was not the way to go.

I asked him why it would be wrong for me to ask the judges and attorneys to produce evidence of their authority to basically try this case in my absence, and he said that “wasn’t the point.”

He also said he had a 32 page lawsuit ready to file against the bank, had hired associates to help him with it, and if I didn’t file it I was making a mistake. He said we’d talk later.
In the meantime, this attorney is on the list of debtors on my UCC-1 because the contract we had stated he would get 1/3 the value of my home plus 35% of anything monetary. Although he’d said he would file a wrongful foreclosure lawsuit against the bank last year, he never did. But now he has one ready?

The Declaration of Violation of Rights appears so far to be a powerful document.
My county has had so many foreclosures (I know, it’s everywhere) but I know from what I see here that people have just given up. The foreclosure mill, Millsap & Singer, is nationwide, and they are vicious. It’s not hard to see why people are giving up.

I am NOT giving up! The next step is to get my UCC1 filed in the county recorder’s office, it basically puts a lien against all deeds. Since the bank filed deeds in ownership of my property, this is something I MUST get done right away. The recorder’s rules don’t allow for these documents, but I’m going to tell them to file them anyway after I get evidence of the recorder’s corporate affiliation.

NOTE TO SELF: Put LOTS OF LOVE into these documents! The negative energy fueling fear will come at you – at least it did to me – without the support of my OPPT family I would’ve had a hard time fending them off! They are still there, snarling and snapping, but at a distance. The more I put love around those who have done wrong in the court system, and a bubble of protection over all of us here in Missouri, the better I feel.

In case of a “visit” by corporate agents, I put up a LAWFUL NOTICE at each of my doorways.

You can find all the documents I created in this case, along with the LAWFUL NOTICE I posted (lamination only cost $1.10) here http://www.scribd.com/collections/4101516/OPPT-FILINGS-SUE-RHOADES

With much love,
Sue Rhoades


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WTG!

Post  delete on Sat Jan 26, 2013 1:30 pm

Good for you, Sue, for having the courage to stand your ground. It's very difficult to go against the grain; to go against everything we have been taught to believe for decades. It's like believing the earth is flat and then being told it's round. Shocked

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Good for you

Post  Mr W on Sat Jan 26, 2013 2:06 pm

Super - good for you - not to give up. I love you

I think your 100% correct to put a lot of love into your documents!

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Re: Jefferson County, MO Foreclosure Case

Post  Gemini on Sat Jan 26, 2013 2:21 pm

Whoohoo -- way to be strong Cool

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Didn't see Declaration of Violation of Rights in Your docs filed

Post  suzyAZ on Sun Jan 27, 2013 10:09 am

I am assuming you did file the "Declaration of Violation of Rights" since you mentioned it, but just trying to make sure we have a complete list of everything you filed for future reference. Thank you for spending the time to keep everyone up to date.

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Re: Jefferson County, MO Foreclosure Case

Post  Suerhoades on Sun Jan 27, 2013 11:24 am

The Declaration of Violation of Rights can be found here:

http://www.scribd.com/my_document_collections/4101516

I did have trouble uploading some docs yesterday -- let me know if you have trouble seeing it.

Thanks
Sue

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banking article regarding MERS

Post  funkyjomedina on Sun Jan 27, 2013 12:31 pm

http://www.huffingtonpost.com/l-randall-wray/new-yorks-us-bankruptcy-c_b_824167.html?utm_hp_ref=email_share

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AWESOME!! Thank you so much!

Post  lshann77 on Sun Jan 27, 2013 4:37 pm

Way to go, Sue! Thank you so much for sharing and posting all of your documents.

I am just getting ready to file my UCC1 and the posting of your documents has really helped me get a clearer picture of how mine should be filled out.

Did you file your UCC1 online with the secretary of state? Or did you make a personal visit?

So gratefull for you, this forum and OPPT and the glorious unfolding of ALL of this. I love you

Peace to you

Lisa

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Re: Jefferson County, MO Foreclosure Case

Post  Suerhoades on Mon Jan 28, 2013 1:17 am

Hi Lisa,

I filed my UCC1 online, on the secretary of state's website. After you submit it you have the opportunity to print out what you filed plus a separate confirmation sheet.

That needs to be filed in the county recorder's office. The recorder's office here, according to their "rules," won't file it but I intend to go there anyway. I noticed the "bank" was able to file a "Miscellaneous document" there when they counterfeited the deed to put it in their name via their attorneys....what is to prevent me from filing my own "Miscellaneous document?"

It is January 27 and I have heard zero from the court, the sheriff's dept., or any attorney. I am sending lots of love to this misguided court system and its helpers. The sheriff's department's Assistant Commander told me once, proudly, that they operate under "color of law." Had she known what she was saying to me, I don't think she would've said it with such pride.

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Possible help with recording at county recorder's office...

Post  ArthurPaul on Mon Jan 28, 2013 3:20 am

Hi Sue. I am passing along a little instruction that I haven't tried myself but it seems reasonable...

1. Print out the notice to the county clerk (content below) to take with you before you go to the clerks office.

2. Affix a sticky note on the document with the following words on it. (Record on demand as is in public notice section of record per (proper name) remove this note before scanning)

3. Go to your county recorders office.

4. Ask them for their business card when you get there so that you can have there contact information.

5.Take a digital voice recorder with you and keep it on and recording at all times. Keep your mouth in check as much as possible. Remember! They are to follow the instructions on the sticky note. If they refuse, if they tell you “I have to have you notarize this” “I can’t do that” “I don’t understand what you want” “I’m just a stupid clerk I have no brain of my own” “You have to swear an oath before I can file this” all of these responses are attempts to avoid public record. When this ignorance occurs hand them the (notice to the clerk) notice and say “you have just been put on notice.” Let them read the notice then tell them again to follow the instructions on the sticky note. You may want to ask... “I wonder what the office of inspector general would think about this, you know the justice department” At this point they have 2 options
1. Do as you have demanded, as you demanded, or
2. Become a felon.
If they pick the second your next move is to indict them. Remember it is your duty to indict any and all who commit a crime.

6. If they become felons you can go to any other county recorders office and file the documents there.


The content of the Notice to Clerk is as follows:

Notice of understanding and intent
Notice to agent is notice to principal notice to principal is notice to agent.
This notice has been presented upon the refusal to file document as is on public record.
This Notice is served upon you, hereinafter “clerk“, “officer”, “you”, “your”, “you’re”, or “yourself”, acting as a local agent for or on the ultimate behalf of THE STATE OF (YOURSTATE), some political subdivision of THE STATE OF (YOURSTATE), or any other legal entity in whatever form, hereinafter referred to collectively as STATE.

It is my understanding that the following united states code is applicable to you.
18 USC 1506
Whoever feloniously steals, takes away, alters, falsifies, or otherwise avoids any record, writ, process, or other proceeding, in any court of the United States, whereby any judgment is reversed, made void, or does not take effect; or
Whoever acknowledges, or procures to be acknowledged in any such court, any recognizance, bail, or judgment, in the name of any other person not privy or consenting to the same—
Shall be fined under this title or imprisoned not more than five years, or both.

You have been warned and properly noticed now of the potential circumstances of your actions if you proceed to act in contrary to 18 USC 1506. Any action taken by you in contrast to 18 USC 1506 shall be met with indictment under said act.
Govern yourself accordingly.
--------
Anyway, I thought I would share this with you...

Art

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The NY Bankruptcy Court Ruling on MERS

Post  suzyAZ on Mon Jan 28, 2013 5:35 am

Excerpt from the article at: http://americankabuki.blogspot.com/2013/01/new-yorks-us-bankruptcy-court-rules.html#more
"As I predicted two weeks ago, MERS would be dead within weeks. Judge Grossman has driven the final stake through its black heart. The half of America's homeowners whose mortgages are registered at MERS have been handed a "get out of jail free" card. Wall Street has no right to foreclose on their property. The tide has turned. It won't be easy, but homeowners in those states with judicial foreclosures now have Judge Grossman on their side. Those in the other states (just over half) will have a tougher time because they can lose their home before they ever get to court. But the law is still on their side -- foreclosure by members of MERS is theft -- so class action lawsuits may be the way to go."

Don't know how this applies in Missouri. You wouldn't want to stop what you are doing with OPPT for sure as this may take time to filter and they may appeal to the Supreme Court on this.

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Re: Jefferson County, MO Foreclosure Case

Post  Marbolot on Mon Jan 28, 2013 5:50 am

funkyjomedina wrote:http://www.huffingtonpost.com/l-randall-wray/new-yorks-us-bankruptcy-c_b_824167.html?utm_hp_ref=email_share

This article is almost 2 years old.

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You Are Absolutely Right - MERS article is 2 years old

Post  suzyAZ on Mon Jan 28, 2013 5:55 am

American Kabuki just posted that today. Goes to show one should always check the dates and sources before passing along. Thank you for the correction.


Last edited by suzyAZ on Mon Jan 28, 2013 5:56 am; edited 1 time in total (Reason for editing : clarification)

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Questions on your UCC 1 filing

Post  lshann77 on Mon Jan 28, 2013 6:14 am

Good Day Sue!

Somehow my previous post for this is not showing up for me - so forgive me if this is a duplicate:)

I noticed your UCC 1 filing is 24 pages due to the Section 4 collateral description. Did you use/copy exact verbage from one of the OPPT documents for this sectrion? If so - which one please?

This is still a bit mind boggling. I also noticed on your UCC Financing Statement this:

UCC FINANCINGSTATEMENT ALL RIGHTS RESERVED WITHOUT PREJUDICE, UCC Doc. # 2000043135, and ORI-01182013-0001 the perpetuity, are hereby duly amended only to include the followingadditional collateral as follows:

Can you explain what this ORI number is? I do not see it on the OPPT template?

Thank you so very much!!

Peace and Love in Light to you and all of your efforts Sue!!!

Lisa

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Another question?

Post  lshann77 on Mon Jan 28, 2013 6:31 am

Is the UCC Financing Statement also filed separatly with the State or is this to be filed at the county level?

Much gratitude and thanks!!

Peace in Love and Light Exclamation

Lisa

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