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    3.3-Notice of Fault

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    Michael Kovach
    This document is a notice of fault in dishonor and opportunity to cure sent from John Henry Doe to Jack Jones, Chief Financial Officer of ABC Bank. It states that Doe previously sent a notice of tender for setoff and request for a statement of account, but that as of April 27th, Jones/the bank had not sufficiently responded. The notice gives Jones 10 days to either correct the statement of account or execute documents to remedy the situation, or it will be considered a final admission of the facts by Jones/the bank. Included are records of the previous presentment and notices sent.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd

    3.3-Notice of Fault

    Uploaded by

    Michael Kovach
    2K views5 pages
    This document is a notice of fault in dishonor and opportunity to cure sent from John Henry Doe to Jack Jones, Chief Financial Officer of ABC Bank. It states that Doe previously sent a notice of tender for setoff and request for a statement of account, but that as of April 27th, Jones/the bank had not sufficiently responded. The notice gives Jones 10 days to either correct the statement of account or execute documents to remedy the situation, or it will be considered a final admission of the facts by Jones/the bank. Included are records of the previous presentment and notices sent.

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    brandon Adams, gordon hall - creditors in commerce

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    © Attribution Non-Commercial (BY-NC)

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    This document is a notice of fault in dishonor and opportunity to cure sent from John Henry Doe to Jack Jones, Chief Financial Officer of ABC Bank. It states that Doe previously sent a notice of tender for setoff and request for a statement of account, but that as of April 27th, Jones/the bank had not sufficiently responded. The notice gives Jones 10 days to either correct the statement of account or execute documents to remedy the situation, or it will be considered a final admission of the facts by Jones/the bank. Included are records of the previous presentment and notices sent.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views5 pages

    3.3-Notice of Fault

    Uploaded by

    Michael Kovach
    This document is a notice of fault in dishonor and opportunity to cure sent from John Henry Doe to Jack Jones, Chief Financial Officer of ABC Bank. It states that Doe previously sent a notice of tender for setoff and request for a statement of account, but that as of April 27th, Jones/the bank had not sufficiently responded. The notice gives Jones 10 days to either correct the statement of account or execute documents to remedy the situation, or it will be considered a final admission of the facts by Jones/the bank. Included are records of the previous presentment and notices sent.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 5
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    The document outlines a dispute regarding a bank account and provides an opportunity for the bank to resolve the dispute or admit to the facts presented.

    The document appears to be providing notice of a dispute regarding a bank account and statement of account, and presenting an opportunity for the bank to resolve the issues or admit to the facts presented.

    The recipient (bank) is being provided an opportunity to cure any fault or mistake regarding the dispute within 10 days, either by correcting the statement of account or executing documents to reconvey property.

    Registered Mail # RR222333444US

    THIS IS A PRIVATE COMMUNICATION BETWEEN THE PARTIES


    NOTICE TO AGENT IS NOTICE TO PRINCIPAL --- NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    NOTICE OF FAULT IN DISHONOR OPPORTUNITY TO CURE


    April 28, 2010 Principal: John Henry Doe

    c/o Cindy Smith 1234 Main Street Huntington Beach, CA 92648

    Respondents: Jack Jones, Chief Financial Officer c/o ABC BANK, N.A. 555 BANKER STREET PASADENA, CA 91101 Re: ACCOUNT NO. 1000000201; JOHN H DOE.

    STATEMENT OF FACTS: On April 17, 2010, John Henry Doe, hereinafter Principal, made presentment of a NOTICE OF TENDER FOR SETOFF and a REQUEST REGARDING A STATEMENT OF ACCOUNT, hereinafter Presentment, via Cindy Smith, Notary Public, hereinafter Notary, to JACK JONES, CHIEF FINANCIAL OFFICER, ABC BANK, N.A., hereinafter Respondent. 1. On April 9, 2010, United States Postal Service, hereinafter Carrier, successfully delivered the Presentment to the Respondent. 2. As of April 27, 2010 Respondent has not sufficiently responded to the Presentment. 3. Respondents failure to sufficiently respond or timely honor the Presentment, by the terms of the Presentment, constitutes Respondents acceptance and approval of the REQUEST REGARDING A STATEMENT OF ACCOUNT contained therein. 4. Respondents failure to perform by the terms of the Presentment constitutes Respondents acceptance and approval of the granting and conveying of a Specific Power of Attorney to the Principal to perform the duties of the Respondent stipulated therein. 5. Respondents are at fault. 6. As an operation of law, the Respondent by dishonor of the Presentment has created a fault. OPPORTUNITY TO CURE: In the event that Respondents failure to respond to the Presentment was an oversight, mistake or otherwise unintentional, Principal grants Respondent Ten (10) days, exclusive of the day of receipt, to cure the fault and affect the remedy. The Respondents have Ten (10) calendar days to cure their Dishonor by the following:

    NOTICE OF FAULT IN DISHONOR, OPPORTUNITY TO CURE

    Page 1 of 3

    1. Correct the statement of account contained within the REQUEST REGARDING A STATEMENT OF ACCOUNT, by the terms stipulated therein, OR, 2. Execute or cause to be executed a Notice of Rescission and a Deed of Full Reconveyance in accord with the Presentment and pursuant to the Deed of Trust, recorded on or about June 27, 2005, in the Office of the Orange County Recorder as Instrument No. 2005-0000001. Failure to cure will constitute, as an operation of law, the FINAL admission of the facts set forth in the Presentment by Respondents through tacit assent to the Presentment and the whole matter shall be deemed res judicata and stare decisis. Response by Respondent must be served on Principal exactly as provided: John Henry Doe c/o Cindy Smith
    1234 Main Street Huntington Beach, CA 92648

    California Republic Los Angeles county

    ) ) sworn and subscribed: )

    Commercial Affidavit Oath and Verification

    I, John Henry Doe, Secured Party Creditor, under my unlimited liability and Commercial Oath, proceeding in good faith, being of sound mind, having first-hand knowledge, affirm, state, and declare that the facts contained herein are true, correct, complete and not misleading, under penalty of International Commercial Law, so help me, God, this Twenty-eighth day of the Fourth month, in the year of our Lord, Two-thousand Ten. Witness my hand and seal. John Henry Doe, Secured Party Creditor ________________________________________________________________ (seal)

    State ofCalifornia ) ss: County of Los Angeles )

    JURAT

    Subscribed and sworn to (or affirmed) before me on this ________ day of _____________________, ________, by April 28th 2010 _______________________________, proved to me on the basis of satisfactory evidence to be the person who John Henry Doe appeared before me. ___________________________________ Signature Cindy Smith c/o 1234 Main Street Huntington Beach, CA 92648

    (seal)

    Enclosure(s): (1) ATTACHMENT A, RECORD OF PRESENTMENT, consisting of: a. Notice of Tender for Setoff dated April 17, 2010 (2 pages); b. Request Regarding a Statement of Account April 17, 2010 (1 page); c. Notice to Setoff Accounts dated April 6, 2010 (1 page); d. Mortgage Statement of Account dated March 25, 2010 (2 pages); e. I.R.S. Form 1040-V (2 pages);

    NOTICE OF FAULT IN DISHONOR, OPPORTUNITY TO CURE

    Page 2 of 3

    f. g. h. i. j.

    Notarys Certificate of Service dated April 6, 2010 (1 page); Notarys Certificate of Non-Response dated April 17, 2010 (1 page); Notarys Certificate of Service dated April 17, 2010 (1 page); USPS Form 3806, Receipt for Registered Mail (1 page); and USPS Form 3811, Domestic Return Receipt (1 page).

    (2) Notarys Certificate of Service, dated April 28, 2010 (1 page).

    NOTICE OF FAULT IN DISHONOR, OPPORTUNITY TO CURE

    Page 3 of 3

    ATTACHMENT A

    RECORD OF PRESENTMENT
    FOR: NOTICE OF FAULT IN DISHONOR, OPPORTUNITY TO CURE # RR222333444US

    This section, Attachment A, includes: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Notice of Tender for Setoff dated April 17, 2010 (2 pages); Request Regarding a Statement of Account dated April 17, 2010 (1 page); Certificate of Non-Response dated April 17, 2010 (1 page); Notice to Setoff Accounts dated April 6, 2010 (1 page); Private Registered Setoff Bond dated April 6, 2010 (1 page); Mortgage Statement of Account dated March 25, 2010 (2 pages); I.R.S. Form 1040-V (2 pages); Notarys Certificate of Service dated April 6, 2010 (1 page); USPS Form 3806, Receipt for Registered Mail, dated April 6, 2010 (1 page); Notarys Certificate of Service dated April 17, 2010 (1 page); USPS Form 3806, Receipt for Registered Mail, dated April 17, 2010 (1 page); and USPS Form 3811, Domestic Return Receipt, Dated April 19, 2010 (1 page).

    This section includes a total of Fifteen (15) pages, not inclusive of this page.

    NOTARYS CERTIFICATE OF SERVICE


    It is hereby certified, that on the date noted below, the undersigned Notary Public mailed to: JACK JONES, CFO c/o ABC BANK, N.A. 555 BANKER STREET PASADENA, CA 91101 hereinafter, Recipient, the documents and sundry papers pertaining to the Recipient, regarding Account# 1000000201; Loan# 1000000201; MIN# 100033555500001101 ________________________________________________________________________ as follows: 1. NOTICE OF FAULT IN DISHONOR, OPPORTUNITY TO CURE, issued by John Henry Doe and dated April 28, 2010 (3 pages); 2. ATTACHMENT A, RECORD OF PRESENTMENT, consisting of: a. NOTICE OF TENDER FOR SETOFF dated APRIL 17, 2010 (2 pages); b. REQUEST REGARDING A STATEMENT OF ACCOUNT dated APRIL 17, 2010 (1 page); c. CERTIFICATE OF NON-RESPONSE, dated April 17, 2010 (1 page); d. NOTICE TO SETOFF ACCOUNTS dated April 6, 2010 (1 page); e. PRIVATE REGISTERED SETOFF BOND NO. 2010040601 dated April 6, 2010 (1 page); f. MORTGAGE STATEMENT OF ACCOUNT dated March 25, 2010 (2 pages); g. I.R.S. FORM 1040-V, PAYMENT VOUCHER (2 pages); h. NOTARYS CERTIFICATE OF SERVICE dated April 6, 2010 (1 page); i. USPS FORM 3806, RECEIPT FOR REGISTERED MAIL, dated April 6, 2010 (1 page); j. NOTARYS CERTIFICATE OF SERVICE dated April 17, 2010 (1 page); k. USPS FORM 3806, RECEIPT FOR REGISTERED MAIL, dated April 17, 2010 (1 page); l. USPS FORM 3811, DOMESTIC RETURN RECEIPT, dated April 19, 2010 (1 page); and 3. reference copy of this NOTARYS CERTIFICATE OF SERVICE (1 page) (signed original on file), Twenty (20) a total of _____________________ pages, RR 222 333 444 US by Registered Mail No. ________________________________ Return Receipt attached by placing same in a postpaid envelope properly addressed to Recipient at the said address and depositing same at an official depository under the exclusive face and custody of the U.S. Postal Service within the State of California.

    __________________________________________ NOTARY PUBLIC

    April 28, 2010 _____________________ DATE

    (Seal) (Stamp)

    09, 2013 My commission expires:August _____________________________ Cindy Smith c/o 1234 Main Street Huntington Beach, CA 92648

    LEGAL NOTICE The Certifying Notary is an independent contractor and not a party to this claim. In fact the Certifying Notary is a Federal Witness Pursuant to TITLE 18, PART I, CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant . The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violations of the U.S. Postal regulations as an Officer of the Executive Department. Intimidating a Notary Public under Color of Law is a violation of Title 18, U.S. Code, Section 242, titled Deprivation of Rights Under Color of Law, which primarily governs police misconduct investigations. This Statute makes it a crime for any person acting under the Color of Law to willfully deprive any individual residing in the United States and/or United States of America those rights protected by the Constitution and U.S. laws.

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