Posted by Mary Ellen Elmore on 5/16/11 2:09pm
Msg #383302

Be Careful

Someone just emailed this to me. I DID NOT write it. The mistakes he is saying are made by many notaries I HAVE SEEN MADE.

I am not endorsing this article just sharing it so fellow notaries can realize they need to be more careful and pay attention to the details.

BEGINNING OF ARTICLE:

Well I guess the article was pretty good because people have asked to send it out. Please send out this version so we can direct people to our website:


From The desk of John Stuart

WWW.SHOWMETHELOAN.NET

Here is a very simple and inexpensive way to derail the corrupt law firms and criminal enterprises known as “banks” during their unlawful “fraudclosure” proceedings.

This way has been so successful for the group that created this doctrine that the Arizona Secretary of State actually changed the law on July 30, 2010 to prevent this problem in the future. The fact we are not sure how a S.O.S. changes a law notwithstanding. This change does not affect documents recorded before that date.

WHY THIS DOCTRINE WORKS:

1. Any and all transfers of ownership of real property must be recorded in the County Recorder’s Office of the County the real property is in. Any such recorded document must be properly acknowledged to be lawfully recorded. Absent a “proper acknowledgement” makes the document void ab initio. Recording a “void” document as a valid document is a felony in all states.

2. You cannot predicate a civil proceeding on a felonious act committed by the party initiating the proceeding.

More simply stated, the banks cannot lawfully steal your house once you prove that the documents they filed are fraudulent in any way.

COURTS ARE TOO CORRUPT TO OPERATE IN:

1. What everyone already knows is the game is fixed. What most people don’t know is why, so I will tell you. This important fact was discovered by the same group that created this process. First, you must understand that government employees are naturally corrupt. “Birds of a feather, etc.”

2. Coming from a family of government people one knows that it’s never about the job, it’s always about the retirement. Cops wait for that 20 year retirement, politicians garnered themselves a full retirement after a single term. They told us where to look, and there it was.

3. All judges, prosecutors, cops, clerks, etc. pension funds are derived from 2 sources primarily:
a. the REMIC/REIT funds (basic real estate investments for banks/mortgages)
b. Privatized prisons (this is why America convicts so many innocent people)

HOW TO THINK:

1. Try to stay out of court, but if you have to go be prepared. Most groups teach you to start from the top and work down, that won’t work. Start from the bottom and work up.

2. Realize who the true enemy is. Think of it as war and you are a soldier. You will never see the other side’s General; you will only see the soldiers, that’s who you aim at.

3. The Notary Public is the banks infantryman shooting at you with bullets made of fraud and lies. The good part is they are bad shots; the bad part is they have lots of ammo.

WHAT TO DO:

1. Collect copies of all of the documents that are recorded in the County Recorder’s Office: The Mortgage/Deed of Trust; the Substitution of Trust; Notice of Sale, etc.

2. Go through the notarization page on each document with a fine tooth comb by studying the “Notary handbook” for the State the document is notarized in.

3. List every error in a formal complaint to the government official that issues the notary their commission. In most states the commission is issued by the Secretary of State.

4. File a complaint for the notary’s bond with the surety company that supplied the bond. The surety companies are usually very helpful and can even initiate their own investigation that will help with your complaint. They may even file criminal charges against the notary to recoup what they pay out. Most bonds are from $5000 to $15,000. The first complaint accepted is the one to get paid. There are usually 4 different notaries at least in a “fraudclosure” so you can earn $20,000 to $60,000 if you are the first to file against the notary.

WHAT LAW CHANGED:

1. Until July of 2010 all Arizona notaries had to write in the expiration date of their commission, the date inside the seal does not count under the previous version of Arizona law.

2. Notaries rarely wrote in the expiration date so with some notaries every document they notarized is invalid. We have found well over 90% of all Deeds of Trust in Arizona do not contain the notaries commission’s expiration date and are therefore invalid. That’s right, that makes the actual Deed of Trust unable to be used to generate a non-judicial foreclosure under Arizona law.

SOME OTHER ITEMS AND EXAMPLES:

1. Different states have different rules; this list is based on Arizona rules.

2. “Evidenced by an Arizona driver’s license” when the person that supposedly signed in front of the notary lives in California. This is obvious fraud since someone from California would have used a California D.L.

3. Request a copy of the notary’s journal; most states require the notary to keep a journal and if they don’t supply a copy when requested it is an automatic revocation of their commission.

4. You would be surprised how many notaries have signed years after their commission expired; we have even seen ones that signed post mortum.

5. Sometimes they confuse their written commission number with their electronic commission number.

6. Sometimes the notary signature looks exactly like the signature of the person they are witnessing and nothing like their signature on other documents they notarized. A notary’s signature must always be the same.

7. Did they move and fail to notify the S.O.S. of their new address, if so, that’s a violation.

8. They are several more rules in Arizona and as stated before, each state has different rules.

DOES IT WORK:

1. So far so good. We have had several notary’s commissions revoked in Arizona, and also in Georgia and Nevada.

2. Entering the revocation letter from the S.O.S. into the court has delayed decisions, so far indefinitely.

3. The banks lawyer must claim the S.O.S. “lacks trustworthiness” to eviscerate the ruling from being used in court.

WHAT ELSE:

1. After you get the notary’s commission revoked and receive the payout from the surety company, you can still file suit against the notary for their fraudulent act(s) that financially harmed you.

2. A good attorney could then secure a “Damron /Morris agreement” with the notary wherein the notary agrees to testify against the bank and/or law firm that had them do the fraudulent notarizations in exchange for you not executing a judgment against them.

3. Or in the alternative, you can take their home and kick their ass to the street so their family rots in the mud for them being scum sucking bastards that help lawyers and bankers steal innocent people’s homes.

Nough said;

John Stuart

Reply by FlaNotary2 on 5/16/11 2:24pm
Msg #383305

Sounds like some of the same nonsense written by those who

use notaries for "admiralty certificates of dishonor and default".

I'm sure most states have case authority that says an acknowledgment is not deemed insufficient/invalid based on a clerical error on the part of the notary. I know we have such case law in Florida. This does not exempt the notary from complying with their state laws, but such violations result in administrative penalties to the notary. It does not invalidate the notarization, as long as the other requirements of law are met, and that the certificate actually reflects some notarial act as having been performed.

Reply by MW/VA on 5/16/11 2:33pm
Msg #383306

I'm curious what the real motivation in this article might

be. The statement "we have had several notary's commissions revoked in Arizona, and also in Georgia and Nevada". This is about legal loopholes, and more about creating more mistrust. Borders on needing to be posted in JP, considering the source.

Reply by Shoshana/AZ on 5/16/11 3:37pm
Msg #383322

I don't think it is political.

I have a feeling it may be related to the "sovereign citizens". I don't know if you saw that segment on 60 Minutes last night. They are a bunch of crackpots.

Reply by Linda_H/FL on 5/16/11 2:36pm
Msg #383309

I read half-way through this....

My first red flag was here

"Well I guess the article was pretty good because people have asked to send it out. Please send out this version so we can direct people to our website:" Sweet - nice try...

Then this...

"2. Notaries rarely wrote in the expiration date so with some notaries every document they notarized is invalid. We have found well over 90% of all Deeds of Trust in Arizona do not contain the notaries commission’s expiration date and are therefore invalid. That’s right, that makes the actual Deed of Trust unable to be used to generate a non-judicial foreclosure under Arizona law."

Yeah...bull - this thing is a crock and IMO has no standing whatsoever.

JMHO

Reply by FlaNotary2 on 5/16/11 2:37pm
Msg #383310

Goodness, think of all the mortgages that could get

thrown out in Florida because the notary didn't print their name under their signature!

LOL

Reply by MW/VA on 5/16/11 2:41pm
Msg #383311

Yes, just more inaccurate info. Yawn. n/m

Reply by Shoshana/AZ on 5/16/11 3:01pm
Msg #383317

I am going to the AZ SOS education class tomorrow.

I will try to find out the answer to this. I personally have not heard of any notary's commissions be revoked because of this.

Reply by Shoshana/AZ on 5/16/11 3:33pm
Msg #383321

This is BOGUS!!

I talked to my friend who is an expert in AZ notarial law. She could not find this in the Arizona Revised Statutes. Nor could she find this in the previous AZ handbook which was issued prior to the law change. In addition, neither one of us have ever gotten a call from a title company telling us that we needed to put our comission expiration date there.

Reply by PAW on 5/16/11 3:46pm
Msg #383325

Re: This is BOGUS!!

Page 3 of the 2010 AZ Notary Manual states, under "What's New for 2010":

Notarial certificates no longer
must contain a notary’s
commission expiration date.
However, if a space for the
commission expiration is
provided, the notary should
fill it in anyway.


I also like the statement on the second page, under the heading "A message from Secretary Bennett":

Arizona notaries are
required to have a copy
of this manual and keep
it as a reference.


IMO, every notary should have a complete and up-to-date state manual (if one exists) at their fingertips whenever they are performing a notarial act. For those states that don't have a manual or reference guide, it may prudent to carry a copy of the statutes pertinent to the office of Notary Public.

Reply by Shoshana/AZ on 5/16/11 4:13pm
Msg #383331

Can you find it in the statutes?

Also, I have been attending the free notary education classes once a year since I moved here. My firend has been attending for 7 years. Neither one of us has ever been told that it was required.
I have at least one DOT that doesn't have the notary's commission expiration date on it.

Reply by Susan Fischer on 5/17/11 12:20am
Msg #383375

Hiya, Paul! I carry mine too. I'm thinking of a Kindle

thing for the ease of more reference books at my fingertips, without the weight, [said the old lady who's been packing books around most of her life...]

How's your Spring springing? We're battling sneaky raccoons and bully blackberryies. This afternoon, a Bald Eagle swooped down to the lake, his outstretched wings casting a mighty shadow, allowing us to see the talons, descending like landing gear, just far enough to secure the hapless fat troutski. In a seemingly vertical rise and twist, it headed back across toward a heavy copse of elder-pines, and we tracked it by its bright-white tailfeathers as it made an aerie-fake-out 'circling' and poof: vanished into the green towers.

Lincoln City's favorite Eagle Scout, and I mean that quite literally - not to be confused with the BSA - has tracked our Devils Lake Eagle population for years, but dammit, just got worn out, and does what he can, but boy - wouldn't an Eagle Webcam be so cool here too? He did one with a family of our Wood Ducks, (here's one from Nat'l Geo - it's short: http://news.nationalgeographic.com/news/2006/05/duck-video-1.html )

Anyway, the Eagle blew me away today. BIG, WIDE EAGLE.

Reply by Robert Williams on 5/16/11 4:23pm
Msg #383332

Sounds like more of the same BS the "Income tax is unconstitutional" crowd puts out, at least until they go to jail for not paying taxes.

The great thing about the internet is you can find just about anything you want.
The bad thing about the internet is 99% of it is garbage, propaganda or fiction.

Reply by JanetK_CA on 5/17/11 4:15pm
Msg #383448

I think you're probably right. Sounds like they're taking a little bit of info, twisting it around or vastly misunderstanding it, and jumping to some huge erroneous conclusions. At first, I thought they were going to go into a discourse about MERS.

The downside of this stuff, however, is that there are enough ignorant people out there for some to believe this - and anyone can sue anyone for anything. They're unlikely to win, naturally, if the notary is at least reasonably competent, but it could be an expensive nuisance, regardless.

Reply by Pat/IL on 5/16/11 10:20pm
Msg #383371

"After you get the notary’s commission revoked and receive the payout from the surety company, you can still file suit against the notary for their fraudulent act(s) that financially harmed you."

Comment: Since the deed of trust is intended to protect the lender's interest in the property, I'm having a hard time figuring out how the notary's failure to write in a date could cause the borrower any financial harm. If anything, the bank would suffer - but, at the hands of its own infantryman?

"Or in the alternative, you can take their home and kick their ass to the street so their family rots in the mud for them being scum sucking bastards that help lawyers and bankers steal innocent people’s homes."

Comment: So, let's get this straight. Failing to write in the date one's commission expires is deserving of kicking one's ass to the street so their family rots in the mud? The sad thing is that people will read that crap and will believe it.