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Privacy Act and Truth in Lending Act Request Also An Affidavit and Plain Statement of Facts

This document is an affidavit and request for information from Wells Fargo Home Mortgage regarding a mortgage. It alleges that Wells Fargo is not the true creditor in the matter and has committed fraud. It requests that Wells Fargo disclose whether it is the creditor or debt collector and to cease collection activities if not the creditor. It makes 18 allegations against Wells Fargo, including that they destroyed the original note, are buying and selling fraudulent securities, and caused financial and emotional damages through their actions.

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Netjer Lexx TV
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100% found this document useful (11 votes)
1K views

Privacy Act and Truth in Lending Act Request Also An Affidavit and Plain Statement of Facts

This document is an affidavit and request for information from Wells Fargo Home Mortgage regarding a mortgage. It alleges that Wells Fargo is not the true creditor in the matter and has committed fraud. It requests that Wells Fargo disclose whether it is the creditor or debt collector and to cease collection activities if not the creditor. It makes 18 allegations against Wells Fargo, including that they destroyed the original note, are buying and selling fraudulent securities, and caused financial and emotional damages through their actions.

Uploaded by

Netjer Lexx TV
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
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PRIVACY ACT and TRUTH IN LENDING ACT REQUEST

Also an AFFIDAVIT and PLAIN STATEMENT OF FACTS

STATE OF XXXX ) NOTICE TO AGENT IS NOTICE TO PRINCIPAL


) SS
COUNTY OF XXX ) NOTICE TO PRINCIPAL IS NOTICE TO AGENT

ADMINISTRATIVE REMEDY PROCEDURE – PLEASE READ CAREFULLY

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

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 1


ELECTRONIC REGISTRATION SYSTEMS a/k/a MERS (if appropriate list any legal firm
and/or Trustee) LAW OFFICE OF DAVID J. STERN, P.A. and their attempt to foreclose, notice
of delinquency and/or sale on the home of Affiant and/or JOHN P JONES located at 205 Kellogg
Street, anywhere, AR 72222.
It is now incumbent on YOU, my purported original lending institution , successor
in ownership, and/or loan servicer, HEREAFTER, referred to as YOU, YOUR, and/or
MARK C OMAN, Et al. 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 must explain your and my lawful position
regarding my purported Mortgage Loan. If you refuse to stipulate that the loan originator
and/or you by successor in ownership, or the Corporation for whom you purport to be the
owner of my Mortgage, and you as servicer of the purported Mortgage loan are NOT the
CREDITOR of my “Original Mortgage Loan,” successor in ownership, and/or loan
servicer, YOU must cease any and all collection activity and surrender or make notice to
the purported owner whom you allegedly represent; YOU must return the Deed and/or
Deed of Trust, and (See Black’s Law Dictionary 6th Ed. “Genuine”) NOTE to me and
make restitution and remedy. This is a valid request 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 between a CREDITOR and a DEBTOR.
Accordingly, if YOU, my purported lending institution, successor in ownership,
and/or loan servicer are not the CREDITOR in this Matter, then YOU have thus
stipulated that I MUST be the CREDITOR in this matter.
YOU, cannot be the CREDITOR in this instant matter because YOU and/or any
of YOU NEVER risked any assets, nor are any of YOU holding any assets.
A CREDITOR cannot be a CREDITOR if they don’t hold the asset in question,
[i.e.: the NOTE and/or the property; and Mortgage Pass-through Trusts, i.e.
R.E.M.I.C., as defined in Title 26, Subtitle A, Chapter 1 Subchapter M, Part II, §§ 850-
862] cannot hold assets for if they do their tax exempt status is violated and the Trust
itself is void ab initio.

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 2


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 you MUST NOW inform me, the I.R.S. and the S.E.C. of
YOUR and whom you purport to service the loan for as to YOUR and their status of
either being a CREDITOR and/or not being a CREDITOR.
You, my purported lending institution, successor in ownership, and/or loan
servicer have committed acts of fraud upon me, and the public in general, and are the
single cause of this paradox and absent YOU stating the claim as CREDITOR or “true”
representative of the CREDITOR cannot claim a debt or collection thereof.
MY ALLEGATIONS and/or CLAIMS:
1. I am the CREDITOR in this matter.
2. YOU are the DEBTOR in this matter.
3. YOU are not the CREDITOR, or an ASSIGNEE of the CREDITOR, in this
instant matter.
4. I am NOT the DEBTOR in this matter.
5. YOU are not the Real Party in Interest in this instant matter.
6. YOU and/or any of YOU did NOT put their assets at risk in this instant matter.
7. YOU and/or any of YOU may have only “lent debt/credit” in this instant matter.
8. YOU and/or any of YOU co-mingle definitions to confuse and/or mislead the
“Borrower” in addressing the distinct products of a mortgage. Specifically the
two separate documents are “MORTGAGE” and “NOTE.” Some references
refer to the MORTGAGE as Mortgage, Mortgage Agreement, Agreement,
Mortgage Contract, Deed of Trust, Security Deed and Contract herein Affiant
refers to the “MORTGAGE’ as Mortgage or Contract. The “NOTE” is referred
to as Note, Mortgage Note, Deed of Trust Note, and Promissory Note, herein the
Affiant refers to the “NOTE” as Note or Promissory Note.
9. YOU and/or any of YOU purposely destroyed the “GENUINE” ORIGINAL
NOTE to “securitize” a new and Fraudulent NOTE.
10. YOU and/or any of YOU are calling the NOTE, PROMISSORY NOTE, and/or
DEED OF TRUST NOTE a NOTE when in reality the NOTE is a security by
“true” definition (See 15 U.S.C. §78c 10).

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 3


11. YOU and/or any of YOU as such, are buying, selling and/or trading NOTEs as
fraudulent securities.
12. YOU and/or any of YOU use “legalese” in the mortgage documents as a means
of stripping the “Borrower’s” right to defense, converting Real Property from its
true owner to YOU and/or any of YOU and such is a criminal act of “conversion
through fraudulent means” and, therefore, the mortgage documents are evidence
of a criminal act(s) and cannot be used as such, used by the YOU in this instant
matter. (See: Black’s Law Dictionary 6th Ed. “Understand”)
13. The United States has a primary mortgage Right and/or status on the real
property in question and such CANNOT be circumvented by YOU and/or any of
YOU in fraudulent and unlawful mortgage process and documents.
14. YOU and/or any of YOU have been paid in full for the “contract” in question.
15. YOU and/or any of YOU will fail to join “all indispensable parties” as such
joinder would be prima facie evidence of YOU and/or any of YOU fraudulent
acts of securitizing the “NOTE.”
16. YOU and/or any of YOU are involved in the securitization of the “Promissory
Note” and are indispensable parties to this action and MUST be joined as one in
any rebuttal, response, reply, answer, and/or the like by YOU or any of YOU.
17. YOU and/or any of YOU are using a corporate entity and/or TRUST in
furtherance of fraudulent act(s).
17. YOU and/or any of YOU have no immunity for their fraudulent act(s).
18. YOU and/or any of YOU are joint and several responsible for ALL of my losses,
cost fees, and/or damages; including without limitations, emotional damages,
punitive damages, inclusive of but not limited to: alienation of affection from:
spouse, boy and/or girl “friend”, friends, children, pets, co-worker(s), client(s),
customer(s), and any and all other parties effected directly and or indirectly
and/or collaterally even if caused by my inability to deal emotionally with the
financial issues; as said issues are and have been caused by YOU and/or any of
YOU committing fraudulent act(s).

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 4


I allege through deceptive practice and without “full disclosure” the Mortgage agreement,

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

Ohio Et al., v. Frick Co., 405 U.S. 174 (1972).,

“A maker of a confession of judgment voluntarily, intelligently, and knowingly waives


due-process rights it otherwise possesses to prejudgment notice and hearing, and does so
with full awareness of the legal consequences, when:
(1) the cognovit does not involve unequal bargaining power or overreaching;
(2) the agreement is not a contract of adhesion;

(3) the cognovit provision is obtained for adequate consideration;

(4) the cognovit is a product of negotiations carried on by parties with the advice of

competent counsel; and

(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

Rights under color of state and Federal law.

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

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 5


illegally reporting negative information as to me to one or more Credit Reporting Agencies,

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

ALL documents, including without limitations, notarized documents, “contracts,” “deeds,”

“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,

facts, accounting, transfers, recordings, publications, and/or the like, etc.

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

pertaining to the purported Mortgage.

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.

Black’s Law Dictionary:


IOU – a memorandum acknowledging a debt. See also a due bill.
DUE BILL – See IOU
SIGHT DRAFT – A draft that is due on the bearers demand; or on proper presentment to
the drawer. Also termed a demand draft. A draft is an unconditional order signed by one
person, the drawer directing another person, the drawee, to pay a certain sum of money
on demand or at a definite time to a person, the payee, or to bearer.

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

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 6


is my promissory note. It is YOUR liability because it is an asset to me. These reports are

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

give/deposit a bank/mortgage company or the subsequent supposed loan owner obtains

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

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 7


U.C.C. §§ 3-305, 306. If YOU do not know how to do offsets, refer to FAS 133 for settling and

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

Collections Practices Act 15 U.S.C. § 1692, and Title 12 U.S.C. § 2605.

Should you ACQUIESCE I demand the following RELIEF/REMEDY:  

1.   Return the GENUINE ORIGINAL PROMISSORY


NOTE and ALL MONEY PAID [by me to all of YOU, with a full disclosure of
accounting of such including FR 2046s] to me forthwith; 
                   
2.   If YOU are not able to return the GENUINE ORIGINAL
PROMISSORY NOTE to me forthwith then YOU are therefore admitting to YOUR
unlawful attempt to convert real property without cause and/or right and payment.
Immediately remit a check or other negotiable instrument to me for eleven times all
AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 8
monies expended in maintenance, upkeep and remittances to YOU individually and/or
collectively plus original down payment and value of the NOTE as damages;

3. YOU individually present to me an Affidavit stipulating that YOU singular


and collectively have NO RIGHT to the real property in question.

4. YOU return the DEED/DEED OF TRUST and all other documents


pertaining to ownership of the real property in question to me;
           
5. If YOU singular and collectively do not STATE THE CLAIM UNDER
PENALTY OF PERJURY that YOU singularly and/or collectively are the CREDITOR
in this instant matter, YOU singularly and/or collectively agree to accept Judgment by
Default in favor of me;
 
6. If YOU singularly and/or collectively do STATE THE CLAIM UNDER
PENALTY OF PERJURY that singularly and/or collectively YOU are the CREDITOR
in this instant matter, YOU singularly and collectively agree to deliver acknowledgement
of such forthwith to the S.E.C. and the I.R.S.

7. Under civil rule 13, I hereby bring a mandatory counterclaim! Provide


me recoupment under U.C.C. § 3-305. I make claim under U.C.C. § 3-306, I have a
possessory NOTE and property claim against the cash proceeds under the liability side of
YOUR ledger. YOU call it an offset in accounting, but in the U.C.C. it is called a
recoupment. Send me remittance for that balance and provide complete accounting of
the FR 2046s.

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:

1)you were in possession at the time it was lost;


2)you have the right of enforcement of the note;
3)you have to show that the obligor on the note is indemnified by you against and future claims;
4)the loss was not due to a transfer.
Production of the mandatory disclosure OMB forms will disprove the allusion that
YOU have lost the NOTE. In Lambert v. Firstar Bank, 83 Ark. App. 259, 127 S.W. 3d 523
(2003), complying with the Statutory Foreclosure Act does not insulate a financial institution
AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 9
from liability and does not prevent a party from timely asserting any claims or defenses it may
have concerning a mortgage foreclosure A.C.A. §18-50-116(d)(2) and violates the honest
services clause of Title 18. As such, failure to make full disclosure and restitution within twenty
days creates joint and several liability for YOU (and you personally) and YOUR company.

ADMINISTRATIVE REMEDY PROCEDURE

Affiant and/and or JOHN P JONES, by Restricted Appearance, is hereby


exhausting his administrative remedy within the Admiralty and or Equity by providing
Notice of same to MARK C OMAN, Et al.

As an operation of law, Affiant and/or JOHN P JONES is required to exhaust his


administrative remedy. The Administrative Remedy within the admiralty document is mailed as
identified in the Notary or Witness Affidavit of Service.

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.

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 10


ESTOPPEL BY ACQUIESCENCE:

In the event MARK C OMAN and/or, JOHN/JANE DOE, Officer, Employee, or

Associate with/of WELLS FARGO HOME MORTGAGE and/or AMERICA'S SERVICING

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,

whether administrative or judicial as certified by Notary or Witness Acceptor in an Affidavit

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

requests will be considered as having been admitted.”

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 11


Any action(s), by MARK C OMAN, Et al., in any court or other forum, undertaken
against Affiant, outside this Administrative Remedy by MARK C OMAN, Et al., is a trespass
against Affiant and will result in an increase in the amount of the True Bill of ten (10) times the
original amount and will continue to increase in the multiple of ten (10) for each and any
additional trespasses.

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.

ACCOUNTING AND TRUE BILL

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

$ 100,776.00 Refund due Affiant and/or JOHN P JONES 19 years x monthly


payment average (19 x $530.32 = $100,776.00).

$ 46,550.00 Fund equivalent for Original Mortgage Note not returned. Value of
Promissory Note (Mortgage Value) and down payment.

$ 6, 3275.50 $75.00/hour X 82.5 hr. spent on documents presented by Affiant


plus postage and Notary and/or Witness Fees $140.00

$ 1,200.00 Maintenance Costs nine trees removed


$ 1,500.00 Maintenance Costs Paint House Interior
$ 1,200.00 Maintenance Costs Paint House Exterior
$ 2,100.00 Maintenance Costs New Fence
$ 1,580.00 Maintenance Costs Extend Driveway

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 12


$ 2,450.00 Maintenance Costs Roof House Twice
$ 680.00 Maintenance Costs Add a Patio Roof
$ 580.00 Maintenance Costs to preserve Asset; Alarm System
$ 15,200.00 Maintenance Costs Misc. Maintenance and Lawn Care 19 Years
$ 237,091.50 Sum Certain of Actual Cost Funds (total of all the above costs)

CONVERSION FOR UNAUTHORIZED ACTS COMPUTED AS FOLLOWS

$ 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)

TOTAL Including Rights Violations


$ 1,896,732.00 as of January 1, 2010

“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.

“Failure to respond” is defined as a blank denial, unsupported denial, inapposite denial,


such as, “not applicable” or equivalent, statements of counsel and other declarations by third
parties that lack first-hand knowledge of the facts, and/or responses lacking verification, all such
responses being legally insufficient to controvert the verified statements herewith. See Sieb's
Hatcheries, Inc and Beasley, Supra. Failure to respond can result in your acceptance of
personal liability external to qualified immunity and waiver of any decision rights of remedy.

Completion of this process will result in administrative judgment certifying that


administrative remedy has been exhausted and will comprise agreement to estoppels of all
further action pursuant to the said settlement.

REMEDY: Mail to Affiant’s mailing location exactly as shown below:

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.

All Rights Reserved, Without Prejudice,

AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 13


COMMERCIAL OATH AND VERIFICATION

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,

Correspondence will be accepted only as addressed:


john-paul jones
c/o NOTARY NAME, Notary Public (OR Attesting Witness Acceptor)
Address
Address
STATE OF ARKANSAS )
) ss J U R A T
COUNTY OF PULASKI )

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.

_________________________________, NOTARY PUBLIC


Notary Signature
_________________________________ Seal:
Notary printed name
My Commission expires: _________________

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AFFIDAVIT AND PLAIN STATEMENT OF FACTS john-paul jones Page 15

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