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Thursday, October 10, 2013

County Recorders Refusal Documentation.

If a county recorder refuses to record documents, here are some suggestions to try. Persistence is the key. Do not give in when they are breaking the law.

In some cases, many courthouses may not allow recording of our series of documents. Remember, your goal is to document your efforts and notices as evidence on public record. 

One strategy is to use http://www.americaspublicrecord.org/ orhttp://www.getnotice.info/ - to record most documents, then bring forward the referenced links to those document, in your final Affidavits recorded locally. Remember through, actual Deeds and Lien related docs and addendums which must be recorded locally to be in effect. 

At least an Affidavit (which is a summary of actions with dates and times), should also be recorded locally, to out all your lender correspondence possible on public record.
NOTE: Bring a witness and refer to the Affidavit below to document when court recorders potentially break the law, and try to defy your recording of your commerce related documents. It is also suggested to have a video camera rolling to document this as well (subject to local rules on such issues).
Record in a remote – Smaller/Friendly County First

Many counties are compelled to record any documents already recorded elsewhere on public record. Instead, you should first record documents in a more friendly, smaller county of your choice. Then bring forth certified copies of those docs to record in your local county. For example, Nevada’s Clark County has this rule:

NRS 247.215 Recordation of certified copy or abstract of document recorded in another state. A copy or abstract of a document once recorded or filed in any recording office of any state, certified by the county recorder or other appropriate officer in whose public office the document is recorded or filed, may be recorded in any county of this state when so recorded, the record thereof has the same force and effect as though it were of the original document.

Check on similar rules in your local courthouse well in advance of recording your documents, so you can prepare better.

NRS 247.215 Recordation of certified copy or abstract of document recorded in another state. A copy or abstract of a document once recorded or filed in any recording office of any state, certified by the county recorder or other appropriate officer in whose public office the document is recorded or filed, may be recorded in any county of this state when so recorded, the record thereof has the same force and effect as though it were of the original document.

Check on similar rules in your local courthouse well in advance of recording your documents, so you can prepare better.DELETE: Use one of these affidavits (with Notary acknowledgment OR witnesses) to record a series of documents. This can avoid the recorder’s resistance to recording unusual documents. Summarize the documents you first recorded in the registry (whichever one you used), then record this document in your local county. You will still need to record Deeds (Quit claim deed or Warranty Deed), Trustee replacements, re conveyance, etc on local records, though. Delete everything in RED and whatever else is not needed.

AFFIDAVIT OF RECORDING 
On this _______day of ____________, 20__, for the purpose of notification, I, the undersigned Secured Party Creditor located in the County of _______________ and State of _________________________________, do solemnly swear or affirm that _________________________________________ recorded this Affidavit of Recording in the above named County. This Affidavit verifies that the following documents listed below are recorded at the following web site for public viewing: 
http://www.americaspublicrecord.org/ or you link tohttp://www.getnotice.info/ DELETE: LIST WHATEVER YOU ARE RECORDING ON THIS REGISTRY HERE

1.

2.

3.

4.

______________________________ ____________________________ 
PRINTED NAME SIGNATURE 
************************************************************************
ACKNOWLEDGEMENT OF NOTARY 

STATE OF ___________________________ ) 
COUNTY OF _________________________ ) 
On this day, __________________________________, before me,_____________________________________________ ,Notary, personally appeared _____________________________________________, known to me (or proved to me on the basis of satisfactory evidence of identification) to be the living man whose name is subscribed upon this instrument and acknowledged to me that he executed the same in his authorized capacity; and by his signature on this instrument, ___________________________ has acted on behalf of the person who executed this instrument. 
Witnessed by my hand and official seal, 
_____________________________________________ SEAL 
My Commission Expires: _________________________

AFFIDAVIT OF RECORDING 
On this _______day of ____________, 20__, for the purpose of notification, I, the undersigned Secured Party Creditor located in the County of _______________ and State of _________________________________, do solemnly swear or affirm that _________________________________________ recorded this Affidavit of Recording in the above named County. This Affidavit verifies that the following documents listed below are recorded at the following web site for public viewing: 
http://www.americaspublicrecord.org/ or you link tohttp://www.getnotice.info/DELETE: LIST WHATEVER YOU ARE RECORDING ON THIS REGISTY HERE

1.

2.

3.

4.
DELETE RED NOTES: Actions to take if a Country Clerk refuses to record certain documents

You can read to them and hand a copy of this statement below, and inform them that they may be in violation of the law and are interfering with a contact execution and may be concealing public records. Their understanding at this point is now a contract of understanding. Bring a witness who sees you read and present this to them. Have that witness sign an affidavit statement something to the effect below. Prepare a brief cover letter with your contact information when mailing to them. Get up to 4 signatures or copies. Send to State Attorney General. 
Affidavit of Criminal Complaint

During the attempted recording of documents by ____________________________________, of _______________________________________, City ____________ State ____ Zip__________Phone# ________________________ 
I hereby by witnessed the following statement(s) were presented to the county clerk in the county of _________________ state of __________________ on this _____ date of ______________ 20___. While attempting to record certain contract documents (listed below), recording was refused.

Pursuant to Title 18 U.S.C., chapter 101 § 2071(b), “Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and shall be disqualified from holding any office under the United States.” After fifteen (15) calendar days, and you have not proven otherwise, you may not rebut this contract.
Indicate if these questions and responses were further asked:___Are you making a legal determination? Response _________________________________________If so, are you a judge? May I see your bar card? Response________________________________
___Do you have an oath of office? Do you understand that interfering with the execution of a contract which is a violation of your oath of office? _______________________________________________
Comments_________________________________________________________________________________________________________________________________________________________________
Documents being recorded this date (list):____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(additional comments, see addendum _____)I ___________________________________hereby witnessed during the attempted recording of certain contract documents that the clerk named _________________________________ and/or their supervisor _______________________________ did willfully refuse to record certain required contract evidence. 
Mailed by certified mail #________________________ and # ________________________ Copy to Sheriffs office for investigation and State Attorney General, and copy to recorder’s office. 
________ (witness initial) Page 1 of 2
Affidavit of Criminal Complaint

JURAT

X_______________________________ ________________, 20___ Witness
State of __________________________)
) ss
County of ________________________)

The above named Affiant appeared before me, a Notary, subscribed, sworn
under oath this ___________ day of ________________, 20____

x_______________________________
Notary 
My commission expires: ___________ seal

DELETE: May be filed with county Sheriff, city attorney, secretary of state and attorney general once complete. Give all parties copies and keep one yourself. For financial solutions for Mortgage, I.R.S. and Student Loans Visit http://www.newfreehelpgroup.com/
I would like to invite you to join my new Face Book group Moorish American Men and Women.
By Tarhaka Amaana El Bey

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