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Replevin Indetinet
Attached is my latest pleading. It is a Replevin and may be simply altered to past tense for anyone who has lost their home to a fraudulent foreclosure.

This may be dispersed far and wide. Try to get attorneys to study it.

If you use it, feel free to donate, it was a lot of work. It has not been tried and I can't find any case were anyone has used a Replevin in- Detenit in this manner. But it is sound legally.
A legal doctrine developed by: John Chester; of the family Stuart
Show me the loan!
Here is a new discovery by Cindy and my corresponding theory, when I say theory I mean theory, it is not for sure yet.

Look at the first and last page of your Deed of Trust.
1st page has typed in dates ie., April 5, 2007
Last page has notary stamp and date ie., April 20, 2007.
See a problem?

Here's the deal:
If the document is notarized days after the signing, then the signature is not valid, if the signature is not valid, the DOT is not valid, if the DOT is not valid the bank must return your money but it does not affect ownership as you bought the house with the Promissory Note, which was later discharged.

Something else cool:
This brings the Title company into it as a conspirator of the fraud since they are the ones that claim it was notarized correctly.

So check out the DOT immediately, even if you are in a Forcible detainer or have lost the fight. They are using a fraudulent doc to steal the house.
If you are in a forcible detainer then file the DOT with an affidavit concerning the notary issue and move for a dismissal of the FD for lack of subject matter jurisdiction due to the invalid DOT and other grounds we have listed. Don't leave out all the other points on FDs (forcible detainers)
Demand to Cancel
The following letter has been reused by the person that wrote it 3 times to stay off foreclosure for well over two years. Certify mail it to the foreclosing bank and Trustee immediately, that means friggin tomorrow, not after your favorite TV program next Tuesday. Make copies for your case as exhibits. It goes in every Complaint, Stay TRO, Replevin, QWR, etc. (Do the math: 2 years / 3 times)
More proof of life for our kidnapped homes from a new convert that I sent an email thanking for a donation.

No, John, thank YOU. Because of your teachings, the judge vacated the Summary Judgment and Default against me yesterday here in New Jersey. I put so much shit on the record, she (the judge) had to vacate the judgment in my favor.

I was one of those Negative Averments guys, and woke up just in time to man-up.

Just got home from court! I had a hearing for my Motion to Vacate the Summary Judgment and Default entered upon me here on New Jersey. Sadly, I was one of those Negative Averment guys, which only resulted in it being stricken and a default entered against me. So, I caught on and started following John's work a little late in the game.

Earlier in the week, I submitted into the court a letter from the Secretary of State saying there is an investigation of fraud on the Notary who notarized the Assignment of Mortgage, a letter from the Office of the Comptroller of the Currency saying they have opened an investigation on WELLS FARGO for criminal activity, as well my Affidavit, which, if the Attorney was going to rebut today, he must do so under Oath.

The Attorney phoned in for the hearing this morning. I brought all the aforementioned issues up, as well as MERS' true identity and standing, U.C.C., and even moved the court to have the bank stipulate whether or not they were the Creditor and the Holder in Due Course in this matter on 2 occasions.

The judge did not appreciate my lack of following NJ Rules of Court, referencing my Negative Averment and "wondering what Admiralty had to do with any of this." I did stand by my Negative Averment, regardless, telling her (the judge) that, despite it being stricken, I still brought up valid points and demanded to see the Note in the NA. Whenever there was moment of silence, I took advantage of all those opportunities to recite cases and law, including times when the judge asked me, "Is there anything else?"

The Attorney had nothing much to say in response other than he didn't really know what I was talking about. Ha! Well, the Judge did. She granted the motion to vacate the judgment in my favor, and gave me 3 MONTHS to get my discovery together per NJ Rules of Court!

Jurisdictionary recently came in the mail, so I'm going to be well prepared.
Uniform Law on Notarial Acts pdf
page 4 para 2:

Subsection (a) specifies what a notarial officer certifies by taking an
acknowledgment. The notarial officer certifies to two facts: (1) the identity of the person who made the acknowledgment and (2) the fact that this person signed the document as a deed (or other specific instrument), and not as some other form of writing. The personal physical appearance of the acknowledging party before the notarial officer is required. An acknowledgment, as defined in Section 1(2) is a statement that the person has signed and executed an instrument; it is not the act of signature itself. Hence a person may appear before the notarial officer to acknowledge an instrument which that person had previously signed.
Some of John's email messages
Here is the WHOLE truth why all foreclosures are nothing more than fictitious suits to deprive us not only of our real property,
but also of our substantive Rights.

1.The Real Party in Interest (RPII) is the Certificate Holders (CH).
2.The foreclosing party is only using legal tricks as part of the collective to garner possession rights’ of the real property.
3.The RPII was paid off thru bailouts/TARP and had to forsake rights to possession to garner the insurance pay out. In
  other words, they were paid off and have no rights because they sold them for the payoff money.
4.Since the RPII accepted the payoff, they cannot foreclose.
5.Since the insurance company paid off the RPII, the insurance company can foreclose.
6.But, the insurance company was paid off by the government.
7.Since the insurance company accepted the payoff, they forsook the rights to possession and therefore cannot foreclose.
8.But, the government paid the insurance company so now the government can foreclose.
9.But, since there is no allodial title in the USA anymore, the government always owned the real property anyway, so they
  can’t foreclose because then everyone would understand its all smoke and mirrors, plus; the government used our
  money to payoff the insurance companies that paid off the banks that paid of the CHs.
10.     So we can foreclose on ourselves.
11.    But, we are now a collective, with the banks being the representative licensed by the government to collect the
         government property for the people.
12.             Now we all own all of our real property as one collective with the licensed representative for the government being in
  control of the usage of said real property for the collective.
13.      So we can foreclose on our property; for the collective; which is protected by the licensed representative of the
  government; who can use our property for the ‘benefit of the protectors of the collective’.
14.      So you do own your property once the banks take it from you for your benefit as they know better than you do as to how
  to handle your real property for your own benefit since your benefit is intrinsic to the benefit of the protector of the collective.
15.      Now go thank the government for doing to your real property what they did to your money.

Now you have the Americanized definition of COMMUNISM.

Wait, the same will happen with personal property, and food, and fuel, and children, and livestock, or am I remiss in my timing?


I believe we are completely correct in our assertion of the date issue. A DOT cannot exist days prior to the signature. The DOT does not claim it was written on the date, it states in Para (A): "SECURITY INSTRUMENT" means the document, which is dated OCTOBER 3, 2006".
A SECURITY INSTRUMENT is not the same as a Negotiable instrument.


At issue is really para (F):
"Note" means the promissory note signed by borrower and dated OCTOBER 3, 2006.

Now we understand the REAL problem, its their paradox;

if the PN and DOT are dated OCTOBER 3, 2006 and the PN and DOT are signed on OCTOBER 3, 2006 and the DOT is notarized on October 5, 2006, then the DOT was fraudulently notarized; if not then the DOT is attesting to a differnet PN. In law, it is that simple.

One of the documents MUST be fraudulent, thereofre the deal does not exist in law.

In law, this is not arguable. In fact, if anyone out there has a DOT wherein the dated on the first page does not match the date of the notary, in law, the DOT is VOID, not just voidable, VOID, and the PN is then also VOID.

Show a DOT and PN that matches my expalnation to any reputable attorney and he will shit right there. Case over. There is no DOT, there is no PN, and the bank AND title company are out of the game. Case over.

Everyone thank Loren, that caused Cindy to check on the issue, then Cindy that asked me to research it, then Steven that gave us a heads up about bad chatter. I am not upset that someone questioned my research as it was I who failed to continue on the discovery. But here you have it. Game over for anyone that has differnet dates on the DOT and notarization.

After reviewing the Deed of Trust and Promissory Note, I have not discovered any evidence that John Doe was ever lent the sum of $XXXX by MORTGAGE Inc..
I have discovered nothing in the Deed of Trust that states any entity borrowed any money from any other entity, instead the Deed of Trust created the alias “Borrower” for John Doe in what appears to me to be an attempt to confuse John Doe and this court into believing John Doe was the borrower.
I have discovered nothing in the Deed of Trust that lists a lender, it again only creates an alias “Lender” for the other party throughout the document in what appears to me to be a further attempt to confuse and defraud John Doe and this Court. There is no claim by any party, under penalty of perjury, in any document or otherwise that John Doe was ever lent any money from any party.
After examining the Deed of Trust I have come to believe one or more parties created two (2) aliases, “Borrower” and “Lender” to be used in place of real and lawful names to cause John Doe to incorrectly believe there was a sum of money lent.
It is also my belief that creating an alias to intentionally trick someone into believing something as a means to deprive them of property and/or rights is a criminal act in Arizona. In Arizona, the statute is called the fraudulent scheme and artifice statute.

See: Ariz. Rev. Stat. Ann. § 13-2310(A).
It reads, in pertinent part;
that "[a]ny person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions" is guilty of a felony.

See also: FRAUD:
n. the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud.

It is my belief the malicious and purposeful act of creating an alias in the Deed of Trust had no other purpose then to obfuscate facts and confuse John Doe, a layman, into believing something that was not true was true, which in my opinion is the definition of fraud.
I have discovered no evidence in the Deed of Trust or anywhere else that John Doe ever truly received a loan from any party listed in the Deed of Trust, only that Borrower and Lender did some type of transaction and now Lender claims Borrower must pay Lender.
It is my belief that since John Doe is not now nor was previous to the Deed of Trust ever known by the alias Borrower, John Doe cannot lawfully be Borrower as used in the Deed of Trust in question pursuant to the legal definition of alias.

See: Black’s Law Sixth Edition page 71
Alias /eyliyas/. Term used to indicate another name by which a person is known. Short for "alias dictus"; otherwise known as (a. k. a.). When used in connection with a description of a person, it indicates that he has used or been known by another name. John v. Tribune Co., 24 111.2d 437, 181 N.E.2d 105, 107. See also Fictitious name; Name.
Alias dictus /eyliyas diktas/. "Otherwise called." (Shorter and more usual form, alias ). Known by both those names, and is called one or the other. People v. Mellon, 171 Misc. 171, 11 N.Y.S.2d 786, 790. A fictitious name assumed by a person is colloquially termed an "alias". State v. Neal, 231 La. 1048, 93 So.2d 554, 556. See also Alias.

It is my belief no entity has the lawful right to rename another entity or itself for that matter to defraud any party.
It is my belief any document that includes aliases created in that document to commit fraud are null and void ab initio as “fraud vitiates everything.”
The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) "The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."; Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) "The maxim that fraud vitiates every transaction into which it enters ...";
In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) "It is axiomatic that fraud vitiates everything.";
Dunham v. Dunham, 57 Ill. App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935).

It is my belief that if MORTGAGE INC. and/or MORTGAGE INC.’s counsel bring the Deed of Trust into a court then MORTGAGE INC. and/or MORTGAGE INC. will be committing fraud upon that court.
Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". See Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."
       "Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." See Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."
       It is also clear and well-settled in law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. See The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) 

Based upon the forgoing, I believe a controversy exists as to whether or not the Deed of Trust can be considered relevant and/or integral in any way to the Promissory Note and/or John Doe.
Furthermore, it is my belief  there is no party qualified or entitled to sell John Doe’s real property as permitted by A.R.S. § 33-807.

Here are answers to questions from "...bondo" concerning a Equity re-fi for a home previously "paid off." He received a "check." I thought it might help everyone to understand, or at least know if they did not understand. Knowing what you don't know is the first step to not not knowing what you didn't know, just like getting blamed for something you didn't do and admitting to it is the 7th step to a happy marriage, sorry, I could not help myself. Save me before I insult again.

Did you sign a Promissory Note and not SEAL it with your personal SEAL?

Did they alter or modify the PN so they could fractionalize it?

Were they already paid in full for the PN?

Did they file an insurance claim on the PN?

If they were paid off for the PN, do you have to then pay them a second time?

Is it legal to force someone to pay off a paid off PN?

Can they foreclose and take your home without returning to you the PN?
Who has the PN?

Can someone who is not in possession of the PN claim that you owe them something for the PN?

What if the entity that has the PN also wants you to pay them for the PN?

What if there are copies of the PN? Will you have to pay for all of them?

Can you give them a picture copy of the home for a picture copy of the PN? If not, why not? Real for real, picture copy for picture copy.

I ask these questions in an attempt to show you you already have your answers if you understand what is really happening. If you do not have the answers, then you know you do not understand what is happening.
I am more interested in teaching you to fish than cooking you a fish dinner. 

Ps. Marriage is a great institution, and like all great institutions, the ones in it should be kept as far away as possible from the sane people.

A statment in a pleading, I like it.

Simply put, Mortgage Electronic Registration Systems, Inc. (“MERS”) is a scam. It was designed to be a scam, it operates as a scam, it does nothing other than scam homeowners out of their rights and properties and states out of their lawfully due recording fees.
MERS is a corporation with twelve (12) officers, no employees, tens of thousands of fraudulent signees claiming to be “vice president” and sixty two (62) million mortgages. At an average cost of $10 per recording with two (2) recordings per sale, MERS has stolen approximately $1.4 billion from Americans. Which is approximately ¾ of what national healthcare will cost this country. In other words, MERS has not only unlawfully destroyed America’s housing market and economy; it will be responsible for the murder of thousands of Americans over the next few years. The Taliban and Al Queada would be proud to be associated with MERS.
Courts all over the country are continuously ordering foreclosures were MERS is involved stopped. Judges are sanctioning the attorneys and law firms that represent bank that used MERS.
Recently, the treasurer/secretary William Hultman was deposed by a law firm in New York. His answers are nothing short of stunning. He admitted to the fact that anyone could claim to be a “vice president” of MERS in documents initiating foreclosures, even if MERS had never actually ever heard of the person. It appears ALL of these people have failed to inform the I.R.S. they are claiming to be vice presidents of MERS, which itself could be an additional crime.
Eventually EVERY home foreclosed upon where MERS is involved will by law have to be returned to its true owner. The more homes allowed by the courts to be stolen by attorneys representing MERS, the more cases the court will eventually have to handle. This will inevitably overwhelm our judicial system and cause our whole system to overload and collapse. 
It may eventually be decided in federal court that any bank and attorney involved in stealing real property shall be held accountable under the RICO ACT, the HOBBS ACT, the USA PATRIOT ACT, and considered “paper terrorist” for their unlawful conversion of real property and filing false and/or forged documents in public offices all over the country.
Who would have ever thought America’s own bankers and attorneys will accomplish through the creation of one corporation and a few million lies in court what every terrorist in the world has failed to achieve, that of shutting down America from the inside? Comparatively, 911 was a small battle in cost and deaths compared to what the banks and attorneys have and will cost in money and lives through the scam known as MERS.
In the interest of justice and prudence, this Court should study the affects of the criminal conspiracy to defraud America known as MERS to prevent the destruction of this country by the criminal conspiracy; and issue a summary judgment in favor of Plaintiff to prevent the further destruction of this country.
Or in the alternative, this Court can simply wait to be inundated by tens of thousands of cases where this and all other Arizona courts will have to correct all of their previous decisions concerning cases involving MERS.

    ?????BODY OF PLEADING   ??????

THEREFORE, based upon the foregoing, and in the interest of justice and the public policy to prevent terrorist acts and other activities that may lead to the destruction of this country economically, Plaintiff moves this Court to grant Plaintiff’s Motion for an Order to Show Cause Hearing and a Temporary Injunction; or in the alternative; Injunctive Relief to bar all proceedings against Plaintiff and Plaintiff’s real property until such a time as Defendants can comply with ALL Arizona laws pertaining to the issues at hand.


Attached is my affidavit.

If anything bizarre happens to me, please print and send copies to:
POTUS, US Attny Gen, AZ Attny Gen, Maricopa County Atty Gen, USDC Court, Provost marshall and media.

I have a hearing this Friday, Feb 4th, 101 W. Jefferson, Phoenix, 9:00 am, east court bldg, Judge Glenn Davis (rm 614), please show up if possible.

Now I will explain some things about why we do things our way:

First let me say the courts are wrong, they are corrupt and they are evil. What I am explaining is why and how stuff happens. I am not saying it is lawful, legal or right, it is just the way it is. Confusing Merika with America is a fatal error.
America is the land of the free, home of the brave.
Merika is land of fee, home of slave.
Its not that hard to figure out which one applies to us since we are surrounded by over taxed cowards.

I.          Presumption verses law:
The court uses the false presumption created by he bank’s recorded documents to do what they do. The court claims presumptions trump law, it’s not right but there is nothing you can do about it. You cannot undue the presumption in court. That is why we have the Secretary of State do her job, it destroys the presumption. Now we can walk into court and use the law.
It is that simple, whether you like it or not.

II.        Tenant verse owner:
There is a new concept out there that somehow the tenant as compared to the owner in accordance with the mortgage causes other laws to come into place. In a non-judicial state you used a Deed of Trust, not a mortgage. You are also considered a “tenant” by law. Again, like it or not that is how it is.
The concept about mort-owner won’t work.

III.       Notary complaint:
It is everything. If you do it yourself it can take months. If Kevin does it, it can take weeks. It’s up to you. If you don’t do it you will lose. If it takes too long you will lose. Have Kevin do it. 
Don’t ask me for help if you have not bothered to do the notary complaint. Its too hard without it and you won’t need my help if you do it.
Ryan can’t even keep a judge because of his notary complaint.

IV.       Our process verses everyone else’s:
In criminal court you are “presumed innocent until proven guilty” (kind of). So, the prosecutor must provide evidence to undue the presumption and the jury decides if the facts are sufficient (beyond a reasonable doubt) to undo the presumption, if so, the law can come into play.
In foreclosure cases people try to undo the presumption. Law does not undue a presumption, a jury does or a government official does, nothing else, not even your whining. So we use the government official since we know the court is too corrupt to give us a jury. Now once the government official (in most states the SOS) undoes the presumption we can use the law to trash them and their process. In fact, once the presumption is gone you will probably no have to go to court; you can use the law to cause the court to go after them.
What a concept, the gov’t actually going after the real criminals. It could work, yah, that’s the ticket.

V.        Patriot processes:
Shut the hell up and go the f*&^ away. People will pay thousands to be lied to and won’t donate didly squat to hear the truth. Again, Merika verses America. If people donated to us the way the pay those carpetbaggers this thing would already be over.

VI.       Quiet Title:
We will be starting on those soon. I am swamped and haven’t written up the template yet. This has worked every time it was done properly. Only one group does them properly. They are friends of mine. They use my stuff and we will use their stuff. Be patient. I am working on it with, with I might add, very little resources, which confuses me since so many people use my stuff.

VII.     Court:
Practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, practice, then practice some more.
Pleadings, laws, whining, attitude, prayer, the cosmos, the zodiac, planet X, etc., won’t do crap for you. Justice and equity have no respect for people that do not do their job.
You should be practicing everyday. When you walk past that little gate in court your sphincter will tighten, your mouth will become dry, your heart will speed up, and you won’t remember crap, UNLESS you have done it so many times you can scream it at Satan herself.

Nough said.

If you missed today, you missed a lot. 2/20/2011

Here is what we will be directing our energy towards from now on, you should have been watching.

1.    We file the notary complaint. If you are in a time crunch, file the civil action and a TRO. Add the notary complaint document to the TRO. Ask for injunctive relief UNTIL the SOS determines the outcome of the notray complaint.

2.  When you get the SOS decision revoking the notary commission file a complaint (will be written soon) defuncting the foreclosure due to the bad documentations recorded, which are now ONLY evidence of a crime being committed against you and cannot be used as grounds for the foreclosure.
     a.   criminal acts cannot also be used to initiate a legal action against you to steal
    your home
     b.   the criminal acts are grounds for the new complaint
     c.   very short complaint, only concerned with the criminal acts committed against
           you and the relief, which would be to start the foreclosure from scratch with
           valid documents, which would prove the previous documents were false and
           therefore be an admittace to the crimes, a bad situation for the banks to be in
     d.   also treble damages if the house has already been stolen.

3.  Bank MUST claim the SOS "lacks trustworthiness"
   a.  no attorney can make such a claim in court
   b.  bank must use an attorney to go to court.
   c.  no attorney will go to court for bank.
   d.  Bank must settle or you get declaratory judgement for their failure to argue,
        and they can't argue without slandering SOS, which they won't do

Bottom line, forget fighting the foreclosure, just get rid of their ammo which are the recorded documents so they cannot attack you. If they file new documents you will have evidence they knew the old docs were criminal acts and you can still sue them. Now they can't foreclose. So, you can sue if they already took your home, or you can sue to stop them from taking your home. If they fight they must first admit to criminal acts and accuse the SOS of something no attorney will dare say.

If you think you have an argument against this I will entertain your opinion, but be prepared to be wrong.

I explained our new concept in class today. If you did not listen do not ask for clarification. We are there. We have a way that cannot be defeated, and will probably never be fought. This is it. Too bad you weren't here, everyone got it and understands why we can't lose now.

For those thinking about what to donate: If you have stayed in your home for a few months using our stuff add up what you have saved, then send us the percentage you think we desreve for all of our hard work, or don't and be ok with not paying a man what he has earned for helping you, its up to you. I will continue saving people until these bastards kill me, I would just rather do it not being so damn poor. For those who are broke, disregard the money side and get your butts moving and spreading the word. We need everyone doing what I am telling you to do, and doing it the way I am saying to do it. Nothing else will work!

The guru scumbags will soon be selling it for thousands of dollars, so get it out there before they rip your friends off.

Nough said.