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;
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;
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;
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
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
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
Summons, Notice of Intention to Defend and Plea in practice
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.
Download Template text: NOTICE OF INTENTION TO DEFEND – 2018
Next download and read: ON AFFIDAVITS – 2018
This is too much for me; I need help with writing documents;
Then email the administrator UZA at email@example.com for help;
We may have the time to help you for a donation;
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;
Court Educational material
Download and read before proceeding:
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*
Foreclosures – further educational material
The following 2 Affidavits may be used as evidence in any RSA foreclosure case:
Here are sanitized examples of current mainstream documents:
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’:
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;
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.
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:
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.
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/