Mastering the Uniform Commercial Code - Part 3
You are not supposed to know about the UCC (Uniform Commercial Code)!
Uniform Commercial Code
The National Conference of Commissioners on Uniform State Laws together with the American Law Institute drafted Nation-wide Uniform Laws and each state has now adopted these laws. These laws govern commercial transactions, including sales and leasing goods, transfer of funds, commercial paper, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of laden, investment securities, and secured transactions. The UCC has been adopted in whole or substantially by all states. Blacks 6th. The UCC is a code of laws governing various commercial transactions -- sale of goods, banking transactions, secured transactions in personal property, and other matters, that was designed to bring uniformity in these areas to the laws of the various states, and that has been adopted, with some modifications, in all states, including the District of Columbia and the Virgin Islands. Barron's 3rd. Unless displaced by the particular provisions of this code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principle and agent, estopple, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions. UCC 1-103.
To paraphrase the third definition above, the UCC is the supreme law on the planet, and all other forms of law are encompassed by it and included in it (except you as a sovereign, of course). Pennsylvania was the first state to adopt the UCC (July 1954), and Louisiana the last (January 1, 1975).
The following is a quote from the BANK OFFICERS HANDBOOK OF COMMERCIAL BANKING LAW WITHIN THE UNITED STATES, sixth edition, paragraph 22.01(1) and pertains to certain types of transactions:
"There are twelve transactions to which the UCC does not apply. They are as follows:
"1. Security interests governed by federal statutes . . .
"2. Landlord liens . . .
"3. Liens for services or material provided . . .
"4. Assignment for claims fore wages . . .
"5. Transfers by government agencies . . .
"6. Certain isolated sales of accounts or chattel paper . . .
"7. Insurance Policies . . .
"8. Judgments . . .
"9. Rights of setoff . . . (see setoff)
"10. Real Estate interests . . .
"11. Tort Claims . . .
"12 Bank accounts . . ."
UCC-104 states: "Construction against implicit repeal. This code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation in such construction be reasonably avoided". Nothing in the UCC has ever been repealed, nor can it ever be. In the event of conflict between a deleted section and a current section, the deleted section controls. If this is examined one will see that it cannot be the other way. Potentially countless commercial transactions can be consummated based on the current UCC at any time. To "cancel" any portion of the UCC at a later point is to throw into upheaval and chaos all commercial agreements that were based on the deleted portion, an act that would carry unimaginably astronomical liability to the many actors who attempted to effect such change.
Now, we must define the United States. This was covered in course number 2. But for purposes in this particular area, we must define it for a better understanding applied to this procedure.
Commercial Lien
A commercial lien is a non-judicial claim or charge against property of a Lien Debtor for payment of a debt or discharge of a duty or obligation. A lien has the effect of permanently seizing property in three months, ninety days, upon failure of the lien debtor to rebut the Affidavit of Claim of Lien. The commercial grace of a lien is provided by the three-month delay of the execution process, allowing resolution either verbally, in writing, or by jury trial within the 90 day grace period. A Distress (to be defined in Blacks 6th) bonded by an affidavit of information becomes a finalized matured commercial lien and accounts receivable ninety days from the date of filing. The Lien Right of a Lien must be expressed in the form of an Affidavit sworn true, correct and complete, with positive identification of the Affiant. The swearing is based on one's own commercial liability.
A commercial lien differs from a true bill in commerce only in that ordinarily a true bill in commerce is private, whereas a lien is the same bill publicly declared, usually filed in the office of the County Recorder, and, like all such declarations, when uncontested by categorical point- for-point rebuttal of the affidavit, is a Security (15 USC) and an accounts-receivable. A commercial lien differs from a non-commercial lien in that it contains a declaration of a one- to-one correspondence between an item or service purchased or offenses committed, and a debt owed. A commercial lien does not require a court process for its establishment. However, a commercial lien can be challenged via the Seventh Amendment jury trial, but may not be removed by anyone except the Lien Claimant or a jury trial, properly constituted, convened, and concluded by due process of law. It cannot be removed by summary process, i.e. a judges discretion. A commercial lien (or distress) can exist in ordinary commerce without dependence on a judicial process, and is therefore not a common law instrument unless challenged in a court of common law, whereupon it converts to a common law lien. A commercial lien must always contain an Affidavit in support of Claim of Lien and cannot be removed without a complete rebuttal of the Liens Claimant affidavit point-by-point, in order to overthrow the one- to-one correspondence of the commercial lien. Also, no common law process can remove a commercial lien unless that common law process guarantees and results in a complete rebuttal of the lien claimants Affidavit categorically and point-for-point in order to overthrow the one-to- one correspondence of the commercial lien.
What is a True Bill in Commerce?
This is a ledgering or bookkeeping/accounting, with every entry established. This is your first Affidavit, certified and sworn on the responsible party's commercial liability as true, correct, and complete, not meant to mislead. It must contain a one-to one correspondence between an item or service purchased or offenses committed and the corresponding debt owed. This commercial relationship is what is known as "Just compensation" (5th Amendment to the Constitution), in relationship between the Government and the American people, a true bill is called a warrant (4th Amendment to the Constitution), and the direct taking of property by legislative act, ( e.g. IRS and the like) is called a "Bill of Pains and Penalties" (Constitution, Art. I, Section 10, Clause I, and Article I, Section 9, Clause 3 -"Bill of Attainder). There is one other matter we must define before we start putting all these pieces of the puzzle together into a workable tool for our benefit. That is the Uniform Commercial Code itself.
United States - US- U.S.-USA-America
Means: (A) a federal corporation . . . Title 28 USC Section 3002(5) Chapter 176. It is clear that the United States . . . is a corporation . . . 534 FEDERAL SUPPLEMENT 724.
`It is well settled that "United States" et al is a corporation, originally incorporated February 21, 1871 under the name "District of Columbia," 16 Stat. 419 Chapter 62. It was reorganized June 11, 1878; a bankrupt organization per House Joint Resolution 192 on June 5, 1933, Senate Report 93-549, and Executive Orders 6072, 6102, and 6246; a de facto (define de facto) government, originally the ten square mile tract ceded by Maryland and Virginia and comprising Washington D. C., plus the possessions, territories, forts, and arsenals.
The significance of this is that, as a corporation, the United States has no more authority to implement its laws against "We The People" than does Mac Donald Corporations, except for one thing -- the contracts we've signed as surety for our strawman with the United States and the Creditor Bankers. These contracts binding us together with the United States and the bankers are actually not with us, but with our artificial entity, or as they term it "person", which appears to be us but spelled with ALL CAPITAL LETTERS.
All this was done under,
VICE-ADMIRALTY COURTS.
In English Law. Courts established in the queen's possessions beyond the seas, with jurisdiction over maritime causes, including those relating to prize.
The United States of America is lawfully the possession of the English Crown per original commercial joint venture agreement between the colonies and the Crown, and the Constitution, which brought all the states (only) back under British ownership and rule. The American people, however, had sovereign standing in law, independent to any connection to the states or the Crown. This fact necessitated that the people be brought back, one at a time, under British Rule, and the commercial process was the method of choice in order to accomplish this task. First, through the 14th Amendment and then through the registration of our birth certificate and property. All courts in America are Vice-admiralty courts in the Crowns private commerce.
ACCEPT FOR VALUE AND ACCEPTANCE
By now, you have probably heard the term accept for value. This term, for me, gave me quite a problem in understanding when first encountered. And, most of the people starting in this redemption program seems to have the same problem.
When you look up the word accept in Blacks 4th Edition you find, "To receive with approval or satisfaction; to receive with intent to retain."
With this in mind, when you get a traffic ticket, a notice of foreclosure or whatever, one's first instinct is "Oh, No. I'm certainly not going to 'accept' that!" Why would anyone want to accept such a thing?
Acceptance. The taking and receiving of anything in good part, and as it were a tacit agreement to a proceeding part, which might have been defeated or avoided if such acceptance had not been made.
Nope, that doesn't sound much better, now does it?
First, you may not know what the word 'tacit' means so let's look that one up as well. In Blacks 6th it states: 1. "Existing, inferred, or understood without being openly expressed or stated; implied by silence or silent acquiescence, as a tacit agreement or a tacit understanding. 2. Done or made in silence, implied or indicated, but not actually expressed. Manifested by the refrainment from contradiction or objection; inferred from the situation and circumstances, in the absence of express matter."
From the above, I deduce that if I accept the thing then there is an agreement. I agree with what they have said in the writing, whatever it may be. But, then, if I don't accept it, don't say anything, then there is still an agreement because I don't refute it or contradict what they say in the writing. I know from all my past experience that I certainly don't want to get into a court battle with anyone. No matter how right you might think you are, what law you think is on your side, you always seem to lose in any court. My, my, what a predicament.
So, why would I want to accept anything for value? How could that phrase possibly be of any help?
Well, let's look a little further, define more words, and see if we can make any sense out of all this.
Let's go a little further when we look under Acceptance in Blacks 6th edition. You'll go on down the page until you get to Types of acceptance. Beneath that heading you'll see Conditional acceptance;
Conditional acceptance. An agreement to pay the draft or accept the offer on the happening of a condition.
A 'conditional acceptance' is in effect a statement that the offeree [this is you] is willing to enter into a bargain differing in some respects from that proposed in the original offer. The conditional acceptance is, therefore, itself a counter offer."
OK. That sounds a little better. If I accept their offer with a conditional acceptance, I now have a counter offer to make back to them. Now, the ball is in their court. If they do not answer, they then accept your offer by tacit agreement and you win. Now this sounds much better. But, we're not through yet. Let's look at power of acceptance. In Blacks 6th edition it says:
Power of acceptance. Capacity of offeree [that's you again, the offeree] upon acceptance of terms of offer, to create a binding contract.
So, if I accept your offer, with conditional acceptance, then place my own terms in which I do accept your offer, then we now have a binding contract. The offeror (a municipality or corporation) must now come back with a rebuttal to prove my terms and conditions in error. We will go into detail on this in the 5th Course – Contracts, but first you need to accept these contracts by claiming the fictitious entity the state created when you were born.
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