From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
The County Recorders Cooked Book
article on the Fraudulent recordation of Federal Tax Liens in County Records and the process for having these purported IRS Tax Liens removed from County records. A good read extensively researched.
My wife, Cher Medina, has worked about eight (8) months researching,
ferreting out, and compiling the information contained in her Letter
to Ruth, published in the American's Bulletin, July-August issue.
Subscriptions to the Bulletin are available from:
THE AMERICAN'S BULLETIN
Mr. Robert Kelly, Sui Juris, Editor
c/o Post Office Box 3096
Central Point, Oregon (locale)
Postal Zone: 97502
(1-541) 779-7709
(This address revised: July 15th 2001
If you are not already a subscriber to the American's Bulletin, may I
urge you to become one. From time to time, there are some excellent,
informative, and educational articles published in the Bulletin, and
it is a lost educational opportunity to miss any of them.
Cher's article is not entirely perfect because there are some typo-
graphic mistakes, thus Cher has prepared an errata ------------------
----------------------.
Also Cher has corrected the sixteen pages of 8 1/2 x 11 hard copy
which contains all of the emphases, italics, bolding, and underlining
that does not appear in the original American's Bulletin article text
due to the fact that the article was transmitted by computer modem to
the Bulletin in an ASCII text file format, and emphases cannot be
preserved or transmitted in an ASCII text file format.
Those obtaining the floppy disk containing said ASCII files of Cher's
article and the 960601AA (Denham) letter are free to reprint them, to
copy them, or in the alternative, to put them into the appropriate
place(s) on the internet.
This is for all of the folks here on the great American Plantation."
Finally, Cher is amassing an evidence file depicting this county
recorder-IRS conspiracy to convert private property for public use
without just compensation.
Thanking you for your consideration and participation in this ongoing
struggle, I remain
very truly yours,
Bill Medina.
----------------------- BEGIN CHER'S TEXT HERE -----------------------
Cher Medina, Alieni Juris
c/o Post Office Box 70400
Sunnyvale, California (locale)
Postal Zone: 94086-0400
June 27th, 1996
Miss Ruth Scherfenberg, Sui Juris
.................................
.................................
.................................
In Re: With many thanks and in answer to my friend Ruth, who
asked me about the Uniform Federal Lien Registration
Act (UFLRA), which through its misapplication and/or by
the malice and negligence of the County Recorders
across this land, has so badly damaged the people.
Scope: General distribution.
Subject: A letter to Ruth, and The County Recorder's Cooked Book.
Topics: IRS liens and how to proceed with County Recorders.
Dear Ruth,
The filing of a federal tax lien is based upon the presumption that
the victim is a citizen (of some sort) and therefore owes allegiance
and debt-performance upon a third-party-created private United States'
public debt, the validity of which cannot be questioned by the victim.
The filing of federal tax liens is generally done under the guise, or
color of, Title 26 United States Code (USC), Section (_) 6323, which
is captioned: "Validity and priority against certain persons", and
_6323(f) describes the place for filing the notice of lien, to wit:
(f) Place for filing notice; form
(1) Place for filing
The notice referred to in subsection (a) shall be
filed -
(A) Under State laws
(i) Real property
In the case of real property, in one office
within the State (or the county, or other governmental
subdivision), as designated by the laws of such State,
in which the property subject to the lien is situated;
and
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(ii) Personal property
In the case of personal property, whether
tangible or intangible, in one office within the State
(or the county, or other governmental subdivision), as
designated by the laws of such State, in which the
property subject to the lien is situated, except that
State law merely conforming to or reenacting Federal law
establishing a national filing system does not
constitute a second office for filing as designated by
the laws of such State; or
(B) With clerk of DISTRICT COURT
In the office of the clerk of the United States
DISTRICT COURT for the judicial DISTRICT in which the
property subject to the lien is situated, whenever the
State has not by law designated one office which meets
the requirements of subparagraph (A); or
(C) With Recorder of Deeds of the DISTRICT of
Columbia
In the office of the Recorder of Deeds of the
DISTRICT of Columbia, if the property subject to the
lien is situated in the DISTRICT of Columbia.
Examining 26 USC _6323(f) as to the "Place for filing notice; form",
relative to liening real property under 26 USC _6323(f)(1)(A)(i), and
relative to liening personal property under 26 USC _6323(f)(1)(A)(ii),
the designated place for filing, Under State laws, is in one office
within the State (or the county, or other governmental subdivision).
The other two places where these notices of lien may be filed, under
26 USC _6323(f)(1)(B), is with the clerk of the United States'
District Court for the district wherein the liened property is
located, and the third place of such filings under 26 USC
_6323(f)(1)(C), is in the office of the Recorder of Deeds of the
District of Columbia.
Simply put, there are only three places where their notice of lien can
be filed: specifically, (1) in one office within the State <as in the
County Recorder's Office>, (2) with the clerk of the District Court,
or (3) in the office of the District of Columbia Recorder of Deeds.
Relative to liening real property under 26 USC _6323(f)(1)(A)(i), and
relative to liening personal property under 26 USC _6323(f)(1)(A)(ii),
the designated place for filing, under State laws, is in one office
within the State (or the county, or other governmental subdivision).
In order for anyone to file any lien, bonding by the "making" party is
required. Such bonding by the "making" party can be accomplished by
posting (placing in trust) some of the "makers" money and/or property,
or by way of a certification made under the penalties of perjury where
the "making" party pledges, on his honor, that his statement is true.
Here the words: "making" and "taking" parties must be defined.
First, you must understand that there is one who makes a certification
and there is one who takes a certification.
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The making party is the one who signs the statement under the
penalties of perjury that the facts he has presented on his document
are true and correct, and by the presence of his signature, the making
party is pledging and bonding himself and his properties to his word
of honor, enforceable under criminal codes and penalties.
The taker is such as a notary public or magistrate, and is one who
takes the certification before whom the maker certifies and executes,
and the taker of an acknowledgment is one who is authorized by statute
to be a witness to the signature of the maker of the acknowledgment.
As set forth in the California Civil Code (CC) Sections (__) 1180 and
1181, takers of acknowledgments include judges, justices, retired
judges and justices, all clerks of court, all notaries public, county
clerks, court commissioners, district attorneys, clerks of boards of
supervisors, city clerks, county counsels, or city attorneys.
The definition of a Notary Public, as a taker of acknowledgments, is
set forth in Black's 5th Law Dictionary, on page 956, to wit:
A public officer whose function it is to administer
oaths; to attest and certify, by his hand and official
seal, certain classes of documents, in order to give
them credit and authenticity in foreign jurisdictions;
to take acknowledgments of deeds and other conveyances,
and certify the same; and to perform certain official
acts, chiefly in commercial matters, such as the
protesting of notes and bills, the noting of foreign
drafts, and marine protests in cases of loss or damage.
One who is authorized by the state or federal government
to administer oaths, and to attest to the authenticity
of signatures.
<EMPHASIS ADDED>
A familiar example is when one needs to verify to some fact in writing
by sworn oath, or under penalty of perjury, and when one needs the
services of a notary public who is an officer authorized by law to
take acknowledgements. The notary certifies on the instrument that
it has been so acknowledged (or certified) by the "maker".
Here the notary takes the acknowledgment that is made before him.
We are dealing with words, the meanings of which should be understood.
Acknowledgment has generally the same meaning as the words like
certification, statement, verification, attestation and the like, and
it is used commonly in association with the words make and take.
CCP _2015.5 provides that whenever, under any law, rule or regulation,
an affidavit or other sworn statement is required or permitted to
support "any matter," such matter "may with like force and effect" be
supported by an "unsworn statement, declaration, verification, or
certificate." The declaration must give the date and place of
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execution and must be subscribed and "certified or declared" to be
true "under penalty of perjury." The unsworn certification or
declaration may be in substantially the following form:
"I certify (or declare) under penalty of perjury that the foregoing is
true and correct":
----------------------------- -----------------------------------
(Date and Place) (Signature)
If the certification were being made in a foreign jurisdiction most-
likely the following clause would be applicable:
"If executed at any place, within or without this state: I certify
(or declare) under penalty of perjury under laws of the State of
California that the foregoing is true and correct":
----------------------------- -----------------------------------
(Date and Place) (Signature)
CCP _2015.5, provides that all of the writings which by California law
are required to be proved, must be sworn to, or contain in writing, a
penalty of perjury clause above the signature of the signatory, (the
subscriber, maker, attestant, attester or otherwise, the executor).
We have all seen or used this form of certification on documents.
The aforementioned format for an unsworn declaration under penalty of
perjury is in para materia with Title 28, United States Code _1746.
The definition of an unsworn statement is also found in the RECORDERS'
DOCUMENT REFERENCE MANUAL - A TRAINING MANUAL FOR STATE-WIDE RECORDING
PERSONNEL, which is AN OFFICIAL PUBLICATION OF THE COUNTY RECORDERS'
ASSOCIATION OF CALIFORNIA - 1993 EDITION, where on page A - 1 we find:
UNSWORN STATEMENT (VERIFICATION) - A statement by an
individual under penalty of perjury that the contents of
a writing are true.
"Certification" is defined in Black's Fifth Edition, Page 206 where it
states, to wit:
Certification. The formal assertion in writing of some
fact. The act of certifying or state of being
certified.
<EMPHASIS ADDED>
As can be seen, by gaining an understanding of the meaning of the word
certification, your research will demonstrate that the word means the
same as the words, "acknowledgment", "verification", "declaration",
"statement", "attestation", "proof", and "asseveration", and an
unsworn certification usually looks something like the foregoing.
Here the definition of acknowledgment is found again in the RECORDERS'
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DOCUMENT REFERENCE MANUAL - 1993 EDITION we find on page A - 1:
ACKNOWLEDGMENT - A formal declaration made before an
authorized person such as a notary public, by a person
who has executed an instrument stating that the
execution was his / her act. Authenticates the
identity of the signor.
Black's Law Dictionary, Fifth Edition, page 21, Instruments under
Acknowledgment, which reads, to wit:
Acknowledgment, Instruments
Formal declaration before authorized official, by person
who executed instrument, that it is his free act and
deed. The certificate of the officer on such instrument
that it has been so acknowledged. See also Attestation
clause; Jurat; Notary public; Verification.
This certification of acknowledgement upon the instrument is that
other attestation, certification or acknowledgement which is mentioned
in the last phrase in UFLRA Section 2102 (infra) as being unnecessary.
This is because the acknowledgement is said to be "in the office" of
the Secretary or his delegate who must certify to the truth of the
lien and must be available to be viewed there, when necessary.
Here, I don't want to get too far ahead of myself because I intend to
establish the fact that virtually all of these liens are bogus frauds.
I suggest that you pull CCP Section 2015.5, or your state equivalent,
for yourself and study it, because it's too long to write it out here.
The words "acknowledgment", "asseveration", "attestation", "proof",
"statement", "certification", "declaration", and "verification", all
mean the same thing, thus when _6065 of the Internal Revenue Code
(IRC) uses the words: declaration, statement, verified, and penalties
of perjury, we now know how to understand _6065, to wit:
SEC.6065. VERIFICATION OF RETURNS.
Except as otherwise provided by the secretary, any
return, declaration, statement, or other document
required to be made under any provision of the internal
revenue laws or regulations shall contain or be verified
by a written declaration that it is made under the
penalties of perjury.
<EMPHASIS ADDED>
IRC _6065 says any return, declaration, statement, or other document
required to be made under any provision of the internal revenue laws
or regulations, "*** shall contain or be verified by a written
declaration that it is made under the penalties of perjury", inclusive
of any notice of lien made under the provisions of 26 USC _6323, and
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_6065 means that the clause must be in writing on the document itself!
Here in _6065 it is quite important to understand the contra-positive
that: " *** any ***declaration, statement, or other document <not>
required to be made under any provision of the internal revenue laws
or regulations shall <not> contain or be verified by a written
declaration that it is made under the penalties of perjury.
Simply put, if a declaration, statement, or other document is <not>
verified by a written declaration that it is made under the penalties
of perjury, then it is <not> required to be made under any provision
of the internal revenue laws or regulations.
More simply put, if a declaration, statement, or other document is
<not> verified by a written declaration that it is made under the
penalties of perjury, then it is <not> a declaration or statement !!
Now let us see exactly who is required to certify, by looking at the
internal revenue code (IRC) at Section 7622(a) which states, to wit:
SEC. 7622. AUTHORITY TO ADMINISTER OATHS AND CERTIFY.
(a) Internal Revenue Personnel. -- Every officer
or employee of the Treasury Department designated by the
Secretary for that purpose is authorized to administer
such oaths or affirmations and to certify to such papers
as may be necessary under the internal revenue laws or
regulations made thereunder.
<EMPHASIS ADDED>
That means that all " *** papers as may be necessary *** ", inclusive
of any notice of lien made under the provisions of 26 USC _6323, must
be certified by the Secretary or by his designated officer, and _6065
dictates that the clause must be in writing on the document itself !
The filing of a federal lien is controlled by the Uniform Federal Lien
Registration Act (UFLRA), which has been adopted by thirty six States.
Since the UFLRA has been adopted by (at least) one state, it must be
generally recognized and applicable in all states, pursuant to Article
4, Section 1, Clause 1 of their constitution, to wit:
ARTICLE IV., Section 1, Clause 1.
Full Faith and Credit shall be given in each State to
the public Acts, Records, and judicial Proceedings of
every other State.
The UFLRA, as California law, adopted in 1979, requires at least one
certification on any notice of lien, as is set forth under IRC _6065.
In California, the UFLRA has been codified under the provisions of the
California Code of Civil Procedure (CCP), Section (_) 2102, to wit:
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_2102. Certification of Notices.
Certification of notices of liens, certificates, or
other notices affecting federal liens by the Secretary
of the Treasury of the United States or his or her
delegate, or by any official or entity of the United
States responsible for filing or certifying of notice of
any other lien, entitles them to be filed and no other
attestation, certification, or acknowledgment is
necessary.
The words: " *** Certification *** by the Secretary *** " are very
important because they designate exactly who shall certify the notice.
The words "no other", used in " *** no other attestation *** ", should
be noticed because they are immensely important to what is being said.
What is being said in CCP _2102, and UFLRA generally, is that:
IF the document were a certification *** made by the Secretary of the
Treasury of the United States or his or her delegate, or
IF the document were certified by any official or entity of the United
States responsible for filing or certifying *** any other lien (other
than that propounded by the Secretary of the Treasury),
THEN the document would contain a certification (of some sort), and
THEN no other attestation, certification, or acknowledgment is
necessary, since the certification that is already on the document is
sufficient for its purpose.
Simply put, certification entitles notices of lien to be filed, and
certification is absolutely essential to have any lien-claim recorded.
Since "Certification of *** entitles them to be filed", once a
certification has been made by the Secretary of the Treasury of the
United States or his or her delegate, or by any official or entity of
the United States responsible for filing or certifying to the
validity, authenticity, and/or debt value of such " *** notices of
liens, certificates, or other notices affecting federal liens *** ",
then clearly, " *** no other attestation, certification, or
acknowledgment is necessary", since one already exists (supposedly).
In its simplest form CCP _2102 reads:
Certification *** entitles them to be filed and no other
attestation, certification, or acknowledgment is
necessary.
So with the knowledge of what a certification looks like, let us now
review CCP Section 2102 as to what it actually says.
When we look at the grammatical structure of the sentence we see that
the subject is the noun Certification, and that the verb is entitles,
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so, the sentence in its most simple form reads: Certification (noun),
entitles (verb).
This raises the questions:
Certification entitles what?
Clearly, Certification entitles them to be filed.
Then, to what does the pronoun them refer?
The pronoun them is a direct object, and it refers to the notices of
liens, certificates, or other notices affecting federal liens, which
are found in the prepositional phrase following the sentence subject
(certification), where such phrase is used as an adjective clause
modifying the subject (certification), which describes what kind of
"certification" entitles the filing of the said notices of liens,
certificates, or other notices affecting federal liens.
Here it should be noticed: The contraposative of that statement would
be: Non-Certification does not entitle notices of liens to be filed.
Our current experience with filings of notices of liens shows they are
not filed with the clerk of the District Court, nor are they filed in
the office of the Recorder of Deeds of the District of Columbia, but
rather they are filed for recording (recordation) exclusively with the
respective County Recorders, wherein the liened property exists.
Here it should be noticed that, generally, county power in, descending
order, is: (1) The Sheriff, (2) The Coroner, (3) The County Clerk.
The County Clerk wears three (3) hats: (1) The County Clerk, (2)
Clerk of the Superior Court, ex officio, and (3) The County Recorder.
NOTE: Notices of liens become perfected as liens upon their proper
filing and recording in their respective County Recorder's Office.
Now what magically happens to change a notice of lien into a lien upon
filing and recording?
Under the initial premise that the filing of a federal tax lien is
based upon the presumption of debt, and upon the presumption of a
contractual agreement, made under assumpsit, that the alleged citizen-
victim owes allegiance and debt-performance upon a third-party-created
private United States' public debt, where the citizen-victim is
constitutionally prohibited from questioning the validity of such debt
by Amendment 14, Section 4, Sentence 1 of their constitution, to wit:
The validity of the public debt of the United States,
authorized by law, including debts incurred for payment
of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned.
Based upon the presumption of a preexistent debt due and owing to the
United States, et alii, in trots the IRS agent, with his uncertified
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Notice of Lien (bill of particulars), written on their official Form
668 (or like IRS stationary), which is nothing more than a petition
for the entry of an order of default, foreclosure and execution upon a
property, where such petition is presented to the County Recorder, who
acts in the alternate capacity of a magistrate, who is authorized to
issue the said order as the Clerk of the Superior Court, ex officio.
At this juncture, after having received the said petition for the
entry of an equity order of default, foreclosure and execution upon
the victim's property, the Clerk of the Superior Court - magistrate,
ex officio, changes hats to act in the alternate capacity of the
County Recorder whereupon the said uncertified Notice of Lien (bill of
particulars), is sort of recorded into the county's permanent records.
Here I generously use the words: sort of recorded, because I have yet
to see one of these so-called "lien recordings" that actually meets
the criteria of law, specifically that of the California Code of Civil
Procedure (CCP), Section (_) 2102 (Certification of notices of liens).
Here I urge you to review all of CCP from _2100 thru _2107 inclusive.
On examining the Form 668 Notice of Lien, you will see a NOTE stating:
"Certificate of officer authorized by law to take acknowledgments is
not essential to the validity of Notice of Federal Tax lien Rev. Rul.
71-466, 1971 - 2 C.B. 409)."
In its simplest form, the NOTE says that in the case of a Notice of
Federal Tax Lien, no officer authorized by law is required to perform
the function like that of a notary public, so as to take the
acknowledgment (or certification) of the one who must make the
acknowledgment or certification.
This NOTE also cites a revenue ruling which is an old discussion
arising under IRC __ 6323 and 6325, and which has been out-of-date for
at least fourteen years; however, they still print it on the form,
possibly to confuse, confound, and mislead the lien victims.
If you research the ruling you will find that it relates to whether or
not district directors of internal revenue are required to acknowledge
documents.
Now you can understand the NOTE at the bottom of the notice of lien.
We have found that County Recorders have been recording notices of
liens (which become liens upon recording), which do not contain the
required certification as set forth in CCP Section 2102, which would
entitle them to be recorded in the official records of the county.
Here I want to introduce: LIBEL, LIABLE, and LIABILITY.
LIBEL is when someone writes or publishes anything about you that is
untrue, and thus demeaning to your character, standing, or status.
LIABLE is the result of when you sue his pants off and win your case.
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Thus if you have suffered a LIBEL (a tort) you can cause the LIBELIST
(the tort-feasor) to owe you a heap of money or other property as
compensation for the damages he has caused you, which is then defined
as the LIBELIST'S (the tort-feasor's) LIABILITY, (his debt owing).
Through the malfeasance and malice of these recorders, they and the
supervisors of the counties for whom they are officers, have acted to
officially publish what are in fact hearsays and lies, to the damage
of those so libeled.
California Penal Code (PC) Sections 248 through 257 address the
activity of libel. You will have to pull and carefully study these
sections yourself because they are too extensive to write up in this
letter, but PC _250 states, to wit:
[When] malice presumed. An injurious publication is
presumed to have been malicious if no justifiable motive
for making it is shown.
<EMPHASIS ADDED
Without the certification required in CCP _2102, there is no
justifiable motive for these liens to be recorded and published in any
official county record, and therefore malice must be presumed by law.
The County Recorder, the county supervisors, and the county itself are
subject to the criminal libel laws if they were sued by you for treble
damages resulting from their malicious civil libel.
Since you probably know the name of the IRS-man who has instigated the
fraudulent claim against your good name, then you probably know the
identity of the person who acted with the recorder to conspire to
extort money by threatening to publish the libel, as covered in Penal
Code Section 257.
Let's look at how you might proceed to investigate and to establish
the facts, relating to the recordation of your so-called lien;
How you might act to have the so-called lien removed, at the very
least, from the county's official records; and
How you might proceed to investigate and establish the facts which
could support a solid civil suit for damages against the recorder,
county supervisors, the county and everyone else involved in these
libels, frauds, constructive frauds, or conversions, etceteras.
The certification is what we want to see when we visit the County
Recorder's Office. We will seek the certification of notice of lien
which entitled the lien to be filed in his Office in the first place.
When he cannot produce it, because it almost certainly does not exist,
you have him right where you want him, and the county along with him.
If you intend to proceed with this strategy, try to follow the steps
carefully and in order. I am trying to lay out a course which will
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provide for success in a setting where different Recorder's Offices
follow different procedures, some following some of the requirements
of the applicable law for County Recorders, and some not following any
of the requirements of the law. I have seen many variations on the
theme but I have not seen the law followed in full, and I have never
seen a notice of lien which has contained a certification, under
penalty of perjury, which is the prerequisite to its recording.
As evidence, you may want to present a copy of your Part 3 of the
notice of lien, which is presumedly an exact carbon-copy of the
original (Part 1 - supposedly kept on file by the recording officer).
The original (Part 1) of the notice of lien is the document that must
be presented to the County Recorder by IRS with the request from the
Secretary of the Treasury or his or her delegate, that such original
document be approved by the County Recorder as authorized by law to be
recorded in the Official Records of the County against the victim.
According to California Government Code Section 27206 <read it>, the
County Recorder may destroy federal tax liens eight years after the
lien was filed in his office; provided, a microfilm copy of each
unreleased tax lien has been made and certified. Read it!
Accordingly, if you are within the said eight year period, the County
Recorder should have the original files and recorded document on file
and available to you for inspection or copying, as is required by
California Government Code _6250 and/or California Civil Code _1798.
In some, if not all of the counties, the Recorders' Offices are saying
that the liens are thrown out as soon as they are microfilmed. If
this were so, this is a violation of Government Code Section 27206,
and amounts to the primary destruction of evidence, at the very least.
Now, your job will be to investigate the County Recorder to see what
documents are in his possession; to find whether the original (Part
1) has, in fact, been recorded; and if it has (whether it contains)
the certification, which entitles the notice of lien to be filed in
the first instance, as required by law in CCP _2102.
Aside from the already mentioned California Government Code _6250
and/or California Civil Code _1798, you have the absolute authority to
demand certified copies of all notices of lien and of all certificates
in support of the recordation of all notices affecting any liens filed
or recorded against you or your good name under CCP _2103(d), to wit:
Upon request of any person, the filing officer shall
issue his or her certificate showing whether there is on
file, on the date and hour stated therein, any notice of
lien or certificate or notice affecting any lien filed
after January 1, 1968, under this title or former
Chapter 14 (commencing with Section 7200) if Division 7
of Title 1 of the Government Code, naming a particular
person, and if a notice or certificate is on file,
giving the date and hour of filing of each notice or
certificate. Upon request, the filing officer shall
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furnish a copy of any notice of federal lien, or notice
or certificate affecting a federal lien. If the filing
officer is a county recorder, the fee for the
certificate for each name searched shall be set by the
filing officer in an amount that covers actual costs,
but that, in no event, exceeds fifteen dollars ($15),
and the fee for copies shall be in accordance with
Section 27366 of the Government Code.
The following is an outline of those steps that I would take if my
property were being threatened by these habitually lawless hoodlums.
1 -- To get started, get serious or don't get started! Gather around
you a small group of reliable friends <no flakes> who can help as
witnesses, and counsels. You must learn to keep meticulous records,
to carefully preserve your evidence, to keep your affidavits faithful
and current, to give technical attention to the slightest details, and
to let your mind be disciplined and free.
2 -- Call the County Recorder's Office and find out where you have to
go to pick up a certified copy of the Recorder's Oath of Office, and
which Office houses the general index and other index books.
3 -- You must take with you two witnesses, an absolutely reliable tape
recorder, a copy of this letter or some other printout of the
pertinent law, and go down to the Recorder's Office.
4 -- Stop off and pick up a certified copy of the Recorder's Oath and
then, with your witnesses at your side and your tape recorder
recording, engage an assistant recorder and ask her for her name.
Hand her a letter signed by you, requesting the County Recorder (as
provided in CCP _2103(d)) to issue his certificate showing whether
there is on file, on the date and hour stated therein, any notice of
lien or certificate or notice affecting any lien filed under the
Uniform Federal lien Registration Act, or former Chapter 14
(commencing with Section 7200) of Division 7 of Title 1 of the
Government Code naming _______________________, against whose interest
the lien applies, and if a notice or certificate is on file, giving
the date and hour of filing of each notice or certificate.
In addition, the letter should request that the recorder furnish a
copy of any notice of federal lien, or notice or certificate affecting
a federal lien.
The letter should request that the Recorder's Certificate be made in
accordance with the requirements set forward in California Evidence
Code _1531, that is, that it must state in substance that the copy is
a correct copy of the original writing recorded in the official
records of the county, and signed by the recorder, or, stamped with a
reproduced facsimile signature provided such certification has the
seal of the Recorder's Office affixed thereto.
The California Evidence Code, Chapter 2, Article 2, Official Writings
and Writings, speaks to the attestation that the copy is a correct
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copy of the original, as set forth in _1531, to wit:
For the purpose of evidence, whenever a copy of a
writing is attested or certified, the attestation or
certificate must state in substance that the copy is a
correct copy of the original or of a specified part
thereof, as the case may be.
The California Evidence Code speaks to Official records and Writings,
and the rule for Recorded Writings, as set forth in _1532, speaks to
the rules of effecting the burden of producing evidence for original
official recorded writings, to wit:
(a) The official record of a writing is prima facie
evidence of the existence and content of the original
recorded writing if: (1) The record is in fact a
record of an office of a public entity; and (2) A
statute authorized such a writing to be recorded in that
office.
(b) The presumption established by this section is a
presumption affecting the burden of producing evidence.
<EMPHASIS ADDED>
5 -- Be prepared to pay $15 for your name search certificate and $5
for the copy of the notice of federal lien.
6 -- Check and make certain that when you receive the copy of the
notice of lien, that she gives you the copy of both the front and
back. Remember, Government Code _27320 requires that the recorder
endorse (on the back of) the notice of lien, the proper filing number,
the year, month, hour, and minute of its reception, that is if it were
to have contained the certification in order for it to be authorized
by law to be recorded in the first instance. (The endorsement
requirement is the reason for the printed form on the back left of the
notice.)
7 -- Examine the statement of the Recorder's Certificate. Make sure
that it says that it is a correct copy of the original writing
recorded in his official records.
8 -- When you pay the fees, ask for an official receipt which has been
dated and timed, and which lists the services you paid for. Request
that she identify herself on the receipt as the assistant recorder who
provided the services.
NOTE: The tape recording is important because it will be admissible
in a court as evidence as long as it was made in an open and public
room. You will be amazed at what kind of admissions will be made in
your presence. The tape recorder will also provide you and your
witnesses with a reliable record when you write-up your affidavits on
the proceedings, which you should all do immediately, while your
memories are fresh.
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9 -- Now ask the assistant recorder to allow you to see the general
index in which the name of the person against whose interest the lien
applies is indexed. If there is a federal lien against your name it
must be indexed in the general index, in accordance with the provision
found in CCP _2103(a)(2), and in the Government Code.
This is a public index and it must be displayed upon demand. Ask to
get a copy of the general index of the lien. If this is impossible,
then you and your witnesses must make a diagram with good notations of
the format of the index's columns and their categories. Make note of
each column entry found in each column of the index of the lien.
10 - Now ask the assistant recorder to show you any other index where
any lien and/or annexed documents appear against the named party, and
if there are others, make further notations.
Always feel free to make verbal notes onto the tape recorder so as to
preserve details which might strike you as significant.
NOTE: This whole exercise is simply to establish and to witness to
just what document(s) the Recorder's Office possesses, what
document(s) have been published, and what document(s) have been
officially published.
Remember, if you are able to look upon a notice of lien, a copy of a
notice of lien or a microfilm projection of a notice of lien, then the
Recorder exposed the writing to be read or seen by any other person
then himself, in a book or by device.
If the writing is not certified under penalty of perjury by the
writer, then the writing is published without justifiable motive and
acts to libel the party damaged thereby.
11 - If the assistant recorder will not produce those things required
in your written request then it is time to visit the recorder himself.
Tell him that your business with him is public and that you want to
speak with him in a public room, rather then in his private office.
Remember that you can record for evidence in a public place. Give
him the letter of request, or a copy of it.
If you were unable to see the general index entry and any other index
entry against your name while working with the assistant recorder,
then you must require the Recorder to do his job and let you view the
public records.
You must acquire from him the issue of certificate as mentioned in
Step 4 (above) and the copy certified to be a correct copy of the
original notice of lien. This should not take him more than fifteen
or twenty minutes, max.
Do not leave the Office until you have what you came for. Do not
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give him any extended time to produce the copy. Do not discuss
anything except your need for the certified copy, your need for his
issued certificate, and your need to see the indexes. Do not let him
cause you to doubt your authority to demand, by law, those thing which
you demand. Make him do his job.
Remember too, do not get into a discussion about the validity of the
IRS lien. You are in the Recorder's Office solely to investigate the
validity of the recording of the notice, so as to determine whether it
is certified and therefore whether it is entitled to be recorded.
12 - Once you have the items requested in the letter of request, ask
the Recorder himself to show you the certification which entitled the
notice to be recorded in his Office (he may faint).
Do not enter into discussion with him about the meaning of the law as
found in the UFLRA or anywhere else. Either he has the certification
or he doesn't. Don't help him out by telling him that it would be
found upon the notice of lien itself, over the signature of the
certifier. He certainly should know his job, and probably would
admit to the fact that he has filed hundreds of these liens for the
IRS, and that no one has ever asked for a certification before, all of
which you will get recorded on your tape.
If he says he doesn't have such a certification (which you will also
get on tape), ask him for that statement in writing and get him to
certify to its truthfulness. But let him know that you must have
either a certified copy of the entitling certification or a statement
that he does not possess such a certification, and that you will wait
for him to produce either the one or the other.
NOTE: Remember, the entitling certification must be contained within
the notice of lien itself which entitles the notice to be filed (but
don't discuss this with the recorder). Read above, the Internal
Revenue Code Section 6065 where it says: "shall contain".
13 - Now that you have everything that was requested in the letter of
request, and the certified statement that there is no certification
on the notice of lien, then hand him a letter of notice and demand,
demanding that he remove the lien from his official records
immediately, and that he certify to a statement that there is no lien
which has been lawfully recorded in his Office.
If the recorder were to refuse to honor your demands to remove the
lien immediately, then you will have to seek an order issued out of
the Superior Court for him to remove the lien, or show cause as to why
he should not be ordered to remove it, since, by law it should never
have been recorded in his public county records in the first place.
Likewise, if the County Recorder were to refuse to provide you with
the appropriate documents, as described above, you can seek an order
to show cause in the Superior Court for the County Recorder to appear
in open court to demonstrate as to why he is exempted from obeying the
laws that control his Office.
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Alternatively, you may want to haul them into Federal Court under 28
USC _1331 on an order to show cause, so as to have the State Attorney
General and the United States Attorney General, or their respective
delegates, to appear and to demonstrate that their constitution, which
created their office, in the first instance, operates upon you, such
that their private United States Public Debt obligates you in any
manner. When they cannot establish that their constitution operates
upon you, they have likewise established that there is no lawful debt
due and owing to the United States, et al., therefore there would be
no lawful lien that could be made upon such a nonexistent debt !
Or, you might consider reviewing our April 10th presentation tapes
which cover some of these very same technologies.
As Bill has so aptly suggested on his LAW 101 tapes, consider that you
are standing before the doors of a great legal arsenal, full of legal
armaments, where all are available to you at the stroke of your mighty
pen. Then all you need do is to throw open the heavy doors, pull out
your choicest tool from a room full of remedies, and kick their butts.
NOTE: Now, if you are well prepared, well studied, and determined, I
believe you could very well get what you want right then and there.
Do not worry, because if he does not give you everything that you
need, you will have tape recorded every request you have made, and
every denial he has made. And you and your witnesses will have
captured every little bit in your memories and will faithfully make
out your affidavits while the events are still fresh in your minds.
Then with all that evidence you will later be prepared to sue the
County Recorder under Title 18 United States Code, Racketeering, for
one count after another of Obstruction of Justice, each count valued
at $250,000, times three for treble damages.
If the people were to use this method against the recorders, in just
two or three counties in California, I believe we would see the
weakest link in the IRS property-theft and racketeering chain broken.
In closing, please keep me apprised of your progress in these regards.
Sincerely,
Cher Medina.
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<EOF>_
ferreting out, and compiling the information contained in her Letter
to Ruth, published in the American's Bulletin, July-August issue.
Subscriptions to the Bulletin are available from:
THE AMERICAN'S BULLETIN
Mr. Robert Kelly, Sui Juris, Editor
c/o Post Office Box 3096
Central Point, Oregon (locale)
Postal Zone: 97502
(1-541) 779-7709
(This address revised: July 15th 2001
If you are not already a subscriber to the American's Bulletin, may I
urge you to become one. From time to time, there are some excellent,
informative, and educational articles published in the Bulletin, and
it is a lost educational opportunity to miss any of them.
Cher's article is not entirely perfect because there are some typo-
graphic mistakes, thus Cher has prepared an errata ------------------
----------------------.
Also Cher has corrected the sixteen pages of 8 1/2 x 11 hard copy
which contains all of the emphases, italics, bolding, and underlining
that does not appear in the original American's Bulletin article text
due to the fact that the article was transmitted by computer modem to
the Bulletin in an ASCII text file format, and emphases cannot be
preserved or transmitted in an ASCII text file format.
Those obtaining the floppy disk containing said ASCII files of Cher's
article and the 960601AA (Denham) letter are free to reprint them, to
copy them, or in the alternative, to put them into the appropriate
place(s) on the internet.
This is for all of the folks here on the great American Plantation."
Finally, Cher is amassing an evidence file depicting this county
recorder-IRS conspiracy to convert private property for public use
without just compensation.
Thanking you for your consideration and participation in this ongoing
struggle, I remain
very truly yours,
Bill Medina.
----------------------- BEGIN CHER'S TEXT HERE -----------------------
Cher Medina, Alieni Juris
c/o Post Office Box 70400
Sunnyvale, California (locale)
Postal Zone: 94086-0400
June 27th, 1996
Miss Ruth Scherfenberg, Sui Juris
.................................
.................................
.................................
In Re: With many thanks and in answer to my friend Ruth, who
asked me about the Uniform Federal Lien Registration
Act (UFLRA), which through its misapplication and/or by
the malice and negligence of the County Recorders
across this land, has so badly damaged the people.
Scope: General distribution.
Subject: A letter to Ruth, and The County Recorder's Cooked Book.
Topics: IRS liens and how to proceed with County Recorders.
Dear Ruth,
The filing of a federal tax lien is based upon the presumption that
the victim is a citizen (of some sort) and therefore owes allegiance
and debt-performance upon a third-party-created private United States'
public debt, the validity of which cannot be questioned by the victim.
The filing of federal tax liens is generally done under the guise, or
color of, Title 26 United States Code (USC), Section (_) 6323, which
is captioned: "Validity and priority against certain persons", and
_6323(f) describes the place for filing the notice of lien, to wit:
(f) Place for filing notice; form
(1) Place for filing
The notice referred to in subsection (a) shall be
filed -
(A) Under State laws
(i) Real property
In the case of real property, in one office
within the State (or the county, or other governmental
subdivision), as designated by the laws of such State,
in which the property subject to the lien is situated;
and
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(ii) Personal property
In the case of personal property, whether
tangible or intangible, in one office within the State
(or the county, or other governmental subdivision), as
designated by the laws of such State, in which the
property subject to the lien is situated, except that
State law merely conforming to or reenacting Federal law
establishing a national filing system does not
constitute a second office for filing as designated by
the laws of such State; or
(B) With clerk of DISTRICT COURT
In the office of the clerk of the United States
DISTRICT COURT for the judicial DISTRICT in which the
property subject to the lien is situated, whenever the
State has not by law designated one office which meets
the requirements of subparagraph (A); or
(C) With Recorder of Deeds of the DISTRICT of
Columbia
In the office of the Recorder of Deeds of the
DISTRICT of Columbia, if the property subject to the
lien is situated in the DISTRICT of Columbia.
Examining 26 USC _6323(f) as to the "Place for filing notice; form",
relative to liening real property under 26 USC _6323(f)(1)(A)(i), and
relative to liening personal property under 26 USC _6323(f)(1)(A)(ii),
the designated place for filing, Under State laws, is in one office
within the State (or the county, or other governmental subdivision).
The other two places where these notices of lien may be filed, under
26 USC _6323(f)(1)(B), is with the clerk of the United States'
District Court for the district wherein the liened property is
located, and the third place of such filings under 26 USC
_6323(f)(1)(C), is in the office of the Recorder of Deeds of the
District of Columbia.
Simply put, there are only three places where their notice of lien can
be filed: specifically, (1) in one office within the State <as in the
County Recorder's Office>, (2) with the clerk of the District Court,
or (3) in the office of the District of Columbia Recorder of Deeds.
Relative to liening real property under 26 USC _6323(f)(1)(A)(i), and
relative to liening personal property under 26 USC _6323(f)(1)(A)(ii),
the designated place for filing, under State laws, is in one office
within the State (or the county, or other governmental subdivision).
In order for anyone to file any lien, bonding by the "making" party is
required. Such bonding by the "making" party can be accomplished by
posting (placing in trust) some of the "makers" money and/or property,
or by way of a certification made under the penalties of perjury where
the "making" party pledges, on his honor, that his statement is true.
Here the words: "making" and "taking" parties must be defined.
First, you must understand that there is one who makes a certification
and there is one who takes a certification.
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The making party is the one who signs the statement under the
penalties of perjury that the facts he has presented on his document
are true and correct, and by the presence of his signature, the making
party is pledging and bonding himself and his properties to his word
of honor, enforceable under criminal codes and penalties.
The taker is such as a notary public or magistrate, and is one who
takes the certification before whom the maker certifies and executes,
and the taker of an acknowledgment is one who is authorized by statute
to be a witness to the signature of the maker of the acknowledgment.
As set forth in the California Civil Code (CC) Sections (__) 1180 and
1181, takers of acknowledgments include judges, justices, retired
judges and justices, all clerks of court, all notaries public, county
clerks, court commissioners, district attorneys, clerks of boards of
supervisors, city clerks, county counsels, or city attorneys.
The definition of a Notary Public, as a taker of acknowledgments, is
set forth in Black's 5th Law Dictionary, on page 956, to wit:
A public officer whose function it is to administer
oaths; to attest and certify, by his hand and official
seal, certain classes of documents, in order to give
them credit and authenticity in foreign jurisdictions;
to take acknowledgments of deeds and other conveyances,
and certify the same; and to perform certain official
acts, chiefly in commercial matters, such as the
protesting of notes and bills, the noting of foreign
drafts, and marine protests in cases of loss or damage.
One who is authorized by the state or federal government
to administer oaths, and to attest to the authenticity
of signatures.
<EMPHASIS ADDED>
A familiar example is when one needs to verify to some fact in writing
by sworn oath, or under penalty of perjury, and when one needs the
services of a notary public who is an officer authorized by law to
take acknowledgements. The notary certifies on the instrument that
it has been so acknowledged (or certified) by the "maker".
Here the notary takes the acknowledgment that is made before him.
We are dealing with words, the meanings of which should be understood.
Acknowledgment has generally the same meaning as the words like
certification, statement, verification, attestation and the like, and
it is used commonly in association with the words make and take.
CCP _2015.5 provides that whenever, under any law, rule or regulation,
an affidavit or other sworn statement is required or permitted to
support "any matter," such matter "may with like force and effect" be
supported by an "unsworn statement, declaration, verification, or
certificate." The declaration must give the date and place of
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execution and must be subscribed and "certified or declared" to be
true "under penalty of perjury." The unsworn certification or
declaration may be in substantially the following form:
"I certify (or declare) under penalty of perjury that the foregoing is
true and correct":
----------------------------- -----------------------------------
(Date and Place) (Signature)
If the certification were being made in a foreign jurisdiction most-
likely the following clause would be applicable:
"If executed at any place, within or without this state: I certify
(or declare) under penalty of perjury under laws of the State of
California that the foregoing is true and correct":
----------------------------- -----------------------------------
(Date and Place) (Signature)
CCP _2015.5, provides that all of the writings which by California law
are required to be proved, must be sworn to, or contain in writing, a
penalty of perjury clause above the signature of the signatory, (the
subscriber, maker, attestant, attester or otherwise, the executor).
We have all seen or used this form of certification on documents.
The aforementioned format for an unsworn declaration under penalty of
perjury is in para materia with Title 28, United States Code _1746.
The definition of an unsworn statement is also found in the RECORDERS'
DOCUMENT REFERENCE MANUAL - A TRAINING MANUAL FOR STATE-WIDE RECORDING
PERSONNEL, which is AN OFFICIAL PUBLICATION OF THE COUNTY RECORDERS'
ASSOCIATION OF CALIFORNIA - 1993 EDITION, where on page A - 1 we find:
UNSWORN STATEMENT (VERIFICATION) - A statement by an
individual under penalty of perjury that the contents of
a writing are true.
"Certification" is defined in Black's Fifth Edition, Page 206 where it
states, to wit:
Certification. The formal assertion in writing of some
fact. The act of certifying or state of being
certified.
<EMPHASIS ADDED>
As can be seen, by gaining an understanding of the meaning of the word
certification, your research will demonstrate that the word means the
same as the words, "acknowledgment", "verification", "declaration",
"statement", "attestation", "proof", and "asseveration", and an
unsworn certification usually looks something like the foregoing.
Here the definition of acknowledgment is found again in the RECORDERS'
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DOCUMENT REFERENCE MANUAL - 1993 EDITION we find on page A - 1:
ACKNOWLEDGMENT - A formal declaration made before an
authorized person such as a notary public, by a person
who has executed an instrument stating that the
execution was his / her act. Authenticates the
identity of the signor.
Black's Law Dictionary, Fifth Edition, page 21, Instruments under
Acknowledgment, which reads, to wit:
Acknowledgment, Instruments
Formal declaration before authorized official, by person
who executed instrument, that it is his free act and
deed. The certificate of the officer on such instrument
that it has been so acknowledged. See also Attestation
clause; Jurat; Notary public; Verification.
This certification of acknowledgement upon the instrument is that
other attestation, certification or acknowledgement which is mentioned
in the last phrase in UFLRA Section 2102 (infra) as being unnecessary.
This is because the acknowledgement is said to be "in the office" of
the Secretary or his delegate who must certify to the truth of the
lien and must be available to be viewed there, when necessary.
Here, I don't want to get too far ahead of myself because I intend to
establish the fact that virtually all of these liens are bogus frauds.
I suggest that you pull CCP Section 2015.5, or your state equivalent,
for yourself and study it, because it's too long to write it out here.
The words "acknowledgment", "asseveration", "attestation", "proof",
"statement", "certification", "declaration", and "verification", all
mean the same thing, thus when _6065 of the Internal Revenue Code
(IRC) uses the words: declaration, statement, verified, and penalties
of perjury, we now know how to understand _6065, to wit:
SEC.6065. VERIFICATION OF RETURNS.
Except as otherwise provided by the secretary, any
return, declaration, statement, or other document
required to be made under any provision of the internal
revenue laws or regulations shall contain or be verified
by a written declaration that it is made under the
penalties of perjury.
<EMPHASIS ADDED>
IRC _6065 says any return, declaration, statement, or other document
required to be made under any provision of the internal revenue laws
or regulations, "*** shall contain or be verified by a written
declaration that it is made under the penalties of perjury", inclusive
of any notice of lien made under the provisions of 26 USC _6323, and
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_6065 means that the clause must be in writing on the document itself!
Here in _6065 it is quite important to understand the contra-positive
that: " *** any ***declaration, statement, or other document <not>
required to be made under any provision of the internal revenue laws
or regulations shall <not> contain or be verified by a written
declaration that it is made under the penalties of perjury.
Simply put, if a declaration, statement, or other document is <not>
verified by a written declaration that it is made under the penalties
of perjury, then it is <not> required to be made under any provision
of the internal revenue laws or regulations.
More simply put, if a declaration, statement, or other document is
<not> verified by a written declaration that it is made under the
penalties of perjury, then it is <not> a declaration or statement !!
Now let us see exactly who is required to certify, by looking at the
internal revenue code (IRC) at Section 7622(a) which states, to wit:
SEC. 7622. AUTHORITY TO ADMINISTER OATHS AND CERTIFY.
(a) Internal Revenue Personnel. -- Every officer
or employee of the Treasury Department designated by the
Secretary for that purpose is authorized to administer
such oaths or affirmations and to certify to such papers
as may be necessary under the internal revenue laws or
regulations made thereunder.
<EMPHASIS ADDED>
That means that all " *** papers as may be necessary *** ", inclusive
of any notice of lien made under the provisions of 26 USC _6323, must
be certified by the Secretary or by his designated officer, and _6065
dictates that the clause must be in writing on the document itself !
The filing of a federal lien is controlled by the Uniform Federal Lien
Registration Act (UFLRA), which has been adopted by thirty six States.
Since the UFLRA has been adopted by (at least) one state, it must be
generally recognized and applicable in all states, pursuant to Article
4, Section 1, Clause 1 of their constitution, to wit:
ARTICLE IV., Section 1, Clause 1.
Full Faith and Credit shall be given in each State to
the public Acts, Records, and judicial Proceedings of
every other State.
The UFLRA, as California law, adopted in 1979, requires at least one
certification on any notice of lien, as is set forth under IRC _6065.
In California, the UFLRA has been codified under the provisions of the
California Code of Civil Procedure (CCP), Section (_) 2102, to wit:
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_2102. Certification of Notices.
Certification of notices of liens, certificates, or
other notices affecting federal liens by the Secretary
of the Treasury of the United States or his or her
delegate, or by any official or entity of the United
States responsible for filing or certifying of notice of
any other lien, entitles them to be filed and no other
attestation, certification, or acknowledgment is
necessary.
The words: " *** Certification *** by the Secretary *** " are very
important because they designate exactly who shall certify the notice.
The words "no other", used in " *** no other attestation *** ", should
be noticed because they are immensely important to what is being said.
What is being said in CCP _2102, and UFLRA generally, is that:
IF the document were a certification *** made by the Secretary of the
Treasury of the United States or his or her delegate, or
IF the document were certified by any official or entity of the United
States responsible for filing or certifying *** any other lien (other
than that propounded by the Secretary of the Treasury),
THEN the document would contain a certification (of some sort), and
THEN no other attestation, certification, or acknowledgment is
necessary, since the certification that is already on the document is
sufficient for its purpose.
Simply put, certification entitles notices of lien to be filed, and
certification is absolutely essential to have any lien-claim recorded.
Since "Certification of *** entitles them to be filed", once a
certification has been made by the Secretary of the Treasury of the
United States or his or her delegate, or by any official or entity of
the United States responsible for filing or certifying to the
validity, authenticity, and/or debt value of such " *** notices of
liens, certificates, or other notices affecting federal liens *** ",
then clearly, " *** no other attestation, certification, or
acknowledgment is necessary", since one already exists (supposedly).
In its simplest form CCP _2102 reads:
Certification *** entitles them to be filed and no other
attestation, certification, or acknowledgment is
necessary.
So with the knowledge of what a certification looks like, let us now
review CCP Section 2102 as to what it actually says.
When we look at the grammatical structure of the sentence we see that
the subject is the noun Certification, and that the verb is entitles,
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so, the sentence in its most simple form reads: Certification (noun),
entitles (verb).
This raises the questions:
Certification entitles what?
Clearly, Certification entitles them to be filed.
Then, to what does the pronoun them refer?
The pronoun them is a direct object, and it refers to the notices of
liens, certificates, or other notices affecting federal liens, which
are found in the prepositional phrase following the sentence subject
(certification), where such phrase is used as an adjective clause
modifying the subject (certification), which describes what kind of
"certification" entitles the filing of the said notices of liens,
certificates, or other notices affecting federal liens.
Here it should be noticed: The contraposative of that statement would
be: Non-Certification does not entitle notices of liens to be filed.
Our current experience with filings of notices of liens shows they are
not filed with the clerk of the District Court, nor are they filed in
the office of the Recorder of Deeds of the District of Columbia, but
rather they are filed for recording (recordation) exclusively with the
respective County Recorders, wherein the liened property exists.
Here it should be noticed that, generally, county power in, descending
order, is: (1) The Sheriff, (2) The Coroner, (3) The County Clerk.
The County Clerk wears three (3) hats: (1) The County Clerk, (2)
Clerk of the Superior Court, ex officio, and (3) The County Recorder.
NOTE: Notices of liens become perfected as liens upon their proper
filing and recording in their respective County Recorder's Office.
Now what magically happens to change a notice of lien into a lien upon
filing and recording?
Under the initial premise that the filing of a federal tax lien is
based upon the presumption of debt, and upon the presumption of a
contractual agreement, made under assumpsit, that the alleged citizen-
victim owes allegiance and debt-performance upon a third-party-created
private United States' public debt, where the citizen-victim is
constitutionally prohibited from questioning the validity of such debt
by Amendment 14, Section 4, Sentence 1 of their constitution, to wit:
The validity of the public debt of the United States,
authorized by law, including debts incurred for payment
of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned.
Based upon the presumption of a preexistent debt due and owing to the
United States, et alii, in trots the IRS agent, with his uncertified
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Notice of Lien (bill of particulars), written on their official Form
668 (or like IRS stationary), which is nothing more than a petition
for the entry of an order of default, foreclosure and execution upon a
property, where such petition is presented to the County Recorder, who
acts in the alternate capacity of a magistrate, who is authorized to
issue the said order as the Clerk of the Superior Court, ex officio.
At this juncture, after having received the said petition for the
entry of an equity order of default, foreclosure and execution upon
the victim's property, the Clerk of the Superior Court - magistrate,
ex officio, changes hats to act in the alternate capacity of the
County Recorder whereupon the said uncertified Notice of Lien (bill of
particulars), is sort of recorded into the county's permanent records.
Here I generously use the words: sort of recorded, because I have yet
to see one of these so-called "lien recordings" that actually meets
the criteria of law, specifically that of the California Code of Civil
Procedure (CCP), Section (_) 2102 (Certification of notices of liens).
Here I urge you to review all of CCP from _2100 thru _2107 inclusive.
On examining the Form 668 Notice of Lien, you will see a NOTE stating:
"Certificate of officer authorized by law to take acknowledgments is
not essential to the validity of Notice of Federal Tax lien Rev. Rul.
71-466, 1971 - 2 C.B. 409)."
In its simplest form, the NOTE says that in the case of a Notice of
Federal Tax Lien, no officer authorized by law is required to perform
the function like that of a notary public, so as to take the
acknowledgment (or certification) of the one who must make the
acknowledgment or certification.
This NOTE also cites a revenue ruling which is an old discussion
arising under IRC __ 6323 and 6325, and which has been out-of-date for
at least fourteen years; however, they still print it on the form,
possibly to confuse, confound, and mislead the lien victims.
If you research the ruling you will find that it relates to whether or
not district directors of internal revenue are required to acknowledge
documents.
Now you can understand the NOTE at the bottom of the notice of lien.
We have found that County Recorders have been recording notices of
liens (which become liens upon recording), which do not contain the
required certification as set forth in CCP Section 2102, which would
entitle them to be recorded in the official records of the county.
Here I want to introduce: LIBEL, LIABLE, and LIABILITY.
LIBEL is when someone writes or publishes anything about you that is
untrue, and thus demeaning to your character, standing, or status.
LIABLE is the result of when you sue his pants off and win your case.
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Thus if you have suffered a LIBEL (a tort) you can cause the LIBELIST
(the tort-feasor) to owe you a heap of money or other property as
compensation for the damages he has caused you, which is then defined
as the LIBELIST'S (the tort-feasor's) LIABILITY, (his debt owing).
Through the malfeasance and malice of these recorders, they and the
supervisors of the counties for whom they are officers, have acted to
officially publish what are in fact hearsays and lies, to the damage
of those so libeled.
California Penal Code (PC) Sections 248 through 257 address the
activity of libel. You will have to pull and carefully study these
sections yourself because they are too extensive to write up in this
letter, but PC _250 states, to wit:
[When] malice presumed. An injurious publication is
presumed to have been malicious if no justifiable motive
for making it is shown.
<EMPHASIS ADDED
Without the certification required in CCP _2102, there is no
justifiable motive for these liens to be recorded and published in any
official county record, and therefore malice must be presumed by law.
The County Recorder, the county supervisors, and the county itself are
subject to the criminal libel laws if they were sued by you for treble
damages resulting from their malicious civil libel.
Since you probably know the name of the IRS-man who has instigated the
fraudulent claim against your good name, then you probably know the
identity of the person who acted with the recorder to conspire to
extort money by threatening to publish the libel, as covered in Penal
Code Section 257.
Let's look at how you might proceed to investigate and to establish
the facts, relating to the recordation of your so-called lien;
How you might act to have the so-called lien removed, at the very
least, from the county's official records; and
How you might proceed to investigate and establish the facts which
could support a solid civil suit for damages against the recorder,
county supervisors, the county and everyone else involved in these
libels, frauds, constructive frauds, or conversions, etceteras.
The certification is what we want to see when we visit the County
Recorder's Office. We will seek the certification of notice of lien
which entitled the lien to be filed in his Office in the first place.
When he cannot produce it, because it almost certainly does not exist,
you have him right where you want him, and the county along with him.
If you intend to proceed with this strategy, try to follow the steps
carefully and in order. I am trying to lay out a course which will
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provide for success in a setting where different Recorder's Offices
follow different procedures, some following some of the requirements
of the applicable law for County Recorders, and some not following any
of the requirements of the law. I have seen many variations on the
theme but I have not seen the law followed in full, and I have never
seen a notice of lien which has contained a certification, under
penalty of perjury, which is the prerequisite to its recording.
As evidence, you may want to present a copy of your Part 3 of the
notice of lien, which is presumedly an exact carbon-copy of the
original (Part 1 - supposedly kept on file by the recording officer).
The original (Part 1) of the notice of lien is the document that must
be presented to the County Recorder by IRS with the request from the
Secretary of the Treasury or his or her delegate, that such original
document be approved by the County Recorder as authorized by law to be
recorded in the Official Records of the County against the victim.
According to California Government Code Section 27206 <read it>, the
County Recorder may destroy federal tax liens eight years after the
lien was filed in his office; provided, a microfilm copy of each
unreleased tax lien has been made and certified. Read it!
Accordingly, if you are within the said eight year period, the County
Recorder should have the original files and recorded document on file
and available to you for inspection or copying, as is required by
California Government Code _6250 and/or California Civil Code _1798.
In some, if not all of the counties, the Recorders' Offices are saying
that the liens are thrown out as soon as they are microfilmed. If
this were so, this is a violation of Government Code Section 27206,
and amounts to the primary destruction of evidence, at the very least.
Now, your job will be to investigate the County Recorder to see what
documents are in his possession; to find whether the original (Part
1) has, in fact, been recorded; and if it has (whether it contains)
the certification, which entitles the notice of lien to be filed in
the first instance, as required by law in CCP _2102.
Aside from the already mentioned California Government Code _6250
and/or California Civil Code _1798, you have the absolute authority to
demand certified copies of all notices of lien and of all certificates
in support of the recordation of all notices affecting any liens filed
or recorded against you or your good name under CCP _2103(d), to wit:
Upon request of any person, the filing officer shall
issue his or her certificate showing whether there is on
file, on the date and hour stated therein, any notice of
lien or certificate or notice affecting any lien filed
after January 1, 1968, under this title or former
Chapter 14 (commencing with Section 7200) if Division 7
of Title 1 of the Government Code, naming a particular
person, and if a notice or certificate is on file,
giving the date and hour of filing of each notice or
certificate. Upon request, the filing officer shall
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furnish a copy of any notice of federal lien, or notice
or certificate affecting a federal lien. If the filing
officer is a county recorder, the fee for the
certificate for each name searched shall be set by the
filing officer in an amount that covers actual costs,
but that, in no event, exceeds fifteen dollars ($15),
and the fee for copies shall be in accordance with
Section 27366 of the Government Code.
The following is an outline of those steps that I would take if my
property were being threatened by these habitually lawless hoodlums.
1 -- To get started, get serious or don't get started! Gather around
you a small group of reliable friends <no flakes> who can help as
witnesses, and counsels. You must learn to keep meticulous records,
to carefully preserve your evidence, to keep your affidavits faithful
and current, to give technical attention to the slightest details, and
to let your mind be disciplined and free.
2 -- Call the County Recorder's Office and find out where you have to
go to pick up a certified copy of the Recorder's Oath of Office, and
which Office houses the general index and other index books.
3 -- You must take with you two witnesses, an absolutely reliable tape
recorder, a copy of this letter or some other printout of the
pertinent law, and go down to the Recorder's Office.
4 -- Stop off and pick up a certified copy of the Recorder's Oath and
then, with your witnesses at your side and your tape recorder
recording, engage an assistant recorder and ask her for her name.
Hand her a letter signed by you, requesting the County Recorder (as
provided in CCP _2103(d)) to issue his certificate showing whether
there is on file, on the date and hour stated therein, any notice of
lien or certificate or notice affecting any lien filed under the
Uniform Federal lien Registration Act, or former Chapter 14
(commencing with Section 7200) of Division 7 of Title 1 of the
Government Code naming _______________________, against whose interest
the lien applies, and if a notice or certificate is on file, giving
the date and hour of filing of each notice or certificate.
In addition, the letter should request that the recorder furnish a
copy of any notice of federal lien, or notice or certificate affecting
a federal lien.
The letter should request that the Recorder's Certificate be made in
accordance with the requirements set forward in California Evidence
Code _1531, that is, that it must state in substance that the copy is
a correct copy of the original writing recorded in the official
records of the county, and signed by the recorder, or, stamped with a
reproduced facsimile signature provided such certification has the
seal of the Recorder's Office affixed thereto.
The California Evidence Code, Chapter 2, Article 2, Official Writings
and Writings, speaks to the attestation that the copy is a correct
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copy of the original, as set forth in _1531, to wit:
For the purpose of evidence, whenever a copy of a
writing is attested or certified, the attestation or
certificate must state in substance that the copy is a
correct copy of the original or of a specified part
thereof, as the case may be.
The California Evidence Code speaks to Official records and Writings,
and the rule for Recorded Writings, as set forth in _1532, speaks to
the rules of effecting the burden of producing evidence for original
official recorded writings, to wit:
(a) The official record of a writing is prima facie
evidence of the existence and content of the original
recorded writing if: (1) The record is in fact a
record of an office of a public entity; and (2) A
statute authorized such a writing to be recorded in that
office.
(b) The presumption established by this section is a
presumption affecting the burden of producing evidence.
<EMPHASIS ADDED>
5 -- Be prepared to pay $15 for your name search certificate and $5
for the copy of the notice of federal lien.
6 -- Check and make certain that when you receive the copy of the
notice of lien, that she gives you the copy of both the front and
back. Remember, Government Code _27320 requires that the recorder
endorse (on the back of) the notice of lien, the proper filing number,
the year, month, hour, and minute of its reception, that is if it were
to have contained the certification in order for it to be authorized
by law to be recorded in the first instance. (The endorsement
requirement is the reason for the printed form on the back left of the
notice.)
7 -- Examine the statement of the Recorder's Certificate. Make sure
that it says that it is a correct copy of the original writing
recorded in his official records.
8 -- When you pay the fees, ask for an official receipt which has been
dated and timed, and which lists the services you paid for. Request
that she identify herself on the receipt as the assistant recorder who
provided the services.
NOTE: The tape recording is important because it will be admissible
in a court as evidence as long as it was made in an open and public
room. You will be amazed at what kind of admissions will be made in
your presence. The tape recorder will also provide you and your
witnesses with a reliable record when you write-up your affidavits on
the proceedings, which you should all do immediately, while your
memories are fresh.
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9 -- Now ask the assistant recorder to allow you to see the general
index in which the name of the person against whose interest the lien
applies is indexed. If there is a federal lien against your name it
must be indexed in the general index, in accordance with the provision
found in CCP _2103(a)(2), and in the Government Code.
This is a public index and it must be displayed upon demand. Ask to
get a copy of the general index of the lien. If this is impossible,
then you and your witnesses must make a diagram with good notations of
the format of the index's columns and their categories. Make note of
each column entry found in each column of the index of the lien.
10 - Now ask the assistant recorder to show you any other index where
any lien and/or annexed documents appear against the named party, and
if there are others, make further notations.
Always feel free to make verbal notes onto the tape recorder so as to
preserve details which might strike you as significant.
NOTE: This whole exercise is simply to establish and to witness to
just what document(s) the Recorder's Office possesses, what
document(s) have been published, and what document(s) have been
officially published.
Remember, if you are able to look upon a notice of lien, a copy of a
notice of lien or a microfilm projection of a notice of lien, then the
Recorder exposed the writing to be read or seen by any other person
then himself, in a book or by device.
If the writing is not certified under penalty of perjury by the
writer, then the writing is published without justifiable motive and
acts to libel the party damaged thereby.
11 - If the assistant recorder will not produce those things required
in your written request then it is time to visit the recorder himself.
Tell him that your business with him is public and that you want to
speak with him in a public room, rather then in his private office.
Remember that you can record for evidence in a public place. Give
him the letter of request, or a copy of it.
If you were unable to see the general index entry and any other index
entry against your name while working with the assistant recorder,
then you must require the Recorder to do his job and let you view the
public records.
You must acquire from him the issue of certificate as mentioned in
Step 4 (above) and the copy certified to be a correct copy of the
original notice of lien. This should not take him more than fifteen
or twenty minutes, max.
Do not leave the Office until you have what you came for. Do not
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give him any extended time to produce the copy. Do not discuss
anything except your need for the certified copy, your need for his
issued certificate, and your need to see the indexes. Do not let him
cause you to doubt your authority to demand, by law, those thing which
you demand. Make him do his job.
Remember too, do not get into a discussion about the validity of the
IRS lien. You are in the Recorder's Office solely to investigate the
validity of the recording of the notice, so as to determine whether it
is certified and therefore whether it is entitled to be recorded.
12 - Once you have the items requested in the letter of request, ask
the Recorder himself to show you the certification which entitled the
notice to be recorded in his Office (he may faint).
Do not enter into discussion with him about the meaning of the law as
found in the UFLRA or anywhere else. Either he has the certification
or he doesn't. Don't help him out by telling him that it would be
found upon the notice of lien itself, over the signature of the
certifier. He certainly should know his job, and probably would
admit to the fact that he has filed hundreds of these liens for the
IRS, and that no one has ever asked for a certification before, all of
which you will get recorded on your tape.
If he says he doesn't have such a certification (which you will also
get on tape), ask him for that statement in writing and get him to
certify to its truthfulness. But let him know that you must have
either a certified copy of the entitling certification or a statement
that he does not possess such a certification, and that you will wait
for him to produce either the one or the other.
NOTE: Remember, the entitling certification must be contained within
the notice of lien itself which entitles the notice to be filed (but
don't discuss this with the recorder). Read above, the Internal
Revenue Code Section 6065 where it says: "shall contain".
13 - Now that you have everything that was requested in the letter of
request, and the certified statement that there is no certification
on the notice of lien, then hand him a letter of notice and demand,
demanding that he remove the lien from his official records
immediately, and that he certify to a statement that there is no lien
which has been lawfully recorded in his Office.
If the recorder were to refuse to honor your demands to remove the
lien immediately, then you will have to seek an order issued out of
the Superior Court for him to remove the lien, or show cause as to why
he should not be ordered to remove it, since, by law it should never
have been recorded in his public county records in the first place.
Likewise, if the County Recorder were to refuse to provide you with
the appropriate documents, as described above, you can seek an order
to show cause in the Superior Court for the County Recorder to appear
in open court to demonstrate as to why he is exempted from obeying the
laws that control his Office.
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Alternatively, you may want to haul them into Federal Court under 28
USC _1331 on an order to show cause, so as to have the State Attorney
General and the United States Attorney General, or their respective
delegates, to appear and to demonstrate that their constitution, which
created their office, in the first instance, operates upon you, such
that their private United States Public Debt obligates you in any
manner. When they cannot establish that their constitution operates
upon you, they have likewise established that there is no lawful debt
due and owing to the United States, et al., therefore there would be
no lawful lien that could be made upon such a nonexistent debt !
Or, you might consider reviewing our April 10th presentation tapes
which cover some of these very same technologies.
As Bill has so aptly suggested on his LAW 101 tapes, consider that you
are standing before the doors of a great legal arsenal, full of legal
armaments, where all are available to you at the stroke of your mighty
pen. Then all you need do is to throw open the heavy doors, pull out
your choicest tool from a room full of remedies, and kick their butts.
NOTE: Now, if you are well prepared, well studied, and determined, I
believe you could very well get what you want right then and there.
Do not worry, because if he does not give you everything that you
need, you will have tape recorded every request you have made, and
every denial he has made. And you and your witnesses will have
captured every little bit in your memories and will faithfully make
out your affidavits while the events are still fresh in your minds.
Then with all that evidence you will later be prepared to sue the
County Recorder under Title 18 United States Code, Racketeering, for
one count after another of Obstruction of Justice, each count valued
at $250,000, times three for treble damages.
If the people were to use this method against the recorders, in just
two or three counties in California, I believe we would see the
weakest link in the IRS property-theft and racketeering chain broken.
In closing, please keep me apprised of your progress in these regards.
Sincerely,
Cher Medina.
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<EOF>_
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IMC Network
The odds are that this is just more of the same.
While you're at it, why don't you bring back the "Ohio wasn't really a state" or the "it isn't apportioned" shticks? They're always good for a giggle in court.