Notice Date: February 23, 2001
ATTENTION
ALL COUNTY COMMISSIONERS COURTS
COUNTY CLERKS/RECORDERS AND
SHERIFFS:
The purpose of this Notice is to
inform county authorities of, and to stop, an ongoing securities fraud
which is being committed, knowingly or unknowingly, by the County Commissioners
Courts and County Clerks/Recorders in Texas, and being perpetrated against
the good people of Texas. TO WIT: The laundering of IRS Form 668(Y)(c)
("Federal Notice of Tax Lien") into a secured Tax Lien Certificate, by
misfiling this "Notice" as if it were a lawful lien.
DOES THIS SCENARIO HAPPEN IN
YOUR COUNTY?
IRS Form 668(Y)(c) arrives in the
mail at the county clerk/recorder's office. It is a mere Notice,
not a commercial lien or lawful lien of any kind. It contains no
certification that there is a lien. It is not supported by affidavit or
adjudication and often, it is not even signed! The county clerk/recorder
files this mere "Notice" in a Tax Lien Index, as if it were an actual lien.
If it were an actual lien, such filing would be mandated by statute.
However, since it is merely a "Notice" such filing DISTORTS and PERJURES
THE COUNTY RECORD!
Then, an IRS agent requests and receives a certificate that this document is in the Tax Lien Index. That certificate incorrectly certifies that there is an actual lien. That certificate is a Security, a negotiable instrument. By this process, a mere unsigned and un-sworn "Notice" has been boosted or laundered into a Security. Such an action constitutes Securities Fraud. A levy is then created by a similar process, and the county Sheriff is given the certificate and goes out to seize the property. This process is in violation of Texas Property Codes and The Federal Register Act.
WHO IS LIABLE ?????
1. The County Clerk/Recorder, who
misfiled the mere "NOTICE of Tax Lien" into a "Tax Lien Index"?
2. The County Auditor, who is responsible
for overseeing county financial operations?
3. The County Commissioners, who
are responsible for the procedures used by the Recorder?
4. The County Sheriff, who is acting
on an unperfected instrument?
Regardless of who is liable, these county officials are subjecting the county to untold millions of liability to the injured parties.
CONSULT YOUR LEGAL COUNSEL FOR
ADVICE -- ASK THIS QUESTION:
Given the legal implications of
the county clerk/recorder’s normal process of certifying what is in the
county records, and given the fact that an IRS Form 668(Y)(c) is NOT verified,
NOT sworn, and in some cases is NOT even signed, what is the legally proper
way to record Form 668(Y)(c)?
Notice to Correct
The discovery of this commercial
fraud, initiated by the IRS, compels the General Council of the Republic
of Texas to NOTIFY the County Commissioners Court and County Clerk/Recorder
of this continuing fraud to cause a review of the process of filing Notices
of Tax Liens generated by the Internal Revenue Service. After review of
the facts and the filing process the County Commissioners Court should
issue new procedures to the County Clerk/Recorder to correct the process
to comply with legal and lawful principles.
If the County Commissioners Court sees fit to allow the Internal Revenue Service to continue to do business in your County, then we recommend that all Internal Revenue Service "Federal Notice of Lien" documents be filed in a general index, until the IRS can show proof of a valid lien. If the IRS fails to show proof of a valid lien (which is an absolute certainty) the Notice should then be deleted from the record.
Lawful Course of Action
In light of the foregoing information
and notification, the proper lawful course of action by the County Commissioners
Court would be:
1. Notice the Internal Revenue Service
that they are without authority to function within your county without
being registered with the Secretary of State.
2. Instruct the County Clerk/Recorder’s
Office that no IRS liens are to be filed into the county record without
proper, lawful certification and adjudication.
3. Instruct the County Clerk/Recorder’s
Office that all filings into the County Record that affect property must
meet the requirements set forth in the Texas Property Code.
Further, you are hereby noticed
of our intent to publicize the above information regarding the fraud being
perpetrated upon the people by the Internal Revenue Service with the cooperation
of the County Commissioners Court and the County Clerks/Recorders Offices,
unwittingly though it may be. This will be done in whatever manner and
by whatever means available for dissemination of information.
Notice to the Principal is
Notice to the Agent
Notice to the Agent is notice
to the Principal
Please respond to the General Council
of the Republic of Texas regarding this notice within thirty (30) days.
[The foregoing Notice was signed by the members of the Republic of Texas General Council and mailed to all 254 County Commissioners Courts in Texas on February 23, 2001, with copies to the Texas Attorney General, the Texas Secretary of State and the Governor of Texas.]