Notices

This is a DIY page is for Southern Africans who are facing legal action or who are receiving demands from banks, financial services providers or debt collectors and their backs are against the wall; you can win without an attorney;

The truth is that the BAR works hand-in-glove with the banksters to fleece the people; we, the people are on our own; so, save yourself the money and defend yourself; no matter how good, we only stand 14% chance of winning; however, our actions have brought about a positive change in attitude from the courts, already; with the spotlight now on corruption, your chances are even better; 

First, our non-disclaimer:

No Disclaimer: Without any prejudice to the living, there is no disclaimer on these pages because we all see and do things differently; how we educate ourselves and how we use information is our own responsibility and no-one else’s; anyone making use of this material is wise enough to follow their own counsel and knows this when using this material; no-one can tell you what to do; the choice is yours and yours alone;

 

Background

Now, the “that without which not” of any dispute is to establish the truth;

“Court proceedings are held for the solemn purpose of endeavoring to ascertain the truth which is the sine qua non of a fair trial. Over the centuries Anglo-American courts have devised careful safeguards by rule and otherwise to protect and facilitate the performance of this high function… We have always held that the atmosphere essential to the preservation of a fair trial—the most fundamental of all freedoms—must be maintained at all costs.” Estes v. State of Texas, 381 U.S. 532, 540, 14 L.Ed.2d 543, 549, 85 S.Ct. 1628, 1631-32 (1965), rehearing denied, 382 U.S. 875, 15 L.Ed.2d 118, 86 S.Ct. 18 (1965).

Sadly, today there is NO TRUTH; NOT in the banks; NOT in the courts and NOT in the corporations fronting as “government”; The 1% do not work for we the people, the 99%; they work for the foreign global elite; under feudal imperialism; for the less than 0,1% at the top of the pyramid; the cabal; the old/new world order; mystery Babylon; for those who plunder all countries and people from behind the corporate veil of transnational criminal organizations, while paving the way for predatory capitalism to destroy the earth and its people; 

CHRIS HEDGES - we live in a nation

So, the sad truth is that we the 99% are on our own; we have been sold down the river by the very people who made solemn oaths to protect us and our communities; instead, we are being exploited; it is now up to us to defend ourselves against this tyranny; this absolute despotism we call “Demo(no)cracy”; the quicker you get this, the easier your path will be; do, not bother wasting your money on attorneys; they are highwaymen, pirates and privateers; and, work with the white collar criminals to rob you of your hard-earned sweat; you will do much better by defending yourself than by using attorneys; as well as save thousands in legal fees; sacrifice is a measure of credibility; some Judges do have a conscience even though they have already sold their souls to the Devil;

MAXIMS - It is punishment enough

Now, the BAR courts represent a battlefield; you are preparing for a battle; the purpose of this educational material is to gird your loins with the truth, give you a breastplate of righteousness, cover your feet in Peace, provide you with a shield of Faith against the darts of the wicked, a helmet of Salvation and a Sword of the Spirit of the Law (Ephesians 6:14-17);

 

Lawful Defence Educational Material

The following are listed in order of importance; first read the Giftoftruth pages that you are directed to, before downloading documents; to get an overview, IF you have time; otherwise cram; spend every spare moment learning;

Principles of Law: There are ancient and established principles of law known as “maxims” that need no further explanation or further words; one can rebut all their arguments by only using maxims;

download Principles of Law for the New Earth at: https://giftoftruth.wordpress.com/maxims/

Select the maxims relevant to your case; delete all unwanted ones; print them; learn them; add them to your lawful defence documents and use them in court;

Holy Bible: The foundation of all law is the Bible; the courts make you swear upon the Bible; but, notice that the BAR members do not; if, you ask them to also make an oath upon the Bible to tell the truth, they will most likely run from the court; use the Holy Bible as lawful defence; see: https://giftoftruth.wordpress.com/bible/

Black’s Law Dictionary 4th Edition: The BAR legal system uses semantic deceit, false words and fictions of law to deceive and defraud and entrap us; and, the definitions of words are quietly being changed with every newer edition to take away our rights and make us forget who we are; however, when there are questions raised regarding law, the “old authorities” trump the newer ones; so, as you go along, do read the definitions of key words used; download a PDF copy of Black’s Law 4th Edition at: http://heimatundrecht.de/sites/default/files/dokumente/Black’sLaw4th.pdf

Know your rights: https://giftoftruth.wordpress.com/your-rights/

Cult of Personality: We live in a literal cult of personality; we are calling ourselves “persons” with no rights instead of “people” with unalienable Creator-given rights: http://abathembublog.wordpress.com/cult-of-personality/

What is Law? Know the true concepts and nature of what law is; learn what jurisdiction and subject-matter jurisdiction is; learn the key differences between Law of the Sea v. Law of the Land: https://giftoftruth.wordpress.com/what-is-law/ 

Know the truth about the BAR legal system: https://giftoftruth.wordpress.com/bar/

The FAQs page provides  a brief summary of all Giftoftruth pages; see: https://giftoftruth.wordpress.com/faqs/

 

Are you being harassed for ‘bad debt’?

You are getting constant phone calls, sms’s or emails from attorneys or debt-collectors for unpaid bills; 90% of the time they are “fishing”; “rousing the grouse”; often, these “bounty hunters” are usually students or small-time operators that get your details from corporate databases; and, use automated systems that keep sending mass demands until someone takes the hook; then they close in for the strike; they know roughly how many people will fall for their tricks; and, they rely on your fear of authority and your ignorance of what law is; it is very easy to deal with this lot;

Firstly, for anyone to make a legal demand on behalf of a corporate “creditor”, the agent must have:

  • a Power Of Attorney; this is a letter from the Corporation giving the agent the authority to act on their behalf; 
  • A certified copy of the original agreement upon which they base their claim; 

They have no POA and no certified copy of the original agreement; tell them that you reject their offer to contract, unless they can produce the above two pieces of paper via email; otherwise, they are third-party interlopers and you reserve the right to sue them for harassment according to the  PROTECTION FROM HARASSMENT ACT NO. 17 OF 2011; 

Remember, they are playing poker and are calling your bluff;  just ask them to put their claim into writing via email; most of them won’t harass you any further as they are not authorized by the service providers you have an outstanding agreement with; there is NO need to get into an argument;

Download text: Notice to Debt Collectors – 2018

If, however, you are receiving demands from Attorneys who you know are working for the bank or financial service provider then begin by asking them questions;

Download text: Mortgageholders – 10 questions to ask your bank – 2018

 

Foreclosures

South Africa is still in the dark ages when it comes to lawful defence against the banksters; America, on the other hand, have made great strides; and, one may refer to American rulings in SA foreclosure defence; we have summarised important rulings in U.S. foreclosure cases at: https://giftoftruth.wordpress.com/foreclosures/

At the end of the Foreclosures page, one will find further info on RSA cases; however, there are better legal strategies for foreclosure defence herein below;

NB!!! In foreclosure defence, do not attempt any other strategy other than a legal one that meets procedural law requirements;

Forget about A4V and UCC and Bills of Exchange and all that jazz; we have been there and done that; it does not work ; a decent enough attempt at asking the right questions can win the day;   

 

How to defend your home against bank foreclosure

Posted 05 February 2017 Written by Armand Rinier

Category Banking

Your home is your most important asset, and South Africa is among the most abusive countries in the world when it comes to foreclosure, with more than 100,000 homes sold at sheriff’s auctions since the Constitution came into effect in 1995 – despite Constitutional rights to housing. Of all your assets, your home is the most important. I would argue that these 100,000 homes were taken away by the banks because the home owners lacked sufficient knowledge of the law. The object of this article is to try and save your house and explore your defence options when the bank forecloses on your bond.
Read further regarding your options and valuable tips at: http://www.acts.co.za/news/blog/2017/02/how-to-defend-your-home-against-bank-foreclosure

 

THE KEY to Foreclosure Defense…SEND Discovery, DEMAND Answers, Put The Bank ON THE DEFENSIVE!

Download text: THE KEY to Foreclosure Defense – 2018

Source: https://mattweidnerlaw.com/the-key-to-foreclosure-defense-send-discovery-demand-answers-put-the-bank-on-the-defensive-how-to-win-your-foreclosure-case/

 

Summons, Notice of Intention to Defend and Plea in practice

Summons, notice of intention to defend and plea in practice

Download text: Summons, Notice of Intention to Defend and Plea in practice – 2018

 

Looking for the magic bullet to stop the Epic fraud?

Most U.S. courts are upholding the “unfair and deceptive practices defense”.

Skip over the verbose and complex defenses because this is the one judges support. It’s pretty easy to meet the two requirements to 1) show a loss and that 2) it was caused by an unfair business practice.

You don’t have to prove negligence or any crime such as fraud just an unfair practice that coaxed you into losing your home.

We need to stop complicating the issue and cut to the obvious. Banks are manipulating foreclosures so that people can’t make payments.

 

Foreclosure Templates

Download Template text: NOTICE OF INTENTION TO DEFEND – 2018

Next download and read: ON AFFIDAVITS – 2018

 

NEED HELP???!!!

This is too much for me; I need help with writing documents;

Then email the administrator UZA at commonlawsa@gmail.com for help;

We may have the time to help you for a donation;

 

Further Reading

Banking: is controlled by the global elite cartels; for a brief history of the banksters read: https://giftoftruth.wordpress.com/banksters/ and https://giftoftruth.wordpress.com/end-the-fed/

Money: the creation of money is very different to what the public are mislead into believing; banks create money out of thin air; and, money is nothing more than an IOU, a promise to pay; a debit and not a credit; read more at: https://giftoftruth.wordpress.com/banking/

Bills of Exchange: The public are only aware of “money of account” when there is other types of money such as “money of exchange”; when one comprehends how MOE is created then one will realize that not only are we living in a pre-paid system, but also that we are also being double-billed; see: https://giftoftruth.wordpress.com/bills-of-exchange/

Now, if the banking and money system was honest and lawful, we would be the first to tell you to pay all your due and just debts; but, it is not; so, the law of necessity morally and ethically obligates us to speak out against the fraud upon we the people; and, to educate and inform you; 

MAXIMS - By no agreement will fraud be

 

Court Educational material

Download and read before proceeding:

The Four Corners Rule – 2018

7 Demands for Discovery

Court hearing responses

Courts by contract

A Must Read from one pissed off judge

Fraud on the Court as a Basis for Dismissal with Prejudice or Default: An Old Remedy Has New Teeth

by John T. Kolinski; The Florida Bar Journal; February, 2004 Volume LXXVIII, No. 2; Page 16. Read full text at: http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/7ee566f4f7305b2085256e24006a34b6!OpenDocument&Highlight=0,disability*

Jurisdiction of Regional Courts

Rule of law

Summons response

The Courts in South Africa

 

Foreclosures – further educational material

The following 2 Affidavits may be used as evidence in any RSA foreclosure case:

Affidavit confirming securitization by expert

Affidavit of Windeed Searches

Here are sanitized examples of current mainstream documents:

Answering Affidavit example

Discovery Notice sanitized

Sanitized Answering Affidavit 25 5 2013

Securitisation additional arguments

 

Examples from a RSA foreclosure case

Don’t expect to win. When one has had experience in the courts as to how the game is one realises that they cannot allow a precedent against the corrupt and fraudulent financial system. However, the following ought to win in a fair trial. In this case the banks proceeded on a draft ruling that had NO court stamp; the homeowners were forced to continue paying the ‘loan’:

2015.03.23 NOTICE OF INTENTION TO OPPOSE template

2015.04.08 FOUNDING AFFIDAVIT template

2015.04.08 NOTICE OF MOTION template

The opposing attorneys or courts will more than likely question one’s standing to self-represent; do a POA anyway and file it at the outset even if not required; 

2015.04.27 ANSWERING AFFIDAVIT template

2015 Power of Attorney in Fact template

Now, the opposing attorney will need to provide POA and authorization from the bank; we do this because we want to know who is holding the pirate flag? The crew always bail and leave the captain to walk the gangplank.

2015.06.10 Answering Affidavit sanitized

They did provide the necessary authorization; now we have the names of those party to the action; we will counter-claim once we set them down; they still have not provided the original mortgage and note and related accounting; it’s still irregular and opposition cannot proceed; check. Now we notice them the second time:        

2015.08.04 NOTICE sanitized

015.09.01 APPLICATION sanitized

 

South African Police Services

Are you being harassed? The SAPS made an oath to serve and protect the people. Educate and inform them and hold them to their duties when filing a complaint with the SAPS.

2016.30.01 SAPS NOTICE harrassment template

 

Step by Step Emancipation

At this point one ought to consider doing the step by step emancipation of one’s name, land and private property; downloading and reading the documents will help you better word your documents; https://giftoftruth.wordpress.com/emancipation/

38 thoughts on “Notices

  1. Good day.
    1. Have you had success with A4V for municipality tax & rates bills?
    2. Does it work even if you have not completed the emancipation process?
    Kind Regards

    1. Yes, the one time we pursued an A4V of an RCS loan the Credit Bureau “wrote it off” but incorrectly, not as a settlement; small wins everywhere;

      However, when we find a gap they change the rules; our first express trust sailed through; within 6 months one now first has to fill in trust forms which grant them jurisdiction;

      So, like Anna von Reitz we are now going for the heads of the beast;

      Keep in mind that what we are doing is educating the people to wake up and to object to an evil system without getting into trouble;

      And, letting the crooks know that little brother knows what they are up to; and, we won’t be party to their fraud;

      1. Hello.
        Good to hear you are aiming for the root.
        Could you clarify a few points. Are you saying that:
        1. A4V do npt work anymore as they have changed thing?
        2. If A4V is used today it will get us into trouble?
        3. A trust form gives them jurisdiction, how so?
        Kind Regards

      2. 1. Bills of Exchange is a geometrically perfect system; if, you do the emancipation process and then A4V a bill to treasury and cc the issuer then you have transferred the bill; like a hot potato; it’s no longer your baby; however, if it is an electricity bill they may threaten to cut you off; so, follow ups are necessary; kick up a stink;
        2. No, it will not; one is very safe; what gets people into trouble is when they start creating promissory notes; fake cheques to try and monetize negotiable instruments; like Heather of OPPT tried…
        3. Their trust forms are for “registered” colonial feudal imperial trusts; there is no box for un-incorporated express trusts; so, we get around that by sending it via registered mail; Or, file an Inter Vivos Trust and slip the express trust inside;

        If, you only knew the great power that you have; we have literally shut down the Western Cape High Court and rebuked them publically;
        We have taken Constitutional Hill 4 times without permission, without permits; only armed with a pen and paper and, they all ran; but, we were few and the public unaware; it needs 50 000 marching on the hill and arresting the imposters; it’s coming;

        They are quaking in their boots because the fraud is trillions; and, not a single organ of state is not involved;

        But, they continue to pick the public off one by one in their law of the sea tribunals on our land; for now, arm yourself; the trust is a shield and the emancipation process a sword; he who leaves the battlefield first loses by default; in peace

      3. 1. We must not concern ourselves too much with their shenanigans; start prepping; collect seeds; a bug out bag; a plan to leave the cities in an emergency; head to a very rural out of the way place;
        2. Our purpose is to help lay the foundations of law of the land; for the people to use; develop jural assemblies; hold banks, bar, corporations and government accountable; however, it is not lawful for us to do it all for the people;
        3. Local communities have always governed themselves when necessity for self-preservation drives them to act;

        Me abides by the 4 agreements: always do your best; be impeccable with your word; make no assumptions; take nothing personal;

        Remaining present by only being and doing and feeling is the key; by thinking of things past or future takes us away from the present; and, that’s when we trip up;

        Myself has abandoned all bank accounts, cars, home, names, earthly estate; for 7 years now; never needed to use any of these processes, but to emancipate my body and soul; and, live by faith; so, this is a labour of love; and, supported by the people we have met along the way; in peace, bt;

    2. Do the emancipation process; its not just a physical act; and, tell the money bill vendors to sort out their fraud scheme and leave you out of it;

      Have you noticed all the talk about stamping out corruption and “state capture”? It’s because hundreds of departments have received 1 000s of notices from people like you; the rats are running, but the people cannot yet see the peaceful revolution underway; peaceful non-compliance; lawful conscientious objection; the people shall govern;

      Thank you for asking questions; its how we learn to simplify and clarify; in peace

  2. Hello.
    1. Is there such a thing as ‘Satisfaction’ pf a deed and/or mortgage?
    2. How would one go about this process?
    3. What is the reason one would take part in ‘ private emancipation process’?( what practical applications are there, in court cases and rates&taxes).
    Kind Regards

    1. Hi, to answer your questions;
      right now, Southern Africa is still property of the British Crown, Temple Crown and Rome; all laws on our land is not law, it is the rules of sea merchants for sea men;

      The law of the land is silent; we are busy correcting that for SA;

      In the meantime, all your property is still “abandoned at sea” until you move it back to the land jurisdiction; and, hold the treasury responsible to sort out the mess; and, settle all debts levied against the person; your person is property of the state until you have set the record straight with the emancipation process;

      Maxim – A bond is released by the same formalities with which it is contracted.

      All deeds, titles and mortgages are fraudulent; if, one has taken a mortgage the title deed is gone;

      The emancipation process needs a Declaration of Trust; filed with Registrar of Deeds Office,

      If, one has done all this BEFORE a foreclosure action then when your facing a judge…. I am only here by “special appearance ” only and “without prejudice” and I retain, reserve and defend… after that if the judge tries to ask you any questions just tell him: Objection, I didn’t come here to contract, only to settle and clear this account using my private recourse of “set -off” as a third party intercede; you have my permission to set-off this account for full contract, settlement and closure in full, “with prejudice”; if, the registrar could present me with the original court order tomorrow in their office, I will endorse it with an entitlement order;

      My business is concluded here; you may adjourn the court; they will try and entrap you with questions; object; do not remain silent, but do not answer questions; it is an art; hope this helps; in peace

  3. Hey omce again. Hope you can help. Is there such a thing as Allodial title in South Africa with regards to property. If so, how would one go about getting allodial title for their property?

    1. Hi, great question; under customary law land is allodial; so, tribal land is under custodianship of a chief or king;

      If, your property is registered we can tell you that the original title deed is gone; so, you just need to create your own title deed and or express trust then file it with the registrar of deeds; but, do the Emancipation process first;

      Am busy updating the express trust manual this week; in peace

      1. Good day. Were you able to update the emancipation documents yet?
        And one question, 1) Are you aware of a land patent and does this apply in SA?
        Kind Regards

      2. Good day. Hope you are well.
        Were you able to update the emancipation documents yet?
        And one question,
        1) Are you aware of a land patent and does this apply in SA?
        Kind Regards

      1. Thanls for your reply.
        1. The post office usually take 3 to 4 weeks to deliver, will this not affect the “30days” given on a summons to respond? And a hand delivery would also mean there is no UPU.
        2. If all documents submitted to the court have a post stamp on the back with an endorsement, would that not be the same as UPU?

      2. If, you have been summonsed to appear in court you need to do a Founding Affidavit and a Notice of Motion; will update the “How to File Court Documents” today; you will make a few copies, have them certified, take all to lawyers first to stamp all and keep one; then the Sheriff to again stamp all, keep one, then Court;

        When you have time, start doing the Emancipation process; click on Emancipation page above; this involves using registered mail;

        To avoid confusion and save time, we suggest you book a Zoom meeting with bt and make a donation for his time; we can also assist you with writing documents; hope this helps;

      3. Why not endorse/accept for value the summons as a bill and ruturn it to the court, lawyers and sheriff? Would that require me to first complete the emancipation process?

      4. Very good point; if, you feel confident enough then do an A4V; Write: “Accepted for Value And, kindly make a direct charge against the Strawman Trust Account JOE BLOGGS Exemption I.D. Acc. Number: [insert ID no.] held in the National Revenue Fund and administrated by the Minister of Finance, National Treasury; and, in accordance with Section 77 – Money Bills and Section 120 – Money Bills of the CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996; as well as for full contract, closure and settlement of any and all present and future just and lawful commercial claims against the Defendant.”

        However, to remain in honour you will be forced to appear in court; search online for a Notice to Oppose template; then you will need to file a Founding Affidavit and Notice of Motion; the banks must prove standing – that they are the owner of the note and trust; and, still in possession of the original documents; request a forensic audit on the documents filed; they must prove chain of title; hope this helps;

      5. Thanks again you’ve such a great help. One last questions.
        2. Would replying to the summons with a notice to the lawyers accepting their claim upon them proving, in their private capacity, who “YOU” is. Serving on the lawyers, court and sheriff. Would that be an vaild option?
        2. What would the court do after this point? (Move to set a court date or request the lawyers to file a counterclaim?)
        Thanks for the email address.

      6. Thanks again you’ve such a great help. Two last questions.
        1. Would replying to the summons with a notice to the lawyers accepting their claim upon them proving, in their private capacity, who “YOU” is. Serving on the lawyers, court and sheriff. Would that be an vaild option?
        2. What would the court do after this point? (Move to set a court date or request the lawyers to file a counterclaim?)
        Thanks for the email address.

      7. By arguing one enters into an adhesion contract anyway; the alternative is to conditionally accept what they say on condition they prove up their claim; or reject their offer outright;

        Alternatively, you can offer to settle out of court on condition they meet your 7 Demands for Discovery; the court will then remove the matter from the roll; you then request mortgage and note and all chain of title documents and then have them verified by a forensics auditor or notary public;; then you counterclaim; and now they go in on the hind foot; tai chi panda;

      8. Ok I think I am misunderstanding something very key here.
        How can I be in dishonour if I did not dispute, argue or remain silent. But rather I accepted the claim for value (and promise to pay/settle in the private) on condition they validate their claim by providing evidence that “YOU” (who they address in the summons) is Jone Max (a man, who was served with the summons). How can they take that as dishonour?

  4. Bro Tom, in using the letter and notice to the bank I need to know who must affirm it. Also I need to know if I must sign it

  5. I requested a true bill from all my creditors and they have not responded. I also forwarded promissory notes them, but they either don’t reply or informed me they do not accept it. What is the next step?

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