Unlock the Power of eSignature Lawfulness for Affidavit of Title in Australia

How to eSign a document: e-signature lawfulness for Affidavit of Title in Australia

hey this is Rob Reider Thursday May 9th 2013 and I've shown this before numerous times this is my certified copy of record of birth and you know it's always fascinated me with some of the things that says on here like Robert Allen grit loose key right it's a child now remaining in my office and the whole there of vis and vis had a particular definition had to do with a a finding of a jury and child right and then you got written loose key Robert Allen right which is where the idea for the true name came up because your true name is your surname coupled with your given name and initials and if so your initials would be if you're a junior or senior I guess it's your true name it's your surname with your given name but for today oh and then so then it shows my parents with my mother's maiden name are in residence of Auburn Michigan place of birth or a birthplace of each Michigan right some but the bottom here right it's got in testimony where Elvis oh it's got a testimony statement on a particular day Stephen told the County Clerk and then the deputy clerk signed and then they put the circuit court for the county of Bay this is the court of record seal it's nice beautiful Gold Seal what's that got to do with anything well it's gonna have something to do with when I was talking to one earlier today about with the fictitious name and let me see we'll talk about this form here later but this is the one I would do for Kent County so we're not going to start with this one but I just want to show you at the bottom it's got a testimony statement it's got the county clerk's name it's got a place for the deputy all right County Clerk Deputy deputy's gonna sign and there's room over here to put a big-ass gold seal and then this would be recorded in the court of record which we've binding on the world so this really started this word is on for Florida where it's fictitious name registration now Florida you do it through the Secretary of State Michigan you do it through the county in either case I think it needs to go to the other all right so there's three places this is gonna be seen it's gonna be in the county it's gonna be in the state and then Bobby found in Arizona where it looks like you can send it to the trademark division in the federal government and then you will have trademarked your name and it will become your lack of a better term the coat of arms your Memorial bearings nobody can use you got a trademark name now what we haven't done that fictitious name exists we haven't claimed it and I had done a video early on this and I think it was called claim the name based on really the stuff we're talking about now but what's bringing it up again for those who didn't see the email or hear the call that I put on talks you and he'll I don't remember my talk shoe thing is sorry I do with wine today at what is today and I say it was May 9th where he has gone and done this fictitious thing here right so this is what the form looks like they'll smaller start with this is for Florida and application for registration a fictitious name wine filled one of these out he got the certificate back he took the certificate into a court case he gave it to the judge the attorney shows up for the court case the attorney says probably the same things he says every time he's in a foreclosure to start the case off and the judge looked over at Juan and said do you object to that and one said well sure sustained that's what the judge did because all that he all why brought in was this piece of paper well not this the certificate that shows that he has cleaned the fictitious name and I can't show his documents right I'm sorry I can't show him he doesn't want it out but it starts with this form here and so all he did on this form is you put the fictitious name to be registered so this is your all capital and her name first middle and last and for the address now he put care of see / oh I don't think that that's necessary really what you want to do right now they're sending mail to a fictitious name right wherever you're all capital that are fictitious name gets us mail that's his mailing address so put it on here because you want to tie that mailing address and this name as a fictitious business it's not you it's a business and it doesn't ask you on this one what your business is but when we're going through this before people are asked well what is the nature of your business you could tell us property management you could tell them it's estate management right you could tell them it's real estate let's just say it's property management all right so he filled out the mailing address mm-hmm now wine put X's in the state and this comes from the stuff we were doing earlier this year claiming the domicile and stuff so you had put X's here and in the zip code he put it in brackets again I don't know that any of that's necessary I don't know that it would harm because it doesn't show on the certificate you get anyways it's just so is that the certificate has been somebody's claimed the name Florida County a principal place of business you so he put his County down here County of whatever County who was in he didn't put the FBI number now going down to this section this is the owner a fictitious and name if an individual so you're gonna put it in one and see they ask for your last name first anyways right which is that's this right here rat loose key Robert Allen is all right what they're asking for and m dot I dot now I've gone and looked at m dot I dot to see what it's an abbreviation of and I didn't find it I don't believe it's abbreviation for middle initial whatsoever I think m dot may be the abbreviation for middle name and I dot may be the abbreviation for an initial so if I was a junior I would have initials you want to put your last you want to put your full middle name on here right loose key Robert Allen and you can put the exact same address as you put up here the reason being is it's if they're addressing you there you have to do it by your last name you're the owner if they're addressing the corporation they're gonna do it by the all-caps name okay and then didn't fill out any of that stuff and then he did the bottom put the signature of the owner however you would normally sign your name mm-hmm but a phone number email address if you wanted to do it so there was none of this other stuff was filled out right because this is if there's two owners well there isn't there's only one owners a fictitious name of other than an individual right so this is you would use this to do a corporation to open Pepsi none of that was done all that was done was block one fictitious name the address city state zip code the county didn't put an FBI number last first middle address the same as the address up here because it addressed to somebody else because what's happening since we've never claimed the fictitious name it's always been there it's been there since you were born we haven't claimed it since we were five because I think that that's what this is showing this is the this is the original registration this is my owner certificate of title to my all cap letter name a state but the way the rules are written if you don't renew it every five years right then it goes into an abandoned estate or abandoned name I'll show you that with the rules that go with Michigan's here in just a second but this is all wand filled out and then he mailed it in and he got the certificate back and they said he had to put it in a newspaper I mean this is in the in the instructions right it's put in the newspaper for at least a week I think and then you get the affidavit of public notice I guess whatever they call when you put a newspaper and then he took so then he took that information and then just a short brief comment on like a motion page to say he was entering this in the court case and certifying that he was going to send a copy to the plaintiff's attorney now he had four cases going on since he did this back in February he's not gotten mail in any other cases and the reason for this is once the state acknowledges that you're all capital her name is a fictitious entity that it's a corporation and that it's registered well then what you have now are two registered corporations in a disagreement if you're in a foreclosure well now we go to contract law true contract law and in true contract law it has to be a bilateral contract they haven't signed any contracts right they don't have a contract what they're what they're trying to get you to believe is you're the all-capital at her name and that deed of trust or mortgage that you are the only signatory on right is really a gift or a donation to them because you can do that on a unilateral contract you could give a gift however what it is sitting there it hasn't been properly done because if you wanted to give as a gift it would have to look like this you'd have to have witnesses the court needs to know that you're giving your property away so I think it would because the the records in the court of record are what are used by law and all courts of law right so that's the important thing we the office of the recorder whatever's in the office of the recorder which is the court of record in my opinion and it's not a courtroom right it's a bunch of files that's the court of record what's the records say open a record look in it he's the owner there's a certificate you didn't used to have one of those in there now you do now they can't say they're the owner because there's already somebody in there sin that you know you're in there sander of the owner and they'd have to call you a liar and so his case was stayed right so so what the judge did the first time as she stayed the proceedings so first of all she told wine to object to what the attorney said or just said do you object yep okay sustained and then she said she was gonna do a stay of the proceedings for 30 days and the attorney started to talk again and she looked at him and said something really gruff which I'm sure is a sign to the attorney shut your damn mouth it's done well as soon as wine got outside the door the attorneys running after him wondering you rightly so what did you just do because this don't happen to him just happen wine showed him the certificate so they can mail once he anyways he said well I I want it now basically say okay here's a copy and so he told wine oh I'm gonna take care of this you're you're misrepresenting your position or something like that and so I first one was a little bit scared man but would it you know to do something wrong but he's not heard from him since February in any of these cases now after that hearing he was thirty days had he another hearing that's what the judge said stay for 30 days till you get an attorney he hadn't got annoying he was still gonna do it himself was running late got to court court was already over he was only ten minutes late oh no what'd they do man I wasn't here you know you're gonna have to wait and get the mail I mean the things that you think about right until he gets the mail and he finds out that the motion that the plaintiff had put in to strike wines earlier affidavit they had nothing to do with this form but he had put this affidavit in right had been denied by the court they denied the motion to strike his affidavit what does that mean it means the affidavit stands as truth so what we have now is strictly UCC stuff right we've gotten the separation that we need between the all capital order name and ourselves and now the all Kappa later name is a corporation and in corporations between corporations for one corporation to say another corporation has a debt to them what do you think they need to have you need to have a contract signed by both parties because in commerce both parties have to agree you can't have a unilateral contract it has to be a bilateral contract signed by both parties and they don't have any of those with us this is huge stuff huge huge huge okay so anyways you could do it online right and in Florida you could just go do it online and do it cost you fifty bucks then if you want to get a certified copy a certificate of status I did an additional ten and a certified copy for an additional thirty you know do you need those things I don't know do you you want to cover every base it's gonna cost you 98 if you think you just need the one it's gonna cost you 50 and it only takes a few days to happen so I think one set from the time he did his and got it back it was maybe seven to ten days but even though he had this see here's the thing even though he had this it hadn't changed thing in court yet it wasn't until he put it in the court case so even if you don't have a court case what you want to do is get it into the court of record into a miscellaneous file or a fictitious name file or whatever they have right you got it you got a file for fictitious names yes or no and have your public notice paperwork and then say well do you have a place for public notice right so take your and in these states you have to go to the newspaper in Michigan you can do it all with the clerk as we'll see in a second but so okay snack and go away I can go away and let's look at because this is how they get you in Michigan right and I'm sure if we could find this in all the states but if you haven't done this as you'll see you can't have access to the state courts so these are the rules that on this form here they're so nice they put it at the top what are they gonna do under provisions of MCLA for four or five point one two four four five point five I got five easy rules what's it say a person shall not carry on conduct to transact business in the state under an assumed name or under a desert under a designation name or style other than the real name of the person what's the real name surname coupled with given name owning conducting transact in that business unless the person files in duplicate to in the office of the clerk of the county didn't say County Clerk said in the office of the clerk of the county or counties in which the person owns conducts transaction or intends to own conduct or transact business a certificate on a form furnished by the county clerk which for my County looks like this furnished by the County Clerk setting forth a name under which the business is owned or to be owned conducted or transaction and the true or real full name true or real full name which is this one at loose key comment down Allen is your true name by definition setting forth and address the person owning conducting okay name of the company and the address and the name of the person and the address at the time of filing the certificate the person shall pay the clerk of filing fee of six dollars so in Michigan you don't want to go any further than this you want to get this part done first pay the six bucks have the certificate the certificate shall be executed and duly acknowledged by the person owning conducting or intending to conduct the business so let's take a look cuz that's what we want to do first okay this isn't Anu because the name has existed I just haven't claimed it in quite some time since I was 5 or 7 or whenever they first made it go away it would be a renewal name a business Robert Allen wrote loose key all caps address one zero nine five five 14 Mile Road southeast Rockford Michigan four nine three four one just like the IRS sends it to me name of persons owning owning name a person's owning while that would be your true name reduce key comma Robert Allen what's the residence 1:09 55 14 Mile Road northeast Rockford Michigan four nine three four one partnership certificate the undersigned hereby certify Zander provisions of something else I think that would be if you're married right but this particular one this name of this business is we can have all sorts of assumed names out there now that we don't know about you and your wife together would make an assumed name of some kind there be two partners right all these are different little things but the master one for you is your birth one and so if we capture that it may take care of the rest so is or is not and then you sign it subscribe before the notary so just take it to the clerk's office and do it there and then I Mary Hollen RAC clerk of the county so you didn't say County Clerk although you go to her office it's gonna say County Clerk clerk of the county a Kent in the circuit court thereof do hereby certify the foregoing to be true and exact copy the original document online in the office the County Clerk what this will end up being because you're doing a duplicate is your owners original certificate of title they're gonna have the original certificate of title online for everyone to see that you're the owner and you're gonna have the owners copy which is a true an exact copy and testimony where I've I here for hearing to set my hand and official seal at the City of Grand Rapids on and Mary's already on here and the clerk is going to sign and I I'm taking this end to say when you're done deputy clerk there should be a big gold seal right there all right there beautiful okay continuing on so I want to get that down in pay him six bucks the clerks are sort of light of the duplicate and return it to the applicant okay address means the residence or principal business address of the person and okay person whatever a person is chartered County can pay look you can pay a little bit more in a charter County certificate use of assumed name authorized for five years renewal a certificate filing form fee duration notice abandonment guess what these things have happened so the certificate went acknowledged and filed as required in section one authorized for use to assumed name for five years if before the expiration date a renewal certificate on forms to be provided by the county clerk is filed with the county clerk a fee of four dollars the renewal certificate shall extend to the right we use the assumed name for another additional five year period from the date of expiration so you don't need to wait five years what I'm gonna do is every year on my birthday I'm gonna get another one that would be my birthday present to myself I'm good for five years failure to file a renewal certificate and pay the fee of $4 for the expiration date shall on that date constitute abandonment of the assumed name abandonment of the assumed name you just abandoned your property and right now somebody else is claiming to be your all-caps and they going to court because when they go to the file it has an unknown owner assumed name certificates filing period rejection by County Clerk persons now only a conducting such business under assumed name or under such designation referred to in Section one shall file such certificate or renewal certificate as here in before prescribed within 90 days after this act shall take effect and after 30 days notice from the County Clerk and persons Hereafter I wonder if they've heard it really did let us know we had to do this yeah who knows the person here after owning conducting transacting business aforesaid shall before commencing said business files have certificate in a manner here before prescribed the summer county clerks of this day are hereby authorized to reject any assumed name which is likely to mislead the public or any assumed name already filed in the county or so nearly similar thereto as to lead to confusion and deception which is why you don't want to do this as a new one because your names already in there you're already getting mail the county is the one that gives your address to the post office we're doing a renewal we're doing a renewal at least I am assumed name change of business location certificate filing and it's a little bit confusing whenever an assumed name concern has changed or changes its place of business right so originally I'm an Auburn Michigan apparently I'm in Bay City Michigan right I guess I was doing business and Bay City it shall be the duty of the person or persons conducting such business to file with the County Clerk with whom the certificate or renewal certificate required and the provision of section 1 of this Act was filed - with whom conducting to file with the County Clerk with whom certificate under fers Act was file file white Shelby they do to the person a person's conducting such business to file with the County Clerk a certificate stating the change in business location the change of address what County Clerk where it is now or where I'm going to I'm not really sure but let's say but we'll go with what it says with whom the certificate or renewal certificate required under the provisions of section 1 1 a of this act was filed well I'm I guess I'm not going to my birth County I'm going to Kent County it's not where I was born so since this is the place I need to register it with I guess I need to register with them a certificate stating the change in business location occasion which certificate shall be attached to the by the county clerk to the certificate or renewal certificate filed in the provisions of 1 a so there's another certificate stating the change in the business location it didn't say address it says the location right so need to look up the definition of business location and see what meets the criteria because I would think the business location was County obey alright I'm gonna see if I get him to tell me get this close they better start giving some answers or I'm puttin a complaint the problem is you can't get any remedy until you've done this yeah this is gonna blow you away what certificate shall be attached to the County Clerk okay a change of address with this form here find a change of address form with this here okay no problem assumed name discontinuance of operation certificate when assumed name concerned shall go out of business it shall be the duty that person or persons who have conducted such business to file a certificate in the county clerk or counters such a concern transacted business of discontinuous of operations business in such County or counties which certificate shall be attached by the County Clerk to the certificate of renewal certificate filed I think that's where you take your death certificate for your loved ones that have passed away we need to shut down their business something to think about certified copies of original upon request for payment of $2 for copy the clerk shall supply certified copies of original or renewal certificates that's pretty cheap sounds like the right office when they're talking to bucks okay now this is the difference in Michigan right but you paid $6 to fill this out and get it certified that was six dollars now the county clerk shall keep an alphabetical index of all indexing of all persons filing certificates provided for in this act and for indexing and filing of certificates shall receive a fee of $10 remember you're taking them two copies you're gonna keep one of they're gonna keep one and now they're gonna go first they certified it that was for six bucks now they're gonna go index it and file it for ten a copy of the certificate duly certified to by the County Clerk and whose office the same as files shall be presumptive evidence in all courts of law in this state of the facts contained in the certificate and what are the facts and the certificate who the freaking owner of the businesses this is beautiful it's going into the court of record and it's gonna be you know that this is gonna have the force law in all courts in the world shall be presumptive evidence in all courts of law all courts of law upon the payment of the $10 a payee payer shall be entitled to certified copies of the certificate without extra charge with an additional copies for $1 each at the time of filing the original certificate so go on and pay the six get it certified and then telling you want to have an index and filed and if you're in Michigan take these laws in with you if you could print it out the way I have it highlighted I'd do it that way and say we're doing it by the laws at the top not by your custom I'm not gonna let me do it this way I need to talk to your boss every person who was a non-resident the state apply and finally certificate provided for the this act shall file an irrevocable consent to the actions to be commenced against the person and of course the state by service of process pleading authorized by the laws the state you know aria resin the state or not I don't know right I'm gonna go do the easy part first see what it does if I got to come back and do this make myself a non-resident I'll do another certificate and too much there but then here's the one that where they get you because violation of Act penalty violation of contracts effect any person's a person's own and carrying or conducting or transacting business asked for said who shall fail to comply with the prison this Act which is to do one of these not doing one of these is not complying with the Act shall build guilty of a misdemeanor bingo everyone's guilty we're already guilty of a misdemeanor right now sitting at home an upon conviction thereof shall be punished by a fine of not less than twenty five dollars nor more than a hundred or by imprisonment the county jail for a term of not exceeding 30 days or both such fine and imprisonment in the discretion of the court and each day any person or person shall violate any provision this act shall be deemed a separate offense this is all I can put you in jail with nothing just by this because you're not following this act it's enough reason to keep you in jail without filing any charges provided however the fact that a penalty is provided here in for non-compliance with the provisions of this act shall not be construed to avoid contracts 'as contracts but any person or persons failing to file the certificate required in section 1 or 1a shall be prohibited from bringing any suit action or proceeding in any of the courts of this state so it's not going to avoid any contracts but you're not going to be able to defend yourself because you can't bring any suits actions or proceedings in any court of the state until you file the damn paperwork in relation to any contract or other matter paid or done by such persons or persons under the assumed under an assumed or fictitious name such as any contract issue you can't bring up until you've done this and we have contract issues because we've signed contracts and they haven't and as somebody else been using your fictitious name because when they go to court to get this property they're saying they're you and when somebody goes and looks in the record well there's no registered owner I guess that nobody disagrees he is the owner we're gonna change that we're gonna get a big gold star in our paper and put it in that record and you're gonna own the name until after but okay until after full compliance provisions of this act once you've done that well now you can sue them you can bring a suit an action or proceeding but no persons or persons doing business under fictitious name or as the assignee or assignee thereof shall maintain or prosecute any action nor shall any order judgment or decree be made in any action heretofore or hereafter commenced in any court of this state upon an account of any contractor contracts made or transactions had under such a fictitious name after August 14 1919 pretty much covers us no personal versus doing business under a fictitious name or is it signing shell therefore maintain a prosecute in action world or decree made therefore hereafter commenced 90 court upon an account for contracts hmm if conducting two such business under fictitious name has ceased if the conduct of such business so that's why because I I did it to myself alright if if the conduct of such business under such fictitious name has ceased so where did that start no persons a person is doing business under the fictitious name or isn't sign he signing thereof shall maintain to prosecute any action or shall any order judgment or decree be made in an action heretofore hereafter commenced in any court of this state upon account or accounts of contracts made or transactions had under such fictitious name after 1919 if the conduct such business under fictitious name has ceased or if it is still conducted under such official fictitious name when until after full compliance with the provisions of this act again we've got to comply with the Act I think that if you have death certificates of loved ones that somehow they need to go into this and from one of those earlier sections right now I'm going to worry about the living we're not going to worry about the decedent's I'm going to take care of the owners the living and the owners need to go and say they're the freaking owner and say that the name is their property and get it into the court of record so it's presumptive evidence in all courts of law and it's a one-page document however you may need to have a change of address for them and we'll figure out how to do that next but I just wanted to add this to the audio I did earlier on talks you if you go to my talk shoe site which is taking clues from ancient books taking clues from ancient books is the talk shoe site and on there was a call from today which is may 9th with Juan and you can listen to him tell his story about being on court and what happened okay good enough y'all have a great night