Legal Resources - EFT (Electronic - Funds - Transfer) Explained
Legal Resources - EFT (Electronic - Funds - Transfer) Explained
Legal Resources - EFT (Electronic - Funds - Transfer) Explained
Usually, before I have anyone begin implementing our EFT discharge methods, I have them watch the advance legal
training videos FIRST. If you have not watched ALL the videos FIRST, then please do so by clicking this link here.
If you have already watched these videos, then please begin to reference the outline and downloadable documents
below. These documents have been created to use at your leisure. Feel free to use them and modify them to suit
your specific situation.
TWO ASSUMPTIONS YOU MUST KEEP IN MIND: (VERY IMPORTANT TO REMEMBER!)
1. ALL loans by banks and public debt are fraud, and easily discharged.
2. ALL roads lead to courtthis is actually good news and easy to manage once you understand the basics. Do
this as if you seriously intend to follow through or dont do it. Thousands are successful at these processes, but it
takes effort. Always let all parties know you are serious about this. The goal is to get you so incredibly equipped with
knowledge, that you have already won the court case before you even set foot inside the court room!
If your discharge instrument if dishonored, it will need to be enforced in such a way as to win nearly every time, even
if you had to take them to court. In most cases, if your follow up letters are done correctly, a full trial will be avoided.
The banks do NOT want this in the public eye, thus they usually crumble if you stick to the plan and follow though
(based on over 500 cases tested to date). This is about attitude, the strength of your belief, and follow up. It is not
dependent on what we say here. Make especially sure that you watch our video regarding, subject matter
jurisdiction that is inside our Advance Training Video #4 which you can watch HERE.
DOWNLOAD PRINT OUT and LITERALLY MEMORIZE THE BILL OF RIGHTS AND KNOW HOW TO
REFERENCE THE CONSTITUTION. It will be the basis of any follow up actions and letters. YOU need to know it well
enough to recite some and look it up when needed. Do NOT leave to others to do for you or you WILL lose.
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PROCESS:
Remember when downloading Right click and SAVE AS to download, (do not double click)
The first document you need to do is draft and have notarized is your AFFIDAVIT OF STATUS CLICK HERE TO
DOWNLOAD
NOT sent with initial EFT, but will be used as an attachment to almost EVERYTHING else you sent to anyone
during the process. This is a simple document that states who you are and will only be filed as part of any legal or
court actions you may take. It is commonly used whenever you want to make a statement of your status. It is NOT
necessary to send with the EFT mailing. It will ONLY be used later to reinforce your follow up letters. Get this
notarized and have copies ready.
The second commonly used document it is the NOTARY PRESENTMENT FORM CLICK HERE TO
DOWNLOAD This is used when mailing correspondence to prove what as sent and give documents more standing in
court. It effectively states what was put in the envelope and send Certified Mail. You prepare everything including the
certified mail card. This may require using a Private Mail Center Notary, who can both sign it and then mail for you on
the spot. The notary is NOT witnessing a signature in this case. Find another Private Mail center if they have any
issue doing this. Of course have copies of everything, and and check online to print out the proof of delivery to add to
your file copy. Treat is as if it is evidence (as it may be). US Certified Mail or FEDEX 2nd day mailing is suggested
confirmed delivery is the key. BE SURE to print out the delivery records online once delivered. This is evidence you
will need in your file.
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USING EFTS OR OTHER INSTRUMENTS TO DISCHARGE EXISTING DEBT:
Blacks Law Definition and Validity us using a CLOSED account: CLICK HERE TO DOWNLOAD.
In order to understand how and EFT functions be sure to review the definitions of open account and a closed account
in the overview. The bottom line is, a close account actually remains active and is only accessible to use within the
treasury system for discharge of current debts (such as unsecured debts, credit cards, auto loans, mortgages, taxes,
student loans, court judgments, government debts, etc). Do NOT make the mistaken assumption however, that an
EFT is the answer to all of your problems. Is just a small part of understanding and utilizing this technology. It is a
discharge instrument, which in many cases works by itself. But you should expect that in most cases it will require
several additional steps and enforcement processes. Be sure you understand what is required each step before
proceeding, because you cannot predict which one is going to be necessary. If you start process and dont complete
it, that is the most likely way to have problems. We do follow it through however, you establish your position, and your
rights to do so. You have been so advised.
To understand the fundamentals of double entry bookkeeping, understand youve only ever seen one side of the
ledger which banks actually use. The rule of thumb is, they must take your instruments youd put through their
account, such as Federal Reserve notes and checks, and deducted from your account. However on the other side of
the ledger they must zero out the account by an equal amount every night at midnight. When there is a close
account, but typical account youre using does not exist but they must still zero the account, thereby crediting your
account with those funds clearing the banking system. They simply get the funds via the treasury system which you
have always had access to, but were never educated on.
Since you are the backer of all the debt, they require to discharge all debts and properly presented. In EFT is a virtual
instant transaction and is required to clear the same day.
Open account.
Discharge acct
-5000.
+5000
When you close acct. The discharge account remains open. Bank must be in business, and routing
number is valid, personal acct, make suture it is closed.
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Keep these rules in mind when using EFTs:
1.
2.
You are NOT buying anything or PAYING anything - You are discharging existing institutional debt.
We have seen ZERO legitimate documented proof that EFTs are illegal BUT if one fails to stand their
ground and fails to follow through. Then all bets are off.
3.
They are well tested in the court under UCC enforcement (using Uniform Commercial Code and Banking
laws), and their rules of discharge instruments.
4.
EFTs are not considered fraud because YOU are authorized singer. Fraud is more likely when an account
is used by non-authorized signatory.
5.
3 Types of accounts exist OPEN ACCOUNT CLOSED ACCOUNT NO ACCOUNT know the
difference. Look them up in Blacks Law. Dont take our word for it.
6.
Results by the hundreds we know of are coming in across country (of various groups doing this who
have reported to us). Titles coming in, car titles, zerod accounts, across the country by groups like ours.
7.
A release of lien takes more steps, such as in a mortgage scenario. After zeroing out the mortgage you
may need to use additional processes such as Accepting the Deed, Quite Title, Court Challenge, etc). Those
steps are taught as a separate module.
8.
Can you discharge the bill for another party/person? It is as easy as writing a check, except you should
be the one prepared to step in and back it up. Dont do so if the person youre working with is not willing to work
with you to learn the process, especially if they do not know the process themselves. You need to take the lead
and be prepared. As stated above, it should be an existing debt, not used for purchase of something. None of this
applies to person-to-person contracts, it only applies to person to Corporation contracts, and those corporations
should be within the banking system (ie: public entities, banks, lending institutions, government agencies, etc).
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LAW ESTABLISHING THIS TYPE OF INSTRUMENT: A tender of the proper amount due, even if rejected,
extinguishes the lien and precludes foreclosure* - See, e.g. Winnett v. Roberts, supra, 179 Cal App.3d 909, 902;
Lichtv v. Whitney, supra, 80 Cal. App.2d 696, 701; see also Code Civ. Proc. SS 2074.)
The court held that a tender of the principal amount without interest was sufficient because the note was usurious
and the creditor was not entitled to receive interest. Do your own research as well.
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Use any personal checking account which has been closed is applicable.
2.
The bank must still be in business, and you should verify that the routing numbers on the check are still
valid for that bank. Any open account will not work. You can simply open and account and close it right away.
3.
Simply use the old checks, or have some new ones printed at a check printer, or print them out on your own
using a valid check printing device.
4.
Use the template given for an EFT below. Do not alter it from the format in the slightest bit. Do it exactly
as shown. The reason being, it is shown the greatest number of successes.
5.
DO NOT ASK the bank to provide new checks directly nor asked them for permission in any of this process.
They probably will tell you youre doing something wrong, because of their misunderstanding of your status. Do
your process and follow through.
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UCC CODES AND REFERENCE AND USE:
Regarding use of verified tender of payment 1-201 general definitions. Look them up and know them before use.
10. CONSPICUOUS
3.
Notary Presentment (see above this verifies what went in the envelope). Send certified mail and obtain
the delivery confirmation for your file at www.usps.com. Wait 30 days follow up letter unless you hear back
sooner. ALWAYS be prepared that this will go to court, by your action and choice. Do not be surprised by anything
they throw back to confuse you, just follow the process. Follow though with every step OR you can count on
failing.
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FIVE SCENARIOS THAT TYPICALLY HAPPEN AFTER SENDING AN EFT (expect this and be prepared to
follow through):
DO NOT proceed unless you have a confident plan for these potential scenarios and are willing to enforce it all the
way. Expect success, but prepare for rejection or one of these things to happen. Do not expect them to help
you discover your discharge power.
Do not act scared, panicked or surprised. Always have the mind set that his is preparation for court. It rarely makes it
that far. When you have the proper attitude and follow through, the other party will take you seriously enough to quit
while theyre ahead. THIS IS ESSENTIAL TO GET IN YOUR MIND.
1.
You may receive evidence debt is gone. Acceptance (about 75% chance is best estimate).
2.
If there is a fatal defect and they actually return original untouched/unaltered instrument. Anything less
IS ACCEPTANCE. They must specifically cite defects you need to correct and return it to you for correction and
re-submission. Must be sent day-after after their receipt or it is too late. Must be back in your hands within 7 days
certified or other provable method.
3.
If you get no response after 30 days. They own-it then as well. It is processed and accepted.
4.
They send a letter to fool you or scare you (very common). Even though they processed it and added it to
their ledger secretly. They are trying to make more digits from you in fraud. Act accordingly.
5.
They reject the payment. To do so they they must state the specific invalid defect. However, under
banking law, a rejection IS still discharge. You sent a valid instrument.NOW start the affidavit and follow up
processonce you know the status, or send a 30 day affidavit either way. ADJUST TIME FRAMES TO IT YOUR
BEST JUDGMENT, DO NOT ASK US TO TO THAT FOR YOU, IT IS YOUR PROCESSOWN IT.
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COMMON EFT REJECTIONS OR DISTRACTION YOU MAY SEE EXPECT one of these to occur:
If they claim you need to send Certified funds? False. they cannot require certain kinds of payment UCC
Section 3-309 and UCC 3-106.
Day after receipt they MUST credit the account and zero their accounts. They must respond by next day for
it to be a valid response. AND it must be back in your hands within 7 daysunaltered.
Alteration if altered in ANY way (holes, markings etc), it is not the ORIGINAL being returned as required.
They have then accepted it. UCC 3-311.
Discharge does not require funds in an account. Only paying on Open accounts does. BANKS get digits
credited if they do process the EFT. Thats it. Done.
Refusal is Discharge they cannot refuse a valid instrument or make a determination it is not valid UCC
3-603
If any of these rules are not complied with, you have a case that the matter was in fact discharged. Act and
respond accordingly, not matter what nonsense they throw at you. STAND YOUR GROUND, OR YOU DO LOSE!
You must prepared to go to court and sue or DO NOT USE EFTs. You will eventually pursue an ultimate Title
42 Suit, if or when they try to deceive or deny you.
You cannot EFT another real person and most small businesses. You can only EFT banks, courts,
government agencies, car loan companies (bank level), Taxes of any kind, credit cards, student loans, etc. Almost
any public institutions tied into the Federal Reserve system.
You cannot EFT 3rd party debt collectors, but they CAN be handled with the debt collector process.
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AFFIDAVITS AND FOLLOW UP PROCESSES:
Identify yourself
Statement of events/facts (simple point by point).
Indicate you witnessed something and who was present.
Has been used for disqualifying judges and prosecutors.
Use LAWFUL NOTIFICATION letters as a follow up to document their
acquiescence and agreement to your position, and state your intent.
Establish foundation for LAW.
Do NOT
1.
2.
3.
4.
Make conjecture
Speculate
Draw conclusions
Present theory
An event occurs
2.
3.
Once notified, a party has 30 days to rebut, item by item or it is not a valid response. Once not rebutted (or
properly addressed item by item), the facts are now undisputed. Too bad for them!
4.
Your initial Affidavit of Status may be used as an attachment to almost everything you send AFTER the
initial EFT is sent. Have multiple copies of this affidavit ready. It is BEST to get one recorded on a public record,
and send copies of that recorded filing, whenever possible.
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EFT follow up steps (letters and other follow up tools)
Review each carefully to see its application to your situation, and edit to fit. Use these up to 30 days after initial EFT
is confirmed as delivered. You will respond with a letter appropriate to your situation as follows.
EFT Response if they try to re-establish the debt CLICK HERE TO DOWNLOAD.
EFT FOR COLLECTION LETTER IF THE TRY TO SEND YOU TO COLLECTIONS CLICK HERE TO
DOWNLOAD.
PREPARE THESE AFFIDAVITS IN ADVANCE, then send along with the appropriate EFT follow up letter above.
Do NOT send with the original EFT. Try to get these recorded and send copies of the recorded versions out
as needed whenever in doubt, send them. Keep your recorded originals.
Affidavit of EFT Outlining every step you have taken this far. (CLICK HERE TO DOWNLOAD)
Affidavit of Security Interest With Attached Bill of Particulars This makes a claim and outlines your actual
cash and labor invested into the asset in dispute. (CLICK HERE TO DOWNLOAD)
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LAWFUL NOTIFICATIONS SENT AROUND 60 DAYS INTO THE PROCESS OR AS NECESSARY, IF AND WHEN
THE CREDITORS DO NOT COOPERATE.
Timing can be adjusted as you need. This is a commonly required step in completing the EFT process or other
collection actions by others. These Lawful Notifications are strong way to put the other parties on notice and can set
you up to win a big suit. can be used to essentially set up the case and scare off many opposing your plan.
Lawful Notification to a banks foreclosure attorney (very effective) CLICK HERE TO DOWNLOAD.
Lawful Notification for a collection attorney or following an EFT CLICK HERE TO DOWNLOAD.
FBI or agent BACK OFF Letter May 22 Just get their ID info and tell them you will correspond in writing.
CLICK HERE TO DOWNLOAD.
After Foreclosure Letter May 17 use to challenge the judgment or as part of wrongful foreclosure suit.
eviction or set up charges against any party who participates. CLICK HERE TO DOWNLOAD.
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MORTGAGE SCENARIOS AND HOW TO MANAGE THESE SITUATIONS:
For quick-stopping of Foreclosures before they happen, see the STOP Foreclosure page for more details.
1. If you are current on your payments*. Do NOT stop payments until YOU make your own decision to do so.
c. Then possibly clear-the-title once you feel it is done (from your perspective)
Clearing the title eliminates all liens after your original purchase date, and gives you an absolutely clean
title. No property tax lien either. It could even potentially get back a house previously lost in foreclosure.
2. You are in default now or facing foreclosure soon. GET DETAILS ON THE STOP OR STALL FORECLOSURE
PAGE.
Including Affidavit Status, Affidavit of EFT, Affidavit of Secured Interest, and file a Lis Pendants (lawsuit
pending).
Do this in the county the property is in. Use enforcement in court or even use a Title 42 suit against
individuals who violate your rights along the way.
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CLEARING LIENS FROM TITLE LAND PATENT & ACCEPT THE DEED PROCESS:
To get started with a Land Patent, you need to prepare.no one else can do this for you.
1. Obtain 2 certified copies of your oldest transfer deed with your name on it (Warranty deed or Grant deed only).
2. Obtain 2 Certified Copies of your Land Patent www.glorecords.blm.gov
3. Full legal description from your property records see the old deed or title documents from the past, or from the
country recorders or assessors office.