YOUR NAME
ADDRESS
CITY STATE ZIP
To: Original Lender
Address
City, State ZIP
Date:
The undersigned, «True_Name», hereinafter “Affiant”, does hereby certify and declare that Affiant is competent to testify and state the matters set forth herein and is willing to testify with first-hand knowledge, all contents herein are true, correct, and complete in accordance with Affiant’s first-hand personal knowledge. Affiant is of sound mind, and over the age of twenty-one. Affiant reserves all rights. Affiant knowingly and willingly affirms:
1. Affiant is the person making this Affidavit.
2. ORIGINAL LENDER NAME, hereinafter “Lender”, is engaged in the business of taking deposits making loans.
3. Affiant is the sole legal and absolute owner, maker, or issuer of the estate and any asset(s) or property (ies) regarding the estate and Affiant has never assigned, transferred, nominated any of Affiant’s right, title, or interest to any others.
4. Affiant has no knowledge of nor has Lender ever revealed or disclosed to Affiant any trust relationship or creation of any trust or any other(s) regarding alleged account # _____________ or the Mortgage/Deed of Trust.
5. Affiant never intended to agree to or consented to any trust relationship or creation of trust between Lender and Affiant.
6. Affiant never knew of nor agreed nor consented to Lender or any others granting authority and becoming a trustee, agent, or having agency over any of Affiant’s property.
7. Affiant understood Affiant was obtaining Lender’s capital and not obtaining credit or a line of credit nor an open-end nor closed end of any form of credit.
8. Lender advanced credit to Affiant thus inducing Affiant into believing said advancement was from Lender’s funds.
9. Affiant was induced by Lender into believing the Lender’s capital was the only funding source of the alleged transaction.
10. Lender actions to date prevent full disclosure to Affiant denying Affiant an opportunity to make a fully informed decision with regard to this alleged transaction.
11. The lender never disclosed any documented fact that Lender purchased Affiants alleged obligation thereby allegedly obligating Affiant to Lender.
12. The lender never produced or offered for signature, a binding bill of sale for ownership of Affiant’s monetary interests.
13. Lender induced Affiant into believing Lender’s capital was the sole source of funding regarding alleged account # ________________.
14. The lender is knowingly and willfully engaging in the collection of an extension of credit while inducing Affiant into believing Affiant is repaying Lender’s own capital.
15. The lender is using extortionate enforcement of payment without clear and full disclosure of the foundation to Affiant.
16. Lender is intentionally concealing and withholding material facts regarding any trust or the creation of any trust in re alleged Mortgage/Deed of Trust connected to alleged account # ____________________.
17. The lender is intentionally concealing and withholding material facts regarding any trustee or beneficiary, designated, nominated, appointed, or assigned by Affiant.
18. The lender is willfully withholding or concealing full disclosure of all material facts to Affiant.
19. The lender is using undue influence upon Affiant to retain domination over the Affiants will to obtain the rights and property of Affiant without Affiant’s complete knowledge and intentional consent or agreement.
20. Lender’s action(s) exceed persuasion under duress by restraining and injuring Affiant’s will, property, and rights without the consent, agreement, and knowledge of Affiant.
Any man or woman having first hand knowledge of all the facts asserted herein having power and authority to rebut this affidavit must rebut each and every point separately with the rebutting party’s own signature and endorsement notarized, under the penalty of perjury and willing to testify, and executed as true, correct, and complete with positive proof attached. Absent positive proof any rebuttal shall be deemed null and void having no force or effect, thereby waiving any of Lender’s immunities or defenses.
Any rebuttal shall be mailed to the undersigned and the Notary address within ten (10) calendar days of Lender’s receipt of this affidavit.
When a rebuttal is not received by both the Affiant and the Notary within 10 days this entire Affidavit and default provisions shall be deemed true and correct.
Lender further agrees and consents to this administrative notice and default under this affidavit as clear and convincing evidence and proof of the facts asserted herein:
1. The lender agrees to a Deed of release or release of Mortgage.
2. The lender agrees to set aside any Mortgage/Deed of Trust.
3. The lender agrees that each point in this affidavit shall constitute a single claim against the Lender’s bond(s) for each point not specifically rebutted by Lender.
4. Lender agrees to release any information, rather private or otherwise, to Affiant about any of Lender’s agents or representatives Employee Dishonesty Bond, Directors and Officers Policy Bond, or any other liability bond(s), including the insurance or bond company name, bond company information, bond enforcement information, or any other of Lender’s bond information Affiant requests.
5. Lender hereby obligates and guarantees Lender’s bond(s) to secure the performance of non-rebuttal of this affidavit to Affiant for any unfaithful performance of fiduciary duties, financial loss, or damages sustained by Affiant in connection to any breach of contract or this affidavit. Any amount is not limited by the value of any property or costs incurred by Affiant in seeking remedy for Lender’s breach.
6. Lender shall further agree that once or if Lender’s bond(s) expire, terminate or do not equal the total amount due Affiant, Lender’s President, Directors, and any of Lender’s agents and representatives shall become individually liable for any difference due Affiant.
7. Lender obligates and guarantees the Lender’s current or future bond(s) to discharge any allegations against Affiant.
8. Lender immediately grants to Affiant the unconditional right of rescission regarding alleged account # _________________ and any security interest attached thereto.
9. The lender agrees to the filing of a UCC-3 deleting the alleged mortgage/deed of trust in any public record.
10. The lender agrees to the filing of a UCC-5 Correction in any public registry to correct the inaccurate, unlawful or illegal mortgage/deed of trust in any public record.
11. The lender agrees this affidavit shall be used as first-party evidence or positive proof in any remedy sought by Affiant.
12. Lender shall return any money or property of Affiant including but not limited to any original documentation, including but not limited by, any Notes, securities, assets, applications, transfers, blotters, book entries, assignments, and security interests to Affiants address stated herein.
13. Lender waives all rights to adjudicate the alleged agreement referenced herein.
14. Lender’s president and any directors waive all immunities regarding any future actions sought by Affiant.
15. Lender shall immediately terminate any security interest and certify to Affiant the termination within 10 days.
16. The lender is barred from any alleged right, title, or interest in any alleged account, note, monetary instrument, asset, or Mortgage/Deed of Trust regarding Affiant.
17. Any alleged trustee or successor of Lender is hereinafter completely removed and disqualified as trustee, agent, or successor by Affiant.
18. Lender and any of Lender’s assigns or nominees are estopped henceforth from any action against any of Affiant’s rights or property.
19. Lender abandons all right of entry, possession, judgment, assignment or notice regarding Affiant or Affiant’s property.
20. Lender abandons the right of any alleged waiver or estoppel.
21. Lender hereinafter discharges any alleged Mortgage/Deed of Trust or any alleged debt.
22. The lender agrees that Lender is in violation of the Statute of Frauds.
23. All relationships between Lender and Affiant are null and void.
24. The lender agrees that Lender has breached the oral trust relationship with Affiant.
25. The lender agrees that Lender has employed the extortionate extension of credit with regard to Affiant.
26. The lender agrees that Lender is hereby removed and disqualified as trustee(s) pursuant to:
a. Conflict of interest
b. Concealment
c. Breach of fiduciary responsibility (ies).
d. Fraud.
_______________________
YOUR NAME
NOTARY/JURAT
On this ____ day of _________, 20__, _________came before me, the Notary herein and under oath, attested and affirmed the signature as true, complete, and correct on the foregoing affidavit. I, the Notary, personally witnessed the Affiant swore under oath or penalty of perjury that the contents of this Affidavit are true, accurate, and complete. The Affiant also acknowledged the signing thereof to be of his/her own voluntary act and deed.
State of _____________ )
)
County of ___________ )
Signed this day________________, of____________________, ______________ at
_______________________________________.
My commission expires on: ________________________
By_________________________ seal:___________________
PROOF OF SERVICE
I, the undersigned do hereby certify that on this ____ day of ________, 20__, that I did serve upon the LENDER, a true and correct copy of the foregoing Affidavit to their address as stated below using United States Postal Service Certified mail numbered ___________________________.
LENDER
ADDRESS
CITY, STATE ZIP
By:___________________________
