Almost everything you read below was discovered by, created by,... www.showmetheloan.net and/or his group of friends and researchers.

Almost everything you read below was discovered by, created by,... www.showmetheloan.net and/or his group of friends and researchers.

WHY USE AN “ACTION TO QUIET TITLE” TO SAVE YOUR HOME
Almost everything you read below was discovered by, created by, researched by; John Stuart of
www.showmetheloan.net and/or his group of friends and researchers.
Although numerous other people are using or have used these concepts effectively they may not
work for you if you do not understand how to operate in law and in court; especially if you add
ANY of that stupid pay-the-idiot pay-tri-idiot useless stuff.
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DISCLAIMERS:
THIS IS NOT LEGAL ADVICE; its just education material by a layman for laymen
I AM NOT AN ATTORNEY;
YOU CAN FORWARD THIS TO ANYONE AND/OR EVERYONE;
IF YOU ARE PART OF SOME PAY-THE-IDIOT GROUP and/or PAY-TRI-IDIOT
GROUP and/or YOU RECEIVE THIS FROM A PAY-THE-IDIOT GURU, HE STOLE
THIS FROM ME and/or MY GROUP AND IS LYING TO YOU ABOUT
EVERYTHING, DO NOT USE WHAT HE SELLS YOU, IF YOU DO YOU WILL
PROBABLY GO TO PRISON;
THIS DOCUMENT IS INCOMPLETE, IT ONLY SPELLS OUT THE BASICS,
COURT STINKS, IT ALWAYS STINKS AND IT STINKS A LOT, IN MOST STATES
THE JUDGES’ PENSION FUND IS DERIVED FROM STEALING PEOPLES’
HOMES, THAT MAKES THINGS A LOT HARDER;
IF YOU DO NOT GO AND WATCH TRIALS AND PRACTICE BEING IN COURT;
WHEN YOU WALK PAST THAT LITTLE FENCE EXPECT YOUR BOWELS TO
TIGHTEN, YOUR MOUTH TO CLOSE, YOUR HEART TO SPEED UP AND
EXPECT TO LOSE BECAUSE YOU WERE NOT PREPARED.
A lot of lawyers, laymen-pro se, pay-the-idiot and pay-tri-idiot gurus have tried a lot of different
ways to stop foreclosures.
I will not waste my time discussing the morons’ way of doing things since; as always, NONE of
the pay-tri-idiot ways work: A4V, EFT, Reconveyance, Promissory Notes, Bonds etc., are just
useless documents written by con men to sell to people that are so desperate and scared they will
try anything and follow anyone. Damn ALL of those pay-tri-idiot scum bags to the hell from
whence they came.
But, for your understanding, I need to discuss why what the lawyers and educated laymen-pro
se’s have done that has not worked, and why the attempts at using the courts have failed.
I will include Black’s Law Dictionary Sixth Edition definitions when appropriate [as noted with
a (B6)], otherwise I will use Standard English parlance.
An Action to Quiet Title may only be as effective as your documents; therefore you should file
your notary complaints (see: www.notarycomplaint.com), file the 3949A’s for the 1099A’s, and
obtain a complete and accurate forensic exam and/or audit as part of efforts to keep your home.
In law, there is a difference between “An Action to Quiet Title” and “A Quiet Title Action.” You
need to decide which applies in your case.
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I.
VERY IMPORTANT BEFORE YOU FILE ANY SUIT
In most States: you MUST FIRST serve the entity you are going to sue with a NOTICE OF
INTENT of some type. Check your State statutes. Normally this must be inclusive of a Quit
Claim Deed and a money order for $10 or more. If they sign the Quit Claim Deed and cash the
money order, game over, no need for court. If they do not; then you can proceed with a suit. If
you do not do the NOTICE first your case shall be dismissed, probably with prejudice. You lose!
(B6) Quitclaim deed. A deed of conveyance operating by way of release; that is,
intended to pass any title, interest, or claim which the grantor may have in the
premises, but not professing that such title is valid, nor containing any warranty or
covenants for title. In a number of states, a deed which purports to transfer
nothing more than interest which grantor may have, if any, at time of transaction,
and excludes any implication that he has any title or interest in described realty.
Sabine Production Co. v. Guaranty Bank & Trust Co., La.App. 1 Cir., 432 So.2d
1047, 1052. Under the law of some states the grantor warrants in such deed that
neither he nor anyone claiming under him has encumbered the property and that
he will defend the title against defects arising under and through him, but as to no
others. Compare Warranty deed.
II.
WHAT IS AN ACTION TO QUIET TITLE / QUIET TITLE ACTION
A.
QT explained:
QT is probably one of the most aptly named suits in law. An Action to Quiet Title is a
procedure in court (an action) wherein one party claiming ownership moves a court (through a
judicial decision) to “quiet the title.” The “noise” on the Title is inclusive of, but not limited to:
clouds, claims, liens, lis pendens, etc.
Basically you are asking a judge to look over everything and interpret every claim and
decide who the actual owner of the real property is.
B. Difference between QT suits and other cases:
1.
In a QT, false and/or forged document are NOT PRESUMED to be valid. In fact,
there are no true PRESUMPTIONS in QT unless the respondent/defendant fails to appear; in
which case the court PRESUMES the filer (plaintiff) is correct in all aspects.
Note: WHEREAS in all other cases all documents are PRESUMED to be valid!
2.
QT is not about monetary damages, it is about “equitable relief.”
(B6) Equitable relief. That species of relief sought in a court with equity powers
as, for example, in the case of one seeking an injunction or specific performance
instead of money damages.
(B6) Cloud on title. An outstanding claim or encumbrance which, if valid, would
affect or impair the title of the owner of a particular estate, and on its face has that
effect, but can be shown by extrinsic proof to be invalid or inapplicable to the
estate in question. Best Inv. Co. v. Parkhill, Tex.Civ.App., 429 S.W.2d 531, 534.
A conveyance, mortgage, judgment, tax-levy, etc., may all, in proper cases,
constitute a cloud on title. Newpar Es Estates, Inc. v. Barilla, 161 N.Y.S.2d 950,
952. The remedy for removing a cloud on title is usually the means of an action to
quiet title. See Quiet title action.
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(B6) Quiet title action. A proceeding to establish the plaintiff's title to land by
bringing into court an adverse claimant and there compelling him either to
establish his claim or be forever after estopped from asserting it. See also Action
to quiet title; Cloud on title.
(B6) Action to quiet title. One in which plaintiff asserts his own estate and
declares generally that defendant claims some estate in the land, without defining
it, and avers that the claim is without foundation, and calls on defendant to set
forth the nature of his claim, so that it may be determined by decree. It differs
from a "suit to remove a cloud," in that plaintiff therein declares on his own title,
and also avers the source and nature of defendant's claim, points out its defect,
and prays that it may be declared void as a cloud on plaintiffs estate. It embraces
every sort of a claim whereby the plaintiff might be deprived of his property or
his title clouded or its value depreciated, or whereby the plaintiff might be
incommoded or damnified by assertion of an outstanding title already held or to
grow out of the adverse pretension. Bank of American Nat. Trust & Savings Ass'n
v. Town of Atherton, 60 Cal.App.2d 268, 140 P.2d 678, 680. See Cloud on title.
III.
WHY QT WORKS / WHY OTHER CASES DON’T WORK
A.
Rule 1 in life, in court, in relationships: PRESUMPTIONS ARE EVERYTHING.
B.
In almost all cases, except QT, all documents entered as evidence, especially
documents entered by a bank, are PRESUMED valid.
C.
Invalidating a PRESUMPTION is almost completely impossible; it is like proving
a negative.
Note, ie: “…you must now provide enough evidence to everyone to prove you
have stopped beating your wife!...” What, you can’t, and the allegation in the
demand PRESUMES you are guilty. Brothers and sisters, THAT IS LAW! Be
ready. It’s a lot better when you are making the other party provide the evidence.
D.
In QT, there is a complete absence of PRESUMPTIONs in favor of the
defendant/respondent, each party may be required to evidence their claim(s) but ONLY if the
defendant/respondent makes a very good case.
E.
In most QT cases, the banks don’t even show up! We all know why! The banks
rely completely on “…false and/or forged documents filed into a public office…” (see: type that
statement into your state law search for the appropriate statute), which if filed into a court case
where the documents are examined may lead to felony charges against the provider of the
documents and sanctions against the lawyer for entering the documents into court without
verifying the documents validity.
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IV.
WHY DOCUMENTS MATTER IN QT AND NOT IN OTHER CASES
A.
The Doctrine of Legal Acumen
The Doctrine of Legal Acumen is simply legalese meaning if you want to discuss the
validity of documents concerning real property and a party’s interest therein, you should do so in
a quiet title case and use evidence obtained form sources outside (extrinsic) to the court and/or
case.
(B6) Legal acumen /liygal akyliwman/. The doctrine of legal acumen is that if a
defect in, or invalidity of, a claim to land is such as to require legal acumen to
discover it, whether it appears upon the face of the record or proceedings, or is to
be proved aliunde, then the powers or jurisdiction of a court of equity may be
invoked to remove the cloud created by such defect or invalidity.
B.
Aliunde
Just a “lawyer” word for evidence and/or inferences extrinsic to the item itself. In other
words, to prove the document is false and/or forged you might need the original, a hand writing
expert, a certified copy of the recorded document, etc.
(B6) Aliunde /eyliyondiy/. Lat. From another source; from elsewhere; from
outside.
Evidence aliunde. Evidence from outside, from another source. In certain cases a
written instrument may be explained by evidence aliunde, that is, by evidence
drawn from sources exterior to the instrument itself, e.g., the testimony of a
witness to conversations, admissions, or preliminary negotiations. Evidence
aliunde (i.e., from outside the will) may be received to explain an ambiguity in a
will. See Parol evidence.
(B6) Aliunde rule /eyliyondiy rilw1/. A verdict may not be impeached by
evidence of juror unless foundation for introduction thereof is first made by
competent evidence aliunde, or from some other source. State v. Adams, 141
Ohio St. 423, 48 N.E.2d 861, 863.
(B6) Parol evidence. Oral or verbal evidence; that which is given by word of
mouth; the ordinary kind of evidence given by witnesses in court. In a particular
sense, and with reference to contracts, deeds, wills, and other writings, parol
evidence is the same as extraneous evidence or evidence aliunde. See also
Aliunde; Extraneous evidence; Oral evidence.
C. Equity
So much damage and insanity has been caused to our society by pay-tri-idiot and pay-theidiot scum bag morons who have a million illicit and ignorant comments and usages for this little
word. Not one of them knows what it means, understands it, is capable of adhering to its
principles or can explain it. But boy can they sell crap for it!
They talk about “courts of equity” yet can’t find one, because there aren’t any in the U.S,
laddy dah! We have civil courts that can grant “equitable relief” (see: page 2). If you hear one of
these carpetbaggers mention “equity”, run like the wind, they are full of crap and will teach you
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useless crap that will turn you into a pay-tri-idiot zombie, you may never wake up from that type
of insanity. I see it everyday.
We had English type Chancery courts, they became equity courts, now all of that has
been abolished and we have “civil court” to determine “equitable relief” when appropriate.
That’s the way it is, it doesn’t matter if you like, and it doesn’t matter that you don’t understand
it, it is what it is, deal with it and quit listening to those insane morons trying to sell you stupid
stuff; or lose every case, your home, your spouse and your sanity!
(B6) Equity. Justice administered according to fairness as contrasted with the
strictly formulated rules of common law. It is based on a system of rules and
principles which originated in England as an alternative to the harsh rules of
common law and which were based on what was fair in a particular situation. One
sought relief under this system in courts of equity rather than in courts of law. The
term "equity" denotes the spirit and habit of fairness, justness, and right dealing
which would regulate the intercourse of men with men. Gilles v. Department of
Human Resources Development, 11 Cal.3d 313, 113 Cal.Rptr. 374, 380, 521 P.2d
110. Equity is a body of jurisprudence, or field of jurisdiction, differing in its
origin, theory, and methods from the common law; though procedurally, in the
federal courts and most state courts, equitable and legal rights and remedies are
administered in the same court. See Equity, courts of.
A system of jurisprudence collateral to, and in some respects independent
of, "law"; the object of which is to render the administration of justice more
complete, by affording relief where the courts of law are incompetent to give it, or
to give it with effect, or by exercising certain branches of jurisdiction
independently of them.
(B6) Natural equity. A term sometimes employed in works on jurisprudence,
possessing no very precise meaning, but used as equivalent to justice, honesty, or
morality in business relations, or man's innate sense of right dealing and fair play.
Inasmuch as equity, as now administered, is a complex system of rules, doctrines,
and precedents, and possesses, within the range of its own fixed principles, but
little more elasticity than the law, the term "natural equity" may be understood to
denote, in a general way, that which strikes the ordinary conscience and sense of
justice as being fair, right, and equitable, in advance of the question whether the
technical jurisprudence of the chancery courts would so regard it.
(B6) Court of Equity. A court which has jurisdiction in equity, which
administers justice and decides controversies in accordance with the rules,
principles, and precedents of equity, and which follows the forms and procedure
of chancery; as distinguished from a court having the jurisdiction, rules,
principles, and practice of the common law. Equity courts have been abolished
in all states that have adopted Rules of Civil Procedure; law and equity actions
having been merged procedurally into a single form of "civil action". Fed.R.
Civil P. 2. See also Court of Chancery.
(B6) Court of Chancery. A court administering equity and proceeding according
to the forms and principles of equity. In England, prior to the Judicature Acts of
1925 (whereby the Court was superseded by the Chancery Division), the style of
the court possessing the largest equitable powers and jurisdiction was the "High
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Court of Chancery." By the Supreme Court of Judicature Act, 1925, all three
divisions of the High Court administer both law and equity. See now, Supreme
Court Act, 1981, § 49.
In some of the United States, the title "court of chancery" is applied to a court
possessing general equity powers, distinct from the courts of law. Courts of chancery (equity courts) have been abolished by all states that have adopted Rules of
Civil Procedure. See also Court of Equity.
(B6) Equity courts and law courts. The former being such as possess the
jurisdiction of a chancellor, apply the rules and principles of chancery (i.e. equity)
law, and follow the procedure in equity; the latter, such as have no equitable
powers, but administer justice according to the rules and practice of the common
law. Under Rules of Civil Procedure, however, equity and law have been merged
at the procedural level, and as such this distinction no longer exists in the federal
courts nor in most state courts, though equity substantive jurisprudence remains
viable. Fed.R.Civil P. 2. See Court of Chancery; Court of Equity.
V.
WHEN TO DO A QT
Now!
1.
QT takes precedence over all other cases in most states. It may stop a sale,
a foreclosure, a forcible detainer, writs of restitution and/or execution, etc. It may and/or can be
merged with BK cases if filed in USDC.
2.
If you are “not behind” in your “mortgage”; the home is “paid off”, etc.,
who knows what is going to happen since the banks are taking homes they never loaned money
on. I would do QT on everything!
A.
VI.
WHY DO QT
Because it’s your home, it’s your country, it’s your family, it’s your spouse. The
banksters are stealing EVERYTHING and they are doing it in that order.
Fight like you have a spine, stand up like a man, put down the remote, quit your whining,
and grow up; or bend down and the lick the boots of your new owners so they will give you
enough crumbs to survive long enough to dig the graves for children and clean the stalls in your
wives new lover’s stables.
VII.
HOW TO DO QT
A.
Don’t use any of those pay-the-idiot pay-tri-idiot moron copies of my teachings,
they always screw crap up and you will lose and may go to jail.
B.
Learn everything you can from www.showmetheloan.net and do it yourself.
C.
Hire an attorney and show him our stuff, do the documents yourself and just have
him do the filings and talking in court.
D.
Use the attorneys listed on www.showmetheloan.net to get the documents from,
then do it yourself or hire a local attorney to use the documents and talk for you in court.
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FROM THE ORIGINAL AUTHOR, John C. Stuart:
This document is hereby entered into the public domain by its sole and exclusive author;
for the good of the body politic and our country, all copyrights are hereby forsaken.
Author accepts no liability for its usage and/or any alterations made by any party are done
so with agreement that said altered document shall not be copyrighted and said author
shall acknowledge on said alterations that said document is plagiarized from the original
writing by John Stuart.
If you learned from this document, and you did, you are requested and encouraged to donate to
the writer. If you choose to donate may you receive blessings for your honesty and integrity, if
you choose not to donate or to use this document and the efforts of the writer for your own profit
without equal remuneration to the original writer, shall you be cursed.
To donate:
go to www.showmetheloan.net and click on DONATE; or
mail (preferable a USPS money order) to:
John C. Stuart
4101 West Union Hills Drive,
Apartment 1043,
Glendale, Arizona (85308).
by my hand and seal
DATED this 20th day of March, 2012.
By /s/ , without prejudice
John C. Stuart, sui juris
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