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Tag Archives: State UCC

Ten Basic Foundations Of Commercial Law (Part 2)

05 Tuesday Jun 2012

Posted by eowyndbh in Uncategorized

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acceptance defined, acquiescence, acquiescence defined, bankruptcy reorganization, Birth Certificate, bond defined, definition of certificate, equitable estoppel, guarantor defined, H.J.Res. 192, holder in due coarse, legal tender, obligation of good faith, offer, Special Drawing Rights, State UCC, surity defined, UCC 1 Financial Statement, UCC 1-103, UCC 1-201, UCC 1-203, UCC 1-208, UCC 3-106, UCC 3-302, UCC 3-306, UCC 6-104, UCC 6-105, UCC 6-106, UCC 6-107, UCC3-305, Uniform Commercial Code

You can download a copy your state UCC   Here.

The Birth Certificate

First, you must know exactly what is considered to be the key element, within the presumed contract, that holds title and ownership to a real man’s labors, Rights, intellect, and property through his persona. This foundational element is legally called an “instrument”, but you know it as your Birth Certificate. Since the early 1960’s, Birth Certificates were issued by the governments to personae with all CAPITALIZED lettered names. This is not a Lawful record of your physical birth, but something totally different. A Birth Certificate is the government’s commercial instrument to their legal Title of Ownership or Deed to your “straw man” (don’t forget that the presumption in contract is that the real you and your persona are one and the same). This Commercial Record or Commercial Instrument (Birth Certificate) is a legal commercial “receipt”. It’s no different than any other commercial Bill of Lading or a Warehouse Receipt. Delivery of the commercial “goods” was made to the government at your local hospital. For clarity, view a Birth Certificate as a Commercial “Document of Title”. While this “Document of Title” is not the Title itself, it is parallel to a commercial Certificate of Title or Certificate of Birth.

UCC 1-201 Definitions–

“Document of title” includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers.

“Bill of lading” means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods [a hospital, for example], and includes an airbill.
The U.S. corporate Federal Government is bankrupt and holds no Constitutionally mandated silver or gold (coin and bullion) to back up or pay their debts. All privately held and federally held gold coins and bullion in America was seized by Executive Order of April 5, 1933 and paid to the creditor, the private Federal Reserve Bank Corporation (FRB) under the terms of bankruptcy. Then, in 1964, coins with no silver content were issued and the Constitutional silver coins were recalled and seized. Further evidence of this was the shortage of industrial silver and bullion from the mid-1960’s through mid-1970’s. The small inventories of silver available during this period was astronomically expensive. We called the copper edged coins “LBJ funny-money” at the time, not understanding or knowing that all the silver was being turned over to the creditor, the privately owned FRB.

The only asset the Federal U.S. government has in order to pay their corporate debt is the people themselves, so they commercially pledge birthright Americans as collateral for credit (loans) to pay daily operational costs. The technical way this is done is astoundingly simple but relatively unknown.

When a child is born within the corporate United States, a Record of Live Birth form (a commercial Bill of Lading), or similar, is issued by the hospital. The father and mother sign this hospital form (a receipt for goods) as the parents (manufacturer) and title holders (owners) of the goods (child). The transfer of the property Rights (the child’s Rights) to the State is accepted by the signature of their government agent, a State licensed Physician. The parents have unknowingly pledged their child’s future and labors to the government and signed a presumed contract. This converts the legal status of their child to that of chattel property in permanently indentured servitude (See Preface, Part I). The State becomes the de facto holder of the Rights to the child (collateral).

Next, the hospital sends the Record of Live Birth to the State Bureau of Vital Statistics, sometimes called the department of Health and Rehabilitative Services (HRS) in some States. Each State is required to supply the Federal government with birth, death, and health statistics. The State agency that receives the Record of Live Birth (title) keeps it and then issues a Birth Certificate (BC). The BC is a commercial instrument (document) evidencing that the State is holding the title (ownership) to the child. Holding the title is not the same as having possession of the property, so the State is the “holder” of the instrument but not the “holder in due course”. This is all based on the presumed acceptance of the contract (Record of Live Birth) between the manufacturer (parents) and the purchaser (State). The parents are not aware of this assumed contract because it was never revealed to them nor was full disclosure made in good faith, so they don’t object to what they don’t know. The current holder of your commercial birth document (receipt) is able to capitalize on it because of your failure to instruct the holder to do otherwise, due to your silence and lack of legal action.

cer·tif·i·cate, noun. Middle English certificat, from Middle French, from Medieval Latin certificatum, from Late Latin, neuter of certificatus, past participle of certificare, to certify, 15th century. 3 : a document evidencing ownership or debt. (Merriam Webster Dictionary 1998).

This Birth Certificate issued by the State is then registered with the U.S. Department of Commerce through their agency, the U.S. Census Bureau, who is responsible to collect vital statistics from all the States. The word “registered”, in commercial law, does not mean that your name was merely noted in a registry or book for reference purposes. When a Birth Certificate is registered with the U.S. Department of Commerce, it means that the child’s persona named on it has become a surety or guarantor as collateral for a commercial loan.

registered. Security, bond. (Merriam-Webster’s Dictionary of Law 1996)

Security. 1a: Something (as a mortgage or collateral) that is provided to make certain the fulfillment of an obligation. Example: used his property as security for a loan. 1b: “surety“. 2: Evidence of indebtedness, ownership, or the right to ownership.

Bond. 1a: A usually formal written agreement by which a person undertakes to perform a certain act (as fulfill the obligations of a contract) …with the condition that failure to perform or abstain will obligate the person …to pay a sum of money or will result in the forfeiture of money put up by the person or surety. 1b: One who acts as a surety. 2: An interest-bearing document giving evidence of a debt issued by a government body or corporation that is sometimes secured by a lien on property and is often designed to take care of a particular financial need.

Surety. The person who has pledged him or herself to pay back money or perform a certain action if the principal to a contract fails, as collateral, and as part of the original contract. (Duhaime’s Law Dictionary)

1:a formal engagement (as a pledge) given for the fulfillment of an undertaking. 2: one who promises to answer for the debt or default of another. Under the Uniform Commercial Code, however, a surety includes a guarantor, and the two terms are generally interchangeable.(Merriam-Webster’s Dictionary of Law 1996)

Guarantor. A person who pledges collateral for the contract of another, but separately, as part of an independently contract with the obligee of the original contract. (Duhaime’s Law Dictionary)

It’s not difficult to see that a Birth Certificate is a document evidencing debt the moment it’s issued. This is how it works: Once each State has registered, by commercial bulk transfer, the Birth Certificates with the U.S. Department of Commerce, the U.S. Department of the Treasury then issues Treasury Securities in the form of Treasury Bonds, Notes, and Bills using the BC’s as sureties or guarantors for these purported Securities. This means that the bankrupt corporate U.S. can guarantee to the purchasers of their Securities the lifetime labor of all Americans as collateral for payment. Isn’t it nice to know that when you were born, within days you became the collateral for corporate U.S. debt-loans through the assumed contract your parents thought was nothing more than a Record of Live Birth? But wait… the chain of events gets even more interesting.
Who purchases these Treasury Securities? Nearly all are purchased by commercial institutions and brokerage firms on behalf of their individual clients. These purchases are called commercial book entry transactions whereby the individual purchaser never receives a paper stock certificate. Follow very closely and see if you can notice the monopoly and identity of the World Power Brokers unfolding here. Key words are underlined:

1. The commercial book entry system is operated exclusively by the privately owned Federal Reserve System(formerly the Federal Reserve Bank) as fiscal agents of the U.S. Treasury Department.

2. All these securities are recorded in the commercial book entry system as “book entry issues” held for the account of the depository institution.  

3. The exclusive depository institution is the Depository Trust Company(DTC), a privately owned trust company (bank), who maintains records identifying the individual “beneficial owners” of securities that the DTC holds (holder) in its account in the commercial book entry system.

4. The Depository Trust Company is an operating unit of ( owned by) the Federal Reserve System.

5. The Depository Trust Company  transfers all the securities to their own private holding company Cede & Company.

6. Cede & Company is the holder of nearly $20 trillion ($ 20,000,000,000,000) of stocks and bonds.

7. The Federal Reserve System uses the Treasury Securities it holds as collateral to print and issue Federal Reserve Notes, which are further debt obligations.

What starts out as a Record of Birth becomes a monopoly of collateral slavery in the hands of the World Power Brokers, also known as the privately owned Federal Reserve System.   The ultimate Real Party of Interest to your persona, or strawman, is Cede & Company since you are the collateral and surety for the Treasury Securities that are physically held by them in their name. It’s worthy to note that as you walk up to the DTC skyscraper at 55 Water Street in New York City, the sign in the front says “The Tower of Power”.

When you reclaim the Title, Deed and ownership of the real you through your Birth Certificate by accepting it back for it’s commercial value, you will regain your sovereignty, Freedom and Liberty. The “Wizards of Oz” (also known as the World Power Brokers) who have alleged to be the Real Party of Interest (RPOI), and all their agents, will then be legally powerless. Legally, only you can give yourself back your own inherent sovereignty.

Once again, the foundational truth being that “all law is contract”, the World Power Brokers (WPB) have successfully made their claims by making us subject, via contract, to their sovereignty and ownership. The same rules that have made us servants and slaves to the WPB can also set us free from their legal claims. The key is going to the source and making it apply to our current legal status dilemna. There are many maxims (truths or proverbs) of Law that state this:

Nihil tam naturale est, qu m eo genere quidque dissolvere, quo colligatum est– It is very natural that an obligation should not be dissolved but by the same principles which were observed in contracting it.

Qui evertit causam, evertit causatum futurum– He who overthrows the cause, overthrows its future effects.

Sublata causa tollitur effectus–Remove the cause and the effect will cease.

Cujusque rei potissima pars principium est– The principal part of everything is in the beginning.

The WPB followed these same Legal Rules to set up their “system”. We must follow the same legal Rules to escape their “system”. Knowing how they set this up is an element behind the reasoning for its existence.

When the original thirteen sovereign nations of North America declared and received independence more than 200 years ago, the World Power Brokers – comprised of kings, bankers, and merchants – lost a wealth of future commerce and profits from their previous Colony Franchises and Letters Patent. Since then, the WPB’s have continually strived and schemed to regain their control and ownership of the real American People. They have been the instrumental force behind the conversion of free American states into the corporate and commercial United States. They have founded their “takeover” on outright deceit and presumptions without a single outcry from the American People. However, those presumptions and implied contracts can be rebutted according to the legalities they themselves have set into place. It’s kind of like the old saying, “What’s good for the goose is good for the gander”. In order to get in the front door, they had to leave the back door open for their own protection in case they needed to escape. But who’s to say their servants can’t use the same back door to escape? The law says we can and the door has been left wide open. They simply cannot abolish the legal means of our escape unless they abolish the legal means that put them in power and control.

Their entire plan backfires in their faces when the contract presumptions are rebutted by the same legal Rules and Procedures they have set into place. The only reason they have succeeded to this point is that the American People now live in a false complacency; happy and satisfied with their debt contracts for houses, cars, boats, airplanes, and much more. But, many of us know that this lifestyle is soon to change into a more realistic picture of actual and physical servitude and slavery. The debts must be paid. Not only is the U.S. Government broke, but so are the American People. Had Christian Americans followed the principles and Laws written in the Bible, as did the early Americans, they would never be in this position. There is no doubt that the World Power Brokers have been dangling the bait of debt/credit as a means to entice the common man to obtain material wealth without having to pay up front for it. Has any average American ever taken the time to think what would happen if the loans they now have were all “called in” for payment? Where will you house your family? How will you drive to your job? How will you purchase your food?

“Can’t happen”, commented an ABA Lawyer reviewing this material. When we pointed out that any declared “emergency” by the bankrupt Federal Government voids the payment terms of all contracts and legally all debt becomes “due and payable at will”, he thought about it again and had to agree with us. Our premise for argument was that Roosevelt confiscated all the gold in 1933 just for that purpose, as well as the Uniform Commercial Code itself, which states:

UCC 1-208 Option to accelerate at will.–A term providing that one party or the party’s successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or “when she or he deems herself or himself insecure” or in words of similar import shall be construed to mean that she or he shall have power to do so only if she or he in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised.  

Method of Rebuttal

In 1988, the federal and corporate United States joined the United Nations Convention on Contracts for the International Sale of Goods which now governs contracts within its scope. According to international and universal (uniform) Contract Law, such as the UCC, a contract can only be valid if it follows all the Rules and Process of law that created it. One of the main elements or rules of contract law states that “all parties must understand the scope, nature, terms, and conditions of the contract”. Another main element states that “all parties must consent to the contract”. If it is not agreed to and there is no mutual consent, then there is no contract. Any purported commercial contract that fails to be entered into by mutual “good faith”, with full disclosure of the terms and conditions to both parties, and consent by all parties, is void ab initio (from the beginning). Whenever the elements of “good faith” disclosure and/or “consent” are missing, any contract can automatically be ruled null and void if the deceived or defrauded party enforces the Rules of Law. Once again, silence is default. If you say nothing, you have defaulted.

UCC 1-203 Obligation of good faith.–Every contract or duty within this code imposes an obligation of good faith in its performance or enforcement.

Were you aware of the implied and “presumed” contract between you and the Real Party of Interest, the owners of the Federal Reserve System? In all law and truth, it doesn’t exist, does it?

UCC 1-201 Definitions– (31) “Presumption” or “presumed” means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

Were all terms and conditions disclosed to you at birth or any time since then? Of course not. Legally, once you rebut the presumption by affidavit for failure to disclose the terms and conditions or obtain mutual consent, the contract automatically becomes null and void. Such a contract as this, which has unlawfully bound the average American to it, is considered fraud or misrepresentation. For example:

UCC 1-103 Supplementary general principles of law applicable.–Unless displaced by the particular provisions of this code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causeshall supplement its provisions.

As you can now see, the major flaw in all artificial governments and their “laws” is the absence of a genuine and legal agreement between the parties due to a failure to fully disclose, have a meeting of the minds, and lack mutual “good faith”. In their presumption that you have agreed to a bona fide contract with the government, you were never informed of the full terms and conditions of the purported contract.

The reason this situation could exist in the first place is due to the fact that the American People have fooled themselves, lied to themselves, and failed to communicate among themselves. They have put aside their Holy Bibles and replaced the True Law of God with the laws of men. The world of man’s laws and governments was brought about by the very people who are now servants to the “system”. Since Lincoln’s War, Christian Americans have lived in fear of speaking out against wrongs that they see taking place.

According to the universal principles and foundations of contract law (See Background, Part I), in the absence of a genuine agreement, no contract exists. What does exist is nothing more than a presumption of contract based on the deceived party (you) having foolishly trusted in the government. Although fraud is unlawful, it is not illegal in artificial State rulership systems. Keep in mind, once again, that all governments are structurally fraudulent due to the origins of their artificial conception. Based on this premise of evidence, it’s an obvious fact that fraud must be “legal” as governments are able to judge themselves as legal in the first place. In other words, the existence of a government is a legality of fraud ab initio.

Holder in Due Course

In Commercial Law, the ultimate owner of any “Document of Title” is known as the “Holder in Due Course” (HDC). He is the only one who possesses a valid claim to “title” whereby the goods or property are deliverable to him. By comparison, a technical “Holder” may legally possess a “Negotiable Instrument”, but he lacks the ultimate claim of “title” held by the HDC and is nothing more than a receiver and collector of payments. The HDC receives the delivery of the property; the Holder merely receives payment for the property.

UCC 1-201 DEFINITIONS–(20) “Holder,” with respect to a negotiable instrument, means the person in possession if the instrument is payable to bearer or, in the case of an instrument payable to an identified person, if the identified person is in possession. “Holder,” with respect to a document of title, means the person in possession if the goods are deliverableto bearer or to the order of the person in possession.

UCC 3-302 HOLDER IN DUE COURSE–Subject to subsection (c) and Section 3-106(d), “holder in due course” means the holder of an instrument if: (1) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and (2) the holder took the instrument (i) for value, (ii) in good faith, (iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, (iv) without notice that the instrument contains an unauthorized signature or has been altered, (v) without notice of any claim to the instrument described in Section 3-306, and (vi) without notice that any party has a defense or claim in recoupment described in Section 3-305(a).

As stated earlier, your Birth Certificate is simply a warehouse receipt. Birth Certificates are bundled together and transferred or purchased in “bulk sales” under one or more of the provisions found in UCC 6-104 through 108. However, possession of your Birth Certificate was not taken by the government in “good faith” and the legal Holder (government) cannot “enforce the instrument free from all claims and personal defenses.” This means that whoever, or whatever artificial entity, is now acting as the purported “owner” of your Birth Certificate can, in legal reality, only be only a technical “Holder” of the Negotiable Instrument and can never be the actual “Holder in due Course”. Only you can be the HDC.

The HDC is the most powerful position in any exchange of property or goods in commercial law. The allodial key to understanding this lies in whether you are or are not the HDC of your Document of Title of birth, the Negotiable Instrument to your legal existence. Once you see that you are the legal HDC to your own Title of Rights, your whole worldly life will change dramatically. You are then, once again, a sovereign with respect to anything of which you are the Holder in Due Course. This will make you the HDC of “yourself”, both the real biological person and the artificial persona. It will place you as the ultimate owner of all your earthly affairs and everything else concerning ownership of your legal life. When you really think about it, this is the “legal” means by which your physical being and your Spiritual being can join together in true Freedom and Liberty.

The “secret” to becoming the HDC is known as “Acceptance for Value.” Your Birth Certificate (Document of Title) is currently held by “unknown parties” who can never be the HDC of it. Only you, and you alone, can become the HDC. When your offer of “purchase” is made, title passes upon acceptance of the offer. The offer (your UCC-1) is accepted by the previous Holder (the government) when they record it in the State records for a fee payment (value). The “acceptance for value” is made by the government in accordance with two Rules of law: One, the fee paid for recording the instrument; Two, since it is recorded without objection, it is also accepted by their own conduct, both implied and direct.

All that remains to do at this point is to give or show affidavit evidence of the exchange (a copy of your recorded UCC-1 Financing Statement with the State acceptance seal and certification). “Acceptance” and “offer” are the two mandatory elements to any legal contract in commercial law. “Acceptance” or “Acceptance for Value”, for the purpose of commercial law, is “acquiescence”. Look carefully at these definitions written by Canadian lawyer Lloyd Duhaime from Duhaime’s Law Dictionary:

Acceptance . A contract is a legally binding agreement between two or more parties which starts with an offer from one person but which does not become a contract until the other party signifies an unequivocal willingness to accept the terms of that offer. The moment of acceptance is the moment from which a contract is said to exist, and not before. Acceptance need not always be direct and can be implied by conduct. 

Acquiescence. Action or inaction which binds a person legally even though it was not intended as such. For example, action which is not intended as a direct acceptance of a contract will nevertheless stand as such as it implies recognition of the terms of the contract. If I display a basket of fruit in a marketplace and you come by, inspect an apple and then bite into it, you have acquiesced to the contract of sale of that apple.

Offer. An explicit proposal to contract which, if accepted, completes the contract and binds both the person that made the offer and the person accepting the offer to the terms of the contract.

In this modern world, man’s laws dictate that there are only two classes of people in any legal proceeding. You are either a Creditor or a Debtor. When your “legal sovereignty” is established, you become the sovereign Creditor of your life and affairs. Every adverse party then becomes your Debtor. However, if you do not establish your legal sovereignty, you do not “own” yourself (your own title) as the HDC; you have no legal capacity; you have no “standing in law” to assert your Rights; and you will remain a permanent Debtor as you are now. As Debtor, you will always lose in every dispute or claim by the current “system” for “failure to state a claim upon which relief can be granted”.

Reclaiming the legal ownership of your persona (straw man) acts as an “equitable estoppel” to any and all who come against you in commerce and law.
equitable estoppel. An estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss. (called also estoppel in pais). Source- Merriam Webster’s Dictionary of Law 1996.

If you do not reclaim your legal Rights of title and ownership to your persona, which makes you the Creditor and absolute sovereign ruler of your “straw man”, you will not be sovereign and you will lose every claim made against you. This is the reason why, if you ever think of hiring an ABA attorney to represent you in any legal proceeding against the “system”, you must demand up front that he make you the Holder in Due Course of the action. Since he legally can’t do this, then you will lose if he “appears” for or “represents” you. The best any Bar(fly) attorney can do is make a deal with the system Creditor, which is a negotiated settlement of the money being claimed as damages. You must be the HDC to be able to ensure victory in all dealings with the government and the “system”.

We conclude Part V with some Maxims for you to absorb:

Quod initio vitiosum est, non potest tractu temporis convalescere– Time cannot render valid an act void in its origin.

Falsus in uno, falsus in omnibus– False in one thing, false in everything.

Quae malasunt inchoata in principio vex peragantur exitu– Things bad in the commencement seldom end well.

Quod ab initio non valet, in tractu temporis non convalescere– What is not good in the beginning cannot be rendered good by time.

You are now ready for Part VI, How to secure your Freedom through use of a Financing Statement.

Part VI: How to Secure Your Freedom

The Money Game

As we stated earlier, the corporate entity known as the United States is bankrupt. Congress confirmed this bankruptcy through the “Joint Resolution to Suspend The Gold Standard And Abrogate The Gold Clause, June 5, 1933” in H. J. Res. 192, 73rd Congress, 1st session, Public Law 73-10. Within this 1933 Public Law, it states in part “…every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy”. In 1950, the corporate U.S. declared bankruptcy a second time whereby the Secretary of Treasury was appointed as “Receiver” of the bankruptcy in Reorganization Plan No. 26, Title 5 USC 903, Public Law 94-564, Legislative History, page 5967.

The issuance of paper as a “legal tender” and circulating medium of exchange did not occur until 1862 during Lincoln’s War. The Congress authorized the issuance of non-interest bearing Treasury notes and declared the resulting bills of credit to be legal tender for all debts, public and private, with the exception of taxes on imports. The notes were deemed necessary to “float the debt of the United States” for the war effort. In reality, the corporate United States was already bankrupt. On June 3, 1864, Congress passed “An Act to provide a National Currency, secured by a Pledge of United States Bonds, and to provide for the Circulation and Redemption thereof.” Today, “Federal Reserve Notes” are officially recognized as “SDR’s” — Special Drawing Rights — under the amended Breton Wood Agreements Act, Public Law 94-564. See further Legislative History, Senate Report No. 94-1148, October 1, 1976.

As you can see, there is no lawful money in circulation today. What the average American thinks is “money” is nothing more than private commercial debt instruments made of paper, “legal tender”, evidencing the debt Americans are required to pay against the collective bankruptcy of the federal government. Real money is a tangible substance such as gold, silver, produce of the earth, or labor. Real money can never be debt. The original Mint Act was passed on Thursday, January 12, 1792. This Act was drafted in Pursuance with the Constitution for the United States of America [See Article VI, Clause 2] and provided for the minting of both gold and silver dollars under Section 9. This Act met all of the requirements of Article I, Section 8, Clause 5 and 6, and Article I, Section 10, Clause I.

The use of real money is a Right of sovereigns, not slaves. Debt is created by a mere signature authorizing notes of indebtedness. All “money” in circulation today is created from further borrowing against our federal bankruptcy. Only by borrowing against a government’s bankruptcy can its servants and slaves have pieces of paper to spend like money, even thought they are purely notes of indebtedness.

Unless one is the Holder in Due Course of one’s straw man, “owning” such paper debt Notes or anything it buys is a liability, not an asset. The fact that people mistakenly consider Federal Reserve Notes to be assets is a major cause of the problem we all face. Whenever a “person” accumulates private Federal Reserve Notes (FRN’s), he is accumulating more debt. The more FRN’s you have; the more commercial goods, property and services you purchase with them; the more indebted you become.

Since all purported money is created by the further borrowing against our federal government’s bankruptcy by signature, every time you sign your name to any public document, or contract, or instrument involving FRN’s as the “valuable” consideration, you borrow against and increase your own debt. By increasing your borrowing and indebtedness you are providing yourself with more debt instruments to “spend.” This is a tell-tale sign of a slave in permanent indentured servitude; he commits himself further and further in debt every time he borrows from his sovereign task-master. Again, since all modern paper money is created by borrowing against the collective bankruptcy of the corporate United States, it is mathematically impossible to ever pay off the debt. This is a never ending nightmare that must end; and when it does, the common American will suffer greatly if he has not been diligent to break his bonds of servitude.

To Be Continued . . . .

 

 

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Ten Basic Foundations Of Commercial Law (Part 1)

01 Friday Jun 2012

Posted by eowyndbh in Uncategorized

≈ 4 Comments

Tags

all States UCC, Federal UCC, Florida UCC, National Convference of Commisioners on Uniform State Laws, NCUSL, no UCC in Louisiana, nom de guerre, Real :Party of Interest, State UCC, State Uniform Commercial Code, straw man, Treaty of International Law, UCC, Uniform Commercial Code

(For Frank ‘Austin’ England III) 
 

There are ten basic foundations of commercial law.

 

It is from these timeless principles whereby all law and commerce in the world is acquired:

1. A workman is always worthy of his hire. This is perhaps the most universal law of mankind. Every society on the earth who has denied this maxim of law has suffered wrath and destruction by the masses. Inutilis labor, et sine fructu, non est effectus legis– Useless labor and without fruit, is not the effect of law.

 2. All men are considered equal under the law.While this may not be practiced throughout the world, the underlying truth of this standard has caused great empires to fall and destroyed many kings and monarchs.

3. In all interchange, truth is sovereign and the supreme rule.Interchange of every kind, from goods to intellect, between men is commerce. In all commerce, the allodial and supreme rule is truth. Contr veritatem lex numquam aliquid permittit— The law never suffers anything contrary to truth. Nihil possumus contra veritatem– We can do nothing against truth.

4.Truth can only be expressed in the form of a legal affidavit. From Medieval Latin origin, ‘affidavit’ means ‘he has pledged his faith’; akin to the word ‘affiant’ from the Middle French, affier: to pledge faith, swear. Forma legalis forma essentialis– Legal form is essential form.

5. A legal affidavit is undisputed truth unless a counter-claim or rebuttal has been made. Since an affidavit is sworn and pledged by faith, it is presumed to be absolute truth unless another sworn claim counters it in rebuttal.

 6. An undisputed affidavit of claim becomes final judgment.When one fails to answer or refute an affidavit of claim made against him, the affidavit first presented is considered absolute in truth. By not rebutting what has been claimed against him, one becomes guilty by his silence. Idem non esse et non apparet– It is the same thing not to exist and not to appear. Qui tacet consentire videtur– He who is silent appears to consent.

7. All matters must be expressed in order to be resolved. No claim can be made against another unless an affidavit has been presented stating the reasons of law supporting the claim along with the events of the interchange.

 8. The party who leaves the dispute first also loses by default. If one walks away from a claim or dispute in commerce, either by silence in default or failure to properly rebut, he becomes an instant loser. Omnis consensus t ollit errorem— Every consent removes error.

9. One must be damaged in some way to make a claim or charge against another. Damages in commerce are always equitable and a loss of equity must be shown in order to make a claim. In commerce, all things have a commercial value including intellectual property. Actio non datur non damnificato— An action is not given to him who has received no damages.

10. A lien or claim can be satisfied only by award of a counter-affidavit, resolution by a jury, or payment in satisfaction. A commercial claim must be resolved by a rebuttal, a jury, or relief to the claim by payment for damages. Arbitrium est judicium— An award is a judgment.

The Players
Scire debes cum quo contrahis–You ought to know with whom you deal. What we are specifically dealing with here is how the laws of commerce are used against the common man, and just who is behind it. Much has been written and documented concerning the continuing bankruptcy of the United States federal government. Reference to this has even been codified into federal law as a basis for what you are now going to learn.

While the World Power Brokers may not be known by name, this makes no significant difference for the purpose of this material being presented here. The fact remains that the corporate U.S. in Washington DC is bankrupt, has declared this in the federal codes, and the unknown World Power Brokers are the creditors. Much of this will become clearer as you study this material.

The supreme affiant, or the one ultimately behind an affidavit of claim, is known in law as the Real Party of Interest (RPOI). A RPOI is entitled under applicable substantive law to enforce the right sued upon or possesses legal right to enforce a claim. The RPOI is an actual person. For simplicity, understand that the Real Party of Interest is one of the select few World Power Brokers. In every commercial claim, they are the unrevealed claimant. The RPOI’s behind the U.S. Bankruptcy, world government, and the new emerging Third Way (successor to the New World Order) are unknown to the common man. What is important to retain at this juncture is the method used by the WPB to collect their purported claims against you.

A Real Party in Interest (RPII) is a front for the RPOI. In layman’s terms, this is called a “straw man”. Specifically, this “straw man” is a collector for the Lienor (Lienholder) and collects claims on behalf of the Lienor-Creditor. Certain representatives and agents, including administrators & trustees, are also considered RPII’s. A RPII can be the “State of Georgia” or any “United States” agency. Their duty is to collect debts for the RPOI from the commercial chattel property that has a lien placed against it by claim. Debita sequuntur personam debitoris— Debts follow the person of the debtor.

Part II, Concepts of Modern Law, will further explain how the RPOI and RPII operate and how the commercial law enforces their claims.

 Part II: Concepts of Modern Law Origins of the UCC

The Uniform Commercial Code (UCC) is the supreme law of the world. In other Nation-States, their codes and laws mirror the principles of the UCC. The United Nations bases their codes and rules on the UCC. There is no major world power that has not codified the standards of the UCC into their national laws. While we have previously written much about the Truth of Christian common Law, these are not the “laws” of the world system. It’s time for all Christians to realize that the new “common law” of the earth is Commercial Law, also known as the Law-Merchant. While God’s Law cannot be erased, it has been subdued and slowly replaced by a legal common commercial code. This has come about as a result of complacency and ignorance on the part of Good and Lawful Christians. Currit tempus contra desides et sui juris contemptores— Time runs against the slothful and those who neglect their Rights. We have allowed it to happen and have even blindly supported it. You must deal with the source of the earth’s law in order to find the solution. Thomas Jefferson said “Those who expect to be both ignorant and free are expecting something which never has, and never will, exist.”

As interstate commerce and individual movement dramatically increased in the U.S. after 1865, the World Power Brokers felt a need for greater uniformity of their “law”. An approach known by the common name “Uniform State Laws” was founded to seek adoption of identical or similar laws to be utilized by all the Federalized States. The National Conference of Commissioners on Uniform State Laws (NCUSL)was formed in 1892 upon the recommendation of the American Bar Association (ABA) for the purpose of promoting “uniformity in state laws on all subjects where uniformity is deemed desirable and practicable.” Made up of ABA Lawyers chosen by the Federal States, the Conference still oversees the preparation of proposed laws, “Uniform Laws”, which the States are “encouraged” to adopt. For over a century, this process has been carried out through selective ABA Committees that prepare drafts for review and ultimate approval by the full Conference and has continued to function. To date, the Commissioners have approved more than two hundred uniform laws. Most have been widely adopted by the Federalized States and have, as a consequence, initiated uniform Federal Law throughout the States.

The greatest successes of the “Uniform Law” approach have been in the field of commercial and business law. Beginning with the Commissioners first product, the separate Uniform Negotiable Instruments Law and Uniform Sales Act, the Conference, working together with the American Law Institute, later produced the Uniform Commercial Code. The UCC was brought to its present form by the NCUSL and the American Law Institute in 1978. It has been “improved” and re-revised numerous times since then with major revisions in 1987, 1988, 1990, 1991, 1992, and 1994 in order to universally apply to all the Federal States. With the exception of Louisiana State, the UCC has been pretty much adopted in its entirety by all the remaining 49 States. You can download a copy of the Federal UCC Here

In Florida State, the codified UCC can be found in “TITLE XXXIX, COMMERCIAL RELATIONS”, Chapter 670

In New Jersey State, the codified UCC is found under “STATUTES” in Title 12A Commercial Transactions.

In California State, you can find the UCC under “COMMERCIAL LAW” in STATUTES Here.

Find all State UCC’s Here.

As a side note, it’s not just the Commercial Law that has been made universal. Downloads are also available for the Uniform Probate Code, Uniform Code of Evidence, and uniform laws in the areas of matrimonial, family and health and business and finance. If you are unclear about what Uniform Laws exist, see the Legal Information Institute Uniform Laws page. These Uniform Laws reach far into the private interactions of mankind, right down to marriage and family. All are based in one way or another on Commercial Law. As a Christian, if you don’t believe these earthly laws have authority over you, then stop right here and research every link provided to you above. Your life on this earth is presently controlled by these universal “laws”. In order to free yourself from this, you must understand them first. Optimus interpretandi modus est sic legis interpretare ut leges legibus accordant- The best mode of interpreting laws is to make them of one accord (uniform).

Law is Based on Definition and Grammar

The actual rules of their “law” are found in the uncommon words and peculiar grammar they have adopted. The way they legally define words is the foundation of their strategy to keep the average man ignorant of their “law”. Words used in purely legal matters have different meanings than the same words used in normal and ordinary usage. Thus, it is imperative you understand their language “legalese”.

A verbis legis non est recedendum– From the words of the law there must be no departure.

Sensus verborum est anima legis– The meaning of words is the spirit of the law.

Ad proximum antecedens fiat relatio, nisi impediatur sententia– The antecedent bears relation to what follows next, unless it destroys the meaning of the sentence.

Copulatio verborum indicat acceptionem in eodem sensu– Coupling words together shows that they ought to be understood in the same sense.

Mala grammatica non vitiat chartam; sed in expositione instrumentorum mala grammatica quoad fieri possit evitanda est–Bad grammar does not vitiate a deed; but in the construction of instruments, bad grammar, as far as it can be done, is to be avoided.

Generalia verba sunt generaliter intelligenda– General words are understood in a general sense.

Maledicta est expositio quae corrumpit textum–It is a bad construction which corrupts the text. Non est certandum de regulis juris–There is no disputing about rules of law.

Man’s Commercial Law is not only precise, it’s “to the letter”. The most common “trick” is their attachments of un-common meanings and definitions to words used in their legal documents. We cannot stress enough the need for you to search out the definition of every single word in at least two or more law and English Language dictionaries. We recommend that you purchase or borrow one or more of the generally accepted law dictionaries, such as Bouvier’s, Ballentine’s or Black’s. Most County law libraries have at least one of these in their reference sections. It’s better to have access to the oldest as well as the most recent editions.

The Operation of Modern Law

All Laws operate in separate and distinct domains and must be approached and dealt with inside of their own unique vacuum. Commercial Law has no place in Ecclesiastical (Church) Law, or Canon Law, and vice versa. For example, you cannot apply Biblical Law or ancient Hebrew Law to man’s modern commercial law of legalities. In this day and age, they exist in separate domains and venues. They cannot be mixed. There was a time when the “law of the land” was based upon God’s Law, but that is not true today.

What was once the common law based on Biblical and Spiritual Laws is now the Common Law-Merchant, based on legalities that appear as “law”, but are operated within and under the “color of law”. Normally, if it looks like Law, operates as Law, and appears to be Law, then it must be Law. In Commercial Law, the Rules of Law and the Process of Law appear to the untrained mind as being normal law, but they are not. Commercial Law operates within the appearance of Law, but it is nothing more than the legal form of law, not Law itself. Don’t forget that the entire world operates within the commercial process and rules outlined within the UCC.

To use the materials presented further on in this report, one not need any special intelligence or a master’s degree. The spirit of fear has told Christians that they cannot understand nor operate within the realm of Commercial Law without failure, but this is a lie. Up to this time in history and especially during the past 100 years in America, the true church has done little or nothing to stop the steady elimination of the Freedom and Liberty given to us by the Lord God. This has come about by our ignorance of man’s commercial law, laziness to test all things to see if they are of the Spirit of God, and blind trust in those to whom we have given worldly authority over us. The real tragedy is what we have not done. The church has not rebutted what claim has been made against us. However, the program you are now learning can Lawfully and legally change your commercial status as a servant of the merchant to that of a sovereign within their system. A Christian can have control of his life within and over the commercial law, as you will soon begin to understand.

After endless weeks of research, we have come to the conclusion that this program is essential for securing your Freedom from legal commercial slavery. At first, it was difficult for us to accept the fact that an answer was available within the legal domain of commercial law, but we feel the Spirit of God has shown us clearly and precisely that a door was left open waiting to be discovered by us as we were diligent to seek the answer. As Christians, the worst thing we could do right now, considering the state of affairs of the world, is sit back and do nothing. Multiudo errantium non parit errori patrocinium— The multitude of those who err is no excuse for error.

Your next step is to completely understand the material presented to you so far. You must become clear as to the foundation of commercial law. If you don’t fully comprehend any word or sentence up to this point, go back and educate yourself word by word with the aid of law dictionaries. Check out what you have learned with the UCC so you can see how it applies and what it really means. Never let the spirit of fear stop you. Do not rush to the last part of this report and look for a “silver bullet” because it doesn’t exist. In order to use this process successfully, it’s mandatory that you understand how and why the process works. This is a foreign law and language to you, so you must learn to walk before you run.

Part III, Artificial Entities and the Persona, will further explain how the commercial law has made a claim against you.

Part III: Artificial Entities and the Persona

Real vs. Imaginary

From the beginning, man was created in two domains. When these two realms are combined, a man is complete. First, man is composed and born in a physical form. This part of man can be called the “biological man” or the physical realm of life. Simply said, this is your flesh, blood, muscle and bones. Secondly, man is born of the Spirit of God with a soul. It is the Spirit and soul that brings life to the physical. This is also the realm of man where he develops his mind, ideas, ego, personality, and concepts. Where the first part is physical, the second is not, including aspect thought. Neither part can exist without the other, but the aspect thoughts of man could never exist without the physical domain existing first. One cannot have thoughts without a physical brain. Think of it as the relationship between the stars (aspect thought) and the sun (physical). The mind and thoughts of man can only exist with the physical body in the same way the stars revolve around the sun.

As the physical grows and develops, so does abstract thought. You could say that abstract thoughts are based on physical reality, but completed by imagination. An example of this is the difference between a real or imaginary “friend”. Children fully understand the physical being and know that a real person is flesh and blood, as they are. Their physical friends can be touched, seen and heard. But some children have “imaginary” friends who are nothing more than aspects of thought without physical bodies. They can’t be touched or seen physically, but in the thought process, they “exist”. This could also be described as the difference between tangible and intangible; material and immaterial; reality and concept.

Artificial Entities

In the process of thought, man also has the ability to convert many abstracts into a single concept. For example, even though all Christian Men and Women are individual parts of the Body of Christ, we are all collectively called the “church”. There are more than ten players on a football squad, but collectively they become one singular “team”. In this manner of thought, when separate beings form together as one, they collectively become a singular.

Just what is a corporation? It is a group of beings who have formed together under Statute Law to become as if they were only one being. Physically, this is impossible; but conceptually within the mind, this is the same as a child’s imaginary “friend”. The same applies to a limited partnership (LP or Ltd) or a limited liability corporation (LLC). In reality, a corporation, trust, limited partnership, and government are mere imaginary “beings”. The legal term for this is “artificial entity”, a fictitious being.

The Persona and Mask

What becomes a danger is when man begins to accept that which is not physically real as if it is real. When a single artificial being is treated as a reality, the legal result is a “fictitious entity”. The modern and commercial laws call this fictitious being a “person”. In the common man’s understanding, a “person” is real and can be touched, such as the “person” at the grocery store who works as a cashier. However, in modern “law”, a “person” can be real or artificial. This is an example of why we keep stressing the fact that you must look up each and every word in a law dictionary in order to understand the definitions as they apply to commercial law and all modern law. Legally, a person can be a real physical being or a corporation.

person. An entity with legal rights and existence including the ability to sue and be sued, to sign contracts, to receive gifts, to appear in court either by themselves or by lawyer and, generally, other powers incidental to the full expression of the entity in law. Individuals are “persons” in law unless they are minors or under some kind of other incapacity such as a court finding of mental incapacity. Many laws give certain powers to “persons” which, in almost all instances, includes business organizations that have been formally registered such as partnerships, corporations or associations. Duhaime’s Law Dictionary.

legal person. A body of persons or an entity (as a corporation) considered as having many of the rights and responsibilities of a natural person and especially the capacity to sue and be sued. Merriam-Webster’s Dictionary of Law 1996.

artificial person. A “legal person.” Ibid, Webster’s.

Another legal name for a “fictitious entity” is persona. The word persona is a Latin word signifying “a mask used by actors on the stage”. While the real being exists physically, the persona is an artificial face or mask and is not a reality. It covers the real being with an artificial being the same as a mask covers your face.

Since this artificial persona is not you – the Christian Man or Woman born of the Spirit of the Lord God – we must be able to prove which is our real being and which is our persona. The simplest way to tell the difference legally is via the use of all capital letters which signifies the persona. How do you spell your Christian birth or baptism name; as “JOHN JOSEPH SMITH” or “John Joseph Smith”? How were you born; as an artificial person or as a Christian being? While some may say that capitalization of a name makes no difference, in all languages in this world it is not grammatically correct. According to the Rules of English Grammar, it signifies nothing. Your physical and real being is named “John Joseph Smith”; Your legal and artificial persona is named “JOHN JOSEPH SMITH”. It does make a difference… legally. How is your name spelled on your Driver’s License or Credit Card? In all capitals or grammatically?

Your nom de guerre
Man inherently knows he has no right of dominion over other men, but he has invented ways to seek such gain by creating the persona which, when applied to Commercial Law and Martial Law, becomes a nom de guerre. This is literally a “war name” to separate the Christian from the fictional persona -see The California Style Manual, published by The California Supreme Court (1986), Section 196, page 13, “Style of Main Title” (to an action).

How a ‘name’ is spelled brings to distinction the ultimate conflict of the ‘real’ Man, the Christian Man, and the fictitious imitation of the Christian Man that is a persona. Names are deliberately spelled on all Birth Certificates, Court Dockets, State Licenses, etc., with all capital letters. The modern Law uses the nom de guerre in all instances of spelling a “legal” name.

Being bound under Treaty of International Law and the lex mercatoria (commercial law), today’s purported Courts – and all government agencies – are prohibited from dealing with ‘real people’ and are required to deal only with fictional personae (artificial persons) by styling all parties with a nom de guerre. A corporation is also a fictional persona, and this includes State incorporated Churches. Any party who agrees to appear before the “system” must do so by a persona or nom de guerre spelled in all capital letters or with a middle initial.

A Christian spells his name according to the Rules of English Grammar using both capital and lower case letters, such as “John Elias Smith” as opposed to the noms de guerre “JOHN SMITH” or “JOHN E. SMITH”. A corporation, or any other artificial legal entity, is spelled in the same manner, such as “STATE OF NEW JERSEY”, “U.S.”, “UNITED STATES”, or “ACME, INC.”

Straw Man = Real Party in Interest = persona
It is via the persona and nom de guerre that the UCC has attached itself to you. In Part I, we discussed the “straw man” or Real Person in Interest (RPII) to all contracts. The “straw man” was the means by which the creditor (RPOI) collected his claims. The agencies of essentially all of the world’s governments, coordinating with the Real Parties of Interest (RPOI) who own the law, all money and all commerce, created your “straw man” shortly after your physical birth. Thus, the creation of a legal commercial “Birth Certificate” to take the place of your Lawful “Record of Birth”.

This is the means by which the commercial law (UCC) operates. Their legal system bases everything on the simple presumption that you have contractually agreed that your “straw man” – the Real Party in Interest or persona – is their exclusive chattel property. The legal “reasoning” behind all this is quite simple. Commercial and governmental law can claim only against fictitious entities or artificial persons, a persona, and the commercial documents that have creating them such as corporations, trusts, Certificates of Title, Birth Certificates, Marriage Certificates, etc. Such artificial “persons” include your all capitalized lettered name, your “straw man”, which is also called your “corporate sole” or the incorporation of yourself. Your persona is symbolic evidence of your self-incorporation.

Since they created and presumed ownership of your “straw man”, they can tax, regulate, and destroy their property as they see fit. Your physical biological “person” has been legally united with your fictitious “person”, who is also your “straw man”. Your “straw man” (RPII) includes your physical being, now legally united as one with the persona, as well as your words, concepts, thoughts, and ideas with which you interact with other people. Legally, there is no difference between the two unless a rebuttal or objection by the real being has been made against their presumption of contract over the “straw man”.

When you view the definition of a “straw man”, it’s very clear why the system has placed your persona, or artificial mask, as the Real Party in Interest (RPII):

Straw man. An intermediary for a transaction (as a conveyance of real property). –Merriam Webster’s Dictionary of Law 1996. 

Part IV, How Legalism Took Over the Law, will expose further the use of legalism in place of Law.

In common law, the previous “law of the land”, it was very clear that a Christian was sovereign. This meant that he possessed all Rights to control his own property. Most State Constitutions still have a clause basically stating that unless the statutes or prevailing law prohibit otherwise or supersede the English common law, it is still in force and effect. Obviously, all common law in the U.S. has been squashed by Commercial Law which is why there are no more common law Rights, including property Rights. Commercial Law is “legalism”, while common Law is “Lawful”. Legalism has the form and characteristics of law, but is not law in itself. It is nothing more than the “color of law”.

Forget about common Law for right now. It doesn’t apply to our goals and purpose in this instance. The purpose of this project report is to reveal the legalities of Commercial Law, not the real Law itself. Force your mind to think like a lawyer by setting aside what makes common sense or what Rights you have. Rights and God have nothing to do with the legalities of Commercial Law.  What has happened as a result of the legalities of Commercial Law is easy to understand:

1. The real physical being has been united with his persona, or “straw man”, by presumed contract.

2. The “straw man” has become the Real Party in Interest (RPII) to all property of the real being.

3. The absolute sovereign over the “straw man” is the Real Party of Interest (RPOI).

4. The Real Party of Interest (RPOI) applies legal rules and process of commerce to all his claims.

5. If the real physical being does not object by commercial rules and procedure, it is presumed he agrees to the presumed contract relationship.

The World Power Brokers (WPB) defined in Part I are the absolute sovereigns over you in their status as the RPOI. They may tax you as they please, force you to obtain licenses (permission) for a fee to do ordinary tasks, impose fines upon you, regulate your movement and speech, demand that you perform labor for them, imprison you, or whatever they wish. An easy way to look at the Commercial Law RPOI is that of a king with unlimited rule and power, thus, he is your sovereign authority. Remember, in Commercial Law, there is no distinction between you and your persona as both are united into one and the same. In this legal status, you have no capacity or means to enforce any Rights. The legal term for this is that you have “no standing in law”. Why? Because a servant cannot sue his master, nor can a slave sue his king. Who owns your Rights? The “State” does since all commercial government is owned by the World Power Brokers. You are nothing more than collateral for payment of the WPB liens against the State by reason of bankruptcy.

Legally, you are considered a slave or indentured servant to the various Federal, State and local WPB governments via your Birth Certificate. The reason you are issued a Certificate is that the actual Title of birth is held by them. This is compounded further when you voluntarily obtain a Driver’s License or a Social Security Identification number. Even your personal and private life is owned by them through your State issued Marriage Certificate. Once again, your Title to marriage is held by them. You have no Rights in birth, marriage, or even death. They hold the Right to all Titles.

The key is to find a way to regain legal ownership of your “straw man”, and this sums up the purpose of this entire project report. When the physical being secures legal ownership of his persona, the real man is reunited with his Rights including his ownership Titles. As long as the “State” retains ownership of your persona, they own all your inherent Rights. In Commercial Law, when you legally own the persona, you own the Titles to all your Rights. It’s not that you have ever lost your Rights; it’s the fact that through your persona, the system has secured your Rights and Title to Rights as collateral. Once you legally break the bond between the real being and the artificial persona, you become the ultimate sovereign of your “legal status”. No artificial entity can make a claim against you or your property once you have broken this legal tie. When you become owner of your “straw man”, you will legally become the owner of all claims made against him.

If this confuses you, then you must look at this according to legalism and nothing else. Right now, they own your “straw man”. The only way for you to regain ownership of your persona is through use of their legalities. This must be done according to their “laws” and in no other way. You can quote all the common law or Bible passages you want at them, but unless you speak their legal language, they are not required to recognize you. In fact, they have the power to punish you if you attack them with the wrong words from the wrong jurisdictional domain. However, there is Good News! Once you legally obtain ownership of your persona and its nom de guerre, you become the absolute sovereign over the artificial name and artificial entity that has bound you, the real man, to their Commercial Law. At that point, and only then, will you have the legal power to stop all of their claims against you. You will legally place a wall between you (your being and persona) and the system. This stops them and all their claims from the beginning, ab initio.

How did we get into this mess? Legally, it is their contractual ownership, by simple presumption, of your persona that is the foundation of your servitude to the system. Once you legally rebut and remove this presumption of contract ownership between the real you and your “straw man”, all claims against you are abolished as if they never existed. This will change your legal status to that of a sovereign and free man. The reason they have presumed their contract ownership exists is due to the fact that you have stood silent and not legally challenged their claim.

Breaking their presumed contract goes much further than you might ever imagine. Once broken, you regain your birthright and “legal capacity” as that of a sovereign. This term, in a purely legal sense, denotes the absolute ability, power, qualification, or competency of persons, either real or artificial, for the performance of claims or acts as defined and fixed by law. Such absolute power as the capacity to devise, to bequeath, to grant, or to convey land and property of all kind is bestowed upon he who holds “legal capacity”. He may take and hold property as a sovereign. This was the former Law of the Land.

Now you can see why the system has had control over all your property. In the same context, once you have obtained legal capacity, you can begin to understand how you will regain control and authority of what is yours by Right and by modern law.

Our current problem is that we have voluntarily contracted with, and agreed to, their system of Commercial Law by simply remaining silent (legal default) and not making claim to our own Rights. The Legal Rules of Commercial Law enforce themselves. There is no court hearing to determine if the Rules are correct. Their “law” is self-regulating and self-supporting. Once set into motion, their “laws” automatically come into effect provided their legal Process has been followed. By adhering to their legal Process and Rules, you can break their contract according to their own Rules.

You are now ready to absorb Part V, Commercial Contracts & the UCC.


Part V: Commercial Contracts and the UCC

Much of what you will read in this longest part of our project report will join together and reiterate the principles you have learned so far. Putting all the pieces together is essential for a complete understanding. Once again, we caution each reader to fully understand the definitions, maxims of law, and legal principles already presented before continuing. If in doubt, go back and read it all again right from the beginning.

Current Commercial Status

Every government, be it Federal, State or County, is an artificial entity. Because of this, governments can only legally interact with their own like and kind – other artificial persons. This is why governments address your persona and not the real you. The all CAPITALIZED name addressed on an envelope, or a court docket, to the real you proves this fact. Governments (the system) cannot interact with anything outside their legal domain, such as a Christian by name who stands in God’s domain. Artificial persons like governments, their agencies, their law enforcement branches, or their courts; have no reality, are not physical or biological, have no substance, and cannot go outside their domain into a realm that is actual, physical or real. Governments are corporations, created by Commercial Law and not by God.

When the persona violates a rule or a statute (such as a traffic infraction), the real you is expected to appear at an arraignment and admit to the straw man’s name. That is why, at the beginning of an arraignment or any court proceeding, your name is called and you are required to answer. The name they are calling is your persona, but like sheep gone to slaughter, we answer to this request even though we are not whom they are calling. If you were to answer in your Christian appellation, spelling it out in upper and lower case letters, then you have broken the contract tie they attempted to establish between the real being and the artificial person. They can only deal with the artificial, not the Christian.

Governments cannot legally, as set forth by their own “laws”, involve themselves with anything but other artificial entities, personae, and the Commercial Law contracts entered into between them. This is why it is a necessity by their legal Rules and Process to use capital letters in all names, including their own. They must address the entity, not the real Christian Man or Woman. Governments can only act against the artificial persons that they have created. It’s that simple. The real you, a Christian Man or Woman, can have a claim made against him by a government based on the presumption that you have voluntarily, knowingly and intentionally contracted to be identified with and by your persona. The persona is not really you, but rather an artificial person owned by the government to which you have united with.

The World Power Brokers (WPB) who own, fully know the workings of, and utilize their “laws” to pilfer, conquer, subjugate and lay claim to all those on the earth invoke a very simple and basic principle of law to accomplish this: An undisputed affidavit of claim stands as truth in commerce (See “Background” in Part I). It makes no difference if their claim is unlawful, immoral, or illegal. Unless you, not someone else, speak out against their claim with an affidavit of rebuttal, their affidavit of claim against you is considered undeniable truth in all law and commerce. No ABA Bar attorney can speak for you. You must speak for yourself. By not rebutting and remaining silent, you have legally defaulted and they can claim all they want against you. Any Christian who does not speak up for his inherent Rights has none.

 

The worst thing a Christian can do is to remain silent. The next worst thing he can do is agree to the implied and presumed contract. This is done through the real man’s acceptance of benefits and privileges granted by the sovereign. The legal terminology for this is “ratification by an act of consent”. When the real man accepts a Driver’s License in the name of his persona (all capital letters), he has ratified the presumed contract between the real person (a physical being) and the Real Party of Interest (who uses the “State” as his Real Party in Interest to collect his claims via your “straw man”). The same applies to acceptance of unemployment insurance, social security benefits, welfare, food stamps, ad naseam. When you contract for benefits, privileges, licenses, permits, etc., you are bound by commercial contract to the obligations that are attached to them.

Qui sentit commodum, sentire debet et onus. He who enjoys the benefit, ought also to bear the burden. He who enjoys the advantage of a right takes the accompanying disadvantage — a privilege is subject to its condition or conditions. Source- Bouvier’s Maxims of Law 1856.

Commercial Contract Key Elements

All commerce, law, and interaction between men is contract (See Introduction). From this implied and presumed contract with your persona, every action by government or their agents is founded. In accordance with the UCC Restatement at §110, the parties may now enter into a binding agreement without signing a formal written document. What you must now learn is the legalities of this presumed contract and how to rebut it.

The Birth Certificate  First, you must know exactly what is considered to be the key element, within the presumed contract.

A Real Party in Interest (RPII) is a front for the RPOI. In layman’s terms, this is called a “straw man”. Specifically, this “straw man” is a collector for the Lienor (Lienholder) and collects claims on behalf of the Lienor-Creditor. Certain representatives and agents, including administrators & trustees, are also considered RPII’s. A RPII can be the “State of Georgia” or any “United States” agency. Their duty is to collect debts for the RPOI from the commercial chattel property that has a lien placed against it by claim. Debita sequuntur personam debitoris— Debts follow the person of the debtor.

 

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  • 3 Wise Men Essentials
  • Chinese Health and Fitness – Home Health and Fitness for All
  • Chinese Health and Fitness/Maritime Law Deception
  • Henry Makow illuminati/ new world order
  • Montgomery County on the Mary-Land Republic
  • Solutions 4 The Innocent lots of good information
  • Sovereign Warriors
  • Winston Shrout Fort Collins Lectures

Recent Posts

  • Non Negotiable Private Bond For Set Off (Birth Certificate Bond)
  • The IRS Title 15 Is Their Achilles Heel (Debt Validation) Part 3
  • The IRS Title 15 Is Their Achilles Heel (Debt Validation) Part 2
  • The IRS Title 15 Is Their Achilles Heel (Debt Validation) (part1)
  • Traffic – Ratification Of Commencement of Action
  • An E-Mail From ‘Frank Austin England III’
  • The Declaration Of Seperate And Equal Stations
  • STATUTE (FRAUD IN THE INDUCEMENT)
  • Legalese (Government Manipulation of Language)
  • The Additional Legal Rights Otherwise Dormant
  • Administrative Law
  • Buck Act – The Jurisdiction Of The Land
  • The Initinere (Document)
  • The In Itinere Cover Sheet and Caveat (part 2)
  • The IN ITINERE Notice And Caveat (In Itinere – Cover Page)
  • Doctrine (The Constitution is an Express Trust)
  • Allocution (Declaration of Absolute Rights and Refusal to Except Sentence)
  • Not Burning Books Like ‘Farenheit 451’ – Altering Them
  • Affidavit of Abatement (No Such Corporation)
  • Jury Summons Response Letter
  • The Affidavit Of Natural Identity And Caveat
  • There Is No “State”
  • The Emergency Powers Of Martial Law (Historical Outline)
  • Court (Relation-Back Doctrine – Defeats Summary Administrative Process) part 3
  • Court (Relation Back Doctrine – Defeats Summary Administrative Process) Part 2
  • Court (Relation Back Doctrine – Defeats Summary Administrative Process) Part 1
  • Refusing A Non-Substantive Offer (Nullify Commercial Law)
  • The Substantive Statute Or Regulation ?
  • Uniform Commercial Code (Application and Use of Commercial Law) part 3
  • Uniform Commercial Code (The Application of Commercial Law (part-2)
  • Uniform Commercial Code (The Application of Commercial Law) part 1
  • Ten Basic Foundations Of Commercial Law (Part 3)
  • Ten Basic Foundations Of Commercial Law (Part 2)
  • Ten Basic Foundations Of Commercial Law (Part 1)
  • Location of Debtor (District of Columbia)
  • Political Question Doctrine
  • Statutes (Never Argue The Second Amendment)
  • Treaty Cannot Infringe The Constitution
  • The Temples of Baal (Courts of Admiralty)
  • The Eternal Law Of Conquest
  • Trading With The Enemy Act (More On War Powers)
  • Declaration of Independence – Latter Day Declarant
  • Memorandum Asserting Rights
  • Uniform Bonding Code – part 3
  • Uniform Bonding Code Part – 2
  • Uniform Bonding Code – Part 1
  • Things Your Lawyer, Attorney, or Judge Won’t Tell You
  • The Law of Prize and Prize Courts
  • Oregon Department of Re-venue Letter (Pt 2)
  • Oregon Department Of Re-venue Letter (Part 1)

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