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Letter to IRS and county clerk NFTL and the UFLRA

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Letter to IRS and county clerk NFTL and the UFLRA Powered By Docstoc
					Letter to IRS and county clerk about NFTL and following the UFLRA

It is time we take a journey through the US Code (USC), Uniform Federal Lien Registration Act
(UFLRA), and Code of Virginia to trace the legality of the IRS filing a Notice of Federal Tax Lien (NFTL)
at the County Recorders office. Also we will trace the legality of the IRS who is a third party debt collector
directed and controlled by the Secretary of Treasury, (not U.S.) and the corporate Governor of the
International Monetary Fund sending a Notice of Federal Tax Lien to the County Recorder to file and
request that the Notice be turned into a security.

First I will supply you with the definition of certification.

certification (Attested copy), noun affirmation, assurance, attestation, attesting declaration, authentification,
authoritative attestation, avouchment, confirmation, corroboration, declaration, doccmentary evidence,
documentation, endorsement, instrument of proof, legal pledge, proof, ratification, reassurance, reassurement,
solemn declaration, statement, substantiation, support, swearing, sworn evidence, testimony, validation, verification,
written evidence
Associated concepts: audited and paid, certification of loss reserves, certification of stock, certified, certified
according to law, certified check, false certification, fraudulent certification

Now we will look at:
US Code, TITLE 26, Subtitle F, CHAPTER 61, Subchapter A, PART IV, § 6065

§ 6065. Verification of returns
Except as otherwise provided by the Secretary, any return, declaration, statement, or other document
required to be made under any provision of the internal revenue laws or regulations shall contain or be
verified by a written declaration that it is made under the penalties of perjury.

This is very clear, a Notice of Federal Tax Lien, hereafter called a NFTL, shall be verified by a written
declaration that is made under the penalties of perjury.

The NFTL’s that I have seen have a computer generated signature for someone else and no penalty of
perjury block.

Strike one, fraud.

Next we go to the Uniform Federal Lien Registration Act. Section 3.

SECTION 3. [Execution of Notices and Certificates.] Certification of notices of liens, certificates, or
other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate, or
by any official or entity of the United States responsible for filing or certifying of notice of any other lien,
entitles them to be filed and no other attestation, certification, or acknowledgment is necessary.

Read this very carefully, is says CERTIFICATION of notices of liens entitles them to be filed. It does not
say any IRS clerk can have a computer generate a NFTL and send it to the county clerk for the clerk to file.
It does not say the county clerk can convert this piece of paper, with no wet ink signature, not signed under
penalty of perjury, into a security. This is Fraud and there is not a statute of limitations on fraud. Strike 2.

Continuing on, we go to Section 4 of the UFLRA.

SECTION 4. [Duties of Filing Officer.]
(a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any
certificate described in subsection (b) is presented to a filing officer who is:
        (1) the Secretary of State, he shall cause the notice to be marked, held, and indexed in accordance
        with the provisions of [Section 9-403(4),] of the Uniform Commercial Code as if the notice were a
        financing statement within the meaning of that Code; or

        (2) any other officer described in Section 2, he shall endorse thereon his identification and the date
        and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing
        the name and address of the person named in the notice, the date and time of receipt, the title and
        address of the official or entity certifying the lien, and the total amount appearing on the notice of
        lien.

Now we need to look at what the UFLRA says about the duties of the filing officer which is the County
Clerk of the county where the property is located that I pay property taxes on. It is not my property because
my deed says “tenant”. Actually the State owns the property, just another part of the scam. You can read
(2) above but take special note of the phrase “the title and address of the official CERTIFYING the lien”. I
did not see the information required about certifying the lien on my NFTL that was filed in the courthouse.
In fact I can send a request to the Secretary of State’s office requesting a copy of the lien and the reply is
that no lien has been filed.

In other words, if the notice of federal lien is not certified then the lien must be certified, or the notice is not
entitled to be filed for record. The filing officer must enter the information in an alphabetical index
showing the name, title and address of the IRS official that certifies the lien. This has not been done.

Fraud Strike Three.

And finally we shall look at the Code of Virginia.

§ 55-142.1. Where notices and certificates affecting liens to be filed.

A. Notices of liens, certificates and other notices affecting federal tax liens or other federal liens shall be
filed in accordance with this article.

B. Notices of liens upon real property for obligations payable to the United States, and certificates and
notices affecting the liens, including certificates of redemption, shall be filed in the office of the clerk of
the circuit court of the county or city in which the real property subject to the lien is situated.

C. Notices of liens upon personal property, whether tangible or intangible, for obligations payable to the
United States and certificates and notices affecting the liens shall be filed as follows:

        2. In all other cases in the office of the clerk of the circuit court of the county or city (i) where the
        person against whose interest the lien applies resides or (ii) in the case of a trust or a decedent's
        estate, having jurisdiction over the qualification of the trustee or probate of the will, at the time of
        filing of the notice of lien.

§ 55-142.2. Certification of notices and certificates.

Certification of notices of tax liens, certificates or other notices affecting federal liens by the Secretary of
the Treasury of the United States or his delegate or by any official or entity of the United States responsible
for filing or certifying notice of any lien other than a tax lien, entitles them to be filed and no other
attestation, certification, or acknowledgment is necessary.

§ 55-142.3. Duties of filing officers.
A. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate
described in subsection B is presented to the filing officer and

        1. He is the clerk of the State Corporation Commission, he shall cause the notice to be marked, held
        and indexed in accordance with the provisions of § 8.9A-519 as if the notice were a financing
        statement within the meaning of that Code; or

        2. He is any other officer described in § 55-142.1, he shall endorse thereon his identification and
        the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index
        showing the name and address of the person named in the notice, the date and time of receipt, the
        serial number of the district director in the case of tax liens, the title and address of the official or
        entity certifying the lien, and the total amount appearing on the notice of lien, and shall index and
        record the same where judgments are indexed and recorded.

D. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file,
on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under
this article, naming a particular person, and if a notice or certificate is on file, giving the date and hour of
filing of each notice or certificate. The fee for a certificate is one dollar. Upon request the filing officer
shall furnish a copy of any notice of federal tax lien or notice or certificate affecting a federal lien for a fee
of fifty cents per page.


Strike Four, I do not see the serial number of the district director or the title and address of the official
certifying the lien. Since the IRS no longer have district directors this part of the law is impossible to
follow. This is just more fraud.

As we see above in A. 2. the certified notice of federal lien or certified lien shall index and record the same
where judgments are indexed and recorded. In case you do not understand what a judgment is it is a court
order from a judge. Can you show me that?

This letter is a request to view the Certified Notice of Federal Lien or the Certified Lien. I want to see the
endorsement with the clerks identification and the date and time of receipt and see the alphabetical index
showing the name and address of the person named in the notice, the date and time of receipt, the serial
number of the district director in the case of tax liens, the title and address of the official or entity certifying
the lien, and the total amount appearing on the notice of lien as stated in 55-142.3. D.

Because of a county clerk who did not check with the Code of Virginia before securitizing a piece of paper,
I have been defrauded of $142,000.00. I think that will convert into some serious jail time.

That is only the beginning, because when I contact the other people who have fraudulent Notices of Federal
Tax Liens securitized against them, no telling what the jail time will add up to.

				
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posted:8/25/2011
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