Privacy Act and Truth in Lending Act Request Also An Affidavit and Plain Statement of Facts
Privacy Act and Truth in Lending Act Request Also An Affidavit and Plain Statement of Facts
This presentment comprises my “Official Notice of Facts, Demand for Answers and
Disclosure of Information” and an administrative remedy under notary and/or witness
presentment, for Affiant and/or JOHN P. JONES. This is an offer for MARK C OMAN, Group
Exec. V.P., or heirs/assigns for (ALL CAPS NAME of your mortgage company. This is usually
the one you made the last payment to. It is usually not the one trying to foreclose) WELLS
FARGO HOME MORTAGE, in honor, to make full disclosure under The Truth In Lending Act
15 U.S.C. §1601, Privacy Act Title 5 U.S.C. § 552(b)(4), and Title 12 U.S.C. § 2605 the
requirement of a lender to respond and act to a borrower’s request for disclosure and information
regarding a purported debt. It is presented with peaceful intentions expressly for your benefit to
provide you with due process and opportunity to make full disclosure under penalty of perjury.
Nothing herein shall be deemed or intended to harass, intimidate, cause alarm, offense, fear or
impede public procedures, and any such assumption is deemed a billable impairment of my
claim.
NOTICE: Your failure to respond may result in acceptance of joint and
several liability. Affiant sees no evidence to the contrary.
The undersigned, john-paul of the family jones, is hereafter referred to as Affiant. Affiant
is the Authorized Representative and Secured Party Creditor of and for JOHN P JONES. Affiant
hereby states that he is of legal age and competent to state on belief and personal knowledge that
the facts set forth herein as duly noted below are true, correct, complete, and presented in good
faith regarding the account listed as JOHN P JONES No. 123456 with WELLS FARGO HOME
MORTGAGE. This Affidavit concerns (Here you list the one or everyone involved with
foreclosure, past mortgage companies, that have given you notice regarding your mortgage)
WELLS FARGO HOME MORTGAGE, WELLS FARGO HOME MORTGAGE d/b/a
AMERICA'S SERVICING COMPANY, DEUTSCHE BANK, GREENTREE MORTGAGE, JP
MORGAN CHASE MORTGAGE, BANK OF AMERICA MORTGAGE, and/or MORTGAGE
Deed of Trust, and or note have deceptive meaning clauses like cognovit note, waive the rights of
presentment, confession of judgment, waiver of presentment,” and/or other Granting Clauses that
give power of sale without the right to rebut to any multiple number of banks and/or mortgage
companies and as such are failure to disclose. These words of art “legalese” hereafter referred to
as "cognovit," are fraudulently being used to “block my right to protest in the courts or back door
non-judicial judgment to assert, presume, and/or prove that my right to rebut and/or litigate is
waived. This was not fully disclosed and as such is a violation of The Truth In Lending Act 15
U.S.C. §1601, Privacy Act Title 5 U.S.C. § 552(b)(4), and Title 12 U.S.C. § 2605 and therefore,
makes ANY waiver of my ability to dispute a foreclosure void. See: D. H. Overmyer Co. Inc., of
(4) the cognovit is a product of negotiations carried on by parties with the advice of
(5) the maker, despite cognovit, is not defenseless under state law.”
I hereby claim all five (5) elements are required for a cognovit clause to be valid in
Arkansas. I have been purposely violated by YOU and/or any of YOU to deprive me of my Civil
I allege YOU singularly and/or collectively violated provisions of the Fair Credit
Reporting Act (FCRA), 15 U.S.C. § 1640, 1666 and 1681, by wrongfully, improperly and
resulting in my having negative information on my credit reports and the lowering of my Fair
Isaac Corporation (FICO) score. I hereby dispute any debt and demand YOU to change any
and all negative information reported to Credit Reporting Agencies or YOU will be in violation
of The Truth In Lending Act 15 U.S.C. §1601, Privacy Act Title 5 U.S.C. § 552(b)(4), and Title
12 U.S.C. § 2605.
I hereby question the authenticity of ALL dates and/or ALL signatures by ALL parties on
“titles,” affidavits, and/or the like, including without limitations the dates and/or signatures by
notary publics, officers, employees, and any and ALL parties attesting to any and ALL claims,
I disavow any and ALL implied and/or conferred and/or inferred “understanding” of
“legalese” terms now and at the time of the “signing” of any and ALL of the documents
Recoupment – (1) The recovery or regaining of expenses Applying the setoff so you
can get back what you gave and what you are entitled to. (2) The withholding for the equitable
part or all of something that is due. This is all equitable action in admiralty style instruments.
I allege, YOU are required to file an FR 2046. This is a balance sheet. Under 12 U.S.C.
§§248 and 347, YOU are required to file a balance sheet. YOU are required to do so quarterly
or on a weekly basis. YOU file these balance sheets with the Federal Reserve Board (FRB).
The balance sheet shows the assets and liabilities that YOU use in the accounting. YOUR liability
filed on OMB forms in which the public has a right to disclosure under the Privacy Act. If
YOU shift the assets off the books, YOU have to report to the FRB where it went, so you and
they can follow it. YOU are mandated to give a cash receipt on any deposit and have failed to
provide me with my cash receipt. The deposit of my promissory note was made to a demand
deposit account. YOU are required to show it on YOUR books, but YOU are not doing that.
YOU are doing an offset entry. I am going to subpoena the auditor if necessary to prove same.
Auditors keep track of where the assets went. Under Title 12 USC 1813(L)(1) when I
a promissory note, it becomes a cash item and they are required to give me a cash receipt.
YOU owe me that money under a recoupment or asset. If I take the receipt back, YOU should
give me some money. You call it an offset in accounting, but in the Uniform Commercial
Code (U.C.C.) it is called a recoupment. Under U.C.C. 3-306, there cannot be a holder in
due course on a promissory note after YOU deposit it. YOU do an off balance sheet entry.
This means YOU take my note after YOU sell it, instead of showing it on YOUR balance sheet,
YOU move it over to some other entities’ balance sheet. It is no longer on YOUR books. This
is called off balance sheet bookkeeping under FAS 125 securitization accounting, FAS 140
Offsetting of financial assets and liabilities, FAS 133 derivatives on hedge accounts, FAS 5,
and FAS 95. These are the resource materials for understanding this process. The note is not
under a negotiable instrument any more; it is a security. All banks and subsidiary mortgage
companies follow these standards. YOU set up G.A.A.P., Generally Accepted Accounting
Principles. YOU are mandated by Title 12 U.S.C. to follow G.A.A.P. and G.A.A.S. YOU have
a local FASB and an international IFASB. They also cover derivatives. FAS 140 relates to
closing. I am demanding recoupment settlement and closure. Once I, the creator of the
promissory note have signed it and others are using it, recoupment means I want my property
back or have the account set off. Recoupment in practice is a counterclaim in a civil
procedure. I am the creditor on the liability side or the accounts payable. YOU must use my
accounts payable as an offset or counterclaim to the financial asset side that is the
receivable. Under FAS 140, I am entitled to my setoff. When I make a deposit, it is a cash
receipt, cash proceed. Everything becomes a cash proceed in commercial law under Article 9
and YOU show it as a cash proceed. YOU must give me a credit to my account that is actually
a cash receipt to me, the customer and/or the purported borrower. Then YOU do a cash
payment to the bank. The bank sells the note. They do a Home Equity Line Of Credit (HELOC)
and sell it to warehouse lending institutions. Under civil rule 13, I hereby bring a mandatory
counterclaim and demand copies of the S3 registration statement, the form YOU filed that
shows YOU sold the note that is a transfer, the 424(b)(5) prospectus, the balance sheets, FR
2046, 2049, and 2099s, that have OMB numbers on them and are subject to disclosure under
the Privacy Act, Title 5 U.S.C. § 552(b)(4). Should you fail to make disclosure you will be in
violation of TILA 15 U.S.C. § 1601, Privacy Act Title 5 U.S.C. § 552(b)(4), Fair Debt
8. I hereby, dispute any debt and demand YOU to change any negative
information reported to Credit Reporting Agencies or YOU will be in violation of TILA
15 U.S.C. §1601, Privacy Act Title 5 U.S.C. § 552(b)(4), and Title 12 U.S.C. § 2605
Should YOU come out with an affidavit of a lost note or destroyed instrument
remember; Under U.C.C. §3-309 you have to show four elements to claim a lost instrument:
As with any administrative process, MARK C OMAN, Et al. may controvert the
statements and/or claims made by Affiant by executing and delivering a verified response point
by point, in affidavit form, sworn and attested to under penalty of perjury, signed by Libellee or
other officer of the corporation with evidence in support by Registered Mail to Notary or Witness
Acceptor. Answers by any other means are considered a non-response and will be treated as a
non-response.
MARK C OMAN, Et al., may agree and admit to all statements and claims made by
Affiant by TACIT PROCURATION by simply remaining silent.
MARK C OMAN, Et al., may additionally be subject to postal statutes and the
jurisdiction of the Universal Postal Union.
COMPANY fails to respond, they individually and collectively admit the statements and claims
by TACIT PROCURATION, all issues are deemed settled RES JUDICATA, STARE DECISIS
and COLLATERAL ESTOPPEL. MARK C OMAN, Et al., may not argue, controvert, or
otherwise protest the finality of the administrative findings in any subsequent process, whether
administrative or judicial. (See, Black’s Law Dictionary 6th Ed. For any terms you do not
“understand”). Furthermore, you have not produced the “GENUINE” Mortgage and NOTE to
provide proof of a claim wherein relief may be granted, as required by Ark. and F. R. Civ. P. Rule
12 (b)(6). Your failure to completely answer and respond will result in your agreeing not to
argue, controvert, or otherwise protest the finality of the administrative findings in any process,
Certificate of Non Response in YOUR violation of TILA 15 U.S.C. §1601, Privacy Act Title 5
U.S.C. § 552(b)(4), and Title 12 U.S.C. § 2605 Should YOU fail to respond, provide partial,
unsworn, or incomplete answers, they are not acceptable by me or any court of law. See, Sieb's
Hatcheries, Inc. v. Lindley, 13 F.R.D. 113 (1952)., “Defendant(s) made no request for an
extension of time in which to answer the request for admission of facts and filed only an
unsworn response within the time permitted,” thus, under the specific provisions of Ark. and
Fed. R. Civ. P. 36, the facts in question were deemed admitted as true. Failure to answer is well
established in the court. Beasley v. U. S., 81 F. Supp. 518 (1948)., “I, therefore, hold that the
MARK C OMAN, Et al., is granted twenty (20) days to respond to the statements and
claims herein and/or provide RELIEF/REMEDY included herein. This is an opportunity for
MARK C OMAN, Et al., to answer The Truth In Lending Act 15 U.S.C. §1601, Privacy Act Title
5 U.S.C. § 552(b)(4), and Title 12 U.S.C. § 2605 requirement of lender to answer inquiries of
debtor under signature, social security number (for proof of identification) and under penalty of
perjury. In the event you default and fail to properly respond to all questions, allegations, and
produce required documentation, including return of the Genuine Note, Deed/Deed of Trust, I
have included the below true bill for you to honor in lieu of answering my questions.
Affiant and/or JOHN P JONES is entitled to return of all funds paid by Affiant and/or
JOHN P JONES for nineteen years October 1990 through 2009, including maintenance, upkeep,
and improvements, the security called a promissory note or equal value where Affiant and/or
JOHN P JONES remitted monthly payments, plus all late fees and interest fraudulently charged,
and $75.00 per hour for all time spent on all letters to MARK C OMAN, Et al., personnel and
“Acceptance for Value” paperwork (delete Accepted for value reference if not applicable)
through January 1, 2010.
COMPUTED AS FOLLOWS
$ 46,550.00 Fund equivalent for Original Mortgage Note not returned. Value of
Promissory Note (Mortgage Value) and down payment.
$ 711,058.50 Sum Certain of Actual Cost Funds times three: First Rights Violation
Compensation Multiplier ($237,091.50 x 3)
$ 1,896,732.00 Sum Certain of Actual Cost Funds times eight: Second Rights
Violation Compensation Multiplier ($237,091.50 x 8)
“Deadline” is defined as 5:00 p.m. on the twentieth (20th) day after your receipt of this
affidavit as shown on the return receipt PS Form 3811 and/or confirmation of electronic
signature from the U.S. Postal Service.
A notary public has been used as a courtesy disclosure of United States admissions to
prevent injury to corporations, persons, legal fictions, etc. Such usage and the use of corporate
codes, statutes, citations, case rulings or other private corporate regulations is coincidental and
does not and shall not be deemed an election to submit to a foreign jurisdiction or consent, real,
imagined or implied, to waive any rights, ownership, title, claim, or defenses.
County of County )
) Commercial Oath and Verification
The State of State )
I, JOHN P JONES, under my unlimited liability and Commercial Oath proceeding in good faith
being of sound mind states that the facts contained herein are true, correct, complete and not
misleading to the best of Affiant's knowledge and belief under penalty of International
Commercial Law and state this to be his Affidavit of Truth regarding same signed and sealed this
_______ day of _____________ in the year of Our Lord two thousand and ten:
JOHN P JONES
JOHN P JONES Authorized signature By: UCC 3-402 (b)(1)
By: _______________________________________
john-paul (family) jones, Auth. Rep., Affiant, Real Flesh and Blood man, and Secured Party Creditor,
SUBSCRIBED SWORN, AND AFFIRMED BEFORE ME, a Notary Public, on this _________
day of ______________________, 2010, by _________________________________, proved
to me on the basis of satisfactory evidence to be the man who appeared before me.