Posted by Robert/FL on 1/6/10 6:50am
Msg #316868

Interesting court ruling re: tax-evasion "notary protests"

I came across a court ruling in the case of "Anderson v. Amway/Quixtar" which deals with illegal notarial protests - i.e., the type of protests described at http://www.real-debt-elimination.com/debt-elimination-tools/notarial_protest_and_notice_of_admin.htm .

The pertinent portion of the ruling starts at page 5:
http://www.baron55.com/Documents__/34_Federal_case_Dec07/Filed_30Apr08/Order1.pdf

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One of Plaintiffs' arguments against dismissal of this case does warrant discussion. Plaintiffs argue that this case is not due to be dismissed because they "initiated legal process to allow [Defendant] Gooch the opportunity to present any evidence that may vindicate him from the theft of Anderson's property." According to Plaintiffs, their acquisition of a "Certificate of Dishonor" signed by a notary public amounts to some type of quasi-legal ruling. Plaintiffs maintain that the [so-called] Certificate of Dishonor clearly establishes Mr. Gooch's admission to the involvement in the obstruction of justice and theft...." Plaintiffs' response includes the alleged "legal process" and it is signed by Francesca S. Montelione, a purported notary in Pennsyvlania.

Of course, a notary public license does not give the notary authority to enter judicial or quasi-judicial rulings, directives or findings. The Court will send a copy of this Order to the Pennsylvania Notary Public Professional Compliance Office.
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Apparently, the notary involved is still doing this, even though the Court sent a copy of the order to the Pennsylvania SOS. (http://www.webmavin.com/Acceptor.html)

A copy of the actual "Certificate of Dishonor" she used is on page 26 at http://www.baron55.com/Documents__/34_Federal_case_Dec07/Filed_5Feb08/Filed_5Feb08.pdf

Reply by Robert/FL on 1/6/10 7:13am
Msg #316869

Correction

The notary involved, and her mother, who was the webmaster of the "webmavin" website listed above, were both pursued in criminal court for their "notary acceptor" practices amongst other things (http://www.dcba-pa.org/DauphinCountyReporter/DCR08-22-08.pdf - page 10).

Reply by John_NorCal on 1/6/10 11:07am
Msg #316898

Sounds like a case of "Jailhouse lawyer" notary public going beyond the scope of their commission duties.

Reply by Michelle/AL on 1/6/10 11:10am
Msg #316899

Thanks for posting this, Robert.

As you know every month or so another NotRot member asks questions here in the forum about pursuing this line of work. This is definitely something to take under consideration.

Reply by Robert/FL on 1/6/10 11:52am
Msg #316912

Re: Thanks for posting this, Robert.

I have said it before - but if the state notary divisions would actually educate notaries about what a protest really is, naive notaries would be less likely to get involved in this illegal form of notary protest. The idea behind legitimate protests is quite simple, even though there is really no need for them in modern times. But since notaries are not being taught how to do them, they get involved in this kind of "notary acceptor" nonsense thinking it's legit.

Reply by jba/fl on 1/6/10 12:00pm
Msg #316914

Re: Thanks for posting this, Robert.

"if the state notary divisions would actually educate notaries about what a protest really is,"

Why give someone education on defunct practices? A simple search via Google or other search engine says these are archaic, defunct practices. Again - you can teach, bnut you can't make them learn. Desperate people take desperate measures....grasping at straws is everywhere these days - I see it with supposedly otherwise intelligent people all the time.

Folks: if it looks too good to be true, it probably is.

These are all OLD axioms - but there are always those who just don't want to believe, and if if they partly do, it really doesn't apply to them, only others.

Reply by Robert/FL on 1/6/10 12:10pm
Msg #316918

Re: Thanks for posting this, Robert.

*** Why give someone education on defunct practices? ***

IMO, if protests are an authorized duty of notaries, than notaries should have total knowledge of what they are and how they are used. Instead, notaries are having the process explained to them by tax-evader loonies who have twisted the process to work in their benefit. Even if a notary never does one, they should still know how - in FL, even though I will probably never inventory a safe deposit box, the handbook still gives us instruction on how to do it.

Reply by jba/fl on 1/6/10 12:22pm
Msg #316923

Defunct:

Defunct processes are processes that have become corrupted in such a way they no longer can communicate.

Main Entry: de·funct
Pronunciation: \di-ˈfəŋkt, dē-\
Function: adjective
Etymology: Latin defunctus, from past participle of defungi to finish, die, from de- + fungi to perform — more at function
Date: 1599
: no longer living, existing, or functioning <that firm is now defunct>

synonyms see dead

So, what I see here Robert, is because Florida failed to enter into their notary handbook that this process is defunct, dead, no longer vital, is not used anymore, then they failed you? (meaning: let you down)

Reply by Robert/FL on 1/6/10 1:08pm
Msg #316945

Re: Defunct:

IMO - the process is not "defunct" because it is still on the books as an authorized duty, the governor's office acknowledges it as an authorized duty, and it *can* still be used. I have personally done two of them. But only after I spent months doing my own research and sorting through what is crap and what is a legitimate description of the process.

Reply by Laura_V on 1/6/10 6:12pm
Msg #317020

Robert is right. Still allowed in PA and a small handful...

Robert is right. This is still allowed in PA and a small handful of other states. 4 or 5 total.


Tax evasion is only one form of Presentment / Notary Advocate / Honor-Dishonor work.

Presentment / Notary Advocate / Honor-Dishonor work involves using the rules of UCC codes and using a notary as third party witness and document forwarder.

Presentment / Notary Advocate / Honor-Dishonor processes are helping tons of people save their homes from foreclosure. They use this process to stall on foreclosure while they prepare, file, and push their court cases against the lenders et al.

Others are using the UCC code processes to fight errors on credit reports, sales where the buyers were mislead, and lots of other good pro-consumer work.

Presentment / Notary Advocate / Honor-Dishonor processes using UCC codes are conflict resolution tools. See a longer statement about this at the end of 33325.


If I were a notary in one of the "allowed" states, I would never touch tax work. But this old hippie is very pleased to hear that one more little guy has had success battling a big nasty company.


This might be loosely considered Protest work. But I think of it as a whole BIG other animal.

Reply by Katie family name Lee on 2/11/10 4:50pm
Msg #322449

Re: Robert is right. Still allowed in PA and a small handful...

BRAVO! [clap, clap, clap] Finally you all are getting it!

Here is the problem, the Notary Handbooks don't explain them very well because the government doesn't want you to do it! and why is that? Because it has Power! So unfortunately you can get caught up in the mess. Like I said before, I make everyone put that Notice on the Certificate that I sign stating I mailed out certain documents, so I don't get caught up in the parties. I am just a 3rd party witness. Once I sign it I put a copy of the certificate along with the letters that are stated on the certificate all in an envelope then I go down to the USPS and certify Mail it to the Parties with a return receipt that goes back to me. If the letter states they have 10 days to respond after they received it. I check online so see when it was received because the green cards can take a long time. I contact the client and tell them it has been received. By the 10 days is up client has more letters to go out, the 2nd certificate of my proof of mailing is for Non response b/c they have not mailed ME back anything within the lawful time-line so then I do it all over again and again.

Reply by Sylvia_FL on 3/11/10 2:22pm
Msg #326595

Re: Thanks for posting this, Robert. - Jules

Protests are not found in the Florida statutes (Chapter 117) pertaining to notaries for a reason.
According to the person who drafted the most recent
statute language, it was decided that protests were something a notary
really couldn't do since the notary in most cases wouldn't have enough
information to 'certify' the accuracy of a protest. Employees or officers
of financial institutions would be in a better position to have this
information and if a protest was required, they would be the ones to do it.
The combination of technology and operating procedures in the financial
arena are helping make protests increasingly irrelevant as they pertain to
the average Florida notary.

Reply by Katie family name Lee on 2/11/10 4:23pm
Msg #322444

What a sloppy job. The Notary performed the appropriate acts, this is why she is still a Notary. However the Parties involved could have protected her a little more. I make sure that all my clients put in their certificates: A Notary Public is not an attorney licensed to practice law in the state of Washington and has does give legal advice or accept fees for legal advice; provides no assistance in the preparation of the above referenced documents. Notary Public ONLY acts in an authorized capacity as liaison to communications between parties.
Furthermore what the Judge meant by the comment is that the Notary could not on quasi because a Notary Public is in Common Law Jurisdiction. It is all about Jurisdiction.

Being a Notary Presenter makes really good money, I recommend every Notary to study the Law. The thing is about Notary Presentments is that the Law knows the Notaries have true major Power so they put the fear into a Notary and do not teach Notaries what they are capable of doing.

But yet it truly Amazes me how so many notaries will dip their hand into the Fraud by notarizing Mortgage Documents and Title Company Documents. It just sickens me. I wouldn't ever notarized for a Mortgage Company or Title Company or Lawyer in fact I would start preaching the Rule of Law and go over ALL the Laws they are breaking everyday and I do not Condone nor do I consent to them breaking the Laws.

Reply by Robert/FL on 3/11/10 2:12pm
Msg #326593

THE ENTIRE THING IS FRADULENT. Notaries do not have authority to act as a "liaison to communications between parties".