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.
Under Title 12 U.S.C. § 1813(l)(1), when the purported borrower deposits or surrenders a promissory note, it is considered a cash item. In this context, a financial institution, such as Chase or other entities, are legally obligated to treat the note as a cash equivalent and issue a cash receipt acknowledging the deposit of this asset.
A bill of exchange can function as "legal tender" or "tender of payment," but its status depends on acceptance and context but regardless, if tendered correctly, it does discharge the debt and respective amount tendered. It is a written instrument where one party (the drawer) orders another (the drawee) to pay a specific amount to a third party (the payee). While bills of exchange can be negotiable, they can also be non-negotiable, meaning they don’t always transfer ownership upon indorsement.