Public Notice: Notice and Demand False Liability Claim, EMC Mortgage Corporation


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Posted by CP on October 30, 1998 at 10:52:21:

In Reply to: Re: "IN GOD WE TRUST" posted by Two Cities on October 16, 1998 at 17:23:08:

Charles Raymond; Pixley, Sui Juris,
c/o non domestic mail location:
4810 Saint Paul Boulevard
Rochester, Republic of New York state
near [14617]

In Propria Persona
Under Protest and Without Prejudice
By Special Visitation Only

NOTICE and DEMAND for RELIEF
False liability claim $4264.64
EMC Mortgage Corporation,

COMES NOW Charles Raymond; expressly not a citizen of the United States ("federal citizen"), to provide formally a Notice to all interested party(s), filed in the Name of Peace and with Respect for Divine Law found at: Matthew 5:33-37, and second Witness at: James: 5:12 and Pursuant to Divine Law found at: Matthew: 16:19 and Deuteronomy 25: 13-16.

Brief History of Complaint

Whereas, through no fault of Our own, mortgage payments of $761.33 per month were in arrears in the early 1990’s. Arrangements were made with The Department of Housing and Urban Development, (H.U.D.) to payoff the arrears at $1007.98 per month, thus paying at the same time $761.33 and $299.37 extra to maintain or restore a current status while paying off the arrears.

Further, after paying without fail and near honorable completion of our contract with H.U.D., EMC Mortgage Corporation purchased the loan from H.U.D. and became our Mortgagor.

Further, We continued paying the $1,007.98 per month without missing any payments until the arrears was paid in full. At that time we commenced sending a payment to EMC Mortgage Corporation based upon the original mortgage payment of $761.33. Whilst We have not missed one payment since the negotiation with H.U.D., EMC Mortgage Corporation is fraudulently stating an amount of $241.16 allegedly to be credited to principal monthly is in arrears. (See Exhibit A, monthly Billing Statement).

Further, though every month we have exhaustively explained to employees of EMC Mortgage Corporation there is a computer related human error, to this day EMC Mortgage Corporation arbitrarily carries the mortgage payment at $1,007.16, while debiting the $241.16 and $5.49 from the Misc. column and credits “escrow adv repay” of 241.16 and advance escrow impounds $4.01?

Further, when consulting an amortization schedule we are clearly on schedule. If the combined total of $241.16 and $58.21 equaling $299.37 is to be credited towards principal, what is the proper amortization and corresponding appropriate percentage rate? Bona fides non patitur, ut bis idem exigatur. (see Exhibit B amortization schedule.) http://www.openhouse.net

Further, our current loan contract is at 10% per annum and in this time of greatly reduced interest rates obviously it would reduce the financial burden upon Our household and obviously be to our best interest and overall financial status to refinance our loan contract at prevailing rates at approximately 6.25% to 6.75% per annum at 10 years, making Our credit status a better risk . “But, thou shall have a perfect and just weight, a perfect and just measure shalt thou have; that thy days may be lengthened in the land which the Lord giveth thee.” Deuteronomy 25: 13-16. (see Exhibit C, amortization schedule).

Further, We are paying EMC Mortgage Corporation far more then is necessary at prevailing rates.

Further, EMC Mortgage has not resolved this problem and employees have consistently harassed our household several times per month. They are now sending threats by mail, as well as sending EMC Mortgage Corporation local representative agents who trespass without notice or appointment.

Further, these threats and incorrect, harmful reporting tactics and fraudulent claims being made by EMC Mortgage Corporation are being sent through “United States” Postal Service and calls are over interstate telephone lines.

Therefore, EMC Mortgage Corporation may now be committing Interstate Mail and Wire Fraud.

Further, EMC Mortgage Corporation has intentionally harmed Our credit status by reports to various credit reporting agencies.

Further, adding injury to insult, EMC Mortgage Corporation is threatening to initiate legal action against our property.
Isn’t this form of USURY illegal under “United States” Banking, Common and Divine Laws?

REMEDY REQUESTED

Wherefore, all premises having been duly considered, We respectfully DEMAND EMC Mortgage Corporation CEASE and DESIST from fraudulent Monthly Billing Statement calculation, collection and harmful credit reporting.

Further, we respectfully DEMAND EMC Mortgage Corporation submit to us copies of their recession letter(s) to the various reporting agencies, amending and correcting Our credit report.

Further, We respectfully DEMAND a refinanced mortgage contract of approximately $65,000 from EMC Mortgage Corporation at the prevailing rate(s), which are now approximately 6.25% to 6.75% per annum and for the term of 10 years, thus allowing for the complete payoff of the outstanding balance of the old mortgage contract with sufficient funds to pay all appropriate appraisal, closing, reporting, taxes, legal and miscellaneous fees.
VERIFICATION

Further, I, Charles Raymond Will it be known that I and My heirs in succession do claim sovereign immunity for debts and penalties incurred and imposed against this Land Patent or these persons by execution of any adhesion or unconscionable instrument, contract or deed enacted by any entity, or corporation or government arrogation.

Further, I, Charles Raymond; Pixley as such status, hereby make this Special Appearance, giving NOTICE and requesting RELIEF At Law, in Common Law, neither conferring nor consenting to any foreign jurisdiction, and as such willfully enforce all Constitutional limitations respectively on all government agencies when dealing with them. Further, I sayeth not.

Peacefully Submitted,
Executed on 30 October 1998


______________________________
Charles Raymond; Pixley, Sui Juris, In Propria Persona
(expressly not a citizen of the “United States”).
All rights reserved without prejudice.

PROOF OF SERVICE
I, Charles Raymond; Pixley, Sui Juris, In Propria Persona, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States," that I am at least 18 years of age, and that I personally served the following document: NOTICE CEASE and DESIST DEMAND for RELIEF False liability claim $4264.64 per Ref: EMC Mortgage Corporation, by placing one true and correct copy of said document(s) in first class U.S. Mail, with postage prepaid and properly addressed to:

EMC MORTGAGE CORPORATION
222 West Las Calinas
Irving, Republic of Texas state
near [75039]

Declared, this 30th day of the tenth month of the 33rd year of Siva Kalpa nineteen hundred and ninety eight years after death of Jesus Christ, representing this 30th day of the tenth month nineteen hundred and ninety eight.


Common Law rt. Thumb print
Charles Raymond; Pixley, Sui Juris, In Propria Persona,
First Middle; Last name, (positive identification) (expressly not a citizen of the “United States)”
All rights reserved without prejudice.


Word Definitions, References
and Public Notice


(See Bouvier Law Dictionary, 1856 Edition, at www.alaska.net/~winter/bouvier1856_illusion.html, Black's Law Dictionary, 1990, (ISBN 0-314-76271-X), Siva Kalpa, (copies are available from upon request) and The Holy Bible for the definition of all words and phrases used in this Notice and Demand), which is posted for public viewing and discourse at: http://www.supremelaw.com.




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