In the realm of civil litigation, summary judgment serves as a powerful procedural tool to resolve cases where there is no genuine dispute of material fact. Plaintiffs, ™STEVEN MACARTHUR-BROOKS© ESTATE and ™STEVEN MACARTHUR-BROOKS© IRR TRUST, have invoked this mechanism to propose an Order Granting Summary Judgment against Defendants. Their claim is fortified by well-established legal principles, an unassailable record of unrebutted affidavits, and adherence to statutory and procedural rules.
The Clearfield Doctrine, established in the Supreme Court case Clearfield Trust Co. v. United States, 318 U.S. 363 (1943), provides a critical lens to view the U.S. government’s role in commerce and contract law. This doctrine reveals that when the government engages in "commercial" transactions, it acts as a private entity and forfeits any claim to sovereign immunity. Its implications ripple through contract law, the Uniform Commercial Code (UCC), and the understanding that everything, factually and legally, is commerce. Everything the Government does is "commercial." Think about that for a moment…
In a pivotal case defendants including San Diego County Credit Union and Sheppard Mullin submitted a Notice of Removal with questionable stipulations. In response, plaintiffs Steven MacArthur-Brooks Estate and STEVEN MACARTHUR-BROOKS IRR Trust, represented by Attorneys Kevin L. Walker and Steven MacArthur-Brooks, filed a "Verified Motion for Summary Judgment and Conditional Acceptance," asserting that immediate resolution is warranted as a matter of law due to binding, unrebutted commercial affidavits. The motion emphasizes that these affidavits, as uncontested evidence, establish a clear path to summary judgment under federal and Florida contract law, highlighting the defendants’ failure to substantiate their claims and the necessity for the court to act without delay.
House Joint Resolution 192 of 1933 Public Law 73-10 and the Removal of Gold from America: a long time ago, back in 1933, the government had a big money problem. They couldn’t pay their bills, so they declared bankruptcy. To fix things, they created new rules. One of these was called Executive Order 6102, which made “U.S. citizens” turn in their gold coins and bars. In exchange, they received paper money called Federal Reserve Notes. But here’s the key part: this rule only applied to “U.S. citizens,” not to private citizens who knew they were different from that legal status.
Most people didn’t know the difference between the public and private sides of the law, so they unknowingly volunteered to give up their gold. By not understanding the difference, they became their ens legis, also known as their “straw man” “U.S. citizen,” or “trust,” or “bank,” or “corporation,” or “individual.” It is the fake version of themselves whether they consciously know it or know. The “U.S. citizen” is a “legal person” and a fiction—an entity. By volunteering to turn in their gold, these people also agreed to use Federal Reserve Notes instead of “lawful money,” which is gold and silver-backed. They entered into a contract without even realizing it, and contract is law and enforceable.
Contracts, legally binding agreements between parties, are often formed through mutual consent, typically involving an offer and acceptance. Silence, known as tacit agreement, acquiescence, or tacit procuration, can also legally bind parties to contract terms. This concept becomes vital when challenging purported fraudulent loans like mortgages. Through the strategic use of commercial affidavits, one can utilize contract law principles such as the mailbox rule, the Uniform Commercial Code (UCC), and relevant statutes to enforce or modify contract terms. However, it is equally important to recognize that using Federal Reserve Notes (FRNs) for debt payment may be interpreted as tacit acceptance of the contract’s terms, potentially resulting in the abandonment of one’s assets and exemptions. This action may further expose the purported borrower to legal risks under federal law.
When a purported borrower takes out a loan from a bank, it may seem as if the bank is lending its own money. However, under 12 U.S.C. § 83, banks are prohibited from lending their own funds. Instead, the bank uses the purported borrower’s promissory note—created through the borrower’s signature—as the source of credit. This note, becomes an asset on the bank’s books, allowing it to generate credit entries for a private monetary system without using its own capital. Importantly, no money leaves a bank account; all the credit generated is based on accounting entries.
Many people are banking incorrectly, misunderstanding the true nature of financial obligations and the protections available to them under the law. According to 18 U.S. Code § 8, an "obligation or other security of the United States" is defined broadly, indicating that all such obligations fall under the purview and responsibility of the U.S. Treasury. This includes Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money. This has profound implications for how we understand debts and bills.
anyone can file a UCC-1 against anyone else. To protect both secured creditors and debtors, Article 9 has strict requirements that must be met for a filed UCC-1 to be effective. One of those requirements is that the financing statement must be authorized by the debtor. Even if that authorization is way of a non-response to an affidavit and/or notice, silent acquiescence, tacit agreement, and/or tacit procuration.
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