Dealing with the Difficult Clerk at the County Level

As requested by a number of you, here is the David DeReimer piece on dealing with a "difficult" County Clerk. Thanks to John in the office who has been compiling information like this on dealing with clerks who are deciding they can make legal decisions.

------------------------------------------------------------------------------------

When a County Clerk, Recorder of Deeds, "Refuses to Record"

Most legal remedies for misconduct or crimes committed by government officials must be formally presented and officially “sanctioned” by the courts. Inevitably, the cost of litigation and the courts inherent reluctance to favor private citizens who sue the government teach us that we “can't sue city hall” - even if the folks who work there are crooks.

Shielded by the official and practical immunities inherent in our legal system, government officials are encouraged to believe they are “above the law”, beyond the reach of common people, and free to abuse their powers. No longer accountable in court, the frequency of official misconduct, oppression, and injustice is rising but normally unpunished.

Commercial liens seem to have extraordinary power for attacking government officials who break the Law. The key to the liens’ power is found in the fact that these liens are applied non-judicially - without the knowledge, approval, or interference of a judge. Because the judges aren't involved, they can't stop you from filing your liens, and therefore, they can ‘t shield the government.

Instead, to file a commercial lien, you prepare the necessary documents and simply file them (along with a modest filing fee) with the local county clerk, recorder of deeds, etc. or whatever county agency is responsible for filing public documents.

But problems are beginning to develop. Since the legal system can’t stop these liens with high legal fees and biased judges, the county clerks are beginning to restrict the filing of liens. I.e., you prepare your lien, round up your $50 filing fee. and present yourself, your money, and your lien to the county clerk and he refuses to accept the lien. The lien can ‘t work if it ‘s not filed, so a recalcitrant clerk can stop your lien cold. Although the clerk's refusal to file the lien documents is almost certainly unlawful, I’ve heard reports that “refusals to file” are increasingly common in California, Ohio. and other states.

The following is one man's recommendations for dealing with county clerks who refuse to file your liens (or other documents). This procedure is primarily based on the Uniform Commercial Code. Because several of the steps require you to wait patiently (30 days or more) for the government's response, the total process may take six months or more to complete.

These lengthy delays are difficult for those of us who are used to a diet of instant TV, microwave food, and fast gratification, to accept. Which is to say, here ‘s another obstacle - time - our legal system uses to prevent the People from compelling government officials to obey the Law.

So be it.

But what does it take to overcome this obstacle? Just patience, persistence and determination. The first one, two, or even three individuals who fight to compel the clerks to properly record their liens may have to struggle for most of a year. However, once the clerks begin to see their personal liability, they'll return to obeying the law and recording the liens. It may take time, but it is clearly time that must be spent by a handful of people to open the doors for the rest of the public.

In general, it looks as if the liens can be used to compel the judges and public officials to obey the law, and The Uniform Commercial Code can be used to compel the clerks to obey the law. Point: where there‘s a will, there ‘s a legal remedy.

Advice: Learn to work with others. Your witnesses are your friends, advisors, and legal “safety net” Unless you have absolutely no choice, don't try to “lien on” government officials all by yourself. Bring at least two witnesses along to every face-to-face meeting with the clerk, Recorder of Deeds, Sheriff etc.. After the meeting, have your witnesses prepare sworn affidavits of whatever they saw and heard the clerk, official, sheriff say, do, etc. If the clerk refuses to file your lien and you have no witnesses, it's really just your word against his or hers. And if the clerk refuses to provide a written explanation for his refusal, it's still your word against his.

However, if you bring witnesses, the officials will be more intimidated and less likely to refuse your lawful Demands in the first place. It may take a little persuasion, but if the clerks begin to suspect they are being “trapped” into a potentially litigious situation, they'll be more likely to cooperate and file your lien or call their boss (and thereby generate more witnesses, and more public controversy). If the clerks, officials, etc. still refuse to do their sworn duty, your witnesses and their affidavits will provide a solid foundation for pursuing stronger legal remedies.

Finally, as is always the case with instructions, forms, etc., bear in mind that the following recommendations were not provided by a licensed lawyer, or “sanctified” by some judge. What follows is only a study guide intended to outline one man's notion on how to compel government officials to do their sworn or lawful duty. Before you apply any or all of these recommendations, you must do the necessary research to confirm the strategy is valid and can be lawfully applied to your local county clerk. recorder of deeds, Sheriff etc. — Editor

When a county clerk, recorder of deeds, etc. "refuses to record”:

1. Get a written explanation, reason or “excuse” from clerk who refuses to record your document. This is the First link in your “chain of evidence”.

2. As per your state Uniform Commercial Code section 3-505/501, send a "Notice and Demand For Exhibition Or Presentment Without Dishonor” by certified mail to the office (county clerk, recorder of deeds, etc.) that refused to accept your lien. In that “Notice and Demand”, demand that they produce for your inspection:

a) The Statute or Law passed by the Legislature which authorizes them to condemn the “Public” records for their personal and private use;

b) Their personal Bar/ Lawyer I.D. Number issued by the State Bar or State Supreme Court which authorizes them to make "Legal Determinations”; and,

c) The Statute of Law passed by the Legislature which authorizes them to edit and/or censor documents prior to recording.

Give them reasonable time (30 days) to comply with your DEMAND to prove written authority, and then put them ON NOTICE that the “Law of Principal and Agent” specifies that “The Agent is personally liable for acts not authorized by the Principal.” As such, unless there are laws granting the clerk the power to refuse to record certain documents, the clerk/agent has no corporate veil of immunity for his or her refusals and may be personally vulnerable to a lawsuit.

3. If, after the reasonable time has elapsed, and they have failed to produce the written “authority” you Demanded, send a Notice Of Default by certified mail, notifying them that they have defaulted by not answering. In it, provide them with a “right to cure” their Default by recording your original lien (or other documents) without further interference, or suffer the consequences. Allow 10 to 30 days for their response.

4. If they don’t respond in the 10 to 30 days, send them certified mail, a “Notice of Amount Due” for the damage caused by their injury to you (or your Property Rights) by their defalcation, dereliction of duty, default, and unauthorized “Refusal to Record” in a “sizable amount” ($1,000??). Again, give them reasonable time (30 days) to pay you.

5. After the 30 days reasonable time has passed (plus 4 or 5 days for the mail), send them certified mail a “Final Notice of Amount Due” for the damage caused by their injury to you. Again, give them reasonable time (30 days) to pay you the amount of damages you’ve demanded.

6. If they don’t pay your “Final Notice” Demand in 30 days (plus 4 or 5 days for the mail), go to the County Elected Peace Officer (Sheriff), present copies of the two certified mail Demands for payment, sign a “Distress Warrant” or “Distraint Warrant” stating that you have NOT been paid, and have the Sheriff go get your money or sell the clerk’s car, mobile home, boat-motor-trailer, or whatever, to get your money for you (just like the “Consumer Finance” lenders and the IRS do).

7. At any stage of this “procedure”, you can send the offending clerk(s) a letter and “offer to settle” (“Right to Cure Default”) if they will “perform their sworn duty” and “Record without debate” your document or lien. If they fail or refuse, go on to the next step in the procedure. The purpose of this procedure is to force them to do what they are paid to do, not to sell their car, boat, whatever. Even after the sheriff takes some of their property, you might still offer to give them back their car (or whatever) if they will “Record” your document without further question. This is to show “Good Faith”.

8. If the Sheriff refuses to perform his Sworn Duty to execute upon your “Distraint Warrant”, inform him that you personally will perform his sworn duty FOR HIM, and on his behalf. Inform him, also, that the newspapers will be informed that he has refused to perform his own sworn duty but continues to cash his pay check, and that this constitutes FRAUD by him since he only performs “Selective Enforcement” of the law - which is unlawful. Inform him that the resultant publicity may have a negative impact on his chances for running for reelection, and that you may have to sue him in his personal capacity for money damages due to his Dereliction of Duty, Defalcation, Embezzlement of Public Funds, and damage due to his injury to you and/or to your property rights.

9. Send the Sheriff by certified mail a “Notice and Demand for Production or Exhibition Without Dishonor” of the Law or statute that authorizes him to:

a) perform “selective enforcement” of the Law;

b) accept the People’s pay and not execute on lawful Warrants;

c) personally edit and censor documents, or refuse to perform his duty under his sworn oath (which is PERJURY).

10. If either the Sheriff or the Recorder of Deeds says that they take their “orders” from some government lawyer, get that in writing! This “Admission/ Confession” becomes the Second link in the “Chain of Evidence” or the “Preponderance of Evidence” that you will be creating.

After, and only after, you have the above “Admission and Confession” in writing, leave their office. (Alternatively, you might bring one or two witnesses with you who will later provide affidavits describing what the Sheriff or Recorder said.) Then perform the previous certified mail step#2 and add item:

d) provide the Statute of Law passed by the Legislature that authorizes them to relinquish their office over to another (whoever - regardless of whether they’re government attorneys or not) while continuing to accept and negotiate (cash) their pay check after having turned over their office to said “other”.

Remember, you are exposing a HUMONGOUS scam. The lawyers’ club has usurped the government from the Legislature and from the People, and you are exposing this fact. Do not expect Satan to give up easy and go home. He and his minions never have before, so why expect them to now? They are all part of the “New World Order” and they are the “Politburo” of the party. They truly believe that they are the “chosen few” to dictate the lives of the “Sheeple” on behalf of the World, Corporate, “Money Mafia” Bankers.

MORE HELPFUL INFORMATION:

When dealing with the registrar or recorder don’t allow them to make any legal determinations for you. If they say ‘this doesn’t look right’, or ‘this doesn’t seem legal’, or ‘I don’t think you can terminate the IRS’s lien’, or any other such unsolicited legal opinions, answer this way: “I have not hired you to represent me. I do not give you permission to make a legal determination for me. If you do make a legal determination for me without my permission, you are practicing law without a license. Practicing law without a license is a commercial crime. You can also research your state code. Look for the section concerning crimes against justice. You’ll probably find two or three sections pertaining to: destroying and stealing public records; conspiracy to defeat enforcement of laws; destroying or stealing records by officer in charge.

This information, along with the penalties of course, can be made into a notice you can use when you go to get your legal instruments recorded. Suggest that the recorder just stick to his or her job, which is to record legal instruments like your UCC3s. Stand your ground and be persistent, but not abusive. If the recorder refuses you no matter what, you should proceed at once to use any and all legal options against him. Get the criminal charges filed first. Bring copies of the complaints and arrest reports along with your affidavits to the bondholder. Make sure the bondholder knows that you intend to make him criminally liable as well if he continues to carry a bond on this person. The affidavits showing wrongdoing on the part of the recorder and how you were damaged as a result, along with copies showing the man has been criminally charged and arrested for actions he took while on duty in his bonded capacity, should be very effective.

Bring a tape recorder in a pocket or purse. You can’t use the tape as evidence, but it’ll help you with details if you need to make affidavits to revoke his bond.

If you ruin his career, the guy who replaces him will have learned a lot about who’s in charge and will be much more accommodating.

Even after you get these notices terminated you may still have trouble with an employer if a notice of levy shows up. You can contact American Rights Litigators at phone # 352-383-9100 352-383-9100 . They can help by writing very professional letters for you to use on any third parties, such as banks and employers. Remember, you want the resultant document, the release of lien. The same laws under “crimes against justice” apply here as well. The registrar is not allowed to withhold the resultant document from you.

Point out that their incorrect recording of the IRS668 notice has caused damage to you.

The IRS668 notice should be recorded as a notice and not a lien. When they record it in the lien book, it becomes negotiable and enforceable.

This is the root of the problem.

*ATTENTION California and possibly other states: Recent info coming out of California indicates the state code has been changed to allow the recorder to edit and/or refuse your legal instruments. Do not despair. A friend in California reports he has dug up the legal remedy. Apparently the Secretary of State now has the power/burden.

If the county recorder refuses you, you can have your legal instrument “served” on the Secretary of State. He is required to record it. This, of course will still not get your UCC3 into the county recorder’s office, where it belongs, so the following is suggested: Include a cover letter informing him that: Since your right to record legal instruments at the County of (name of county) has been compromised through legislation, you expect HIM to represent you at your county and to certify the recording of your legal instrument there as well. Mention that you want to be notified by mail of the certification of your legal instrument at said county recorder’s office.

Details on “served” are sketchy. It might just mean certified mail. Find out. Research your state code.

After you get it all done, please help someone else with theirs. Be their coach or witness. We've got to work together.

Playing the Game the Way They Do

In reference to the last posting, consider the following. The way the servicers/lenders attack is contract law and using self-executing contracts. You have to use this type of language in your documents if you want to win in a judicial matter. They key in your documentations is to use language where you put time frames for responses and make it clear that when they do not respond or if they simply provide a “non-response” letter that there are consequences.

What are those consequences? How about that if they don’t respond to you with an affidavit, that they are contractually agreeing to an ex-parte hearing, waiving all legal remedies or rights or litigation, and agree to the terms you set forth in your documentation. The idea is to not only box them in but to block their attorneys. Then take them to court and follow up with your case. If you do this correctly, then you can get a quick judgment in your favor. You can prove your case that by their silence or non-response that there is no controversy, no outstanding debt and that they are not the creditor/real party in interest.

As always this is not legal advice. Such an approach requires the appropriate documents. Speak to a local attorney who can assist you in these matters.

Fighting Creditor Status with an Attorney

One of the strongest things you can do to have the Servicer/Bank be in dishonor is to do the following.


1) Send a correspondence to Servicer/Lender noting you are not refusing to pay but you have placed the last 2-3 months of payment (of which you are behind on your mortgage) with your attorney who is holding it in escrow to release funds upon their proof they are the creditor and the validation of debt.

2) Have your attorney send a letter (with a photocopy of the certified funds/bank check) of the funds they are holding on your behalf. Your attorney can let them know that he/she is only authorized to release funds upon them forwarding an affidivit that they are the creditor/party in interest on the mortgage account. Only when they send an affidivit stating this information will your attorney release funds. Have your attorney give them 3-4 days to fax something over or send something via overnight mail. Guess what, they won't respond.

3) When they do not respond, have your attorney draft for you an affidivit of truth stating what you have requested and their failure to respond. Also note they failed to respond even to your attorney with an affidivit.

4) If required in your mortgage docs, have your attorney give them notice of judicial action coming down the pipeline.

5) Take them to Court; you now have prima facie evidence they are not the creditor, therefore no standing to collect on a debt or commence/carry out a foreclosure. If they were the true creditor, under Federal law they would have had to responded.

This is not legal advice but some food for thought. As always, speak to an attorney before proceeding with any legal strategy or foreclosure defense

Another way to have fun in Court

Hi Everyone,

This is courtesy of Holly and John in our office, this is fun especially when dealing with an attorney for the bank who just graduated law school:

The key to this strategy is objecting to anything said. When the bank/servicer attorney starts talking in court, your response is simple "I object; relevance."

Ask on the record - "Does the Plaintiff stipulate now on the record whether or not they are the creditor/party in interest in this matter."

If the attorney is silent, then they have a problem because they are not defending their standing.

Add on the record "On and for the record and for my appeal is necessary, I believe in fact that by their refusal to stipulate on the record to being the Creditor in this matter, the alleged "lender" is showing prior knowledge of not being the creditor in this controversy, demonstrating prima facie evidence they are here in court today without "clean hands" since they are perpetrating a fraud upon the court."

Also reinforce the fact that if they commenced a foreclosure, served you with a verified complaint and are now silent - then they have damaged you further and are lying to the court.

When the judge then asks what he can do for you, or what you want, "I move this court grant me a reconveyance of the deed of trust to me immediately and return all property acquired by fraud from me." If the judge won't do that, at a mimimum you should ask for the foreclosure action to be dismissed with prejudice.

If the attorney for the bank/servicer says they do represent the creditor, then you get to have fun with them by reminding the court they have to "prove" where the alleged money came from. If they pull out a copy of an contract with your signature, deny its your signature and force them to produce the original.

As always, this is not intended as legal advice. Always consult a local attorney before proceeding with any legal strategy

Produce the note and deny your signature

In terms of producing the note, here are some additional points to consider.

In Court, the lender/servicer will try and get away using a copy of the note. Chances are they used a copy of a note in their foreclosure papers. Your answer is if it’s a copy you are presented with it simple, you automatically deny it. Always ask to see a note with the front and the back sides; all promissory notes go through the SEC and they have a tracking card for what pool your note was sold in and there will be a bar code and there should be a CUSIP #. IF there is neither of these on a note, then we are dealing with forgery.

Furthermore, when they attempt to use a copy of the note; deny the signature. If you deny the signature on the note and deny the debt as yours, you are forcing them to bring in the original to court by making it clear they are using a photocopy that is "hearsay". The only original is the one you signed.


As always, this blog is not intended to be legal advice and just food for thought. Always seek a local attorney when facing difficult legal decisions.

Filing a motion/lawsuit

Hi Everyone,

I wanted to briefly use this week to mention the following. I know many of you are aware of how the system works. You are aware that notes signed at the closing are often destroyed and copies with our signature securitized/monetized and cashed in either before or after the closing. In many cases due to your account file being sold from one company to another, you have a good feeling that they may not even have your entire file.

Be aware you have a great advantage of knowledge over other people. But also you have to realize if you are going to file a motion or commence a lawsuit, you have to raise arguments supported by the facts.

If you assert fraud, you can't just file a motion saying the "industry cashes in notes, the never lent me money, etc." Based on your specific facts of what happened to you, you can raise the arguments of fraud, material non-disclosure of facts, etc, but they must be specific to your case. The idea is to get the matter before a judge, and when it comes to discovery and production of evidence...thats when they are in for trouble.

As always this is not legal advice but some food for thought. As always seek an attorney to assist you in legal matters.

Paying for items with a Promissory Note/Bill of Exchange

So the topic of last week, can I pay for something with a Bill of Exchange/Promissory Note?

The answer is yes, however the following things you want to consider.

1) You will need to be become a secure party creditor, and I can't stress this enough, you need to complete the additional documents in which you become bonded and put various government agencies on notice. If you don't do the second part, you may run into hot water down the road.

2) Whose documents should you use? To be honest, there are numerous individuals who offer services and their documents. My advice in terms of choosing who to go with for these type of docs, its very simple, just go with the individuals who have already completed these documents before and have successfully discharged debt over a period of time without any reprecussions.

3) Thirdly, how you choose to discharge debt depends on the timing of your specific situation, the location where you are located, and whether you are seeking additional judicial remedies in addition to these administrative steps.



The following information is just opinion and not to be intended as legal advice. Please seek a local attorney in your area for the best advice on how to protect your assets

Going Pro-Se or Using an Administrative Remedy to Resolve Your Foreclosure/Debt Issues

On a regular basis, your office gets a bunch of calls and emails outside of New York on a to ask us what do we recommend you to do prepare if you are going to represent yourself in court or which administrative/legal systems should be used by people to fight their servicing company or lender.

My favorite was a call recently from a guy asking me about “different administrative systems” and which ones do I recommend. You have to realize that likes calling McDonalds and asking them to recommend other places to get a burger.

If you are going to represent yourself, make sure you know the law just as well as the attorneys and understand all the aspects of the mortgage and banking industry. If that is too much for you to handle, you need an attorney. Nuff said.

As far as administrative systems, the best advice I can give you is find one that has proven results, a lot of people as students and one that provides customer support and assistance to your administrative/legal questions. You have to do the research and make sure you are not going to be a victim of a scam. If someone online ad promises they can get rid of your mortgage in 30 days, I would be a little weary. Word of mouth, education, and research go a long way in this area.

The following information is just opinion and not to be intended as legal advice. Please seek a local attorney in your area for the best advice on how to protect your assets

Top Five Craziest Reasons For Being Denied Loan Modifications

These are recent accounts from clients, homeowners, people I run into in my daily travels on why they didn’t get a loan modification. At our office, we are not a loan modification firm and even we hear some crazy almost unbelievable reasons why people couldn’t get a loan modification. Here are few examples of how people are denied loan modifications and how tough it can get:


5) Oil Prices – I chatted with a homeowner who was denied a loan modification. Reasons, the servicing company thought that a homeowner paying $400-600 per oil delivery was too high. Since the servicing company is located in a very warm part of the U.S. where oil is available, such an idea of a New York home needing oil deliveries during the Winter season seemed ridiculous.

4) Food Prices – Servicing company felt money spent by homeowner with a big family for food was too high. Sorry kids, looks like we are going to be eating gruel for a few months during our trial loan modification period.

3) Language Barrier – The servicing company’s loss mitigation company located in South East Asia didn’t understand the requests of the homeowner who actually did speak English.

2) Excessive Holiday Spending - Apparently spending way too much annually during the season of giving may lead you into a denial for a modification. For homeowners, give you coal and fruitcakes, you can at least burn them as a fuel source when you get cold (see reason number 5 above).

1) Dead Spouse: I’ve deal with two clients denied loan modifications after their spouses have unfortunately died. One servicing company didn’t view the death of a spouse as a substantial hardship. The other client who wrote a hardship that she “lost” her husband was misunderstood by the servicing company. They thought the client “physically lost” her husband, like a set of car-keys.


It used to be if you went into foreclosure, your options were either get a loan modification or short-sale your house. Now the loan modification option is now off the table. If facing foreclosure, the key is do something about it…and fast.

The following information is just opinion and for entertainment purposes and not to be intended as legal advice. Please seek a local attorney in your area for the best advice on how to protect your assets

Trial Loan Modifications………Forget It

What is happening lately is another opportunity for the mortgage industry to take advantage of homeowners. Suppose your servicing company or lender offers you a loan modification, they may offer you a loan modification with the promise that you will be given a new contract after a few months if you pay a new monthly fee under the guise of a “trial modification program”. Sometimes they may even ask for an upfront fee such as $10,000 or $20,000 to lock you into a loan modification down the road. They give you hopes you can work out new terms with them. After all, you are just a homeowner/debtor that wants to pay their mortgage and live in peace. They even give you a contract to sign noting your agree to a loan modification.

The reality is that they take your money and put it into a “suspense account” that counts towards absolutely nothing in terms of the debt you owe. Then when you get close to the end of a trial modification period, they suddenly announce to you are not getting the modification. They may also send your account over to a new company which has now taken over servicing the account. All that money you paid into the modification, well that counts for nothing. That new servicing company, guess what, they don’t have to offer you any modification program. What about that contract you signed? Unfortunately a contract is binding if both parties sign it. Would it surprise you that lenders and the servicing companies usually never sign the contract for a modification program. So why do they have to offer you anything, they never agreed to it in writing.

If facing foreclosure, educate yourself and seek competent legal assistance.

The following information is just opinion and not to be intended as legal advice. Please seek a local attorney in your area for the best advice on how to protect your assets

The Truth to Consider when Fighting a Lender or Your Home

If you are like many homeowners that are struggling, you are looking for a magic cure-all pill to get out of debt or to fight the oppressive lender or servicing company that is about to take your home away.

The truth is that there is no magic cure-all to fight the fraud that has been committed against homeowners. There is no guarantee you can stop a foreclosure even when the lenders and servicing companies have broken numerous laws. I’m in court and I see it on regular basis. I see people Pro-Se produce proof of fraud committed on them by lenders and servicing companies, and they still get steam-rolled by the system. Suppose you had a forensic audit that shows RESPA/TILA violations, suppose you have proof they securitized your note shortly after your closing and wiped out your debt, suppose they committed securities fraud; You name it, even some of the worst violations possible and breaches in Federal law do not guarantee you can save your home.

Nothing is a cure-all to stop fraud being committed. Just like you cannot stop someone from committing murder, there is no guarantee you will win in court or through any action to stop them. If you live in an area where the judges are fair and unbiased, you stand a great chance of defending your consumer rights. If not, then you are screwed.

The only comfort I can offer to those reading this is that there are still ways to use commercial law to go after lenders and servicing companies once you have lost your home.

You have to find a way to use the same laws that allow lenders and servicing companies to take your home but instead use it to enforce your consumer rights.

First step is educating yourself about mortgages, foreclosure, how money is created in this country, consumer rights and banking. Knowledge is power.

Second, find other neighbors in your area who are in similar situations. You would be surprised to find out how many people have similar stories to mistreatment and violations of the law by the same lenders or servicing companies you are dealing with on a regular basis.

Third, find a local attorney who can assist you and help you protect your rights. Even if you cannot afford a local attorney, most law schools now have foreclosure/commercial/consumer rights clinics where the law students under the supervision of a law professor will help you for free.

The following information is just opinion and not to be intended as legal advice. Please seek a local attorney in your area for the best advice on how to protect your asset