UCC "bond remedy" - suggestion only

Previous Topic Next Topic
 
classic Classic list List threaded Threaded
Locked 1 message Options
Reply | Threaded
Open this post in threaded view
|

UCC "bond remedy" - suggestion only

iamsomedude
Administrator
posted Jan 16, 2016 by some_dude
I do not like using the word "remedy" but it appear people are having issues with CREATIVE ACCOUTNING ... here is the key: you are BOTH lender and borrower; ALPHA and OMEGA ... make the record REFLECT THIS FACT.

ANY UCC filing can be used as surety for a bond:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0648/Sections/0648.442.html 

648.442 Collateral security.—
(1) Collateral security or other indemnity accepted by a bail bond agent, except a promissory note or an indemnity agreement, shall be returned upon final termination of liability on the bond. Such collateral security or other indemnity required by the bail bond agent must be reasonable in relation to the amount of the bond. Collateral security may not be used by the bail bond agent for personal benefit or gain and must be returned in the same condition as received. A bail bond agent may accept collateral security in excess of $50,000 cash per bond, provided any amount over $50,000 cash is payable to the insurer in the form of a cashier’s check, United States postal money order, certificates of deposit, or wire transfer and is remitted to and held by the insurer. A copy of IRS Form 8300 must be retained as part of the defendant’s file if it is otherwise required. A quitclaim deed for property may not be taken as collateral. Other acceptable forms of security or indemnity may consist of the following:
(a) A promissory note;

(b) An indemnity agreement;

(c) A real property mortgage in the name of the insurer;

(d) Any Uniform Commercial Code filing; or

(e) Any other type of security approved by the department. The department may approve other security only if, after considering the liquidity and other characteristics of the security, it determines that the security is of a type which increases the probability that the defendant will in fact appear in court or increases the probability that the defendant will be subsequently apprehended by the bail bond agent.

So, it appears should be able to secure the bond thru the Bondsmen and use the 12 USC 95a (2) security interest and reversion filed within the UCC as COLLATERAL for the BOND so ONE can go in and enter a PLEA of GUILTY TO THE FACTS and the BOND should AUTOMATICALLY DISCHARGE the matter.

TIP: for those of you that can not find the related statutes within "your" state, you can always use the FULL FAITH AND CREDIT CLAUSE of the US and State Constitutions. Get a certified copy from Florida and use the RULES OF EVIDENCE in "your" state statutes for MANDATORY JUDICIAL NOTICE to FORCE the issue with the BAIL BONDSMAN for he operate under a LICENSE, thus a PUBLIC OFFICAL WITH AN OATH and this is a DUTY UNDER THE LICENSE.


[Last edited Feb 05, 2016]
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.





LisaSharon said Jan 16, 2016
OK . . . . so one must have in hand: 1) a UCC filing that references 12 USC within it and 2) type a motion [mandatory] to the judge who heard the matter?
avatar
some_dude said Jan 16, 2016
not exactly ... use the attorney or the bail bondsman to present the UCC Filing into evidence as the security underwriting the bond for the case. Now, you are not a witness in your own cause.

I am thinking this is what happened with the mortgage on the main page of the site.

The ATTORNEY for the plaintiff entered the UCC Filing after finding it within the County Record and then contacted the Hospital. Then promptly withdrew the matter because the LIVE BIRTH RECORD is the INDEMNIFICATION and the UCC Filing CLAIMED the BC SECURITY INTEREST creating a BOND by way of OPERATION OF LAW (FL Stat 648.442(1)(d) or even 28 USC 3206 ... possibly BOTH) that caused the matter to be ACQUITTED with SATISFACTION AND ACCORD

Maybe use a FORM 56 and nominate the ATTORNEY/BAIL BONDSMAN as the FIDUCIARY? The STATUTE with an ACCEPTANCE OF OATH should BIND HIM because to NOT DO THIS would amount to him REJECTING both a FLORIDA STATUTE and a FEDERAL JUDICIAL CODE of which ATTORNEY/BAIL BONDSMAN took an oath via their LICENSE to uphold and defend and present matters before the courts of justice with truth and honor and never seek to mislead the judge or jury by any artifice or false statement of fact or law.
[Last edited Jan 16, 2016]
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.




LisaSharon said Jan 16, 2016
Got it. I will give them (JP and bail bondsman) the UCC filing that I have and they will file it as evidence into the case(s)




some_dude said Jan 16, 2016
do the same thing with the one handling the mortgages and the public defender
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.




some_dude said Jan 17, 2016
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0713/Sections/0713.24.html 

Ok, it appears there is an update. Above is the STATUTE governing BOND against LEINS AGAINST REAL PROPERTY.

Fl Stat 713.24 (1)(b) ... Upon making such deposit or filing such bond, the clerk shall make and record a certificate showing the transfer of the lien from the real property to the security and shall mail a copy thereof by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated therein. Upon filing the certificate of transfer, the real property shall thereupon be released from the lien claimed, and such lien shall be transferred to said security. In the absence of allegations of privity between the lienor and the owner, and subject to any order of the court increasing the amount required for the lien transfer deposit or bond, no other judgment or decree to pay money may be entered by the court against the owner...


Which means, the CHARGES against the PROPERTY (ie: HOUSE, BODY, CHILD ...etc) and now LEVIED against the SECURITY/BOND and the PROEPRTY is now RELEASED FROM LIEN.



Fl Stat 713.24 (3) Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited, or file a motion in a pending action to enforce a lien, for an order to require additional security, reduction of security, change or substitution of sureties, payment of discharge thereof, or any other matter affecting said security.

So, it appears that if the SECURITY/BOND is insufficient, the ONLY RECOURSE is to initiate a matter affecting the SECURITY/BOND, not the PROEPRTY.



And Since the UCC is filed to DEMONSTRATE OUR INTENT to fulfill delivery under 12 USC 95a (2) and has the UCC-3 Assignment, then the SECURITY/BOND should be MORE THAN SUFFICENT to achieve aquittance and discharge from further obligation AND indemnify ALL PARTIES.
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.