Posted by FlaNotary2 on 1/11/11 12:00pm
Msg #368003
Jared Loughner and how the incident relates to notaries
I originally posted this in Just Politics but Glenn mentioned it would be relevant in the work forum, and it probably is.
The Jared Loughner incident in Arizona has a lot to do with notaries.
Loughner is one of many, many individuals who believe the government is completely corrupt, has no foundation in law and is therefore nonexistent, and that we have no obligation to pay taxes, we are all sovereign citizens, houses can not be foreclosed upon because banking laws are invalid, etc.
If anyone has ever been asked to perform an illegal "notary protest" or a "notary acceptance"/"notary default method" procedure, knows that the type of people (usually men) who ask for these services are people that have a lot in common with Jared Loughner.
I have done extensive research on what true notary protests are, as well as what these twisted notary protest/acceptor things are, and they are completely different. Those who try to push the notary acceptor method have misinterpreted and twisted the Uniform Commercial Code (a code which has no effect unless it has been ratified in an individual state - and not every state has adopted the entire code). The UCC indeed refers to protests in the context of negotiable instruments. A protest certifies that a negotiable instrument was presented for payment and that payment was refused, thus dishonoring the instrument. These government protestors believe that a "negotiable instrument" can include anything - a traffic citation, a threatening letter directed towards the IRS, or a 20 page letter full of legal gobbeldy-gook directed towards the county clerk - all of which can supposedly be dishonored due to non-response, and therefore protested. They further believe that a protest issued by a notary is an administrative judgment under maritime law.
Another version is some type of "cancellation of foreign instruments", whereby a notary can supposedly invalidate social security cards, birth certificates, and other documents that "prove" United States citizenship. As long as uneducated notaries continue to be coerced into engaging in these activities, the activities will continue.
Each time I've been asked about these things, I have directed the person to the Florida Statutes - because THAT is what I follow, not the unofficial "Uniform Commercial Code" - and the Florida Statutes very clearly define a "negotiable instrument" as an unconditional promise or order to pay a fixed amount of money. Our statutes define pretty much every term that these government protestors use to convince naive notaries that this procedure is legal. I have had disgruntled customers even call me trying to convince me that this is a legal procedure - that I can't speak for every state and underestimate the powers of civil-law notaries. No, I can't speak for every state, because I am only an educator in Florida. And no, I can't speak for Florida's civil-law notaries either - all 93 of whom are licensed attorneys who I doubt would get involved in such shady activity.
Court after court has shot these things down. I'm not aware of any case - and I have done a lot of research into it - where one of these things was actually successful in eliminating a debt or ones obligation to pay federal income taxes. There was a recent one in Florida involving Pennsylvania notary Francesa Montelione. The Florida court reported the notary to the Pennsylvania notary division and her commission was revoked and she was later arrested for engaging in Unauthorized Practice of Law by actually selling, and assiting people in completing, this notary protest/acceptor process. Her website is actually still up if you care to search around for it.
The point is, this Jared Loughner character is the exact type of person who goes about asking for these things. They think that the state is knowingly concealing this knowledge from us notaries to prevent us from engaging in same. It isn't a matter of hidden power, it is a matter of powers that do not exist. Some states allow notaries to protest instruments but it is rarely, if ever, used properly. I would be willing to sacrifice that authorized duty in Florida to try and help these mentally-unstable individuals come to the realization that the government does exist, that they do govern us, and that we are required to follow the laws enacted by those we have elected to represent us.
This issue has been addressed on Notary Rotary several times. Every time it is brought up, people tend to back off. Perhaps they are scared. I know I'm scared. There is perhaps no other area of notarial practice where we are threatened and bullied to try and become involved in a practice which disrespects the state and nation whose constitutions and governments we have sworn to protect, support and defend.
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Reply by Cari on 1/11/11 8:55pm
Msg #368151
...there really is no real need for notarial protests..
especially in these modern times. One doesn't need a notary to certify that a check was dishonored as the proof thereof is as simple as walking into ones bank and requesting a copy of the check, or they can go on-line and print a copy from their account.
And as for promissory notes, if someone doesn't pay up, well that's what small claims court is for.
Notarial protests (legal or illegal) are absolutely useless IMO, and it boggles the mind why any notary would offer this type of service?
IMO, if any notary issues notarial protest certificates, inadvertently involves themselves as a liaison of communications between all parties involved. Who wants to be that involved?
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