Posted 5:34 AM by Creditwrench

Vinny Tecchio conference call for 08.23/2005

Posted 10:25 PM by Creditwrench

Click here to download the special Sony player for these audio files."

We had an extremely interesting meeting yesterday evening. We
discussed a number of things and one of those things that Richard
discussed in detail was the Cornforth strategies Yahoo egroup.

The audio recording of the meeting is posted on the http://j-accuse.blogspot.com blog so that it went out to Carol's group and anyone subscribed to her group or who follows what is posted on the blog.

As promised, I did ask Richard about Chuck Conces and Richard gave his
approval of Chuck and his work. However, I also spoke to him about the
problem of associate referall links which are links that carry a
question mark and then some combination of numbers and or letters and
he is in complete agreement with me that such links should not be
allowed.

Discussion about some other researcher either pro or con is very
acceptable but in general we need to refrain from giving links at all
unless it is to some official state or government or court website, a
media resource or some such thing as that.

This is just common courtesy to the host of whatever forum one might
be in. Posting links to competing websites or forums is just plain
rude since it tends to lead others away from the discussion group and
in many cases the reader who follows the link never comes back.

Another reason it is an unacceptable practice is because search engine
spiders do crawl the egroups and message forums from time to time and
one of the prime things that those spiders are looking for is links.
If that link happens to lead to some web site that the webmaster or
owner or moderator of this forum (for example) disapproves of or which
happens to carry some inappropriate comment or content the spiders
pick that up and the two sites become "associated" with each other.
That is not good.

So in general let's be very sparing with links. If someone wants to go
see what you are referring to they can do a search for that site. If
the site is to an official or otherwise trusted site then fine. No
problem. Obviously the rules or guidelines on that cannot be strictly
enforced because to do so would stifle conversation and turn people
off badly so all I normally intend to do is ask people to use
discretion when posting links to other sites. Links can end up being
very helpful or can have unintended results.

Linking is one of the key issues in search engine optimization and
many webmasters go to great lengths and even pay high prices for links
to the right web sites. Getting mention and linked to one's web site
or blog on another web site or blog can be a big boost for the web
site receiving the incoming link or it can be a very bad thing
publicity wise depending on many factors. Search engine optimization
and linking are extremely important and a subject that I am constantly
studying as well. Content and linking are the two keys to top search
engine rankings. How that content is placed on the page is also very
important but of course I'm not going to worry about that kind of
stuff here in this forum and you folks don't need to worry about it
either.

Anyway, the audio from last night's meeting is on the j-accuse blog
and there is also a link to the proper codec (player) there as well.
The reason I use the Sony dvf format is because it makes extremely
compressed files so uploading and downloading as well as storage space
is kept to a bare minimum. The file is about an hour and a half long
and there was a lot of joking around and laughing for the first few
minutes but once things got settled in it was a great meeting.

Posted 6:53 PM by Creditwrench

Having to move out isn't necessarily the end of the road. It is only over when you give up and you are the only one who can make the decision to do that. And even giving up isn't the only possible outcome. You can stay and help educate others about the mistakes you made and how to avoid them. The first mistake you made was in not knowing about non-judicial foreclosures and making sure you didn't get stuck with one. So lack of knowledge was your first mistake. Give up and just go about your life and you rob others of the knowledge and experience you have. Stick around and maybe start a J-accuse group in your area and work to get the law changed in your state. Work to become a leader in your own right, working to educate lawmakers about
the injustices that are being heaped on innocent people by the legal system. Those are other things you can do to fight back. We can and should fight back in any way we can when we see an injustice being done or about to be done.

I've done that a lot over the years. One of the more notable that I have done was to start the 10th Amendment Group here in Oklahoma and end up helping defeat the push to hand the United Nations a new United States Constitution for it's 50th birthday back in 1996. We didn't win the 10th Amendment fight because the government did an end run around us but we did defeat the CON-CON or Constitutional Convention.

That fight was spearheaded by Sen. Charlie Duke of Colorado and Sen. Don Rogers of Calif. Charlie Duke was the real leader of the two. They alerted people all over the U.S. as to the danger that was about to befall us. They got people who could put together a group in each state to work to deny their state the number of delegates needed to hold a CON-CON.

I and my group stepped up to the plate here in Oklahoma. We made it a hot button issue but we were not alone in the fight. Other groups and lobbyists got into it too. We probably could
not have done it alone but we did our part. Working with other groups all across the nation we managed to prevent the dreaded CON-CON from ever happening.

One of the good things that came out of that effort was starting my
MAGNA CARTA NEWS SERVICE which is still very active to this day.

They got people who could put together a group in each state to work to deny their state the number of delegates needed to hold a CON-CON. I and my group stepped up to the plate here in
Oklahoma. We made it a hot button issue but we were not alone in the fight. Other groups and lobbyists got into it too. We probably could not have done it alone but we did our part. Working with other groups all across the nation we managed to prevent the dreaded CON-CON from
ever happening.

One of the good things that came out of that effort was starting my
MAGNA CARTA NEWS SERVICE which is still very active to this day

Posted 6:45 AM by Creditwrench

--- In Cornforth-Strategies@yahoogroups.com, "charliegirl2005"
wrote:
> I'm starting to be angry now. Something that I wasn't much of
yesterday.
> You know how you can 'feel something' rising up on the inside?
>
> Last night I couldn't sleep so I got my pillow and comforter and
went to the sofa. I thought over
> the events of the day yesterday.

Something like Charlie Brown and his security blanket eh? (LOL)

>
> This is all moot, I realize, UNLESS I decide to strike back and not
throw in the towel.
>
> I have all this paperwork and nowhere to 'fire' it.
> And essentially no gun either, now that we're having to move out.
> Later,
> Charlene
>
Having to move out isn't necessarily the end of the road. It is only
over when you give up and you are the only one who can make the
decision to do that. And even giving up isn't the only possible
outcome. You can stay and help educate others about the mistakes you
made and how to avoid them. The first mistake you made was in not
knowing about non-judicial foreclosures and making sure you didn't get
stuck with one. So lack of knowledge was your first mistake. Give up
and just go about your life and you rob others of the knowledge and
experience you have. Stick around and maybe start a J-accuse group in
your area and work to get the law changed in your state. Work to
become a leader in your own right, working to educate lawmakers about
the injustices that are being heaped on innocent people by the legal
system. Those are other things you can do to fight back. We can and
should fight back in any way we can when we see an injustice being
done or about to be done.

I've done that a lot over the years. One of the more notable that I
have done was to start the 10th Amendment Group here in Oklahoma and
end up helping defeat the push to hand the United Nations a new United
States Constitution for it's 50th birthday back in 1996. We didn't win
the 10th Amendment fight because the government did an end run around
us but we did defeat the CON-Con or Constitutional Convention.

That fight was spearheaded by Sen. Charlie Duke of Colorado and Sen.
Don Rogers of Calif. Charlie Duke was the real leader of the two. They
alerted people all over the U.S. as to the danger that was about to
befall us. They got people who could put together a group in each
state to work to deny their state the number of delegates needed to
hold a CON-CON. I and my group stepped up to the plate here in
Oklahoma. We made it a hot button issue but we were not alone in the
fight. Other groups and lobbyists got into it too. We probably could
not have done it alone but we did our part. Working with other groups
all across the nation we managed to prevent the dreaded CON-CON from
ever happening.

One of the good things that came out of that effort was starting my
MAGNA CARTA NEWS SERVICE which is still very active to this day. In
fact I'll be using it to get as much information as possible out of a
super secret meeting that will take place here in OKC very soon. That
meeting will start the beginning of a very tough fight that will face
a great number of of debtors in the very near future. Getting advance
notice and information about this new threat will be key in fighting
it for a lot of people in the future. Right now I can't even talk
about what that threat is because if I do that I'm going to pull the
trigger that starts the "beast" (LOL)in motion. But one thing I can
tell you is that it is a relatively new trick that lawyers can pull on
you now and in some high stakes cases it is being used with
devastating results. All it is going to take is for a few smart alec
lawyers to find out about it and realize that it can also be used
against debtors in much smaller cases. And the reason I don't want to
talk about it is that I don't want to be the one that tips them off.
>
> http://www.jurisdictionary.com/index.asp?refercode=SC0000000

Now then, what do I have to do to get you to stop advertising
Jurisdictionary in this forum? As you know I do support
Jurisdictionary and I too have an affiliate number but I don't
advertise it in this forum because doing so isn't fair to Richard
Cornforth and this is supposed to be Richard's forum.

We all have to make money however we can but there are some places
where attempting to do so is simply inappropriate and this is one of
them. Please stop it.

Posted 2:16 AM by Creditwrench

An attorney must file an appearance in PA

I might have error in judgment, but I did think it through.

PMT, the trust, collects rents and pays for repairs.

A utility company doing work on the street, put black top
over the vent sewer line, which caused many back up
and thousands in cost.

So I did not pay this bills personally, the PMT trust did.

That was the thinking behind why I filed suit in the trusts
name, it was that trust that absorbed the loss.

Am I wrong here, if I sued personally, I was thinking they would
have it tossed because I was not damaged.

The property is in it's own separate trust.

The trusts are so called constitutional common law contract in trust form
(pure trust)

So I am supposed to be out of the statutory reach, but I might not
be that way in the courts ?

The courts coined the term unincorporated business trust, that was not
my term, but it came the closest to what I use.
Just want to make sure I do not get tossed out on my ear, court is
set for Dec 2005.

Thank you again Bill, Gary



I really don\'t know about corporate law and trusts would fall into the
realm of corporations, LLCs and the like.

Whether or not you did the trust the right way is something I have no
idea about but I do know that many such trusts are bogus and based on
scam ideas. If you did a family or other type trust you would most
likely have hired an attorney to do it for you or you would have at
least registered the trust with some state or other. Maybe you used
one of those offshore trusts. I don\'t know. If your trust was not done
properly or was some kind of offshore trust the IRS will not normally
recognize those. Neither will the courts. But your trust,
unincorporated or otherwise is a non-natural person and in most cases
non-natural persons cannot represente themselves in court but rather
must be represented by an attorney.

In your situation why would you claim that you were before the court
as a trust of any kind? The only way you would do that is if the
trust were being sued or had filed suit against someone else.

The trust is supposed to be a hidey hole so unless the trust were
directly summmoned for some reason you would not even want to mention
that it existed. If the trust was not summoned it would have no reason
to be before the court at all since it would not be a party to the case.

So whether or not you did the right thing would depend on who was
being sued. If the trust were being sued and you wanted to save money
by representing the trust in court then you would have to apply to the
court to do so. If the trust were to be sued you could not represent
the trust without the permission of the court. Only an attorney could
do that and in some states he would have to inform the court by filing
a notice of appearance and in other states the mere filing of a motion

Just want to make sure I do not get tossed out on my ear, court is
set for Dec 2005.

Thank you again Bill,
Gary

I really don't know about corporate law and trusts would fall into the
realm of corporations, LLCs and the like.

Whether or not you did the trust the right way is something I have no
idea about but I do know that many such trusts are bogus and based on
scam ideas.



If you did a family or other type trust you would most
likely have hired an attorney to do it for you or you would have at
least registered the trust with some state or other.

Maybe you used
one of those offshore trusts. I don't know. If your trust was not done
properly or was some kind of offshore trust the IRS will not normally
recognize those. Neither will the courts.

But your trust, unincorporated or otherwise is a non-natural person and in most cases
non-natural persons cannot represente themselves in court but rather
must be represented by an attorney.

In your situation why would you claim that you were before the court
as a trust of any kind? The only way you would do that is if the
trust were being sued or had filed suit against someone else.

The trust is supposed to be a hidey hole so unless the trust were
directly summmoned for some reason you would not even want to mention
that it existed. If the trust was not summoned it would have no reason
to be before the court at all since it would not be a party to the case.

So whether or not you did the right thing would depend on who was
being sued.

If the trust were being sued and you wanted to save money
by representing the trust in court then you would have to apply to the
court to do so. If the trust were to be sued you could not represent
the trust without the permission of the court. Only an attorney could
do that and in some states he would have to inform the court by filing
a notice of appearance and in other states the mere filing of a motion
or an answer or whatever he files serves as his notice of appearance.

That is something else that we need to know about. Does the attorney
have a notice of appearance before the court or does he even need one
in your state. If he needs one then check to see if he did in fact
file one. If multiple attorneys from differing firms show up in a case
does the newly introduced attorney work for the same firm as the first
or has the plaintiff hired a new attorney or what? If a new attorney
enters the case then did he do so correctly? All that is usually
explained in your court\'s rules of procedure and in order to know
those things and more you must be familiar with the rules of civil
procedure and your rules of evidence. They will answer your questions
most of the time. If you aren\'t familiar with them then be prepared to
lose because you probably will.

DeWayne Flint just posted about that in another forum. I posted what
he had to say on the j-accuse blog.

, "Gary D"
wrote:
> Bill - Thank you that was appreciated.
>
> I am here to learn, in 1999 I put everything into
> trusts, that is why I need this case law.
>
> I do not want to have to hire a lawyer for small
> things.
>
> Or are you saying I can not represent the trust ?
>
> Gary




or an answer or whatever he files serves as his notice of appearance.

Posted 8:48 AM by Creditwrench

DeWayne Flint wrote: >

I'm not putting anyone down however, feel the need to respond. Maybe no one posts their wins for fear of sounding like they're bragging. At the risk of doing just that here goes.

Bill Bauer, Richard Cornforth, some good friends I've developed in this war plus a lot of self-study, have personally to this date, prevailed in court 10 times out of 10.

I'm not the sharpest knife in any drawer, couldn't pass the bar on any bet, nor would I want to. The last three times in court were summons' for Confirmation of Arbitration Awards. You know our friends MBNA.

Knowing the rules of evidence saved my bacon.

The 1st of these three after finding for me the judge proceeded to give the lawyer a real posterior chewing to the point his hole below his backbone may have fallen out. He looked sick anyway. Awhile back I accompanied a friend to court on similar action, same attorney saw me and immediately dismissed the action. You want to be a winner, avoid pity parties, search out those who can mentor you properly through your crisis.

Got a judgment, so whuuuut? Void it! If you aren't willing to do what it takes then pay someone who will take the time to do it for you. My mentors have told me the best defense is a countersuit, I follow direction very well. I'm doing that now against a third party debt collector in district court. Will I prevail? Facts: that stupid lazy scum bucket low-life lawyer has not been able to refute anything in my suit.

Someone once said "The Buck Stops Here", where does YOUR buck stop? Rich DeVoss once told me, "People are where they are, because that's where they want to be". All you have to do is develop that deep burning desire to succeed then create the urgency to get it done. Learn just how much power you really have. Maybe that's why someone coined the phrase, "knowledge is power". You have more power than any lawyer or judge all you have to do is use it, or you lose, it's your choice. Use the law against them. It's a lot easier to be a winner.

You don't have to make excuses or justify your loss to a spouse, family, friends or siblings. Tom has given excellent advice.

Research // study on your own. Bill Bauer of Creditwrench has posted here and I can vouch for his guidance, is generous with his time and patience. Richard Cornforth has excellent self-study materials and does teaching seminars. Start your education, you'll find you will have a few or many like minded friends who are "10s". Strive to be a "10", I hope to be.

DF

Posted 3:02 AM by Creditwrench

MBNA takes a 'case' to NAF, pays their fees, gets award (which includes reimbursement of fees). MBNA then gets an attorney to go to a judge to enforce a judgement about the money owed. Then money is paid to MBNA.

***************
I need to give that a little thought. Since the money would not be paid to NAF, I don't see how they ought to be a defendant. . .

MBNA takes a 'case' to NAF, pays their fees, gets award (which includes reimbursement of fees). MBNA then gets an attorney to go to a judge to enforce a judgement about the money owed. Then money is paid to MBNA.

NAF's award is just a tool to get a judge to legally enforce MBNA's collection of money- through payment arrangement, garnishment, seizure of property . . . As I see it, NAF shouldn't be involved as a defendant since after they make the award, they've been paid and go away. The process continues with MBNA and the attorneys.

Reverse the process- A claim is filed to enforce an arbitration award. I will be named as the defendant. The plaintiff will be MBNA, represented by the attorney.

If I'm right, MBNA should be the sole defendant in my vacate award claim, listing the two collection firms as their representatives. NAF is completely out of the picture as a party at this point. The award's been made. . .


Does that make sense? (nothing is construed as legal advice. . . blah blah :)
***************

Tommy, if the accounts you are reporting to the CRA's are not legitimate, then the process is not legitimate. Conversely, if the lenders reported fake accounts to the CRA's reporting that you had defaulted on them, just so they could lower your FICO score and ultimately charge you more interest, would you call that legitimate?
***************
Most of us who have been around the internet message boards such as creditnet, art of credit, creditboards and many more have at least heard of the poster who calls himself "LIZARDKING" and whose real name is James Morrison.
I tangled with him and called him on the carpet a long time ago back on Creditnet because he had taken a copy of John Gliha's so called "million dollar validation letter" and plagerized it calling it his own after having modified it to include several more dumb questons, none of which the debt collectors are required to answer.

It seems that back on Sept 13th, 2004 Morrison sent a letter to Wolpoff & Abramson acting on behalf of MBNA claiming that he intended to file a lawsuit on them for FDCPA and FCRA violations. Morrison, AKA "Lizardking" who has inhabited many different boards is pretty famous for claiming that he has successfully threatened to sue several debt collectors and received substantial settlements from them for his efforts. He has also been kicked off of some message boards as I have been for taking exception to such antics.

The final result seems to be that as he has done so many times in the past, Morrison made some incorrect statements to the court and ended up getting sanctioned for over $1700 in attorney fees by the court.

That should be sufficient warning to all not to listen to some of these xperts no matter how popular they seem to be.

Lizardking isn't the only one having given out bad advice on message boards either.
***************

How would NAF be a defendant? Because I am asking the court to reject the NAF's authority to make an award?
As you know, I'm not an attorney so I could be wrong but it sure seems to me that NAF would be the main defendant if not the only one because of the fact that it is their arbitration forum that you are trying to get injunctive relief against.
***************
This has nothing to do with this forum. It is off topic here. It should be in the chit chat forum.

Is what you are talking about illegal? Yes, it is if you want to get down to brass tacks. It is illegal because it is illegal to provide false information to a credit bureau.

That is all I will say here. If you want to continue the conversation please take it to the chit-chat forum.
***************
I'm not going to say you are either right or wrong.

But who is the principal actor doing the action that you complain of which is arbitration?

Is MBNA doing the actual arbitrating? No, NAF is going to do the act of arbiting.

Is the lawyer doing the actual arbitrating? No, Naf is going to do the act of arbiting.

Whose actions do we demand relief from? MBNA? the lawyer? NAF?

NAF of course because they are going to do the arbitrating.

That's my thinking. Now pick it to pieces.
***************
If you had family members in the lending industry would it be possible for them to add fake accounts to your credit report for the sole purpose of raising the score?
If a 50 Grand tradeline was reported as paid on time for 5 years and paid off, then that would most certainly allow someone the lowest interest rates available. If the person truly wants a better advantage with lower APR's, no down payments, and high credit limits, but uses the credit discretly and pays back every penny on time without defrauding the creditor, how can it be illegal or harmful unless the person were to apply for a big loan and run with the money. If you use this to legitimately save money and pay back the loan, your only bettering your life.

I doubt the saved money from the reduced interest will hurt the lender any. If the lenders only purpose is to charge people as high of interest as possible, then that should be considered capitalism. By adding fake accounts your only preventing the creditors from taking more of your hard earned money. Why settle for a 10% or higher car loan because your credit history isn't long enough, when you could have friends or family add fake accounts and ring in 4% easy. Same for credit cards. Why pay 14.9 when you can pay 1.9?

I fail to see where this is illegal, because you are not defaulting on the loan, running with the property, or depriving the lender of it's rightful payments.
***************
How would NAF be a defendant? Because I am asking the court to reject the NAF's authority to make an award?
***************

Posted 10:56 PM by Creditwrench

Creditwrench Administrator

Join Date: Oct 2004 Posts: 789

---

Posted 8:00 PM by Creditwrench

Posted 2:56 PM by Creditwrench

Topics in this digest:

1. Re: re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: Dru Knight
2. Re: 3rd party debt collector and the National Arbitration Forum
From: "Bill Bauer"
3. Re: re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: "rs"
4. Re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: "Bill Bauer"
5. Re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: "Bill Bauer"
6. Re: 3rd party debt collector and the National Arbitration Forum
From: "eelimak"
7. Re: 3rd party debt collector and the National Arbitration Forum
From: "Bill Bauer" ceo@creditwrench.com

druspews
Message: 2
Date: Tue, 09 Aug 2005 19:23:39 -0000
From: "Bill Bauer"
Subject: Re: 3rd party debt collector and the National Arbitration Forum

If-then arguments may sound logical as yours does but where do we
find the basis for request for validation? We find it in FDCPA, not in
an if-then argument. So what is a request for validation? It is not a
dispute but rather a demand for the information that one needs to
formulate a dispute in the event one might be able to find something
to dispute. A request for validation cannot be considered a dispute
unless it disputes something in particular or contains a statement
that you dispute the debt and each and every part thereof. Disputes
must be accompanied by a reasonable argument stating why you dispute
the debt or some portion thereof and the presentment of some
reasonable argument to support your dispute. Otherwise it will be seen
as nothing more than a ruse to try to get out of paying what you
justly and reasonably owe.

You can argue all the presentments, demands, defaults, notarial
protests and whatever you like and what is going to happen in court is
that the smart-alec lawyer will get up and loudly proclaim that you
got all that junk off the internet and the judge's eyeballs will
suddenly glaze over and roll heavenward. After that it will make
absolutely no difference what you say.

Trying to get judges to understand FDCPA is bad enough, let alone
trying to explain presentments, notary sojaks and other popular
internet arguments.

The only way to win is to present arguments that the judge has a
crying chance of understanding. In order to do that you must
understand the causes of action, the rules of civil procedure and the
rules of evidence.

Anything else is off the wall and out to lunch no matter how good it
may sound.


Dru Knight wrote:
> Bill:
> If everything that we recieve is a
> presentment, then the request for validation is a
> contract offer if written as one and they would
> be in dishonor removing standing? dru


Message: 4
Date: Wed, 10 Aug 2005 16:12:16 -0000
From: "Bill Bauer"
Subject: Re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...

Would you mind telling us which one of
Richard Cornforth's books explains that strategy?


Charlie Girl:
> This is just a thought try filing an invoice
> for the amount of the foreclosure and aking the
> judge to pay it from the court bond or do an
> afv/rfv on any presentment they made to
> you....dru


Message: 6
Date: Wed, 10 Aug 2005 18:55:44 -0000
From: "eelimak"
Subject: Re: 3rd party debt collector and the National Arbitration Forum

Good info Bill, That is my strategy. I have a trial on Friday.


Message: 7
Date: Wed, 10 Aug 2005 20:35:24 -0000
From: "Bill Bauer"
Subject: Re: 3rd party debt collector and the National Arbitration Forum

I do hope that you have filed a good countersuit, made them answer
a good and valid set of admissions and interrogatories as well
as having filed some motions to dismiss such as quite possibly a
motion to dismiss on grounds that the plaintiff is not the party
of real interest. I also hope that you called the "plaintiff" and
asked them if it would be possible to pay the account in full before
you filed the motion so that you knew whether or not they really
were the party of real interest in the case.

Filing a motion on those grounds can be fruitful because it catches
them off balance. Once that motion is filed they have to scurry
around and get a notarized power of attorney or produce the assignment
in order to prove that they are the party of real interest in the case.
It's either that or get their case dismissed for them. They can also
prove that they are the party of real interest by proving that they
bought the note but if they bring the suit in the name of the bank
and they have bought the note and filed in the name of the bank then
it is a false lawsuit. If they bought the note then they have to
file in their own name, not the name of the bank and prove the sale.

That exposes how much they paid for the debt and they usually don't
want to do that very badly either. That can be very embarassing to
them.

How about that affidavit of the supposed expert? Did you question that?

I hope so.

Tell us what motions and courtersuits and the like you filed in the
case. Tell us how you answered the complaint.

Lets see if we can get some learning going on around here.

Posted 12:16 PM by Creditwrench

<>
There are 17 messages in this issue.<>
Topics in this digest:<>
1. Re: .................................. Forum and Calendar CHANGES on www.Richa
From: "Bill Bauer" Jaccuse@blogger.com>
2. Re: non-judicial foreclosure law... MISTAKES SELF CURED
From: "Bill Bauer" Jaccuse@blogger.com>
3. Re: the IRS
From: michelle gross
4. Re: husband intervention
From: "Bill Bauer" Jaccuse@blogger.com>
5. Re: Re: non-judicial foreclosure law... MISTAKES SELF CURED
From: "Carole"
6. re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: "charliegirl2005"
7. 3rd party debt collector and the National Arbitration Forum
From: "jckhly"
8. RE: Re: .................................. Forum and Calendar CHANGES on www.Richa
From: "Scotsman"
9. RE: Re: non-judicial foreclosure law... MISTAKES SELF CURED
From: "Scotsman"
10. Some changes
From: "Bill Bauer" Jaccuse@blogger.com>
11. Re: 3rd party debt collector and the National Arbitration Forum
From: "Bill Bauer" Jaccuse@blogger.com>
12. Re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: "Bill Bauer" Jaccuse@blogger.com>
13. Re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...
From: "Bill Bauer" Jaccuse@blogger.com>
14. RE: 3rd party debt collector and the National Arbitration Forum
From: "George"
15. Re: 3rd party debt collector and the National Arbitration Forum
From: "charliegirl2005"
16. Re: 3rd party debt collector and the National Arbitration Forum
From: "birdlinski1948"
17. RE: Re: 3rd party debt collector and the National Arbitration Forum
From: "George" <>
Message: 1
Date: Sun, 07 Aug 2005 18:59:01 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: .................................. Forum and Calendar CHANGES on www.Richa<>
I have read what you have had to say here and we have spoken
on the phone so I'm not going to go into what we discussed
but rather let you take care of that in your future message(s).<>
--- In Cornforth-Strategies@yahoogroups.com, "Scotsman"
wrote:
> Dear Bill

> Would you consider to assist me as moderator to Cornforth Strategies
eGroup?<>
Yes, I will be happy to work with you and become your moderator.<>

> Also, you mention "Another thing that needs to be understood is that
nothing posted in any Yahoo groups is likely to ever get any listings in any
search engine unless it it ported to the web somehow."
> Have I inadvertently injured Richard by opening the eGroup?
>
No, you have not inadvertently injured Richard by opening this
egroup. There are a few little things that can be done which
will make what you are doing work a lot better. We have discussed
those things and what can be done to improve the situation and
make your efforts even more effective than they already are. <>
As some of you may be well aware, there is another egroup set up
by another staunch supporter of Richard's and that group has
done a pretty fair job to say the least. <>
Carol started something which I later picked up on and turned
into a really great strategy for getting Richard and Jaccuse a
lot more publicity. That strategy is known as a BLOG and is owned
by GOOGLE. The reason that the blogs are so important is that
if you have a good blog and keep it active with fresh content
that content will most likely be found in the search engines
within 24 to 48 hours. Web sites such as Richard's or mine or
anybody else's will not get listed in the search engines for
at least 6 months, often times longer than that and often will
never get a listing in any search engine. Nobody will ever find
them unless they already know where to find them. <>
There are also a great number of search engines that only list
blogs and do not list regular web pages at all. Those engines only
publish what is known as an RSS feed. If you want to see what an
RSS feed looks like simply go to http://j-accuse.blogspot.com/atom.xml
and you will see what an RSS feed looks like. <>
The question then becomes "What are RSS feeds good for and what are
they used for?" There are multiple uses for RSS feeda and their
importance and popularity are growing by leaps and bounds every day.<>
RSS feeds were originally used to feed blog content to what is known
as "aggregators" and the purpose of aggregators is to cut down on the
enormous amount of time it takes to surf the net just to find content
you might be interested in. If you use an aggregator you can surf
hundreds of web pages in a very short time whereas with the browsers
you are all familiar with it takes a huge amount of time to get
anywhere and even after you get there you may wish you had never
bothered because the content isn't what you wanted at all. <>
Now, RSS feeds are growing rapidly in popularity because RSS feeds are
now being ported to MP3 players such as the Ipod and many others and
they are being ported to cellphones as well. So if you have the right
kind of cellphone such as the Motorola V300, the Motorola V600 and
several other models, some of the Siemens models, the Treo 600 and 650
and many, many other web enabled cell phones you can actually read the
blog through the RSS feeds and end up reading what is here in this
forum even if your computer goes belly up. <>
Blogs also have the capability to distribute both audio and video
feeds and although I haven't done any video to speak of yet I do a
lot of audio posts on my blogs. Our j-accuse meetings are recorded
and posted to the blog and you can go to the blog and listen to
Richard Cornforth and our meetings live. Our meetings are held on
the 1st and 3rd Thursdays of each month. <>
Blogs don't wait for Google and other search engines either. They use
what are known as API keys which are a form of "license" and are
actually issued by each search engine. You have to apply for an API
key and what that does is to automatically "force feed" each new
posting to the search engines rather than them having to spider the
blog. That is why good content gets posted into the search engines
so much faster than is possible with a web site that doesn't have
that capability. All the major corporations now have blogs. <>
There is an awful lot more material that really needs to be covered
but it all gets so highly technical that most of the eyeballs here
would simply glaze over and roll heavenward if I were to even
attempt to explain it all. Suffice it to say that what you are posting
here is highly beneficial to Richard Cornforth and his Jaccuse movement. <>
Carol (I don't know her last name) had a Richard Cornforth egroup
and still does. Due to the sudden popularity and activity of this
group she now threatens to shut her group down in favor of this one.
I am begging her not to do that as her group also serves a very
valuable function even though she apparently does not realize how
important her group has been and will continue to be. When she opened
her group she did Richard Cornforth one of the greatest favors
imaginable just as this group is doing and hopefully will continue
to do. Each of you now serve a valuable function. <>
>
> If I have, what can I do to correct that other then bringing the
subject back to his Forum?<>
As it is turning out, you have done a great service to Richard
Cornforth and Jaccuse. Let's just work to make it even greater over
time. As I have said earlier, there are a lot of things that I am
doing to get Richard a lot more publicity and the biggest problem
is getting fresh new content into the blog. I'm going to show you
another trick that I use to get more publicity yet. It is called
a "tag" and is used to get search engine emphasis on any keyword.
It is not something that you folks need to worry about or attempt
to implement as I will take care of all of that. So this is just
another illustration of some of the things I do to help get more
publicity. It is called a Technorati tag. Here is what it looks
like.
Richard Cornforth <>
It can only be used in blogs and not in egroups nor in web pages.
But it sure helps get the attention of search engines in a big hurry.<>
But there is also another very important part of Richard Cornforth
that we are ignoring and that needs to be addressed. <>
Richard is not only about his seminars and his teachings. Richard's
real main goal is Jaccuse and getting his version of Jail For Judges
passed into legislation in every state possible. Judicial Reform
is sorely needed and that is what Richard is really all about. <>
Richard's goal has always been to get people to start their own
Jaccuse group in their own home towns and work to promote Richard's
Jail for judges legislation. Richard has always said he don't care
which state gets the legislation passed first, just so some group
jumps in and gets the job done to get the ball rolling. <>
We need to learn his methods and start our own groups all over the
nation and start teaching Richard's methods to as many people as
possible in our own communities. Richard will gladly help you do
that is you just ask him for his help in starting your own Jaccuse
group in your own home town. <>
Who will step up to the plate and do that?<>
Message: 2
Date: Sun, 07 Aug 2005 20:03:37 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: non-judicial foreclosure law... MISTAKES SELF CURED<>
To the best of my knowledge Richard Cornforth doesn't have any
strategies for dealing with non-judicial foreclosures. I can
only give minimal help on this matter but i can say that Oklahoma
and most other states have that law. It is a very vicious law
and robs the homeowner of any and all legal remedies to stop a
foreclosure. You can argue about standing to sue and all the
rest of the patriot garbage you want but it will all be to no
avail. There are only two possible means that you can use to
defeatthe bank. One of those is to wait until the very last day
and then file a motion to your local court demanding a judicial
review. Most state non-judicial foreclosure states have a
provision in the statute to allow for that. Once that is done
the bank has to prove it's claim and that gives you at least
a crying chance. <>
Lenders in Oklahoma will not use the non-judicial format in their
mortgages because that is exactly what lots of people do when
threatened with a non-judicial foreclosure. They go get an attorney
and find out that they can file a demand for judicial review and
then the bank has to start all over and do it the right way.
Therefore all that non-judicial stuff does is to cost them an
awful lot of extra expense and delay their foreclosure by at
least 90 days. They have had that problem so many times in the
past that they simply won't use the non-judicial foreclosure
statute anymore. <>
The next strategy that will beat most foreclosures is to wait
until the sale has been conducted then attack the sale as having
been defective. That really puts a hitch in their git-along since
the buyer of the property eventually has to be repaid all the
money he paid for the property if the present owner prevails
in his motion to vacate the sale. In any event, it can delay
his possession of the property for months and even years if he
ever actually gets possession of the property he thought he had
purchased. Of course, once you file motion to vacate the sale
you will also want to file a lis pendence on the property to
tie the matter up in court even tighter. Richard Cornforth was
talking about filing lis pendence in our last meeting. <>
You can hear what Richard had to say about lis pendence by
going to http://j-accuse.blogspot.com and scrolling down to
the post for Thursday, August 07 and clicking on the link for
the audio post. You will need to click on the link to download
and install the Sony codec player first because the audio posts
are all in the Sony .dvf format. Once you have installed the
codec you will then be able to listen to the posts. <>
Why the special codec? Because the Sony digital recorder I use
compresses the 3 to 4 hours of audio recording into an extremely
small package of only a few megabytes. If I used a "normal" tape
recorder it would take several tapes and the file would be so
huge that you couldn't download it in a week even with a high
speed connection. The Sony recorder makes it so small that you
only need a few minutes to download even with a 56K connection.
I don't use a 56K dial up but I do use a Motorola V600 cellphone
connected to my laptop via BLUETOOTH rather than by a cable and
that gives me double the speed of a 56k dial up. <>
That is another great technology I use a lot. My laptop and cellphone
can connect to the internet anywhere I go because my pickup has an
external cellphone antenna and a linear amplifier so that gives me
a range of about 300 miles from any cellphone tower. I can go down
the freeway and never lose contact with the internet. The audio
post from the Sony can be downloaded and listened to in only a few
minutes even if the recording is 4 or 5 hours long. It is a free
codec player too just like winamp or Quicktime or any of the others.
And I can feed it to my stereo and listen to it on the stereo too.<>
But I digress. I would say that you need to try to force the
non-judicial foreclosure into a judicial review and then when that
fails to do you any good (which it will) then you wait until the
sale is over and attack the sale as being void for not having
followed all the mandates of a judicial sale. You find out how a
sale must be conducted by reading your rules of civil procedure. <>
The next thing you can expect is that the judge will rule against
your motion to vacate the sale and then you can demand a review of
that decision which will also go against you but then you can file
an appeal and hope to win that way. In the end you will also have
to file motion to vacate the void judgment and you can drag that
through the courts for a long while too. <>
You can end up dragging the thing through the courts until the cows
come home if you want to. I have done several such cases now and
I was inspired to learn how to do that by a guy who has been in
his home fighting them for more than 6 years now and not paying any
payments nor getting kicked out either. <>
You can expect an awful fight out of it if you go in for it but you
can drag it out for many years if you choose to do so. You just have
to learn to never say die. <>
What you can do in your state depends on how the law reads. If it
is set up as it is in most states you can make that guy who claims
to be so proud of what he did as a legislator wish he had never
created such a monster. <>

Message: 3
Date: Sun, 7 Aug 2005 13:06:30 -0700 (PDT)
From: michelle gross
Subject: Re: the IRS<>
Hi Randall,

Thanks for your response. We did not file anything. Apparently, a disgruntled former business partner contact the IRS and told them that we made a bunch of money in those two years that we did not report. Whatever came into our accounts was mostly inheritance money coming from Canada. They got records of all our accounts, even any corporation accounts, and created a Notice of Delinquency out of "thin air". They just lumped everything together in their Notce - corporate and personal. Where can we go from here?

Thanks,
Michelle<>
Randall White wrote:
The following is a starting place in dealing with the IRS. <>
Correct any erroneous W-2’s using the form 4852 and correct and rebut any erroneous 1099’s and file a 1040 return based upon the corrected documents, with the corrected documents attached to the 1040 return. This approach is a proper legal administrative remedy in compliance with Title 26 which does not involve any arguing and is readily accepted by the IRS. <>
If you do not get the desired results within the confines of administrative remedy, then it will be necessary to sue for deprivation of rights.<>
I'm looking for some input regarding a notice of delinquency from the
IRS. The notice is to my husband, a canadian citizen who has been a US
resident for 35 years or so.<>
It's for the years 2001 and 2002. They have gotten info from
Leadenhall Trust in the Bahamas, from Toronto Dominion and from two
Bank of America accouts in the US.<>
Two of the three Leadenhall accounts are in corporate names, one of
the Bank of America accounts is in a corporate name (incorporated in
the state of Delaware) and what business do they have including a
Canadian account in the mix.<>
Can anyone point me in the direction of getting info to respond to
this privately owned, none governmental agency?<>
Appreciate any input!<>
Message: 4
Date: Sun, 07 Aug 2005 20:21:42 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: husband intervention<>
One comment on this is that there are now only a very few community
property states. Maybe 3 to 5 at most. So in the majority of states
the husband cannot be held liable for the debts of the wife nor
vice-versa. In most states they cannot garnish a husband for debts
that the wife created. One thing that we haven't looked into very
much is the possiblility of the husband acting as "next friend" in
order to aid his wife. There has been some talk about that in other
forums such as Vinny Tecchio's conference calls. Vinny is another
close friend of Richard Cornforth's and Richard supports Vinny a
lot and so do I. I have met Vinny Tecchio when he attended a
Richard Cornforth seminar here in Oklahoma City. I also tape
Vinny's conference calls most of the time and put them on my
message board at http://consumers.creditwrench.com <>
Vinny specializes in mortgage related problems and is extremely
knowledgeable when it comes to that kind of thing. Some of what
Vinny talks about on his conference calls are so devastating that
I don't dare put them out in public and only make them available
to my students via my message board and only in the student lounge.
You have to be a student of mine in order to get into the student
lounge because it is password protected. <>
The reason I keep some things so well hidden is that my message board
is infested with debt collectors and debt collection attorneys trying
to find out the latest strategies. If I put out everything I teach
it would soon become absolutely worthless because every debt collector
in the country would know all about it and would immediately know
how to defeat the strategies. That is a major problem with most of the
popular message boards. They put everything they know out on public
display and the debt collectors, their attorneys and the credit
bureaus soon know all about it Not long before it don't work anymore.<>
You say that ultimately the community will have to pay the judgment.
Would you please explain your thinking there?<>
--- In Cornforth-Strategies@yahoogroups.com, "The Handyman"
wrote:
> When a wife applies for a credit card and defaults on payment I
believe the credit card attorney's are starting to sue only the wife
knowing 90% of them can't or won't go into court when the chips are
down. As we know the husband cannot represent the wife because of
their protective system rules. But the husband will be responsible to
pay the debt if reduced to judgment. That is responsibility without
representation. That responsibility must give the husband an interest
in the outcome of the case and a right to intervene as an
indispensable party. At least that is the way I see it. They are in a
community property state and ultimately the community will have to pay
the judgment so why can't the husband intervene? He is part of the
community? Surely this must be a problem elsewhere? Is there a solution?<>
Message: 5
Date: Sun, 7 Aug 2005 16:39:47 -0500
From: "Carole"
Subject: Re: Re: non-judicial foreclosure law... MISTAKES SELF CURED<>
Hi Bill,
Below is very interesting to me as I have no service on my
cellphone within my home and its in and out beyond 50 feet from my home.
Would you clarify the highlighted text? and tell me what I would need to
purchase to have better service. I have T-Mobile, but tried several
others and had the same problem. I live in a semi-rural area that is
booming right now with new housing but still not enough cell towers.
I have solved another problem that I had. I wanted to record
conference calls of differing lengths, one of which is over 4 hours. I
didn't like fooling with the tape recorder. I found an Olympus Digital
Recorder VN480PC for $59.95 that records up to 8 hours and a telephone
recording device from Radio Shack for 24.95 and then found a program
StepVoice for 14.95 that allows you to bring in any recording to your PC
and converts it to MP3 while it is transferring it. Good sound transfer
too. You need to make sure that you get the right audio cord for
transferring to the PC - I had trouble with the sound until I found the
right cord at Radio Shack for 3.95. Thanks, Carole<>
You said:

<>
That is another great technology I use a lot. My laptop and cellphone
can connect to the internet anywhere I go because my pickup has an
external cellphone antenna and a linear amplifier so that gives me
a range of about 70 miles from any cellphone tower. I can go down
the freeway and never lose contact with the internet. The audio
post from the Sony can be downloaded and listened to in only a few
minutes even if the recording is 4 or 5 hours long. It is a free
codec player too just like winamp or Quicktime or any of the others.
And I can feed it to my stereo and listen to it on the stereo too.<>
[This message contained attachments]<>
Message: 6
Date: Sun, 7 Aug 2005 16:45:11 -0500
From: "charliegirl2005"
Subject: re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...<>
Hi all,<>
INFO: the sale took place over a year ago, 4-14-04.
Under FOIA/PA I have all the paperwork that supports the pleading. <>
I have copied and pasted the statutory non-judicial foreclosure law (below) for anyone who cares to read it.<>
Our pleading is as follows (not a direct quote):<>
Since mine is a federally related mortgage, there must be an order from the Sec. of HUD to foreclose
or the foreclosing party must be appointed a foreclosure commissioner. (12USC Ch. 38a sec. 3753
3755(a)(1)<>
Secondarily, Servicer's have no equitable interest. Servicer fraudulently foreclosed.
Cambridge. Mort. V. Freddie Mac. <>
They are as a servicer, in violation of certain provisions of Act 554 of the Arkansas 2003 Legislature <>
which says in part: <>
THIS IS A DIRECT QUOTE:
"Midland fraudulently represented themselves to the court by and through their counsel, Wilson & Assoc.,
first that they had standing to foreclose as though they owned the mortgage note. Midland has violated
the "prohibited activities" clause of Act 554 of the 2003 Arkansas legislature, being bound to and by
it as a servicer (lic. # 10461) pursuant to the regulations of the Securities and Exchange Commission:<>
(7) In connection with the advertisement, solicitation, brokering, making servicing, purchase, or sale of
any mortgage loan, to engage in any transaction, practice, or course of business that is not in good
faith or fair dealing, that is misleading, or deceptive, or that constitutes a fraud upon any person."<>
My lawyer says they are going to claim I should have brought all this up BEFORE the sale.
(and ask, "Why didn't you hire a lawyer?")<>
The only answer I can think of might be:<>
"I believed that once the court discovered the truth about the fraudulent nature of the
non-judicial foreclosure action of the bank, I had confidence the court would do the right thing."<>
Frankly, I am very discouraged about the whole thing. I have researched and researched,
read until my eyes are falling out of their sockets; I admit I've had some very intelligent and well read
people giving me information to look at and encouraging me to read it for myself, but since this group
was my last good and best hope, I am at the point of throwing in the towel, since reading Mr. Bauer's answer:<>
"To the best of my knowledge Richard Cornforth doesn't have any
strategies for dealing with non-judicial foreclosures.
I can only give minimal help on this matter but i can say that Oklahoma
and most other states have that law. It is a very vicious law
and robs the homeowner of any and all legal remedies to stop a
foreclosure. You can argue about standing to sue and all the
rest of the patriot garbage you want but it will all be to no
avail. There are only two possible means that you can use to
defeat the bank. One of those is to wait until the very last day
and then file a motion to your local court demanding a judicial
review. Most state non-judicial foreclosure states have a
provision in the statute to allow for that. Once that is done
the bank has to prove it's claim and that gives you at least
a crying chance."<>
If I'd had some knowledgeable help in the beginning by someone who KNEW this non-judicial
foreclosure business, then I might have had a fighting chance. I guess there are just some things
that cannot be fixed.
Charlene<>
ARKANSAS' NON-JUDICIAL FORECLOSURE LAW<>
18-50-101. Definitions.<>
As used in this chapter:
(1) "Beneficiary" means the person named or otherwise designated in a deed of trust as the person for whose benefit a deed of trust is given or his successor in interest; <>
(2) "Deed of trust" means a deed conveying real property in trust to secure the performance of an obligation of the grantor or any other person named in the deed to a beneficiary and conferring upon the trustee a power of sale for breach of an obligation of the grantor contained in the deed of trust; <>
(3) "Grantor" means the person conveying an interest in real property by a mortgage or deed of trust as security for the performance of an obligation; <>
(4) "Mortgage" means the grant of an interest in real property to be held as security for the performance of an obligation by the mortgagor or other person; <>
(5) "Mortgage company" means any private, state, or federal entity which in the usual course of its business is either the mortgagee or beneficiary of a deed of trust or mortgage; <>
(6) "Mortgagee" means the person holding an interest in real property as security for the performance of an obligation or his or her attorney-in-fact appointed pursuant to this chapter; <>
(7) "Mortgagor" means the person granting an interest in real property as security for the performance of an obligation; <>
(8) "Sale" means the public auction conducted pursuant to § 18-50-107 and shall be deemed concluded when the highest bid is accepted by the person conducting the sale; <>
(9) "Trust property" means the property encumbered by a mortgage or deed of trust; and <>
(10) "Trustee" means any person or legal entity to whom legal title to real property is conveyed by deed of trust or his or her successor in interest. <>
History. Acts 1987, No. 53, § 1; 1989, No. 532, § 1; 1999, No. 983, § 1.<>

18-50-102. Qualifications of trustee - Appointment of successor trustee.<>
(a) A trustee of a deed of trust shall be any:
(1) Attorney who is an active licensed member of the Bar of the Supreme Court of the State of Arkansas or law firm among whose members includes such an attorney; <>
(2) Bank or savings and loan association authorized to do business under the laws of Arkansas or those of the United States; <>
(3) Corporation which is an affiliate of a bank or savings and loan association authorized to do business under the laws of Arkansas or those of the United States, which is either an Arkansas bank or a registered out-of-state bank, as the terms are defined under § 23-45-102, which maintains a branch in the State of Arkansas; or <>
(4) Agency or authority of the State of Arkansas where not otherwise prohibited by law. <>
(b)(1) The beneficiary may appoint a successor trustee at any time by filing a substitution of trustee for record with the recorder of the county in which the trust property is situated. <>
(2) The new trustee shall succeed to all the power, duties, authority, and title of the original trustee and any previous successor trustee. <>
(3) The beneficiary may, by express provision in the substitution of a trustee, ratify and confirm actions taken on its behalf by the new trustee prior to the recording of the substitution of the trustee. <>
(c) The substitution shall identify the deed of trust by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number. The substitution shall also state the name of the new trustee and shall be executed and duly acknowledged by all the beneficiaries or their successors in interest. <>
(d) A mortgagee may delegate his or her powers and duties under this chapter to an attorney-in-fact, whose acts shall be done in the name of and on behalf of the mortgagee. The qualifications for an attorney-in-fact shall be the same as those for a trustee. <>
(e) The appointment of an attorney-in-fact by a mortgagee shall be made by a duly executed, acknowledged, and recorded power of attorney, which shall identify the mortgage by stating the names of the original parties thereto, the date of recordation, and the book and page where recorded or the recorder's document number. <>
(f) A substitution of trustee or power of attorney shall be recorded before any trustee's or mortgagee's deed executed by the substituted trustee or attorney-in-fact is recorded. <>
History. Acts 1987, No. 53, § 2; 1989, No. 532, § 2; 1999, No. 983, § 2; 2003, No. 1303, § 2.<>
18-50-103. Conditions to exercise of power.<>
A trustee or mortgagee may not sell the trust property unless:
(1) The deed of trust or mortgage is filed for record with the recorder of the county in which the trust property is situated; <>
(2) There is a default by the mortgagor, grantor, or other person owing an obligation, the performance of which obligation is secured by the mortgage or deed of trust or by their successors in interest with respect to any provision in the mortgage or deed of trust that authorizes sale in the event of default of the provision; <>
(3) The mortgagee, trustee, or beneficiary has filed for record with the recorder of the county in which the trust property is situated a duly acknowledged notice of default and intention to sell containing the information required by § 18-50-104; <>
(4) No action has been instituted to recover the debt or any part of it secured by the mortgage or deed of trust or, if such action has been instituted, the action has been dismissed; and <>
(5) A period of at least sixty (60) days has elapsed since the recording of the notice of default and intention to sell. <>
History. Acts 1987, No. 53, § 3; 1999, No. 983, § 3.<>
18-50-104. Contents of notice - Persons to receive notice.<>
(a) The mortgagee's or trustee's notice of default and intention to sell shall set forth:
(1) The names of the parties to the mortgage or deed of trust; <>
(2) A legal description of the trust property and, if applicable, the street address of the property; <>
(3) The book and page numbers where the mortgage or deed of trust is recorded or the recorder's document number; <>
(4) The default for which foreclosure is made; <>
(5) The mortgagee's or trustee's intention to sell the trust property to satisfy the obligation, including in conspicuous type a warning as follows: "YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION"; and <>
(6) The time, date, and place of sale. <>
(b) The mortgagee's or trustee's notice of default and intention to sell shall be mailed within thirty (30) days of the recording of the notice by certified mail, postage prepaid and by first class mail, postage prepaid, to the address last known to the mortgagee or the trustee or beneficiary of the following persons: <>
(1) The mortgagor or grantor of the deed of trust; <>
(2) Any successor in interest to the mortgagor or grantor whose interest appears of record or whose interest the mortgagee or the trustee or beneficiary has actual notice; <>
(3) Any person having a lien or interest subsequent to the interest of the mortgagee or trustee when that lien or interest appears of record or when the mortgagee, the trustee, or the beneficiary has actual notice of the lien or interest; and <>
(4) Any person requesting notice, as provided in § 18-50-113. <>
(c) The disability, incapacity, or death of any person to whom notice must be given under this section shall not delay or impair in any way the mortgagee's or trustee's right to proceed with a sale, provided that the notice has been given in the manner required by this section to the guardian or conservator or to the administrator or executor, as the case may be. <>
History. Acts 1987, No. 53, § 4; 1999, No. 983, § 4.<>
18-50-105. Publication of notice.<>
The mortgagee or trustee shall publish the notice:
(1) In a newspaper of general circulation in the county in which the trust property is situated or in a newspaper of general statewide daily publication one (1) time a week for four (4) consecutive weeks prior to the date of sale. The final publication shall be no more than ten (10) days prior to the sale; <>
(2) By employing a third-party posting provider to post notice at the place at the county courthouse where foreclosure sales are customarily advertised and conducted; and <>
(3) By employing a third-party Internet foreclosure sale notice information service provider. <>
History. Acts 1987, No. 53, § 5; 1989, No. 532, § 3; 1999, No. 983, § 5; 2001, No. 1196, § 1.<>
18-50-106. Trustee's affidavit.<>
On or before the date the mortgagee or trustee conducts the sale, a duly acknowledged affidavit of mailing and publication of the notice of default and intention to sell shall be filed for record with the recorder of the county in which the trust property is situated. <>
History. Acts 1987, No. 53, § 6.<>
18-50-107. Manner of sale.<>
(a) The sale shall be held on the date and at the time and place designated in the notice of default and intention to sell, except that the sale shall:
(1) Be held between 9:00 a.m. and 4:00 p.m.; <>
(2) Be held either at the premises of the trust property or at the front door of the county courthouse of the county in which the trust property is situated; and <>
(3) Not be held on a Saturday, Sunday, or a legal holiday. <>
(b)(1)(A) Any person, including the mortgagee and the beneficiary, may bid at the sale. <>
(B) The trustee may bid for the beneficiary but not for himself or herself. <>
(2) The mortgagee or trustee shall engage a third party to conduct the sale and act at the sale as the auctioneer of the mortgagee or trustee. <>
(3) No bid shall be accepted that is less than two-thirds (2/3) of the entire indebtedness due at the date of sale. <>
(c)(1) The person conducting the sale may postpone the sale from time to time. <>
(2)(A) In every such case, notice of postponement shall be given by: <>
(i) Public proclamation thereof by that person; or <>
(ii) Written notice of postponement posted at the time and place last appointed for the sale. <>
(B)(i) No other notice of the postponement need be given unless the sale is postponed for longer than thirty (30) days beyond the date designated in the notice. <>
(ii) In that event, notice thereof shall be given pursuant to § 18-50-104. <>
(d)(1) Unless otherwise agreed to by the trustee or mortgagee, the purchaser shall pay at the time of sale the price bid. <>
(2) Interest shall accrue on any unpaid balance of the price bid at the rate specified in the note secured by the mortgage or deed of trust. <>
(3) Within ten (10) days after the sale, the mortgagee or trustee shall execute and deliver the trustee's deed or mortgagee's deed to the purchaser. <>
(4) The mortgagee or beneficiary shall receive a credit on its bid for: <>
(A) The amount representing the unpaid principal owed; <>
(B) Accrued interest as of the date of the sale; <>
(C) Advances for the payment of taxes, insurance, and maintenance of the trust property; and <>
(D) Costs of the sale, including reasonable trustee's and attorney's fees. <>
(e)(1) The purchaser at the sale shall be entitled to immediate possessionof the property. <>
(2)(A) Possession may be obtained by filing a complaint in the circuit court of the county in which the property lies and attaching a copy of the recorded trustee's or mortgagee's deed, whereupon the purchaser shall be entitled to an ex parte writ of assistance. <>
(B) Alternatively, the purchaser may bring an action for forcible entry and detainer pursuant to § 18-60-301 et seq. <>
(C) In either event, the provisions of § 18-50-116(d) shall apply. <>
History. Acts 1987, No. 53, § 7; 1999, No. 983, §§ 6, 7.<>
18-50-108. Effect of sale.<>
(a)(1) A sale made by a mortgagee or trustee shall foreclose and terminate all interest in the trust property of all persons to whom notice is given under § 18-50-104 and of any other person claiming by, through, or under the person. A failure to give notice to any person entitled to notice shall not affect the validity of the sale as to persons notified.
(2) A person entitled to notice, but not given notice, shall have the rights of a person not made a defendant in a judicial foreclosure. <>
(b) A sale shall terminate all rights of redemption, and no person shall have a right to redeem the trust property after a sale, notwithstanding that the deed to and possession of the trust property have yet to be delivered. <>
(c)(1) No notice shall be required to be given to any person claiming an interest subsequent to the filing of the notice of default and intention to sell as set forth in § 18-50-103(3). <>
(2) The filing of the notice of default and intention to sell shall have the same force and effect as the filing of a lis pendens in a judicial proceeding. <>
History. Acts 1987, No. 53, § 8; 1999, No. 983, § 8.<>
18-50-109. Disposition of proceeds of sale.<>
The trustee or mortgagee shall apply the proceeds of the sale as follows:
(1) To the expenses of the sale, including compensation of the trustee or mortgagee and a reasonable fee by the attorney; <>
(2) To the indebtedness owed; <>
(3) To all persons having recorded liens subsequent to the interest of the trustee or mortgagee as their interests may appear in the order of the priority; and <>
(4) The surplus, if any, to the grantor of the trust deed or to the successor in interest of the grantor entitled to the surplus. <>
History. Acts 1987, No. 53, § 9.<>
18-50-111. Form and effect of trustee's or mortgagee's deed.<>
(a)(1) The trustee's or mortgagee's deed shall contain recitals of compliance with the requirements of this chapter relating to the exercise of the power of sale and sale of the trust property, including recitals concerning mailing and publication of notice of default and intention to sell and the conduct of the sale.
(2) Upon the filing of the deed for record with the recorder of the county in which the trust property is situated, the recitals shall be prima facie evidence of the truth of the matters set forth therein, but the recitals shall be conclusive in favor of a purchaser for value in good faith relying upon them. <>
(b) The trustee's or mortgagee's deed shall convey to the purchaser all right, title, and interest in the trust property the mortgagor or grantor had or had the power to convey at the time of the execution of the mortgage or deed of trust, together with all right, title, and interest in the mortgagor or grantor or their successors in interest acquired after the execution of the mortgage or deed of trust, and the conveyance shall be deemed effective and relate back to the time of the sale. <>
History. Acts 1987, No. 53, § 11; 1999, No. 983, § 10.<>
18-50-112. Deficiency judgment.<>
(a)(1) At any time within twelve (12) months after a sale under this chapter, a money judgment may be sought for the balance due upon the obligation for which a mortgage or deed of trust was given as security.
(2) In such action, the plaintiff shall set forth in his or her complaint, and shall have the burden of proving, the entire amount of indebtedness which was secured by the mortgage or deed of trust, the amount for which the trust property was sold, and the fair market value of the trust property at the date of sale, together with interest from the date of sale, costs, and attorney's fees. <>
(b) Judgment shall not exceed the lesser of the following: <>
(1) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the fair market value of the trust property; or <>
(2) The amount for which the indebtedness due at the date of sale, with interest from the date of sale, costs, and trustee's and attorney's fees, exceeds the amount for which the trust property was sold. <>
History. Acts 1987, No. 53, § 12.<>
18-50-113. Request for notice.<>
(a) At any time subsequent to the recordation of a mortgage or deed of trust and prior to a recording of a notice of default and intention to sell under the mortgage or deed, any person desiring a copy of any such notice may file for record with the recorder of the county where the trust property is situated a duly acknowledged request for a copy of any notice of default and intention to sell.
(b) The request shall contain the name and address of the person requesting a copy of the notice and shall identify the mortgage or deed of trust by stating the names of the parties thereto, the date of recordation of the mortgage or deed, the book and page number where the mortgage or deed is recorded, or the recorder's document number. <>
(c) The recorder shall index the request so that the name of the mortgagor or of the grantor in the deed of trust is indexed as the grantor and the name of the requesting party is indexed as the grantee. <>
(d) No request, statement, or notation placed on record pursuant to this section shall affect the title to the trust property or be deemed notice to any person that any person so recording the request has any right, title, or interest in or lien or charge upon that property. <>
History. Acts 1987, No. 53, § 13.<>
18-50-114. Reinstatement of mortgage or deed of trust.<>
(a)(1) Whenever all or a portion of the principal sum of any obligation secured by a mortgage or deed of trust, prior to the maturity date fixed in such obligation, has become due or has been declared due by reason of a breach or default in the performance of any obligation secured by the mortgage or deed of trust, including a default in the payment of interest or of any installment of principal, or by reason of a failure of the grantor to pay, in accordance with the terms of the mortgage or deed of trust, taxes, assessments, premiums for insurance, or advances made by the mortgagee or beneficiary in accordance with the terms of such obligation or of such mortgage or deed of trust, then the mortgagor or grantor or their successors in interest in the trust property may pay, at any time subsequent to the filing for record of a notice of default and intention to sell and prior to the sale, to the mortgagee or beneficiary or their successor in interest the entire amount then due under the terms of such mortgage or deed of trust, including costs and expenses actually incurred in enforcing the terms of the obligation and mortgage or deed of trust, and trustee's and attorney's fees other than that portion of the principal which would not then be due had no default occurred, and thereby cure the default theretofore existing.
(2) Thereupon, all proceedings under this chapter theretofore had or instituted shall be dismissed or discontinued, and the obligation and mortgage or deed of trust shall be reinstated and shall be and remain in force and effect, the same as if no acceleration had occurred. <>
(b) If the default is cured and the mortgage or deed of trust reinstated in the manner provided in this section, the mortgagee, beneficiary, or their successors in interest shall file for record with the recorder of the county in which the trust property is situated a duly acknowledged cancellation of the recorded notice of default and intention to sell under such mortgage or deed of trust. <>
History. Acts 1987, No. 53, § 14.<>
18-50-115. Implied powers in mortgages.<>
(a)(1) Subject to the provisions of § 18-50-114 and notwithstanding the terms of the mortgage, a power of sale is implied in every mortgage of real property situated in this state that is duly acknowledged and recorded.
(2) The exercise of the implied power of sale shall be pursuant to the provisions of this chapter. <>
(b) A mortgagor and his or her successor in interest shall have the rights and duties of a grantor, and a mortgagee and his or her successor in interest shall have the rights and duties of a trustee and a beneficiary. <>
(c) The mortgagee shall comply with §§ 18-50-103 - 18-50-107, 18-50-109, and 18-50-110 [repealed], and the mortgagee's deed shall comply with § 18-50-111. <>
History. Acts 1987, No. 53, § 15.<>
18-50-116. Miscellaneous provisions.<>
(a) The procedures set forth in this chapter for the foreclosure of a mortgage or deed of trust shall not impair or otherwise affect the right to bring a judicial action to foreclose a mortgage or deed of trust.
(b) A notice of default and intention to sell shall be filed within the time the foreclosure of the mortgage or deed of trust by judicial action could have been commenced. <>
(c) The procedures set forth in this chapter shall apply only if the mortgagee or beneficiary is a mortgage company as defined in § 18-50-101 or is a bank or savings and loan. This chapter shall not apply to a mortgage or a deed of trust encumbering trust property used primarily for agricultural purposes. <>
(d) Nothing in this chapter shall be construed to: <>
(1) Create an implied right of redemption in favor of any person; or <>
(2)(A) Impair the right of any person or entity to assert his or her legal and equitable rights in a court of competent jurisdiction. <>
(B) Provided, however, that any such claim or defense shall be asserted prior to the sale or be forever barred and terminated. <>
(e)(1) At any time prior to the delivery of the trustee's or mortgagee's deed, the trustee or mortgagee shall be authorized to set aside a sale conducted pursuant to this chapter by declaring the sale null and void and returning the purchase price to the highest bidder without any further liability to the bidder. <>
(2) In this event, the trustee or mortgagee shall file an affidavit declaring the sale null and void with the recorder of the county in which the trust property is located, and all terms and provisions of the mortgage or deed of trust shall be revived and reinstated as if no sale had occurred. <>
History. Acts 1987, No. 53, § 16; 1989, No. 532, § 4; 1999, No. 983, §§ 11, 12.<>
18-50-117. Foreign corporations and other entities.<>
No person, firm, company, association, fiduciary, or partnership, either domestic or foreign, shall avail themselves of the procedures under this chapter unless authorized to do business in this state. <>
History. Acts 2003, No. 1303, § 1.<>
[This message contained attachments]<>
Message: 7
Date: Sun, 07 Aug 2005 22:37:05 -0000
From: "jckhly"
Subject: 3rd party debt collector and the National Arbitration Forum<>
<>A 3rd party credit card debt collector sez it bought FNANB's account and
is going to enforce a mandatory arbitration agreement using NAF. It set up
a claim with NAF.
Can you suggest any arguments against this action specific to a 3rd party
company that purchases an account with an arbitration clause in it?
jack714@surfside.net

Message: 8
Date: Sun, 7 Aug 2005 19:28:38 -0400
From: "Scotsman"
Subject: RE: Re: .................................. Forum and Calendar CHANGES on www.Richa
I just got in and am going to google right now.<>
-----Original Message-----
From: Cornforth-Strategies@yahoogroups.com
[mailto:Cornforth-Strategies@yahoogroups.com] On Behalf Of Bill Bauer
Sent: Sunday, August 07, 2005 2:59 PM
To: Cornforth-Strategies@yahoogroups.com
Subject: [Cornforth-Strategies] Re: .................................. Forum
and Calendar CHANGES on www.Richa<>
I have read what you have had to say here and we have spoken
on the phone so I'm not going to go into what we discussed
but rather let you take care of that in your future message(s).<>
--- In Cornforth-Strategies@yahoogroups.com, "Scotsman"
wrote:
> Dear Bill

> Would you consider to assist me as moderator to Cornforth Strategies
eGroup?<>
Yes, I will be happy to work with you and become your moderator.<>


No, you have not inadvertently injured Richard by opening this
egroup. There are a few little things that can be done which
will make what you are doing work a lot better. We have discussed
those things and what can be done to improve the situation and
make your efforts even more effective than they already are. <>
As some of you may be well aware, there is another egroup set up
by another staunch supporter of Richard's and that group has
done a pretty fair job to say the least. <>
Carol started something which I later picked up on and turned
into a really great strategy for getting Richard and Jaccuse a
lot more publicity. That strategy is known as a BLOG and is owned
by GOOGLE. The reason that the blogs are so important is that
if you have a good blog and keep it active with fresh content
that content will most likely be found in the search engines
within 24 to 48 hours. Web sites such as Richard's or mine or
anybody else's will not get listed in the search engines for
at least 6 months, often times longer than that and often will
never get a listing in any search engine. Nobody will ever find
them unless they already know where to find them. <>
There are also a great number of search engines that only list
blogs and do not list regular web pages at all. Those engines only
publish what is known as an RSSS feed. If you want to see what an
RSS feed looks like simply go to http://j-accuse.blogspot.com/atom.xml
and you will see what an RSS feed looks like. <>
The question then becomes "What are RSS feeds good for and what are
they used for?" There are multiple uses for RSS feeds and their
importance and popularity are growing by leaps and bounds every day.<>
RSS feeds were originally used to feed blog content to what is known
as "aggregators" and the purpose of aggregators is to cut down on the
enormous amount of time it takes to surf the net just to find content
you might be interested in. If you use an aggregator you can surf
hundreds of web pages in a very short time whereas with the browsers
you are all familiar with it takes a huge amount of time to get
anywhere and even after you get there you may wish you had never
bothered because the content isn't what you wanted at all. <>
Now, RSS feeds are growing rapidly in popularity because RSS feeds are
now being ported to MP3 players such as the Ipod and many others and
they are being ported to cellphones as well. So if you have the right
kind of cellphone such as the Motorola V300, the Motorola V600 and
several other models, some of the Siemens models, the Treo 600 and 650
and many, many other web enabled cell phones you can actually read the
blog through the RSS feeds and end up reading what is here in this
forum even if your computer goes belly up. <>
Blogs also have the capability to distribute both audio and video
feeds and although I haven't done any video to speak of yet I do a
lot of audio posts on my blogs. Our j-accuse meetings are recorded
and posted to the blog and you can go to the blog and listen to
Richard Cornforth and our meetings live. Our meetings are held on
the 1st and 3rd Thursdays of each month. <>
Blogs don't wait for Google and other search engines either. They use
what are known as API keys which are a form of "license" and are
actually issued by each search engine. You have to apply for an API
key and what that does is to automatically "force feed" each new
posting to the search engines rather than them having to spider the
blog. That is why good content gets posted into the search engines
so much faster than is possible with a web site that doesn't have
that capability. All the major corporations now have blogs. <>
There is an awful lot more material that really needs to be covered
but it all gets so highly technical that most of the eyeballs here
would simply glaze over and roll heavenward if I were to even
attempt to explain it all. Suffice it to say that what you are posting
here is highly beneficial to Richard Cornforth and his Jaccuse movement. <>
Carol (I don't know her last name) had a Richard Cornforth egroup
and still does. Due to the sudden popularity and activity of this
group she now threatens to shut her group down in favor of this one.
I am begging her not to do that as her group also serves a very
valuable function even though she apparently does not realize how
important her group has been and will continue to be. When she opened
her group she did Richard Cornforth one of the greatest favors
imaginable just as this group is doing and hopefully will continue
to do. Each of you now serve a valuable function. <>

> If I have, what can I do to correct that other then bringing the
subject back to his Forum?<>
As it is turning out, you have done a great service to Richard
Cornforth and Jaccuse. Let's just work to make it even greater over
time. As I have said earlier, there are a lot of things that I am
doing to get Richard a lot more publicity and the biggest problem
is getting fresh new content into the blog. I'm going to show you
another trick that I use to get more publicity yet. It is called
a "tag" and is used to get search engine emphasis on any keyword.
It is not something that you folks need to worry about or attempt
to implement as I will take care of all of that. So this is just
another illustration of some of the things I do to help get more
publicity. It is called a Technorati tag. Here is what it looks
like.
Richard Cornforth <>
It can only be used in blogs and not in egroups nor in web pages.
But it sure helps get the attention of search engines in a big hurry.<>
But there is also another very important part of Richard Cornforth
that we are ignoring and that needs to be addressed. <>
Richard is not only about his seminars and his teachings. Richard's
real main goal is Jaccuse and getting his version of Jail For Judges
passed into legislation in every state possible. Judicial Reform
is sorely needed and that is what Richard is really all about. <>
Richard's goal has always been to get people to start their own
Jaccuse group in their own home towns and work to promote Richard's
Jail for judges legislation. Richard has always said he don't care
which state gets the legislation passed first, just so some group
jumps in and gets the job done to get the ball rolling. <>
We need to learn his methods and start our own groups all over the
nation and start teaching Richard's methods to as many people as
possible in our own communities. Richard will gladly help you do
that is you just ask him for his help in starting your own Jaccuse
group in your own home town. <>
Who will step up to the plate and do that?<>

Message: 9
Date: Sun, 7 Aug 2005 20:50:46 -0400
From: "Scotsman"
Subject: RE: Re: non-judicial foreclosure law... MISTAKES SELF CURED<>
CORNFORTH_SEMINARS-subscribe@yahoogroups.com<>
<>
<>
Hey everyone. If you haven't signed up for Cornforth Seminars, please do so
now. We have a little over 100 members on the Cornforth Strategies list and
only 30 or so on the Seminar list. YOU really need to be on both.<>
<>
<>
Regards,<>
ME<>

Message: 10
Date: Mon, 08 Aug 2005 04:51:41 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Some changes<>
I've had to revamp some of my thinking on how things should be done.<>
Based on the fact that I have a google egroup and a Vbulletin message
forum I can have my message forum send an email to my google egroup
each time somebody posts to the Vbulletin message forum and the Google
egroup will send a daily digest to my blog and it comes out nicely
formatted, there are no "greater than" marks on the left hand side of
the messages so I don't get
>>>>>>>>>> ad infinitium ad nauseum added to the blogs.
None of that as I do get from the yahoo groups. <>
Also the Yahoo groups messages are not formatted to a set width and
the messages from Yahoo groups messages make you scroll back and forth
a great distance in order to read the messages and that messes up the
blog very badly. <>
So based on my nice experiences with Vbulletin and Google I figured
that all we had to do was set up a google group and then invite the
yahoo group to post messages to the google group and everything would
come out just fine. Well, that might have worked except for the fact
that Google won't let me invite a yahoo group to post to Google and
Yahoo won't let me put in a Google group as a recognized email
address. Seems like they don't make good bedfellows. (LOL)<>
So what to do? Well, for one thing I changed how the blog gets it's
email from an html format to a non-html format. Maybe that will solve
the problem but I have my severe doubts. Seems like the only way to
get rid of the > > > > > >problem and the excessive width problem might be to change the email address to one of my gmail accounts and then do
a copy and paste job for each days posts from this forum. <>
But after having experimented with the situation it seems that nothing
is going to be gained by making any drastic changes in the forums such
as I originally suggested. <>
It is a problem of how the various software platforms either do or
don't interact with each other and that is something that will have to
be worked out by me one way or the other rather than by making any
changes in the way this group is set up or is operated. <>
I've got to get off here right now because it is almost midnight and I
have backups to several machines starting in 10 minutes and I have to
get ready for that.<>
Later.<>
Message: 11
Date: Mon, 08 Aug 2005 05:54:01 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: 3rd party debt collector and the National Arbitration Forum<>
Lots of possibilities to look at here. The very first one
when looking at any case is asking the question of when
was the last payment made to the original creditor. <>
That always translates into resolving how that date relates
to your state statute of limitations. So check into that first.<>
Then, regardless of how that comes out you need to know when
that card was issued. Was it prior to 1999 or not? If prior
to `1999 then you have one argument you can use because no
credit card agreement prior to that time ever carried any
arbitration agreement and Badie v. BOA and other cases
establish the fact that agreements may not be changed so
that might become another matter. <>
Again, regardless of the above you need to file a demand for
validation with the attorney and with NAF. Do not use the
John Gliha type validation letters found all over the internet.
You will know the Gliha type letters by the fact that they
ask a bunch of stupid questions which they do not have to
answer. Your validation letters should follow the old KISS
principle which is, of course, Keep It Simple Stupid. <>
The next thing you need to do is to send a letter to NAF and
the attorney rejecting arbitration. Among other reasons you
object is that arbitration violates 15 USC 1692i § 811 (A)(2)<>
Your rejection of arbitration letter should state that you will
give them 10 days from the receipt of your letter to respond with
a letter stating that NAF will not proceed with arbitration or in
the alternative on the 14th day following their receipt of the
letter you will file a motion for injunctive relief in your local
district court. And in fact, you probably should think about doing
just that if they don't respond telling you that they have refused
to accept the case for arbitration. How successful you might be at
doing that is anybody's guess. Some courts might grant the demanded
relief and some might not. <>
If they go ahead and grant the award despite your threats your next
step will have to be filing a motion to vacate the award. You will
have only 90 days to do that. And that might work and it might not.
No way to tell what the outcome of that will be either. <>
But at least you have done all you can to beat them out of their
evil trap. Those kinds of letters are getting results in many
cases. NAF really don't want to have to send someone to defend
against a motion for injunctive relief even if they win. Costs
them way too much and you would definitely state in your letter
that they will be the target of your lawsuit and will have to
appear in your local court to defend and show cause why your
motion should not be granted. You will also want to state that
once your demand for injunctive relief is granted they may not
proceed with arbitration since they would be in contempt of
court if they did so and then you would be forced to sue them
demanding that they be sanctioned by the court. If you have to
go so far as to demand sanctions I'd say you would demand that
the minimum sanction imposed by the court should be at least
$25,000. Of course, you would not get any of that money so that
money coming into the court's coffers might just induce them
to lay it on them good. (LOL)<>
Once again, there is no guarantee whatever that you would be
successful in filing those motions but you can always threaten
and hope for the best. <>
--- In Cornforth-Strategies@yahoogroups.com, "jckhly"
wrote:
A 3rd party credit card debt collector sez it bought FNANB's account and
is going to enforce a mandatory arbitration agreement using NAF. It
set up a claim with NAF.
Can you suggest any arguments against this action specific to a 3rd
party company that purchases an account with an arbitration clause in it?
jack714@s...<>
Message: 12
Date: Mon, 08 Aug 2005 06:02:51 -0000
From: "Bill Bauer" Jaccuse@blogger.com>
Subject: Re: non judicial foreclosure law....DOESN'T LOOK GOOD FOR ME...<>
Please excuse my laughing here, but if you even dreamed that the court
would do the right thing you really blew it. No court will ever do the
right thing unless you force it to do so. To make matters worse, the
court is always going to rule in the favor of the poor abused creditor
unless the defendant can give the court an extremely good reason(s)
why it can't or shouldn't do that.
> The only answer I can think of might be:
>
> "I believed that once the court discovered the truth about the
fraudulent nature of the > non-judicial foreclosure action of the bank, I had confidence the court would do the right thing."<>
Message: 13
Date: Mon, 08 Aug 2005 06:14:40 -0000
From: "Bill Bauer" Jaccuse
Subject: Re: non judicial foreclosure law....
DOESN'T LOOK GOOD FOR ME...<>
I'm sorry to say that in the final analysis that just might be about
all you can do. Partly depends on just how much fighting you are willing
to do and how much cash you have to do it with. Sometimes we do have to
sit down and see what chances we have to win and decide when to throw
in the towel in order to cut our losses short. <>
And sometimes dire necessity demands that we fight on until we can
look for someplace else to live or whatever. I've had to do that in
years past when I was renting and strapped for cash or could not find
a place to rent. <>
So even knowing that there was no hope to beat the landlord I would
have to file an answer with the court and then just not bother to
show up. By the time the sheriff could get there to throw me out I
was long gone. Of course the landlord would get a judgment but then
his problem was one of what was he going to do with it? Wouldn't even
make good toilet paper. <>
Frankly, I am very discouraged about the whole thing. I have
researched and researched,
> read until my eyes are falling out of their sockets; I admit I've
had some very intelligent and well read
> people giving me information to look at and encouraging me to read
it for myself, but since this group was my last good and best hope, I am at the point of throwing in the
towel, since reading Mr. Bauer's answer:


-----Original Message-----
From: Cornforth-Strategies@yahoogroups.com
[mailto:Cornforth-Strategies@yahoogroups.com] On Behalf Of jckhly
Sent: Sunday, August 07, 2005 6:37 PM
To: Cornforth-Strategies@yahoogroups.com
Subject: [Cornforth-Strategies]
3rd party debt collector and the National Arbitration Forum<>
A 3rd party credit card debt collector sez it bought FNANB's account and
is going to enforce amandatory arbitration agreement using NAF. It set up
a claim with NAF.
Can you suggest any arguments against this action specific to a 3rd party
company that purchases an account with an arbitration clause in it?
jack714@surfside.net
<>