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If you must use the UCC – Here is The Key to Settle Anything


3-603. TENDER  OF PAYMENT with an Offer to Pay is The Key

(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.

(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

Why not make an offer to pay AND include certified funds (example $50)? 

Then they must return it or accept it. Either way you can force them to prove their claim and standing. More to come. Put the burden of proof on them.

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10 Responses

  1. Melba Ford says:

    No one ever answers.  I wish to learn more about the mortgages and how to win in irs cases.  I have not had any response from Member enrollment.

  2. Isaac cruz says:

    how to do the ucc

  3. tc says:

    i had a private lender offer to purchase my home in foreclosure the offer was  made for the full price that is listed on the Notice of Trustee Sale which is a recorded document and it states "the total amount due and owing on this loan including other charges is $……"   The offer included an escrow deposit check and a proof of funds letter from a Wells Fargo senior private banker, it stated that interest would be added through the date of closure and that we could close in 10 days it was presented in person to the banks headquarters by a broker. He was then forced to redo the offer on a short sale form!!! they then denied the offer because they stated it was too close to a foreclosure sale?

    Does this count as a valid tender of offer and because it wasa refused is the amount discharged?

    Keep in mind that this total amount stated as due o the NOTS was $110k less than they stated on an unsigned payoff quote 8 months earlier and $130k less than what they submitted to a BK court 3 months after the NOTS

    They say the amount on the NOTS was a simple math error but they never corrected the NOTS and  it stated an amount to the penny.

  4. Donald Wilson says:

    I had someone charge me $1150 to set up my Ucc-308 documents and discharge my debt. After paying them they said the payment was only for the ucc license. They said I would have to pay them over $5000 to have them discharge my $25000 unsecured personal loan. I’m a hard working family man drowning in debt the I accrued to get me through school. Now most of my salary goes towards all this college debt. I’m looking for answers on how to get out of this besides filing bankruptcy.

    • MJT says:

      Stop thinking about discharge and about whether there is a contract. No proving a claim IS a “discharge” by admin default. That one you can learn and do on your own though a debt collector process and suit if needed. Check out the debt collector letter in the Premium Member folders.

  5. Maurice Ford says:

    First I want to say this is a very powerful site I havent been able to get off. Im kinda lost I must say. Do I have to authenticate my birth certificate and file ucc 1 to change from United States citizen to State citizen or could I just go the birth certificate route? I really want to be free

    • MJT says:

      First of all, what exactly do yo hope to accomplish bu authenticating the BC. or is there a specific issue to deal with?

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