LAW states registration not required

[motla68]

I am my own house of record, I try to keep as much as humanly possible not throwing out the baby with the bath water. Sometimes there is little details you can go back to that were right on target and you did not know it at the time and also have new insight to old information, this helps to accelerate the learning process greatly. I only toss out that which I have combed over carefully to discover absolutely no further value.

Yes, having and hearing of successes are quite the motivator, especially when one is having a mental block.

[David Merrill]

I am my own house of record, I try to keep as much as humanly possible not throwing out the baby with the bath water. Sometimes there is little details you can go back to that were right on target and you did not know it at the time and also have new insight to old information, this helps to accelerate the learning process greatly. I only toss out that which I have combed over carefully to discover absolutely no further value.

Yes, having and hearing of successes are quite the motivator, especially when one is having a mental block.

That is basically why you have troubles with other members. If you read your post there Motla68, it is completely oriented on you improving your knowledge base about remedy. It is not about sharing it with others.

[shikamaru]

I gave you the keys (reference to cites), but not going to open the door for you. There is no silver platter here, time to man up.

No you didn't. Keep copping out.
Perhaps you need to learn how to research.
If you do that, your theories won't be half baked.

Again, what about title theory states versus lien theory states?
Can you answer or do I have to show you how real research is done, son?

[motla68]

That is basically why you have troubles with other members. If you read your post there Motla68, it is completely oriented on you improving your knowledge base about remedy. It is not about sharing it with others.

I apologize for the forgoing, but it sounds like what they want me to do is to serve up postings where thinking and some due diligence is not necessary. Obviously this is not where my talent or interest is. However I have received private messages from people on this forum thanking me for what I shared and the epiphany that follows after that so all is not lost here.
What I have shared all together is at least 3 or 4 times over the amount of information I had to go on things when first starting out and connecting all the dots together myself. What I know is not for everyone, i get that since even the bible says not all will survive the end times. I guess this is my sign to follow the plan as I have done elsewhere to slack off Internet postings, if people want to contact me with questions they know where to contact me, they can even PM me off of this forum and I will respond.

[motla68]

No you didn't. Keep copping out.
Perhaps you need to learn how to research.
If you do that, your theories won't be half baked.

Again, what about title theory states versus lien theory states?
Can you answer or do I have to show you how real research is done, son?

You seem to be expecting a lot more from me then what you are willing to do yourself, for that I cannot help you.
Also you boast as if you allegedly already have your own answer, so why ask the question ?

You win, this ego is checking out.

[allodial]

That is basically why you have troubles with other members. If you read your post there Motla68, it is completely oriented on you improving your knowledge base about remedy. It is not about sharing it with others.

Not to point any fingers, I've noticed that The Higher-Level Trolls seem to 'magine us all to be living in a log cabin, wayyy up in da hills sitting next to a shiny rack of rifles with our sons Bubba, Larryl, Darryl and Darryl busy stewing up some squirrel soup--all of us, "of course", sporting John Deere hats or the latest Monsanto give-way T-shirts and "of course" with us being all too easily distracted by shiny things and bumps in the night. I suppose it could work in our favor them thinking that way. In any case, squirrel might be a bit too gamey for me.



P.S. John Deer hats are precious. Shh! Quiet... Bubba? Darryl? Did ya hear that?

[motla68]

LOL! Quite an entertaining assumption and opinion about me. But I did not reference any one specific user on that post as you have. There is not hate here, I don't blame the people I blame the system. Technology has provided so many conveniences for us it is ridiculous, even this box here we use to communicate with is a poor substitute for real communication, complacency is at a all time high and keeps increasing. It is just another reason I plan on spending less time on these groups and more time of my own studies that have fallen behind on. I have a friend from Texas coming into town tonight for a couple days and we are going to do real communication.

I am impressed with such things as this one show on the discovery channel about Gold Mining, a 16 year old boy took over his grandfather's gold mine claim to try and keep it going on his summer break, instead of going to get a drivers license he just jumps on that heavy equipment and learns as he goes, even mostly manages the whole place himself. He does not make complaints much and bites his tongue on excuses and just does it, if he cannot do it then he spends time trying to figure out how to do it.

[shikamaru]

You seem to be expecting a lot more from me then what you are willing to do yourself, for that I cannot help you.
Also you boast as if you allegedly already have your own answer, so why ask the question ?

You win, this ego is checking out.

Don't run, son.
You are about to receive a lesson on how to research.

You never answer a single question nor can you produce any resources.
Time for me to show you how it's done.

Again, what about title theory states versus lien theory states with respect to mortgages?
I'll give you some time before I unload on you.

[David Merrill]

I am my own house of record, I try to keep as much as humanly possible not throwing out the baby with the bath water. Sometimes there is little details you can go back to that were right on target and you did not know it at the time and also have new insight to old information, this helps to accelerate the learning process greatly. I only toss out that which I have combed over carefully to discover absolutely no further value.

Yes, having and hearing of successes are quite the motivator, especially when one is having a mental block.

Thank you Allodial. Believe me I will not be spending much time on it. All he does it would seem is defend his right not to be helpful.

[motla68]

Don't run, son.
You are about to receive a lesson on how to research.

You never answer a single question nor can you produce any resources.
Time for me to show you how it's done.

Again, what about title theory states versus lien theory states with respect to mortgages?
I'll give you some time before I unload on you.

[motla68]

Thank you Allodial. Believe me I will not be spending much time on it. All he does it would seem is defend his right not to be helpful.

IF what I have given was appreciated more then I may have spent a little more time on it, but if what I have given is interpreted as nothing at all then I made a mistake of posting anything. I had seen the postings on here before joining and I knew it was going to come to this and it did, gave a friend the benefit of the doubt and it happened more then once.. so shame on me then. Like i said all was not lost, a few people did communicate to me from this group in private to let me know they get it. It is not my mission to try and save the world, just a few that were willing and able to give it a chance to comprehend. It should not be necessary to post whole books and mountains of material for the average researcher to grasp the concepts. If someone needs that much help then they probably should go get a qualified lawyer if such beast exists.

[David Merrill]

It was offered as constructive criticism. What you seem to do is tease people.

[shikamaru]

I have my own method of research which fairs me pretty well, no thank you.

No offense, but your methods suck.
You present half stories or only those which support your view (after attorning it a bit). You don't cite what you present. You hardly ever present source documents nor do cover the depth or breadth of the subject.

You missed it the first time and the second time, here it is again:

697.02 Nature of a mortgage.—A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession.
History.—ss. 1, 2, ch. 525, 1853; RS 1982; GS 2495; RGS 3837; CGL 5725.

Florida statutes, go look and prove me wrong if you think I am fabricating it.

Now you copied that from somewhere.
Where is your source document? I'm sure you acquired that off the web, therefore where is the URL to this resource?

Unload on me? have you ever stopped unloading on me?

You don't know what unloading looks like from me. Everything prior to this point was light sprinting.

I was just here asked of a friend to share some information, i did not expect the treatment i got here.

Cut the "holier than thou" crap.

You have posted so many things of hearsay in here and have given even a lot less then I have, you claim you know something just because someone else said it and you call that research, no thank you.

I'm back. Now I'll show you unloading!
I'll have to disagree with the claim that "I've posted so many things of hearsay in here" and that "I have given less than you (motla68).
I present more treatises, citations, and such on this board than you have even contemplated existed.
Stop using the term "hearsay". You don't know what it means.
I see you didn't answer one single question. Not that I expected you to. You know not how.

Let's analyze an example of some of your "research" and hearsay:

Errors are highlighted in red.
No citations are highlighted in blue.

Commenting on what happened in 1933 and the change of that act, the limitation on gold ownership in the U.S. was repealed after President Gerald Ford signed a bill legalizing private ownership of gold coins, bars and certificates by an act of Congress codified in Pub.L. 93-373 [1] [2] which went into effect December 31, 1974. P.L. 93-373 does not repeal the Gold Clause Resolution of 1933, which makes unlawful any contracts which specify payment in a fixed amount of money or a fixed amount of gold. That is, contracts are unenforceable if they use gold monetarily rather than as a commodity of trade.

(Source)

Could you cite where I may find the "Gold Clause Resolution of 1933" ... or will any B.S. do?
Where in this "Gold Clause Resolution of 1933" does it make gold clauses unlawful in contracts .... or will any B.S. do?
These public laws... if they are public, they are published, right? You can't find a copy of the P.L.s online ... or will any B.S. do?

[shikamaru]

Errors are highlighted in red.
No citations are highlighted in blue.

Commenting on what happened in 1933 and the change of that act, the limitation on gold ownership in the U.S. was repealed after President Gerald Ford signed a bill legalizing private ownership of gold coins, bars and certificates by an act of Congress codified in Pub.L. 93-373 [1] [2] which went into effect December 31, 1974. P.L. 93-373 does not repeal the Gold Clause Resolution of 1933, which makes unlawful any contracts which specify payment in a fixed amount of money or a fixed amount of gold. That is, contracts are unenforceable if they use gold monetarily rather than as a commodity of trade.

(Source)

Now let's observe the evidence in contradistinction to the "research (hearsay)" above:

Trading with the Enemies Act of 1917
Emergency Banking Relief Act of 1933
Gold Reserve Act of 1934

Executive Order 6102
Invalidation and reissue of aforementioned executive order
Campbell v. Chase National Bank of New York (1933)
Executive Order 6102
Executive Order 6111
Executive Order 6260
Executive Order 6261

Default of the Fourth Liberty Bond

Exchange Stabilization Fund

http://savingtosuitorsclub.net/showthread.php?494-Campbell-v-Chase-National-Bank-of-New-York-%281933%29&p=5341#post5341

If anyone finds a "Gold Clause Resolution of 1933", let me know !!!

Now ... onward to title theory states vs. lien theory states.....

[shikamaru]

What is a mortgage?

MORTGAGE, contracts, conveyancing. Mortgages are of several kinds: as the concern the kind of property, mortgaged, they are mortgages of lands, tenements, and, hereditaments, or of goods and chattels; as they affect the title of the thing mortgaged, they are legal and equitable.

2. In equity all kinds of property; real or personal, which are capable of an absolute sale, may be the subject of a mortgage; rights in remainder and reversion, franchises, and choses in action, may, therefore, be mortgaged; But a mere possibility or expectancy, as that of an heir, cannot. 2 Story, Eq. Jur. 1021; 4 Kent, Com. 144; 1 Powell, Mortg. 17, 23; 3 Meri. 667.

3. A legal mortgage of lands may be described to be a conveyance of lands, by a debtor to his creditor, as a pledge and security for the repayment of a sum of money borrowed, or performance of a covenant; 1 Watts, R. 140; with a proviso, that such conveyance shall be void on payment of the money and interest on a certain day, or the performance of such covenant by the time appointed, by which the conveyance of the land becomes absolute at law, yet the, mortgagor has an equity of redemption, that is, a right in equity on the performance of the agreement within a reasonable time, to call for a re-conveyance of the land. Cruise, Dig. t. 15, c. 1, s. 11; 1 Pow. on Mortg. 4 a, n.; 2 Chip. 100; 1 Pet. R. 386; 2 Mason, 531; 13 Wend. 485; 5 Verm. 532; 1 Yeates, 579; 2 Pick. 211.

4. It is an universal rule in equity that once a mortgage, always a mortgage; 2 Cowen, R. 324; 1 Yeates, R. 584; every attempt, therefore, to defeat the equity of redemption, must fail. See Equity of Redemption.

5. As to the form, such a mortgage must be in writing, when it is intended to convey the legal title. 1 Penna. R. 240. It is either in one single deed which contains the whole contract - and which is the usual form - or, it is two separate instruments, the one containing an absolute conveyance, and the other a defeasance. 2 Johns. Ch. Rep. 189; 15 Johns. R. 555; 2 Greenl. R. 152; 12 Mass. 456; 7 Pick. 157; 3 Wend, 208; Addis. 357; 6 Watts, 405; 3 Watts, 188; 3 Fairf. 346; 7 Wend. 248. But it may be observed in general, that whatever clauses or covenants there are in a conveyance, though they seem to import an absolute disposition or conditional purchase, yet if, upon the whole, it appears to have been the intention of the parties that such conveyance should be a mortgage only, or pass an estate redeemable, a court of equity will always so construe it. Vern. 183, 268, 394; Prec Ch. 95; 1 Wash. R 126; 2 Mass. R. 493; 4 John. R. 186; 2 Cain. Er. 124.

6. As the money borrowed on mortgage is seldom paid on the day appointed, mortgages have now become entirely subject to the court of chancery, where it is an established rule that the mortgagee holds the estate merely as a pledge or security for the repayment of his money; therefore a mortgage is considered in equity as personal estate.

7. The mortgagor is held to be the real owner of the land, the debt being considered the principal, and the land the accessory; whenever the debt is discharged, the interest of the mortgagee in the lands determines of course, and he is looked on in equity as a trustee for the mortgagor.

8. An equitable mortgage of lands is one where the mortgagor does not convey regularly the land, but does some act by which he manifests his determination to bind the same for the security of a debt he owes. An agreement in writing to transfer an estate as a security for the repayment of a sum of money borrowed, or even a deposit of title deeds, and a verbal agreement, will have the same effect of creating an equitable mortgage. 1 Rawle, Rep. 328; 5 Wheat. R. 284; 1 Cox's Rep. 211. But in Pennsylvania there is no such a thing as an equitable mortgage. 3 P. S. R. 233. Such an agreement will be carried into execution in equity against the mortgagor, or any one claiming under him with notice, either actual or constructive, of such deposit having been made. 1 Bro. C. C. 269; 2 Dick. 759; 2 Anstr. 427; 2 East, R. 486; 9 Ves. jr. 115; 11 Ves. jr. 398, 403; 12 Ves. jr. 6, 192; 1 John. Cas. 116; 2 John. Ch. R. 608; 2 Story, Eq. Jur. 1020. Miller, Eq. Mortg. passim.

9. A mortgage of goods is distinguishable from a mere pawn. 5 Verm. 532; 9 Wend. 80; 8 John. 96. By a grant or conveyance of goods in gage or mortgage, the whole legal title passes conditionally to the mortgagee, and if not redeemed at the time stipulated, the title becomes absolute at law, though equity will interfere to compel a redemption. But, in a pledge, a special property only passes to the pledgee, the general property remaining in the pledger. There have been some cases of mortgages of chattels, which have been held valid without any actual possession in the mortgagee; but they stand upon very peculiar grounds and may be deemed exceptions to the general rule. 2 Pick. R. 607; 5 Pick. R. 59; 5 Johns. R. 261; Sed vide 12 Mass. R. 300; 4 Mass. R. 352; 6 Mass. R. 422; 15 Mass. R. 477; 5 S. & R. 275; 12 Wend. 277: 15 Wend. 212, 244; 1 Penn. 57. Vide, generally,, Powell on Mortgages; Cruise, Dig. tit. 15; Viner, Ab. h. t.; Bac. Ab. h. t., Com. Dig. h. t.; American Digests, generally, h. t.; New, York Rev. Stat. p. 2, c. 3; 9 Wend. 80; 9 Greenl. 79; 12 Wend. 61; 2 Wend. 296; 3 Cowen, 166; 9 Wend. 345; 12 Wend. 297; 5 Greenl. 96; 14 Pick. 497; 3 Wend. 348; 2 Hall, 63; 2 Leigh, 401; 15 Wend. 244; Bouv. Inst. Index, h. t.

10. It is proper to, observe that a conditional sale with the right to repurchase very nearly resembles a mortgage; but they are distinguishable. It is said that if the debt remains, the transaction is a mortgage, but if the debt is extinguished by mutual agreement, or the money advanced is not loaned, but the grantor has a right to refund it in a given time, and have a reconveyance, this is a conditional sale. 2 Edw. R. 138; 2 Call, R. 354; 5 Gill & John. 82; 2 Yerg. R. 6; 6 Yerg. R. 96; 2 Sumner, R. 487; 1 Paige, R. 56; 2 Ball & Beat. 274. In cases of doubt, however, courts of equity will always lean in favor of a mortgage. 7 Cranch, R. 237; 2 Desaus. 564.

11. According to the laws of Louisiana a mortgage is a right granted to the creditor over the property of his debtor, for the security of his debt, and gives him the power of having the property seized and sold in default of payment. Civ. Code of Lo. art. 3245.

12. Mortgage is conventional, legal or judicial. 1st. The conventional mortgage is a contract by which a person binds the whole of his property, or a portion of it only, in favor of another, to secure the execution of some engagement, but without divesting himself of the possession. Civ. Code, art. 3257.

13. - 2d. Legal mortgage is that which is created by operation of law: this is also called tacit mortgage, because it is established by the law, without the aid of any agreement. Art. 3279. A few examples will show the nature of this mortgage. Minors, persons interdicted, and absentees, "have a legal mortgage on the property of their tutors and curators, as a security for their administration; and the latter have a mortgage on the property of the former for advances which they have made. The property of persons who, without being lawfully appointed curators or tutors of minors, &c., interfere with their property, is bound by a legal mortgage from the day on which the first act of interference was done.

14. - 3d. The judicial mortgage is that resulting from judgments, whether these be rendered on contested cases or by default, whether they be final or provisional, in favor of the person obtaining them. Art. 3289.

15. Mortgage, with respect to the manner in which it binds the property, is divided into general mortgage, or special mortgage. General mortage is that which binds all the property, present or future, of the debtor. Special mortgage is that which binds only certain specified property. Art. 3255.

16. The following objects are alone susceptible of mortgage: 1. Immovables, subject to alienation, and their accessories considered likewise as immovable. 2. The usufruct of the same description of property with its accessories during the time of its duration. 3. Slave's. 4. Ships and other vessels. Art. 3256. (Source)

Who are the parties to a mortgage?

MORTGAGEE, estates, contracts. He to whom a mortgage is made.

2. He is entitled to the payment of the money secured to him by the mortgage; he has the legal estate in the land mortgaged, and may recover it in ejectment, on the other hand he cannot commit waste; 4 Watts, R. 460; he cannot make leases to the injury of the mortgagor; and he must account for the profits he receives out of the thing mortgaged when in possession. Cruise, Dig. tit. 15, c. 2.

MORTGAGOR, estate's, contracts. He who makes a mortgage.

2. He has rights, and is liable to certain duties as such. 1. He is quasi tenant, at will; he is entitled to an equity of redemption after forfeiture. 2. He cannot commit waste, nor make a lease injurious to the mortgagee. As between the mortgagor and third persons, the mortgagor is owner of the land. Dougl. 632; 4 M'Cord, R. 310; 3 Fairf. R. 243; but see 3 Pick. R. 204; 1 N. H. Rep. 171; 2 N. H. Rep. 16; 10 Conn. R. 243; 1 Vern. 3; 2 Vern. 621; 1 Atk. 605. He can, however, do nothing which will defeat the rights of the mortgagee, as, to make a lease to bind him. Dougl. 21. Vide Mortgagee; 2 Jack. & Walk. 194. (Source).